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Packet Pg. 570 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 697 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Exhibit V - Public Works: Cemetery
Service Effective
7-1-22
Row 5 $ 11,201.87
Row 4 $ 11,735.30
Row 3 $ 11,735.30
Row 2 $ 11,201.87
(Bay View Columbarium Entry) Double (M, Outside Glass
Row 6 $ 12,002.02
Row 5 $ 12,535.44
Row 4 $ 13,068.86
Row 3 $ 13,068.86
Row 2 $ 12,535.44
(Bay View Columbarium Entry) Feature (R)
Row 4 $ 30,138.42
(Bay View Columbarium Entry) Single (T) Outside Glass
Row 6 $ 6,001.00
Row 5 $ 6,267.70
Row 4 $ 6,534.42
Row 3 $ 6,534.42
Row 2 $ 6,267.70
Niches (Bay View Columbarium Entry) Feature (P)
Row 4 $ 22,937.21
Row 3 $ 22,937.21
Row 2 $ 22,937.21
(Bay View Columbarium Entry) Feature (K)
Row 3 $ 41,873.75
(Bay View Columbarium Entry) Wide Single Angle Corner (G,H) Row 7 $ 5,267.53
Row 6 $ 8,268.06
Row 5 $ 8,668.12
Row 4 $ 9,068.19
Row 3 $ 9,068.19
Row 2 $ 8,668.12
Row 1 $ 6,267.70
(Bay View Columbarium Vault) (Elevations 4,9)
Row 7 $ 3,067.17
Row 6 $ 5,067.50
Row 5 $ 5,334.22
Row 4 $ 5,600.92
Row 3 $ 5,600.92
Row 2 $ 5,334.22
Row 1 $ 3,733.94
(Bay View Columbarium Vault) Wide Single (H)
Row 6 $ 7,734.62
V - 3
*Please note that the changes for this exhibit are noted in Appendix 2.
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Packet Pg. 571 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 698 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Exhibit V - Public Works: Cemetery
Service Effective
7-1-22
(Bay View Columbarium Vault) Double (L)
Row 6 $ 10,401.73
Row 2 $ 10,935.17
(Bay View Columbarium Vault) Feature (N)
Row 3 $ 41,607.04
(Bay View Columbarium Alcove) (Elevations 6,7,8) Single (B,D) Row 7 $ 2,800.46
Row 6 $ 4,800.78
Row 5 $ 5,067.50
Row 4 $ 5,334.22
Row 3 $ 5,334.22
Row 2 $ 5,067.50
Row 1 $ 3,467.24
(Bay View Columbarium Alcove) Wide Single (H)
Row 6 $ 7,467.91
Row 3 $ 8,268.06
Row 2 $ 7,867.98
(Bay View Columbarium Alcove) Double (L)
Row 5 $ 10,668.46
Row 4 $ 11,201.87
Row 3 $ 11,201.87
(Bay View Columbarium Alcove) Feature (R)
Row 4 $ 29,338.30
(Bay View Columbarium Alcove) Wide Single Inside Corner (G, Row 7 $ 4,734.12
Row 6 $ 7,734.62
Row 5 $ 8,134.70
Row 4 $ 8,534.76
Row 3 $ 8,534.76
Row 2 $ 8,134.70
(Bay View Columbarium Family Alcove) Single (F)
Row 5 $ 3,867.30
Row 1 $ 3,867.30
(Bay View Columbarium Family Alcove) Feature (Q)
Row 4 $ 24,137.41
Row 3 $ 24,137.41
Row 2 $ 24,137.41
ENDOWMENT CARE
V - 4
*Please note that the changes for this exhibit are noted in Appendix 2.
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Packet Pg. 572 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 699 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Exhibit V - Public Works: Cemetery
Service Effective
7-1-22
Endowment Care (All interment spaces, except green burial graves) 25% of the cost of the interment
space.
Endowment Care (Green burial graves) 35% of the cost of the interment
space.
CEMETERY MISCELLANEOUS SERVICE CHARGES
Opening and Closing (Adult Grave) per casket $ 1,213.51 Opening and Closing (Crypt) per casket or urn $ 913.47
Opening and Closing (Niche) per urn $ 126.66
Opening and Closing (Cremation Grave) per urn $ 382.24
Opening and Closing (Infant Grave) per casket $ 382.24
Administrative $ 140.00
Witnessed Lowering $ 460.05
Graveside Set-up/Equip. $ 418.49
Cryptside Set-up/Equip. $ 357.82
Nicheside Set-Up/Equip. $ 303.24
Disinterment (Adult Grave) $ 1,666.93
Disinterment (Cremation Grave) $ 749.45
Disinterment (Infant Grave) $ 749.45
Disinterment (Crypt) $ 819.75
Disinterment (Niche) $ 66.66
Marker Installation (Adult Grave) $ 566.74
Marker Installation (Crypt) $ 186.68
Marker Installation (Niche) $ 126.66
Upright Monument Installation $ 1,133.50
Memorial Tablet Installation $ 2,267.03
Single Sandblasting for Crypt Front $ 466.73
Double Sandblasting for Crypt Front $ 600.09
MORTUARY CHARGES
Basic Services of Funeral Director and Staff $ 1,726.93 Embalming $ 676.03
Special Care of autopsied remains $ 250.01
Harvest repair $ 408.27
Pacemaker removal $ 66.66
Other preparation of the remains $ 324.03
Identification/viewing of un-embalmed remains (30-minutes) $ 231.97 Dressing and casketing of unembalmed remains $ 262.90
Refrigeration of remains $ 676.03
V - 5
*Please note that the changes for this exhibit are noted in Appendix 2.
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Packet Pg. 573 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 700 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Exhibit V - Public Works: Cemetery
Service Effective
7-1-22
Transfer of remains to funeral home (Residence removal or second attendant, add $95.00) (Beyond 30 miles, charged at $3.00 per mile) $ 793.45
Funeral Coach (Hearse) 4 hours (Each additional hour charged at $150 per hour) (Beyond 30 miles, charged at $3.00 per mile) $ 822.73
8 Pass Limo - 4 hours (Each additional hour charged at $150 per hour) (Beyond 30 miles, charged at $3.00 per mile)
$ 912.43
10 Pass Limo - 4 hours (Each additional hour charged at $150 per hour) (Beyond 30 miles, charged at $3.00 per mile)
$ 952.64
Flower Van - 4 hours (Each additional hour charged at $150 per hour) (Beyond 30 miles, charged at $3.00 per mile)
$ 519.62
Additional livery charges to Riverside National Cemetery $ 200.01 Foreign Consulate office visit $ 400.05
Transfer of remains to place of autopsy and return to funeral home (Beyond 30 miles, charged at $3.00 per mile)
$ 303.24
Delivery of casketed remains to residence for viewing (Beyond 30 miles, charged at $3.00 per mile)
$ 400.05
Use of staff for viewing $ 631.85
Use of staff for funeral ceremony $ 756.31
Use of staff for memorial service (no casket present) $ 677.02 Additional evening service $ 916.60
Use of equipment and Staff for graveside ceremony $ 521.51 Charge for any ceremony held on weekend $ 1,455.65
Re-filing of permit or affidavit preparation $ 200.01
Use of Audio Visual Equipment $ 545.86
Scattering at sea (unwitnessed) $ 197.02
Direct Cremation
This charge is for the cremation process wherein no services, ceremonies, or viewings will be held for the decedent. Also included is a minimum cremation container that meets crematory requirements. This charge does not include scattering at sea or other disposition of the cremated remains.
$ 1,600.25
Immediate Burial
This charge is for the immediate burial at the Woodlawn Cemetery or other cemetery within 30 miles of Woodlawn Cemetery wherein no services, ceremonies, or viewings will be held for the decedent. This charge does not include the price of a casket.
$ 3,042.18
V - 6
*Please note that the changes for this exhibit are noted in Appendix 2.
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Packet Pg. 574 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 701 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Exhibit V - Public Works: Cemetery
Service Effective
7-1-22
Forwarding Remains to another funeral home.
This charge includes basic services of funeral director and staff, a proportionate share of overhead costs, transfer of remains to Woodlawn, securing and filing necessary certificates and permits, embalming or other preparation of remains, and delivery to Los Angeles International Airport (The permit, combo shipping unit or air
tray, additional services and casket are not included). $ 2,900.05
Receiving remains from another funeral home.
This charge includes basic services of funeral director and staff, a proportionate share of overhead costs, transfer of remains to Woodlawn, securing and filing necessary certificates and permits. (Additional services, casket, and other merchandise not included). $ 2,313.12
Infant Burial - Includes Non-Viewing Graveside Ceremony, basic services of funeral director and staff, transfer of remains to mortuary, embalming or refrigeration, dressing, cosmetics, and casketing, use of staff and/or equipment for graveside ceremony
(on-site).
$ 1,521.09
CEMETERY MISCELLANEOUS SERVICE CHARGES
Temporary Marker Placement $ 91.10
Oversized marker/Upright Monument Removal Fee $ 278.04
Witness Marker Installation $ 139.02
Chapel Fee $ 620.57
MORTUARY CHARGES
Refrigeration of remains (beyond 21 days, charged an additional $22.54 per day)
$ 22.54
V - 7
*Please note that the changes for this exhibit are noted in Appendix 2.
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Packet Pg. 575 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 702 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Exhibit W - Public Works: Airport
Service FY 2022-23
Fee Comments
Tie-Downs
Single-engine Space1 $123.67 Monthly
Multi-engine Space below 12,500 lbs.1 $185.52 Monthly
Transient Tie-Downs
Single-engine Space below 12,500 lbs. $19.35 Nightly
Multi-engine Space below 12,500 lbs. $38.71 Nightly
Multi-engine Space: Aircraft over 12,500 lbs.
$38.71
Plus $1.00 per one thousand
pounds over $12,500
Overnight Vehicular Parking (nightly) $12.89 Nightly
Overnight Vehicular Parking (monthly) $129.07 Monthly
Hangars (Land Value)
Light Aircraft Covers and 22T Hangar1 $3.63 Annually-per square foot Various Fees
Fuel Flowage Fee-Jet A Fuel (dispensed at SM Airport)2
$0.11 Gallon
Fuel Flowage Fee-AVGas Fuel (dispensed at SM
Airport)2 $0.11 Gallon
Airport Event Permit $614.54
Airport Billable Services Actual Cost Hourly
1 Charges are not subject to annual cost of living adjustment but may increase annually subject to lease agreements and/or periodic appraisals.
2 Fees are not subject to annual administrative revisions and increases, adjusted periodically based on appraisals.
W - 1
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Packet Pg. 576 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 703 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) EXHIBIT X: Community Development - Office of Pier Management Number of Guests **35% Discount
1-99 $163
100-199 $228
200-299 $260
300-350 $293
East Deck – Half $42
East Deck – Full $65
Number of Guests
Up to 30
Up to 60
Up to 90 (expand area)
Additional half-hour
Rental per
Hour
$400
$300
Fee
$3
NOTES:
****Discount given to nonprofit and student groups. Only nonprofit groups with documented tax-exempt status shall be eligible for discount.
$100 $80
$1,000
Number of Guests Rental per Hour
1-99 $600
Semi-Private Event
Number of Guests Rental per Hour ***25% Discount
1-99 $75 $56
In addition to facility rental fee, a film permit is required. Carousel Operators must be hired at additional charge.
Santa Monica Pier Carousel Rental Rate Schedule FY2022-23 Private Events Held After Regular Operating Hours
Rental per Hour *20% Discount
$250 $200
$350 $280
$550
$25
Private Events Held During Regular Operating Hours
$400 $320
$450 $360
$65 $52
200-299 $900
300-350
100-199 $800
Pier Carousel
* Discount given to midweek and off-season parties.
** Discount given to midweek alcohol-free parties hosted by nonprofit groups. Only nonprofit groups with documented tax-exempt status shall be eligible for discount.
Description
Santa Monica Pier Carousel - Public Ride Fee (children 3 years of age and younger ride free with ticketed adult)
$250
$350
100-199 $100 $75
200-299 $125 $94
Rental Fees as of 7-1-22 - Per Resolution No. _____________ (CCS), fees in this exhibit are not subject to the annual administrative revision and increase.
Children's Party Specials (Semi-Private)
Flat Rate (three hours)
$5 per additional person
$5 per additional person
****35% Discount
$260
$195
Type
Commercial Film
Commercial Stills
Filming
*** Discount given to nonprofit groups and to mid-week parties. Only nonprofit groups with documented tax-exempt status shall be eligible for discount.
Carousel X - 1
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Packet Pg. 577 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 704 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) EXHIBIT Y - City Manager's Office: City TV
Rental/Equipment Use Hourly Rate
07/01/22 Area of Expertise Fee Effective
07/01/22
Permanent Staff
Truck Rental* $ 100.00 Producer $ 174.52
Studio Rental (inc. lighting)* $ 80.00 Production Engineer $ 174.52 Graphics* $ 50.00 Director $ 174.52
Green Screen* $ 50.00
Teleprompter* $ 50.00
Camera* $ 40.00 Field Producer $ 63.17
Jib* $ 30.00 Lighting Technician $ 48.10
Audio Mixer* $ 25.00 Production Technician $ 34.47
Video Switcher* $ 20.00 Audio Operator $ 29.22
City Staffing Varies1 Video Editor $ 29.22
Stage Manager $ 29.22
OTHER: Technical Director $ 29.22
1. Master DVD* $ 34.08 Camera Operator $ 29.22
2. Up to 9 additional DVD copies* $ 1.50 Graphics Operator $ 29.22
Administration Fee $ 161.52 Teleprompter Operator $ 29.22 Production Assistant $ 29.22
Video Intern $ 23.74
*Fees are not subject to the City's established annual administrative revision and increase.
NOTES:
CITY OF SANTA MONICA - CITYTV PRODUCTION SERVICES
PROPOSED FEE SCHEDULE, FY 2022-23
1. Staffing costs vary based on position and number of staff assigned. The staff assigned is dependent upon the type of services provided, type of equipment used, and staff availability. Only City staff may use City equipment.
2. A $166.53 flat rate Administration Fee will be charged for administrative services associated with each production, to be raised by the annual administrative increase.
3. Hourly rates for as-needed positions include benefits. Hourly rates for permanent positions are base salary only and do not include benefits, but are to be increased by COLA each July 1st.
9. Services provided by contractors will be charged based on the contracted rate, i.e.: Script Writer, Make-Up Artist, Advanced Motion Graphics Designer, Advanced Video Editing, On-Air Talent, Production Companies.
10. Charges for use of City TV services, equipment or facilities not listed shall be determined by the City Manager. Rates shall be based on the costs incurred in providing the services and facility or equipment costs shall be based on market conditions.
11. All non-City productions handled by CityTV must coincide with the mission of the Office of Communications, support the City's goals and objectives, and fit within the Division's workplan and budget.
As-Needed Staff*
4. The following costs will be waived, but tracked for reporting purposes for City Divisions, government entities, SMMUSD, SMC, and Santa Monica based non-profit organizations: City Equipment and Studio Costs, Administrative Fee, Producer Time.
5. Staffing costs will be waived for general fund City Department productions. Staffing costs for SMMUSD School Board meetings and Santa Monica based non-profit youth organizations with be discounted by 25%. Listed staffing costs apply to other non-City organizations and City enterprise funds. Overtime is charged at time and one half.
6. Studio Rental includes lighting, use of green room, and use of two small parking spaces.
7. Costs for DVDs will be waived for City Departments, but tracked for reporting purposes.
8. Direct costs for rental and delivery of non-City equipment, if any, will be charged, i.e. scaffolding.
Y - 1
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Packet Pg. 578 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 705 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT F
1 City Council Meeting: June 28, 2022 Santa Monica, California RESOLUTION NUMBER ____ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SETTING FORTH THE ADMINISTRATIVE CITATION SCHEDULE OF FINES FOR
CERTAIN VIOLATIONS OF THE SANTA MONICA MUNICIPAL CODE, SETTING
CIVIL PENALTIES FOR PARKING VIOLATIONS AND FOR THE LATE PAYMENT OF
PENALTIES, SETTING FINES FOR POLICE AND FIRE DEPARTMENT RESPONSES
TO EXCESSIVE FALSE ALARMS, AND SETTING FINES FOR THE
SANTA MONICA PUBLIC LIBRARY
WHEREAS, Chapter 1.09 of the Santa Monica Municipal Code authorizes the imposition of fines for certain code violations through the issuance of administrative citations; and
WHEREAS, Section 1.09.040 states that the amount of fines for code violations imposed pursuant to Chapter 1.09 shall be set forth in a schedule of fines established by resolution of the City Council and that the fine schedule shall specify any increased fines for repeat violations of the same code provision by the same person within thirty-six (36) months from the date of an administrative citation and specify the amount of any late payment charges imposed for the payment of a fine after thirty (30) days from the date of issuance of the administrative citation; and
WHEREAS, effective code enforcement is vital to effectuating the City’s commitment to protecting its residents’, businesses’ and visitors’ health, safety, welfare, and quality of life; and
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Packet Pg. 579 Attachment: Master Fines Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 706 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT F
2 WHEREAS, the California Vehicle Code and Chapter 3.02 of the Santa Monica Municipal Code authorize the City to establish by resolution a schedule of parking penalties for parking violations and for the late payment of such penalties; and WHEREAS, California law provides that such parking penalties are civil in nature and subject to administrative enforcement; and
WHEREAS, false alarms endanger public safety by diverting precious police resources and hampering response efforts to actual emergencies; and WHEREAS, Chapter 3.56 of the Santa Monica Municipal Code authorizes the imposition of a police false alarm response fine established by resolution of the City Council; and
WHEREAS, responses to false fire alarms negatively impact the overall safety of the community by diverting Fire Department resources from actual emergencies; and WHEREAS, Section 8.44.150 of the Santa Monica Municipal Code authorizes the imposition of a false fire alarm response fine to recover the Fire Department’s costs in responding to repetitive false alarms and provides that such fine shall be set by resolution of the City Council; and
WHEREAS, library fines ensure that library materials and equipment are returned so that libraries can serve their primary purpose; and
WHEREAS, the Santa Monica Pier (“Pier”) is a wooden structure with limited entrances and exits; and
WHEREAS, the use of combustible fuels of any type on or near the Pier poses a risk to public safety; and
WHEREAS, to protect the health and safety of the public on the Pier, Santa
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Packet Pg. 580 Attachment: Master Fines Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 707 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT F
3 Monica Municipal Code section 3.36.290 prohibits the use and possession of combustible fuels on or near the Pier without a permit; and WHEREAS, Chapter 6.40 of the Santa Monica Municipal Code establishes an Outdoor Pilot Program that authorizes outdoor dining and other business activities in designated outdoor areas; and
WHEREAS, on July 29, 2021, the City established administrative regulations relating to the Outdoor Pilot Program pursuant to Santa Monica Municipal Code section
6.40.040; and
WHEREAS, Santa Monica Municipal Code section 6.40.080 authorizes fines up to $250 for violating the Outdoor Pilot Program administrative regulations; and WHEREAS, increasing the fines for violating the Outdoor Pilot Program administrative regulations will deter noncompliance; and WHEREAS, most recently, on February 8, 2022, the City Council adopted Resolution Number 11401 (CCS) (“Resolution 11401”), which updated the consolidated master fine schedule to eliminate certain overdue fines for adult cardholders and to establish new non-standard fines for violations of the Second Shared Mobility Pilot Program Administrative Regulations; and
WHEREAS, the City now desires to amend and restate its consolidated master fine schedule to establish a new non-standard fine for violating the combustible fuel prohibitions in Santa Monica Municipal Code section 3.36.290, to establish a new nonstandard fine for violating the Outdoor Pilot Program administrative regulations issued pursuant to Santa Monica Municipal Code section 6.40.040; and to reflect changes in the California Fire Code.
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Packet Pg. 581 Attachment: Master Fines Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 708 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT F
4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. STANDARD FINE: Except as otherwise specifically set forth below in Section 4, the administrative citation fine amount imposed pursuant to Chapter 1.09 to the Municipal Code (“administrative citation fine amount”), for a first violation of the Santa Monica Municipal Code by a person shall be Seventy-Five Dollars ($75.00).
SECTION 2. REPEAT VIOLATIONS: The administrative citation fine amount for a second violation of the same Municipal Code provision by the same responsible party within thirty-six (36) months from the date of an administrative citation shall equal one hundred twenty-five percent (125%) of the fine amount listed in this Resolution for a first violation of that Municipal Code section at the time of the second violation. The administrative citation fine amount for a third and any subsequent violation of the same Municipal Code provision by the same responsible party within thirty-six (36) months from the date of an administrative citation shall equal one hundred fifty percent (150%) of the fine amount listed in this Resolution for a first violation of that Municipal Code section at the time of the third, or as applicable, subsequent violation.
SECTION 3. LATE PAYMENT CHARGES: Payment of the administrative citation fine amount after thirty (30) days from the date of the administrative citation shall be subject to an additional late payment charge. The late payment charge shall equal ten percent (10%) of the administrative citation fine amount due to the City, or ten percent (10%) of the amount remaining unpaid to the City if a portion of the fine amount was timely paid. Late payment charges shall be in addition to the amount of the administrative
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Packet Pg. 582 Attachment: Master Fines Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 709 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT F
5 citation fine amount. In addition, interest shall accrue on all unpaid monies due, exclusive of late payment charges, at the rate of one half of one percent per month of the total amount due from the date the administrative citation fine amount becomes delinquent until the date that all delinquent amounts are paid to the City.
SECTION 4. NON-STANDARD FINES: The specific administrative citation fine amounts applicable to first violations of each associated Santa Monica Municipal Code section or its successor legislation, or rule or regulation, are hereby established as set forth in the attached Exhibits 1 and 2 for any first violation.
SECTION 5. The Schedule of Civil Penalties for Parking Violations and for Late Payments are hereby established as set forth in the attached Exhibit 3.
SECTION 6. The penalties listed in Exhibit 3 for a Santa Monica Municipal Code or California Vehicle Code section shall apply to all unlisted subsections, prohibiting the same violations.
SECTION 7. The fines for the second, third and fourth Police Department responses to a false alarm within the same fiscal year are hereby established as set forth in the attached Exhibit 4.
SECTION 8. A false fire alarm response fine for the third and subsequent response by the Fire Department to a false alarm at the same location during a fiscal year for purposes of recovering costs associated with resources and services provided by the Santa Monica Fire Department in connection with responses to excessive false fire alarms is hereby established as set forth in the attached Exhibit 4.
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Packet Pg. 583 Attachment: Master Fines Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 710 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT F
6 SECTION 9. Library fines are hereby established as set forth in the attached Exhibit 5.
SECTION 10. All fines established by this Resolution shall become effective July 1, 2022.
SECTION 11. Resolution 11401 is hereby repealed in its entirety.
SECTION 12. If there are any conflicts between the fines adopted in this Resolution and the fines adopted in any prior Resolution or schedule, the fines adopted pursuant to this Resolution shall control.
SECTION 13. The City Clerk shall certify to the adoption of this Resolution, and the same shall be in full force and effect.
APPROVED AS TO FORM:
_______________________
DOUGLAS T. SLOAN
City Attorney
Exhibit 1: Administrative Citation Fine Schedule
Exhibit 2: Administrative Citation Schedule of Fines for Violations of Taxicab Rules and Regulations
Exhibit 3: Schedule of Civil Penalties for Parking Violations and for Late Payments Exhibit 4: False Alarm Fine Schedule
Exhibit 5: Library Fine Schedule
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Packet Pg. 584 Attachment: Master Fines Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 711 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Code Section Violation Description(s) Fine
SMMC 3.21.040 (a) Dockless mobility prohibited activities - Operate, install, or make available for rent unauthorized dockless mobility devices without Shared Mobility Device Operator Permit $500 SMMC 3.21.040(b) Dockless mobility prohibited activities - Operate, install, or make available for rent unauthorized dockless mobility devices in excess of Shared Mobility Device Operator Permit $500 SMMC 3.22.025, 3.22.110 Shared Mobility Class A - One time default fine no escalation $75 SMMC 3.22.025, 3.22.110 Shared Mobility Class B - One time no escalation $100 SMMC 3.22.025, 3.22.110 Shared Mobility Class C - Repeat violation escalation - 1st Violation $100 SMMC 3.22.025, 3.22.110 Shared Mobility Class C - Repeat violation escalation - 2nd Violation $250 SMMC 3.22.025, 3.22.110 Shared Mobility Class C - Repeat violation escalation - 3rd Violation $500 SMMC 3.22.025, 3.22.110 Shared Mobility Class D - One time no escalation $250 SMMC 3.22.025, 3.22.110 Shared Mobility Class E - One time no escalation $500 SMMC 3.22.025, 3.22.110 Shared Mobility Class F - Repeat violation escalation - 1st Violation $500 SMMC 3.22.025, 3.22.110 Shared Mobility Class F - Repeat violation escalation - 2nd Violation $750 SMMC 3.22.025, 3.22.110 Shared Mobility Class F - Repeat violation escalation - 3rd Violation $1,000 SMMC 3.22.025, 3.22.110 Shared Mobility Class G - Repeat violation escalation - 1st Violation $0 SMMC 3.22.025, 3.22.110 Shared Mobility Class G - Repeat violation escalation - 2nd Violation $0 SMMC 3.22.025, 3.22.110 Shared Mobility Class G - Repeat violation escalation - 3rd Violation $500 SMMC 3.36.290 Prohibition on use or possession of combustible fuels in and around pier $500 SMMC 4.04.070 Permit required to keep certain animals $500 SMMC 4.04.080 Restrictions on keeping horses, mules, burros, or jacks $100 SMMC 4.04.090 Fowls, maximum number permitted $100
SMMC 4.04.100 Permit required to keep hogs, bulls, or billy goats $100 SMMC 4.04.110 Restrictions on keeping cow or goats $100 SMMC 4.04.120 Staking certain unfenced animals prohibited $100 SMMC 4.04.130 Keeping bees prohibited $100
SMMC 4.04.140 Conditional permit requirements for certain animals $100 SMMC 4.04.150 Animals at-large $100
SMMC 4.04.160 Dogs prohibited on schools, beaches and parks $100 SMMC 4.04.170 Licensing of dogs required $100
SMMC 4.04.200 Dog kennels, business license required $500 SMMC 4.04.210 Non-residents, dog license requirements $100 SMMC 4.04.230 Found animals, duty to surrender $100
SMMC 4.04.270 Sufficient sustenance and shelter required $150 SMMC 4.04.290 Quarantined animal, containment required $1,000 SMMC 4.04.300 Dogs, rabies vaccine required $250
SMMC 4.04.330 Veterinarians, duties of persons vaccinating dogs $250 SMMC 4.04.340 Dogs, rabies tag required $100
SMMC 4.04.350 Imported dogs, regulations $100
F&AG 30503 Impounded dogs, unspayed/unneutered (pass through to State) $40 SMMC 4.04.360 Impounded dogs, proof of rabies required $100 SMMC 4.04.370 Dogs, public nuisance/fecal matter $100
SMMC 4.04.385 Dogs in public, duty of person to possess clean-up materials $100 SMMC 4.04.410 Vicious dogs, restrictions $1,000
SMMC 4.08.270 Restrictions on leaf blower operation $500 SMMC 4.12.060 Exterior Noise Standards $500
SMMC 4.12.070 Excessive Vibration $500
SMMC 4.12.090 Noisy Animals $250
SMMC 4.12.100 Public parks, beaches or recreational facilities restrictions $250 SMMC 4.12.110 Demolition, excavation, grading, spray painting, construction, maintenance or repair of building activity-hours & noise limits $500
SMMC 4.12.120 Failure to Post Construction Hours Sign $250 SMMC 4.12.150 Business Support Operations $250
SMMC 4.12.160 Interference with Enforcement $500
SMMC 4.12.180 Gardening/Landscaping Activities-Hours of Operation $250 SMMC 4.27.010 Disruption of housing services $500
SMMC 4.27.030 Tenant Evictions for Owner Occupancy $1,000 SMMC 4.27.040 Occupancy Permits $1,000
SMMC 4.36.100 Temporary Relocation Assistance $250
SMMC 4.44.010 Smoking in Elevator or Public Restroom $500 SMMC 4.44.020 Smoking in public places, work places, and restaurants $500 SMMC 4.44.030 Sale of tobacco by vending machine or out of package $750 SMMC 4.56.020 Prohibition - Tenant Harassment $1,000
SMMC 4.56.050 Buyout Offers and Agreements - Tenant Harassment $1,000 SMMC 4.62.015 (a-e) Minimum Wage Payment $500
SMMC 4.62.015 (f) Minimum Wage Bulletin $100
SMMC 4.62.015 (g) Minimum Wage Record Keeping $500
SMMC 4.62.025 Paid Sick Leave $500
Exhibit 1 - Administrative Citation Fine Schedule
Administrative Citation Fines F1 - 1
ATTACHMENT F
12.A.f
Packet Pg. 585 Attachment: Master Fines Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
5.L.c
Packet Pg. 712 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Code Section Violation Description(s) Fine
SMMC 4.62.040 Service Charges $500
SMMC 4.62.060 Unlawful Practices $500
SMMC 4.62.070 Retaliation $1,000
SMMC 4.62.100 Compliance with Enforcement $1,000
SMMC 4.63.015 Hotel Worker Minimum Wage Payment $500
SMMC 4.63.025 Paid Sick Leave $500
SMMC 4.63.040 Service Charges $500
SMMC 4.63.060 Unlawful Practices $500
SMMC 4.63.070 Retaliation $1,000
SMMC 4.63.100 Compliance with Enforcement $1,000
SMMC 4.68.040 Failure to Obtain Community Events Permit $250 SMMC 5.04.240 Dogs, Cats or Animals in Eating Places $100 SMMC 5.08.060 Unapproved Use of Privy (Port-a-potty) $100 SMMC 5.08.070 Failure to Clean Adjacent Sidewalk $250
SMMC 5.08.080 Failure to Maintain Clean Premises $500
SMMC 5.08.090 Failure to Properly Store Fertilizer $100 SMMC 5.08.100 Excessive manure/fertilizer as defined Near Residential $250 SMMC 5.08.110 Offensive Substance on Public Property $500 SMMC 5.08.140 Removal/Destruction of Building Officer's Posted Notice $500 SMMC 5.08.170 Unauthorized Refuse Containers in the Public Way $250 SMMC 5.08.330 Obstruction of Water Meter/Gate Valves $250 SMMC 5.08.340 Unauthorized Private Dumping Ground $500
SMMC 5.08.370 Failure to Comply with County Health Department Standards $500 SMMC 5.08.380 Refuse Collection During Prohibited Hours $250 SMMC 5.20.040 Prohibited Discharge Standards $1,000
SMMC 5.20.050 Specific Pollutant Limitations $1,000
SMMC 5.20.070 Pretreatment Facilities $1,000
SMMC 5.20.080 Additional Pretreatment Measures $1,000
SMMC 5.20.090 Spill Prevention Plans $1,000
SMMC 5.20.100 Good Housekeeping Provision $1,000
SMMC 5.20.110 Requirements for Restaurants and other Commercial Cooking $1,000 SMMC 5.20.310 Periodic Compliance Reports $1,000
SMMC 5.20.320 Report of Changed Conditions $1,000
SMMC 5.20.330 Reports of Potential Problems/Slug control Plans $1,000 SMMC 5.20.370 Monitoring and Sampling Pre-notification $1,000 SMMC 5.20.390 Sample Collection $1,000
SMMC 5.20.400 Analytical Requirements $1,000
SMMC 5.20.420 Falsifying Information $1,000
SMMC 5.20.430 Inspection and Sampling $1,000
SMMC 5.20.440 Monitoring Facilities $1,000
SMMC 6.04.020 Operating Business without Proper City License $500 SMMC 6.04.270 Failure to Post Business License $250
SMMC 6.14.060 Service Business Activities Requiring Police Permits $500 SMMC 6.28.030 Newsrack-Operating and Maintenance Requirements $250 SMMC 6.28.030 Newsrack Without Permit $500
SMMC 6.28.040 Newsrack-Maintenance and Installation Standards $250 SMMC 6.28.050 Newsrack-Standards for Materials Sold $500 SMMC 6.32.070 Soliciting Trade on Sidewalk $500
SMMC 6.46.020 Failure to Obtain Permit for Liquidation Sale $500 SMMC 6.46.100 Liquidation Sale-Failure to Post Permit $250 SMMC 6.48.030 Vehicle for Hire-Business license required $500 SMMC 6.48.040 Vehicle for Hire–Compulsory Insurance Coverage $1,000 SMMC 6.48.050 Vehicle for Hire–Driving of Vehicles $250 SMMC 6.48.060 Vehicle for Hire-Direct Route $500
SMMC 6.48.065 Vehicle for Hire - Compensation for Access to Passengers $500 SMMC 6.49.040 Taxicab Franchise - Suspension or Revocation $1,000 SMMC 6.49.060(a) Taxicab Franchise Fees - Annual Franchise Fee $1,000 SMMC 6.49.060(b) Taxicab Franchise Fees - Annual Taxicab Vehicle Permit Fee $1,000 SMMC 6.49.060(c) Taxicab Franchise Fees - Annual Taxicab Driver's Permit Fee $1,000 SMMC 6.49.070 Taxicab Franchise - Signage $500
SMMC 6.49.080 Taxicabs -Taxicabs Identification Decal Required $5,000 SMMC 6.49.090 Taximeters and Rates $250
SMMC 6.49.100 Parking of Vehicles - Stands $250
SMMC 6.49.110 Taxicab Identification and Vehicle Operating Requirements $500 SMMC 6.49.120 Taxicabs-Full Use of Taxicab $500
SMMC 6.49.130 Access to passengers on business establishment premises; exclusive arrangements limited $500 SMMC 6.49.140(a) Unauthorized taxicab services prohibited; exception $5,000 SMMC 6.49.140(c)-(e) Unauthorized taxicab services prohibited; exception $1,000 SMMC 6.49.150 Rules and regulations $1,000
SMMC 6.116.040 Unauthorized Display on Municipal Pier $250 Administrative Citation Fines F1 - 2
ATTACHMENT F
12.A.f
Packet Pg. 586 Attachment: Master Fines Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 713 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Code Section Violation Description(s) Fine
SMMC 6.120.030 Valet Parking without Permit $500
SMMC 6.120.060 Valet Parking-Operating Requirements $250 SMMC 6.120.070 Valet Parking- Penalties $250
SMMC 6.120.090 Valet Parking: Insurance Requirements $250 SMMC 6.120.110 Valet Parking-Regulations $250
SMMC 6.120.120 Authorized Valet Parking Zones $250
SMMC 6.120.130 Valet Parking: Conformance with Applicable Laws $250 SMMC 6.120.140 Valet Parking-Conditions Imposed on Permit $250 SMMC 6.120.150 Valet Parking-Requirements for Downtown Valets $250 SMMC 6.20.030 Advertising, Facilitating, or Operating a Vacation Rental $1,000 SMMC 6.200.030 Failure to comply with commercial cannabis administrative regulations $1,000 SMMC 6.200.040 Failure to comply with commercial cannabis permit conditions $1,000 SMMC 6.200.060 Insurance requirements $1,000
SMMC 6.200.070 Conformance with applicable laws $1,000
SMMC 6.201.010 Permit Required (Retail) $1,000
SMMC 6.202.010 Permit Required (Light Manufacturing) $1,000 SMMC 6.203.010 Nonmedicinal Cannabis Uses Prohibited $1,000 SMMC 6.22.040 Failure to Comply with Residential Leasing Requirements $1,000 SMMC 6.22.050 Failure to Comply with Residential Leasing Requirements $1,000 SMMC 6.22.060 Failure to Comply with Residential Leasing Requirements $1,000 SMMC 6.22.070 Failure to Comply with Residential Leasing Requirements $1,000 SMMC 6.22.080 Failure to Comply with Residential Leasing Requirements $1,000 SMMC 6.22.090 Failure to Comply with Residential Leasing Requirements $1,000 SMMC 6.36.030 Vendor Permit Required: First Violation $250 SMMC 6.36.030 Vendor Permit Required: Second Violation within one year of the first violation. $500 SMMC 6.36.030 Vendor Permit Required: Each additional violation within one year of the first violation. $1,000 SMMC 6.36.040 Restricted Vending Time and Locations - First Violation $100 SMMC 6.36.040 Restricted Vending Time and Locations - Second Violation $200 SMMC 6.36.040 Restricted Vending Time and Locations - Each Additional Violation (after first and second violations) $500
SMMC 6.36.050 Vending Requirements and Prohibitions - First Violation $100 SMMC 6.36.050 Vending Requirements and Prohibitions - Second Violation $200 SMMC 6.36.050 Vending Requirements and Prohibitions - Each Additional Violation (after first and second violations) $500
SMMC 6.36.110 Failure to comply with sidewalk vending regulations - First Violation $100 SMMC 6.36.110 Failure to comply with sidewalk vending regulations - Second Violation $200 SMMC 6.36.110 Failure to comply with sidewalk vending regulations - Third Violation $500 SMMC 6.36.110 Failure to comply with vehicle vending regulations - First Violation $250 SMMC 6.40.040 Failure to Comply with Outdoor Pilot Program Administrative Regulations $250 SMMC 7.04.210 Regulations for Resurfacing Work in Public Way $250 SMMC 7.04.230 Excavation in Public Way-Vehicle Crossing $250 SMMC 7.04.240 Excavation in the Public Way-Per Plat/Application $250 SMMC 7.04.240 Excavation in the Public Way-Due Diligence $500 SMMC 7.04.490 Connection of Sewer Without Permit $500
SMMC 7.04.650 Sewage from Vehicle into Sewer System Without Permit $500 SMMC 7.04.670 Materials/Equipment in Public Way Without Permit $500 SMMC 7.04.700 Revocation of Permits-Work to Cease $1,000 SMMC 7.04.710 Failure to Remove Materials/Equipment in Public Way $500 SMMC 7.04.720 Illumination of Building Materials Stored in Public Way $250 SMMC 7.04.730 Regulations for Building Material Deposits and Cranes $250 SMMC 7.04.740 Mixing/Storing Cementitious Materials On/Near Street $250 SMMC 7.04.750 Failure to Post Street Use Permit $250
SMMC 7.04.760 Construction Debris in Public Way $500
SMMC 7.06.050 Permit Required - Work in the Public Right-of Way $500 SMMC 7.06.330 Excavation Requirements $500
SMMC 7.06.340 Construction Requirements $250
SMMC 7.10.080 Urban Runoff Pollution Control Practices-All Properties $500 SMMC 7.10.090 Urban Runoff Reduction Requirements $500
SMMC 7.10.100 Urban Runoff Requirements for Construction Sites $500 SMMC 7.12.060 Temporary Water Service Without Permit. $500 SMMC 7.12.090 Additional Best Management Practices $500 SMMC 7.12.350 Unauthorized Use of City Water $500
SMMC 7.16.020 Excessive Water Use $250
SMMC 7.18.090 Violation of Plumbing Code Standards $500 SMMC 7.36.020 Moving Building/Structure on City Street Without Permit $500 SMMC 7.40.110 Planting of Tree in Parkway Without Permit $300 SMMC 7.40.110 Trim or Prune City Tree without Permit $500 SMMC 7.40.110 Injure/Interfere With City Tree-No Replacement Required $500 SMMC 7.40.110 Removal of City Tree without Permit $1,000 SMMC 7.40.110 Injure/Interfere With City Tree-Replacement Required $1,000 SMMC 7.40.130 Interference with City Tree Administration $500 Administrative Citation Fines F1 - 3
ATTACHMENT F
12.A.f
Packet Pg. 587 Attachment: Master Fines Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 714 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Code Section Violation Description(s) Fine
SMMC 7.40.140 Intentional Damage to City Tree $1,000
SMMC 7.40.150 Unauthorized Attachment to City Tree $100 SMMC 7.40.160 Protection of Trees During Construction/Demolition $500 SMMC 7.44.020 Maintain Premises Free of Weeds $250
SMMC 7.48.020 Litter in Public Places $250
SMMC 7.48.040 Sweeping litter into gutters $250
SMMC 7.48.050 Property Owner to Keep Adjacent Public Way Free of Litter $250 SMMC 7.48.060 Litter on Private Property $250
SMMC 7.48.070 Owner to Maintain Premises Free of Litter $250 SMMC 8.04.010 Failure to Maintain-Technical Codes $500
SMMC 8.08.030 Continuing Use after Order to Discontinue Use $1,000 SMMC 8.08.050 Construction Work Without Permit $500
SMMC 8.08.070 Construction Work with Expired Permit $500 SMMC 8.08.110 Installation of Work from Unapproved Fabricator $500 SMMC 8.08.130 Occupancy Prior to Issuance of Certificate of Occupancy/ Final Inspection Approval $500 SMMC 8.08.160 Connection to Utilities Without Approval $500 SMMC 8.08.160 Reconnecting Utilities after Order to Disconnect $1,000 SMMC 8.08.170 Sandblasting Regulations-General $500
SMMC 8.08.170 Sandblasting-Failure to Give Three (3) Day Notice $750 SMMC 8.08.190 Violation of Temporary Trailer Regulations $500 SMMC 8.12.090 Failure to Provide Special Inspection as Required $1,000 SMMC 8.12.090 Failure to Provide Structural Observation as Required $1,000 SMMC 8.12.150 Maintaining Pool/Spa/Fountain Water Clarity $250 SMMC 8.40.020 Fireworks Prohibited $1,000
SMMC 8.44.050 Automatic Fire Sprinklers Required $500
SMMC 8.08.200 Failure to Brace Water Heater $500
SMMC 8.96.030 Responsibility for Maintenance-Public Nuisances $1,000 SMMC 8.100.010 Construction Means and Methods Plan Required $500 SMMC 8.100.060 Compliance with Means and Methods Plan $500 SMMC 8.100.040 Failure to Provide Construction Notice to Residential Tenant $500 SMMC 8.108.100 Landscape and Irrigation Requirements $250 SMMC 9.21.050 Over Height Hedge wall or fence, Encroaching hedges $250 SMMC 9.21.180 Hazardous Visual Obstructions $500
SMMC 9.21.130 Refuse and Recycling Storage Areas $250
SMMC 9.21.080 Outdoor Commercial Lighting Standards $250 SMMC 9.21.080 Glare Beyond Property $250
SMMC 9.21.100 Storage in Required Front/Side Yard or Vacant Lot $500 SMMC 9.27.080 Illegal Nonconforming Occupancy/Use $1,000 SMMC 9.28.030 Maintain Use of Required Off-street Parking Space $250 SMMC 9.28.080 Maintain Existing Loading Space $250
SMMC 9.28.120 Storage in Parking Space $250
SMMC 9.28.120 Marking of Parking Spaces $250
SMMC 9.28.120 Wheel Stops $250
SMMC 9.28.140 Number of Bicycle Spaces Required $250
SMMC 9.28.150 Number of Vanpool, Carpool Spaces Required $250 SMMC 9.29.040 Residential Building Record-Failure to Deliver to Buyer $500 SMMC 9.31.060 Auto Repair-Open Door for Noise/Body& Fender $500 SMMC 9.31.060 Auto Repair-Outdoor Repair Work $1,000
SMMC 9.31.060 Auto Repair-Operating Hours $1,000
SMMC 9.31.060 Auto Repair- Litter $500
SMMC 9.31.060 Auto Repair-Sound $250
SMMC 9.31.060 Auto Repair-Onsite Storage of Vehicles Awaiting Repair $500 SMMC 9.31.060 Auto Repair-Test Driving on Unapproved Streets $500 SMMC 9.31.060 Auto Repair-Vehicles Awaiting Repair $500 SMMC 9.31.060 Auto Dealership-Vehicles Awaiting Repair in Street/Alley $500 SMMC 9.31.070 Auto Dealership-Parking and Vehicle Storage $250 SMMC 9.31.070 Auto Dealership-Failure to Control Noise $250 SMMC 9.31.070 Auto Dealership-Test Driving on Unapproved Streets $500 SMMC 9.31.070 Auto Dealership-Loading And Unloading of Vehicles $1,000 SMMC 9.31.070 Auto Dealership-Hours of Operation Near Residential District $1,000 SMMC 9.31.070 Auto Rental- Parking and Vehicle Storage $250 SMMC 9.31.070 Auto Rental-Failure to Control Noise $250 SMMC 9.31.070 Auto Rental-Loading and Unloading Vehicles $1,000 SMMC 9.31.070 Auto Dealership-Vehicles Awaiting Repair $500 SMMC 9.31.070 Automobile Rental-Failure to Control Noise $250 SMMC 9.31.070 Automobile Rental-Loading and Unloading Vehicles $1,000 SMMC 9.31.080 Auto Wash-Vehicles in Public Way $500
SMMC 9.31.080 Auto Wash-Hours of Operation Near Residential $1,000 SMMC 9.31.150 Neighborhood Grocery Store-Delivery Hours $1,000 SMMC 9.31.185 Failure to comply with medical cannabis zoning regulations $1,000 SMMC 9.31.200 Unapproved sidewalk café in RVC district $500 Administrative Citation Fines F1 - 4
ATTACHMENT F
12.A.f
Packet Pg. 588 Attachment: Master Fines Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
5.L.c
Packet Pg. 715 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Code Section Violation Description(s) Fine
SMMC 9.31.200 Unapproved sidewalk café in BCD district $500 SMMC 9.31.200 Unapproved sidewalk café in BSC, BSC3, BSC4 district $500 SMMC 9.31.200 Unapproved sidewalk café in C2 district $500 SMMC 9.31.200 Unapproved sidewalk café in C3 district $500 SMMC 9.31.200 Unapproved sidewalk café in C3C district $500 SMMC 9.31.200 Unapproved sidewalk café in C4 district $500 SMMC 9.31.200 Unapproved sidewalk café in C6 district $500 SMMC 9.31.200 Unapproved sidewalk café in CM district $500 SMMC 9.31.200 Unapproved sidewalk cafe in CP district $500 SMMC 9.31.220 Unpermitted Outdoor Uses $500
SMMC 9.31.210 Outdoor Newsstands-Zoning Regulations $250 SMMC 9.31.250 Private Tennis Courts-Lighting $250
SMMC 9.31.280 Restaurant-Hours of Operation Near Residential $1,000 SMMC 9.31.310 Senior Group Housing-Lighting $250
SMMC 9.31.320 Service Station-Vehicle for Repair in Street/Alley $500 SMMC 9.31.340 Game Arcades Bicycle Racks $250
SMMC 9.31.360 Outdoor Antique Markets $250
SMMC 9.31.370 Excessive Yard Sales in the R-1 District $100 SMMC 9.31.370 Excessive Yard Sales in the R2R District $100 SMMC 9.31.370 Excessive Yard Sales in the R-2 District $100 SMMC 9.31.370 Excessive Yard Sales in the R-3 District $100 SMMC 9.31.370 Excessive Yard Sales in the R-4 District $100 SMMC 9.31.370 Excessive Yard Sales in the R-MH District $100 SMMC 9.31.370 Excessive Yard Sales in the OP-1 District $100 SMMC 9.31.370 Excessive Yard Sales in the OP-Duplex District $100 SMMC 9.31.370 Excessive Yard Sales in the OP-2 District $100 SMMC 9.31.370 Excessive Yard Sales in the OP-3 District $100 SMMC 9.31.370 Excessive Yard Sales in the OP-4 District $100 SMMC 9.31.370 Excessive Yard Sales in the R2B District $100 SMMC 9.31.370 Excessive Yard Sales in the R3R District $100 SMMC 9.48.010 Conditions of Approval for Permits/Approvals for Land Use $500 SMMC 9.53.070 Contents of Worksite Transportation Plans $5/employee/day SMMC 9.53.080 Submission of Emission Reduction Plans and Worksite Transportation Plans $5/employee/day SMMC 9.53.090 Employer Monitoring and Enforcement $5/employee/day SMMC 9.53.140 Developer Monitoring and Remedies for Violation $5/residential unit/day
and $5/employee
in the project/day
SMMC 9.61.180 Prohibited Signs $250
SMMC 9.61.230 Sign On Street, Alley or Public Place $250 SMMC 9.61.240 Failure to Remove Prohibited Nonconforming Sign $1,000 CFC 104.11.2 Obstructing Fire Department Operations $1,000 CFC 105.1.1 Permits(s) Required $250
CFC 105.3.3 Occupancy prohibited before approval $1,000 CFC 105.3.5 Posting Permit $125
CFC 105.4.6 One set of approved plans kept on the site of the building or work during which the work authorized is in progress. $125
CFC 105.6.16(5) Permit (remove fuel by means other than dispensing) $250 CFC 105.6.16(7) Permit (place temporarily out of service) $250 CFC 105.6.16(8) Permit (change contents of tank) $250
CFC 105.6.37 Permit Required to Operate a Place of Public Assembly $500 CFC 105.7.13 Hazardous materials construction permit $500 CFC 106.3 Work commencing before permit issuance $1,000 CFC 107.2.2 Work shall not be done beyond the point indicated without approval $500 CFC 108.1 Maintenance of safeguards $125
CFC 108.2 Testing and operation of equipment $125
CFC 108.3 Availability of test and inspection records to Fire Dept. $125 CFC 108.6 Overcrowding-Exceed Maximum Occupant Load $1,000 CFC 110.1 Unlawful Acts $500
CFC 110.3.2 Compliance with Orders and Notices $500
CFC 110.3.4 Removal/Destruction of Sign/Tag $250
CFC 111.1 Unsafe Building $500
CFC 111.1.1 Unsafe Conditions $500
CFC 111.2 Stopping Use, Evacuation $500
CFC 112.1 Stop Order $250
CFC 112.1 Stop Order-Failure to Comply $1,000
CFC 112.4 Continue to work after Stop Work Order $1,000 CFC 301.1 Clothes Dryer Free of Lint $250
CFC 303.2 Fire Protection for Asphalt Kettles $250
CFC 304.1 Combustible Waste Material Accumulation Creating a Fire Hazard $125 CFC 304.1.2 Combustible Vegetation $125
The following code sections are from the California Fire Code (CFC), Title 19 of the California Code of Regulation (T19) and the California Building Administrative Citation Fines F1 - 5
ATTACHMENT F
12.A.f
Packet Pg. 589 Attachment: Master Fines Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
5.L.c
Packet Pg. 716 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Code Section Violation Description(s) Fine
CFC 304.3 Location of Rubbish Dumpsters $125
CFC 305.1 Clearance from Ignition Sources $125
CFC 305.2 Hot Ashes and Spontaneous Ignition Sources $500 CFC 305.4 Deliberate or Negligent Burning $500
CFC 307.1 Prohibited Open Burning $500
CFC 308.1 Open/Illegal Burning $500
CFC 308.1.4 Charcoal burners and other open flame cooking devices shall not be operated on combustible balconies or within 10' of combustible storage $250
CFC 308.1.6.3 Sky Lanterns $500
CFC 308.1.8 Improper Use of Flaming Food/Beverage $250
CFC 308.2 Candles/Open flame Prohibited without permit $250 CFC 308.3.1 Improper Use of Candle/Open Flame $250
CFC 310.3 No Smoking Signs Posted and Enforced $75
CFC 311.1 Maintain Vacant Building/Property $1,000
CFC 311.2 Safeguarding Vacant Premises $500
CFC 311.3 Combustible/Hazardous Material in Vacant Building $1,000 CFC 315.3 Store Combustible Storage in Orderly Manner $125 CFC 315.3 Provide Clearance Of Heat Producing Appliances and Combustible Materials (keep area lint free) $125
CFC 315.3.1 Required Ceiling Clearance $125
CFC 315.3.2 Combustibles Stored in Exit $250
CFC 315.3.3 Combustible Material in Elec/Mech/Boiler Room $125 CFC 315.3.4 Storage Combustible Materials in Attic or Under floor $125 CFC 315.4 Storage Combustible Materials Outside of Building $125 CFC 401.3 Failure to Report Emergency $500
CFC 401.5 Report False Alarm $500
CFC 404.6 Egress Plan Posted $75
CFC 405.1 Emergency Plans/Fire Drills $125
CFC 405.2 Fire Drills Required $125
CFC 503.4 Obstruct Fire Access Road/Lane $125
CFC 504.1 Maintain Required Access to Building $250
CFC 504.2 Maintain Exterior Doors/Openings $250
CFC 505.1 Premises Identification Required $75
CFC 506.1 Provide Knox Box $75
CFC 506.2 Key Box Maintenance / Key Inventory $75
CFC 507.5.4 Obstruction of Hydrant/Fire Protection Equipment $250 CFC 509.1 Provide Identification Sign On Room/Door $125 CFC 509.1 Fire protection equipment shall be identified in an approved manner $125 CFC 509.2 Approved access shall be provided and maintained for all fire protection equipment $125 CFC 510.6 Emergency Responder Radio Coverage System Maintenance $500 CFC 603.4.2 Portable outdoor gas fire heating appliances $250 CFC 603.5.2 Maintain Heating Equipment/Appliance $125
CFC 603.8.2 Spark Arrestor Required $250
CFC 603.9 Protect Gas Meters/Piping $250
CFC 604.1 Abate Electrical Hazard $125
CFC 604.3 Provide working space and clearance in front of electrical service equipment $125 CFC 604.3.1 Label Electrical Room/Switchboard/Panel $75 CFC 604.4 Provide Listed Power Tap With Over-current Protection $75 CFC 604.4.3 Improper Use/Power Taps $75
CFC 604.5 Extension Cords Prohibited $125
CFC 604.5 Improper Use of Extension Cords $75
CFC 604.10.2 Portable, electric space heaters shall be plugged directly into an approved receptacle $125 CFC 604.10.4 Portable, electric space heaters shall not be operated within 3 feet of any combustible materials. $125
CFC 605.5 Access to Refrigeration Systems $125
CFC 605.8 Failure to have refrigerant detector $500
CFC 607.2 Commercial Kitchen Exhaust Hood Required $500 CFC 607.3.3 Hoods, Grease-Removal Devices, Fans, Ducts, Etc. shall be Cleaned at Req'd Intervals $250 CFC 703.1 Maintain Fire Resistive Construction $250
CFC 705.2 Maintain Fire Assemblies/Doors $500
CFC 705.2 Obstruction of Fire Assembly/Door $500
CFC 705.2.6 Test Fire Doors $125
CFC 704.2 Protection of Floor Openings $250
CFC 806.1.1 Natural cut trees shall be restricted in specific occupancies. $125 CFC 807.1 Maintain Flame Resistant Treatment $250
CFC 901.6 Maintain Fire Protection System/Appliance $1,000 CFC 901.7 Fire Watch Required-Problematic Systems $500
CFC 901.8 Tamper with Fire Department Equipment $1,000
CFC 901.8 Tamper with Fire Hydrant/Appliance $1,000
CFC 901.8.1 Tamper with Barriers/Locks/Signs/Seals $1,000 CFC 903.2 Fire Sprinkler System Required $1,000
Administrative Citation Fines F1 - 6
ATTACHMENT F
12.A.f
Packet Pg. 590 Attachment: Master Fines Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
5.L.c
Packet Pg. 717 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Code Section Violation Description(s) Fine
CFC 903.2.11.6 Additional Fire Suppression System Required $1,000 CFC 904.12 Hood Fire Extinguishing System Required to Protect all Areas $1,000 777 906.4 Provide a Type K Fire Extinguisher $75
CFC 904.12.5 Kitchen Hood Extinguishing System Service $250 CFC 906.1 Provide Fire Extinguisher Based on Use/Hazard/Occupancy $75 CFC 906.2 Maintenance and Required Service Intervals for Fire Extinguishers $75 CFC 906.3 Fire Extinguisher Size and Distribution $75
CFC 906.6 Post Signs Indicating Location of Fire Extinguisher $75 CFC 907.2 Fire Alarm System Required to be Installed and Maintained $1,000 CFC 907.2.8 Install and Maintain Smoke Detectors (Existing R-1) $250 CFC 907.8.5 Building owners shall be responsible to maintain the fire and life safety systems in an operable condition at all times. $1,000
CFC 912.4 Maintain Access To and Operation of Standpipes, FDC and Sprinkler control valves $250 CFC 1004.9 Post Occupant Load $125
CFC 1006.3.3 Single Exits $250
CFC 1010.1 Failure to Maintain Exit Doors $1,000
CFC 1010.1.4.4 Locks in Educational Occupancies $500
CFC 1010.1.9.4 Signage-Doors Unlocked During Business Hours $125 CFC 1010.1.9.5 Exit Door Locked/Secured with Non-approved Lock $500 CFC 1010.1.10 Panic Hardware Required $250
CFC 1010.2 Locks on Exit Gates $1,000
CFC 1011.1 Maintain Stairways $250
CFC 1011.7.4 Storage Under Stairways $500
CFC 1013.1 Exit Signs Required $250
CFC 1013.6.3 Failure to Provide Exit Signs with Emergency Power $250 CFC 1014.1 Maintain Handrails $250
CFC 1018.1 Aisles Required $250
CFC 1018.1 Obstruct Aisle or Exitway $500
CFC 1020.3 Maintain Corridor $250
CFC 1023.9 Stairway Identification $125
CFC 1025.1 Luminous Egress Pathway Markings in Highrise $125 CFC 1029.15 Bonding of Chairs Required $125
CFC 1030.5 Equip Bars/Grates On Sleeping Room With Approved Interior Release Devices $500 CFC 1031.1 Maintain Means of Egress $500
CFC 1031.2 Exit Reliability $1,000
CFC 1031.3 Obstructions in the Means of Egress $500
CFC 1031.4 Exit Sign illumination Required $250
CFC 1031.6 Finishes, Furnishings and Decorations $250
CFC 1031.7 Obstruct/Maintain Emergency Escapes $1,000
CFC 1031.1 Maintain Egress Lighting $250
CFC 1103.1 Construction Requirements in Existing Buildings $250 CFC 1104.1 Means of Egress for Existing Buildings $250
CFC 1104.16.7 Obstruct/Maintain Fire Escape $1,000
CFC 1113.1 Existing R-1 and R-2 Occupancy Requirements $250 CFC 1114.1 Existing Highrise Requirements $250
CFC 1115 Existing Group-I Requirements $250
CFC 1203.1 Maintain Emergency Power Equipment $500
CFC 1206.2 Stationary Storage Battery Systems $500
CFC 2101.1 Dry Cleaner Requirements $250
CFC 2203.4 Dust Collection Required $250
CFC 2303.2 Provide an approved emergency disconnect switch to stop transfer of fuel in event of emergency $500
CFC 2306.7.4 Failure to maintain an approved automatic emergency shutoff valve $500 CFC 2305.6 Warning signs shall be conspicuously posted within sight of each dispenser in the fuel dispensing area. $125
CFC 2404.2 Spray-Finish Operations Prohibited $1,000
CFC 2404.4 Fire Protection System Required for Spray Booths/Rooms $1,000 CFC 3103.2 Approval required to erect , operate or maintain a tent in excess of 400 sq ft $500 CFC 3103.5 Tents shall not be erected for a period of more than 180 days $500 CFC 3103.8 Location of Tents $250
CFC 3103.9 Tent Anchoring $250
CFC 3201.1 High Pile Storage Requirements $500
CFC 3313.1 Standpipe System Required During Construction $1,000 CFC 3504.1.1 Hot Work-Clearance to Combustibles $250
CFC 3504.1.7 Hot Work-Non Approved Location $250
CFC 3504.2.6 Fire Protection Equipment for Hot Work $250 CFC 3505.2 Storage of Welding Equipment $250
CFC 5001.3.3 Performance requirements of equipment/documentation $250 CFC 5001.3.3.8 Detection of gas or vapor release. $500
Administrative Citation Fines F1 - 7
ATTACHMENT F
12.A.f
Packet Pg. 591 Attachment: Master Fines Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
5.L.c
Packet Pg. 718 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Code Section Violation Description(s) Fine
CFC 5001.5.1 Hazardous Material Management Plan $1,000
CFC 5001.5.2 Hazardous Materials Inventory Statement $1,000 CFC 5001.6.1 Permit/Monitoring requirements for out-of-service facilities $250 CFC 5003.1 General/Hazardous Materials $500
CFC 5003.1.1 Maximum Allowed Quantity Per Control Area $500 CFC 5003.2 Design/maintenance of equipment for hazardous materials $250 CFC 5003.2.2.1 Provide Emergency Shut-off Valves and Signs $250 CFC 5003.2.9.2 Testing frequency $125
CFC 5003.2.5 Empty Containers and Tanks $125
CFC 5003.2.6 Maintenance of Equipment, Machinery, and Req'd Detection and Alarm $500 CFC 5003.2.6.2 Defective Cylinders, Containers and Tanks Shall Be Removed from Service $250 CFC 5003.2.9 Required Testing of Equipment, Devices and Systems per 5003.2.9.1 $500 CFC 5003.3.1 Release of Hazardous Materials $1,000
CFC 5003.3.1.2 Provide Approved Method to Control Unauthorized Spills $250 CFC 5003.4 SDS Forms Readily Available $125
CFC 5003.5 Provide Hazardous Identification Signs $125
CFC 5003.5.1 Provide Markings or Labels on Containers or Packages $125 CFC 5003.9.1 Training of Personnel/Written Procedures $500 CFC 5003.9.3 Provide Guard Posts to Protect Storage Area or Tanks $250 CFC 5003.9.5 Provide Approved Means to Prevent Static Electricity Charge $250 CFC 5003.9.8 Separate Containers of Incompatible Materials $500 CFC 5003.9.9 Provide Shelves with Lip or Guard $125
CFC 5004.1 General Storage of Hazardous Materials $500
CFC 5004.2.2 Provide Secondary Containment for Hazardous Materials $250 CFC 5004.2.2.5 Approved monitoring method $250
CFC 5004.11 Keep Storage Area or Tanks Clear of Combustible Material $250 CFC 5005.2.1.4 Secondary Containment for Liquid Used in Open Systems Inside a Building $250 CFC 5005.3.5 Secondary Containment for Liquid Used in Open Systems Outside a Building $250 CFC 5303.4.3 Provide Labels on Gas Piping $125
CFC 5303.5.3 Secure Compressed Gas Cylinders $125
CFC 5307.3.1 Failure to provide mechanical ventilation or emergency alarm system where CO2 can collect $500
CFC 5307.3.2 Failure to provide gas detection system with CO2 systems $500 CFC 5601.1.3 Possession of Illegal Fireworks $1,000
CFC 5703.3 Site Assessment $500
CFC 5704.2.7.10 Leak Reporting $1,000
CFC 5704.2.11.3 Overfill prevention system $125
CFC 5704.2.11.4.2 Approved method of leak detection $500 CFC 5704.2.13.1.2 Conditions for tanks out of service for 90 days $500 CFC 5704.2.13.1.3 Conditions for tanks out of service for 1 year $1,000 CFC 5704.3.1.1 Store Flammable/Combustible Liquids in Approved Container $250 CFC 5704.3.2 Store Flammable/Combustible Liquid in Approved Cabinet(s) $250 CFC 5704.3.3.3 Remove Flammable Liquids Near Exits $500 CFC 5705.2.4 Discontinue Gravity Dispensing $250
CFC 5705.3.6 Discontinue Cleaning Inside Building with Flammable Liquids $500 CFC 5705.3.7.5.3 Provide Secondary Containment—Flammable and Combustible Liquids $250 CFC 5707.1.1 Approval/Permit Required for Mobile Fueling $250 CFC 6109.4
LP-gas containers stored near exit access doors, exits, stairways and/or areas used as means of egress $500
CFC 6109.13
LP-gas containers shall be stored within a suitable enclosure or otherwise protected against tampering $500
Except as otherwise specifically set forth , the administrative citation fine amount imposed pursuant to Chapter 1.09 to the Municipal Code Repeat Violations:
The administrative citation fine amount for a second violation of the same Code provision by the same responsible party within thirty-six (36) months Late Payment Charges:
Payment of the administrative citation fine amount after thirty (30) days from the date of the administrative citation shall be subject to an additional late Standard Fine:
Administrative Citation Fines F1 - 8
ATTACHMENT F
12.A.f
Packet Pg. 592 Attachment: Master Fines Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
5.L.c
Packet Pg. 719 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) S
R
IOS
Driver or
Vehicle
Permittee
Franchisee
Driver or
Vehicle
Permittee
Franchisee
Driver or
Vehicle
Permittee
Franchisee
Driver or
Vehicle
Permittee
Franchisee
Driver or
Vehicle
Permittee
Franchisee
Schedule A $50 $50 $100 $100 $150 $150
$250
or Suspension
IOS
$500
$500
or
Suspension
IOS
$300
Schedule B N/A $100 N/A $200 N/A $300 N/A $500 N/A
$500
IOS
Schedule C
$250
or
Suspension
IOS
$500
$500
or
Suspension
IOS
$2,500 N/A N/A
$1,000
or
Revocation
IOS
$2,500
Schedule D N/A
$1,000
IOS
N/A
$5,000
or
Suspension
IOS
N/A N/A N/A
$5,000
or Suspension
IOS
See
Penalties
Conduct / Public Safety
Violation
See
Penalties
Conduct / Public Safety
Violation
= Revocation
= Immediate Out of Service (Driver and/or Vehicle) at the Full Discretion of the Police Penalty Schedules:
The following progressive penalties shall be applied when the same driver, vehicle permittee, or franchisee is guilty of a second or subsequent violation of the same rule or any combination of the rules listed for the same Progressive Penalty Schedule within any 24-month period. When IOS appears in a penalty, a driver or vehicle may be placed in an Immediate Out of Service status at the absolute discretion of the Police Officer.
Penalty
Schedules
Penalties
First Violation
Penalties
Second Violation
Penalties
Third Violation
Penalties
Fourth or More Violation
Penalties
Conduct / Public Safety
Violation
Exhibit 2 - Administrative Citation Schedule of Fines for Violations of Taxicab Rules and Regulations
SCHEDULE I
SCHEDULE OF FINES FOR VIOLATION OF TAXICAB RULES AND REGULATIONS Every franchisee, vehicle permittee and driver who does not comply fully with any one or more of the Department’s rules and regulations, with the terms and conditions of a taxicab franchise or the Santa Monica Municipal Code shall be guilty of a violation and subject to the penalty schedule as shown in the brackets at the end of each rule. Each day that a violation continues shall constitute a separate and distinct violation.
If a penalty due date falls on a weekend or holiday, penalties are due the next City business day.
Any suspension of a permit shall be recorded on the driver’s Permit Suspension Record and will be considered when applying Taxicab Rule 306f.
A permittee must serve a suspension during a period of time in which the Taxicab Driver’s Permit has been physically turned in to the City.
Monetary Penalty Increments:
Penalties shall accumulate without limit.
Suspension of Franchisee’s Franchise:
Whenever the cumulative amount of the monetary penalty assessed against any franchisee for any calendar quarter period exceeds $10,000, the franchisee’s franchise is subject to immediate suspension.
LEGEND:
= Suspension
Taxicab Fines F2 - 1
ATTACHMENT F
12.A.f
Packet Pg. 593 Attachment: Master Fines Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
5.L.c
Packet Pg. 720 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) 415. Schedule A-Conduct
416. Schedule C
417. Schedule C
410. Schedule A
411. Schedule A-Conduct for 1st Violation, Schedule C-Conduct for 2nd Violation 412. Schedule C–Conduct
413. Schedule C–Conduct
414. Schedule A-Conduct for 1st Violation, Schedule C– Conduct for 2nd Violation 405. Schedule A-Public Safety
406. Schedule A-Conduct
407. Schedule C–Public Safety
408. Schedule C-Public Safety
409. Schedule C-Conduct
401. Schedule A–Conduct
402. Schedule C–Public Safety
403a. Schedule C – Public Safety
403b. Schedule C-Public Safety
404. Schedule C–Public Safety
303. none
304. none
305. none
306. none
307. none
242. Schedule B
243. Schedule B
244. Schedule C-Conduct or Schedule D-Conduct
301. none
302. none
237 Schedule B-Conduct
238 Schedule B-Conduct
239 Schedule B-Conduct
240 Schedule A-Conduct
241. Schedule B
232 Schedule B– Public Safety
233 Schedule B
234 Schedule B-Public Safety
235 Schedule B
236 Schedule B
227 Schedule B
228 Schedule B
229 Schedule B
230 Schedule A or Schedule B
231 Schedule B
222 Schedule B
223 Schedule B
224 Schedule D
225 Schedule B-Public Safety
226 Schedule B
217 Schedule D
218 Schedule B
219 Schedule B
220 Schedule B
221 Schedule B
212 Schedule B
213 Schedule B–Public Safety
214 Schedule A-Conduct or B-Conduct
215 Schedule B–Public Safety
216 Schedule D
207 Schedule D-conduct
208 Schedule B–Conduct
209 Schedule A-Conduct or B-Conduct
210 Schedule A-Conduct or Schedule B-Conduct
211 Schedule B
202 Schedule D
203 Schedule D
204 Schedule D-Conduct
205 Schedule B-Conduct
206 Schedule B – Conduct
ASSIGNED PENALTY SCHEDULE
Taxicab Rule Penalty Schedule
201a. Schedule D
201b. Schedule C
Taxicab Fines
F2 - 2
ATTACHMENT F
12.A.f
Packet Pg. 594 Attachment: Master Fines Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
5.L.c
Packet Pg. 721 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Taxicab Rule Penalty Schedule
456b. Schedule A
456c. Schedule A
456d. Schedule C
457. Schedule A
458. Schedule A
452. Schedule A
453. Schedule A
454. Schedule A
455. Schedule A
456a. Schedule A
447. Schedule A–Public Safety
448. Schedule A
449. Schedule A
450. Schedule A
451. Schedule A
442. Schedule A
443. Schedule A
444. Schedule A
445. Schedule A
446. Schedule A
439a. Schedule C
439b. Schedule C-Conduct
439c. Schedule C
440. Schedule A-Conduct
441. Schedule C–Conduct
434b. Schedule A
435. Schedule C
436. Schedule A
437. Schedule A
438. Schedule A
430o. Schedule A
431. Schedule A
432. Schedule A-Conduct or Schedule C–Conduct at the Discretion of the City 433. Schedule A
434a. Schedule A–Conduct
430j. Schedule A-Conduct
430k. Schedule A-Conduct
430l. Schedule A-Conduct
430m. Schedule A-Conduct
430n. Schedule A
430e. Schedule A
430f. Schedule A-Conduct
430g. Schedule A-Conduct
430h. Schedule A
430i. Schedule A-Conduct
429. Schedule A
430a. Schedule A
430b. Schedule A
430c. Schedule A
430d. Schedule A
424. Schedule C
425. Schedule A-Public Safety
426. Schedule A-Public Safety
427. Schedule A
428. Schedule A-Conduct
422c. Schedule C
422d. Schedule A–Public Safety
423a. Schedule A-Public Safety
423b. Schedule A-Public Safety
423c. Schedule A-Public Safety
420b. Schedule C
420c. Schedule A
421. Schedule A-Public Safety
422a. Schedule A
422b. Schedule C
419b Schedule A
419c Schedule A-Conduct
419d Schedule C-Conduct
419e Schedule A
420a. Schedule C–Public Safety
418. Schedule C
419a Schedule A-Public Safety
Taxicab Fines
F2 - 3
ATTACHMENT F
12.A.f
Packet Pg. 595 Attachment: Master Fines Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
5.L.c
Packet Pg. 722 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Taxicab Rule Penalty Schedule
702. none
703. none
631. Schedule A–Public Safety or Schedule B-Public Safety 632. Schedule B – Public Safety
701. none
626. Schedule B
627. Schedule B
628. Schedule B
629. Schedule A-Public Safety or Schedule B–Public Safety 630. Schedule C or Schedule D
621. Schedule B
622. Schedule B
623. Schedule A or Schedule B
624. Schedule A–Conduct or Schedule B-Conduct
625. Schedule A–Conduct or Schedule B-Conduct
616. Schedule B
617. Schedule B
618. Schedule B
619. Schedule B
620. Schedule B
611. Schedule A or Schedule B
612. Schedule A–Public Safety or Schedule B-Public Safety 613. Schedule A–Conduct
614. Schedule A or Schedule B
615. Schedule B
607f. Schedule A–Conduct or Schedule B-Conduct
607g. Schedule A or Schedule B
608. Schedule A-Public Safety or Schedule B – Public Safety 609. Schedule A-Public Safety or Schedule B–Public Safety 610. Schedule A or Schedule B
607a. Schedule A or Schedule B
607b. Schedule A or Schedule B
607c. Schedule A or Schedule B
607d. Schedule A–Conduct or Schedule B-Conduct
607e. Schedule A–Conduct or Schedule B-Conduct
602. Schedule B-Public Safety
603. Schedule A-Public Safety or B-Public Safety
604. Schedule A or Schedule B
605. Schedule A-Conduct or Schedule B-Conduct
606. Schedule A-Public Safety or Schedule B – Public Safety 511. none
512. none
513. none
514. none
601. Schedule A or Schedule B
506. Schedule B
507. Schedule B
508. Schedule B-Conduct
509. none
510. none
501. Schedule D
502. Schedule B
503. Schedule A-Conduct or Schedule B-Conduct
504. Schedule B-Conduct
505. Schedule B-Conduct
Taxicab FinesF2 - 4
ATTACHMENT F
12.A.f
Packet Pg. 596 Attachment: Master Fines Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
5.L.c
Packet Pg. 723 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Code
Section Description City Penalty
Amount
Current
State Fees
Total
Penalty
Late Payment
Penalty Amount
3.04.030(a) Beach Parking Lot Permits (Sunset to Sunrise) $50.50 $12.50 $63.00 $63.00
3.04.050(a) Payment of Posted Fee Required-Attendant $50.50 $12.50 $63.00 $63.00
3.04.050(b) Payment of Posted Fee Required-Pay Machine $50.50 $12.50 $63.00 $63.00
3.04.100 Parking Spaces $45.50 $12.50 $58.00 $58.00
3.06.040 Car Share Permit Required $150.50 $12.50 $163.00 $163.00
3.08.110 Preferential Parking $55.50 $12.50 $68.00 $68.00
3.12.270 Disobey Posted Signs $55.50 $12.50 $68.00 $68.00
3.12.380 Parking on Drive Apron/Parkway/Sidewalk $50.50 $12.50 $63.00 $53.00
3.12.730 Green Zone - 15 Minutes $45.50 $12.50 $58.00 $58.00
3.12.740 Yellow Load Zone 7am - 6pm Mon-Sat $45.50 $12.50 $58.00 $58.00
3.12.760 White Zone - Max of 3 Minutes $45.50 $12.50 $58.00 $58.00
3.12.775a Disabled Placard - Use of Lost, Stolen, Revoked or $350.50 $12.50 $363.00 $36.00
3.12.775b Disabled Placard - Not Used For Transport of Person $350.50 $12.50 $363.00 $36.00
3.12.775c Disabled Placard - Use of Counterfeit, Forged, Altered
$350.50 $12.50 $363.00 $36.00
3.12.790(b) Head in Parking $50.50 $12.50 $63.00 $63.00
3.12.820 Block Passage of Vehicle In Alley $55.50 $12.50 $68.00 $68.00
3.12.830 Parking Prohibited in Specified Places $60.50 $12.50 $73.00 $73.00
3.12.840 Overtime Parking $45.50 $12.50 $58.00 $58.00
3.12.845 Street Sweeping $60.50 $12.50 $73.00 $73.00
3.12.850 30 Minute Parking Between 3-5 am $50.50 $12.50 $63.00 $63.00
3.12.860 Oversize Vehicles - 9pm - 6am $60.50 $12.50 $73.00 $73.00
3.12.870 Oversize Commercial Vehicle in Residential Area $65.50 $12.50 $78.00 $78.00
3.12.880 Parking of Trailers $65.50 $12.50 $78.00 $78.00
3.12.890 Vehicle Parked for Advertising $92.50 $12.50 $105.00 $105.00
3.12.910 Wash Car - Street Alley $40.50 $12.50 $53.00 $53.00
3.12.920 Storing/Servicing/Rebuilding - Public Way $80.50 $12.50 $93.00 $93.00
3.12.930 Parking on Private Property w/o Permission $55.50 $12.50 $68.00 $68.00
3.12.950 Parking on Private Unpaved Lot $55.50 $12.50 $68.00 $68.00
3.12.1000 Vehicle Parked on Street for Sale $92.50 $12.50 $105.00 $105.00
3.12.1010 Unattended Vehicle-Keys in Ignition $50.50 $12.50 $63.00 $63.00
3.12.1050 Parked on Front Lawn $55.50 $12.50 $68.00 $68.00
3.16.120 Operating a Parking Meter $50.50 $12.50 $63.00 $63.00
3.16.240 O/T Meter Parking - Past Time Limits $50.50 $12.50 $63.00 $63.00
3.16.241 O/T Lot Parking - Past Time Limit $50.50 $12.50 $63.00 $63.00
3.16.242 Parking without charging at public electric vehicle charging station
$50.50 $12.50 $63.00 $63.00
3.16.250 Expired Meter $50.50 $12.50 $63.00 $63.00
3.16.260 Parking Beyond Meter Space $45.50 $12.50 $58.00 $58.00 Code
Section Description Penalty
Amount
Current
State Fees
Total
Penalty
Late Payment
Penalty Amount
5200 Failure to Display Both Plates1 $25.00 See footnote #1 $25.00 $25.00 Exhibit 3 - Schedule of Civil Penalties for Parking
Violations and for Late Payments
SANTA MONICA MUNICIPAL CODE VIOLATIONS
CALIFORNIA VEHICLE CODE VIOLATIONS
Parking Fines F3 - 1
ATTACHMENT F
12.A.f
Packet Pg. 597 Attachment: Master Fines Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
5.L.c
Packet Pg. 724 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Code
Section Description City Penalty
Amount
Current
State Fees
Total
Penalty
Late Payment
Penalty Amount
5201 Positioning of Plates1 $25.00 See footnote #1 $25.00 $25.00 5204 No Current License Plate Tab1 $25.00 See footnote #1 $25.00 $25.00 21113A Illegally Parked on State Property $50.50 $12.50 $63.00 $63.00 21211B Parked in Bike Lane $80.50 $12.50 $93.00 $93.00
22500a Parked in Any Intersection $55.50 $12.50 $68.00 $68.00 22500b Parked in Any Crosswalk $55.50 $12.50 $68.00 $68.00 22500c Parked in Any Safety Zone $55.50 $12.50 $68.00 $68.00 22500d Parked Within 15 feet of Fire Station $55.50 $12.50 $68.00 $68.00 22500e Parked in Front of Private/Public Driveway $55.50 $12.50 $68.00 $68.00 22500f Parked on Sidewalk (except electric carts) $55.50 $12.50 $68.00 $68.00 22500g Parked near Excavation Causing Hazard $55.50 $12.50 $68.00 $68.00 22500h Double Parking $55.50 $12.50 $68.00 $68.00
22500i Parked in Bus Zone $280.50 $12.50 $293.00 $29.00 22500k Parked on Any Bridge $55.50 $12.50 $68.00 $68.00 22500I Stopping/Blocking Disabled Access Ramp $350.50 $12.50 $363.00 $36.00 22500M Bus Lane $280.50 $12.50 $293.00 $29.00
22500.1 Parked in Fire Lane $50.50 $12.50 $63.00 $63.00 22502 Curb Parking $50.50 $12.50 $63.00 $63.00
22502a Parked Within 18" of Curb $50.50 $12.50 $63.00 $63.00 22507.8a Parked in Handicapped Space w/o ID $350.50 $12.50 $363.00 $36.00 22507.8b Blocking Disabled parking $350.50 $12.50 $363.00 $36.00 22507.8c Parked on/in Handicapped Access Area $350.50 $12.50 $363.00 $36.00 22509 Parked on Hill w/o Securing Vehicle $50.50 $12.50 $63.00 $63.00 22514 Parked within 15 Feet of Fire Hydrant $55.50 $12.50 $68.00 $68.00 22515a Vehicle w.o Driver, Engine Running $50.50 $12.50 $63.00 $63.00 22515b Setting Brake/Lock Wheels on Highway $50.50 $12.50 $63.00 $63.00 22516 Vehicle Locked w/o Means to Escape $50.50 $12.50 $63.00 $63.00 22520 Parked on Freeway - Non-Emergency $50.50 $12.50 $63.00 $63.00 22520.5a Vending on or Near Freeways $50.50 $12.50 $63.00 $63.00 22521 Parked Less than 7.5 Feet from RR Track $50.50 $12.50 $63.00 $63.00 22522 Parked Less than 3 Feet from Sidewalk Ramp $350.50 $12.50 $363.00 $36.00 22523a,b Abandon Vehicle on Highway $130.50 $12.50 $143.00 $143.00 22526a Gridlock - In Intersection $80.50 $12.50 $93.00 $93.00 22526b Gridlock - During Turn $80.50 $12.50 $93.00 $93.00 Code
Section Description Penalty Amount
Current
State Fees
Total
Penalty
Late Payment
Penalty Amount
Violation of Any Other Law Regulating the Parking or
Standing of Vehicles
$50.50 $12.50 $63.00 $63.00
UNLISTED PROVISIONS OF THE LAW
1 The $25.00 penalty fee amount includes the $12.50 State Fee. If the violations are corrected within the period of time provided by the California Vehicle Code, the civil penalty shall be reduced to $10.00, and the State fee assessed shall be $5.00.
Parking Fines F3 - 2
ATTACHMENT F
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Packet Pg. 598 Attachment: Master Fines Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 725 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Fine Description
Police
Second and Third responses within the same fiscal year $164.86 each Fourth and subsequent responses within the same fiscal year $247.28 each Fire
False Alarm Response: Third and subsequent responses at the same location within the same calendar year.
323.52 each
Exhibit 4 - False Alarm Fine Schedule
Fines
False Alarm Fines F4 - 1
ATTACHMENT F
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Packet Pg. 599 Attachment: Master Fines Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 726 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Fine Description Fines
Fines to be assessed per item, per day.
Overdue Interlibrary Loan Material $1.00
Overdue Technology Device, In-House (maximum $5.00) 1.00 (per hour) Overdue Technology Device, Off-Site Loan (maximum $50.00) $5.00 (per day) Processing for Lost or Damaged Items $10.00
(per item plus cost
of item)
Collection Agency Referral $10.00
Exhibit 5 - Library Fine Schedule
Library Fines F5 - 1
ATTACHMENT F
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ATTACHMENT G
1 City Council Meeting: June 28, 2022 Santa Monica, California RESOLUTION NO. ________ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ESTABLISHING
PARKING RATES AND PERMIT FEES FOR ALL CITY
PARKING FACILITIES AND RESOURCES
WHEREAS, the City of Santa Monica (the “City”) operates parking facilities in the Downtown area, including Parking Structures 1 through 10, the Ken Edwards Center parking structure, the Main Library parking structure and surface lot, the Civic Center Parking Structure and the Civic Auditorium parking lot; parking lots in the Main Street area; parking lots in the Downtown area, parking lots in the Mid-City area along the Wilshire Boulevard corridor; parking lot at the Santa Monica Pier; and parking lots at the beaches; and
WHEREAS, City-operated parking facilities serve visitors to areas throughout the City, including those who are working, doing business, and attending community events; and
WHEREAS, the City has designated preferential parking zones throughout the City with parking restrictions for each zone in order to manage parking availability for residents within each zone; and
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2 WHEREAS, the City has designated on-street parking spaces with parking meters in order to regulate and manage traffic circulation and parking availability; and WHEREAS, the City Council of the City of Santa Monica (the “City Council”) is authorized to set parking rates and permit fees, by resolution, for the City’s parking facilities, preferential parking zones, and on-street parking meters and pay machines; and WHEREAS, the location of and rates for parking directly impact traffic and parking circulation patterns, traffic congestion and other traffic hazards, and parking availability; and
WHEREAS, adjusting the parking rates and permit fees as a means of regulating the use of all City parking facilities and resources distributes the parking load more evenly between residents and visitors, and maximizes the utility and use of all City parking facilities and resources, thereby making parking easier, reducing traffic hazards and congestion, and promoting the public convenience, safety, and welfare; and WHEREAS, on July 10, 2012, the City Council endorsed parking rate and permit fee changes recommended in the Walker Parking Study and further adopted Resolution Number 10694 (CCS) (“Resolution No. 10694”) establishing parking rates and permit fees for all City parking facilities and resources; and
WHEREAS, on February 12, 2013, the City Council adopted Resolution Number 10732 (CCS) (“Resolution No. 10732”), adjusting certain rates for the Main Library parking structure; and
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3 WHEREAS, on or about April 9, 2013, the City Council adopted Resolution Number 10743 (CCS) (“Resolution No. 10743”), establishing new parking rates in Downtown parking structures at the lowest price generally available to Downtown residents for those who are disabled and living in multi-family buildings with one-hundred percent (100%) affordable housing units when no onsite parking is available; and WHEREAS, on June 25, 2013, the City Council adopted Resolution Number 10755 (CCS) (“Resolution No. 10755”), revising the City’s preferential parking permit rates; and WHEREAS, on January 27, 2015, the City Council adopted Resolution Number 10860 (CCS) (“Resolution No. 10860”), revising the parking rates and permit fees for City parking facilities and resources as set forth in Resolution No. 10755 in order to: establish fees for one-day visitor permits and visitor permits that are valid for six months or less in preferential parking zones; include exemptions from and reductions to rates for vehicles with disabled placards that were previously established but inadvertently omitted from Resolution No. 10755; authorize the waiver of parking fees for City meetings and cosponsored events, and events at Santa Monica High School, to allow for a more streamlined approval process and increase efficiency in the overall administration of the City’s parking resources; and include rates for certain City parking facilities that were inadvertently omitted from Resolution No. 10755; and
WHEREAS, on June 23, 2015, the City Council adopted Resolution Number 10889 (CCS) (“Resolution No. 10889”), to make administrative changes, include exemptions from permit rates for residents in the Beach Zone with disabled placards, and eliminate free parking for vehicles in the Southern Beach Zone after 4:00 p.m. in the winter; and
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4 WHEREAS, on May 10, 2016, the City Council adopted Resolution Number 10957 (CCS) (“Resolution No. 10957”), to increase rates at the Civic Center Parking Structure and Civic Auditorium parking lot; limit eligibility for monthly permits at Downtown Parking Structures 1 through 9, the Ken Edwards Center, the Main Library, the Civic Center Parking Structure, and the Civic Auditorium parking lot, and to make minor changes to address operational needs; and
WHEREAS, on May 10, 2016, staff requested, and received, City Council concurrence on a proposed administrative increase to certain parking rates for parking facilities located in the City’s Downtown as a means of discouraging daily Expo Light Rail (“E-Line”) park and ride activity and to further the parking goals set forth in the City’s Land Use and Circulation Element (“LUCE”); and
WHEREAS, the City Manager, in accordance with authority granted by the City Council, administratively increased rates for parking structures in the City’s Downtown; and
WHEREAS, on June 27, 2017, Council adopted Resolution Number 11053 (CCS) (“Resolution No. 11053”) to: reflect the administrative increase implemented on May 17, 2016; increase certain parking rates at the Beach parking lots to better maximize use of all Beach parking supply, including South Beach lots, Central Beach lots, and North Beach lots; provide for a pilot discount validation program for employees of commercial establishments located in the City’s Downtown; and provide for payment by the Judicial Council of California and Superior Court of California, County of Los Angeles, for permits
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5 and validations assigned to the Civic Center Parking Structure and Civic Auditorium parking lot; and
WHEREAS, on April 24, 2018, the City Council adopted Resolution Number 11110 (CCS) (“Resolution No. 11110”), to: revise transient rates and permit fees at Parking Structure 1 through 10, Ken Edwards Center, and Main Library parking structure; make changes to the incremental weekday and weekend transient parking rates at the Civic Center Parking Structure and Civic Auditorium parking lot while maintaining the current daily maximum rates; extend the pilot Downtown employee discount validation program for through June 30, 2019; eliminate free disabled placard parking in the Main Library parking structure and Parking Structure 10 to ensure parking availability and discourage long-term storage parking in these facilities; increase the fee for an annual Senior Beach parking permit to align with Los Angeles County Beaches and Harbor parking permit rates; and provide minor adjustments to address operational needs; and WHEREAS, on May 8, 2018, the City Council adopted Resolution Number 11112 (CCS) (“Resolution No. 11112”), to include an extension of the bulk parking fee for the California Judicial Council through June 30, 2019 that was inadvertently omitted from Resolution No. 11110; and
WHEREAS, on June 12, 2018, the City Council adopted Resolution Number 11122 (“Resolution No. 11122”) to include an increase to preferential parking permit fees based on a cost of services fee study; and
WHEREAS, on April 30, 2019, the City Manager, in accordance with authority granted by the City Council, administratively increased rates for on-street parking meters,
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6 Main Street parking lots, Central Beach Zone parking lots, and Pier Deck parking lot rates to further the parking goals set forth in the City’s Land Use and Circulation Element (“LUCE”); and
WHEREAS, on June 25, 2019, the City Council adopted Resolution Number 11184 to extend the pilot Downtown employee discount validation program for two additional years through June 30, 2021, include an extension of the bulk parking fee for the California Judicial Council through June 30, 2020, and provide for minor adjustments to address operational needs, and
WHEREAS, on January 14, 2020, the City Council adopted Resolution Number 11222 to adopt an administrative charge for overstaying at public electric vehicle charging stations beyond the maximum time to encourage turnover at parking spaces designated for public use; and
WHEREAS, on June 23, 2020, the City Council adopted Resolution Number 11265 to extend the bulk parking fee agreement for the State of California Judicial Council through June 30, 2021, eliminate free overnight parking in the Main Street surface parking lots, and provide for minor adjustments to address operational needs, and WHEREAS, on June 22, 2021, Council adopted Resolution Number 11345 to revise the preferential parking permit fees based on a cost of services fee study, extend the pilot Downtown employee discount validation program for two additional years through June 30, 2023 to support the City’s business and economic recovery efforts, and provide for minor administrative adjustments to address operational needs, and
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7 WHEREAS, on February 22, 2022, Council adopted Resolution Number 11402 to authorize the City Manager or designee to establish hours operation for the Santa Monica Pier Deck Parking Lot, and
WHEREAS, the City now desires to revise and increase the preferential parking permit fees by 3.1%, which reflects the Citywide salaries and benefits total compensation factor increase for FY 2022-23, and provide for minor administrative adjustments to address operational needs, and
WHEREAS, the City desires to restate all fees and rates set by Resolution Number 11402 as well as incorporate changes made by this Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The parking rates established in this Resolution are effective upon the adoption of this Resolution, and at such time as signs notifying the public of the provisions herein have been posted by the City, unless otherwise noted. Parking rates that require approval from the California Coastal Commission are effective upon approval by that body.
SECTION 2. As used in this Resolution, the term “daily” means a period commencing upon the time of entry of a vehicle into a parking facility between 12:00 a.m. to midnight.
SECTION 3. The off-street parking rates listed in this Resolution apply to vehicles entering the specified off-street parking facility for the specified times, unless a special
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8 event is scheduled that is anticipated to increase traffic and parking demands. If a special event is scheduled, the daily maximum may be increased up to $30.00 on weekdays (Monday through Friday) and $35.00 on weekends (Saturday and Sunday), with approval of the City Manager or the Director of the Department of Transportation, which approval may be granted based on the City’s best interests. The daily maximum may be set as either a flat rate per entry or an increased incremental rate based upon time of entry and duration of parking.
SECTION 4. The following weekday (Monday through Friday) and weekend (Saturday and Sunday) transient parking rates are established for Downtown Parking Structures 1 through 8 and Ken Edwards Center parking structure:
1. Weekday parking rates shall be as follows:
a. First ninety minutes shall be free;
b. Next thirty minutes shall be $2.00;
c. Next one hour shall be $1.50 each 30 minutes;
d. Next one hour shall be $2.00 each 30 minutes;
e. Next one hour shall be $2.50 each 30 minutes;
f. Next one hour shall be $3.00 each 30 minutes;
g. Daily maximum shall be $20.00 per entry;
h. Lost tickets shall be charged $20.00 per ticket.
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9 2. Weekend parking rates shall be as follows:
a. First ninety minutes shall be free;
b. Next ninety minutes shall be $2.00 each 30 minutes;
c. Next one hour shall be $2.50 each 30 minutes;
d. Next one hour shall be $3.00 each 30 minutes;
e. Next one hour shall be $4.00 each 30 minutes;
f. Daily maximum shall be $25.00 per entry;
g. Lost tickets shall be charged $25.00 per ticket.
3. For parking spaces reserved for construction or other exclusive use, the parking rate shall be three times the daily maximum.
4. Parking on Sundays is free from 6:00 a.m. to 11:00 a.m. Vehicles entering these parking structures before 6:00 a.m. and leaving between 6:00 a.m. and 11:00 a.m. shall be subject to payment of all rates due from entry to 6:00 a.m.
Vehicles entering these parking structures after 6:00 a.m. and remaining in the structure after 11:00 a.m. shall be subject to payment of all rates due from 11:00 a.m. to exit. Vehicles parked in these structures before 6:00 a.m. and remaining after 11:00 a.m. shall be subject to payment of all rates due before and after the free period.
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10 SECTION 5. The following weekday (Monday through Friday) and weekend (Saturday and Sunday) transient parking rates are established for Parking Structure 9:
1. Weekday parking rates shall be as follows:
a. First ninety minutes shall be free;
b. Next thirty minutes shall be $2.00;
c. Next one hour shall be $1.00 each 30 minutes;
d. Next one hour shall be $1.50 each 30 minutes;
e. Next one hour shall be $2.00 each 30 minutes;
f. Next one hour shall be $3.00 each 30 minutes;
g. Daily maximum shall be $17.00 per entry;
h. Lost tickets shall be charged $17.00 per ticket.
2. Weekend parking rates shall be as follows:
a. First ninety minutes shall be free;
b. Next thirty minutes shall be $2.00;
c. Next one hour shall be $1.50 each 30 minutes;
d. Next one hour shall be $2.00 each 30 minutes;
e. Next one hour shall be $2.50 each 30 minutes;
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11 f. Next one hour shall be $3.00 each 30 minutes;
g. Daily maximum shall be $20.00 per entry;
h. Lost tickets shall be charged $20.00 per ticket.
3. For parking spaces reserved for construction or other exclusive use, the parking rate shall be three times the daily maximum.
4. Parking on Sundays is free from 6:00 a.m. to 11:00 a.m. Vehicles entering this parking structure before 6:00 a.m. and leaving between 6:00 a.m. and 11:00 a.m. shall be subject to payment of all rates due from entry to 6:00 a.m.
Vehicles entering this parking structure after 6:00 a.m. and remaining in the structure after 11:00 a.m. shall be subject to payment of all rates due from 11:00 a.m. to exit. Vehicles parked in this structure before 6:00 a.m. and remaining after 11:00 a.m. shall be subject to payment of all rates due before and after the free period.
SECTION 6. The following weekday (Monday through Friday) and weekend (Saturday and Sunday) transient parking rates are established for Parking Structure 10:
1. Weekday parking rates shall be as follows:
a. First two hours shall be $0.50 each 30 minutes;
b. Next one hour shall be $1.00 each 30 minutes;
c. Next one hour shall be $1.50 each 30 minutes;
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12 d. Next one hour shall be $2.00 each 30 minutes;
e. Next one hour shall be $3.00 each 30 minutes;
f. Daily maximum shall be $17.00 per entry.
2. Weekend parking rates shall be as follows:
a. First two hours shall be $0.50 each 30 minutes;
b. Next one hour shall be $1.50 each 30 minutes;
c. Next one hour shall be $2.00 each 30 minutes;
d. Next one hour shall be $2.50 each 30 minutes;
e. Next one hour shall be $3.00 each 30 minutes;
f. Daily maximum shall be $20.00 per entry.
3. For parking spaces reserved for construction or other exclusive use, the parking rate shall be three times the daily maximum.
SECTION 7. The following weekday (Monday through Friday) and weekend (Saturday and Sunday) transient parking rates are established for the Main Library Parking Structure:
1. Weekday parking rates for the subterranean structure shall be as follows:
a. First thirty minutes shall be free;
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13 b. Next one hour shall be $0.50 each 30 minutes;
c. Next ninety minutes shall be $1.00 each 30 minutes;
d. Next two hours shall be $1.50 each 30 minutes;
e. Next one hour shall be $2.00 each 30 minutes;
f. Daily maximum shall be $14.00 per entry;
g. Lost tickets shall be charged $14.00 per ticket.
2. Weekend parking rates shall be as follows:
a. First thirty minutes shall be free;
b. Next two and a half hours shall be $1.00 each 30 minutes; c. Daily maximum shall be $5.00 per entry;
d. Lost tickets shall be charged $5.00 per ticket.
3. For parking spaces reserved for construction or other exclusive use, the parking rate shall be three times the daily maximum.
SECTION 8. The following transient parking rates are established for the Main Library surface parking lot:
1. Parking rates for the surface parking lot shall be $1.00 per hour.
2. Parking for vehicles displaying current and valid disabled placards shall be
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14 free.
3. For parking spaces reserved for construction or other exclusive use, the parking rate shall be three times the daily maximum.
SECTION 9. The following weekday (Monday through Friday) and weekend (Saturday and Sunday) transient parking rates are established for the Civic Center Parking Structure and Civic Auditorium parking lot:
1. Weekday parking rates shall be as follows:
a. First thirty minutes shall be free;
b. Next one hour shall be $0.50 each 30 minutes;
c. Next ninety minutes shall be $1.00 each 30 minutes;
d. Next two hours shall be $1.50 each 30 minutes;
e. Next one hour shall be $2.00 each 30 minutes;
f. Daily maximums shall be $14.00 per entry;
g. Lost tickets shall be charged $14.00 per ticket.
2. Weekend parking rates shall be as follows:
a. First thirty minutes shall be free;
b. Next two and a half hours shall be $1.00 each 30 minutes;
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15 c. Daily maximums shall be $5.00 per entry;
d. Lost tickets shall be charged $5.00 per ticket.
3. For parking spaces reserved for construction or other exclusive use, the parking rate shall be three times the daily maximum.
4. Parking for vehicles displaying current and valid disabled placards shall be free, except during events where a capacity crowd is anticipated. For purposes of this subsection 4, “capacity crowd” means an event that is anticipated to sell out. During capacity crowd events, vehicles displaying disabled placards shall be subject to payment of the applicable event rate.
5. The City Manager, the Director of the Department of Transportation, or the Parking Manager, is hereby authorized to waive parking fees at the Civic Center Parking Structure and Civic Auditorium parking lot for up to twenty-five events at Santa Monica High School per school year (July 1 to June 30). Such waivers may be denied if there is a conflict with pre-existing activity, such as another event occurring at the Civic Center concurrent to the time of the Santa Monica High School event.
SECTION 10. The total number of monthly parking permits and validations to be sold shall be determined by the City’s Parking Manager, or the Director of the Department of Transportation, and distributed by location with the goal of ensuring that the utilization of parking facilities is distributed so as to maximize existing inventory based on occupancy. Monthly parking permit fees for (i) employees working in a commercial
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16 establishment located within the area bounded by California Avenue, Lincoln Boulevard, Pico Boulevard, and Ocean Avenue, including businesses located on both the east and west sides of Lincoln Boulevard and north and south sides of Pico Boulevard; or (ii) residents living in buildings with no on-site parking within the area bounded by California Avenue, Lincoln Boulevard, Pico Boulevard, and Ocean Avenue, including buildings located on both the east and west sides of Lincoln Boulevard and north and south sides of California Avenue and Pico Boulevard; shall be:
1. Downtown Parking Structures 1 through 8 and Ken Edwards Center – $220 per month for permits valid at all times.
2. Downtown Parking Structure 9 – $187 per month for permits valid at all times.
3. Downtown Parking Structure 10 – $187 per month for permits valid at all times.
4. Civic Center Parking Structure and Civic Center Parking Lot – $160 per month for permits valid at all times.
5. Main Library Parking Structure – $154.00 per month for permits valid at all times.
6. The City may offer up to a twenty-percent monthly volume discount for accounts with fifty or more permits as of May 10, 2016, to facilitate the distribution of parkers to facilities that are underutilized.
7. Monthly parking fees shall be $65.00 per month for vehicles with disabled placards owned and operated by residents of a multi-family building if:
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17 a. The building is located within the area bounded by Second Street, Wilshire Boulevard, Fourth Street, and Colorado Avenue; and
b. One hundred percent of the building’s units are affordable housing; and c. No onsite parking exists for the building.
8. Commencing on June 27, 2017 and continuing through June 30, 2023, discounted parking validations shall be made available for employees working in commercial establishments located within the area bounded by California Avenue, Lincoln Boulevard, Pico Boulevard, and Ocean Avenue, including businesses located on both the east and west sides of Lincoln Boulevard and north and south sides of Pico Boulevard.
a. Validation for up to six hours of parking – $6.00
b. Validation for up to twelve hours of parking – $9.00
9. Free parking validations for parking sessions up to three hours (inclusive of any grace period) shall be made available to all current Santa Monica College Emeritus program students.
10. Free parking validations shall be made available to all Ken Edwards Center Senior program users.
11. Free parking validations for parking sessions up to ninety minutes shall be made available to all Main Library Public Services and Youth Program users.
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18 SECTION 11. The following rates are established for the Santa Monica Pier Deck parking lot:
1. Summer (April 1 through October 31):
a. Weekday parking rates shall be $3.75 per hour; $18.00 daily maximum. b. Weekend parking rates shall be $3.75 per hour; $18.00 daily maximum.
2. Winter (November 1 through March 31):
a. Weekday parking rates shall be $2.50 per hour; $12.00 daily maximum. b. Weekend parking rates shall be $3.50 per hour; $15.00 daily maximum.
3. Parking for vehicles displaying valid and current disabled placards shall be free.
4. For parking spaces reserved for construction or other exclusive use, the parking rate shall be three times the daily maximum.
5. The City Manager or designee shall establish hours of operation for the Santa Monica Pier Deck Parking Lot.
6. No person shall park or leave standing any vehicle in the Santa Monica Pier Deck Parking Lot during times when it is prohibited pursuant to subsection (5) or without a valid parking permit.
SECTION 12. The following rates are established for the Northern Beach Zone, lots 9N through 4N:
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Packet Pg. 618 Attachment: Parking Rates Resolution [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 745 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT G
19 1. Summer (April 1 through October 31) parking rates shall be $10.00 per entry on weekdays and $12.00 per entry on weekends.
2. Winter (November 1 through March 31) parking rates shall be $7.00 per entry on weekdays and $10.00 per entry on weekends.
3. Parking for vehicles displaying current and valid disabled placards shall be free.
4. Bus parking shall be six times the daily rate.
5. Recreational vehicle parking shall be four times the daily rate.
6. For parking spaces reserved for construction or other exclusive use, the parking rate shall be three times the daily maximum.
SECTION 13. The following rates are established for the parking lot at the Annenberg Community Beach House at Santa Monica State Beach:
1. Summer (April 1 through October 31) parking rates shall be $3.00 per hour; $12.00 daily maximum.
2. Winter (November 1 through March 31) parking rates shall be $3.00 per hour; $8.00 daily maximum.
3. Parking for vehicles displaying current and valid disabled placards shall be free.
4. For parking spaces reserved for construction or other exclusive use, the
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Packet Pg. 619 Attachment: Parking Rates Resolution [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 746 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT G
20 parking rate shall be three times the daily maximum.
SECTION 14. The following rates are established for the Central Beach Zone, lots 3N, 1N, 1S, 2S, and 3S:
1. Summer (April 1 through October 31) parking rates shall be $15.00 per entry.
2. Winter (November 1 through March 31) parking rates shall be $7.00 per entry on weekdays and $10.00 per entry on weekends.
3. Lots or spaces designated for short-term parking shall be $1.00 per hour.
4. Parking for vehicles displaying current and valid disabled placards shall be free.
5. Bus parking shall be six times the daily rate.
6. Recreational vehicle parking shall be four times the daily rate.
7. For parking spaces reserved for construction or other exclusive use, the parking rate shall be three times the daily maximum.
SECTION 15. The following fees are established for the Southern Beach Zone, lots 4S and 5S:
1. Summer (April 1 through October 31) parking rates shall be $10.00 per entry on weekdays and $12.00 per entry on weekends.
2. Winter (November 1 through March 31) parking rates shall be $7.00 per entry on weekdays and $10.00 per entry on weekends.
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Packet Pg. 620 Attachment: Parking Rates Resolution [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 747 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT G
21 3. Lots or spaces designated for short term parking shall be $1.00 per hour.
4. Parking for vehicles displaying current and valid disabled placards shall be free.
5. Patrons of the Sunday morning Main Street Farmers Market shall be eligible to receive a refund of parking fees with proof of a purchase from the market.
No more than one refund shall be issued per person per day.
6. Vendors, staff, and performers of the Main Street Farmers Market shall be eligible for refunds or validations of parking fees.
7. Bus parking shall be three times the daily rate.
8. Recreational vehicle parking shall be four times the daily rate.
9. For parking spaces reserved for construction or other exclusive use, the parking rate shall be three times the daily maximum.
SECTION 16. The following permit rates are established for all beach zones:
1. Permits are available for employees working in a commercial establishment located along the beach or at the Santa Monica Pier at the following rates:
a. Annual $155 per year
b. Semi-Annual $105 per six months
c. Monthly $27 per month
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Packet Pg. 621 Attachment: Parking Rates Resolution [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 748 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT G
22 2. Permits are available for employees working in a commercial establishment located along Main Street south of Pico Boulevard, including businesses on cross streets up to Neilson Way to the west of Main Street and up to Third Street to the east of Main Street, at the following rates:
a. Annual $155 per year
b. Semi-Annual $105 per six months
c. Monthly $20 per month
3. Permits are available for California residents at the following rates:
a. Annual $155 per year
b. Semi-Annual $105 per six months
c. Monthly $27 per month
d. Senior Beach $25 per year
4. Permits are available for residents living within the Beach Zone, at the following rates:
a. Annual Overnight Resident Permit $150 per year
b. Annual Overnight Resident’s Guest Permit $150 per year c. Semi-Annual Overnight Resident Permit $75 per six months d. Semi-Annual Overnight Resident’s Guest Permit $75 per six months
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Packet Pg. 622 Attachment: Parking Rates Resolution [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 749 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT G
23 e. Monthly Overnight Resident Permit $15 per month
f. Monthly Overnight Resident’s Guest Permit $15 per month g. A resident living within the Beach Zone may obtain one free annual resident permit with his or her current and valid disabled placard.
SECTION 17. The following rates are established for Downtown lots 27, 29, and 30:
1. Each thirty minutes shall be $1.25; $17.50 daily maximum.
2. The monthly parking rates shall be:
a. $132.00 per month for permits valid on weekdays only, from 6:00 a.m. to 7:00 p.m. Monday through Friday. Any vehicle parking outside of the valid times shall be subject to payment of the applicable parking rates listed in subsection 1 of this Section 17.
b. $82.50 per month for permits valid on weeknights and weekends only, from 4:00 p.m. to 6:00 a.m., Monday through Thursday, and from 4:00 p.m.
Friday to 6:00 a.m. Monday. Any vehicle parking outside of the valid times shall be subject to payment of the applicable parking rates listed in subsection 1 of this Section 17.
3. Parking for vehicles displaying current and valid disabled placards shall be free.
4. Lots or spaces designated for short-term parking shall be $2.00 per hour.
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Packet Pg. 623 Attachment: Parking Rates Resolution [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 750 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT G
24 5. For parking spaces reserved for construction or other exclusive use, the parking rate shall be three times the daily maximum.
SECTION 18. The following rates are established for Mid-City lots 7, 8, and 12:
1. Each hour shall be $1.00; $14.00 daily maximum.
2. $55.00 per month for permits valid at all times.
3. Parking for vehicles displaying current and valid disabled placards shall be free.
4. For parking spaces reserved for construction or other exclusive use, the parking rate shall be three times the daily maximum.
SECTION 19. The following rates are established for Main Street area lots 9, 10, 11, and 26:
1. Each hour shall be $1.25.
2. The monthly parking permit rate shall be $80.00.
3. Parking for vehicles displaying current and valid disabled placards shall be free.
4. For parking spaces reserved for construction or other exclusive use, the parking rate shall be three times the daily maximum.
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Packet Pg. 624 Attachment: Parking Rates Resolution [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 751 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT G
25 SECTION 20. The applicable parking rates for any parking facility not specified in this Resolution shall be equal to the parking rates for the closest adjacent on-street parking meters.
SECTION 21. In no case may parking rates for any off-street parking facility, including parking structures and parking lots, be increased or decreased more than 50% from the rates established herein. At any time, off-street monthly parking rates may not be increased or decreased more than ten percent with less than 30 days’ notice by posting in the affected facility. In no case shall monthly parking rates be increased or decreased more than 25% at any one time.
SECTION 22. Per the Santa Monica Municipal Code Chapter 3.16.170, the City Manager or designee is authorized to make on-street parking meter rate changes up to 25% not more than twice per year based on the City’s planning and transportation policies including the Land Use and Circulation Element (“LUCE”). Therefore, the following fees shall be established for all on-street parking meters and pay machines:
1. July 2012 to June 2019:
a. Downtown Meter Zone - $2.00 per hour
b. Beach Meter Zone - $2.00 per hour
c. Citywide (“All Other”) Meter Zone - $1.00 per hour
2. Effective July 1, 2019:
a. Downtown Meter Zone - $2.50 per hour
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Packet Pg. 625 Attachment: Parking Rates Resolution [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 752 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT G
26 b. Beach Meter Zone - $2.50 per hour
c. Citywide (“All Other”) Meter Zone - $1.25 per hour
SECTION 23. The following fees shall be established for all preferential parking zones:
1. Annual permits shall be as follows:
a. Resident permits
i. First permit shall be $21.65;
ii. Second permit shall be $26.81;
iii. Third permit shall be $43.30;
iv. Fourth permit, and any additional permits, shall be $67.02 each. b. Visitor permits shall be $32.99 each.
c. A second permit, and any additional permits, for Zone P (Barnard Way) shall be $103.10.
2. Permits valid for six months or less shall be as follows:
a. Resident permits
i. First permit shall be $12.37;
ii. Second permit shall be $17.53;
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Packet Pg. 626 Attachment: Parking Rates Resolution [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 753 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT G
27 iii. Third permit shall be $27.84;
iv. Fourth permit, and any additional permits, shall be $38.15 each. b. Visitor permits shall be $16.50 each.
c. A second permit, and any additional permits, for Zone P (Barnard Way) shall be $51.55.
d. A thirty-day temporary new resident permit shall be free. e. A one-day visitor permit picked up from the City Parking Office shall be $2.00.
f. A one-day visitor permit self-printed by the resident shall be free.
SECTION 24. The City reserves the right to round the parking fees down to the nearest whole dollar.
SECTION 25. Preferential parking permits for employees of businesses and commercial property owners, as set forth in Santa Monica Municipal Code Chapter 3.10, are available for $32.99 per three months.
SECTION 26. In accordance with SMMC 3.12.830 (b), Driveway parking permits are available to an owner or occupant of a single-unit commercial property for on-street parking in front of the driveway of that commercial property for $30.93 per year.
SECTION 27. Parking permits for overnight parking in residential areas for oversized vehicles may be issued by the City upon application of any person and are
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Packet Pg. 627 Attachment: Parking Rates Resolution [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 754 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT G
28 subject to the provisions in SMMC 3.12.900. Parking permits for overnight parking in residential areas for oversized vehicles shall be free.
SECTION 28. Short-term reserved parking may be purchased, if available, in any parking lot or parking structure for events, including, but not limited to, filming, construction or local events, at three times the maximum parking rate.
SECTION 29. In addition to the rates set forth above, for all parking spaces designated for use of public electric vehicle charging stations, whether off-street or onstreet, there shall be an additional overstay charge of $1.00 per minute for any vehicle that remains parked in the space beyond the maximum posted time allowed for charging in that space. The overstay charge shall be imposed beginning five minutes after the expiration of the maximum posted time allowed for charging in the space. The maximum overstay charge shall be $53.00. The overstay charge may be automatically charged to the account being used by a vehicle to charge at a smart public electric vehicle charging station.
SECTION 30. All parking rates and permit fees shall be per vehicle for the specified period and non-refundable once issued.
SECTION 31. All permits shall incur replacement fees as follows:
1. First replacement for a stolen permit shall be free only with a copy of a police report.
2. Second replacement for a stolen permit shall be 50% of the original permit rate only with a copy of a police report.
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Packet Pg. 628 Attachment: Parking Rates Resolution [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 755 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT G
29 3. Third replacement for a stolen permit, any replacement for a lost permit, or replacement of a stolen permit without a copy of a police report shall be replaced upon payment of the full rate.
SECTION 32. Parking passes or permits that are issued via access cards shall require payment of an initial non-refundable fee of $10.00.
SECTION 33. All off-street parking rates set forth in this Resolution include parking facility tax in accordance with SMMC 6.70.020.
SECTION 34. The City Manager, or the Director of the Department of Transportation, is hereby authorized to waive parking fees, other than the overstay charge for parking spaces designated for use of public electric vehicle charging stations, for those attending City meetings and City-sponsored events that are free and open to the public, if the City Manager, or the Director of the Department of Transportation, determines that such waiver is in the City’s best interest, which may include, but not be limited to:
facilitating participation in the City’s public meetings, furthering Council policies, and encouraging participation in the City-sponsored events.
SECTION 35. The City Manager, or the Director of the Department of Transportation, is hereby authorized to issue parking permits to other governmental agencies to use in the course of business at no charge, if determined that such waiver is in the City’s best interest.
SECTION 36. Resolution No. 11402 (CCS), adopted by the City Council on February 22, 2022, is repealed in its entirety as of the effective date of the parking rates
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Packet Pg. 629 Attachment: Parking Rates Resolution [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 756 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT G
30 set forth in this Resolution, with the exception that to the extent any parking rates in this Resolution are determined to require Coastal Commission approval, those parking rates as previously set forth in Resolution No. 11402 (CCS) shall remain in effect until Coastal Commission approval of those parking rates is obtained.
SECTION 37. If there are any conflicts between the parking rates adopted in this Resolution and any parking rates adopted by prior resolution, the rates adopted in this Resolution shall take precedence.
SECTION 38. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_______________________
DOUGLAS T. SLOAN
City Attorney
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Packet Pg. 630 Attachment: Parking Rates Resolution [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 757 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT H
City Council Meeting: June 28, 2022 Santa Monica, California RESOLUTION NUMBER ________(CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR THE FOLLOWING NEW OR EXISTING CLASSIFICATIONS: ADMINISTRATIVE AIDE,
ADMINISTRATIVE INTERN, ADMINISTRATIVE INTERN II, ASSISTANT CITY
ATTORNEY, ASSISTANT TO THE CITY MANAGER, COMMUNITY & CULTURAL
SERVICES ASSISTANT, BUSINESS LICENSE INSPECTOR, COMMUNITY
PARTNERSHIPS MANAGER, CROSSING GUARD, EXECUTIVE ADMINISTRATOR
TO THE CITY MANAGER, FACILITIES ATTENDANT, LABORER TRAINEE, LIBRARY
ASSISTANT I, LIBRARY PAGE, MOTOR COACH OPERATOR TRAINEE, PIER AND
BEACH ADMINISTRATOR, POLICE CADET, PRODUCTION ASSISTANT, PUBLIC
SERVICES ADMINISTRATOR, PUBLIC INFORMATION MANAGER, TRAFFIC
ENGINEER, URBAN FOREST COORDINATOR, VIDEO INTERN, VIDEO
TECHNICIAN I, VIDEO TECHNICIAN II, AND YOUTH AND FAMILY SERVICES PROGRAM ADMINISTRATOR.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The following salary levels are hereby established, effective July 3, 2022, for the indicated permanent classifications:
Assistant City Attorney $286,320/annual, Step 5
Assistant to the City Manager $164,544/annual, Step 5
Business License Inspector $82,236/annual, Step 5
Community Partnerships Manager $153,336/annual, Step 5
Executive Administrator to the City Manager $122,724/annual, Step 5 Library Assistant I $58,800/annual, Step 5
Pier and Beach Administrator $137,616/annual, Step 5
Public Services Administrator $134,868/annual, Step 5
Public Information Manager $162,504/annual, Step 5
Traffic Engineer $140,736/annual, Step 5
Urban Forest Coordinator $72,840/annual, Step 5
Youth and Family Services Program Administrator $117,396/annual, Step 5 In addition, classifications listed in Section 1 also will receive any City Council approved salary increases that become effective on July 3, 2022, provided the classifications are in bargaining units that are receiving an increase.
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Packet Pg. 631 Attachment: Salary Resolution (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Budget)
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Packet Pg. 758 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT H
SECTION 2. The following salary levels are hereby established, effective July 3, 2022, for the indicated as-needed classifications:
Administrative Aide $18.17/hour, Step 1
Administrative Intern $18.17/hour, Step 1
Administrative Intern II $19.53/hour, Step 1
Community & Cultural Services Assistant $18.17/hour, Step 1 Crossing Guard $18.17/hour, Step 1
Facilities Attendant $18.17/hour, Step 1
Laborer Trainee $18.17/hour, Step 1
Library Page $18.17/hour, Step 1
Motor Coach Operator Trainee $18.17/hour, Step 1
Police Cadet $18.17/hour, Step 1
Production Assistant $18.17/hour, Step 1
Video Intern $18.17/hour, Step 1
Video Technician I $18.17/hour, Step 1
Video Technician II $19.53/hour, Step 1
SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
Douglas T. Sloan
City Attorney
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Packet Pg. 632 Attachment: Salary Resolution (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Budget)
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Packet Pg. 759 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
POSITION AND CLASSIFICATION CHANGES
ATTACHMENT I
FUND DEPT FTE POSITION TITLE FUND DEPT FTE POSITION TITLE 01 City
Council 1.0 Staff Assistant III 01 City Council 1.0 Administrative Staff Assistant 1 Add/Delete - 53 CDD 1.0 Pier Administrator 53 CDD 1.0 Pier and Beach Administrator 1 Reclassification - 01 DOT 1.0 Transportation Engineer 01 DOT 1.0 Traffic Engineer 2 Title change - 01 Police 1.0 Youth and Family Services Support
Coordinator 01 Police 1.0 Youth and Family Services Program Administrator 1 Reclassification -
01 Police 1.0 Crime Prevention Coordinator 01 Police 1.0 Public Information Coordinator Reclassification - 01 PW 2.0 Urban Forest Supervisor 01 PW 2.0 Urban Forest Coordinator 1 Reclassification - 01 PW 0.5 Public Works Inspector 3 Add 0.5
PERMANENT EMPLOYEES TOTAL 0.5 FTE
DELETE ADD
REASON NET FTE
CHANGE
1 Cost of the position/position change will be offset by savings and/or the reallocation of budgeted funds within department budgets, resulting in a net zero impact to the budget. 2 Position change has no net impact to the budget.
3 Cost of the position will be offset by additional revenues .
June 28, 2022
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Packet Pg. 633 Attachment: Position and Classification Changes (4755 : Adoption of FY2022-23 Operating and CIP
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Packet Pg. 760 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast
ATTACHMENT J
1 City Council Meeting: June 28, 2022 Santa Monica, California
RESOLUTION NO. ____ (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING THE GANN APPROPRIATIONS LIMIT FOR
THE FISCAL YEAR 2022-23
WHEREAS, pursuant to the provisions of Government Code section 7910 and Article XIIIB of the California Constitution, the City Council of the City of Santa Monica (the “City Council”) is required to establish its appropriations limit by resolution; and WHEREAS, pursuant to Government Code sections 7901 and 7910, the final calculation of the appropriations limit has been determined, and the adjustment factors on which the calculation is based are a 7.55% change in the State of California per capita personal income and a -0.71% change in population growth for the County of Los Angeles; and
WHEREAS, documentation used in the determination of the appropriations limit has been available to the public for at least fifteen (15) days prior to adoption as required by Government Code section 7910.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
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Packet Pg. 634 Attachment: Gann Appropriations Limit Resolution (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 761 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT J
2 SECTION 1. For purposes of Article XIIIB of the California Constitution, the City of Santa Monica appropriations limit for the Fiscal Year 2022-23 shall be $2,708,057,642 calculated as follows:
FY 2021-22 Gann Limit a $2,535,966,926
Factors
State Per Capita Personal Income Change b 1.07550
County Population Change c 0.99290 =
Total adjustment factor (b*c) X 1.06786
FY 2022-23 Gann Limit $2,708,057,642
a
As adopted by City Council on June 22, 2021 (Resolution No. 11347 CCS) b,c Per State Department of Finance – May 2022
SECTION 2. The City Clerk shall certify to the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_______________________
DOUGLAS T. SLOAN
City Attorney
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Packet Pg. 635 Attachment: Gann Appropriations Limit Resolution (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 762 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT K
1 City Council Meeting: June 28, 2022 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ADOPTING PROJECT FOR FISCAL YEAR 2022- 23 FUNDED BY
SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
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Packet Pg. 636 Attachment: SB1 Road Repair and Accountability Act Resolution FY 2022-23 (4755 : Adoption of FY2022-23 Operating and CIP Budget and
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Packet Pg. 763 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT K
2 WHEREAS, the City will receive an estimated Two Million One Hundred and Nineteen Thousand One Hundred and Seventy-Four Dollars ($2,119,174) in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, in Fiscal Year 2022-23 the City is receiving SB 1 funding that will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a public process to ensure public input into our community’s transportation priorities; and
WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the City’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate two (2) streets/roads throughout the City this year; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “good” condition and this revenue will help maintain the overall quality of the City’s road system; and
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Packet Pg. 637 Attachment: SB1 Road Repair and Accountability Act Resolution FY 2022-23 (4755 : Adoption of FY2022-23 Operating and CIP Budget and
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Packet Pg. 764 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT K
3 WHEREAS, the SB 1 project list and overall investment in the City’s local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2022-23 and prior Fiscal Year(s) unprogrammed Road Maintenance and Rehabilitation Account revenues:
Revenue: $2,119,174
Project Name/Location: Annual Paving and Sidewalk Repair Program - Project is located along Wilshire Boulevard and Ocean
Avenue in the Ocean Park and Wilshire-Montana
neighborhoods.
Project Description: The Annual Paving and Sidewalk Repair Program upgrades and repairs streets, curbs, gutters, curb ramps, bus pads, and other related surface features in the public right of way. The neighborhoods identified are subject to change based on City priorities and ongoing needs assessment.
Estimated Useful Life: 27 years
Estimated Project Schedule: Start: October 2022
End: October 2023
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Packet Pg. 638 Attachment: SB1 Road Repair and Accountability Act Resolution FY 2022-23 (4755 : Adoption of FY2022-23 Operating and CIP Budget and
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Packet Pg. 765 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT K
4 SECTION 3. The Annual Paving and Sidewalk Repair Project budget for Fiscal Year 2022-23 is amended as follows:
Appropriate Road Maintenance and Rehabilitation Account funding to C2604600.689610.99005.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
DOUGLAS T. SLOAN
City Attorney
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Packet Pg. 639 Attachment: SB1 Road Repair and Accountability Act Resolution FY 2022-23 (4755 : Adoption of FY2022-23 Operating and CIP Budget and
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Packet Pg. 766 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Contract No. 10684
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement"), entered into as of __,__-""'·-'=-----L�, 20_L1,. ("Execution Date"), by and between the City of Santa Monica ("City") and West Coast Care Foundation, Inc. ("Consultant"), is made with reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. The Consultant is qualified to do business, and is doing business, in the State of California. The Consultant represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Agreement.
C. The City and the Consultant now desire to enter into an agreement for the consultant to provide professional services to the City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERMS AND CONDITIONS
1. Term. This Agreement begins on the Execution Date and terminates on June 30, 2019, unless sooner terminated in accordance with Section 14.
1.1 Option to Extend. The City, in its sole and complete discretion, shall have the option to renew the agreement for up to (3) additional (1) year periods ("Extension Term"). The City may exercise its option by letter to the Contractor fron, its City Manager, and the exercise of the option shall automatically extend the term of this Agreement up through the extension period.
2. Compensation. The City will compensate the Consultant for the Services performed in an amount not to exceed $250,000, for the term of this agreement as set forth in Exhibit B, Budget. The total compensation for the term of this agreement and any Extension Term shall not exceed $1,000,000 as set forth in Exhibit B, Budget.
3. Consultant Services. The Consultant will perform all of the services ("Services") described in Exhibit A, Scope of Services. The Consultant will complete the Services in accordance with Exhibit B, Budget.
4. City Services. The City agrees to:
4.1 Make available to the Consultant any currently existing documents, data or information required for the performance of the Services.
4.2 Designate a representative authorized to act on behalf of City. - 1 -
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Packet Pg. 640 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
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Packet Pg. 767 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
4.3 Promptly examine and render findings on all documents submitted for staff review by the Consultant.
5. Compensation. The City will compensate the Consultant for the Services performed in an amount not to exceed $250,000, as set forth in Exhibit B.
6. Invoices. The Consultant will invoice the City for the Services in accordance with Exhibit B and the City will pay any undisputed amount within 30 days of receipt.
7. 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:
7 .1 All notices, demands, requests or approvals to the City:
Police Department
City of Santa Monica
333 Olympic Drive
Santa Monica, California 90401
Attention: Neela Patel, Senior Administrative Analyst, Police Re: Contract No. 10684
with a copy to:
Santa Monica City Attorney's Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 10684
7 .2 All notices, demands, requests or approvals to the Consultant:
West Coast Care Foundation, Inc.
8218 Belford Avenue
Los Angeles, CA 90045
Attention: Lenore Hooks
Re: Contract No. 10684
8. 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 the Consultant or any of the Consultant's agents, employees, or subconsultants, except as otherwise provided in this Agreement.
9. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral - 2 -
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ATTACHMENT O
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Packet Pg. 641 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
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Packet Pg. 768 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) 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 the Consultant, and approved as to form by the City Attorney.
10. Insurance. Prior to commencing work, the Consultant must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by the Consultant or the Consultant's agents, representatives, employees or subconsultants for the duration of this Agreement. The Consultant must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.
11. Defense and Indemnification.
11. 1 Indemnification. As to the Consultant's Services produced under this Agreement, the Consultant 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 acts, errors and/ or omissions of the Consultant, or the Consult�nt's employees, agents, officers, and subconsultants. The Consultant'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 the Consultant, its employees, agents or officers, or subconsultants; provided, however, that the Consultant's duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City. Notwithstanding the Consultant's obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from the Consultant, if City chooses to do so.
11.2 Enforcement Costs. The Consultant agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10. L
12. Prohibition Against Transfers.
12.1 The Consultant may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City's consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attem.pted assignment, hypothecation or transfer.
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ATTACHMENT O
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Packet Pg. 642 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
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Packet Pg. 769 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
12.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of the Consultant or of any general partner or joint venturer or syndicate member of the Consultant, if a partnership or joint venture or syndicate exists, which results in changing the control of the Consultant, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.
13. Permits and Licenses. The Consultant, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.
14. 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.
15. Default and Termination.
15.1 If the Consultant fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City's written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to the Consultant.
15.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days' written notice to the Consultant. Upon termination of this Agreement, City will pay the Consultant any compensation earned and unpaid up to the effective date of termination.
16. Compliance with Law. The Consultant must comply with all laws of the State of California and the United States, and all ordinances, rules, and regulations enacted or issued by City.
17. Discrimination. The Consultant may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.
18. Nuisance. The Consultant may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.
19. Records.
19.l The Consultant must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. The Consultant must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.
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ATTACHMENT O
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Packet Pg. 643 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
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Packet Pg. 770 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
19.2 The Consultant must maintain records in s_ufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. The Consultant must clearly identify all records and make them readily accessible to the City. At the City's request, the Consultant must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.
19.3 The Consultant must allow the City to have free access to the Consultant's books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit the Consultant's records, and the Consultant agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by the Consultant, the Consultant agrees to pay the cost of the City's audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.
20. Work Product; Reports.
20.1 Any work product prepared or caused to be prepared by the Consultant or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by the Consultant or any subconsultant pursuant to this Agreement may be made available to any individual or organization by the Consultant without prior written approval by City.
20.2 At the City's request, the Consultant must furnish reports concerning the status of the Services.
21. Standard of Care. The Consultant agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of the Consultant's profession currently practicing in the same locality under similar conditions.
22. Subconsultants.
22.1 If the Consultant proposes to have any subconsultant perform any part of the Services, the Consultant must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant's services. The City, in its sole discretion, may grant or deny the request.
22.2 The Consultant will be responsible for the quality of any subconsultant' s work.
Every subcontract or agreement of any kind entered into between the Consultant and any subconsultant (or between any subconsultant and others) must contain the following provision:
This agreement is consistent with all terms and conditions of the Agreement No. 10684 (CCS) entered into between the City of Santa Monica and the Consultant on -----
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ATTACHMENT O
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Packet Pg. 644 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
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Packet Pg. 771 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
23. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
24. Venue and Jurisdiction. The City and the Consultant agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
25. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature nmst 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 terrn.ination of this Agreement.
26. Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.
Exhibit A
Exhibit B
Exhibit C
Scope of Services
Budget
Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.
ATTEST:
df1iui Ji()dtuJAn-U�
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
LANE DILG
City Attorney
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CITY OF SANTA MONICA,
West Coast Care Foundation, Inc.
By: -------,,- ---:;;.-1"'""- ---:-----:a.------;------- Name: --,L"""'-""'C.�=-c.--=--=_:_=----�----
Title: -----"'=--===�.«....<::=-----'-"''-1.p,,.:>._<.,"'-'-'= August 2017
ATTACHMENT O
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Packet Pg. 645 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
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Packet Pg. 772 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Exhibit A
Scope of Services
Performance Requirements - Consultant's Services
Consultant shall dedicate a minimum of three (3) employees to the Joint Homeless Outreach Service Provider Program to provide all of the following services ("Services") on a daily basis:
Perform daily outreach and intervention services to homeless persons within a geographic service area that will be determined by the Santa Monica Police Department's Homeless Liaison Program ("HLP") Team upon the basis of police calls for service, and/or service needs as demonstrated by the Homeless Services Registry, or other service-related data.
Provide up to seven-day-per-week availability during a wide range of variable hours for special operations according to the needs of the program, the geographic area to be served, and the working hours of the HLP Team (which vary according to team objectives). Generally, services will be provided during weekdays and may include early morning hours or late night hours.
Provide availability via telephone to the Santa Monica Police Department, other interrelated social service providers, and clients around the clock while assisting the HLP T earn with its mission.
Provide accessibility via email.
Go out each day in a systematic pattern within an established service area to contact homeless persons who are living on the streets of Santa Monica, and provide face-to-face intervention/ outreach efforts on the street where homeless persons are found.
Provide the constant care, incentive, and information necessary to encourage individuals to change behavior contributing to their homelessness.
Provide recent arrivals with information they need to provide alternatives to taking up residency on the streets of Santa Monica, such as referrals to service providers in areas such persons have left from or wish to return to.
Provide/ coordinate transportation to reunite qualified subjects with family members via the "Project Homecoming" program, or other relocation resources provided by the City or other social service providers.
Provide transportation to court (for subjects who do not qualify for Project Homecoming because of outstanding warrants) and stand by in court to advocate for resolutions that will allow subjects to be returned to family members.
Provide referrals to local service providers and ensure follow up. As needed, provide transportation of subjects to various area care providers and interact with care provider to
ATTACHMENT O
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Packet Pg. 646 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
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Packet Pg. 773 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) ensure that the referral will adequately address eachsubject'sneeds or circumstances.
Provide notification to the Santa Monica Police Department regarding potential criminal activity encountered during outreach efforts in order to allow the HLP Team to promptly formulate a proper law enforcement response.
Attend community and business meetings with HLP team members to provide a social service perspective on situations.
Client Record Maintenance
Consultant shall comply with the following client record maintenance requirements:
Provide case management and follow-up services for program clients. This includes but is not limited to Santa Monica City Attorney emails and telephone calls, conversations and meetings with hospital staff, follow-up with psychiatric services, interacting with Santa Monica Human Services personnel regarding exchange of ideas and information, and follow-up with other social service providers.
Through program resources administered by the Santa Monica Police Department, procure and distribute homelessness resources (temporary housing vouchers, homeless service provider information, Project Homecoming information, etc.) to homeless population as necessary.
Accept referrals from the HLP Team that are received via the HLP team non-emergency community help line and offer assistance to Santa Monica residents and businesses that are having homelessness-related problems.
Provide monthly and quarterly activity reports including results of monthly census, log of daily activities, number of daily contacts, number of persons relocated, outcomes of post-relocation follow- up, hours worked by service provider employees, and other additional information as determined by the program administrator.
Provide detailed, monthly billing for services, including a specific breakdown of salary and benefit costs for employees and managers, line-item detail of non-salary supplies and expenses, and overhead costs for maintaining communications, transportation, insurance, and facilities.
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Packet Pg. 647 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
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Packet Pg. 774 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) ExhibitB
Budget
The Consultant shall provide a minimum of two employees dedicated to the Joint Homeless Outreach Service Provider Program to provide services on a daily basis. The Consultant shall submit monthly invoices and supporting documentation with details of all Services provided and overhead costs incurred for City review and approval.
The Consultant shall be compensated for approved services and overhead costs in an amount not to exceed $250,000 per year for the term of the agreement. Estimated monthly cost is $20,833 as follows: Salary and benefits costs for an outreach coordinator, an administrator, an outreach staff person and a joint outreach assistant - $19,500; overhead to include communications equipment, vehicle and transportation costs, insurance, accounting fees, outreach supplies, such as food gift cards, bus tokens, water and granola bars, and facilities management - $1,333.
Any additional term of this agreement will be based on the same budgeted amounts.
The total compensation for the term of this agreement and any Extenstion Term shall not exceed One Million Dollars ($1,000,000.00).
ATTACHMENT O
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Packet Pg. 648 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
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Packet Pg. 775 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Exhibit C
Insurance Requirements and Verifications
Professional Services Agreement Insurance Requirements
No Professional Liability Insurance Required
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering COL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Workers' Compensation insurance as required by the State of California, with Statutory Limits and Employers' Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #l).
If the Consultant maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica req11ires and shall be entitled to any broader coverage and higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the COL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in
ATTACHMENT O
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Packet Pg. 649 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
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Packet Pg. 776 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) connection with such work or operations. COL coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of a combination of (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and (2) CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Consultant's insurance shall be primary coverage at least as broad as Insurance Services Offices Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Consultant to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Santa Monica.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current AM. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Verification of Coverage
Consultant shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents
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12.A.o
Packet Pg. 650 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
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Packet Pg. 777 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) prior to the work beginning shall not waive the Consultant's obligation to provide them.
The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.
Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Consultant resulting from said breach.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.
Footnotes
# 1: Workers' Compensation insurance coverage is not required if the Consultant does not have employees. The Consultant must, however, execute the City's Workers' Compensation Coverage Exemption Declaration Form.
ATTACHMENT O
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Packet Pg. 651 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
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Packet Pg. 778 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) FIRST MODIFICATION OF AGREEMENT NO. 10684 (CCS)
This First Modification of Agreement Number 10684 (CCS) (“First Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica (“City”), a municipal corporation, and West Coast Care Foundation, Inc (“Consultant”) is made with reference to the following:
RECITALS
A. On or about June 24, 2018, the City and Consultant entered into Agreement Number 10684 (CCS) for homeless outreach services (“Original Agreement”).
B. The City and Consultant now desire to modify the Original Agreement to extend the initial term of the Agreement and to adjust accordingly the compensation paid to the Consultant.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Section 1 of the Original Agreement entitled “Term” is hereby deleted and replaced with the following:
“Term. This Agreement begins on the Execution Date and terminates on June 30, 2021, unless sooner terminated in accordance with Section 14.
1.1 Option to Extend. The City, in its sole discretion, shall have the option to renew the Agreement for one (1) additional one-year period (“Extension Term”). The City may exercise this option by sending written notice to Consultant, after which the term of this Agreement shall be automatically extended through the Extension Term.”
2. Section 4 of the Original Agreement entitled “Compensation” is hereby deleted and replaced with the following:
Compensation. The City will compensate the Consultant for the Services performed in an amount not to exceed $150,000 for the term of this Agreement and in the manner set forth in Exhibit B-1, Budget. The total compensation for the term of this Agreement and any Extension Term shall not exceed $1,000,000 as set forth in Exhibit B-1.
3. Exhibit B to the Original Agreement shall be replaced and superseded with Exhibit B-1, a copy of which is attached hereto and incorporated herein by this reference.
DocuSign Envelope ID: A567D687-AB48-4307-8272-69BAB9CE53AC 6/25/2020
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12.A.o
Packet Pg. 652 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
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Packet Pg. 779 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
4. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: A567D687-AB48-4307-8272-69BAB9CE53AC 6/24/2020
George S. Cardona
Interim City Attorney
6/24/2020
RH
West Coast Care
Ron Hooks
City Attorney
Lane Dilg
6/25/2020 6/25/2020
City Clerk
Denise Anderson-Warren
ATTACHMENT O
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Packet Pg. 653 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
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Packet Pg. 780 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Exhibit A
Scope of Services
Performance Requirements - Consultant's Services
Consultant shall dedicate a minimum of three (3) employees to the Joint Homeless Outreach Service Provider Program to provide all of the following services ("Services") on a daily basis:
Perform daily outreach and intervention services to homeless persons within a geographic service area that will be determined by the Santa Monica Police Department's Homeless Liaison Program (“HLP”) Team upon the basis of police calls for service, and/or service needs as demonstrated by the Homeless Services Registry, or other service-related data.
Provide up to seven-day-per-week availability during a wide range of variable hours for special operations according to the needs of the program, the geographic area to be served, and the working hours of the HLP Team (which vary according to team objectives). Generally, services will be provided during weekdays and may include early morning hours or late night hours.
Provide availability via telephone to the Santa Monica Police Department, other interrelated social service providers, and clients around the clock while assisting the HLP Team with its mission.
Provide accessibility via email.
Go out each dayin a systematic pattern within an established service area to contact homeless persons who are living on the streets of Santa Monica, and provide face-to-face intervention/outreach efforts on the streetwhere homeless persons are found.
Provide the constant care, incentive, and information necessary to encourage individuals to change behavior contributing to their homelessness.
Provide recent arrivals with information they need to provide alternatives to taking up residency on the streets of Santa Monica, such as referrals to service providers in areas such persons have left from or wish to return to.
Provide/coordinate transportation to reunite qualified subjects with family members via the "Project Homecoming" program, or other relocation resources provided by the City or other social service providers.
Provide transportation to court (for subjects who do not qualify for Project Homecoming because of outstanding warrants) and stand by in court to advocate for resolutions that will allow subjects to be returned to family members.
Provide referrals to localservice providers and ensure follow up. Asneeded, provide transportation of subjects to various area care providers and interact with care provider to ensure that the referral will adequately address eachsubject's needs orcircumstances.
Provide notification to the Santa Monica Police Department regarding potential criminal DocuSign Envelope ID: A567D687-AB48-4307-8272-69BAB9CE53AC
ATTACHMENT O
O-15
12.A.o
Packet Pg. 654 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
5.L.c
Packet Pg. 781 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) activity encountered during outreach efforts in order to allow the HLP Team to promptly formulate a proper law enforcement response.
Attend community and business meetings with HLP team members to provide a social service perspective on situations.
Client Record Maintenance
Consultant shall comply with the following client record maintenance requirements:
Provide case management and follow-up services for program clients. This includes but is not limited to Santa Monica City Attorney emails and telephone calls, conversations and meetings with hospital staff, follow-up with psychiatric services, interacting with Santa Monica Human Services personnel regarding exchange of ideas and information, and follow-up with other social service providers.
Through program resources administered by the Santa Monica Police Department, procure and distribute homelessness resources (temporary housing vouchers, homeless service provider information, Project Homecoming information, etc.) to homeless population as necessary.
Accept referrals from the HLP Team that are received via the HLP team non-emergency community help line and offer assistance to Santa Monica residents and businesses that are having homelessness-related problems.
Provide monthly and quarterly activity reports including results of monthly census, log of daily activities, number of daily contacts, number of persons relocated, outcomes of post-relocation follow- up, hours worked by service provider employees, and other additional information as determined by the program administrator.
Provide detailed, monthly billing for services, including a specific breakdown of salary and benefit costs for employees and managers, line-item detail of non-salary supplies and expenses, and overhead costs for maintaining communications, transportation, insurance, and facilities.
DocuSign Envelope ID: A567D687-AB48-4307-8272-69BAB9CE53AC
ATTACHMENT O
O-16
12.A.o
Packet Pg. 655 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
5.L.c
Packet Pg. 782 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Exhibit B-1
Budget
The Consultant shall provide a minimum of two employees dedicated to the Joint Homeless Outreach Service Provider Program to perform the Services on a daily basis.
Consultant shall submit monthly invoices and supporting documentation with details of all Services provided and overhead costs incurred to the City for its review and approval.
The Consultant shall be compensated for all services and overhead costs approved by the City in an amount not to exceed $150,000 for each year of the Agreement Term.
The monthly overhead costs for Consultant are estimated to be $12,500 and includes the salary and benefits costs for an outreach coordinator, an administrator, an outreach staff person, and a joint outreach assistant.
Any Extension Term of this Agreement shall be based on the same budgeted amounts.
The total amount of compensation paid to Consultant for the Term of this Agreement and for any Extension Term shall not exceed $1,000,000.00.
DocuSign Envelope ID: A567D687-AB48-4307-8272-69BAB9CE53AC
ATTACHMENT O
O-17
12.A.o
Packet Pg. 656 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
5.L.c
Packet Pg. 783 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) FIRST MODIFICATION OF AGREEMENT NO. 10684 (CCS)
This First Modification of Agreement Number 10684 (CCS) (“First Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica (“City”), a municipal corporation, and West Coast Care Foundation, Inc (“Consultant”) is made with reference to the following:
RECITALS
A. On or about June 24, 2018, the City and Consultant entered into Agreement Number 10684 (CCS) for homeless outreach services (“Original Agreement”).
B. The City and Consultant now desire to modify the Original Agreement to extend the initial term of the Agreement and to adjust accordingly the compensation paid to the Consultant.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Section 1 of the Original Agreement entitled “Term” is hereby deleted and replaced with the following:
“Term. This Agreement begins on the Execution Date and terminates on June 30, 2021, unless sooner terminated in accordance with Section 14.
1.1 Option to Extend. The City, in its sole discretion, shall have the option to renew the Agreement for one (1) additional one-year period (“Extension Term”). The City may exercise this option by sending written notice to Consultant, after which the term of this Agreement shall be automatically extended through the Extension Term.”
2. Section 4 of the Original Agreement entitled “Compensation” is hereby deleted and replaced with the following:
Compensation. The City will compensate the Consultant for the Services performed in an amount not to exceed $150,000 for the term of this Agreement and in the manner set forth in Exhibit B-1, Budget. The total compensation for the term of this Agreement and any Extension Term shall not exceed $1,000,000 as set forth in Exhibit B-1.
3. Exhibit B to the Original Agreement shall be replaced and superseded with Exhibit B-1, a copy of which is attached hereto and incorporated herein by this reference.
DocuSign Envelope ID: A567D687-AB48-4307-8272-69BAB9CE53AC 6/25/2020
ATTACHMENT O
O-18
12.A.o
Packet Pg. 657 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
5.L.c
Packet Pg. 784 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
4. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: A567D687-AB48-4307-8272-69BAB9CE53AC 6/24/2020
George S. Cardona
Interim City Attorney
6/24/2020
RH
West Coast Care
Ron Hooks
City Attorney
Lane Dilg
6/25/2020 6/25/2020
City Clerk
Denise Anderson-Warren
ATTACHMENT O
O-19
12.A.o
Packet Pg. 658 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
5.L.c
Packet Pg. 785 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Exhibit A
Scope of Services
Performance Requirements - Consultant's Services
Consultant shall dedicate a minimum of three (3) employees to the Joint Homeless Outreach Service Provider Program to provide all of the following services ("Services") on a daily basis:
Perform daily outreach and intervention services to homeless persons within a geographic service area that will be determined by the Santa Monica Police Department's Homeless Liaison Program (“HLP”) Team upon the basis of police calls for service, and/or service needs as demonstrated by the Homeless Services Registry, or other service-related data.
Provide up to seven-day-per-week availability during a wide range of variable hours for special operations according to the needs of the program, the geographic area to be served, and the working hours of the HLP Team (which vary according to team objectives). Generally, services will be provided during weekdays and may include early morning hours or late night hours.
Provide availability via telephone to the Santa Monica Police Department, other interrelated social service providers, and clients around the clock while assisting the HLP Team with its mission.
Provide accessibility via email.
Go out each dayin a systematic pattern within an established service area to contact homeless persons who are living on the streets of Santa Monica, and provide face-to-face intervention/outreach efforts on the streetwhere homeless persons are found.
Provide the constant care, incentive, and information necessary to encourage individuals to change behavior contributing to their homelessness.
Provide recent arrivals with information they need to provide alternatives to taking up residency on the streets of Santa Monica, such as referrals to service providers in areas such persons have left from or wish to return to.
Provide/coordinate transportation to reunite qualified subjects with family members via the "Project Homecoming" program, or other relocation resources provided by the City or other social service providers.
Provide transportation to court (for subjects who do not qualify for Project Homecoming because of outstanding warrants) and stand by in court to advocate for resolutions that will allow subjects to be returned to family members.
Provide referrals to localservice providers and ensure follow up. Asneeded, provide transportation of subjects to various area care providers and interact with care provider to ensure that the referral will adequately address eachsubject's needs orcircumstances.
Provide notification to the Santa Monica Police Department regarding potential criminal DocuSign Envelope ID: A567D687-AB48-4307-8272-69BAB9CE53AC
ATTACHMENT O
O-20
12.A.o
Packet Pg. 659 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
5.L.c
Packet Pg. 786 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) activity encountered during outreach efforts in order to allow the HLP Team to promptly formulate a proper law enforcement response.
Attend community and business meetings with HLP team members to provide a social service perspective on situations.
Client Record Maintenance
Consultant shall comply with the following client record maintenance requirements:
Provide case management and follow-up services for program clients. This includes but is not limited to Santa Monica City Attorney emails and telephone calls, conversations and meetings with hospital staff, follow-up with psychiatric services, interacting with Santa Monica Human Services personnel regarding exchange of ideas and information, and follow-up with other social service providers.
Through program resources administered by the Santa Monica Police Department, procure and distribute homelessness resources (temporary housing vouchers, homeless service provider information, Project Homecoming information, etc.) to homeless population as necessary.
Accept referrals from the HLP Team that are received via the HLP team non-emergency community help line and offer assistance to Santa Monica residents and businesses that are having homelessness-related problems.
Provide monthly and quarterly activity reports including results of monthly census, log of daily activities, number of daily contacts, number of persons relocated, outcomes of post-relocation follow- up, hours worked by service provider employees, and other additional information as determined by the program administrator.
Provide detailed, monthly billing for services, including a specific breakdown of salary and benefit costs for employees and managers, line-item detail of non-salary supplies and expenses, and overhead costs for maintaining communications, transportation, insurance, and facilities.
DocuSign Envelope ID: A567D687-AB48-4307-8272-69BAB9CE53AC
ATTACHMENT O
O-21
12.A.o
Packet Pg. 660 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
5.L.c
Packet Pg. 787 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Exhibit B-1
Budget
The Consultant shall provide a minimum of two employees dedicated to the Joint Homeless Outreach Service Provider Program to perform the Services on a daily basis.
Consultant shall submit monthly invoices and supporting documentation with details of all Services provided and overhead costs incurred to the City for its review and approval.
The Consultant shall be compensated for all services and overhead costs approved by the City in an amount not to exceed $150,000 for each year of the Agreement Term.
The monthly overhead costs for Consultant are estimated to be $12,500 and includes the salary and benefits costs for an outreach coordinator, an administrator, an outreach staff person, and a joint outreach assistant.
Any Extension Term of this Agreement shall be based on the same budgeted amounts.
The total amount of compensation paid to Consultant for the Term of this Agreement and for any Extension Term shall not exceed $1,000,000.00.
DocuSign Envelope ID: A567D687-AB48-4307-8272-69BAB9CE53AC
ATTACHMENT O
O-22
12.A.o
Packet Pg. 661 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
5.L.c
Packet Pg. 788 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) SECOND MODIFICATION OF AGREEMENT NO. 10684 (CCS)
This Second Modification of Agreement Number 10684 (CCS) (“Second Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica (“City”), a municipal corporation, and West Coast Care Foundation, Inc. (“Consultant”), is made with reference to the following:
RECITALS
A. On or about June 24, 2018, the City and Consultant entered into Agreement Number 10684 (CCS) for homeless outreach services (“Original Agreement”).
B. On or about June 25, 2020, the City and Consultant entered into a First Modification of Agreement Number 10684 (CCS) (“First Modification”) which extended the initial term, modified the City’s option to extend the Original Agreement, and adjusted the compensation paid to Consultant. The Original Agreement and First Modification may be referred to collectively herein as “the Agreement.”
C. The City and Consultant now desire to modify the Agreement further to adjust the current fiscal year’s compensation paid to the Consultant and to amend the scope of services provided to the City.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Section 2 of the Agreement entitled “Compensation”, as modified by the First Modification, is hereby deleted and replaced with the following:
Compensation. The City shall compensate Consultant for the Services performed and provided to City in an amount not to exceed $200,000 during the term of this Agreement and in the manner set forth in Exhibit B-2, Budget. The total compensation paid to Consultant for all services performed and provided to City under this Agreement and any subsequent modification thereto shall not exceed $1,000,000.
2. Section 3 of the Original Agreement entitled “Consultant Services” is hereby deleted and replaced with the following:
Consultant Services. The Consultant shall perform and provide to City all of the services described in Exhibit A-2, Scope of Services (hereinafter “Services”). The DocuSign Envelope ID: 2637039D-6D56-4229-AC20-BF44D1BD6CD3 2/19/2021
ATTACHMENT O
O-23
12.A.o
Packet Pg. 662 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
5.L.c
Packet Pg. 789 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Consultant shall perform and provide the Services to City in accordance with Exhibit B-2, Budget.
3. Exhibit A-1 of the Agreement, as modified by the First Modification, and Exhibit B of the Agreement are hereby replaced and superseded by Exhibit A-2 and Exhibit B-2, respectively. Exhibits A2 and B-2 are attached to this Second Modification and are incorporated into the Original Agreement.
4. Except as expressly modified by this Second Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
DocuSign Envelope ID: 2637039D-6D56-4229-AC20-BF44D1BD6CD3
ATTACHMENT O
O-24
12.A.o
Packet Pg. 663 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
5.L.c
Packet Pg. 790 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) IN WITNESS WHEREOF, the parties have executed this Second Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 2637039D-6D56-4229-AC20-BF44D1BD6CD3 George Cardona
Interim City Attorney
2/16/2021
RH
West Coast Care
2/17/2021
Ron Hooks
Interim City Manager
Lane Dilg
2/19/2021 2/22/2021
City Clerk
Denise Anderson-Warren
ATTACHMENT O
O-25
12.A.o
Packet Pg. 664 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
5.L.c
Packet Pg. 791 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Exhibit A-2
Scope of Services
A. One member of the Consultant team will be available via telephone from 0500 to 2000 each day of the year.
B. Consultant to provide direct homeless outreach services in the field for a total of 25 hours per week or a total of 1,300 hours per year.
C. Consultant to provide daily homeless outreach services within the geographic service area of the City of Santa Monica beach and Pier.
D. Consultant to provide outreach services Monday – Friday at 1100 am at the Blue Gazebo on the Santa Monica Pier.
E. Consultant to develop action plans for at least 250 homeless people per year.
F. Consultant to provide case management and follow-up services for 250 program clients per year. This includes, but is not limited to, Santa Monica City Attorney emails and telephone calls, conversations and meetings with hospital staff, follow-up with psychiatric services, interacting with Santa Monica Human Services personnel regarding exchange of ideas and information, and follow-up with other social service providers.
G. Consultant to provide monthly activity reports including results of monthly census, log of daily activities or hours worked, number of daily contacts, number of persons temporarily/transitionally sheltered and number permanently housed, number of family reunifications, hours worked by service provider employees, and other additional information as determined by the program administrator.
H. Consultant to provide detailed, monthly invoices for services provided, including a specific breakdown of salary and benefit costs for all staff, line-item detail of non-salary supplies and expenses, and overhead costs for maintaining communications, transportation, insurance, and facilities.
I. Consultant to provide homeless engagement training to SMFD personnel at least once a year.
The training shall be provided for each of the three shifts spread over three days and two different timeslots to accommodate all shifts and 40-hour personnel.
DocuSign Envelope ID: 2637039D-6D56-4229-AC20-BF44D1BD6CD3
ATTACHMENT O
O-26
12.A.o
Packet Pg. 665 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
5.L.c
Packet Pg. 792 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Exhibit B-2
Budget
The Consultant shall be compensated for services provided in Exhibit A-2 in an amount not to exceed $150,000 per year for the term of the agreement. Estimated monthly cost is $12,500 and covers salary and benefits, operating costs, overhead to include communications equipment, vehicle and transportation costs, insurance, accounting fees, outreach supplies, such as food gift cards, bus tokens, water and granola bars, and facilities management.
Effective February 1, 2021 the Consultant shall be compensated an additional $50,000 in one-time CARES and Economic Recovery funding for staffing costs associated with services provided in Exhibit A-2 for a total amount not to exceed $200,000 for Fiscal Year 2020-2021 term of the agreement.
Any Extension Term of this Agreement shall be based on the original budgeted amount of $150,000, unless otherwise authorized by City Council. The total amount of compensation paid to Consultant for the Term of this Agreement and for any Extension Term shall not exceed $1,000,000.
DocuSign Envelope ID: 2637039D-6D56-4229-AC20-BF44D1BD6CD3
ATTACHMENT O
O-27
12.A.o
Packet Pg. 666 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
5.L.c
Packet Pg. 793 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) THIRD MODIFICATION OF AGREEMENT NO. 10684 (CCS)
This Third Modification of Agreement Number 10684 (CCS) (“Third Modification”), entered into as of (“Execution Date”), by and between the City of Santa Monica (“City”), a municipal corporation, and West Coast Care Foundation, Inc. (“Consultant”), is made with reference to the following:
RECITALS
A. On or about June 24, 2018, the City and Consultant entered into Agreement Number 10684 (CCS) for homeless outreach services (“Original Agreement”).
B. On or about June 25, 2020, the City and Consultant entered into a First Modification of Agreement Number 10684 (CCS) (“First Modification”) which extended the initial term, modified the City’s option to extend the Original Agreement, and adjusted the compensation paid to Consultant. The Original Agreement and First Modification may be referred to collectively herein as “the Agreement.”
C. On or about February 19, 2021, the City and Consultant entered into a Second Modification of Agreement Number 10684 (CCS) (“Second Modification”) which adjusted the Consultant’s scope of work and compensation paid to Consultant. The Original Agreement, First Modification, and Second Modification may be referred to collectively herein as “the Agreement.” D. The City and Consultant now desire to modify the Agreement further to adjust the current fiscal year’s compensation paid to the Consultant and to amend the scope of services provided to the City.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Section 2 of the Agreement entitled “Compensation”, as modified by the Second Modification, is hereby deleted, and replaced with the following:
Compensation. The City shall compensate Consultant for the Services performed and provided to City in an amount not to exceed $210,000 during the term of this Agreement and in the manner set forth in Exhibit B-3, Budget. The total compensation paid to Consultant for all services performed and provided to City under this Agreement and any subsequent modification thereto shall not exceed $1,000,000.
DocuSign Envelope ID: 99A027EE-6F63-46AD-BD75-E0E77D5BD931 8/18/2021
ATTACHMENT O
O-28
12.A.o
Packet Pg. 667 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
5.L.c
Packet Pg. 794 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
2. Section 3 of the Original Agreement entitled “Consultant Services” is hereby deleted and replaced with the following:
Consultant Services. The Consultant shall perform and provide to City all of the services described in Exhibit A-3, Scope of Services (hereinafter “Services”). The Consultant shall perform and provide the Services to City in accordance with Exhibit B-3, Budget.
3. Exhibit A-1 of the Agreement, as modified by the First Modification, and Exhibit B of the Agreement are superseded by Exhibit A-2 and Exhibit B-2, respectively. Exhibit A-2 and Exhibit B-2 of the Agreement, as modified by the Second Modification, are hereby replaced, and superseded by Exhibit A-3 and Exhibit B-3, respectively. Exhibit A-3 and Exhibit B-3 are attached to this Third Modification and are incorporated into the Original Agreement.
4. Except as expressly modified by this Third Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Third Modification as of the date and year first written above.
ATTEST:
APPROVED AS TO FORM:
CITY OF SANTA MONICA,
a municipal corporation
By:
West Coast Care Foundation
By:
Ron Hooks
DocuSign Envelope ID: 99A027EE-6F63-46AD-BD75-E0E77D5BD931 Interim City Attorney
George S. Cardona
West Coast Care
RH
8/18/2021
John Jalili
Interim City Manager City Clerk
Denise Anderson-Warren
ATTACHMENT O
O-29
12.A.o
Packet Pg. 668 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
5.L.c
Packet Pg. 795 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Exhibit A-3
Scope of Services
A. One member of the Consultant team will be available via telephone from 0500 to 2000 each day of the year.
B. Consultant to provide direct homeless outreach services in the field for a total of 25 hours per week or a total of 1,300 hours per year.
C. Consultant to provide daily homeless outreach services within the geographic service area of the City of Santa Monica beach and Pier.
D. Consultant to provide outreach services Monday – Friday at 1100 am at the Blue Gazebo on the Santa Monica Pier.
E. Consultant to develop action plans for at least 250 homeless people per year.
F. Consultant to provide case management and follow-up services for 250 program clients per year. This includes but is not limited to Santa Monica City Attorney emails and telephone calls, conversations and meetings with hospital staff, follow-up with psychiatric services, interacting with Santa Monica Human Services personnel regarding exchange of ideas and information, and follow-up with other social service providers.
G. Consultant to provide monthly activity reports including results of monthly census, log of daily activities or hours worked, number of daily contacts, number of persons temporarily/transitionally sheltered, and number permanently housed, number of family reunifications, hours worked by service provider employees, and other additional information as determined by the program administrator.
H. Consultant to provide detailed, monthly invoices for services provided, including a specific breakdown of salary and benefit costs for all staff, line-item detail of non-salary supplies and expenses, and overhead costs for maintaining communications, transportation, insurance, and facilities.
I. Consultant to provide homeless engagement training to SMFD personnel at least once a year. The training shall be provided for each of the three shifts spread over three days and two different timeslots to accommodate all shifts and 40-hour personnel.
J. Consultant shall work collaboratively with the SMFD’s newly deployed Community Response Unit (CRU) to address homelessness.
DocuSign Envelope ID: 99A027EE-6F63-46AD-BD75-E0E77D5BD931
ATTACHMENT O
O-30
12.A.o
Packet Pg. 669 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
5.L.c
Packet Pg. 796 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) Exhibit B-3
Budget
The Consultant shall be compensated for services provided in Exhibit A-3 in an amount not to exceed $150,000 per year for the term of the agreement. Estimated monthly cost is $12,500 and covers salary and benefits, operating costs, overhead to include communications equipment, vehicle and transportation costs, insurance, accounting fees, facilities management, and outreach supplies, such as food gift cards, bus tokens, water, and granola bars.
Effective July 1, 2021 the Consultant shall be compensated an additional $60,000 in onetime City Council authorized funding for staffing costs associated with services provided in Exhibit A-3 for a total amount not to exceed $210,000 for the Fiscal Year 2021-22 term of the agreement.
The total amount of compensation paid to Consultant for the Term of this Agreement shall not exceed $1,000,000.
DocuSign Envelope ID: 99A027EE-6F63-46AD-BD75-E0E77D5BD931
ATTACHMENT O
O-31
12.A.o
Packet Pg. 670 Attachment: West Coast Care Agreement and Modifications (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24
5.L.c
Packet Pg. 797 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT P
FY 2021-22 FY 2020-21 FY 2019-20 FY 2018-19
Allocation Allocation Allocation Allocation
Typical Annual Allocations
4th of July Parade - Ocean Park Association & City expenses 1 $ 15,000 $ - $ 8,000 $ 7,139 Beautify Earth - - - 20,000
Business Improvement Districts 29,000 29,000 24,000 24,000 Grades for Green - - 30,000 30,000
Santa Monica Arts Parents Association - SAMOHI Orchestra - - 20,000 40,000 Santa Monica Science Magnet - - - 17,000
Scholarship - David B. Finkel Social Justice Scholarship - - 7,500 7,500 Westside Ballet of Santa Monica - - - 15,000
$ 44,000 $ 29,000 $ 89,500 $ 160,639
One-Time Allocations
Black Agenda 25,000 - - -
Brunson Terrace Small Business Marketplace - 25,000 - - Census Outreach - - 25,000 -
Church in Ocean Park for Trans Equity Scholarships - 9,000 - - COAST Event - - - 75,000
DanceEssence - - 3,000 -
Early Childhood Education 20,000 - - -
Election Fees - - 40,000 -
Family Services of Santa Monica 10,000 - - -
Government Alliance on Race and Equity - - 5,000 -
Irish Arts Center - - 10,000 -
LAFLA - Domestic Violence Clinic 10,000 - - -
Latino Cultural Events - 10,000 - -
League of Cities Real Training 12,000 - - -
Meals on Wheels - - 10,000 -
Neighborhood Organizations - 20,000 - -
PAL - Rick Crocker 5K Walk Run Challenge event expenses - 5,000 - - Pico Youth and Family Center Car Show 2
10,000 - - -
Pier Palisades Safety Signage - 10,000 -
Reed Park Ambassador Program - - 150,000 -
Rental Assistance 3
- - 21,535 -
St. Joseph Center YRT & SM Retention 20,000 - - -
Salvation Army - - - 20,000
Santa Monica Chamber Ensemble - - 6,000 -
Santa Monica High School Grad Nite - 10,000 - 1,500
Santa Monica Music Educational Foundation - Mariachi Program - - 19,065 22,000 Santa Monica Pier Lessees' Association Feasibility Study - - - 27,000 Santa Monica Pony League - - 22,000 -
Santa Monica Sister City Foundation - Youth Travel to Sister Cities - - - 25,000 Santa Monica State of the City - - 10,000 -
Santa Monica Symphony Association - - - 15,000
Shopping Cart Tree at Edgemar Center - 5,000 - -
SOULstice Festival - - 17,000 17,000
Streets to Shelter - - - 1,000
Council Discretionary Funds *
June 28, 2022 P-1
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Packet Pg. 671 Attachment: Council Discretionary Funds [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 798 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT P
FY 2021-22 FY 2020-21 FY 2019-20 FY 2018-19
Allocation Allocation Allocation Allocation
One-Time Allocations (cont'd)
Tenant Assistance Mailings - 25,000 - -
Virginia Avenue Park Food Pantry 20,000 - - -
Wellbeing Summit - - - 100,000
West Coast Care 10,000 20,000 - -
Westside Coalition for Martin Luther King Jr. Celebration - 9,000 - - Westside Foodbank - - 10,000 -
Wise and Healthy Aging 20,000 - - -
TOTAL ALLOCATIONS $ 192,000 $ 186,000 $ 416,565 $ 464,139 FY 2021-22 Undesignated Council Discretionary Funds $ 67,959 FY 2022-23 Council Discretionary Fund Budget 122,696
Council Discretionary Funds Available $ 190,655
1 FY 2021-22 allocation approved May 24, 2022, Item 13A. Prior year allocations based on actual costs. 2 Reflects a $5,000 allocation approved on August 24, 2021 for the Fall 2021 car show and a $5,000 allocation approved on April 26, 2022 for the Fall 2022 car show. 3 Originally programmed in FY 2017-18 for DACA support. Unspent balance reprogrammed to rental assistance programs in FY 2019-20. * Allocations are reflected in the year first designated and typically spent in that year.
June 28, 2022 P-2
12.A.p
Packet Pg. 672 Attachment: Council Discretionary Funds [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP
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Packet Pg. 799 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation)
ATTACHMENT Q
TAXI RATES
City Council establishes the maximum rates that local taxicab franchisees can charge their customers per SMMC 6.49. Local taxicab rates have remained unchanged since 2011, while the consumer price index has increased by 31 percent. The sole taxi franchisee currently in operation in Santa Monica has requested that rates be increased to maintain their economic viability. Staff is proposing the following increases to the existing rates:
Base (or “Flag Drop”) fee increased from $2.85 to $3.50 Each 1/9th of a mile fee increased from $0.30 to $0.40 Each 37 seconds of waiting time fee increased from $0.30 to $0.40 Flat rate to LAX
o From North of I-10 increased from $35 to $45
o From South of I-10 increased from $30 to $40
Flat rate to Hollywood Burbank Airport (formerly Bob Hope Airport) increased from $75 to $95 The following table compares existing and proposed local rates to peer cities. The City of Los Angeles recently implemented an emergency interim increase of 10% to their taxicab rates while working to establish higher new rates.
Year
Established
Base Fee
(Flag Drop)
Each Additional
Mile1
Waiting Time Per
Hour 2
LAX Flat Rate BUR Flat Rate
Santa Monica
(Existing) 2011 $2.85 $2.70 $29.19 North of I-10: $35 South of I-10: $30 $75
Santa Monica
(Proposed) 2022 $3.50 $3.60 $38.92 North of I-10: $45 South of I-10: $40 $95
Los Angeles
(Prior to
Emergency
Increase of
10%)
2011 $2.85 $2.70 $29.19 N/A N/A
Los Angeles
(After
Emergency
Increase of
10%)
2022 $3.10 $2.97 $32.10 N/A N/A
Long Beach ? $2.85 $2.70 $29.19 $60 $105
Beverly Hills 2007 $2.45 $2.45 $26.52 $38 N/A
San Diego 2015 $3.10 $3.30 $27.00 N/A N/A
Seattle ? $2.50 $2.70 $30.00 N/A N/A
Notes:
1 Santa Monica, Los Angeles, Long Beach, and Seattle charge at a rate of 1/9 of a mile. Beverly Hills charges at a rate of 1/7 of a mile.
2 Santa Monica, Los Angeles, and Long Beach charge rate per each 37 seconds. Beverly Hills charges per each 47.5 seconds. Seattle charges per each 36 seconds.
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Packet Pg. 673 Attachment: Taxi Rates (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Budget)
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Packet Pg. 800 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) From: [email protected] <[email protected]>
Sent: Tuesday, June 7, 2022 7:14 PM
To: Jason Kligier <[email protected]>
Subject: Re: Taxi Fares
EXTERNAL
Dear Council Member,
My name is Sandy Clair and I’ve been a taxi driver for Taxi Taxi in Santa Monica since May 2009. I’m writing to you to ask you to approve the rate increase for taxis on June 28th. In 2011 the cost of a taxi from Santa Monica to Beverly Hills without traffic was approximately $29 on a metered run. The rate is still $29 in 2022 for the same ride. Can you imagine what it's like now to be a taxi driver with gas almost $7 a gallon and all the inflation all these years with no increase in rates whatsoever? Rent, food, clothing and anything you can think of cost more except a taxi ride.
Can you imagine how difficult it is in 2022 for a taxi driver to survive? The increase that we are asking for really doesn’t do justice to the increases we should have had all along but will be helpful. I’m asking you to approve the suggested increase immediately.
Gas was $2.20 a gallon when I started this job 13 years ago and is now almost $7 a gallon but the taxi fares have not increased for the drivers.
The owners cannot attract new drivers because they know they will not be able to earn a living.
Ubers and Lyfts are increasingly becoming more expensive and more unreliable as I’m sure you know.
Please make this change so residences and guests of Santa Monica will still have taxis as a viable option.
Thank you for your time
Respectfully,
Sandy Clair
Taxi Taxi
ATTACHMENT R
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Packet Pg. 674 Attachment: Public Comment (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Budget)
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Packet Pg. 801 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) 2021-2022
EXECUTIVE COMMITTEE
Julie Rusk, chair
John Maceri, past chair
Karen Gunn, vice chair
Jody Priselac, vice chair
Natalya Zernitskaya, secretary
Perry Roshan-Zamir, treasurer
BOARD OF DIRECTORS
Gary Avrech
Sheila Banani
Tara Baraukas
Claudia Bautista-Nichols
Lindsay Call
Stephanie Cohen
Timothy Conley
Donna Gentry
Ana Maria Jara
Shawn Landres
Ashley London
Janet Gollery McKeithen
Thomas McLaughlin
Jessy Morales
Tara Pomposini
Cynthia Rose
Laura Rosenbaum
Eric Shafer
Cecilia Tovar
Nat Trives
Angel Villaseñor
Michele Wittig
Leila Youssefi
Donald Zelaya
EMERITUS BOARD MEMBERS
Debra Farmer
Misti Kerns
The Human Relations Council of Santa Monica Bay Area is a non-profit organization that promotes a culture of fair treatment, inclusion and equal access to opportunities.
P.O. Box 1307 • Santa Monica, CA 90406 -1307
:hrcsantamonica.org :humanrelationscouncilsantamonicabay June 8, 2022
Re: June 28, 2022 Council Adoption of FY 2022/23 City of Santa Monica Budget Dear Mayor, City Council and City Staff:
The Human Relations Council (HRC) of Santa Monica Bay Area is a nonprofit organization that promotes a culture of fair treatment, inclusion, and equal access to opportunities. As such, we are deeply committed to equitable, sustained, creative and user-friendly community engagement and public participation. • We appreciate the City Council and staff commitment to greater access for public participation in Council and Board/Commission meetings through your support for “hybrid” meetings and provision of language access services.
This includes call-in and virtual options for public comment and readily available translation and interpretation services, particularly in Spanish and Amharic. We strongly believe that enabling greater public access in these ways is one required step to further the City’s goals of becoming a more equitable and inclusive community.
• We further encourage the City Council to provide the resources needed to support the City staff-created Equity Action Plan designed to ensure increased awareness, action and improved equity outcomes across all City departments.
In summary, we eagerly anticipate implementation progress across all departments on the City’s Equity Action Plan. Genuine and sustained progress on this Plan along with support for those who may not be able to attend in-person meetings and those who may need language support are foundational for a more diverse, equitable, and inclusive Santa Monica for all. When you adopt the FY 2022/23 City budget and department priorities, please adequately fund and restate your priority for this necessary and essential work.
Thank you for your service to the people who live, work and visit Santa Monica.
On Behalf of HRC Board With Kind Regards,
Julie Rusk
ATTACHMENT R
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Packet Pg. 675 Attachment: Public Comment (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Budget)
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Packet Pg. 802 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) 1 Vernice Hankins
From: Barbara Jacobson <[email protected]>
Sent: Monday, June 27, 2022 1:01 PM
To: councilmtgitems
Subject: Resident Comment for PPL
EXTERNAL
To Santa Monica City Council:
I am a Santa Monica resident and strong advocate of paid parental leave for City Staff and happy to see it on the agenda for June 28, 2022's Council Meeting. However, I want to add that I think there should be more paid leave for people who are physically giving birth to children.
With the six to eight week recovery times associated with Caesarian section births, recovery from body healing, and bonding time for birthing parent and child, I advocate that the fully paid parental leave for birthing parents be expanded from six weeks to 12.
The financial costs associated with birthing parents are high and it is important that the City of Santa Monica continue to be innovative and progressive for working parents in this time of political upheaval.
Thank you for your consideration.
Barbara Jacobson
—
Barbara Jacobson
Linkedin I Twitter
857-919-5695
Item 12.A
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Packet Pg. 676 Attachment: Written Comments (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Budget)
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Packet Pg. 803 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) 1 Vernice Hankins
From: Sandra Smith <[email protected]>
Sent: Monday, June 27, 2022 9:18 PM
To: Sue Himmelrich; Kristin McCowan; Gleam Davis; Oscar de la Torre; Phil Brock; Lana Negrete; Christine Parra
Cc: councilmtgitems; sandra smith
Subject: Item 12.A. - Adoption of Year 2 of the FY 2021-23 Biennial Budget, Adoption of the Year 1 and Approval of the Year 2 of the FY 2022-24 Biennial Capital Improvement Program Budget - Santa Monica Airport
EXTERNAL
Dear Santa Monica City Council,
My letter to the City Council on May 24, regarding the impacts and implications of Projects C0828 and C0468, has remained unanswered. Are we in a dictatorship? An approval of these projects in the upcoming year’s budget, would be setting in motion the closure of the airport without any public debate.
As I previously noted, this absolute lack of transparency is totally unacceptable. A decision with historical restructuring ramifications, impacts all the residents of the city for many years, if not forever. The Council’s respect for the city’s residents in this matter can only be described as non-existent and willfully short sighted.
I again, respectfully and formally, request that Projects C0828 and C0468 be deleted from budget approval.
No actions or contemplation of alternate uses of the airport property should be conducted without an honest and robust discussion with all residents.
A blundering government is a gross violation of public trust.
Ms. Sandy Smith
Santa Monica
Begin forwarded message:
From: Sandra Smith <[email protected]>
Subject: Study Session Item 4.B. Financial Status Update, Attachment B, the Proposed FY 2022-24 Biennial CIP Budget - Santa Monica Airport
Date: May 24, 2022 at 11:22:36 AM PDT
Item 12.A
06/28/22
2 of 9 Item 12.A
06/28/22
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Packet Pg. 677 Attachment: Written Comments (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Budget)
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Packet Pg. 804 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) 2 To: [email protected], [email protected], [email protected], [email protected], [email protected], SANDRA SMITH <[email protected]>, sandra smith <[email protected]>
Cc: [email protected], [email protected]
Dear Council Members,
In anticipation of your Study Session Item 4.B. Financial Status Update, Attachment B, the Proposed FY 2022-24 Biennial CIP Budget, I (we) desire clarification regarding the following projects:
Project C0828 ‐ Airport Conversion Planning ($4,350,000 from FY23 to FY26) Project C0468 ‐ Airport Reconfiguration ($525,000 from FY23 to FY27) By proposing these significant capital projects at a time when the city is highly cash constrained that are specifically justified as requiring community input and involvement, the projects indicate that (1) the decision to close the airport has been made and (2) the airport will be developed and will not be the open space that was contemplated as the main selling point in passing Measure LC. Needless to say that such city-changing development runs completely counter to ALL voter and resident interests. And, if the airport is to be closed, then why spend any money out of the airport fund? Why would Project C0468 even be contemplated? These funds would represent stranded assets and a complete waste of resources which is unacceptable in this environment. They would best be kept in the airport fund and relinquished to the city once the airport fund is closed when the airport is closed. None of this makes any sense.
That approval for the expenditure of these funds is being requested without informing the voters of what major city-defining decisions that have apparently already been taken, then it’s clear that there is no mandate from the voters to approve, let alone spend, these monies. But more importantly, as the decision to close and develop the airport appears to have been taken without informing the public, who has an absolute right to know. And when is the council thinking of informing the voters of the massive infrastructure, traffic, and potential subsidy costs inherent in such a decision and how such costs are going to be funded?
Let there be no mistake, the apparent decision to close the airport will have been made behind closed doors, and with an outcome that NONE of the voters want. One need only look at the Gelson’s project to understand where the voters stand on development. By not informing the voters of this development decision, the Council is acting not better than the developers who told the residents that since they comply with state law, none of the input matters. That is the experience residents get when dealing with unresponsive interests focused on their own well-being. This kind of treatment is NOT what the voters expect from their elected representatives.
Gelsons’s was only 4.4 acres. When faced with a choice of over 200 acres of similar development at the airport, the voters must have the right to debate and decide on what happens, including leaving the aviation use as is. The voters must have the option to preserve the existing irreplaceable low density land use that provides the critical quality of life throughout Sunset Park as well as prevents the city incurring massive spending liabilities that will burden all the city’s residents for decades to come. The residents just told the Council that they are in no mood for more direct taxes since they clearly rebuffed (by close to 60%!) the notion of a direct parcel tax to fund the libraries. This would generate direct costs and quality of life degradation that are orders of magnitude beyond anything the residents have seen. Frankly, it is why the voters thought they were approving LC – to avoid this exact scenario!
Item 12.A
06/28/22
3 of 9 Item 12.A
06/28/22
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Packet Pg. 678 Attachment: Written Comments (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Budget)
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Packet Pg. 805 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) 3 And, if the argument is to be made that a decision has not been taken to development the airport, then why is staff proposing to spend $4.35 million (or more) of very scarce General Fund money on C0828 with the justification that “With local control of the airport set to arrive in 2029, it is imperative that a planning and community outreach process begin as soon as possible.” Just as a reminder to the Council, under Measure LC, the City Council can approve the following uses of the Airport land without voter input:
Development of parks
Public open spaces
Public recreational facilities
Maintenance and replacement of existing cultural, arts and education uses Clearly, none of this is happening. This is a denial of the residents’ right to be appropriately represented and informed. We would not have expected such a unscrupulous developer-type move from the staff and Council.
This capital budget item should be denied until the decisions that have been reached are presented to the community for proper consideration.
For over thirty years, Santa Monica City has wasted millions on futile legal actions and dead end projects involving the airport. I want to know what decisions have been made and what scenarios are being modeled in the original budget item.
Sincerely, Sandra (by the Beach) Smith
Item 12.A
06/28/22
4 of 9 Item 12.A
06/28/22
12.A.s
Packet Pg. 679 Attachment: Written Comments (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Budget)
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Packet Pg. 806 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) June 27, 2022
Santa Monica City Council
City Hall
1685 Main Street
Santa Monica, CA 90401
Re: Recommendations to City Council on Human Services Grants Program Budget, RFP, and Funding Human Service Delivery in Santa Monica
Dear Mayor Himmelrich and Council Members:
As members of the City of Santa Monica’s Social Services Commission (SSC), we have spent many months (and some of us, many years) hearing from our community’s most vulnerable citizens about the struggles in their daily lives. We are proud to live in Santa Monica, and we take our responsibilities as Commissioners seriously. We share the concerns of those in our community who rely upon the City’s services, and we hope you are listening to us now.
Annual funding for the city’s Human Services Grant Program’s - $8 million per year – is included in the City’s proposed 2022-2023 Budget. For much of the current year, the Housing and Human Services Division (HHSD) has been developing a new Request for Proposals (RFP) for the provision of local human services, and our Commission has served as a mechanism for city staff to receive community input regarding its design. We have made comments about the RFP that have been addressed, but what concerns us most is that the $8 million in total funds to be distributed each year for the next 3 years remains unchanged from what it has been since 2014. We ask that the City Council reconsider this amount, given not just inflation but also the growing demand for critical City services. An annual increase of 20% is reasonable – and essential – to address our community’s increased challenges in homelessness, behavioral health, and overall social service needs.
While we understand the budgetary constraints the City Council faces, we want to emphasize that the existing City revenues are not the only source of funds. For the past several years, we have urged the City Council to look at its other points of leverage to add to social service funding – including requesting social service benefits be included in development agreements that the city negotiates with real estate, hotel, health care, and tech companies that wish to operate here. In thinking through the options for channeling development dollars into social services, we recommend the city establish a “Human Services Fund” that developers would contribute to, as appropriate, as a condition for developing property within the city’s geographical boundaries, which could serve to augment existing dollars available for social services.
In addition, we are aware that several new proposals will be put before voters in November aimed to generate revenues for certain housing and human services, and regardless of which one(s) get approved, we also see the new funds that will be generated by these measures as new sources of funding for this “Human Services Fund.”
We want to make clear that it is equally important to our Commission that the funds that the City has allocated each year to Santa Monica-Malibu Unified School District remain intact. Those funds are Item 12.A
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Packet Pg. 680 Attachment: Written Comments (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Budget)
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Packet Pg. 807 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) essential to continue to reach the children in our city’s school system, which provides a range of essential social service supports to our community’s students and their families.
We applaud the Council for its focus on addressing the considerable needs for those experiencing behavioral health problems and homelessness, two issues that our Commission has highlighted as impacting too many of our citizens. Creating new capacity to address the gaps in behavioral health services is essential, and we are pleased that the City has been negotiating to develop a separate behavioral health funding initiative to address these needs.
After 40 years, our commission is sunsetting at the end of this month, and we take pride in the work that has been done, particularly during COVID these past two years, when we did not miss holding a single meeting. At this critical juncture in the lives of our most needy citizens, we urge you to consider our two primary recommendations: 1) creating a human services fund funded by new sources of revenue as described above; and 2) augmenting by 20% the $8 million in funds available to address the City’s HSD services, which include: basic services for those experiencing homelessness; adults and children struggling with behavioral health problems (mental health and/or substance abuse); early childhood education programs; and services to support senior citizens.
Again, thank you for your commitment to support those children and families in our community who need it most.
Sincerely,
City of Santa Monica Social Services Commission
Winnie Wechsler, Chair
Brian Stedge-Stroud, Vice-Chair
Kay Ambriz
Cindy Akins
Tamara Kagel
Marie Manvel
Bill Parent
Ellen Sloan
Item 12.A
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Packet Pg. 681 Attachment: Written Comments (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Budget)
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Packet Pg. 808 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) 1 Vernice Hankins
From: Sandra Smith <[email protected]>
Sent: Tuesday, June 28, 2022 11:59 AM
To: Sue Himmelrich; Kristin McCowan; Gleam Davis; Oscar de la Torre; Phil Brock; Lana Negrete; Christine Parra
Cc: councilmtgitems
Subject: Re: Item 12.A. - Adoption of Year 2 of the FY 2021-23 Biennial Budget, Adoption of the Year 1 and Approval of the Year 2 of the FY 2022-24 Biennial Capital Improvement Program Budget - Santa Monica Airport
EXTERNAL
On Jun 27, 2022, at 9:17 PM, Sandra Smith <[email protected]> wrote:
Dear Santa Monica City Council,
My letter to the City Council on May 24, regarding the impacts and implications of Projects C0828 and C0468, has remained unanswered. Are we in a dictatorship?
An approval of these projects in the upcoming year’s budget, would be setting in motion the closure of the airport without any public debate.
As I previously noted, this absolute lack of transparency is totally unacceptable. A decision with historical restructuring ramifications, impacts all the residents of the city for many years, if not forever. The Council’s respect for the city’s residents in this matter can only be described as non-existent and willfully short sighted.
I again, respectfully and formally, request that Projects C0828 and C0468 be deleted from budget approval.
No actions or contemplation of alternate uses of the airport property should be conducted without an honest and robust discussion with all residents.
A blundering government is a gross violation of public trust.
Ms. Sandy Smith
Santa Monica
Item 12.A
06/28/22
7 of 9 Item 12.A
06/28/22
12.A.s
Packet Pg. 682 Attachment: Written Comments (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Budget)
5.L.c
Packet Pg. 809 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) 2 Begin forwarded message:
From: Sandra Smith <[email protected]>
Subject: Study Session Item 4.B. Financial Status Update, Attachment B, the Proposed FY 2022-24 Biennial CIP Budget - Santa Monica Airport
Date: May 24, 2022 at 11:22:36 AM PDT
To: [email protected], [email protected], [email protected], [email protected], [email protected], SANDRA SMITH <[email protected]>, sandra smith <[email protected]> Cc: [email protected], [email protected]
Dear Council Members,
In anticipation of your Study Session Item 4.B. Financial Status Update, Attachment B, the Proposed FY 2022-24 Biennial CIP Budget, I (we) desire clarification regarding the following projects:
Project C0828 ‐ Airport Conversion Planning ($4,350,000 from FY23 to FY26) Project C0468 ‐ Airport Reconfiguration ($525,000 from FY23 to FY27) By proposing these significant capital projects at a time when the city is highly cash constrained that are specifically justified as requiring community input and involvement, the projects indicate that (1) the decision to close the airport has been made and (2) the airport will be developed and will not be the open space that was contemplated as the main selling point in passing Measure LC. Needless to say that such city-changing development runs completely counter to ALL voter and resident interests. And, if the airport is to be closed, then why spend any money out of the airport fund? Why would Project C0468 even be contemplated? These funds would represent stranded assets and a complete waste of resources which is unacceptable in this environment. They would best be kept in the airport fund and relinquished to the city once the airport fund is closed when the airport is closed. None of this makes any sense.
That approval for the expenditure of these funds is being requested without informing the voters of what major city-defining decisions that have apparently already been taken, then it’s clear that there is no mandate from the voters to approve, let alone spend, these monies. But more importantly, as the decision to close and develop the airport appears to have been taken without informing the public, who has an absolute right to know. And when is the council thinking of informing the voters of the massive infrastructure, traffic, and potential subsidy costs inherent in such a decision and how such costs are going to be funded?
Let there be no mistake, the apparent decision to close the airport will have been made behind closed doors, and with an outcome that NONE of the voters want. One need only look at the Gelson’s project to understand where the voters stand on development. By not informing the voters of this development decision, the Council is acting not better than the developers who told the residents that since they comply with state law, none of the input matters. That is the experience residents get when dealing with unresponsive interests focused on their own well-being. This kind of treatment is NOT what the voters expect from their elected representatives.
Item 12.A
06/28/22
8 of 9 Item 12.A
06/28/22
12.A.s
Packet Pg. 683 Attachment: Written Comments (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Budget)
5.L.c
Packet Pg. 810 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) 3 Gelsons’s was only 4.4 acres. When faced with a choice of over 200 acres of similar development at the airport, the voters must have the right to debate and decide on what happens, including leaving the aviation use as is. The voters must have the option to preserve the existing irreplaceable low density land use that provides the critical quality of life throughout Sunset Park as well as prevents the city incurring massive spending liabilities that will burden all the city’s residents for decades to come. The residents just told the Council that they are in no mood for more direct taxes since they clearly rebuffed (by close to 60%!) the notion of a direct parcel tax to fund the libraries. This would generate direct costs and quality of life degradation that are orders of magnitude beyond anything the residents have seen. Frankly, it is why the voters thought they were approving LC – to avoid this exact scenario!
And, if the argument is to be made that a decision has not been taken to development the airport, then why is staff proposing to spend $4.35 million (or more) of very scarce General Fund money on C0828 with the justification that “With local control of the airport set to arrive in 2029, it is imperative that a planning and community outreach process begin as soon as possible.”
Just as a reminder to the Council, under Measure LC, the City Council can approve the following uses of the Airport land without voter input:
Development of parks
Public open spaces
Public recreational facilities
Maintenance and replacement of existing cultural, arts and education uses Clearly, none of this is happening. This is a denial of the residents’ right to be appropriately represented and informed. We would not have expected such a unscrupulous developer-type move from the staff and Council.
This capital budget item should be denied until the decisions that have been reached are presented to the community for proper consideration.
For over thirty years, Santa Monica City has wasted millions on futile legal actions and dead end projects involving the airport. I want to know what decisions have been made and what scenarios are being modeled in the original budget item.
Sincerely, Sandra (by the Beach) Smith
Item 12.A
06/28/22
9 of 9 Item 12.A
06/28/22
12.A.s
Packet Pg. 684 Attachment: Written Comments (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Budget)
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Packet Pg. 811 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification with West Coast Care Foundation) City Council – June 28, 2022
FY 2022-23 Budget Adoption
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Packet Pg. 685 Attachment: PowerPoint Presentation (4755 : Adoption of FY2022-23 Operating and CIP
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Packet Pg. 812 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification The Biennial Budget
Operating Budget
• FY 2021-23 Biennial
• Adopting Year 2 FY22-
23 2
Capital Budget
• FY 2022-24 Biennial
• Adopting Year 1 FY22-23
• Approving Year 2 FY23-
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Packet Pg. 686 Attachment: PowerPoint Presentation (4755 : Adoption of FY2022-23 Operating and CIP
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Packet Pg. 813 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification Budget Overview
• Balanced Budget
• Measured expansion
• Focused on community priorities and enabling
in-person services
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Packet Pg. 687 Attachment: PowerPoint Presentation (4755 : Adoption of FY2022-23 Operating and CIP
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Packet Pg. 814 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification Highlights of Restored City Services
4 Support services as they reopened
• In-person services at Main Library and branches, Permitting, Youth and Recreation programs, Beach House
Safe & Clean
• Personal protective equipment (PPE), Health restriction compliance, Trash collection, Downtown safety deployment, Pier Vending Task Force
Homelessness and prevention
• Therapeutic van and Community Response Unit, Multi-disciplinary street teams, Tenant counseling, Homeless services delivery audit
Economic Recovery
• Outdoor dining, Rent abatement, Stipends and emergency assistance, Event grants, Trades Intern Program, Literacy and youth programming at libraries
Furthering progress based on values
• Racial equity, language justice, affordable housing, 311
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Packet Pg. 688 Attachment: PowerPoint Presentation (4755 : Adoption of FY2022-23 Operating and CIP
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Packet Pg. 815 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification • Directed Action Response Team (previously Pier Vending Task Force) • Volunteer Coordinator
• Customer Service (311)
• Partnerships
• Permitting and Park Planning
• Business License outreach and compliance
• Multi-modal Mobility Network
• Facility Maintenance
• Aquatics
• Public Safety Officer Program
• Fire Inspections
General Fund Enhanced Services in May Proposed Budget
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Packet Pg. 689 Attachment: PowerPoint Presentation (4755 : Adoption of FY2022-23 Operating and CIP
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Packet Pg. 816 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification Budget Overview – FY 2022-23 Proposed Budget
6 Citywide Expenditures - $665.3 million*
• Total FTEs:
• 1,945.5 Permanent
• 79.8 As-needed
General Fund - $394.0 million
• Total FTEs:
• 1,217.8 Permanent
• 68.3 As-needed
Final Changes
• +$533,00 in Operating Expenses
o $464,000 to General Fund
o $69,000 to Misc. Grants Fund
• + 0.5 FTE Permanent Position
*Citywide expenditures are net of reimbursements and transfers between funds $88.4
$13.8
$576.8
$380.2
$665.3
$394.0
$-
$100.0
$200.0
$300.0
$400.0
$500.0
$600.0
$700.0
Citywide* General Fund
Operating
Capital
(in millions)
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Packet Pg. 690 Attachment: PowerPoint Presentation (4755 : Adoption of FY2022-23 Operating and CIP
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Packet Pg. 817 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification Council Input – Final Changes to Proposed Budget
The Final Changes are responsive to the community needs identified in the Budget Study Session:
• Restoration of Sports Fields (one-time)
• Remove fencing at Clover Park's main field in spring 2023 • Restore Memorial Park's main field, Clover Park's extension field, and Los Amigos Park's field
• Youth Programming (one-time)
• Supervised Afterschool Playtime at all seven elementary schools • Economic Recovery
• New Parklets Program
• Add 0.5 FTE Public Works Inspector supported by new revenues 7 12.A.t
Packet Pg. 691 Attachment: PowerPoint Presentation (4755 : Adoption of FY2022-23 Operating and CIP
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Packet Pg. 818 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification Other Items
Master Fee, Fine, Parking
Rate Resolutions
Resolutions to Accept/Use
State and Federal Funds
West Coast Care Contract
Extension
8 Paid Parental Leave
• 6 weeks at 100% salary
• Within 12 months following
birth, adoption, placement of a
child
• Effective July 1, 2022
• 12 months with City to be
eligible
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Packet Pg. 692 Attachment: PowerPoint Presentation (4755 : Adoption of FY2022-23 Operating and CIP
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Packet Pg. 819 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification Budget Timeline
• Budget Study Session (May 2022)
• Budget Adoption (June 2022)
• Year-End Budget Review (October 2022)
• Midyear Budget Review and Forecast (February 2023)
• Biennial Budget Study Session(s) (May 2023)
• Biennial Budget Adoption (June 2023)
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Packet Pg. 693 Attachment: PowerPoint Presentation (4755 : Adoption of FY2022-23 Operating and CIP
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Packet Pg. 820 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification Recommended Actions
Adopt Resolutions:
• Adopt the FY 2022-23 Operating Budget, adopt the first year and approve the second year of the FY 2022-24 Biennial Capital Improvement Program (CIP) Budget
• Revisions to the master fee schedule and master fine schedule • Establish parking rates and permit fees for all City parking facilities • Establish new or revise existing classifications and salary rates • Establish Gann appropriations limit
• Incorporate a project funded by SB 1: The Road Repair & Accountability Act Approve:
• Position and classification changes
• New Paid Parental Leave policy
Accept:
• Federal Continuum of Care Program renewal grant funds • US Department of Justice (DOJ) grant awards
Authorize:
• Contract modifications with West Coast Care Foundation • Execution of documents to accept two grant awards from US Department of Justice • Execution of MOU with Santa Monica-Malibu Unified School District to provide supervised afterschool playtime Council Discretionary Funds:
• Direction on any discretionary fund allocations 10
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Packet Pg. 694 Attachment: PowerPoint Presentation (4755 : Adoption of FY2022-23 Operating and CIP
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Packet Pg. 821 Attachment: Attachment B Staff Report 12A 6-28-22 (5815 : Fifth Contract Modification Contract No. 10684
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement"), entered into as of __,__-""'·-'=-----L�, 20_L1,. ("Execution Date"), by and between the City of Santa Monica ("City") and West Coast Care Foundation, Inc. ("Consultant"), is made with reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. The Consultant is qualified to do business, and is doing business, in the State of California. The Consultant represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Agreement.
C. The City and the Consultant now desire to enter into an agreement for the consultant to provide professional services to the City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERMS AND CONDITIONS
1. Term. This Agreement begins on the Execution Date and terminates on June 30, 2019, unless sooner terminated in accordance with Section 14.
1.1 Option to Extend. The City, in its sole and complete discretion, shall have the option to renew the agreement for up to (3) additional (1) year periods ("Extension Term"). The City may exercise its option by letter to the Contractor fron, its City Manager, and the exercise of the option shall automatically extend the term of this Agreement up through the extension period.
2. Compensation. The City will compensate the Consultant for the Services performed in an amount not to exceed $250,000, for the term of this agreement as set forth in Exhibit B, Budget. The total compensation for the term of this agreement and any Extension Term shall not exceed $1,000,000 as set forth in Exhibit B, Budget.
3. Consultant Services. The Consultant will perform all of the services ("Services") described in Exhibit A, Scope of Services. The Consultant will complete the Services in accordance with Exhibit B, Budget.
4. City Services. The City agrees to:
4.1 Make available to the Consultant any currently existing documents, data or information required for the performance of the Services.
4.2 Designate a representative authorized to act on behalf of City. - 1 -
August 2017
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Packet Pg. 822 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care
4.3 Promptly examine and render findings on all documents submitted for staff review by the Consultant.
5. Compensation. The City will compensate the Consultant for the Services performed in an amount not to exceed $250,000, as set forth in Exhibit B.
6. Invoices. The Consultant will invoice the City for the Services in accordance with Exhibit B and the City will pay any undisputed amount within 30 days of receipt.
7. 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:
7 .1 All notices, demands, requests or approvals to the City:
Police Department
City of Santa Monica
333 Olympic Drive
Santa Monica, California 90401
Attention: Neela Patel, Senior Administrative Analyst, Police Re: Contract No. 10684
with a copy to:
Santa Monica City Attorney's Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 10684
7 .2 All notices, demands, requests or approvals to the Consultant:
West Coast Care Foundation, Inc.
8218 Belford Avenue
Los Angeles, CA 90045
Attention: Lenore Hooks
Re: Contract No. 10684
8. 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 the Consultant or any of the Consultant's agents, employees, or subconsultants, except as otherwise provided in this Agreement.
9. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral - 2 -
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Packet Pg. 823 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care 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 the Consultant, and approved as to form by the City Attorney.
10. Insurance. Prior to commencing work, the Consultant must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by the Consultant or the Consultant's agents, representatives, employees or subconsultants for the duration of this Agreement. The Consultant must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.
11. Defense and Indemnification.
11. 1 Indemnification. As to the Consultant's Services produced under this Agreement, the Consultant 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 acts, errors and/ or omissions of the Consultant, or the Consult�nt's employees, agents, officers, and subconsultants. The Consultant'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 the Consultant, its employees, agents or officers, or subconsultants; provided, however, that the Consultant's duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City. Notwithstanding the Consultant's obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from the Consultant, if City chooses to do so.
11.2 Enforcement Costs. The Consultant agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10. L
12. Prohibition Against Transfers.
12.1 The Consultant may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City's consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attem.pted assignment, hypothecation or transfer.
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Packet Pg. 824 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care
12.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of the Consultant or of any general partner or joint venturer or syndicate member of the Consultant, if a partnership or joint venture or syndicate exists, which results in changing the control of the Consultant, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.
13. Permits and Licenses. The Consultant, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.
14. 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.
15. Default and Termination.
15.1 If the Consultant fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City's written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to the Consultant.
15.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days' written notice to the Consultant. Upon termination of this Agreement, City will pay the Consultant any compensation earned and unpaid up to the effective date of termination.
16. Compliance with Law. The Consultant must comply with all laws of the State of California and the United States, and all ordinances, rules, and regulations enacted or issued by City.
17. Discrimination. The Consultant may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.
18. Nuisance. The Consultant may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.
19. Records.
19.l The Consultant must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. The Consultant must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.
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August 2017
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Packet Pg. 825 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care
19.2 The Consultant must maintain records in s_ufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. The Consultant must clearly identify all records and make them readily accessible to the City. At the City's request, the Consultant must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.
19.3 The Consultant must allow the City to have free access to the Consultant's books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit the Consultant's records, and the Consultant agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by the Consultant, the Consultant agrees to pay the cost of the City's audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.
20. Work Product; Reports.
20.1 Any work product prepared or caused to be prepared by the Consultant or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by the Consultant or any subconsultant pursuant to this Agreement may be made available to any individual or organization by the Consultant without prior written approval by City.
20.2 At the City's request, the Consultant must furnish reports concerning the status of the Services.
21. Standard of Care. The Consultant agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of the Consultant's profession currently practicing in the same locality under similar conditions.
22. Subconsultants.
22.1 If the Consultant proposes to have any subconsultant perform any part of the Services, the Consultant must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant's services. The City, in its sole discretion, may grant or deny the request.
22.2 The Consultant will be responsible for the quality of any subconsultant' s work.
Every subcontract or agreement of any kind entered into between the Consultant and any subconsultant (or between any subconsultant and others) must contain the following provision:
This agreement is consistent with all terms and conditions of the Agreement No. 10684 (CCS) entered into between the City of Santa Monica and the Consultant on -----
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Packet Pg. 826 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care
23. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
24. Venue and Jurisdiction. The City and the Consultant agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
25. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature nmst 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 terrn.ination of this Agreement.
26. Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.
Exhibit A
Exhibit B
Exhibit C
Scope of Services
Budget
Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.
ATTEST:
df1iui Ji()dtuJAn-U�
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
LANE DILG
City Attorney
-6-
CITY OF SANTA MONICA,
West Coast Care Foundation, Inc.
By: -------,,- ---:;;.-1"'""- ---:-----:a.------;------- Name: --,L"""'-""'C.�=-c.--=--=_:_=----�----
Title: -----"'=--===�.«....<::=-----'-"''-1.p,,.:>._<.,"'-'-'= August 2017
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Packet Pg. 827 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care Exhibit A
Scope of Services
Performance Requirements - Consultant's Services
Consultant shall dedicate a minimum of three (3) employees to the Joint Homeless Outreach Service Provider Program to provide all of the following services ("Services") on a daily basis:
Perform daily outreach and intervention services to homeless persons within a geographic service area that will be determined by the Santa Monica Police Department's Homeless Liaison Program ("HLP") Team upon the basis of police calls for service, and/or service needs as demonstrated by the Homeless Services Registry, or other service-related data.
Provide up to seven-day-per-week availability during a wide range of variable hours for special operations according to the needs of the program, the geographic area to be served, and the working hours of the HLP Team (which vary according to team objectives). Generally, services will be provided during weekdays and may include early morning hours or late night hours.
Provide availability via telephone to the Santa Monica Police Department, other interrelated social service providers, and clients around the clock while assisting the HLP T earn with its mission.
Provide accessibility via email.
Go out each day in a systematic pattern within an established service area to contact homeless persons who are living on the streets of Santa Monica, and provide face-to-face intervention/ outreach efforts on the street where homeless persons are found.
Provide the constant care, incentive, and information necessary to encourage individuals to change behavior contributing to their homelessness.
Provide recent arrivals with information they need to provide alternatives to taking up residency on the streets of Santa Monica, such as referrals to service providers in areas such persons have left from or wish to return to.
Provide/ coordinate transportation to reunite qualified subjects with family members via the "Project Homecoming" program, or other relocation resources provided by the City or other social service providers.
Provide transportation to court (for subjects who do not qualify for Project Homecoming because of outstanding warrants) and stand by in court to advocate for resolutions that will allow subjects to be returned to family members.
Provide referrals to local service providers and ensure follow up. As needed, provide transportation of subjects to various area care providers and interact with care provider to
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Packet Pg. 828 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care ensure that the referral will adequately address eachsubject'sneeds or circumstances.
Provide notification to the Santa Monica Police Department regarding potential criminal activity encountered during outreach efforts in order to allow the HLP Team to promptly formulate a proper law enforcement response.
Attend community and business meetings with HLP team members to provide a social service perspective on situations.
Client Record Maintenance
Consultant shall comply with the following client record maintenance requirements:
Provide case management and follow-up services for program clients. This includes but is not limited to Santa Monica City Attorney emails and telephone calls, conversations and meetings with hospital staff, follow-up with psychiatric services, interacting with Santa Monica Human Services personnel regarding exchange of ideas and information, and follow-up with other social service providers.
Through program resources administered by the Santa Monica Police Department, procure and distribute homelessness resources (temporary housing vouchers, homeless service provider information, Project Homecoming information, etc.) to homeless population as necessary.
Accept referrals from the HLP Team that are received via the HLP team non-emergency community help line and offer assistance to Santa Monica residents and businesses that are having homelessness-related problems.
Provide monthly and quarterly activity reports including results of monthly census, log of daily activities, number of daily contacts, number of persons relocated, outcomes of post-relocation follow- up, hours worked by service provider employees, and other additional information as determined by the program administrator.
Provide detailed, monthly billing for services, including a specific breakdown of salary and benefit costs for employees and managers, line-item detail of non-salary supplies and expenses, and overhead costs for maintaining communications, transportation, insurance, and facilities.
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Packet Pg. 829 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care ExhibitB
Budget
The Consultant shall provide a minimum of two employees dedicated to the Joint Homeless Outreach Service Provider Program to provide services on a daily basis. The Consultant shall submit monthly invoices and supporting documentation with details of all Services provided and overhead costs incurred for City review and approval.
The Consultant shall be compensated for approved services and overhead costs in an amount not to exceed $250,000 per year for the term of the agreement. Estimated monthly cost is $20,833 as follows: Salary and benefits costs for an outreach coordinator, an administrator, an outreach staff person and a joint outreach assistant - $19,500; overhead to include communications equipment, vehicle and transportation costs, insurance, accounting fees, outreach supplies, such as food gift cards, bus tokens, water and granola bars, and facilities management - $1,333.
Any additional term of this agreement will be based on the same budgeted amounts.
The total compensation for the term of this agreement and any Extenstion Term shall not exceed One Million Dollars ($1,000,000.00).
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Packet Pg. 830 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care Exhibit C
Insurance Requirements and Verifications
Professional Services Agreement Insurance Requirements
No Professional Liability Insurance Required
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering COL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Workers' Compensation insurance as required by the State of California, with Statutory Limits and Employers' Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #l).
If the Consultant maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica req11ires and shall be entitled to any broader coverage and higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the COL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in
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Packet Pg. 831 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care connection with such work or operations. COL coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of a combination of (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and (2) CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Consultant's insurance shall be primary coverage at least as broad as Insurance Services Offices Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Consultant to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Santa Monica.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current AM. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Verification of Coverage
Consultant shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents
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Packet Pg. 832 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care prior to the work beginning shall not waive the Consultant's obligation to provide them.
The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.
Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Consultant resulting from said breach.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.
Footnotes
# 1: Workers' Compensation insurance coverage is not required if the Consultant does not have employees. The Consultant must, however, execute the City's Workers' Compensation Coverage Exemption Declaration Form.
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Packet Pg. 833 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care FIRST MODIFICATION OF AGREEMENT NO. 10684 (CCS)
This First Modification of Agreement Number 10684 (CCS) (“First Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica (“City”), a municipal corporation, and West Coast Care Foundation, Inc (“Consultant”) is made with reference to the following:
RECITALS
A. On or about June 24, 2018, the City and Consultant entered into Agreement Number 10684 (CCS) for homeless outreach services (“Original Agreement”).
B. The City and Consultant now desire to modify the Original Agreement to extend the initial term of the Agreement and to adjust accordingly the compensation paid to the Consultant.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Section 1 of the Original Agreement entitled “Term” is hereby deleted and replaced with the following:
“Term. This Agreement begins on the Execution Date and terminates on June 30, 2021, unless sooner terminated in accordance with Section 14.
1.1 Option to Extend. The City, in its sole discretion, shall have the option to renew the Agreement for one (1) additional one-year period (“Extension Term”). The City may exercise this option by sending written notice to Consultant, after which the term of this Agreement shall be automatically extended through the Extension Term.”
2. Section 4 of the Original Agreement entitled “Compensation” is hereby deleted and replaced with the following:
Compensation. The City will compensate the Consultant for the Services performed in an amount not to exceed $150,000 for the term of this Agreement and in the manner set forth in Exhibit B-1, Budget. The total compensation for the term of this Agreement and any Extension Term shall not exceed $1,000,000 as set forth in Exhibit B-1.
3. Exhibit B to the Original Agreement shall be replaced and superseded with Exhibit B-1, a copy of which is attached hereto and incorporated herein by this reference.
DocuSign Envelope ID: A567D687-AB48-4307-8272-69BAB9CE53AC 6/25/2020
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Packet Pg. 834 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care
4. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: A567D687-AB48-4307-8272-69BAB9CE53AC 6/24/2020
George S. Cardona
Interim City Attorney
6/24/2020
RH
West Coast Care
Ron Hooks
City Attorney
Lane Dilg
6/25/2020 6/25/2020
City Clerk
Denise Anderson-Warren
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Packet Pg. 835 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care Exhibit A
Scope of Services
Performance Requirements - Consultant's Services
Consultant shall dedicate a minimum of three (3) employees to the Joint Homeless Outreach Service Provider Program to provide all of the following services ("Services") on a daily basis:
Perform daily outreach and intervention services to homeless persons within a geographic service area that will be determined by the Santa Monica Police Department's Homeless Liaison Program (“HLP”) Team upon the basis of police calls for service, and/or service needs as demonstrated by the Homeless Services Registry, or other service-related data.
Provide up to seven-day-per-week availability during a wide range of variable hours for special operations according to the needs of the program, the geographic area to be served, and the working hours of the HLP Team (which vary according to team objectives). Generally, services will be provided during weekdays and may include early morning hours or late night hours.
Provide availability via telephone to the Santa Monica Police Department, other interrelated social service providers, and clients around the clock while assisting the HLP Team with its mission.
Provide accessibility via email.
Go out each dayin a systematic pattern within an established service area to contact homeless persons who are living on the streets of Santa Monica, and provide face-to-face intervention/outreach efforts on the streetwhere homeless persons are found.
Provide the constant care, incentive, and information necessary to encourage individuals to change behavior contributing to their homelessness.
Provide recent arrivals with information they need to provide alternatives to taking up residency on the streets of Santa Monica, such as referrals to service providers in areas such persons have left from or wish to return to.
Provide/coordinate transportation to reunite qualified subjects with family members via the "Project Homecoming" program, or other relocation resources provided by the City or other social service providers.
Provide transportation to court (for subjects who do not qualify for Project Homecoming because of outstanding warrants) and stand by in court to advocate for resolutions that will allow subjects to be returned to family members.
Provide referrals to localservice providers and ensure follow up. Asneeded, provide transportation of subjects to various area care providers and interact with care provider to ensure that the referral will adequately address eachsubject's needs orcircumstances.
Provide notification to the Santa Monica Police Department regarding potential criminal DocuSign Envelope ID: A567D687-AB48-4307-8272-69BAB9CE53AC
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Packet Pg. 836 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care activity encountered during outreach efforts in order to allow the HLP Team to promptly formulate a proper law enforcement response.
Attend community and business meetings with HLP team members to provide a social service perspective on situations.
Client Record Maintenance
Consultant shall comply with the following client record maintenance requirements:
Provide case management and follow-up services for program clients. This includes but is not limited to Santa Monica City Attorney emails and telephone calls, conversations and meetings with hospital staff, follow-up with psychiatric services, interacting with Santa Monica Human Services personnel regarding exchange of ideas and information, and follow-up with other social service providers.
Through program resources administered by the Santa Monica Police Department, procure and distribute homelessness resources (temporary housing vouchers, homeless service provider information, Project Homecoming information, etc.) to homeless population as necessary.
Accept referrals from the HLP Team that are received via the HLP team non-emergency community help line and offer assistance to Santa Monica residents and businesses that are having homelessness-related problems.
Provide monthly and quarterly activity reports including results of monthly census, log of daily activities, number of daily contacts, number of persons relocated, outcomes of post-relocation follow- up, hours worked by service provider employees, and other additional information as determined by the program administrator.
Provide detailed, monthly billing for services, including a specific breakdown of salary and benefit costs for employees and managers, line-item detail of non-salary supplies and expenses, and overhead costs for maintaining communications, transportation, insurance, and facilities.
DocuSign Envelope ID: A567D687-AB48-4307-8272-69BAB9CE53AC
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Packet Pg. 837 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care 5 Exhibit B-1
Budget
The Consultant shall provide a minimum of two employees dedicated to the Joint Homeless Outreach Service Provider Program to perform the Services on a daily basis.
Consultant shall submit monthly invoices and supporting documentation with details of all Services provided and overhead costs incurred to the City for its review and approval.
The Consultant shall be compensated for all services and overhead costs approved by the City in an amount not to exceed $150,000 for each year of the Agreement Term.
The monthly overhead costs for Consultant are estimated to be $12,500 and includes the salary and benefits costs for an outreach coordinator, an administrator, an outreach staff person, and a joint outreach assistant.
Any Extension Term of this Agreement shall be based on the same budgeted amounts.
The total amount of compensation paid to Consultant for the Term of this Agreement and for any Extension Term shall not exceed $1,000,000.00.
DocuSign Envelope ID: A567D687-AB48-4307-8272-69BAB9CE53AC
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Packet Pg. 838 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care SECOND MODIFICATION OF AGREEMENT NO. 10684 (CCS)
This Second Modification of Agreement Number 10684 (CCS) (“Second Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica (“City”), a municipal corporation, and West Coast Care Foundation, Inc. (“Consultant”), is made with reference to the following:
RECITALS
A. On or about June 24, 2018, the City and Consultant entered into Agreement Number 10684 (CCS) for homeless outreach services (“Original Agreement”).
B. On or about June 25, 2020, the City and Consultant entered into a First Modification of Agreement Number 10684 (CCS) (“First Modification”) which extended the initial term, modified the City’s option to extend the Original Agreement, and adjusted the compensation paid to Consultant. The Original Agreement and First Modification may be referred to collectively herein as “the Agreement.”
C. The City and Consultant now desire to modify the Agreement further to adjust the current fiscal year’s compensation paid to the Consultant and to amend the scope of services provided to the City.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Section 2 of the Agreement entitled “Compensation”, as modified by the First Modification, is hereby deleted and replaced with the following:
Compensation. The City shall compensate Consultant for the Services performed and provided to City in an amount not to exceed $200,000 during the term of this Agreement and in the manner set forth in Exhibit B-2, Budget. The total compensation paid to Consultant for all services performed and provided to City under this Agreement and any subsequent modification thereto shall not exceed $1,000,000.
2. Section 3 of the Original Agreement entitled “Consultant Services” is hereby deleted and replaced with the following:
Consultant Services. The Consultant shall perform and provide to City all of the services described in Exhibit A-2, Scope of Services (hereinafter “Services”). The DocuSign Envelope ID: 2637039D-6D56-4229-AC20-BF44D1BD6CD3 2/19/2021
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Packet Pg. 839 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care Consultant shall perform and provide the Services to City in accordance with Exhibit B-2, Budget.
3. Exhibit A-1 of the Agreement, as modified by the First Modification, and Exhibit B of the Agreement are hereby replaced and superseded by Exhibit A-2 and Exhibit B-2, respectively. Exhibits A2 and B-2 are attached to this Second Modification and are incorporated into the Original Agreement.
4. Except as expressly modified by this Second Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
DocuSign Envelope ID: 2637039D-6D56-4229-AC20-BF44D1BD6CD3
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Packet Pg. 840 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care IN WITNESS WHEREOF, the parties have executed this Second Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 2637039D-6D56-4229-AC20-BF44D1BD6CD3 George Cardona
Interim City Attorney
2/16/2021
RH
West Coast Care
2/17/2021
Ron Hooks
Interim City Manager
Lane Dilg
2/19/2021 2/22/2021
City Clerk
Denise Anderson-Warren
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Packet Pg. 841 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care 4 Exhibit A-2
Scope of Services
A. One member of the Consultant team will be available via telephone from 0500 to 2000 each day of the year.
B. Consultant to provide direct homeless outreach services in the field for a total of 25 hours per week or a total of 1,300 hours per year.
C. Consultant to provide daily homeless outreach services within the geographic service area of the City of Santa Monica beach and Pier.
D. Consultant to provide outreach services Monday – Friday at 1100 am at the Blue Gazebo on the Santa Monica Pier.
E. Consultant to develop action plans for at least 250 homeless people per year.
F. Consultant to provide case management and follow-up services for 250 program clients per year. This includes, but is not limited to, Santa Monica City Attorney emails and telephone calls, conversations and meetings with hospital staff, follow-up with psychiatric services, interacting with Santa Monica Human Services personnel regarding exchange of ideas and information, and follow-up with other social service providers.
G. Consultant to provide monthly activity reports including results of monthly census, log of daily activities or hours worked, number of daily contacts, number of persons temporarily/transitionally sheltered and number permanently housed, number of family reunifications, hours worked by service provider employees, and other additional information as determined by the program administrator.
H. Consultant to provide detailed, monthly invoices for services provided, including a specific breakdown of salary and benefit costs for all staff, line-item detail of non-salary supplies and expenses, and overhead costs for maintaining communications, transportation, insurance, and facilities.
I. Consultant to provide homeless engagement training to SMFD personnel at least once a year.
The training shall be provided for each of the three shifts spread over three days and two different timeslots to accommodate all shifts and 40-hour personnel.
DocuSign Envelope ID: 2637039D-6D56-4229-AC20-BF44D1BD6CD3
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Packet Pg. 842 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care 5 Exhibit B-2
Budget
The Consultant shall be compensated for services provided in Exhibit A-2 in an amount not to exceed $150,000 per year for the term of the agreement. Estimated monthly cost is $12,500 and covers salary and benefits, operating costs, overhead to include communications equipment, vehicle and transportation costs, insurance, accounting fees, outreach supplies, such as food gift cards, bus tokens, water and granola bars, and facilities management.
Effective February 1, 2021 the Consultant shall be compensated an additional $50,000 in one-time CARES and Economic Recovery funding for staffing costs associated with services provided in Exhibit A-2 for a total amount not to exceed $200,000 for Fiscal Year 2020-2021 term of the agreement.
Any Extension Term of this Agreement shall be based on the original budgeted amount of $150,000, unless otherwise authorized by City Council. The total amount of compensation paid to Consultant for the Term of this Agreement and for any Extension Term shall not exceed $1,000,000.
DocuSign Envelope ID: 2637039D-6D56-4229-AC20-BF44D1BD6CD3
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Packet Pg. 843 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care THIRD MODIFICATION OF AGREEMENT NO. 10684 (CCS)
This Third Modification of Agreement Number 10684 (CCS) (“Third Modification”), entered into as of (“Execution Date”), by and between the City of Santa Monica (“City”), a municipal corporation, and West Coast Care Foundation, Inc. (“Consultant”), is made with reference to the following:
RECITALS
A. On or about June 24, 2018, the City and Consultant entered into Agreement Number 10684 (CCS) for homeless outreach services (“Original Agreement”).
B. On or about June 25, 2020, the City and Consultant entered into a First Modification of Agreement Number 10684 (CCS) (“First Modification”) which extended the initial term, modified the City’s option to extend the Original Agreement, and adjusted the compensation paid to Consultant. The Original Agreement and First Modification may be referred to collectively herein as “the Agreement.”
C. On or about February 19, 2021, the City and Consultant entered into a Second Modification of Agreement Number 10684 (CCS) (“Second Modification”) which adjusted the Consultant’s scope of work and compensation paid to Consultant. The Original Agreement, First Modification, and Second Modification may be referred to collectively herein as “the Agreement.” D. The City and Consultant now desire to modify the Agreement further to adjust the current fiscal year’s compensation paid to the Consultant and to amend the scope of services provided to the City.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Section 2 of the Agreement entitled “Compensation”, as modified by the Second Modification, is hereby deleted, and replaced with the following:
Compensation. The City shall compensate Consultant for the Services performed and provided to City in an amount not to exceed $210,000 during the term of this Agreement and in the manner set forth in Exhibit B-3, Budget. The total compensation paid to Consultant for all services performed and provided to City under this Agreement and any subsequent modification thereto shall not exceed $1,000,000.
DocuSign Envelope ID: 99A027EE-6F63-46AD-BD75-E0E77D5BD931 8/18/2021
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Packet Pg. 844 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care
2. Section 3 of the Original Agreement entitled “Consultant Services” is hereby deleted and replaced with the following:
Consultant Services. The Consultant shall perform and provide to City all of the services described in Exhibit A-3, Scope of Services (hereinafter “Services”). The Consultant shall perform and provide the Services to City in accordance with Exhibit B-3, Budget.
3. Exhibit A-1 of the Agreement, as modified by the First Modification, and Exhibit B of the Agreement are superseded by Exhibit A-2 and Exhibit B-2, respectively. Exhibit A-2 and Exhibit B-2 of the Agreement, as modified by the Second Modification, are hereby replaced, and superseded by Exhibit A-3 and Exhibit B-3, respectively. Exhibit A-3 and Exhibit B-3 are attached to this Third Modification and are incorporated into the Original Agreement.
4. Except as expressly modified by this Third Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Third Modification as of the date and year first written above.
ATTEST:
APPROVED AS TO FORM:
CITY OF SANTA MONICA,
a municipal corporation
By:
West Coast Care Foundation
By:
Ron Hooks
DocuSign Envelope ID: 99A027EE-6F63-46AD-BD75-E0E77D5BD931 Interim City Attorney
George S. Cardona
West Coast Care
RH
8/18/2021
John Jalili
Interim City Manager City Clerk
Denise Anderson-Warren
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Packet Pg. 845 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care Exhibit A-3
Scope of Services
A. One member of the Consultant team will be available via telephone from 0500 to 2000 each day of the year.
B. Consultant to provide direct homeless outreach services in the field for a total of 25 hours per week or a total of 1,300 hours per year.
C. Consultant to provide daily homeless outreach services within the geographic service area of the City of Santa Monica beach and Pier.
D. Consultant to provide outreach services Monday – Friday at 1100 am at the Blue Gazebo on the Santa Monica Pier.
E. Consultant to develop action plans for at least 250 homeless people per year.
F. Consultant to provide case management and follow-up services for 250 program clients per year. This includes but is not limited to Santa Monica City Attorney emails and telephone calls, conversations and meetings with hospital staff, follow-up with psychiatric services, interacting with Santa Monica Human Services personnel regarding exchange of ideas and information, and follow-up with other social service providers.
G. Consultant to provide monthly activity reports including results of monthly census, log of daily activities or hours worked, number of daily contacts, number of persons temporarily/transitionally sheltered, and number permanently housed, number of family reunifications, hours worked by service provider employees, and other additional information as determined by the program administrator.
H. Consultant to provide detailed, monthly invoices for services provided, including a specific breakdown of salary and benefit costs for all staff, line-item detail of non-salary supplies and expenses, and overhead costs for maintaining communications, transportation, insurance, and facilities.
I. Consultant to provide homeless engagement training to SMFD personnel at least once a year. The training shall be provided for each of the three shifts spread over three days and two different timeslots to accommodate all shifts and 40-hour personnel.
J. Consultant shall work collaboratively with the SMFD’s newly deployed Community Response Unit (CRU) to address homelessness.
DocuSign Envelope ID: 99A027EE-6F63-46AD-BD75-E0E77D5BD931
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Packet Pg. 846 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care Exhibit B-3
Budget
The Consultant shall be compensated for services provided in Exhibit A-3 in an amount not to exceed $150,000 per year for the term of the agreement. Estimated monthly cost is $12,500 and covers salary and benefits, operating costs, overhead to include communications equipment, vehicle and transportation costs, insurance, accounting fees, facilities management, and outreach supplies, such as food gift cards, bus tokens, water, and granola bars.
Effective July 1, 2021 the Consultant shall be compensated an additional $60,000 in onetime City Council authorized funding for staffing costs associated with services provided in Exhibit A-3 for a total amount not to exceed $210,000 for the Fiscal Year 2021-22 term of the agreement.
The total amount of compensation paid to Consultant for the Term of this Agreement shall not exceed $1,000,000.
DocuSign Envelope ID: 99A027EE-6F63-46AD-BD75-E0E77D5BD931
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Packet Pg. 847 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care 1685 Main Street, Suite 209, Santa Monica, CA 90401 • [email protected] santamonica.gov • @cityofsantamonica • @santamonicacity Date: #
Ron Hooks
West Coast Care
8218 Belford Avenue
Los Angeles, CA 90045
Re: Contract No. 10684 Contract Renewal Option Services Year 3 of 3 Dear Mr. Hooks:
Please accept this letter as the City’s notification of its intent to extend the term of the above-referenced Professional Services Agreement (the “PSA”) No. 10684 for a period of one (1) year. As noted in Section 1 of the Terms and Conditions of the PSA dated June 21, 2018, the City may extend the term for up to three (3) additional one (1)-year terms. This renewal will extend the term of the PSA commencing on July 1, 2021 and terminating on June 30,2022. Please note this is the last year of the contract, the City will be completing a formal bid to solicit homeless outreach services beginning in FY2022-23. All other terms and conditions of the PSA shall remain the same and in full force and effect.
If you have any questions, please contact Terese Toomey at (310) 434-2621 or [email protected].
Sincerely,
Rick Cole
Enclosure
cc: Deputy Chief Tom Clemo
Araceli Esparza, Procurement Manager
DocuSign Envelope ID: A0A3014E-50C9-4739-AB65-EE2F3CE2E939 Lane Dilg
Interim City Manager
6/14/2021
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Packet Pg. 848 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care FOURTH MODIFICATION OF AGREEMENT NO. 10684 (CCS)
This Fourth Modification of Agreement Number 10684 (CCS) (“Fourth Modification”), entered into as of_________________(“Execution Date”), by and between the City of Santa Monica (“City”), a California municipal corporation, and West Coast Care Foundation, Inc. (“Consultant”), is made with referenceto the following:
RECITALS
A. On or about June 24, 2018, the City and Consultant entered into Agreement Number 10684 (CCS) for homeless outreach services (“Original Agreement”).
B. On or about June 25, 2020, the City and Consultant entered into a First Modification of the Original Agreement (“First Modification”) which extended the initial term, and modified the City’s option to further extend the term, and adjusted the compensation paid to Consultant.
C. On or about February 19, 2021, the City and Consultant entered into a Second Modification of the Original Agreement (“Second Modification”) which adjusted the Consultant’s scope of work and increased the compensation paid to Consultant.
D. On or about August 18, 2021, the City and Consultant entered into a Third Modification of the Original Agreement (“Third Modification”) which further adjusted the Consultant’s scope of work and increased the compensation paid to Consultant. The Original Agreement, as modified by the First Modification, Second Modification, and Third Modification, may be referred to collectively herein as “the Agreement.”
E. The City and Consultant now desire to further modify the Agreement to adjust the agreement term and the compensation paid to the Consultant.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Section 1 of the Agreement entitled “Term”, as modified by the First Modification, is hereby deleted and shall be replaced with the following:
“Term. This Agreement begins on the Execution Date and shall continue until its expiration on June 30, 2023, unless sooner terminated by the City in accordance with Section 15.”
2. Section 2 of the Agreement entitled “Compensation”, as modified by the First, Second, and Third Modifications, is hereby deleted and shall be replaced with the following:
Compensation. The City shall compensate Consultant for all Services performed by it and provided to City. The City shall pay to Consultant as additional compensation for the Services and additional services performed by it and provided to City as set forth in Exhibit B-4, an amount not exceeding $150,000.
The total amount of compensation paid to Consultant for all Services and additional services performed by it and provided to City under this Agreement DocuSign Envelope ID: 001F6005-8F29-4C7A-860F-E44780BA8A70 8/29/2022
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Packet Pg. 849 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care and any subsequent modification thereto shall not exceed $1,150,000.
3. Section 5 of the Agreement entitled “Compensation” shall be stricken and deleted from the Agreement as redundant and erroneous matter. Section 5 shall be left blank and is reserved by the parties for future modifications to the Agreement.
4. Exhibit B-3 of the Agreement, as modified by the Third Modification, is hereby replaced and superseded by Exhibit B-4. Exhibit B-4 is attached to this Fourth Modification and is incorporated into the Original Agreement.
5. Except as expressly modified by this Fourth Modification, all other terms and conditions of theAgreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Fourth Modification as of the date and year first written above.
ATTEST:
APPROVED AS TO FORM:
CITY OF SANTA MONICA,
a municipal corporation
By:
West Coast Care Foundation
By:
Ron Hooks
West Coast Care Foundation, Inc.
DocuSign Envelope ID: 001F6005-8F29-4C7A-860F-E44780BA8A70
DOUGLAS SLOAN
City Attorney
City Manager
David White City Clerk
Denise Anderson-Warren
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Packet Pg. 850 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care Exhibit B-4
Budget
The Consultant shall be compensated for the Services provided in Exhibit A-3 in an annual amount not to exceed $150,000 per year for the remaining term of the Agreement.
Consultant’s estimated monthly cost for providing the Services required herein is $12,500, which covers salary and benefits, operating costs, overhead to include communications equipment, vehicle and transportation costs, insurance, accounting fees, facilities management, and outreach supplies, such as food gift cards, bus tokens, water, and granola bars.
The total amount of compensation paid to Consultant under this Agreement, including any previous or subsequent modifications to this Agreement, shall not exceed $1,150,000.
DocuSign Envelope ID: 001F6005-8F29-4C7A-860F-E44780BA8A70
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Packet Pg. 851 Attachment: Professional Services Agreement Original - Fourth Mod West Coast Care (5815 : Fifth Contract Modification with West Coast Care City Council
Report
City Council Meeting: July 18, 2023
Agenda Item: 7.A
1 of 15
To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: Receive Update and Take Action to Advance Racial Justice, Equity, and Social Diversity
Recommended Action
Staff recommends that the City Council review and comment on the FY 2023-24 Equity Plan for the Diversity, Equity and Inclusion (DEI) team in the City Manager’s Office and direct staff to proceed with the implementation of the plan.
Executive Summary
Santa Monica, a renowned global leader in the areas of sustainability and innovation, has recognized the need to address equity gaps within its community. Years of community engagement efforts and shared insights from community stakeholders have shed light on the disparities faced by Black and Latino communities in the City, revealing that unfortunately, despite its reputation as a progressive city with equity and inclusion as some of its central values, communities of color have experienced division and competition for limited resources. While the City has made significant efforts to address these challenges through internally focused changes and periodic investments into equity focused initiatives, to date there has been no cohesive, community facing plan to treat equity in Santa Monica as a core function of the City. To move forward into an inclusive, multi-faceted and coordinated approach to equity, the City has devised a comprehensive plan that involves evaluating policies for unconscious bias, conducting equity impact assessments for a selection of City projects, empowering residents through grants, and fostering staff growth opportunities, along with a robust community engagement effort that will culminate in the City’s first formalized Equity Plan.
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The City will kick off the process with a panel discussion featuring diverse representation to explore the concept of strategic allyship. This will be followed by a seven-month community engagement phase dedicated to collective issue identification, focused on gathering information about residents’ equity priorities and challenges.
These engagement opportunities will include large City community listening sessions, held both in person and virtually, as well as smaller, community led meetings. The City will offer stipends to community groups to host these sessions, ensuring diverse voices are heard and their insights can be incorporated into the DEI team’s analysis.
The DEI team will review community input, identify key issues, and collaborate with relevant departments to collate existing programs and policies addressing these challenges. We will then return to the community to co-generate solutions to key issues, with the knowledge of the City’s existing programs as a foundation for the discussions.
Following the community engagement process, the DEI team will present priorities and proposed solutions to the Council and ask the City Council to identify priority areas of focus. An Equity Task Force will be established to manage progress towards Council’s selected priority areas, comprising staff from relevant departments, and a regular system of engagement with the community, the Community Equity Coalition, will be created to foster collaboration among major city institutions, public and private sector partners, community stakeholders, and staff. By implementing this comprehensive plan, Santa Monica aims to proactively address equity challenges, strengthen community engagement, and build a more inclusive and equitable future for all residents. Through a collective effort involving residents, City departments, and diverse stakeholders, Santa Monica is committed to fostering lasting change and achieving multi-dimensional progress that benefits the entire community.
Background
The City of Santa Monica has long been recognized as a leader in municipal governance, from our AAA bond rating to our five-star rated library system, to our long list of accomplishments in the realm of environmental sustainability. However, one area
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in which the City has yet to play a leading role is in racial equity, as evidenced by our outcomes in this area. According to various sources including Race Counts and Healthy City, Black, Latinx, and Native American Santa Monicans fare worse than white Santa Monicans across nearly every quality-of-life indicator, and many of these inequities have worsened since 2020. As many of us in the community recently learned from reading “The Sum of Us” by Heather McGhee, these inequities not only impact People of Color who feel their effects most directly, but the community as a whole suffers when they are not addressed. A look at just one economic consequence of racial inequality—Gross Domestic Product (GDP)—reveals that the LA regional GDP would be 58 percent higher if racial gaps in income were eliminated, according to the National Equity Atlas. As an economic engine for the region, the City has both a moral and economic obligation in closing these and other racial disparities. Further, due to the pervasiveness and entrenchment of existing inequalities, a strong and focused approach much like the City’s efforts to address climate change will be required if we ever hope to be a truly equitable community.
Throughout the nation, other municipalities have taken focused actions aimed specifically at addressing institutional racism, starting with the City of Seattle’s Race and Social Justice Initiative in 2004. Since then, dozens of cities have launched offices of equity and other initiatives explicitly targeting institutional racism, leveraging the lessons learned in Seattle. Unfortunately, Santa Monica has taken a slower and more diluted approach in its efforts to combat racism to-date. Though some efforts at inclusion have been made, particularly around affordable housing, the Pico Wellbeing Project and the Black Agenda, the City has yet to take cohesive, citywide action aimed at moving the needle on racial equity. As a result, despite being the 18th largest city in LA County with the fourth largest budget, Santa Monica’s communities of color have at times expressed concern over projects and approaches that favor specific groups over their own, seeing the current equity efforts as “special projects” that have limited reach. This has had the effect historically of turning groups that should be allies into adversaries, who believe they must compete with each other for scarce resources.
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While the City organization has lacked robust structures to advance equity in the ways that many other cities have, leaving progress in the hands of a few dedicated City staff, Santa Monica has continued to make progress due to its best resource: its residents.
Santa Monica is rich in community organizations that have dedicated, in many cases, decades of energy toward righting the wrongs of the past and closing equity gaps. These groups include, but not necessarily limited to the Human Relations Council (HRC), the Committee for Racial Justice (CRJ), Santa Monica Black Lives Association (SMBLA), Familias Latinas Unidas (FLU), Parent Connection Group (PCG), Pico Neighborhood Association (PNA), the Church in Ocean Park, the Human Services Commission, Public Safety Reform and Oversight Commission, The People Concern, Community Corporation of Santa Monica, Pico Youth and Family Center (PYFC), Black Santa Monica Tours, Ethiopian Community in Santa Monica (ECOMISM), Santa Monica College’s Public Policy Institute and its Division of Equity, Pathways, and Inclusion, the Black Agenda, Virginia Avenue Park Advisory Board, Quinn Research Center, Juneteenth Celebration Committee Inc, Santa Monica League Women Voters, Westside NAACP, Westside MLK Day Coalition, Rent Control Board and Agency, and 18th Street Arts Center along with many other willing allies who have created a strong foundation for the advancement of equity in Santa Monica. It is now time for the City to step forward as a leader in equity through ambitious goals and sustained actions as detailed below.
Past Council Actions
Meeting Date Description
07/07/2023 (Attachment A) July 2023 Equity Update Information Item 09/08/2020 (Attachment B) Fall 2020 Equity Report
Best Practices from across the Country
Municipalities across the country have devised programs to repair the harm caused to Communities of Color by structural racism. Each of the cities discussed below has engaged in the development of a citywide equity plan or has created a citywide equity toolkit that guides action and measures progress, and have used these tools to advance transformational equity projects. These programs, examples of which are listed below,
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can serve as a model for possibilities the City could explore with input from residents, staff, and the City Council. The City is already exploring potentially creating a cannabis equity program in the future as detailed below.
City of Evanston Restorative Housing Program Funded by Cannabis and Real Estate Property Transfer Taxes
In June 2019, the governor of Illinois signed the Cannabis Regulation and Tax Act into law, which made the sale of recreational marijuana legal effective January 1, 2020. The tax act allows municipalities to adopt ordinances to impose a local tax (up to 3 percent of retail price) on the operation of recreational cannabis dispensaries. In November 2019, the Evanston City Council adopted a resolution to commit the first $10 million of its cannabis tax revenues to fund reparations for housing assistance and relief initiatives for African American residents, economic development programs and opportunities for African American residents and entrepreneurs, and education initiatives for African American residents. The first reparations initiative the City introduced is the Restorative Housing Program, which addresses discriminatory housing policies and practices and inaction by the City from 1919-1969. Program goals include increasing Black homeownership and building generational wealth, improving the retention rate of Black homeowners, revitalizing Black owner-occupied homes, and building intergenerational equity among Black residents. Eligible residents can apply to receive $25,000 toward one of the following areas: down payment/closing cost assistance, home improvement, mortgage assistance and most recently a direct cash payment. With the rollout of its housing initiative, Evanston became the first municipality in the country to fund a reparations program. The City has since passed a real estate transfer tax on the sale of real estate valued over $1.5 million to help boost its reparations fund. The City will continue developing additional reparations initiatives in the future that align with the recommendations listed in the City Council resolution.
City of Saint Paul Children’s Savings Account, Guaranteed Income Pilot and CollegeBound Boost
The City of Saint Paul launched three related initiatives aimed at helping families meet basic needs to pave the way for economic prosperity while also investing in savings for
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their children’s education. The People’s Prosperity Guaranteed Income Pilot ran between October 2020 and April 2022. Funded by a mix of public and private dollars, the pilot program provided 150 families with $500 per month in guaranteed income for 18 months to pay for essentials, including food and housing. The City opened the pilot program to families enrolled in CollegeBound Saint Paul, a savings initiative launched by the City to provide each child born to a resident on or after January 1, 2020, with a college savings account, a $50 seed deposit and a $10 bonus deposit in their account every month. Funded by a variety of sources (i.e., City funds and staffing, local community foundations, corporate foundations and donors, and individual donors), CollegeBound Saint Paul is part of the City’s broader efforts to address financial insecurity and educational disparities, which deeply affect households/residents of color in particular. The City’s latest initiative, CollegeBound Boost, builds upon the guaranteed income and college savings initiatives by providing 333 low-income families participating in CollegeBound Saint Paul with $500 in guaranteed monthly income payments for two years and $1,000 deposits in each child’s CollegeBound Saint Paul college savings account. CollegeBound Boost is funded by $4 million in American Rescue Plan funds and $1 million in charitable funds. Income assistance programs of these types are growing in popularity and can also be found in San Francisco, Oakland, Birmingham, Alabama; Phoenix, Arizona; Gainesville, Florida; and Cook County, Illinois, to name a few.
City of Durham DEAR Program for Residents with Suspended Drivers’ Licenses After conducting an analysis that found that the licenses of one in five adults were revoked or suspended because of failure to appear in traffic court or pay court costs, the City of Durham launched the Durham Expunction and Restoration (DEAR) Program in October 2018 to offer free legal assistance with license restoration and expunctions.
The analysis also showed that the suspensions disproportionately affected People of Color, and most were as a result of minor offenses such as expired registration or driving without a license. Individuals participating in the program were required to have their driving privileges suspended for a minimum of two years. The City’s Innovation Team collaborated with the Durham District Attorney’s Office, North Carolina Justice Center, Legal Aid of North Carolina, Durham County Criminal Justice Resource Center,
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and a host of other agencies (i.e., law schools, philanthropies, social justice organizations) over a two-year period to waive $2.7 million in fines and fees that kept more than 11,000 individuals from having their drivers’ licenses reinstated. The City and its partners continue to offer the DEAR Program to assist residents with expunctions and license restoration.
City of Long Beach Cannabis Equity Program
Recognizing that the war on drugs has disproportionately affected Communities of Color, the City of Long Beach established its Cannabis Equity Program to provide equitable opportunities for individuals who have been negatively affected by the criminalization of cannabis. The program aims to address the long-term, negative social impacts to Black, Indigenous, and People of Color (BIPOC) and low-income communities in Long Beach, including but not limited to loss of property, permanent disqualification from employment opportunities and family and community disintegration.
The program provides opportunities in following three areas:
• Business ownership: Equity applicants interested in opening a cannabis business can receive the following assistance to guide them through the application process: access to application workshops, fee waivers, direct grants, expedited application and facility plan check review, cultivation tax deferrals and direct technical assistance.
• Employment opportunities: Equity applicants interested in cannabis employment opportunities have access to employment opportunities, job fairs and orientations, and job search assistance. The City connects applicants to adultuse cannabis businesses, which are required to hire equity employees for at least 40 percent of the work hours performed at the business. • Community reinvestment: Every adult-use cannabis business is required to submit plans detailing how it will reinvest in communities affected by the war on drugs and how the business will support one or more of the following community priorities within eligible social equity program census tracts: child and youth development, violence prevention, re-entry, and economic inclusion.
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Consideration of Adult-Use Cannabis in Santa Monica and Cannabis Equity Program In November 2022, Santa Monica voters approved Measure HMP, which will allow the City to impose a tax on all commercial cannabis activities. The City Council on June 13, 2023, held a study session on adult-use cannabis. The Council received a presentation on key policy considerations for allowing adult-use cannabis businesses and other nonretail cannabis business types within the City, discussed options for allowing adult-use cannabis sales and associated regulatory restrictions, and provided direction to staff to commence the necessary steps and analysis for creating an adult-use cannabis program and ordinance. The Council expressed interest in establishing a variety of adult-use cannabis uses in the City with clear rules that will provide options for both retail and non-retail uses, protect sensitive uses in the community and advance social equity. The Council’s direction to staff included commencing a cannabis equity study to help inform future policy options for promoting opportunities so those negatively impacted by federal and state enforcement policies can benefit from the newly legalized industry. Staff is working on advancing the Council’s direction beginning with an ordinance to allow the conversion of the existing medicinal cannabis retailers to adultuse later this year. The Council will subsequently vote to affirm permit use, standards and limitations, policy, and regulations at a future meeting prior to implementation. Read more in the staff report (Attachment C)
Actions We Can Take Now
Given the documented disparities in our community and the growing momentum within the City organization to address equity, there are many things that can be done now to address past harms, break down systemic barriers, and advance equity for all our community members.
Strengthening Staff Expertise
In 2022, representatives of nearly every city department participated in the city’s Racial Equity Committee and undertook projects that made their department’s community engagement strategies more inclusive, opened new pathways into the organization for those wishing to join our workforce and new pathways for mobility within the organization for those wishing to grow their careers, and modified policies to embed
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equity into daily operations. In 2023, the committee will continue to take on department level projects and will also begin to serve as a resource to the City when issues of bias or hate occur in the community by providing insight to City leadership about effective communications and community involvement. The committee will also spend a portion of its time evaluating existing policies and programs for unconscious bias and sharing its findings with City leadership.
Outside of the Racial Equity Committee, all staff will continue to have opportunities to participate in trainings about Implicit Bias, Interrupting Microaggressions, Bystander Intervention techniques, and more. These trainings provide staff with opportunities to connect with each other, discuss sensitive topics in a supportive environment, and learn how best to integrate the values of equity and inclusion into their daily work, creating a better environment for both staff and our community. The City’s affinity groups, Black Leadership Advocating for Change through Connection and Kinship/Knowledge (BLACCK), the Coalition of Asian and Pacific Employees of Santa Monica (CAPE SM), CommUNITY (a multi-identity affinity group), Out in Santa Monica, and the Santa Monica Alliance of White Anti-Racists, will continue to provide opportunities for staff to grow stronger as allies and advocates.
In addition, to expand our shared understanding of equity and how local government influences equity outcomes for all residents, DEI trainings will be arranged for both Councilmembers and Board and Commission members in 2023-2024.
Assessing Our Impact
Taking the time to consider the City’s work more deeply and how it impacts specific communities will allow us to make informed decisions, proactively address potential disparities, and ensure that our policies and programs uplift and support all members of our diverse community. To that end, the DEI team will initiate a 12-month pilot program that will allow the City to analyze new work in new ways by performing equity impact assessments on four projects selected from a list of initiatives submitted by City department heads for consideration. The team will use an equity impact assessment tool (Attachment D) to review current and future policies, programs, services,
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procedures, and budget decisions for the City. The analysis process will include understanding the scope and project area of the project/program, population(s), and areas of quality of life that may be affected, strategies for community engagement, potential impacts from the policy/program, and potential mitigation approaches for any negative impacts identified through the analysis process.
Throughout the assessment process, the DEI team will actively collect feedback from the departments leading the work. These engagements will serve to refine the assessment tool throughout the pilot period, ensuring its effectiveness and relevance.
By incorporating the valuable insights and experiences of staff, the goal is to enhance the assessment process and strengthen its applicability across various City projects.
The DEI team is committed to providing comprehensive trainings on how to effectively utilize the equity impact assessment tool. Once the pilot period concludes, these trainings will be offered to all City departments. The objective is to encourage widespread adoption of an equity assessment process as an integral part of the regular workflow. By equipping departments with the knowledge and tools necessary to conduct equity impact assessments, we aim to embed equity considerations into the fabric of our decision-making processes, ultimately fostering a more inclusive and equitable city for all residents.
Grants for Equity
Many communities, including our own, have found significant value from developing a grant program that provides residents and community organizations with funds to advance equity in their communities. Santa Monica has done this through Cultural Affairs’ Community Access and Participation (CAP) program that funds exceptional artistic and/or heritage experiences and cultural opportunities which respond to community needs, and via Wellbeing Microgrants, which funded resident led projects that improved quality of life over a variety of areas. The DEI team will develop a similar grant program using the funds generated for equity uses from the Out of Home Kiosk Program, which will be available starting in 2025. In addition, there are vast resources available outside the City that can be applied toward equity programs. Staff will contract with a grant writer to assist with bringing outside funding to equity priorities to further
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amplify our progress toward transformational change for the communities that need it most.
Developing a Citywide Equity Plan
The efforts detailed above summarize the actions the City can take now with available resources. However, there is a larger goal for this work, and that is to develop and adopt a citywide equity plan that reflects the priorities of the diverse identities in our community, with an approach that is informed by insight from every City department. To develop this plan, we cannot rely on data and information collected prior to the pandemic. We will build on the work produced in advocacy by our community stakeholders in recent years by engaging deeply in the community to understand the specific equity priorities for each community, and how the City and community can achieve multi-dimensional progress together.
Creating a citywide equity plan that leverages municipal resources to address equity challenges means aligning views and fostering a sense of mutual support and shared goals among community members. The kickoff event for the community engagement process will feature participation from individuals representing diverse races, sexual orientations, ages, abilities, and more. The focus will be on encouraging the open sharing of identity-based challenges and highlighting the significance of allyship among different identity groups. Actively involving voices from various backgrounds from the start will set a tone of ongoing collaboration and problem-solving, ensuring that our engagement efforts genuinely reflect the needs and concerns of all community members.
Following the kickoff, through a series of open and inclusive discussions, community members will have opportunities to freely express their concerns, share their experiences, and contribute to shaping our collective vision for a more equitable future. These opportunities will include a City hosted community listening session, which will be accessible both in person and virtually, providing an opportunity for a broader audience to come together and voice their perspectives on the critical issues of equity.
Offering multiple platforms for participation ensures that community members can
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engage in a manner that suits their preferences and circumstances, fostering a rich and comprehensive dialogue around equity challenges and potential solutions.
To further amplify community voices and ensure a holistic representation of perspectives, stipends will be made available to individuals and community groups to assist them with holding their own listening sessions. The stipends, funded with 25% of the DEI team’s annual budget will be approved on a first come first serve basis via a public application and will remain available until funds are depleted. The stipends can be used to make the meetings as inclusive as possible, which could include paying for food, location, childcare, interpretation services or other accommodations for participants. These stipends will enable community members to convene focused discussions, allowing for deeper exploration of specific equity concerns within their respective groups. To facilitate meaningful analysis and incorporation of the discussions in the development of citywide equity priorities, we will provide standardized documentation packets to guide the sessions and ensure that the valuable insights gathered are effectively integrated into our equity team's analysis. Listening sessions will run for a duration of eight weeks, providing ample time for comprehensive engagement, and capturing diverse perspectives from across the community.
This approach aims to create a robust framework for capturing resident input, understanding their unique equity priorities, and leveraging their collective wisdom to drive informed decision-making. By engaging residents at various levels, from large community sessions to focused group discussions, the DEI team is committed to fostering an inclusive and participatory approach that empowers every member of our community to contribute to the advancement of equity and social justice.
Following the community engagement process, the DEI team will review and analyze the community feedback to identify major themes and collaborate with departments to identify existing programs and policies that could address each theme. From there, the team will develop a reference guide listing existing City programs, policies and priorities that have been created to address the challenges identified and will share that information with the community.
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The DEI team will host hybrid community meetings to share the major themes identified during the engagement process and share the existing City programs, policies, and priorities currently in place that are related to the areas of focus from the community.
The team will again open an application process to offer stipends to individuals and community groups to host a series of working meetings where residents will document recommended solutions to the major themes to help bridge the gap between solutions offered by existing City programs, policies and priorities, and new programs, policies and initiatives that could be developed.
At the conclusion of the analysis stage, the DEI team will present the community identified priorities, along with proposed solutions to the City Council for consideration and endorsement, to ensure that the Council is informed about the identified areas of focus, can share their preferred priority areas from those identified by the community and staff, and can provide support and guidance in driving equity initiatives. These priorities will become the City’s equity plan for the following five years, and the team will provide regular updates to the Council and the community regarding the progress made toward each goal.
Implementing the Citywide Equity Plan
To facilitate internal collaboration in service of the identified equity priorities, many of which will likely require many departments to collaborate, a dedicated Equity Task Force will be established, consisting of staff members from relevant departments. This task force will convene monthly meetings to develop a comprehensive work plan that includes clear milestones and a timeline. With recognition that, for most departments, the initiatives selected will create additional work for City staff, the DEI team will also be available to embed within departments for three-month rotations, providing support and expertise in research and development to prevent delays due to lack of capacity. This approach ensures that progress is achieved in a coordinated and consistent manner and allows departments to serve as valued subject matter experts in shaping new equity initiatives that are created to respond to the priorities set by the community.
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Communities are not stagnant, and a one-time engagement process will not yield the deeper connection and collaboration with our residents that would best serve the work of advancing equity in Santa Monica. A Community Equity Coalition will be created following the principles of the Truth, Racial Healing, and Transformation model. This engagement will involve major city institutions, both public and private sector partners, community stakeholders, and staff members. These quarterly meetings will emphasize truth-telling, addressing systemic racism, and fostering healing and transformation.
These sessions will also provide dedicated time to address emerging community concerns, ensuring that evolving needs and challenges are promptly addressed and incorporated into ongoing equity initiatives.
By implementing this comprehensive approach, the DEI team aims to foster a culture of equity, inclusion, and active community engagement. Through collaborative efforts, transparent decision-making processes, and ongoing dialogue, the City seeks to achieve meaningful and sustainable transformation while ensuring that community priorities remain at the forefront of its endeavors.
Legal Considerations
While the advancement of equity is a priority for the City, it is also important to keep in mind the existing state and federal legal framework regarding preferential treatment, based upon race, sex color, ethnicity, or national origin, including Proposition 209 (which prohibits preferential treatment in the areas of public employment, public education, and public contracting) as well as the recent U.S. Supreme Court decision on the grounds that these programs violated the Equal Protection clause of the Fourteenth Amendment. Staff will endeavor to address the equity gaps in Santa Monica in a manner that both addresses systemic racism that was generated and reinforced by historical wrongdoings while being mindful of the considerations above, with the understanding that within each individual effort a myriad of social identities including gender, sexual orientation, class, and ability benefit from the more inclusive policies generated by these efforts.
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Financial Impacts and Budget Actions
The stipends referenced in this report will be funded via the DEI team’s budget at $25,000, which is included in the City Manager’s Office budget for Fiscal year 2023- 2024.
This report was prepared by:
Lisa Parson, Equity and Inclusion Manager
Delana G. Gbenekama, Acting Communications and Public Information Manager David Gardinier, Acting Equity and Communications Coordinator Prepared By: Lisa Parson, Equity and Inclusion Manager
Approved Forwarded to Council
Attachments:
A. Racial Equity Assessment Tool
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Attachment D
City of Santa Monica
Racial Equity Assessment Tool
Why Use This Tool?
The City of Santa Monica is committed to improving the wellbeing of people who live, work, play and do business in Santa Monica. This commitment involves working in new ways to ensure equitable outcomes for everyone. Equity means recognizing that each person or group has different circumstances and providing the exact resources and opportunities needed to reach an equal outcome. Working to achieve equity acknowledges unequal starting places and the need to correct the imbalance. The purpose of this equity tool is to ensure that impacts to each person or group are rigorously and holistically considered and advanced in the design, implementation, selection, and monitoring of policies, projects, programs and services.
This tool is a manifestation of the City’s commitment to this work as exemplified by Council’s adoption of Racial Justice, Equity & Social Diversity as a priority at its March 11, 2023, workshop with this statement:
Racial Justice, Equity and Social Diversity
The City of Santa Monica acknowledges the effects of generational and institutional racism and discrimination, and its consequences that continue to impact our residents and businesses. These lessons of our history cannot be ignored. The City is committed to advancing racial equity and social diversity to improve the wellbeing of people who live, work, learn, play, and do business in our City and create a community where differences in life outcomes cannot be predicted by race, class, gender, disability or other identities.
Everyone in Santa Monica must have an opportunity to thrive.
Who will use this tool in the pilot year?
The Diversity, Equity and Inclusion (DEI) team will use this tool to review current and future policies, programs, services, procedures and budget decisions for the City of Santa Monica. In the future, the tool should be expanded for use by city staff, boards and commissions, and consultants.
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Packet Pg. 867 Attachment: Racial Equity Assessment Tool (5592 : Equity Update) What will be analyzed?
The analysis process will include understanding the scope and project area of the project/program, population(s) and areas of quality of life that may be affected, strategies for community engagement, potential impacts from the policy/program, and potential mitigation approaches for any negative impacts identified through the analysis process. Full details are below.
Step 1: Scope
a: What are we thinking about doing and why?
1. Implementing a new policy, project, program, and/or service
2. Making a funding decision
3. Public outreach and engagement activity/event
Describe the project area and give a detailed description of methods and outcomes including intended equity outcomes.
b: Which of the following determinants of community wellbeing are affected?
1. Early Childhood Development
2. Education
3. Mental/Behavioral Health
4. Clinical Health Services
5. Chronic Disease
6. Substance Abuse
7. Long-Term Care
8. Social Health Services
9. Jobs and Job Training
10. Law and Justice
11. Food Systems
12. Parks and Natural Resources
13. Built & Natural Environment
14. Transportation
15. Community Economic Development
16. Neighborhoods
17. Housing
18. Community & Public Safety
19. Jobs and Job Training
Step 2: Population(s) affected.
a. Have you identified the racial/ethnic groups in your jurisdiction? b. Who could be affected and what do we already know about them? How will the proposed policy, practice or decision affect each group?
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Packet Pg. 868 Attachment: Racial Equity Assessment Tool (5592 : Equity Update) c. Review the following considerations to inform your response in the table below. • Which groups are currently most advantaged and most disadvantaged by the issues this proposal seeks to address?
• How are they affected differently?
• What quantitative and qualitative evidence of inequality exists? • What evidence is missing or needed?
• How will this decision impact families that are not native English speakers? • How will this impact undocumented residents?
• How will this policy impact residents who are disproportionately represented or who are experiencing disparate outcomes?
• How will the proposed policy, practice or decision be perceived by each group? • Is the project team developing this policy or practice change in a way that is transparent and inclusive? How?
• How have you included families of color meaningfully in this process? • On what basis can you assess whether families of color will view this decision as one they should have been a part of making? Will families feel they have valuable ideas to contribute?
• How have you included tribal nations meaningfully in this process? • Does the policy, practice or decision worsen or ignore existing disparities? • Does this policy or practice change attempt to address existing disparities in community wellbeing? Are there ways that it could?
• Is there a meaningful investment of resources and staff to support this policy or program change?
• Have you developed a plan to track and adjust this policy or program? Is this process transparent and inclusive?
d. Review the following data sources for inclusion in the table below.
1. Zip Code level census data: https://data.census.gov
2. Census Quick Facts: https://www.census.gov/programssurveys/sis/resources/data-tools/quickfacts.html
3. Policylink Equity Atlas: www.nationalequityatlas.org
4. Mapping Inequality: https://dsl.richmond.edu/panorama/redlining/#loc=4/36.71/-
96.93&opacity=0.8
5. County Health Rankings: www.countyhealthrankings.org
6. Local Public Health data: http://publichealth.lacounty.gov/statrpt.htm
7. Local Public School data: http://www.ed-data.org/district/Los-Angeles/SantaMonica--Malibu-Unified
8. City of Santa Monica Open Data Portal: https://data.smgov.net/
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Packet Pg. 869 Attachment: Racial Equity Assessment Tool (5592 : Equity Update) List
Population(s)
Affected
Based on
available
data, list
known
disparities
Populations
most
advantaged
Populations
least
advantaged
Data Source
Race/ethnicities
:
Tribes:
Income:
Geography:
Immigration
status:
Language
Gender identity
and sexuality:
Disability status:
Religion:
People
experiencing
homelessness /
unhoused.
Step 3: Potential impacts
1. Are all racial and ethnic groups that are affected by the policy, practice or decision at the table?
a. Is the project team engaging communities that have
been historically from involvement in our cities, as well as those continuing to face other barriers to civic
participation that will be impacted by this policy or
practice change, including but not limited to the BIPOC, LGBTQ+ and disability communities?
b. Is the project team considering the views of marginalized communities by engaging diverse representation from families of all structures, service providers, residents, businesses, students and people who work in Santa Monica?
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Packet Pg. 870 Attachment: Racial Equity Assessment Tool (5592 : Equity Update)
2. Describe the process for engaging affected communities. If the community was not engaged, please provide the demographic details of the population that will be impacted by the project or policy and any analysis performed using that data.
3. Contact affected communities to learn community and social determinants context.
If community engagement is not a part of the process, please respond using any research that was done on the impacted communities.
Population
Affected (Transfer
from Step 2)
List Their Priorities
and Concerns
Positive and
negative impacts
on determinants
of community
wellbeing
(Reference Step
1b)
Is this proposed action in
alignment or divergence
with affected
populations’ priorities
and concerns?
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Packet Pg. 871 Attachment: Racial Equity Assessment Tool (5592 : Equity Update) Step 4: Equitable alternatives
Based on the above responses, what revisions are needed in the policy, practice or decision under discussion?
Potential Negative
Impact (Reference
Step 3)
Develop and Explain
Alternative Action(s)
(Include multiple
perspectives)
Evaluate Alternatives
1. Who will this benefit now and
in the future?
2. How will this improve or
worsen equity outcomes?
3. How will this align with
community priorities?
Step 5: Implementation
1. Connect back to affected populations to discuss actions and alternatives and partner to implement. Briefly explain partnership strategies (Who are included? Is everyone clear about roles/responsibilities in the implementation? Reference community engagement continuum.)
2. How is accountability being built into the process?
3. If unintended consequences occur during implementation, how will they be handled?
4. How will you ensure a communication loop back to all stakeholders in the process?
5. How will you align this work with work already being done in the affected communities?
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Packet Pg. 872 Attachment: Racial Equity Assessment Tool (5592 : Equity Update) City Council
Report
City Council Meeting: July 18, 2023
Agenda Item: 8.A
1 of 2
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Annual Appointments to the following Boards and Commissions. Continued from 6/27/2023.
Board/Commission No. of
Seats
Term
End Date
Special Requirements
Airport Commission 2 6/30/2027 Reside in the City.
Architectural Review Board 1 6/30/2027
Arts Commission 3 6/30/2027 Reside or work in the City.
Commission on
Sustainability, Environmental
Justice and the Environment
2 6/30/2027 Reside or work in the City.
Disabilities Commission 1 6/30/2027 Reside in the City.
Housing Commission 2 6/30/2025 Two must be affordable
housing program participant
where one is 62-years or older
and the other is unhoused or
formerly unhoused.
Human Services
Commission
2 6/30/2027 Reside in the City.
Personnel Board 1 6/30/2027 Reside in Santa Monica or LA County that is employed within
the City, own property or hold
business licenses in the City
Planning Commission 3 6/30/2027 Reside in the City.
Public Safety Reform and
Oversight Commission
3 6/30/2027 At least one shall be between
18-22 years.
Recreation and Parks
Commission
1 6/30/2027 Reside in the City.
Santa Monica Library Board 1 6/30/2027 Reside in the City.
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Urban Forest Task Force 2 6/30/2025 Must be current or past certified arborist. All must
reside, work or hold business
licenses in the City
Prepared By: Xavier Mota, Staff Assistant III
Approved Forwarded to Council
Attachments:
A. Applicant List
B. Written Comments
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Packet Pg. 874
City of Santa Monica
Boards and Commissions Applicants
Airport Commission
Name Application Date
Falk, Margaret
Griffin, Margaret
Gross, Spencer D.
Hopkins, David J.
Lopez, Eve
Neri, Geoffrey A.
05/25/2022
06/21/2023
06/20/2023
06/21/2023
01/23/2022
06/18/2023
Scott, Kate 05/22/2022
TOTAL APPLICANTS: 7
*Incumbents listed in green
8.A.a
Packet Pg. 875 Attachment: Applicant List (5866 : Continued: Annual Appointments) City of Santa Monica
Boards and Commissions Applicants
Architectural Review Board
Name Application Date
Edward Scott 05/16/2023
TOTAL APPLICANTS: 1
*Incumbents listed in green
8.A.a
Packet Pg. 876 Attachment: Applicant List (5866 : Continued: Annual Appointments) City of Santa Monica
Boards and Commissions Applicants
Arts Commission
Name Application Date
Beall, Jeff
Benjamin, Kathleen D.
Boghosian, Ana
Edgar, Michelle S.
Fox, Kara K.
Karetsky, Ethan
Lin, Jason
Petrakos, Bren C.
Subramaniam, Deepa
Warren, Eric
05/17/2023
06/19/2023
12/13/2022
05/24/2023
06/15/2022
06/16/2023
01/19/2023
06/21/2022
05/17/2023
01/01/2023
TOTAL APPLICANTS: 10
*Incumbents listed in green
*Serves in the Library Board
8.A.a
Packet Pg. 877 Attachment: Applicant List (5866 : Continued: Annual Appointments) City of Santa Monica
Boards and Commissions Applicants
Commission on Sustainability, Environmental Justice,
and the Environment
Name Application Date
Bush, Jeff
Joe, Laurel S.
Kubani, Dean A.
Lappen, David I.
Mearns, Susan L.
Moss, Kyle
Newbold, Gerda
06/19/2023
04/02/2023
06/12/2023
03/07/2023
06/20/2023
03/08/2023
03/30/2023
TOTAL APPLICANTS: 7
*Incumbents listed in green
*Serves in the Audit Subcommittee
8.A.a
Packet Pg. 878 Attachment: Applicant List (5866 : Continued: Annual Appointments) City of Santa Monica
Boards and Commissions Applicants
Disabilities Commission
Name Application Date
TOTAL APPLICANTS: 0
*Incumbents listed in green
8.A.a
Packet Pg. 879 Attachment: Applicant List (5866 : Continued: Annual Appointments) City of Santa Monica
Boards and Commissions Applicants
Housing Commission
Name Application Date
Camner, Leonora S.
Finley, Sheila A.
Garcia, Lydia
Gordon, Gail
Hass, Ryan O.
Ha, Edmund
Marasco, Theresa H.
06/16/2022
07/06/2023
11/30/2021
07/18/2022 – Not applying for
affordable housing recipient over 62 seat
12/06/2021
11/30/2021
06/19/2023
Susman, Matthew B. 09/20/2022
TOTAL APPLICANTS: 8
*Incumbents listed in green
*Serves on the Disabilities
Commission
8.A.a
Packet Pg. 880 Attachment: Applicant List (5866 : Continued: Annual Appointments) City of Santa Monica
Boards and Commissions Applicants
Human Services Commission
Name Application Date
Einbinder, Susan D.
Finkelstein, Helen M.
Hemphill-Elsea , Alexis M.
Manvel, Marie
Muntaner, Zoe
06/12/2023
03/30/2023
06/21/2023
05/03/2023
04/07/2023
TOTAL APPLICANTS: 5
*Incumbents listed in green
8.A.a
Packet Pg. 881 Attachment: Applicant List (5866 : Continued: Annual Appointments) City of Santa Monica
Boards and Commissions Applicants
Santa Monica Library Board
Name Application Date
Aimonetti, Heidi Vega
Cody, Daniel
Flaig, Nick
Hugh-Jones, Dan
Maya, Doris
McRitchie, Karen
Schmidt, Laurel
Spears, Antonio D.
Tuckman, Deborah
06/09/2023
06/14/2022
06/07/2023
06/14/2022
07/26/2023
06/08/2023
05/22/2023
06/05/2023
06/08/2023
TOTAL APPLICANTS: 9
*Incumbents listed in green
8.A.a
Packet Pg. 882 Attachment: Applicant List (5866 : Continued: Annual Appointments) City of Santa Monica
Boards and Commissions Applicants
Personnel Board
Name Application Date
Allen, Melanie Luthern
Van de Bunt, Dirk W.
06/20/2023
11/07/2022
TOTAL APPLICANTS: 2
*Incumbents listed in green
8.A.a
Packet Pg. 883 Attachment: Applicant List (5866 : Continued: Annual Appointments) City of Santa Monica
Boards and Commissions Applicants
Planning Commission
Name Application Date
Ciszek, Thomas
Cohen, Deborah
Fonda-Bonardi, Mario
Fresco, Nina
Hamilton, Josh D.
07/11/2022
12/15/2022
06/19/2023
06/18/2023
02/24/2022
Ries, Jim
Sinunu, Alexander J.
06/18/2023
01/18/2023
TOTAL APPLICANTS: 7
*Incumbents listed in green
*Serves in the Housing Commission
8.A.a
Packet Pg. 884 Attachment: Applicant List (5866 : Continued: Annual Appointments) City of Santa Monica
Boards and Commissions Applicants
Public Safety Reform and Oversight Commission
Name Application Date
Banister, Xavier H.
Cruz, Jaime S.
Devermont, Derek
Feldman, Jason K.
Gielicz, Albin R.
Goldberg, Aimee
Graber, Stuart B.
Kolding, Lucas
Mohanty, Adya
Singer, Donald I.
Walter, Craig A.
Winnemore, Paul L.
03/07/2022
06/20/2023
05/15/2023
06/15/2022
06/20/2022
06/20/2023
06/05/2022
03/02/2022
06/20/2023
06/16/2022
03/10/2022
03/07/2021
TOTAL APPLICANTS: 12
*Incumbents listed in green
*Registered Lobbyist and Serves In
the TOT Advisory Committee
*Serves as Ex-Offifio for the Public
Safety Reform and Oversight
Commission
8.A.a
Packet Pg. 885 Attachment: Applicant List (5866 : Continued: Annual Appointments) City of Santa Monica
Boards and Commissions Applicants
Recreation and Parks Commission
Name Application Date
Besser, Sean
Bowman, Ann K.
Ciriello, Peter
Lin, Jason
Martin, Chip
Thompson, Mei Lisa D.
06/01/2023
06/13/2023
04/19/2023
01/19/2023
06/20/2023
06/20/2022
TOTAL APPLICANTS: 6
*Incumbents listed in green
*Serves in the Library Board
8.A.a
Packet Pg. 886 Attachment: Applicant List (5866 : Continued: Annual Appointments) City of Santa Monica
Boards and Commissions Applicants
Urban Forest Task Force
Name Application Date
Martinez, Armando
Rubin, Jerry
07/07/2023
07/06/2023
TOTAL APPLICANTS: 2
*Incumbents listed in green
8.A.a
Packet Pg. 887 Attachment: Applicant List (5866 : Continued: Annual Appointments) 1 Xavier Mota
From: Ann Maggio <[email protected]>
Sent: Thursday, June 22, 2023 5:13 PM
To: Denise Anderson-Warren; David White; Douglas Sloan; councilmtgitems Subject: June 27 Item 16.A. - When did the Council approve language changes for who can serve on the Disabilities and Housing Commissions?
EXTERNAL
Dear City Staff,
Are you telling the public that there's a NEW MINIMUM REQUIREMENT STANDARD - one of self identification - in order to check the box and fulfill City Council's long standing requirement that these 2 open seats for the Disabilities Commission are filled with people with a disability? "Two must be self-identified persons with a disability and reside in the City." Are you telling the public that there's a NEW NEW MINIMUM REQUIREMENT STANDARD to fulfill City Council's long standing requirement that these 2 open seats for the HOUSING Commission are filled with people with people who are HOUSING AUTHORITY PARTICIPANTS (meaning folks who receive public assistance) has been minimized to check the box by changing it to "Affordable Housing Program Participants"? Two must be affordable housing program participant where one is 62-years or older and the other is unhoused or formerly unhoused.
David, I am 100% sure you know exactly what is going on here with the language change that was NEVER brought before the City Council for approval. STOP and return the prior language until such time that you decide to bring these substantive changes to the vote of the City Council.
Thank you.
Ann Maggio Thanawalla
"Unthinking respect for authority is the greatest enemy of truth." ‐ Albert Einstein ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
8.A.c
Packet Pg. 888 Attachment: Written Comments (5866 : Continued: Annual Appointments) 1 Xavier Mota
From: Ann Maggio <[email protected]>
Sent: Friday, June 23, 2023 10:31 AM
To: councilmtgitems; Phil Brock; Oscar de la Torre; Christine Parra Subject: June 27 Item 16.A. - Housing Commission appointment
EXTERNAL
Please reappoint Commissioner Marasco to the Housing Commission seat she holds today.
Thank you,
Ann Maggio Thanawalla
"Unthinking respect for authority is the greatest enemy of truth." ‐ Albert Einstein ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
8.A.c
Packet Pg. 889 Attachment: Written Comments (5866 : Continued: Annual Appointments) From: Brian Stedge-Stroud
To: councilmtgitems
Subject: Item 16A -Michelle Edgar
Date: Friday, June 23, 2023 2:05:19 PM
EXTERNAL
June 23, 2023
Santa Monica City Council
City Hall
1685 Main Street, Room 209
Santa Monica, CA 90401
RE: Annual Appointments to the following Boards and Commissions – Arts Commission
Dear Mayor and City Councilmembers,
I am writing in support of Michelle Edgar’s application to the Arts Commission.
She is the Founder and CEO of the non-profit Music Unites with the mission to raise academic and lifetime achievement for at-risk public school students through the support and creation of unique music education partnerships and programs. The non-profit currently provides free after-school music programs to youth through school-based partnerships, along with special monthly workshops designed in alignment with standards for career and college readiness.
She most recently launched Salsa Way on the Santa Monica Pier, a 3-month series highlighting local renowned artists and musicians from the salsa community and worked with the Santa Monica Pier to integrate this programming on the Pier as part of Local’s Night.
With the growing need and opportunity of culture in our city and Michelle’s high level marketing, entertainment and sports connections, I know she will be an asset to the city and the Commission. She will offer a new perspective and will help execute powerful programs and ideas that will benefit our community.
Please strongly consider her appointment to the Santa Monica Arts Commission.
Brian Stedge-Stroud
ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
8.A.c
Packet Pg. 890 Attachment: Written Comments (5866 : Continued: Annual Appointments) 90404
ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
8.A.c
Packet Pg. 891 Attachment: Written Comments (5866 : Continued: Annual Appointments) From: Council Mailbox
To: councilmtgitems
Subject: Fw: In support of Arts Commission candidate Michelle Edgar - Item 16A Date: Friday, June 23, 2023 2:11:08 PM
From: Michael Masucci <[email protected]> Sent: Friday, June 23, 2023 1:24 PM
To: Council Mailbox <[email protected]>
Subject: In support of Arts Commission candidate Michelle Edgar Dear Members of the Santa Monica City Council,
I am writing to give my upmost support to the candidacy of Michelle Edgar, for the Santa Monica Arts Commission.
Ms. Edgar’s experience in both the worlds of the creative arts, as well as her professional experience in management, marketing and legal studies makes her ideal for the Arts Commission. Her skill sets will augment, expand and synergize the talents already on the Commission and will bring together the enormous possibility for continued advocacy and support for the art in Santa Monica.
As a city that understands the enormous value that the arts offer its stakeholders, Ms. Edgar will be an enormous addition to what the city envisions going forward and can achieve a leadership position within the Commission going forward, both on its subcommittees as well as a whole.
I hope you endorse her candidacy and bring to the Commission a committed a proven leader, whose talent and experience will only further improve the effectiveness and value of the Arts Commission.
As this month's Arts Commission meeting will conclude my tenure as Chair of the Arts Commission, I am deeply concerned with the recruitment of proven exemplary new talent to serve in the years to come. Ms, Edgar's demonstrated record is exactly such talent, and I hope you will agree.
Thank you for your consideration,
Michael J. Masucci
Chair, Santa Monica Arts Commission
ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
8.A.c
Packet Pg. 892 Attachment: Written Comments (5866 : Continued: Annual Appointments) From: Clerk Mailbox
To: councilmtgitems
Subject: FW: Agenda Packet - Jun 27, 2023 (Tue) - City Council Date: Friday, June 23, 2023 3:48:44 PM
From: Ann Maggio <[email protected]>
Sent: Thursday, June 22, 2023 4:57 PM
To: Clerk Mailbox <[email protected]>; David White <[email protected]>
Cc: Oscar de la Torre <[email protected]>; Christine Parra <[email protected]>; Phil Brock <[email protected]> Subject: Fwd: Agenda Packet - Jun 27, 2023 (Tue) - City Council
EXTERNAL
Regarding the 6/27/2023 Agenda, Item 16.A.
Please provide documentation to show when the City Council agreed that the standard for disabled members of the Disabilities Commission simply allows for Self Identification. "Two must be self-identified persons with a disability and reside in the City." Thank you,
Ann Maggio Thanawalla
"Unthinking respect for authority is the greatest enemy of truth." - Albert Einstein ---------- Forwarded message ---------
From: City Clerk <[email protected]>
Date: Thu, Jun 22, 2023 at 3:54 PM
Subject: Agenda Packet - Jun 27, 2023 (Tue) - City Council To:
Please see the attached Agenda Packet document for the following meeting:
City Council
Regular Meeting
Tuesday, June 27, 2023 5:30 PM
1685 Main Street, Room 250, Santa Monica, CA 90401
ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
8.A.c
Packet Pg. 893 Attachment: Written Comments (5866 : Continued: Annual Appointments) Download PDF Agenda Packet
|View Web Agenda Packet
Document Modified: 6/22/2023 3:51 PM
If you no longer wish to be included in this distribution list you can remove yourself through the meeting web portal or reply to this message.
ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
8.A.c
Packet Pg. 894 Attachment: Written Comments (5866 : Continued: Annual Appointments) From: Debra Shepherd
To: councilmtgitems
Subject: Item 16A
Date: Saturday, June 24, 2023 8:57:56 PM
EXTERNAL
Good day Council members:
I would like to support Theresa Marasco to be re-appointed to serve on the Housing Commission. I have learned so much from her as a housing voucher recipient. I appreciate Theresa's vast knowledge of HUD regulations and requirements.
I have reviewed all of the applications for the Housing Commision. I don't think that there is a more qualified applicant than Theresa Marasco. Please re-appoint Theresa to the Housing Commision. She has the knowledge, work experience, and work ethic to serve our community.
Best regards,
Debra Shepherd
Former Chair SMMUSD SEDAC Chair
Santa Monica HCV holder/resident
ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
8.A.c
Packet Pg. 895 Attachment: Written Comments (5866 : Continued: Annual Appointments) From: Alexandra Sokol
To: councilmtgitems
Subject: Endorsement for Commission on Sustainability, Environmental Justice and The Enviroment Date: Monday, June 26, 2023 1:34:18 PM
Attachments: image.png
EXTERNAL
Dear Council Members -
I would like to fully endorse the reappointment of Dean Kubani and Susan Mearns to the Commission on Sustainability, Environmental Justice and The Environment.
They are both a driving force and highly knowledgeable in the field, as well as a history of understanding both the needs of the city and the commission. As a Commissioner myself, their valuable scientific input and deep knowledge of the city have continued to add important expertise to the Commission.
My Regards - Alexandra Sokol
--
Alexandra Sokol
EnviroDynamix™
Chief Sustainability Strategist & EVP Project Development m: 310.500.7722 | [email protected]
Commissioner at City of Santa Monica Commission on Sustainability, Environmental Justice and the Environment | Santa Monica EV Sub-Committee & Airport Redevelopment Committee Member | USGBC Advisor | LEED GA & ND | Member of SWRR | Member of Millennium Project Environmental Node |
American Anthropology Assoc. Member - Disaster TIG
http://www.envirodynamix.com
--------- This message (including any attachments) may contain privileged and confidential information. It is intended to be conveyed only to the designated recipient(s) named above. Do not read, copy or share this communication unless you are the intended recipient. If you have received this message in error, please notify the sender immediately by replying to this message and then delete all copies of it from your computer system. Any use, dissemination, distribution, disclosure, or reproduction of this message by unintended recipients is strictly prohibited. Thank you for your cooperation.
ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
8.A.c
Packet Pg. 896 Attachment: Written Comments (5866 : Continued: Annual Appointments) From: Council Mailbox
To: councilmtgitems
Subject: Fw: In support of reappointment of Deepa Subramanian and Kathleen Benjamin to Arts Commission Date: Monday, June 26, 2023 8:26:23 AM
From: Michael Masucci <[email protected]> Sent: Friday, June 23, 2023 3:36 PM
To: Council Mailbox <[email protected]>
Cc: Laurie Yehia <[email protected]>; Sofia Klatzker <[email protected]>; Mary-Elizabeth Michaels <Mary[email protected]>; Michael Baroff <[email protected]> Subject: In support of reappointment of Deepa Subramanian and Kathleen Benjamin to Arts Commission
Dear members of the Santa Monica City Council,
I wanted to give my very strong support to the reappointment of two exemplary Arts Commissioners, Deepa Subramanian and Kathleen Benjamin. Both of these remarkable individuals are not only experienced professionals, whose wisdom and perspective enhance every Arts Commission meeting, but they are outstanding and effective contributors to the Subcommittee that they are part of as well.
I cannot over emphasize my conviction that these two people are essential to the success of the Arts Commission going forward and expect them both to quickly rise to leadership positions within the Commission in the years ahead.
I hope that you will re-appoint these two Commissioners, who stand among the most impactful and hard-working of all the Commissioners.
Thank you for your consideration on these important appointments.
Your truly,
Michael J. Masucci
Chair, Santa Monica Arts Commission
ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
8.A.c
Packet Pg. 897 Attachment: Written Comments (5866 : Continued: Annual Appointments) From: Robert Brown
To: councilmtgitems
Subject: ITEM 16 - Airport Commissioners
Date: Monday, June 26, 2023 2:41:23 PM
EXTERNAL
Dear SM City CouncilmembersI urge you to reappoint GEOFFREY NERI to another term on the SMO Airport Commission and urge you to appoint MARGARET GRIFFIN to her first term on the SMO Airport Commission. These two individuals are dedicated to continuing the work at SMO and its transition to a public park for the enjoyment of the entire community. They are dedicated to do the work the residents have called and voted for. They are imminently qualified to hold these important positions and I urge you to appoint them. Thank you.
Sincerely,.
Robert Curtis Brown
2401 Pier Avenue
E: [email protected]
ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
8.A.c
Packet Pg. 898 Attachment: Written Comments (5866 : Continued: Annual Appointments) From: Christine Hardin
To: councilmtgitems
Subject: Item 16
Date: Monday, June 26, 2023 4:19:55 PM
EXTERNAL
Dear Council members,
Please re-appointment of GEOFFREY NERI for a second term and MARGARET GRIFFIN for a first term on the Santa Monica Airport Commission. They are so qualified and passionate about the work, I can't imagine anyone better in the position. They both seem to have our best interests in mind and have the experience working with diverse groups of people. I think we are so lucky to have them interested to participate in the important work ahead regarding the airport property. They seem to know the local history, the codes and laws, and the stated vision for the future of SMO. We need great leaders involved and I believe that Geoffrey Neri and Margaret Griffin are exceptional. Please take this into consideration when making your decision.
Thank you.
Christine & Joseph Hardin
2349 Pier Avenue
ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
8.A.c
Packet Pg. 899 Attachment: Written Comments (5866 : Continued: Annual Appointments) From: David Kaplan
To: councilmtgitems
Subject: Item 16 - Airport Commission: Geoffrey Neri and Margaret Griffin Date: Monday, June 26, 2023 4:59:56 PM
EXTERNAL
As a long time citizen in Sunset Park I highly recommend Geoffrey Neri and Margaret Griffin for the Airport Commission.
Thank you,
David Kaplan
2419 Pier Avenue
ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
8.A.c
Packet Pg. 900 Attachment: Written Comments (5866 : Continued: Annual Appointments) From: Airport2Park
To: councilmtgitems
Cc: Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre Subject: Airport Commission Appointments June 27, 2023
Date: Tuesday, June 27, 2023 8:53:15 AM
Attachments: Airport2ParkCCPublicInput062723.pdf
EXTERNAL
Council members,
The Santa Monica Airport2Park Board endorses Geoffrey Neri for re-appointment for a second term and Margaret Griffin to fill the remaining Airport Commission vacancy.
Mr. Neri has served honorably for the last four years. His vision of the SMO’s future is in line with the goals of the Airport 2 Park Foundation to revert the 227 acres that now comprise the Santa Monica Airport into Parkland. In 1926, the City purchased the land for Cloverfield with Park Bond Funds. It featured tennis courts, an 18 hole golf course, pistol and archery ranges, recreation center, playing fields, and playgrounds.
Ms. Griffin has exceptional professional experience that makes her well suited to lend her expertise on the Airport Commission as the City moves forward in the transition process of the Airport Land. She is an architect, landscape designer, master planner, and educator.
In her previous service on the Architectural Review Board, she gained familiarity with both City processes and policies related to planning, development standards, accessibility requirements, zoning and building codes. With her planning and construction experience, she developed the ability to find creative solutions for issues that will arise in re-imagining of the unique topography of the SMO parcel including traffic impacts, hillside and grading conditions.
Ms. Griffin will be a valuable asset to have on the Airport Commission as the planning process for the Airport land moves forward.
Appointing Margaret Griffin and Geoffrey Neri to the Airport Commission will be a step in fulfilling the original intent of the City of Santa Monica when the land was purchased to create a grand park for all to use and benefit.
Santa Monica Airport2Park Foundation
Neil Carrey, President
Board members
Michael Brodsky
John Fairweather
Frank Gruber
Cathy Larson
Mike Salazar
ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
8.A.c
Packet Pg. 901 Attachment: Written Comments (5866 : Continued: Annual Appointments) #+"
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ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
8.A.c
Packet Pg. 902 Attachment: Written Comments (5866 : Continued: Annual Appointments) From: [email protected]
To: councilmtgitems
Cc: Gleam Davis; Lana Negrete; Phil Brock; Christine Parra; Oscar de la Torre; Caroline Torosis; Jesse Zwick Subject: 16A: Please reappoint Theresa Marasco to Housing Commission Date: Monday, June 26, 2023 11:32:47 PM
EXTERNAL
Hello Mayor Davis, Mayor Pro Tempore Negrete, and esteemed City Councilmembers, I am writing to urge you to reappoint Housing Commission Vice Chair Theresa Marasco to another term as Housing Commissioner for the two year seat dedicated to Housing Authority clients who have lived experience of homelessness. The city is lucky to have such a dedicated, knowledgeable, and hardworking volunteer.
Theresa Marasco is a smart, passionate, dedicated volunteer with unusually broad and deep experience with numerous aspects of housing, in particular affordable housing, HUD programs and policies, best housing program practices, affirmatively furthering fair housing and HUD's new requirements thereof, and new developments and innovations in affordable housing development and programming.
In her first term on the Housing Commission, Vice Chair Marasco has been instrumental in conceiving and executing an unprecedentedly ambitious and diverse annual work plan that reflects the myriad housing issues facing Santa Monicans. She dedicates countless hours to speaking with marginalized and other constituents to ensure she hears, understands, and addresses their concerns. She regularly attends meetings of related city boards and commissions, including those of the Planning Commission and Architectural Review Board, and works with staff and colleagues to increase dialogue and transparency. There is no one better qualified for this appointment.
Santa Monica is better for Housing Commission Vice Chair Theresa Marasco's extraordinary service. She has accomplished much in her brief time on the Housing Commission and there is so much more work that remains for her to do. Please reappoint her to her well-earned Housing Commission seat.
Thank you very much for your consideration.
Very best wishes,
Michelle Gray
ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
8.A.c
Packet Pg. 903 Attachment: Written Comments (5866 : Continued: Annual Appointments) From: Zina Josephs
To: councilmtgitems
Cc: Zina Josephs
Subject: City Council 6/27/23 agenda item 16 -- Airport Commission appointments Date: Tuesday, June 27, 2023 9:54:32 AM
EXTERNAL
June 27, 2023
To: Mayor Davis and City Council Members
From: Board of Directors, Friends of Sunset Park (FOSP) RE: City Council 6/27/23 Agenda Item 16
Airport Commission Appointments
Endorse Geoffrey Neri and Margaret Griffin
The Friends of Sunset Park Board endorses the appointment of Margaret Griffin for the current Airport Commission vacancy and the re-appointment of Geoffrey Neri for a second term.
As the City moves forward in the planning process for the Airport Land, the Airport Commission, in its advisory role to City Council, is in a position to provide guidance and be an additional forum for the public to express their wants and desires for the future use of the Airport property.
Ms. Griffin has expertise drawn from her professional life and previous service to the City as a member of the Architectural Review Board (ARB). She is an architect, landscape designer, master planner, and educator. Her professional background would provide a unique skill-set not possessed by any current Airport Commissioners.
Her service on the ARB has given her knowledge and insight in City processes, development standards, zoning, and building codes that will give her a valuable voice in the future planning of the Airport Land.
Mr. Neri has completed serving his first term. A litigation attorney by profession, he has experience resolving disputes, listening to competing voices, finding common ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
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Packet Pg. 904 Attachment: Written Comments (5866 : Continued: Annual Appointments) ground and formulating compromises. As the City continues to operate SMO as an Airport until Dec. 31, 2028, having a legal eye on the Commission is always a beneficial asset. His support of the transitioning the Airport Land into Public Space is in line with the City’s vision of the future of SMO by engaging in a public process to re-imagine the possibilities.
Clare Thomas, President
Friends of Sunset Park
Board members:
Peter Donald
Ofer Grossman
Aliceann Grusin
Zina Josephs
Nikki Kolhoff
Cathy Larson
Jeanne Laurie
John Murdock
ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
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Packet Pg. 905 Attachment: Written Comments (5866 : Continued: Annual Appointments) From: Natalie Atun Greenberg
To: councilmtgitems
Subject: GEOFFREY NERI and MARGARET GRIFFIN - Santa Monica Airport Commission Date: Monday, June 26, 2023 8:51:47 PM
EXTERNAL
Hi,
As a homeowner in Santa Monica, I write to support the re-appointment of GEOFFREY NERI for a second term and MARGARET GRIFFIN for a first term on the Santa Monica Airport Commission. Both are truly outstanding individuals who will serve our community well. Thanks for your consideration.
Natalie A. Greenberg
917.686.9321
ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
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Packet Pg. 906 Attachment: Written Comments (5866 : Continued: Annual Appointments) From: [email protected]
To: councilmtgitems
Subject: Item 16 Airport Commission Appointments Endorse Griffin and Neri Date: Monday, June 26, 2023 11:33:38 PM
EXTERNAL
Councilmembers,
I urge Councilmembers to re-appoint Geoffrey Neri for a second term and appoint Margaret Griffin for the remaining Airport Commission vacancy.
Both applicants have professional expertise that would be valuable assets on the Airport Commission.
Ms. Griffin is an architect, landscape designer, master planner, and educator. As the City moves forward in the future planning of the Santa Monica Airport Land, her background will create a unique voice on the Airport Commission.
Mr. Neri is a litigation lawyer. He has served a first term as Airport Commissioner. His legal background has been useful in analyzing airport issues, listening to competing voices, finding common ground, and formulating solutions.
Cathy Larson
Sunset Park Resident
Airport2Park Boardmember
FOSP Boardmember
ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
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Packet Pg. 907 Attachment: Written Comments (5866 : Continued: Annual Appointments) From: Cathy Larson and Roger Allen
To: councilmtgitems
Subject: Item 16 Airport Commission Appointments Support Neri and Griffin Date: Tuesday, June 27, 2023 8:28:58 AM
EXTERNAL
Councilmembers,
I support the re-appointment of Geoffrey Neri to the Airport Commission and Margaret Griffin to fill the vacancy by termed out Joe Schmitz.
Thank you,
Roger Allen
Sunset Park Resident
ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
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Packet Pg. 908 Attachment: Written Comments (5866 : Continued: Annual Appointments) From: Carol Lemlein
To: councilmtgitems
Subject: June 27 Agenda Item 16 A - Appointment to Boards And Commissions - Planning Commission - Nina Fresco Date: Tuesday, June 27, 2023 10:35:56 AM
EXTERNAL
Mayor and Honorable Council Members,
I am writing to ask for your support for Nina Fresco's appointment to a third term on the Planning Commission.
Nina has an unusually broad knowledge and experience with the many issues presented to the Planning Commission for decisions and recommendations to Council, ranging from the many facets of our adopted plans to local history and historic preservation. She is actively involved with a broad variety of community organizations, as exemplified by Committee for Racial Justice, the Quinn Research Center, and the Santa Monica Conservancy.
In short, Nina is eminently qualified to serve Santa Monica on the Planning Commission during the next four years of complex issues and rapid change. Please support her application for a third term.
Thank you,
Carol Lemlein
ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
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Packet Pg. 909 Attachment: Written Comments (5866 : Continued: Annual Appointments) From: Asa Greenberg
To: councilmtgitems
Subject: Note of support re: Santa Monica Airport Commission appointments Date: Monday, June 26, 2023 8:38:25 PM
EXTERNAL
Hello!
As a homeowner and business owner in Santa Monica, I write to support the re-appointment of GEOFFREY NERI for a second term and MARGARET GRIFFIN for a first term on the Santa Monica Airport Commission. Both are truly outstanding individuals who will serve our community well. Thanks for your consideration.
Sincerely,
Asa Greenberg
2315 Pier Ave
Santa Monica CA 90405
--
-
Asa Greenberg
Kilogram Entertainment
ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
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Packet Pg. 910 Attachment: Written Comments (5866 : Continued: Annual Appointments) From: Danielle Charney
To: Christine Parra; Phil Brock; Lana Negrete; Gleam Davis; Caroline Torosis; Jesse Zwick; Oscar de la Torre; Clerk Mailbox; [email protected]
Subject: Re-Nomination of Theresa Marasco to the Housing Commission Date: Monday, June 26, 2023 11:20:59 PM
EXTERNAL
Greetings all,
I would like to express my support for Theresa Marasco for the re-appointment to the Housing Commission. Theresa is the real thing. She has spent most of her life working for those in need of a fair shake from housing, human services and the judicial system. She works tirelessly for others and has helped shape a new Commission that has been sorely needed in this City. In a few words, Theresa cares and it shows. I wish you would not just re-appoint her, but embrace her work, along with Michelle Gray, Dominic Gomez and Peter Borreson. These are some of the finest minds we have ever had on this Commission. They bring a world of experience and smarts to re-shape and organize the many programs and possibilities in the housing area for those who are often maligned, ignored and badly treated. So put Theresa back in that seat where she belongs. We are lucky to have her.
She works hard and for free. What could be more caring than that? Thank you,
Danielle Charney
Resident Since 1982
Almost OG Santa Monican
ITEM 16.A.
JUNE 27, 2023
ITEM 16.A.
JUNE 27, 2023
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Packet Pg. 911 Attachment: Written Comments (5866 : Continued: Annual Appointments) City Council
Report
City Council Meeting: July 18, 2023
Agenda Item: 10.A
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To: Mayor and City Council
From: David Martin, Director, City Planning
Subject: Introduction and First Reading of an Ordinance Amending the Text of the Zoning Ordinance to Provide Incentives for Certain Housing Projects That Filed an Application Prior to Implementation of the City’s 6th Cycle (2021- 2029) Housing Element
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that no subsequent environmental review is required pursuant to California Environmental Quality Act (CEQA) Guidelines Section15162 based on a determination that the adoption of development incentives as set forth in the proposed ordinance amending the Zoning Ordinance was analyzed as part of the 2021-2029 6th Cycle Housing Element Environmental Impact Report (EIR) [SCH No. 2020100575] that was certified by the City Council on October 12, 2021 with an Addendum to the EIR approved by the City Council on October 11, 2022.
2. Introduce for first reading an Ordinance amending the text of the Zoning Ordinance to provide incentives for certain housing projects that filed an application prior to implementation of the City’s 6th Cycle (2021-2029) Housing Element.
Executive Summary
This report provides a summary of a proposed Zoning Ordinance amendment that would establish certain housing development incentives for applicants that have asserted eligibility for processing under the “builder’s remedy” provision of the Housing Accountability Act (“HAA”), California Government Code section 65589.5(d). These housing project applications were filed prior to the State of California’s Housing and Community Development Department’s (“HCD”) certification of the City’s 6th Cycle (2021-2029) Housing Element on October 14, 2022.
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The City Council is being asked to consider a proposed Ordinance amending Santa Monica Municipal Code (SMMC) Chapter 9.31 for the purpose of incentivizing the production of housing on certain parcels subject to applications for housing development projects that have asserted eligibility for processing under the “Builder’s Remedy” provision of the Housing Accountability Act (“HAA”), California Government Code section 65589.5(d), that were filed between September 30, 2022 and October 13, 2022, prior to certification of the 6th Cycle (2021-2029) Housing Element.
As discussed in the Background section of this report, on May 9, 2023, the Santa Monica City Council approved a Settlement Agreement with WS Communities, LLC and its affiliates (“WS” or “owners”), the owners of 13 Builder’s Remedy housing projects development sites with pending applications. The Settlement Agreement addresses the disposition of these Builder’s Remedy applications and also provides an option, but does not require, the City Council to adopt a permanent ordinance to allow use of the ministerial development process already authorized in the Housing Element implementing ordinance adopted on April 11, 2023. If adopted, these incentives would further incentivize voluntary use of the ministerial development process authorized for housing projects in the April 11, 2023 Zoning Ordinance amendments as an alternative to the submitted Builder’s Remedy projects that significantly exceed codified development standards, including building height and floor area ratio (“FAR”).
Background
The City’s 6th Cycle (2021-2029) Housing Element was certified by the California Department of Housing and Community Development (“HCD”) on October 14, 2022.
Prior to that certification, between September 30, and October 13, 2022, the City received 15 preliminary applications for housing development projects pursuant to Government Code Section 65941.1. The applicants for the 15 housing development projects assert that the projects are eligible for processing under the Builder’s Remedy provision of the Housing Accountability Act, California Government Code section 65589.5(d), (the “Builder’s Remedy applications”).
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The Builder’s Remedy provision prohibits a local agency from disapproving a housing development project, that provides at least 20 percent of total units for very low, low-, or moderate-income households, or condition approval in a manner that renders the housing development project infeasible for development for the use of very low, low-, or moderate-income households unless the local agency is able to make certain specific findings, including, but not limited to, the housing development project is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a housing element that is in substantial compliance with State Housing Element law.
The Builder’s Remedy applications propose housing development projects that are inconsistent with the City’s Land Use and Circulation Element (“LUCE”) and Zoning Ordinance, in part, because the housing development projects exceed height and floor area ratio (“FAR”) maximums.
On April 11, 2023, the City Council adopted Ordinance Number 2742 (CCS), implementing the certified 6th Cycle (2021-2029) Housing Element (“Ordinance 2742”), in conjunction with the Housing Element Environmental Impact Report (EIR) [SCH No. 2020100575] that was certified by Council on October 12, 2021, with an Addendum to the EIR approved on October 11, 2022. The implementation incentivizes housing production in order to meet the City’s Regional Housing Needs Assessment and Affirmatively Furthering Fair Housing obligations mandated by State law through, among other things, providing for increased heights and FARs in the City’s nonresidential districts, and streamlined ministerial approval processes for housing projects that are consistent with the City’s objective standards.
On May 9, 2023, the Santa Monica City Council approved a Settlement Agreement with WS, the owners of the following properties:
• 1433-1437 6th Street,
• 601 Colorado Avenue,
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• 1518-1524 7th Street,
• 1441-1443 Lincoln Boulevard,
• 3000-3030 Nebraska Avenue,
• 2901 Santa Monica Boulevard,
• 1425 5th Street,
• 1557 7th Street,
• 1238 7th Street,1925 Broadway,
• 1238-1242 10th Street,
• 1007 Lincoln Boulevard, and
• 1038 10th Street.
The Settlement Agreement addresses the status of 13 of the pending Builder’s Remedy applications filed by WS. The City and owners of these properties disagree on the applicability of the Builder’s Remedy statute. Consequently, the parties elected to settle various disputes involving the Builder’s Remedy projects and unrelated litigation.
Specifically, the parties agreed to settle pending litigation against each other pertaining to the City’s leasing ordinance (requiring leasing periods of no less than one year) and alleged violations of consumer and tenant protection laws by the City against certain WS affiliates. The Settlement Agreement provides financial benefits for three recently displaced tenants of 1242 10th Street and guarantees them the right to return. The Settlement Agreement would also authorize the transfer of 20 deed-restricted affordable units from 1560 Lincoln Boulevard to 1038 10th Street.
The Settlement Agreement also includes a completely optional component that the City is under no obligation to pursue and that provides reciprocal benefits to the parties independent of the other provisions of the Settlement Agreement. Under these optional provisions, the City may adopt an ordinance that contemplates WS’s use of the ministerial development process already authorized in Ordinance 2742. If adopted, these incentives would further facilitate the owners’ voluntary use of the ministerial
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development process previously authorized in Ordinance 2742, rather than continue to propose development under the Builder’s Remedy statute.
On June 19, 2023, the Planning Commission adopted Resolution No. 23-011 (PCS) (Attachment “B”) recommending to the City Council that the Council amend the text of the Zoning Ordinance to provide incentives for certain housing projects that filed an application prior to implementation of the City’s 6th Cycle (2021-2029) Housing Element.
Discussion
As presented in the Background section of this report, the Settlement Agreement approved between the City and WS addresses the disposition of 13 of the Builder’s Remedy projects submitted by WS. The Settlement Agreement specifies that processing of these 13 Builder’s Remedy applications have been temporarily suspended; confirms the applicability of the new development standards and process streamlining for housing projects approved on April 11, 2023 through Ordinance 2742 to implement the certified Housing Element; and establishes the option for the City to adopt a permanent ordinance to create additional incentives for applicants to propose new housing development projects on these sites that would be consistent with the City’s LUCE and Zoning Ordinance and therefore subject to ministerial/administrative review.
The Proposed ordinance (Attachment “A”) provides the redline amendments to the Zoning Ordinance that are contemplated by the Settlement Agreement. If adopted by the City Council, the owner of each development site may, but is in no way obligated to, utilize these provisions, which would provide the following local incentives:
Affordable Housing Units
Affordable housing obligations for projects proposed under the Zoning Ordinance amendments (“Ordinance Projects”) may be provided off-site at any commercially or residential zoned parcel in the City outside of the Pico Neighborhood Area as identified
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SMMC Figure 9.40.020.A (the “Off-site Affordable Option”). The Off-site Affordable Option may not be utilized on properties improved with residential units.
In exercising the Off-site Affordable Option, the Ordinance Project would be required to provide 15% of the total number of base density (i.e., pre density bonus) units as off-site affordable housing units, as opposed to the 20% off-site affordable requirement, which was recently adopted consistent with the certified Housing Element.
State Density Bonus Benefits.
Under the State Density Bonus Law, the required affordable units must be provided onsite as part of the development project to be eligible for a density bonus and related benefits. However, the Off-Site Affordable Option would allow the same State Density Bonus Law benefits (i.e., up to a 50% market rate density bonus, three permitted incentives, and additional waivers of development standards) as if the affordable units were to be provided on-site.
Timing for Completion
Under the Off-Site Affordable Option, the off-site affordable units would need to receive a certificate of occupancy prior to issuance of a certificate of occupancy for the market rate units. However, nothing would prevent the market rate units from obtaining a building permit and commencing construction concurrent with or prior to the corresponding off-site affordable units.
Parking Benefit
Any Ordinance Project located within the Downtown Community Plan area would also be allowed a maximum of one parking space per unit under the Ordinance, as opposed to the current maximum requirement of one-half space per unit.
Termination
The provisions for Affordable Housing Units, State Density Bonus Benefits, and Timing of Completion would terminate and upon issuance of Administrative Approval applications for a total of 965 “additional units”. For purposes of this requirement,
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“additional units” means the total amount of units provided by one or more eligible Ordinance Projects, including market rate, affordable, on-site and off-site units, that exceed the collective unit capacity allocated to the properties associated with the Ordinance Projects under the Suitable Sites Inventory for the City’s 6th Cycle (2021- 2029) Housing Element.
This provision does not impose any limit on the number of units of the Ordinance Projects (either individually or collectively) that do not utilize the off-site Affordable Housing benefits.
In addition, the Parking Benefit will continue to apply to any Ordinance Projects located within the Downtown Community Plan area in the event that the criteria for Termination are met.
Conclusion
As demonstrated above, the primary benefit of the proposed Zoning Ordinance is the ability to locate affordable units off-site and still obtain the benefits under the State Density Bonus Law, which would otherwise require all affordable units to be located onsite. However, practical considerations, such as control of other appropriate sites, could effectively prevent or discourage project site owners from utilizing this incentive.
Additionally, whether or not the Ordinance is utilized, projects proposed at Sites would be subject to the City’s Administrative Approval processing, which is already codified as Downtown Community Plan Section 9.10.050(B) and Municipal Code Chapter 9.39, and expedited processing timelines provided under the Settlement Agreement independent of the Ordinance.
Zoning Text Amendment Findings
1. The amendments to the text of the Zoning Ordinance are consistent with the General Plan and any applicable Specific Plans in that the amendments incentivize the production of housing projects that are consistent with the General Plan and any applicable Specific Plan on parcels that are subject to
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pending applications for housing development projects that have asserted eligibility for processing under the “Builder’s Remedy” provision of the Housing Accountability Act (California Government Code section 65589.5(d)), that were filed prior to certification of the City’s 6th Cycle (2021-2029) Housing Element.
These Builder’s Remedy applications do not comply with General Plan or applicable Specific Plan standards for Floor Area Ratio or building height. The new projects that may be submitted in accordance with the text amendments would comply with General Plan and applicable Specific Plan development standards for Floor Area Ratio and building height and provide new deedrestricted affordable and market-rate housing units in Santa Monica.
2. The amendments to the text of the Zoning Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the amendments will incentivize the production of General Plan, Specific Plan, and Zoning Ordinance compliant housing on parcels that are subject to pending applications for housing development projects that have asserted eligibility for processing under the “Builder’s Remedy” provision of the Housing Accountability Act (California Government Code section 65589.5(d)), that were filed prior to certification of the City’s 6th Cycle (2021-2029) Housing Element.
These Builder’s Remedy applications do not comply with General Plan or Zoning Ordinance standards for Floor Area Ratio or building height. The new projects that may be submitted in accordance with the text amendments would comply with General Plan, Specific Plan, and Zoning Ordinance development standards for Floor Area Ratio and building height and therefore promote the orderly growth of the City in a manner that protects public health, safety and general welfare in comparison to projects that exceed General Plan, Specific Plan, and Zoning Ordinance development parameters.
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Effective Date of Action
If adopted, the proposed Zoning Ordinance amendment would take effect 30 days after second reading of the ordinance which is anticipated to be scheduled on July 25, 2023.
Environmental Analysis
An analysis of the proposed Zoning Ordinance Amendments was prepared pursuant to State California Environmental Quality Act (CEQA) Guidelines. Based on this analysis, the 6th Cycle Housing Element Final Environmental Impact Report (SCH No. 20212269242021), certified on October 12, 2021, and the Addendum to the Final EIR, adopted on October 11, 2022, accounts for and analyzes the potential environmental effects associated with the proposed Zoning Ordinance Amendments and Ordinance Projects. Therefore, the proposed Zoning Ordinance Amendments do not trigger any of the conditions described in CEQA Guidelines Section 15162 that would require the preparation of a supplemental EIR or negative declaration pursuant to CEQA Guidelines Section 15168(c).
The following provides the summary of this analysis:
The Housing Element EIR analyzed a total of 11,025 housing units planned in the City during the 6th Cycle period of 2021-2029. Subsequent to certification of the Housing Element EIR, the City revised the Housing Element and prepared an addendum to the Housing Element EIR (“Housing Element Addendum”) that analyzed the total planned number of units in the City from 11,025 to 13,600 housing units.
The Suitable Site Inventory (“SSI”) contained in the certified Housing Element is the City’s roadmap to achieving the commitment of 13,600 units and identifies specific sites for housing along with their potential housing capacity. Although the certified Housing Element calls for, and the SSI accommodates, 13,600 units, the Housing Element Addendum “conservatively considers maximum theoretical buildout with an additional 10-percent increase, for a total of 14,565 dwelling units.” Therefore, the Housing
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Element Addendum provides a 965-unit buffer (“Buffer”) to cover and analyze potential environmental effects for units proposed beyond those accounted for in the certified Housing Element SSI.
The proposed Zoning Ordinance Amendments will restrict the density of the projects proposed under the proposed Ordinance (“Ordinance Projects”) (including the related offsite affordable receiver sites) to no more than the unit capacity assumed in the SSI at the site (the “SSI Credit”) plus any additional units beyond the SSI Credit so long as the additional units collectively proposed for Ordinance Projects do not exceed the buffer of 965 units. Since the proposed provisions for Affordable Housing Units, State Density Bonus Benefits, and Timing of Completion for Ordinance Projects would terminate and upon issuance of Administrative Approval applications for a total of 965 additional units, the potential environmental impacts resulting from amendments to the Zoning Ordinance have been adequately analyzed in the Housing Element EIR and Addendum and do not trigger any of the conditions described in CEQA Guidelines Section 15162 that would require the preparation of a supplemental EIR or negative declaration pursuant to CEQA Guidelines Section 15168(c).
Past Council Actions
Meeting Date Description
October 11, 2022 Adoption of Resolution Amending the 6th Cycle (2021-2029) Housing Element to
the City’s General Plan and Approval of
Addendum to the Final Environmental
Impact Report for the
6th Cycle (2021-2029) Housing
Element
February 22 and February 28, 2023 Study Session on Implementation of 6th Cycle (2021-2029) Housing Element
Programs
March 21, 2023 and April 11, 2023 Adoption of a finding that various amendments necessary to implement the
City’s Certified 6th Cycle (2021-2029)
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Housing Element were analyzed as part
of the 2021-2029 6th Cycle Housing
Element Environmental Impact Report
(EIR) and Addendum, and no further
review pursuant to the California
Environmental Quality Act (CEQA) is
required
First and Second Reading, as required:
Adoption of ordinances for amendments
to the LUCE, DCP, BAP, and Zoning
Ordinance, LUCE designation map, and
Zoning Districting Map, LUCE
designation map, and Zoning Districting
Map implementing Certified 6th Cycle
(2021-2029) Housing Element programs
May 9, 2023 City Council approved a Settlement
Agreement with WS, the owners of the
following properties: 1433-1437 6th
Street, 601 Colorado Avenue, 1518-1524
7th Street, 1441-1443 Lincoln Boulevard,
3000-3030 Nebraska Avenue, 2901
Santa Monica Boulevard, 1425 5th
Street, 1557 7th Street, 1238 7th
Street,1925 Broadway, 1238-1242 10th
Street, 1007 Lincoln Boulevard, and
1038 10th Street
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future.
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Prepared By: Roxanne Tanemori, Principal Planner
Approved Forwarded to Council
Attachments:
A. Attachment B PC Resolution 23-011.docx
B. Attachment A Ordinance Incentives for Certain Housing Projects 071823
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1 Planning Commission Meeting June 21, 2023 Santa Monica, California RESOLUTION NUMBER 23-011 (PCS)
(Planning Commission Series)
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA
MONICA RECOMMENDING TO THE CITY COUNCIL THAT THE COUNCIL AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE TO PROVIDE INCENTIVES FOR
CERTAIN HOUSING PROJECTS THAT FILED AN APPLICATION PRIOR TO IMPLEMENTATION OF THE CITY’S 6TH CYCLE (2021-2029) HOUSING ELEMENT WHEREAS, the Housing Element Law, California Government Code Sections 65580 et seq., requires the City to review and update the Housing Element of its General Plan every eight years; and
WHEREAS, the State is experiencing a housing supply crisis, with housing demand far outstripping supply; and
WHEREAS, in 2018, California ranked 49th out of the 50 states in housing units per capita; and
WHEREAS, the housing crisis has particularly exacerbated the need for affordable homes at prices below market rates; and
WHEREAS, the housing crisis has resulted in increased poverty and homelessness, especially first-time homelessness, forced lower income residents into crowded and unsafe housing in urban areas, and forced families into lower cost new housing in greenfields at the urban-rural interface with longer commute times and a higher exposure to fire hazard; and
WHEREAS, California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years; and
DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA
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Packet Pg. 924 Attachment: Attachment B PC Resolution 23-011.docx (5717 : Zoning Ordinance Regarding Development Standards Incentives for Certain 2 WHEREAS, the City received a Regional Housing Needs Assessment (“RHNA”) allocation for the 6th Cycle (2021-2029) Housing Element of approximately 8,895 housing units, with approximately 70 percent allocated as affordable housing; and WHEREAS, this RHNA allocation will require the City to permit approximately 1,000 housing units annually between 2021 and 2029, 700 of which are required to be affordable housing, representing an increase of approximately five times over the City’s RHNA allocation for the 5th Cycle (2013-2021) Housing Element; and WHEREAS, in September 2020, the City commenced a public outreach process for the 6th Cycle Housing Element, which consisted of creation of a dedicated website, presenting informational webinars, seeking input through questionnaires and surveys, forming two technical working groups, and conducting a series of study sessions with the Planning Commission, Housing Commission, Rent Control Board, and the City Council; and
WHEREAS, on or about May 24, 2021, City staff published a Draft 6th Cycle Housing Element (“Draft Housing Element”); and
WHEREAS, on June 2 and 3, 2021, the Planning Commission conducted a public hearing on the Draft Housing Element and made recommendations to the City Council; and
WHEREAS, on June 15, 2021, the City Council conducted a public hearing to discuss the Draft Housing Element and directed staff to transmit the Draft Housing Element to the California Department of Housing and Community Development (“HCD”) with revisions; and
DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA
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Packet Pg. 925 Attachment: Attachment B PC Resolution 23-011.docx (5717 : Zoning Ordinance Regarding Development Standards Incentives for Certain 3 WHEREAS, on July 1, 2021, City staff transmitted the Draft Housing Element, as revised by the City Council, to HCD for a 60-day review period; and WHEREAS on August 4, 2021, in accordance with Santa Monica Municipal Code Section 9.46.030(B), the Planning Commission adopted a Resolution of Intention, Resolution Number 21-007 (PCS), declaring its intention to consider recommending to the City Council that the City Council adopt amendments to the text of the Zoning Ordinance for consistency with the Goals, Policies and Programs of the 6th Cycle Housing Element, and minor changes, corrections and clarifications to the text of the Zoning Ordinance related to parcel coverage limitations for existing structures in the City’s R1 (Single-Unit Residential) Districts and standards for accessory structures for consistency with Council direction to return with amendments to the City’s home-share rules; and
WHEREAS, on August 30, 2021, in accordance with Government Code Section 65585, HCD issued a letter to report on its review of the Draft Housing Element; and WHEREAS, HCD’s review concluded that the draft Housing Element addressed many statutory requirements, but that revisions would be necessary to substantially comply with State Housing Element Law; and
WHEREAS, in its review letter, HCD set forth recommended revisions to the Draft Housing Element to, among other things, provide additional information and analysis of the City’s: housing needs, resources, and constraints related to fair housing; population and employment trends; household characteristics; Suitable Sites Inventory (“SSI”); zoning regulations for a variety of housing types; governmental and nongovernmental constraints on housing; special housing needs; and “at risk” housing units; and DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA
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Packet Pg. 926 Attachment: Attachment B PC Resolution 23-011.docx (5717 : Zoning Ordinance Regarding Development Standards Incentives for Certain 4 WHEREAS, HCD further recommended that the City make revisions to housing programs set forth in the Draft Housing Element to: demonstrate adequate capacity for the RHNA allocation; address, and where legally possible, remove, constraints to the maintenance, improvement and development of housing; promote and affirmatively further fair housing; and preserve assisted housing development for low-income households; and
WHEREAS, on September 8, 2021, the Planning Commission held a discussion to consider HCD’s review and recommendations and to discuss concepts that would address those recommendations; and
WHEREAS, on September 20, 2021, the Planning Commission conducted a discussion to review proposed revisions to the Draft Housing Element to address HCD’s recommendations; and
WHEREAS, on September 24, 2021, Planning Commission conducted a duly noticed public hearing, and after considering oral and written testimony, adopted a Resolution of Recommendation, Resolution Number 21-011 (PCS), recommending to the City Council that the City Council adopt the 6th Cycle Housing Element; and WHEREAS, on October 12, 2021, the City Council conducted a duly noticed public hearing to consider HCD’s comments and the recommendation of the Planning Commission, and, after considering oral and written testimony, adopted Resolution Number 11371 (CCS) adopting the 6th Cycle (2021-2029) Housing Element, which the City transmitted to HCD for review and certification; and WHEREAS, on February 8, 2022, the City received a letter from HCD determining that although the Adopted 6th Cycle Housing Element addressed “many statutory DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA
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Packet Pg. 927 Attachment: Attachment B PC Resolution 23-011.docx (5717 : Zoning Ordinance Regarding Development Standards Incentives for Certain 5 requirements,” “revisions would be necessary to comply with State Housing Element Law”; and
WHEREAS, the City immediately began efforts to address HCD’s letter, including scheduling a teleconference with HCD staff on February 14, 2022 to determine the City’s required next steps in order to achieve an HCD-compliant Housing Element and conducting a Study Session with the Planning Commission on March 2, 2022; and WHEREAS, after the February 14, 2022 teleconference, the City continued to meet with HCD on a consistent basis in an effort to work toward addressing HCD’s concerns to allow for the submission of a compliant Housing Element; and WHEREAS, the City also initiated other efforts to bring the 6th Cycle Housing Element into compliance, including an April 26, 2022 study session with Council, and Study Sessions with the Planning Commission on May 11 and June 1, 2022; and WHEREAS, in consideration of the comments received in the February 8, 2022 letter, consultations with HCD, and input received during study sessions with the City Council and Planning Commission, City staff prepared draft redline revisions to the Housing Element to primarily: 1) make technical revisions; 2) address affirmatively furthering fair housing obligations; and 3) strengthen the City’s commitment to development of affordable housing on City-owned sites; and WHEREAS on June 15, 2022, the Planning Commission considered the draft redline amendments to the 6th Cycle Housing Element in response to HCD’s comments, that, among other things, made technical revisions, and proposed amendments to the element’s affirmatively furthering fair housing requirements and program related to CityDocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA
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Packet Pg. 928 Attachment: Attachment B PC Resolution 23-011.docx (5717 : Zoning Ordinance Regarding Development Standards Incentives for Certain 6 owned sites, made recommended revisions, and recommended that the City Council direct staff to transmit the redline revisions to HCD for review; and WHEREAS, on June 21, 2022, the City Council reviewed the draft revisions to the 6th Cycle Housing Element, made recommended revisions, and directed staff to transmit to HCD for review and comment; and
WHEREAS, on July 8, 2022, the City submitted the draft revised Housing Element to HCD for review and comment; and
WHEREAS, on September 6, 2022, HCD issued a letter determining that the Draft Revised Housing Element will comply with State Housing Element Law once adopted, submitted to, and reviewed by, HCD; and
WHEREAS, on September 22, 2022, Planning Commission conducted a duly noticed public hearing to consider recommending to the City Council that the City Council adopt the amended 6th Cycle Housing Element, and after considering oral and written testimony, adopted Resolution Number 22-018 (PCS) recommending that the City Council adopt the amended the 6th Cycle Housing Element; and WHEREAS, on September 26, 2022, in accordance with Government Code Section 65585(b), the City posted the final draft of the amended 6th Cycle Housing Element incorporating the Planning Commission’s recommendations for updated implementation dates on the City’s website for public review, and emailed a link to all individuals and organizations that previously requested notices relating to the City’s 6th Cycle Housing Element; and
WHEREAS, on October 11, 2022, the City Council conducted a duly-noticed public hearing to consider adopting the amended 6th Cycle Housing Element, and after DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA
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Packet Pg. 929 Attachment: Attachment B PC Resolution 23-011.docx (5717 : Zoning Ordinance Regarding Development Standards Incentives for Certain 7 considering oral and written testimony, adopted Resolution Number 11469 (CCS), adopting an amended 6th Cycle Housing Element, which was certified by the State on October 14, 2022; and
WHEREAS, between September 30, and October 13, 2022, the City received 15 preliminary applications for housing development projects pursuant to Government Code Section 65941.1; and
WHEREAS, the applicants for the 15 housing development projects assert that the projects are eligible for processing under the “builder’s remedy” provision of the Housing Accountability Act (“HAA”), California Government Code section 65589.5(d), (the “builder’s remedy applications”); and
WHEREAS, the builder’s remedy provision prohibits a local agency from disapproving a housing development project, that provides at least 20 percent of total units for very low, low-, or moderate-income households, or condition approval in a manner that renders the housing development project infeasible for development for the use of very low, low-, or moderate-income households unless the local agency is able to make certain specific findings, including, but not limited to, the housing development project is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a housing element that is in substantial compliance with State Housing Element law; and WHEREAS, 14 of the 15 builder’s remedy applications propose housing development projects are inconsistent with the City’s LUCE and Zoning Ordinance, in DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA
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Packet Pg. 930 Attachment: Attachment B PC Resolution 23-011.docx (5717 : Zoning Ordinance Regarding Development Standards Incentives for Certain 8 part, because the housing development projects would far exceed height and floor area ratio (“FAR”) maximums; and
WHEREAS, the Housing Element includes a variety of programs intended to achieve goals and policies related to new housing production for all income categories and the preservation of existing housing, ensuring there is equitable housing access to all neighborhoods, housing for the homeless including housing assistance and supportive services to low-income households, and eliminating housing discrimination; and WHEREAS, the Housing Element sets forth a range of goals, policies and programs, including, but not limited to, procedural changes related to streamlining the review of housing projects, updating development standards and the Affordable Housing Production Program (“AHPP”) to ensure housing projects are feasible, providing opportunities for housing in areas of the City that do not currently permit housing, incentivizing housing in areas of the City that have not historically supported housing production, amending the City’s density bonus ordinance to ensure consistency with State law and integration into the City’s land use system, and committing to the production of affordable housing on City-owned/publicly owned land; and WHEREAS, the Housing Element requires the City to implement certain programs through amendments to the Land Use and Circulation Element of the General Plan, the Bergamot Area Plan, the Downtown Community Plan, and the Zoning Ordinance in phases, subject to specified deadlines; and
WHEREAS, on August 4, 2021, the Planning Commission adopted a Resolution of Intention, Resolution Number 21-007 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA
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Packet Pg. 931 Attachment: Attachment B PC Resolution 23-011.docx (5717 : Zoning Ordinance Regarding Development Standards Incentives for Certain 9 Ordinance for, among other things, consistency with the goals, policies and programs of the 6th Cycle Housing Element; and
WHEREAS, on February 1, 2023, the Planning Commission conducted a duly noticed public hearing, and, after considering oral and written testimony regarding the proposed amendments to the text of the Zoning Ordinance, adopted Resolution Number 23-003 (PCS), recommending that the City Council amend the text of the Zoning Ordinance; and
WHEREAS, on April 11, 2023, the City Council adopted Ordinance Number 2742 (CCS), amending the text of the Zoning Ordinance for consistency with the goals, policies, and programs of the 6th Cycle Housing Element, including, but not limited to, housing development incentives such as increased height and FAR maximums in the City’s nonresidential districts and streamlined ministerial approval processes for housing projects that are consistent with the City’s objective standards; and WHEREAS, the City desires to provide an alternative means of providing housing on the sites subject to the builder’s remedy applications by allowing applicants to be eligible for the housing development incentives resulting from Housing Element implementation, including increased height and FAR maximums in the City’s nonresidential districts and streamlined ministerial approval process, subject to certain additional incentives related to offsite affordable housing requirements under the AHPP, eligibility for density bonuses for projects that provide affordable housing offsite in accordance with the AHPP, including incentives and concessions, and waiver or reduction of building standards, and parking maximums in the Downtown Community Plan area; and
DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA
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Packet Pg. 932 Attachment: Attachment B PC Resolution 23-011.docx (5717 : Zoning Ordinance Regarding Development Standards Incentives for Certain 10 WHEREAS, in addition to permitting application of the Housing Element implementation, these additional incentives will provide an alternative pathway for applicants to propose housing development projects on the sites subject to the builder’s remedy applications that would be consistent with the City’s LUCE and Zoning Ordinance, or any applicable Specific Plan, including increased height and FAR maximums for housing development projects in the City’s nonresidential districts as set forth the Housing Element; and
WHEREAS, on May 17, 2023, the Planning Commission adopted a Resolution of Intention, Resolution Number 23-010 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance to provide the incentives for housing projects located on sites subject to a preliminary application in accordance with Government Code section 65941.1 that was filed between September 30, and October 13, 2022; and
WHEREAS, on June 21, 2023, the Planning Commission conducted a duly-noticed public hearing to consider its recommendation to the City Council.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
Proposed amendments to the text of the Zoning Ordinance. Pursuant to Santa Monica Municipal Code Section 9.46.060(B), the Planning Commission, after considering oral and written testimony, does hereby recommend that City Council that the City Council amend the text of the Zoning Ordinance to provide incentives for housing projects located on certain sites subject to a preliminary application in accordance with Government Code section 65941.1 that was filed between September 30, and October DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA
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Packet Pg. 933 Attachment: Attachment B PC Resolution 23-011.docx (5717 : Zoning Ordinance Regarding Development Standards Incentives for Certain 11 13, 2022, as set forth in Exhibit A, attached to this Resolution. In making this recommendation, the Planning Commission hereby finds and declares that, for the reasons articulated above, in the staff report dated June 21, 2023, and below:
1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan and any applicable Specific Plans in that the proposed amendments incentivize the production of housing projects that are consistent with the General Plan and any applicable Specific Plan on parcels that are subject to pending applications for housing development projects that have asserted eligibility for processing under the “Builder’s Remedy” provision of the Housing Accountability Act (California Government Code section 65589.5(d)), that were filed prior to certification of the City’s 6th Cycle (2021-2029) Housing Element. These Builder’s Remedy applications do not comply with General Plan or applicable Specific Plan standards for Floor Area Ratio or building height. The new projects that may be submitted in accordance with the text amendments would comply with General Plan and applicable Specific Plan development standards for Floor Area Ratio and building height and provide new deed-restricted affordable and market-rate housing units in Santa Monica.
2. The proposed amendments to the text of the Zoning
Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA
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Packet Pg. 934 Attachment: Attachment B PC Resolution 23-011.docx (5717 : Zoning Ordinance Regarding Development Standards Incentives for Certain 12 amendments will incentivize the production of General Plan, Specific Plan, and Zoning Ordinance compliant housing on parcels that are subject to pending applications for housing development projects that have asserted eligibility for processing under the “Builder’s Remedy” provision of the Housing Accountability Act (California Government Code section 65589.5(d)), that were filed prior to certification of the City’s 6th Cycle (2021- 2029) Housing Element. These Builder’s Remedy applications do not comply with General Plan or Zoning Ordinance standards for Floor Area Ratio or building height. The new projects that may be submitted in accordance with the text amendments would comply with General Plan, Specific Plan, and Zoning Ordinance development standards for Floor Area Ratio and building height and therefore promote the orderly growth of the City in a manner that protects public health, safety and general welfare in comparison to projects that exceed General Plan, Specific Plan, and Zoning Ordinance development parameters.
SECTION 2. The Director of Planning and Community Development shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
DOUGLAS SLOAN
City Attorney
DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA
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Packet Pg. 935 Attachment: Attachment B PC Resolution 23-011.docx (5717 : Zoning Ordinance Regarding Development Standards Incentives for Certain 13 Adopted this 21st day of June, 2023.
Chair, Planning Commission
I hereby certify that the foregoing Resolution of Intention was duly and regularly introduced and approved at a meeting of the Planning Commission on the 21st day of June, 2023 by the following vote:
Ayes: Commissioners Fonda-Bonardi, Landres, Tolkin, Vice Chair Raskin, Chair Ries
Noes:
Abstain:
Absent: Commissioners Fresco, Lambert
Attest:
Director of Planning and Community Development
DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA
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Packet Pg. 936 Attachment: Attachment B PC Resolution 23-011.docx (5717 : Zoning Ordinance Regarding Development Standards Incentives for Certain 14 EXHIBIT A
Proposed Amendments to the Text of the Zoning Ordinance Santa Monica Municipal Code Section 9.31.198 shall be added to read as follows:
9.31.198 Multiple-Unit Dwelling Projects Located on Certain Sites Subject to Applications Filed Prior to Implementation of 6th Cycle (2021-2029) Housing Element
The purpose of this section is to incentivize the production of housing on parcels subject to applications for housing development projects that have asserted eligibility for processing under the “builder’s remedy” provision of the Housing Accountability Act (“HAA”), California Government Code section 65589.5(d), that were filed prior to implementation of the 6th Cycle (2021-2029) Housing Element. The provisions of this section shall be interpreted to implement the express language of the Settlement Agreement.
A. Applicability. Subject to the provisions of subsection G, below, this section shall apply to new multiple-unit dwelling projects with applications filed between June 1, 2023 and two years after the effective date of this Section, on parcels that meet the following requirements (“eligible projects”):
1. A preliminary application was filed for a housing development project pursuant to Government Code Section 65941.1 between September 30, and October 13, 2022; and
2. The preliminary application asserted eligibility for processing under the “builder’s remedy” provision of the Housing Accountability Act, Government Code Section 65859.5(d).
DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA
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Packet Pg. 937 Attachment: Attachment B PC Resolution 23-011.docx (5717 : Zoning Ordinance Regarding Development Standards Incentives for Certain 15 B. Development Standards. All eligible projects shall be subject to the development standards established for the underlying zone.
C. Affordable Housing Production Program Requirements. All eligible projects shall be subject to the provisions of Chapter 9.64, Affordable Housing Production Program, except that the applicant for any eligible project may elect to satisfy the off-site provisions of Chapter 9.64, as follows:
1. Applicant may offsite any or all of the affordable housing units associated with an eligible project at any commercially or residential zoned parcel in the City (outside of the Pico Neighborhood Area) consistent with the underlying General Plan and zoning regulations (with available State Density Bonus Law benefits available under AB 1763 [Chapter 666, Stats. 2019]) for 100 percent affordable projects) provided there are no existing residential units on the target offsite property (the “Offsite Affordable Option.”) For purposes herein, the Pico Neighborhood shall be defined in the Figure 9.40.020.A:
“Pico Neighborhood Area”.
2. If the applicant elects the Offsite Affordable Option for an eligible project in accordance with this subsection C, the following terms and conditions apply to the eligible project:
a. Affordable Housing Units. The market rate eligible project shall provide fifteen (15) percent of the total number of market rate base density (i.e., pre density bonus) units as offsite affordable housing units (i.e., five [5] percent Very Low, five (5) percent Low and five (5) percent Moderate). The affordable housing units for the Offsite Option shall not count as the basis to award a market rate density bonus for the off-site project. However, the offsite units may be used DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA
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Packet Pg. 938 Attachment: Attachment B PC Resolution 23-011.docx (5717 : Zoning Ordinance Regarding Development Standards Incentives for Certain 16 to qualify for density bonus benefits (e.g., density bonuses, incentives/concessions, waivers of development standards and reduced parking) for a one hundred percent affordable housing project at the offsite location(s).
Should the applicant elect to satisfy the affordable housing requirement onsite for any of the eligible projects, it shall be fifteen (15) percent of the base density (i.e., pre-density bonus) project units.
b. State Density Bonus Benefits. If exercised, the Offsite Affordable Option would enable the applicant to receive State Density Bonus Law benefits for the eligible project (i.e., up to a fifty (50) percent market rate density bonus, three (3) permitted incentives/concessions and additional waivers of development standards) as if the affordable units were to be provided onsite. c. Timing for Completion. The Offsite Affordable project must receive a certificate of occupancy prior to issuance of a certificate of occupancy for the related market rate development. However, nothing shall prevent the market rate building from obtaining a building permit and commencing construction concurrent with or prior to the corresponding offsite affordable project.
D. Parking. Notwithstanding the provisions of Section 9.28.060(A), eligible projects located in the Downtown Community Plan Area shall be subject to the following maximum parking requirements:
1. Guest = 1 space per 15 units
2. Studio, no bedrooms = 1 space per unit
3. 1 bedroom = 1 space per unit
4. 2 or more bedrooms = 1 space per unit
DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA
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Packet Pg. 939 Attachment: Attachment B PC Resolution 23-011.docx (5717 : Zoning Ordinance Regarding Development Standards Incentives for Certain 17 E. Additional Requirements. Except as expressly provided in this Section, eligible projects shall comply with the requirements set forth in Section 9.31.195, Multiple-Unit Dwelling Projects.
F. Termination. This Section (with the exception of subsection D “Parking”) shall terminate and be of no further force and effect upon issuance of administrative approvals for 965 “additional units”. For purposes of this Section, “additional units” means the total amount of units provided by one or more eligible projects, including market rate, affordable, on-site and off-site units, that exceed the collective unit capacity allocated to the properties associated with the eligible projects under the Suitable Sites Inventory for the City’s 6th Cycle (2021-2029) Housing Element. This provision shall not impose any limit on the number of units of the eligible projects (either individually or collectively) that do not utilize the offsite affordable housing benefits contained in this Section 9.31.198. In addition, subsection D “Parking” shall survive termination of this Section and continue to apply to any eligible projects identified in the settlement agreement located within the Downtown Community Plan area.
DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA
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Packet Pg. 940 Attachment: Attachment B PC Resolution 23-011.docx (5717 : Zoning Ordinance Regarding Development Standards Incentives for Certain 1 City Council Meeting: July 18, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE TO PROVIDE
INCENTIVES FOR CERTAIN HOUSING PROJECTS THAT FILED AN APPLICATION PRIOR TO IMPLEMENTATION OF THE CITY’S 6TH CYCLE (2021-2029) HOUSING
ELEMENT
WHEREAS, the Housing Element Law, California Government Code Sections 65580 et seq., requires the City to review and update the Housing Element of its General Plan every eight years; and
WHEREAS, the State is experiencing a housing supply crisis, with housing demand far outstripping supply; and
WHEREAS, in 2018, California ranked 49th out of the 50 states in housing units per capita; and
WHEREAS, the housing crisis has particularly exacerbated the need for affordable homes at prices below market rates; and
WHEREAS, the housing crisis has resulted in increased poverty and homelessness, especially first-time homelessness, forced lower income residents into crowded and unsafe housing in urban areas, and forced families into lower cost new housing in greenfields at the urban-rural interface with longer commute times and a higher exposure to fire hazard; and
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Packet Pg. 941 Attachment: Attachment A Ordinance Incentives for Certain Housing Projects 071823 [Revision 1] (5717 : Zoning Ordinance Regarding 2 WHEREAS, California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years; and
WHEREAS, the City received a Regional Housing Needs Assessment (“RHNA”) allocation for the 6th Cycle (2021-2029) Housing Element of approximately 8,895 housing units, with approximately 70 percent allocated as affordable housing; and WHEREAS, this RHNA allocation will require the City to permit approximately 1,000 housing units annually between 2021 and 2029, 700 of which are required to be affordable housing, representing an increase of approximately five times over the City’s RHNA allocation for the 5th Cycle (2013-2021) Housing Element; and WHEREAS, in September 2020, the City commenced a public outreach process for the 6th Cycle Housing Element, which consisted of creation of a dedicated website, presenting informational webinars, seeking input through questionnaires and surveys, forming two technical working groups, and conducting a series of study sessions with the Planning Commission, Housing Commission, Rent Control Board, and the City Council; and
WHEREAS, on or about May 24, 2021, City staff published a Draft 6th Cycle Housing Element (“Draft Housing Element”); and
WHEREAS, on June 2 and 3, 2021, the Planning Commission conducted a public hearing on the Draft Housing Element and made recommendations to the City Council; and
WHEREAS, on June 15, 2021, the City Council conducted a public hearing to discuss the Draft Housing Element and directed staff to transmit the Draft Housing
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Packet Pg. 942 Attachment: Attachment A Ordinance Incentives for Certain Housing Projects 071823 [Revision 1] (5717 : Zoning Ordinance Regarding 3 Element to the California Department of Housing and Community Development (“HCD”) with revisions; and
WHEREAS, on July 1, 2021, City staff transmitted the Draft Housing Element, as revised by the City Council, to HCD for a 60-day review period; and WHEREAS on August 4, 2021, in accordance with Santa Monica Municipal Code Section 9.46.030(B), the Planning Commission adopted a Resolution of Intention, Resolution Number 21-007 (PCS), declaring its intention to consider recommending to the City Council that the City Council adopt amendments to the text of the Zoning Ordinance for consistency with the Goals, Policies and Programs of the 6th Cycle Housing Element, and minor changes, corrections and clarifications to the text of the Zoning Ordinance related to parcel coverage limitations for existing structures in the City’s R1 (Single-Unit Residential) Districts and standards for accessory structures for consistency with Council direction to return with amendments to the City’s home-share rules; and
WHEREAS, on August 30, 2021, in accordance with Government Code Section 65585, HCD issued a letter to report on its review of the Draft Housing Element; and WHEREAS, HCD’s review concluded that the draft Housing Element addressed many statutory requirements, but that revisions would be necessary to substantially comply with State Housing Element Law; and
WHEREAS, in its review letter, HCD set forth recommended revisions to the Draft Housing Element to, among other things, provide additional information and analysis of the City’s: housing needs, resources, and constraints related to fair housing; population and employment trends; household characteristics; Suitable Sites Inventory (“SSI”);
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Packet Pg. 943 Attachment: Attachment A Ordinance Incentives for Certain Housing Projects 071823 [Revision 1] (5717 : Zoning Ordinance Regarding 4 zoning regulations for a variety of housing types; governmental and nongovernmental constraints on housing; special housing needs; and “at risk” housing units; and WHEREAS, HCD further recommended that the City make revisions to housing programs set forth in the Draft Housing Element to: demonstrate adequate capacity for the RHNA allocation; address, and where legally possible, remove, constraints to the maintenance, improvement and development of housing; promote and affirmatively further fair housing; and preserve assisted housing development for low-income households; and
WHEREAS, on September 8, 2021, the Planning Commission held a discussion to consider HCD’s review and recommendations and to discuss concepts that would address those recommendations; and
WHEREAS, on September 20, 2021, the Planning Commission conducted a discussion to review proposed revisions to the Draft Housing Element to address HCD’s recommendations; and
WHEREAS, on September 24, 2021, Planning Commission conducted a duly noticed public hearing, and after considering oral and written testimony, adopted a Resolution of Recommendation, Resolution Number 21-011 (PCS), recommending to the City Council that the City Council adopt the 6th Cycle Housing Element; and WHEREAS, on October 12, 2021, the City Council conducted a duly noticed public hearing to consider HCD’s comments and the recommendation of the Planning Commission, and, after considering oral and written testimony, adopted Resolution Number 11371 (CCS) adopting the 6th Cycle (2021-2029) Housing Element, which the City transmitted to HCD for review and certification; and
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Packet Pg. 944 Attachment: Attachment A Ordinance Incentives for Certain Housing Projects 071823 [Revision 1] (5717 : Zoning Ordinance Regarding 5 WHEREAS, on February 8, 2022, the City received a letter from HCD determining that although the Adopted 6th Cycle Housing Element addressed “many statutory requirements,” “revisions would be necessary to comply with State Housing Element Law”; and
WHEREAS, the City immediately began efforts to address HCD’s letter, including scheduling a teleconference with HCD staff on February 14, 2022 to determine the City’s required next steps in order to achieve an HCD-compliant Housing Element and conducting a Study Session with the Planning Commission on March 2, 2022; and WHEREAS, after the February 14, 2022 teleconference, the City continued to meet with HCD on a consistent basis in an effort to work toward addressing HCD’s concerns to allow for the submission of a compliant Housing Element; and WHEREAS, the City also initiated other efforts to bring the 6th Cycle Housing Element into compliance, including an April 26, 2022 study session with Council, and Study Sessions with the Planning Commission on May 11 and June 1, 2022; and WHEREAS, in consideration of the comments received in the February 8, 2022 letter, consultations with HCD, and input received during study sessions with the City Council and Planning Commission, City staff prepared draft redline revisions to the Housing Element to primarily: 1) make technical revisions; 2) address affirmatively furthering fair housing obligations; and 3) strengthen the City’s commitment to development of affordable housing on City-owned sites; and WHEREAS on June 15, 2022, the Planning Commission considered the draft redline amendments to the 6th Cycle Housing Element in response to HCD’s comments, that, among other things, made technical revisions, and proposed amendments to the
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Packet Pg. 945 Attachment: Attachment A Ordinance Incentives for Certain Housing Projects 071823 [Revision 1] (5717 : Zoning Ordinance Regarding 6 element’s affirmatively furthering fair housing requirements and program related to Cityowned sites, made recommended revisions, and recommended that the City Council direct staff to transmit the redline revisions to HCD for review; and WHEREAS, on June 21, 2022, the City Council reviewed the draft revisions to the 6th Cycle Housing Element, made recommended revisions, and directed staff to transmit to HCD for review and comment; and
WHEREAS, on July 8, 2022, the City submitted the draft revised Housing Element to HCD for review and comment; and
WHEREAS, on September 6, 2022, HCD issued a letter determining that the Draft Revised Housing Element will comply with State Housing Element Law once adopted, submitted to, and reviewed by, HCD; and
WHEREAS, on September 22, 2022, Planning Commission conducted a duly noticed public hearing to consider recommending to the City Council that the City Council adopt the amended 6th Cycle Housing Element, and after considering oral and written testimony, adopted Resolution Number 22-018 (PCS) recommending that the City Council adopt the amended the 6th Cycle Housing Element; and WHEREAS, on September 26, 2022, in accordance with Government Code Section 65585(b), the City posted the final draft of the amended 6th Cycle Housing Element incorporating the Planning Commission’s recommendations for updated implementation dates on the City’s website for public review, and emailed a link to all individuals and organizations that previously requested notices relating to the City’s 6th Cycle Housing Element; and
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Packet Pg. 946 Attachment: Attachment A Ordinance Incentives for Certain Housing Projects 071823 [Revision 1] (5717 : Zoning Ordinance Regarding 7 WHEREAS, on October 11, 2022, the City Council conducted a duly-noticed public hearing to consider adopting the amended 6th Cycle Housing Element, and after considering oral and written testimony, adopted Resolution Number 11469 (CCS), adopting an amended 6th Cycle Housing Element, which was certified by the State on October 14, 2022; and
WHEREAS, between September 30, and October 13, 2022, the City received 15 preliminary applications for housing development projects pursuant to Government Code Section 65941.1; and
WHEREAS, the applicants for the 15 housing development projects assert that the projects are eligible for processing under the “builder’s remedy” provision of the Housing Accountability Act (“HAA”), California Government Code section 65589.5(d), (the “builder’s remedy applications”); and
WHEREAS, the builder’s remedy provision prohibits a local agency from disapproving a housing development project, that provides at least 20 percent of total units for very low, low-, or moderate-income households, or condition approval in a manner that renders the housing development project infeasible for development for the use of very low, low-, or moderate-income households unless the local agency is able to make certain specific findings, including, but not limited to, the housing development project is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a housing element that is in substantial compliance with State Housing Element law; and
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Packet Pg. 947 Attachment: Attachment A Ordinance Incentives for Certain Housing Projects 071823 [Revision 1] (5717 : Zoning Ordinance Regarding 8 WHEREAS, 14 of the 15 builder’s remedy applications propose housing development projects are inconsistent with the City’s LUCE and Zoning Ordinance, in part, because the housing development projects would far exceed height and floor area ratio (“FAR”) maximums; and
WHEREAS, the Housing Element includes a variety of programs intended to achieve goals and policies related to new housing production for all income categories and the preservation of existing housing, ensuring there is equitable housing access to all neighborhoods, housing for the homeless including housing assistance and supportive services to low-income households, and eliminating housing discrimination; and WHEREAS, the Housing Element sets forth a range of goals, policies and programs, including, but not limited to, procedural changes related to streamlining the review of housing projects, updating development standards and the Affordable Housing Production Program (“AHPP”) to ensure housing projects are feasible, providing opportunities for housing in areas of the City that do not currently permit housing, incentivizing housing in areas of the City that have not historically supported housing production, amending the City’s density bonus ordinance to ensure consistency with State law and integration into the City’s land use system, and committing to the production of affordable housing on City-owned/publicly owned land; and WHEREAS, the Housing Element requires the City to implement certain programs through amendments to the Land Use and Circulation Element of the General Plan, the Bergamot Area Plan, the Downtown Community Plan, and the Zoning Ordinance in phases, subject to specified deadlines; and
10.A.b
Packet Pg. 948 Attachment: Attachment A Ordinance Incentives for Certain Housing Projects 071823 [Revision 1] (5717 : Zoning Ordinance Regarding 9 WHEREAS, on August 4, 2021, the Planning Commission adopted a Resolution of Intention, Resolution Number 21-007 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance for, among other things, consistency with the goals, policies and programs of the 6th Cycle Housing Element; and
WHEREAS, on February 1, 2023, the Planning Commission conducted a duly noticed public hearing, and, after considering oral and written testimony regarding the proposed amendments to the text of the Zoning Ordinance, adopted Resolution Number 23-003 (PCS), recommending that the City Council amend the text of the Zoning Ordinance; and
WHEREAS, on April 11, 2023, the City Council adopted Ordinance Number 2742 (CCS), amending the text of the Zoning Ordinance for consistency with the goals, policies, and programs of the 6th Cycle Housing Element, including, but not limited to, housing development incentives such as increased height and FAR maximums in the City’s nonresidential districts and streamlined ministerial approval processes for housing projects that are consistent with the City’s objective standards; and WHEREAS, the City desires to provide an alternative means of providing housing on the sites subject to the builder’s remedy applications by allowing applicants to be eligible for the housing development incentives resulting from Housing Element implementation, including increased height and FAR maximums in the City’s nonresidential districts and streamlined ministerial approval process, subject to certain additional incentives related to offsite affordable housing requirements under the AHPP, eligibility for density bonuses for projects that provide affordable housing offsite in
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Packet Pg. 949 Attachment: Attachment A Ordinance Incentives for Certain Housing Projects 071823 [Revision 1] (5717 : Zoning Ordinance Regarding 10 accordance with the AHPP, including incentives and concessions, and waiver or reduction of building standards, and parking maximums in the Downtown Community Plan area; and
WHEREAS, in addition to permitting application of the Housing Element implementation, these additional incentives will provide an alternative pathway for applicants to propose housing development projects on the sites subject to the builder’s remedy applications that would be consistent with the City’s LUCE and Zoning Ordinance, or any applicable Specific Plan, including increased height and FAR maximums for housing development projects in the City’s nonresidential districts as set forth the Housing Element; and
WHEREAS, on May 17, 2023, the Planning Commission adopted a Resolution of Intention, Resolution Number 23-010 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance to provide the incentives for housing projects located on sites subject to a preliminary application in accordance with Government Code section 65941.1 that was filed between September 30, and October 13, 2022; and
WHEREAS, on June 21, 2023, the Planning Commission conducted a duly-noticed public hearing to consider its recommendation to the City Council; and WHEREAS, on June 21, 2023, the Planning Commission conducted a duly noticed public hearing, and, after considering oral and written testimony regarding the proposed amendments to the text of the Zoning Ordinance, adopted Resolution Number 23-011 (PCS), recommending that the City Council amend the text of the Zoning Ordinance to provide incentives for housing projects located on sites subject to a preliminary
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Packet Pg. 950 Attachment: Attachment A Ordinance Incentives for Certain Housing Projects 071823 [Revision 1] (5717 : Zoning Ordinance Regarding 11 application in accordance with Government Code section 65941.1 that was filed between September 30, and October 13, 2022 based on the following findings:
1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan and any applicable Specific Plans in that the proposed amendments incentivize the production of housing projects that are consistent with the General Plan and any applicable Specific Plan on parcels that are subject to pending applications for housing development projects that have asserted eligibility for processing under the “Builder’s Remedy” provision of the Housing Accountability Act (California Government Code section 65589.5(d)), that were filed prior to certification of the City’s 6th Cycle (2021-2029) Housing Element. These Builder’s Remedy applications do not comply with General Plan or applicable Specific Plan standards for Floor Area Ratio or building height. The new projects that may be submitted in accordance with the text amendments would comply with General Plan and applicable Specific Plan development standards for Floor Area Ratio and building height and provide new deed-restricted affordable and market-rate housing units in Santa Monica.
2. The proposed amendments to the text of the Zoning
Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the amendments will incentivize the production of General Plan, Specific Plan,
10.A.b
Packet Pg. 951 Attachment: Attachment A Ordinance Incentives for Certain Housing Projects 071823 [Revision 1] (5717 : Zoning Ordinance Regarding 12 and Zoning Ordinance compliant housing on parcels that are subject to pending applications for housing development projects that have asserted eligibility for processing under the “Builder’s Remedy” provision of the Housing Accountability Act (California Government Code section 65589.5(d)), that were filed prior to certification of the City’s 6th Cycle (2021- 2029) Housing Element. These Builder’s Remedy applications do not comply with General Plan or Zoning Ordinance standards for Floor Area Ratio or building height. The new projects that may be submitted in accordance with the text amendments would comply with General Plan, Specific Plan, and Zoning Ordinance development standards for Floor Area Ratio and building height and therefore promote the orderly growth of the City in a manner that protects public health, safety and general welfare in comparison to projects that exceed General Plan, Specific Plan, and Zoning Ordinance development parameters; and
WHEREAS, on October 12, 2021, the City Council certified the 6th Cycle Housing Element Final Environmental Impact Report (SCH No. 20212269242021), and subsequent to certification of the Housing Element EIR, the City revised the Housing Element and prepared an addendum to the Housing Element EIR (“Housing Element Addendum”); and
WHEREAS, although the certified Housing Element calls for, and the certified Housing Element Suitable Sites Inventory (“SSI”) accommodates, 13,600 units, the Housing Element Addendum “conservatively considers maximum theoretical buildout with an additional 10-percent increase, for a total of 14,565 dwelling units”; and
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Packet Pg. 952 Attachment: Attachment A Ordinance Incentives for Certain Housing Projects 071823 [Revision 1] (5717 : Zoning Ordinance Regarding 13 WHEREAS, therefore, the Housing Element Addendum provides a 965-unit buffer to cover and analyze potential environmental effects for units proposed beyond those accounted for in the certified Housing Element SSI; and WHEREAS, the proposed amendments to the Zoning Ordinance will restrict the density of the eligible projects (“Ordinance Projects”) (including the related offsite affordable receiver sites) to no more than the unit capacity assumed in the SSI at the site (the “SSI Credit”) plus any additional units beyond the SSI Credit so long as the additional units collectively proposed for Ordinance Projects do not exceed the buffer of 965 units; and
WHEREAS, as explained more fully in the staff report dated July 18, 2023 accompanying this Ordinance, since the proposed incentives for Ordinance Projects, with the exception of the parking incentives for projects located within the Downtown, would terminate upon issuance of Administrative Approval applications for a total of 965 additional units, the potential environmental impacts resulting from amendments to the Zoning Ordinance have been adequately analyzed in the Housing Element EIR and Addendum and do not trigger any of the conditions described in CEQA Guidelines Section 15162 that would require the preparation of a supplemental EIR or negative declaration pursuant to CEQA Guidelines Section 15168(c); and
WHEREAS, on July 18, 2023, the City Council conducted a duly noticed hearing to consider the findings and recommendations of the Planning Commission, and desires to adopt the proposed Zoning Ordinance amendments as set forth below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
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Packet Pg. 953 Attachment: Attachment A Ordinance Incentives for Certain Housing Projects 071823 [Revision 1] (5717 : Zoning Ordinance Regarding 14 SECTION 1. Based upon the oral and written testimony presented to the City Council at the public hearing on July 18, 2023, regarding the proposed changes to the text of the Zoning Ordinance, the City Council hereby makes the following findings:
1. The amendments to the text of the Zoning Ordinance are consistent with the General Plan and any applicable Specific Plans in that the amendments incentivize the production of housing projects that are consistent with the General Plan and any applicable Specific Plan on parcels that are subject to pending applications for housing development projects that have asserted eligibility for processing under the “Builder’s Remedy” provision of the Housing Accountability Act (California Government Code section 65589.5(d)), that were filed prior to certification of the City’s 6th Cycle (2021-2029) Housing Element. These Builder’s Remedy applications do not comply with General Plan or applicable Specific Plan standards for Floor Area Ratio or building height. The new projects that may be submitted in accordance with the text amendments would comply with General Plan and applicable Specific Plan development standards for Floor Area Ratio and building height and provide new deed-restricted affordable and market-rate housing units in Santa Monica.
2. The amendments to the text of the Zoning Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the amendments will incentivize the production of General Plan, Specific Plan, and Zoning Ordinance
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Packet Pg. 954 Attachment: Attachment A Ordinance Incentives for Certain Housing Projects 071823 [Revision 1] (5717 : Zoning Ordinance Regarding 15 compliant housing on parcels that are subject to pending applications for housing development projects that have asserted eligibility for processing under the “Builder’s Remedy” provision of the Housing Accountability Act (California Government Code section 65589.5(d)), that were filed prior to certification of the City’s 6th Cycle (2021-2029) Housing Element. These Builder’s Remedy applications do not comply with General Plan or Zoning Ordinance standards for Floor Area Ratio or building height. The new projects that may be submitted in accordance with the text amendments would comply with General Plan, Specific Plan, and Zoning Ordinance development standards for Floor Area Ratio and building height and therefore promote the orderly growth of the City in a manner that protects public health, safety and general welfare in comparison to projects that exceed General Plan, Specific Plan, and Zoning Ordinance development parameters.
Section 2. Santa Monica Municipal Code Section 9.31.198 is hereby added to read as follows:
9.31.198 Multiple-Unit Dwelling Projects Located on Certain Sites Subject to Applications Filed Prior to Implementation of 6th Cycle (2021-2029) Housing Element
The purpose of this section is to incentivize the production of housing on parcels subject to applications for housing development projects that have asserted eligibility for processing under the “builder’s remedy” provision of the Housing Accountability Act (“HAA”), California Government Code section 65589.5(d), that were filed between September 30, and October 13, 2022, prior to implementation of the 6th Cycle (2021- 2029) Housing Element.
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Packet Pg. 955 Attachment: Attachment A Ordinance Incentives for Certain Housing Projects 071823 [Revision 1] (5717 : Zoning Ordinance Regarding 16 A. Applicability. Subject to the provisions of subsection G, below, this section shall apply to new multiple-unit dwelling projects with applications filed between June 1, 2023 and two years after the effective date of this Section, on parcels that meet the following requirements (“eligible projects”):
1. A preliminary application was filed for a housing development project pursuant to Government Code Section 65941.1 between September 30, and October 13, 2022; and
2. The preliminary application asserted eligibility for processing under the “builder’s remedy” provision of the Housing Accountability Act, Government Code Section 65859.5(d).
B. Development Standards. All eligible projects shall be subject to the development standards established for the underlying zone.
C. Affordable Housing Production Program Requirements. All eligible projects shall be subject to the provisions of Chapter 9.64, Affordable Housing Production Program, except that the applicant for any eligible project may elect to satisfy the off-site provisions of Chapter 9.64, as follows:
1. Applicant may offsite any or all of the affordable housing units associated with an eligible project at any commercially or residential zoned parcel in the City (outside of the Pico Neighborhood Area) consistent with the underlying General Plan and zoning regulations (with available State Density Bonus Law benefits available under AB 1763 [Chapter 666, Stats. 2019]) for 100 percent affordable projects) provided there are no existing residential units on the target offsite property (the “Offsite Affordable Option”).
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Packet Pg. 956 Attachment: Attachment A Ordinance Incentives for Certain Housing Projects 071823 [Revision 1] (5717 : Zoning Ordinance Regarding 17 For purposes herein, the Pico Neighborhood shall be defined in the Figure 9.40.020.A:
“Pico Neighborhood Area”.
2. If the applicant elects the Offsite Affordable Option for an eligible project in accordance with this subsection C, the following terms and conditions apply to the eligible project:
a. Affordable Housing Units. The market rate eligible project shall provide fifteen (15) percent of the total number of market rate base density (i.e., pre density bonus) units as offsite affordable housing units (i.e., five [5] percent Very Low, five (5) percent Low and five (5) percent Moderate). The affordable housing units for the Offsite Option shall not count as the basis to award a market rate density bonus for the off-site project. However, the offsite units may be used to qualify for density bonus benefits (e.g., density bonuses, incentives/concessions, waivers of development standards and reduced parking) for a one hundred percent affordable housing project at the offsite location(s).
Should the applicant elect to satisfy the affordable housing requirement onsite for any of the eligible projects, it shall be fifteen (15) percent of the base density (i.e., pre-density bonus) project units.
b. State Density Bonus Benefits. If exercised, the Offsite Affordable Option would enable the applicant to receive State Density Bonus Law benefits for the eligible project (i.e., up to a fifty (50) percent market rate density bonus, three (3) permitted incentives/concessions and additional waivers of development standards) as if the affordable units were to be provided onsite.
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Packet Pg. 957 Attachment: Attachment A Ordinance Incentives for Certain Housing Projects 071823 [Revision 1] (5717 : Zoning Ordinance Regarding 18 c. Timing for Completion. The Offsite Affordable project must receive a certificate of occupancy prior to issuance of a certificate of occupancy for the related market rate development. However, nothing shall prevent the market rate building from obtaining a building permit and commencing construction concurrent with or prior to the corresponding offsite affordable project.
D. Parking. Notwithstanding the provisions of Section 9.28.060(A), eligible projects located in the Downtown Community Plan Area shall be subject to the following maximum parking requirements:
1. Guest = 1 space per 15 units
2. Studio, no bedrooms = 1 space per unit
3. 1 bedroom = 1 space per unit
4. 2 or more bedrooms = 1 space per unit
E. Additional Requirements. Except as expressly provided in this Section, eligible projects shall comply with the requirements set forth in Section 9.31.195, Multiple-Unit Dwelling Projects.
F. Termination. This Section (with the exception of subsection D “Parking”) shall terminate and be of no further force and effect upon issuance of administrative approvals for 965 “additional units”. For purposes of this Section, “additional units” means the total amount of units provided by one or more eligible projects, including market rate, affordable, on-site and off-site units, that exceed the collective unit capacity allocated to the properties associated with the eligible projects under the Suitable Sites Inventory for the City’s 6th Cycle (2021-2029) Housing Element. This provision shall not impose any limit on the number of units of the eligible projects (either individually or collectively) that
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Packet Pg. 958 Attachment: Attachment A Ordinance Incentives for Certain Housing Projects 071823 [Revision 1] (5717 : Zoning Ordinance Regarding 19 do not utilize the offsite affordable housing benefits contained in this Section 9.31.198. In addition, subsection D “Parking” shall survive termination of this Section and continue to apply to any eligible projects identified in the settlement agreement located within the Downtown Community Plan area.
SECTION 3. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_______________________
DOUGLAS SLOAN
City Attorney
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Report
City Council Meeting: July 18, 2023
Agenda Item: 10.B
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Introduction and First Reading of Ordinance Amending Santa Monica Municipal Code 7.18.040 for Well Prohibition in the City Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemptions pursuant to Section 15061 (b)(3) and Section 15308 of the CEQA Guidelines.
2. Introduce the first reading of the attached ordinance to amend Santa Monica Municipal Code 7.18.040 for well prohibition in the City of Santa Monica.
Summary
The City of Santa Monica is one of five member agencies of the Santa Monica Basin Groundwater Sustainability Agency (SMBGSA). The SMBGSA’s formation was mandated by the Sustainable Groundwater Management Act (SGMA) of 2014, which was enacted by the State of California to ensure that groundwater across the state is managed sustainably. In compliance with SGMA, the SMBGSA prepared and submitted the Groundwater Sustainability Plan (GSP), approved by the City Council on December 7, 2021, and adopted by the SMBGSA on January 13, 2022, to the California Department of Water Resources before the January 31, 2022, deadline. With the GSP now completed, Santa Monica Municipal Code (SMMC) Section 7.18.040 Well Prohibition Ordinance needs to be amended to align with the GSP.
Discussion
The City adopted SMMC 7.18.040 in 2018 to prohibit the installation of new groundwater wells or the expansion of existing wells until a GSP is adopted or that it is
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expressly authorized by the GSP. The intent of SMMC 7.18.040 is to prohibit increased groundwater production until sustainable management criteria for the Santa Monica Groundwater Subbasin can be finalized in the GSP and as required by the SGMA of 2014. With the completion and submission of the GSP to the California Department of Water Resources in January 2022, SMMC 7.18.040 is being amended to align with the GSP where the installation of new wells or expansion of existing wells is prohibited within the City of Santa Monica unless it is approved by unanimous consent of the SMBGSA.
Please refer to Attachment A for redline version of SMMC 7.18.040.
Environmental Review
The ordinance amendment is categorically exempt from CEQA pursuant to Section 15061(b)(3) and Section 15308 of the CEQA Guidelines. The ordinance amendment is covered by the common sense exemption (Section 15061(b)(c)) which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The ordinance amendment would establish regulations to protect groundwater resources for the Santa Monica Groundwater Subbasin from depletion. In addition, the ordinance amendment is categorically exempt pursuant to Section 15308, which exempts actions taken by regulatory agencies for protection of the environment (Class 8). A full CEQA review will be conducted if any new wells or expansion of existing wells is approved by the SMBGSA.
Past Council Actions
Meeting Date Description
8/28/2018 (Attachment B) Adoption of Ordinance Adding Chapter 7.18 to the Santa Monica Municipal Code Relating to Sustainable
Groundwater Management and Prohibiting New Private
Wells and Expansion of Private Wells Unless and Until
Permitted by a Groundwater Sustainability Plan.
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Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.
Prepared By: Chris Aguillon, Water Resources Protection Specialist Approved Forwarded to Council
Attachments:
A. Amended 7.18.040 Well Prohibition Ordinance
B. Adoption of Ordinance Adding 7.18 Well Prohibition to the Santa Monica Municipal Code (Web Link)
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City Council Meeting: Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA MODIFYING SECTION 7.18.040 OF THE SANTA MONICA MUNICIPAL
CODE TO UPDATE WELL PROHIBITION REQUIREMENTS
WHEREAS, in September 2014, the California legislature passed Senate Bills 1168 and 1319 and Assembly Bill 1739, known collectively as the Sustainable Groundwater Management Act (“SGMA”), enacting Water Code §§10720 – 10737.8; and WHEREAS, SGMA went into effect on January 1, 2015; and
WHEREAS, the legislative intent of SGMA, among other goals, is to provide for the sustainable management of groundwater basins, to enhance local management of groundwater, to establish minimum standards for sustainable groundwater management, and to manage groundwater basins through the actions of local governmental agencies to the greatest extent feasible while minimizing state intervention; and
WHEREAS, SGMA requires all high and medium priority non-adjudicated groundwater basins, as designated by the California Department of Water Resources (“DWR”) in Bulletin 118, to be managed by a Groundwater Sustainability Agency (“GSA”) and that such management be accomplished pursuant to a Groundwater Sustainability Plan (“GSP”) for the basin; and WHEREAS, the Santa Monica Basin, DWR Basin Number 4-011.01 (“Basin”) was designated by DWR as a medium priority basin thereby requiring the implementation of SGMA for the Basin; and
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Packet Pg. 964 Attachment: Amended 7.18.040 Well Prohibition Ordinance [Revision 1] (5795 : Well Prohibition Ordinance (10 mins)) 2 of 4
WHEREAS, California Water Code §10721(j) defines a GSA as one or more local agencies that implement the provisions of SGMA; and
WHEREAS, any local public agency or combination of local agencies that have water supply, water management, or land use responsibilities within a groundwater basin may elect to become a GSA over that basin; and
WHEREAS, in 2017, the Santa Monica Basin Groundwater Sustainability Agency (“SMBGSA”) was formed under a Memorandum of Understanding (“MOU”) among the City of Santa Monica, the City of Beverly Hills, the City of Los Angeles, by and through its Department of Water and Power, the City of Culver City, and the County of Los Angeles (collectively, the “Parties”); and
WHEREAS, on August 28, 2018, the Santa Monica City Council adopted Ord. No. 2584CCS § 1 (the “Sustainable Groundwater Management Ordinance”), adding Chapter 7.18 to the Santa Monica Municipal Code, which prohibits the installation of new wells or the expansion of existing wells unless and until: (a) a Groundwater Sustainability Plan is adopted; and (b) the construction of new wells or the expansion of existing wells is expressly authorized by the Groundwater Sustainability Plan; and
WHEREAS, the Groundwater Sustainability Plan (“GSP”) for the Basin was adopted by the SMBGSA in January 2022; and
WHEREAS, SGMA defines sustainable groundwater management as the management and use of groundwater in a manner that can be maintained over a 50-year planning and implementation horizon without causing undesirable results; and WHEREAS, under SGMA, undesirable results occur when significant and unreasonable effects for any of six sustainability indicators are caused by groundwater conditions occurring throughout the Basin; and
WHEREAS, the six sustainability indicators defined in SGMA are:
• Chronic lowering of groundwater levels
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Packet Pg. 965 Attachment: Amended 7.18.040 Well Prohibition Ordinance [Revision 1] (5795 : Well Prohibition Ordinance (10 mins)) 3 of 4
• Groundwater storage
• Seawater intrusion
• Degraded water quality
• Land subsidence
• Depletions of interconnected surface water; and
WHEREAS, the extraction of groundwater from the Basin is prohibited without the unanimous consent of the SMBGSA, based upon a determination by the SMBGSA that the extraction of groundwater from such installation or expansion will not cause undesirable effects in the Basin, as further described in the Groundwater Sustainability Plan approved by the SMBGSA; and
WHEREAS, the City Council now seeks to amend SMMC section 7.18.040 to prohibit new or the expansion of existing private groundwater wells within the City of Santa Monica unless such expansion or extraction is approved by the SMBGSA, based upon a determination by the SMBGSA that the extraction of groundwater from such installation or expansion will not cause undesirable effects in the Santa Monica Basin, as further described in the Groundwater Sustainability Plan approved by the SMBGSA; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 7.18.040 is hereby amended to read as follows:
7.18.040 Well prohibition.
The installation of new wells or the expansion of existing wells is prohibited within the City of Santa Monica unless and until (a) a Groundwater Sustainability Plan is adopted; and (b) the construction of new wells or the expansion of existing wells is expressly authorized by the
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Packet Pg. 966 Attachment: Amended 7.18.040 Well Prohibition Ordinance [Revision 1] (5795 : Well Prohibition Ordinance (10 mins)) 4 of 4
Groundwater Sustainability Plan. such installation or expansion is approved by the unanimous consent of the Santa Monica Basin Groundwater Sustainability Agency (SMBGSA).
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. 967 Attachment: Amended 7.18.040 Well Prohibition Ordinance [Revision 1] (5795 : Well Prohibition Ordinance (10 mins)) City Council
Report
City Council Meeting: July 18, 2023
Agenda Item: 11.A
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To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: Approval of the City of Santa Monica Legislative Platform for Fiscal Years 2023-2025
Recommended Action
Staff recommends that the City Council:
1. Approve the attached 2023 State and Federal Legislative Agendas, which detail both the City’s historic legislative priorities and emerging concerns, aligned with the Council’s adopted community and budget priorities for FY 2023-2025;
2. Provide feedback to inform City staff’s competitive procurement process for new State and Federal representative and lobbying service to be undertaken in fall 2023; and
3. Authorize the City Manager to negotiate and execute a first modification to agreement #10693 in the amount of $25,000 with Shaw Yoder Antwih Schmelzer & Lange for state legislative advocacy services for the City Manager's Office.
This will result in a five-year agreement with a new total amount not to exceed $273,021.
4. 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.
Executive Summary
In order to advocate for its interests and objectives before the State and Federal governments in Sacramento and Washington, D.C., the City retains consultant teams— currently, Shaw Yoder Antwih Schmelzer & Lange (SYASL) and The Ferguson Group as State and Federal lobbyists, respectively—who represent the City at these levels of government.
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These representatives serve to:
• further the City’s legislative objectives in Congress, the State legislature and before state and federal agencies;
• monitor, provide feedback on, and seek to influence pending and proposed legislation;
• identify and advocate for funding opportunities through appropriations and grants; and
• liaise with elected officials and their staffs to advocate for the City’s positions and funding opportunities.
Both firms, in collaboration with senior City staff, have developed updated legislative agendas to guide the City’s legislative and policy advocacy over the upcoming FY2023- 25 biennial budget cycle. Maintaining legislative platforms at both the federal and state level serves to clarify City policies, create additional transparency, and enable staff to rapidly weigh in on matters of legislative importance with the backing of Council’s adopted positions.
In addition, the five-year terms of the contracts for both SYASL and The Ferguson Group for representative and lobbying services for the City will expire in December 2023. Staff intends to undertake a competitive Request for Proposals process in the fall for these services going forward, and is seeking Council input and feedback on priorities to inform this process.
Finally, staff is seeking limited additional budgetary authority for SYASL to continue providing state legislative advocacy services through December 2023, to align with previous Council authorization for a five-year contractual term.
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Discussion
Legislative Platform Updates
Starting in 2016, on an annual or biannual basis, staff has presented Council with comprehensive Federal and State legislative agendas drafted based on Council’s adopted budgetary and community priorities, previously adopted positions, and direction with respect to specific bills or policies introduced at the state and federal levels.
Previously, Council had been presented with proposed Federal Legislative Agendas for their consideration and approval, which included broad statements of support or opposition to programs, policies or concepts legislated by the federal government.
Additionally, the Council had taken positions on proposed state legislation of interest to Santa Monica both when presented by staff in packages or on a case-by-case basis.
Over the last seven years, the State and Federal Legislative Agendas first adopted in 2016 and updated regularly since have guided the City’s legislative advocacy and created additional transparency for the City’s state and federal policy advocacy work.
Staff is putting forward for the Council’s review and approval updated versions of those State and Federal Legislative Agendas (Attachments A & B) to align our advocacy with the Council’s priorities for the FY2023-25 biennial budget adopted at a special meeting on March 11, 2023. These adopted priorities will dictate how programs are funded and additional funds are expended across the City, and therefore staff is recommending— consistent with past practice—that we align our legislative advocacy with those priorities, which are as follows:
• Addressing Homelessness: Prevent housed Santa Monicans from becoming homeless and increase the supply of affordable housing, address the behavioral health needs of vulnerable individuals and advocate for regional capacity to address homelessness.
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• Clean & Safe Santa Monica: Create an atmosphere marked by clean and safe public spaces and neighborhoods, including parks for recreation and leisure activities.
• Cultivate Economic Recovery & Expand Community & Cultural Offerings: Cultivate economic opportunity and recovery and invest in community and cultural amenities and programs for all community members, focused on expanding opportunities for youth, teens and seniors. • Racial Justice, Equity & Social Diversity: The City of Santa Monica acknowledges the effects of generational and institutional racism and discrimination, and its consequences that continue to impact our residents and businesses. These lessons of our history cannot be ignored.
The City is committed to advancing racial equity and social diversity to improve the wellbeing of people who live, work, learn, play, and do business in our City and create a community where differences in life outcomes cannot be predicted by race, class, gender, disability or other identities. Everyone in Santa Monica must have an opportunity to thrive.
• Sustainable & Connected Community: Ensure that City policies and programs enhance our resources, prevent and remedy harm to the natural environment and human health, and benefit the social and economic wellbeing of the community for the sake of current and future generations.
Adoption of the agendas is a public statement by the Council of its legislative priorities at the state and federal level. This action, combined with consultation of positions adopted by statewide and national advocacy organizations such as the League of California Cities, National League of Cities, and U.S. Conference of Mayors, allows staff to review and adopt positions on legislative items of particular concern to Santa Monica.
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More specifically, in practice, as legislation is introduced in the U.S. Congress and the California state legislature that is of relevance to Santa Monica, the City’s federal and state representatives use the legislative agendas to develop recommended positions on each bill—typically either a “Support,” “Oppose,” or a “Watch” (i.e. monitor without supporting or opposing) position. On any bill that is a close call or where more input is needed or there are particular sensitivities or strong City implications at play, the representatives refer the bill to City staff for further analysis and feedback. The representatives then draft letters of support or opposition, as appropriate, that are reviewed by City staff and signed by the Mayor on behalf of the Council to submit to the City’s elected representatives as well as relevant authors and legislative committees for particular bills. The City’s representatives or City staff at times weigh in further to advocate for the City’s legislative positions through meeting with legislators or agency officials and providing testimony at committee hearings. In addition to legislative advocacy related to particular bills at the state and federal levels, the City’s representatives use the adopted agendas to inform advocacy for and pursuit of resources that advance the City’s priorities and positions, in the form of grants or legislative appropriations.
Direction for Federal and State Representative Procurement The current contracts for the City’s federal and state representative and lobbyist services—held by The Ferguson Group and SYASL, respectively—were approved by the Council in 2018 for a term of five years, and both expire in December 2023.
Consistent with past practice, staff will be initiating an open competitive procurement process for these services this fall via separate Requests for Proposals (RFP) for both the federal and state representative portfolios. The City has retained both of its current consultants for these services for decades, with SYASL having provided state lobbyist services to the City since 1986 and The Ferguson Group federal services since 1994. In response to increased inquiries regarding advocacy services and evolving priorities of individual Councilmembers, staff is seeking Council feedback in advance of embarking on this RFP process to identify the best state and federal representatives for the City into 2024 and beyond. In particular, staff are seeking input on:
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• Priority areas of policy expertise and relationships desired in state and federal representatives;
• Importance of in-person meetings and engagement opportunities, both in the City of Santa Monica and when Councilmembers travel to Sacramento or Washington, D.C, for conferences or other official business; and • Frequency and nature of correspondence and reporting desired on legislative advocacy and outcomes.
Should Council desire an expanded scope of representative and lobbyist services beyond what is currently budgeted (approximately $45,000-50,000/year each for state and federal services), future tradeoffs would need to be identified to support increased potential contract costs.
Additional Budget Authority for SYASL
The City’s current contract with SYASL for state representative services was executed on December 6, 2018 and currently expires on June 30, 2023. The contract, however, is authorized through December 5, 2023 based on the Council’s prior authorization to enter into a five-year term. Thus, City staff can use the existing contract authority to extend the contract from its current expiration on June 30, 2023 to December 5, 2023.
However, because the City will have expended nearly all of the allocated budget that Council approved in 2018 (not-to-exceed $248,021) following payment of SYASL’s June 2023 invoice, a small amount of additional budget authority is needed to continue payment to SYASL and ensure that these services are not interrupted pending the outcome of the competitive procurement described above.
Accordingly, staff is recommending that the Council authorize allocation of $25,000 from existing funds in the Professional Services account for SYASL to continue providing legislative advocacy services through December 2023.
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Past Council Actions
Meeting Date Description
06/12/18 (Attachment C) Most recent Award of Contracts for State and Federal Lobbying Services
04/27/21 (Attachment D) Prior Approval of Legislative Platforms Environmental Review
The contract modification is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The contract is covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The modification will allow the City to continue to utilize its state legislative representative services. Therefore, it can be seen with certainty that the agreement would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to increase the amount of the agreement with Shaw Yoder Antwih Schmelzer & Lange for state legislative advocacy services for the City Manager's Office through December 5, 2023.
Agreement Modification Request
Agreement #
Current Authorized
Amount
FY 2023-24
Modified Request
Amount
Dept #
Total Revised
Contract Amount
10693 $248,021 $25,000 01200009.552010 $273,021
Future year funding is contingent on Council budget approval.
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Prepared By: Anuj Gupta, Assistant City Manager
Approved Forwarded to Council
Attachments:
A. 2023-25 State Legislative Platform DRAFT for City Council B. 2023-25 Federal Legislative Platform DRAFT for City Council C. June 12, 2018 Staff Report for Award of Contracts for State and Federal Lobbying Services (Web Link)
D. April 27, 2021 Staff Report for Approval of Legislative Platform (Web Link)
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City of Santa Monica
State Legislative Platform
2023 Update – DRAFT
ATTACHMENT A
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Packet Pg. 976 Attachment: 2023-25 State Legislative Platform DRAFT for City Council [Revision 2] (5649 : Approve Legislative Platform) 2 | Page
CITY OF SANTA MONICA
2023 STATE LEGISLATIVE AGENDA
The City of Santa Monica, California is an innovative, progressive and diverse beachfront community of approximately 93,000 residents on the Southern California coast.
Historically, the City Council’s key legislative priorities have been focused in the following policy areas:
§ Affordability
§ Addressing Homelessness
§ Climate Change
§ Keeping Neighborhoods Safe
§ Enhancing Mobility and Access
§ Engaged and Thriving Community
On March 11, 2023, the Santa Monica City Council held a special session to set community priorities for the next two years to guide the biennial (FY2023-25) budget adopted in June 2023.
The City Council selected the following priorities to guide City policy and budgetary decisions:
Addressing Homelessness: Prevent housed Santa Monicans from becoming homeless and increase the supply of affordable housing; address the behavioral health needs of vulnerable individuals; and advocate for regional capacity to address homelessness.
Clean and Safe Santa Monica: Create an atmosphere marked by clean and safe public spaces and neighborhoods, including parks for recreation and leisure activities.
Cultivate Economic Recovery & Expand Community and Cultural Offerings: Cultivate economic opportunity and recovery and invest in community and cultural amenities and programs for all community members, focused on expanding opportunities for youth, teens and seniors.
Racial Justice, Equity, and Social Diversity: The City of Santa Monica acknowledges the effects of generational and institutional racism and discrimination, and its consequences that continue to impact our residents and businesses. These lessons of our history cannot be ignored. The City is committed to advancing racial equity and social diversity to improve the wellbeing of people who live, work, learn, play, and do business in our City and create a community where differences in life outcomes cannot be predicted by race, class, gender, disability or other identities. Everyone in Santa Monica must have an opportunity to thrive.
Sustainable and Connected Community: Ensure that City policies and programs enhance our resources, prevent and remedy harm to the natural environment and human health, and benefit the social and economic wellbeing of the community for the sake of current and future generations.
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Packet Pg. 977 Attachment: 2023-25 State Legislative Platform DRAFT for City Council [Revision 2] (5649 : Approve Legislative Platform) 3 | Page
These priorities guide City policy and budgetary decisions, and engagement with state Legislators and the Governor’s Administration on legislative and regulatory matters.
The City’s key priorities are reflected in the policy positions below for state engagement efforts, including other noted goals and objectives.
ADDRESSING HOMELESSNESS
HOMELESSNESS
§ Support legislation and secure resources, either directly or in partnership with other entities, that address and prevent homelessness with innovative strategies that maintain and expand the inventory of affordable and permanent supportive housing; protect low-income renters from discrimination and eviction; promotes income stability; provide direct services and housing to people who are homeless or at high risk of homelessness; remove barriers to and expand availability of mental health and substance use disorder treatment; improves service coordination; supports alternatives to incarceration; and expands and maintains availability of basic needs for food, hygiene and safety with emphasis placed on highly vulnerable populations including persons living with a mental health diagnosis, persons with a substance use disorder, veterans, older adults and persons with disabilities.
§ Support a balanced approach in addressing homelessness legislatively that considers the need for assistance and services for people experiencing homelessness while providing for the health, safety, and welfare of all people in Santa Monica, and advocate for regional initiatives involving county, state and federal governments to reduce chronic homelessness.
§ Support legislation that would provide state resources to address and prevent homelessness directly to cities.
§ Seek resources for street based multi-disciplinary outreach and street medicine teams for those affected by homelessness and behavioral health issues. § Support state investment for homeless services, homelessness prevention, and rapid rehousing/supportive housing to meet the needs of those experiencing homelessness and the chronically homeless veterans in the City.
§ Support legislation aimed at reforming the Lanterman-Petris-Short Act so that individuals who are gravely mentally ill can be placed under a court-ordered conservatory to prevent harming themselves or others.
§ Support legislation that requires the appointment of local educational agencies to identify homeless youth.
§ Support efforts to end youth homelessness in the state. § Support legislation and resources that facilitate the expedited identification, assessment, and linkage of homeless individuals to housing and supportive services. § Support legislation that allows for appropriate data sharing between municipalities and treatment providers.
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Packet Pg. 978 Attachment: 2023-25 State Legislative Platform DRAFT for City Council [Revision 2] (5649 : Approve Legislative Platform) 4 | Page
§ Support legislation that safeguards against the criminalization of homelessness. § Support legislation to strengthen the Sargent Shriver Civil Counsel Act, which provides for the Judicial Council to appoint legal representation for unrepresented low-income parties in civil matters involving critical issues affecting basic human needs, including in unlawful detainer matters.
§ Support legislation that would allow for the establishment of community paramedicine programs.
§ Support legislation that would allow first responders to take those experiencing acute behavioral health crises to alternate destination healthcare facilities. § Support legislation and resources to provide mental health training for public safety officers and to hire behavioral health and other social work professionals for alternative responses to non-violent calls for service.
§ Support the Care Act, which creates a new pathway to deliver mental health and substance use disorder services to the most severely impaired Californians to help prevent them from falling into homelessness or incarceration.
HOUSING
§ Support legislation and resources that would provide housing and other services for veterans at the West Los Angeles Veterans Administration site. § Oppose legislation related to homelessness rooted in approaches other than a housingfirst solution to homelessness. § Support legislation allowing local governments to utilize state facilities such as armories to provide emergency housing to the homeless.
§ Support legislation that exempts from CEQA the construction of emergency shelters, supportive housing, and affordable housing, including motel and hotel conversions to transitional housing.
§ Support legislation and secure resources that provide for the creation and preservation of affordable housing and permanent supportive housing in the City. § Support legislation and budget resources that fund and support the construction of affordable housing and permanent supportive housing programs. § Support the expedited CEQA administrative and judicial review procedure established by the Jobs and Economic Improvement Through Environmental Leadership Act for “environmental leadership development projects” and expands the Act’s eligibility to include smaller housing projects.
§ Support legislation that would call for the zoning and building of affordable housing on surplus or underutilized state properties.
§ Oppose legislation that erodes the City’s local autonomy over land-use decisions or weakens the City’s ability to ensure the future welfare of its residents through local control of the planning process.
§ Support legislation that streamlines the RHNA planning process.
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Packet Pg. 979 Attachment: 2023-25 State Legislative Platform DRAFT for City Council [Revision 2] (5649 : Approve Legislative Platform) 5 | Page
§ Support legislation that establishes a fair and equitable formula for how allocations are made to localities under the RHNA planning process and seek state resources to fund the construction of affordable housing in furtherance of those allocations. § Support legislation and state programs that create an inventory of potentially seismically vulnerable buildings and/or provide funding resources for the seismic retrofit of such properties.
§ Support legislation that prohibits discrimination in housing based on veteran or military status.
§ Support legislation that repeals Article 34 of the State Constitution. § Support legislation that incentivizes the supply of social housing and co-housing in the state.
§ Support legislation that incentivizes and streamlines the process to construct accessible dwelling units.
§ Support legislation that promotes the production of Accessory Dwelling Units (ADUs) in the Coastal Zone by removing onerous parking requirements in existing laws and regulations.
CLEAN AND SAFE SANTA MONICA
PUBLIC SAFETY
§ Support legislation and resources available to local first responders in the event of wildfires, earthquakes, and other events.
§ Support legislation to authorize superior courts to develop and implement mental health courts, which may operate as a pre-trial diversion program or a deferred entry of judgment program.
§ Supports legislation that restricts the manufacture, importation, and sale of any device capable of converting an ammunition-feeding device into a high capacity magazine. § Support legislation that will require a person to apply to obtain, from the Department of Justice, a unique serial number or other mark of identification prior to manufacturing or assembling a firearm in order to restrict the use of “ghost guns”. § Support legislation that restricts the quantity of firearms and ammunition sold in this state, including expanding the list of persons prohibited from purchasing a firearm; prohibit individuals under the age of 21 from purchasing a firearm; requiring background checks of those wishing to purchase a firearm; and supporting additional taxes on retailers who sell firearms or ammunition.
§ Support legislation that would create the crime of organized retail theft and other proposed reforms to Proposition 47 of 2014.
§ Support legislation that maintains local control on cannabis cultivation, distribution, and sales within the City.
§ Support legislation that seeks to eradicate human trafficking.
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Packet Pg. 980 Attachment: 2023-25 State Legislative Platform DRAFT for City Council [Revision 2] (5649 : Approve Legislative Platform) 6 | Page
§ Support legislation that prohibits a law enforcement agency from authorizing the use of a carotid restraint or choke hold.
§ Support legislation that will have the state Department of Justice review local use-offorce policies upon the request of local law enforcement agencies. § Oppose legislation that proposes unfunded mandates on training for officers. § Support legislation that promote alternatives to incarceration and that aim to end systemic racism and disparities in the treatment of people of color within the criminal justice system.
§ Support legislation and initiatives that seek to reform the criminal justice system’s sentencing guidelines and practices that have disproportionately impacted people of color.
§ Support legislation that improves California’s existing conceal-carry weapon laws to address recent U.S. Supreme Court Decision in New York Rifle and Pistol Association v Bruen by ensuring that those carrying firearms in public are law-abiding citizens who do not pose a danger to themselves or others; are at least 21 years of age; and identify certain areas where guns may not be carried.
§ Support legislation and resources that support the behavioral health needs and wellbeing of public safety personnel.
PARKS AND OPEN SPACE
§ Support legislation and resources to protect the City’s beaches. § Support legislation that bans smoking and vaping on state beaches and parks. § Support legislation and resources to protect existing parks, wetlands, community open spaces, and coastal resources.
§ Support legislation that provides funding for rehabilitation, development, and capital improvements of local parks and community facilities.
§ Support legislation and bond measures that provide per capita grants to local governments to fund parks and capital improvements, as well as recreation programs that enhance the quality of life for residents.
CULTIVATE ECONOMIC RECOVERY & EXPAND COMMUNITY AND CULTURAL OFFERINGS
DIRECT RELIEF FOR LOCAL GOVERNMENTS
§ Support legislation or regulatory efforts to ensure that local governments can provide essential city services in a safe and efficient manner, including securing budget resources to improve existing city infrastructure.
§ Support legislation that allocates state revenues to backfill local government losses due to the COVID-19 pandemic. Funding should be determined with an equitable funding formula not solely calculated by population size.
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Packet Pg. 981 Attachment: 2023-25 State Legislative Platform DRAFT for City Council [Revision 2] (5649 : Approve Legislative Platform) 7 | Page
BUSINESS ASSISTANCE
§ Support legislation that provides funding and other resources to aid in the recovery of the tourism and hospitality sectors, including businesses in these sectors and their workers.
§ Support legislation and administrative efforts to provide regulatory flexibility to allow local businesses to re-open in a safe manner.
§ Support legislation that provides local governments more flexibility in permitting outdoor dining and entertainment to support local business and community needs. § Support legislation that streamlines the process and provides incentives for small businesses to open and expand operations in California while maintaining local control. § Support legislation and funding resources to streamline state and local permitting processes for cannabis businesses while maintaining local control. § Support legislation to provide greater protections to businesses in California regarding third-party Americans with Disability Act frivolous claims and lawsuits. § Support legislation to allow municipalities to adopt and incentivize local purchase preferences in support of buying local, small businesses and minority-owned businesses.
TENANT PROTECTION/ACCESS TO HOUSING
§ Support legislation that provides rent relief to commercial and residential tenants impacted by the COVID-19 pandemic.
§ Support legislation and resources for eviction prevention, including legal aid. § Support legislation that protects local governments’ ability to regulate transient residential hosting platforms.
§ Support legislation that increases the renter’s tax credit. § Support legislation that amends or repeals the Costa-Hawkins Rental Housing Act. § Support legislation that increases tenant protections and eliminates the incentive for property owners to remove rent control eligible properties from the rental market through the Ellis Act or other means.
§ Support legislation and secure resources to advance local efforts to advance the goals of the Fair Housing Act including ending the historic racial discrimination in housing and to satisfy Affirmatively Furthering Fair Housing.
§ Support legislation and secure resources that expand diverse opportunities for affordable home ownership and allow for the transition from renters to owners by residents.
§ Support legislation that increases equitable and affordable housing access, with a particular focus on areas that historically excluded diverse populations and affordable housing.
§ Support legislation that will allow for disabled tenants to swap units in their building if they have a disability related to mobility and live in a building without an elevator.
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Packet Pg. 982 Attachment: 2023-25 State Legislative Platform DRAFT for City Council [Revision 2] (5649 : Approve Legislative Platform) 8 | Page
§ Support legislation that facilitates increased housing production in the City without undermining the City's adopted affordability and inclusionary requirements.
ECONOMIC DEVELOPMENT
§ Support legislation to implement any new or alternative approaches to replace redevelopment funding mechanisms.
§ Support legislation that protects the City’s transient occupancy tax revenues. § Support legislation that strengthens and expands ongoing revenues for the City. § Oppose legislation that undermines and preempts local authority over local taxes and fees.
§ Support legislation and resources that will provide tangible and productive tools and incentives to support job creation and retention.
§ Support legislation to increase the amount of state tax credits for qualified expenditures of motion pictures in California.
§ Support legislation that creates opportunities for and invests in artists and other creative workers.
§ Support legislation that streamlines the process and provides incentives for street vendors to go through the applicable local permitting process.
COMMUNITY WELLBEING
§ Support legislation and resources that support mental health (e.g. access to psychiatric facilities, behavioral health care treatment, and street-based services). § Support legislation and resources for youth mental health services, including suicide prevention services.
§ Support legislation that mandates schools to offer one or more courses in mental health education in middle school or high school.
§ Support legislation that mandates requirement on health plans and disability insurers to cover medically necessary treatment of mental health and substance use disorders under the same terms and conditions applied to other medical conditions. § Support legislation that requires the state Department of Public Health to provide opioid antagonist kits free of charge to as many designated facilities as possible in counties experiencing an opioid overdose crisis, along with easy to understand instructions on the administration of the opioid antagonist nasal spray. § Support legislation that would require schools (K-12 and Higher Education), stadiums, concert venues, and amusements parks to maintain doses of naloxone hydrochloride or other opioid antagonists.
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Packet Pg. 983 Attachment: 2023-25 State Legislative Platform DRAFT for City Council [Revision 2] (5649 : Approve Legislative Platform) 9 | Page
§ Support legislation that authorizes a pharmacist to furnish an opioid antagonist approved by the federal Food and Drug Administration, subject to completion of continuing education on the use of opioid antagonists.
§ Support legislation and resources for school and college facility maintenance and construction.
§ Support legislation and resources, including bonding authority for library construction and maintenance.
§ Support legislation that encourages partnerships between libraries and local school districts.
§ Support legislation and resources encouraging the provision of accessible, affordable, high quality childcare.
§ Support legislation and resources to expand the development of quality before- and after-school programs.
§ Support legislation that provides for aging with dignity. § Support legislation and resources for local arts activities and historic preservation in community life.
§ Support legislation and funding for the restoration and/or enhancement of arts programs in public schools.
§ Support legislation that allows for the continuation of virtual public meetings to allow for flexibility and greater participation, particularly during a state of emergency. § Support legislation and funding for community broadband and infrastructure investments in public parks, beaches, libraries and other public facilities, affordable housing developments and neighborhood commercial districts.
RACIAL JUSTICE, EQUITY & SOCIAL DIVERSITY
§ Support legislation and resources for the development of restorative justice programs at the state level and in local communities.
§ Support legislation that would ensure cities and counties provide adequate opportunities for the development of multi-family mixed-income and affordable housing within high-opportunity areas, while simultaneously protecting and investing in sensitive communities at risk of displacement.
§ Support legislation that establishes community anti-displacement and preservation programs.
§ Support legislation that limits the circumstances under which local law enforcement officials can interact with and assist federal immigration officials and oppose the use of local resources to aid in federal immigration enforcement efforts. § Support legislation and resources to increase consumer protection efforts, including preventing predatory lending.
§ Support legislation that would implement a single payer universal health care delivery system.
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Packet Pg. 984 Attachment: 2023-25 State Legislative Platform DRAFT for City Council [Revision 2] (5649 : Approve Legislative Platform) 10 | Page
§ Support legislation that requires the state Department of Education to finalize the development of training programs/platforms to support LGBTQ cultural competency training for teachers and other certificated employees and then require one hour of training annually for teachers and certificated employees. § Support legislation that mandates gender-neutral multi-stall bathrooms. § Support legislation to enhance, increase, and expand voting opportunities to eligible voters throughout the state.
§ Support legislation and state resources to encourage the development and implementation of cannabis social equity programs designed to enable communities that were negatively impacted by cannabis criminalization to become legal participants in the cannabis marketplace.
SUSTAINABLE & CONNECTED COMMUNITY
CLIMATE CHANGE/SUSTAINABILITY
§ Support legislation and secure resources for the reduction of greenhouse gas emissions and protection and preservation of our environment.
§ Secure resources to enhance the City’s continued investment in renewable energy, sustainable procurement, green buildings, green public transit and infrastructure, and socially and environmentally responsible businesses to meet our climate goal of being carbon neutral by 2050.
§ Support legislation and secure resources that would allow for the creation of sustainable water and wastewater infrastructure that is more resilient with a smaller impact on the environment.
§ Support legislation and funding for transportation electrification including electric vehicle charging infrastructure.
§ Support a climate resiliency bond that will provide funding for wildfire prevention, safe drinking water, drought preparation, improving ocean water quality, addresses sea-level rise, and provides parks funding.
§ Supports legislation and resources to address the issue of sea-level rise. § Support legislation and resources that assist local governments in developing and implementing energy efficiency and conservation strategies that maximize available resources, reduce costs, expand community access, and protect public health. § Support legislation that ensures local governments can continue, and not be preempted in, their efforts to achieve economic improvements through increased energy efficiency and conservation plans that seek to decrease carbon emissions. § Support legislation that calls for the elimination of single use plastics. § Support legislation that assists municipalities in their recycling and waste reduction efforts and incentivizes efforts to increase the market for recycling. § Support legislation and regulatory efforts that call for building electrification.
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Packet Pg. 985 Attachment: 2023-25 State Legislative Platform DRAFT for City Council [Revision 2] (5649 : Approve Legislative Platform) 11 | Page
§ Support legislation regarding Extended Producer Responsibility programs. § Support legislation and regulatory efforts that strengthen storm water pollution control standards.
§ Support legislation strengthening the state’s Renewable Portfolio Standard. § Support the ability of local governments to implement Community Choice Aggregation for the purchase of electricity and oppose legislation that would place new burdens and requirements on the establishment of CCAs and/or procurement activities of CCAs. § Support legislation that expands the use of solar energy systems on residential and commercial properties.
§ Support legislation focused on water re-use, wastewater treatment, water conservation, and stormwater quality improvements.
§ Support legislation and resources that assist local governments in developing and implementing transportation, land use and building policies that encourage maximum use of resources and lower energy consumption.
§ Support legislation that would authorize the South Coast Air Quality Management District Board to impose a transaction and use tax within the district to supplement existing revenues to improve and protect air quality.
§ Support legislation and revenues for energy efficiency and renewable energy projects. § Support legislation and regulatory actions to reduce greenhouse gas emissions from passenger cars and trucks.
§ Support efforts to incentivize outdoor water-efficiency programs including droughtfriendly landscaping, while preserving local control. § Oppose legislative efforts to impose a statewide water tax or fee. § Support legislation requiring manufacturers to be responsible for safe disposal or for reuse of their products and by-products.
§ Support resources for the California Green Business Program to develop standards for local green business certification programs.
MOBILITY AND ACCESS
§ Support legislation and resources that will improve and enhance mobility throughout the City and the region while ensuring access to a range of equitable transportation options for our residents. This includes local control of our shared mobility programs, ensuring a robust and efficient public transit system, and encouraging active transportation.
§ Support legislation and funding resources to restore connectivity among communities that have been separated and negatively impacted by freeway construction. § Support legislation that reforms existing state statutes and regulations that impede community connectivity and removes those barriers, thereby promoting an environment conducive to attracting investment and fostering economic growth. § Support legislation and resources that would provide the maximum share of funding for local and regional transportation programs.
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Packet Pg. 986 Attachment: 2023-25 State Legislative Platform DRAFT for City Council [Revision 2] (5649 : Approve Legislative Platform) 12 | Page
§ Support legislation and funding for the expansion of bus service throughout the Big Blue Bus service area, as well as rail service into the City. § Support legislation that would give transit agencies priority access to electricity when confronted with grid disruptions caused by natural or man-made disasters, rolling blackouts, utility company “Public Safety Power Shutoffs,” or increasing demand on California’s electrical grid.
§ Support legislation to reduce or remove demand charges for transit fleet electrification projects.
§ Support legislation that would require expanding mandatory data requirements for sharing autonomous vehicle incident data with local government in the interest of greater public safety.
§ Support legislation to improve the safety of State Route 1 (PCH) and to extend the beach bike path north from the current terminus at Will Rogers State Beach. § Support legislation and resources to transition our Big Blue Bus fleet to a zero-emission fleet and build out the necessary charging infrastructure. § Oppose legislation that would restrict local control over the operation of shared mobility devices in the City, including a City’s ability to collect the data necessary to maintain safe, equitable program operations and to effectively manage the public right of way, with appropriate privacy safeguards in place.
§ Oppose legislation that will restrict local government control over parking enforcement (including towing) and the payment of fines and fees for parking citations. § Support legislation to create a Division of Active Transportation within the California Department of Transportation and other efforts to prioritize pedestrian and bicyclist safety.
§ Support legislation to protect SB 1 (2017) transportation fund from being diverted for other uses.
§ Support legislation and resources to streamline and incentivize the deployment of zeroemission passenger vehicles and the build-out of electric vehicle charging infrastructure. § Support legislation for State to explore building electric vehicle charging infrastructure on underutilized state property.
§ Support legislation and resources for the maintenance and upgrade of pedestrian bridges and the beach bike path.
§ Support legislative efforts to reduce traffic fatalities through the use of alternate methodologies for determining speed limits.
§ Support legislation and resources for traffic enforcement and pedestrian safety. § Support legislation that provides local governments authority to enact “Slow Streets” to limit vehicular traffic and encourage recreational uses. § Support legislation to pilot automated speed enforcement cameras to enhance the safety of vulnerable roadway users while addressing equity and privacy issues. § Support legislation that continues the state’s involvement in the Safe Routes to School program.
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Packet Pg. 987 Attachment: 2023-25 State Legislative Platform DRAFT for City Council [Revision 2] (5649 : Approve Legislative Platform) 13 | Page
§ Support legislation to improve speed in bus lanes through the implementation of an automated bus lane enforcement program.
§ Support legislation that exempts from CEQA various transit-related projects such as pedestrian and bicycle facilities projects, transit prioritization projects, and projects for the institution or increase of new bus rapid transit, bus, or light rail service on existing public rights of-way or existing highway rights-of-way.
ADDITIONAL PRIORITIES
MISC.
§ Support legislation that bans the importation, sale, or intent to sell of any part or product of an exotic animal, regardless of when the parts or dead body were imported. § Support legislation that prohibits the unnecessary and harmful practice of the declawing of animals in the state of California.
§ Support legislation that provides flexibility to local governments regarding the rules around meetings held via teleconference.
§ Support legislation that extends the timeline to complete public records requests from 10 calendar days to at least 10 business days to address limited staff resources at the City level.
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Packet Pg. 988 Attachment: 2023-25 State Legislative Platform DRAFT for City Council [Revision 2] (5649 : Approve Legislative Platform) Memo
TO: City of Santa Monica, CA
DATE: June 23, 2023
DRAFT Federal Legislative Platform (2023-2025)
The following priorities set by the Santa Monica City Council for 2023-2025 will guide legislative activities in Washington, D.C. to advance the City of Santa Monica’s interest at the federal level. The priority areas include:
Addressing Homelessness: Prevent housed Santa Monicans from becoming homeless and increase the supply of affordable housing, address the behavioral health needs of vulnerable individuals and advocate for regional capacity to address homelessness.
Clean & Safe Santa Monica: Create an atmosphere marked by clean and safe public spaces and neighborhoods, including parks for recreation and leisure activities.
Cultivate Economic Recovery & Expand Community & Cultural Offerings: Cultivate economic opportunity and recovery and invest in community and cultural amenities and programs for all community members, focused on expanding opportunities for youth, teens and seniors.
Racial Justice, Equity & Social Diversity: The City of Santa Monica acknowledges the effects of generational and institutional racism and discrimination, and its consequences that continue to impact our residents and businesses. These lessons of our history cannot be ignored. The City is committed to advancing racial equity and social diversity to improve the wellbeing of people who live, work, learn, play, and do business in our City and create a community where differences in life outcomes cannot be predicted by race, class, gender, disability or other identities. Everyone in Santa Monica must have an opportunity to thrive.
Sustainable & Connected Community: Ensure that City policies and programs enhance our resources, prevent and remedy harm to the natural environment and human health, and benefit the social and economic wellbeing of the community for the sake of current and future generations.
The priorities are reflected in the policy positions outlined below for the City to engage in federal legislative and regulatory initiatives and resource opportunities (e.g., grants, authorizations and appropriations) that support key projects and programs.
ADDRESSING HOMELESSNESS
Homelessness
• Support legislation and secure federal resources, either directly or in partnership with other entities, that address and prevent homelessness with innovative strategies that maintain and expand the inventory of affordable housing and permanent supportive housing; protect low-income renters from discrimination and eviction; promote income stability; provide direct services and housing to people who are homeless or at high risk of homelessness; remove barriers to and expand availability of mental health and substance use disorder treatment; improve service coordination; support alternatives to incarceration; and expands and maintains availability of basic needs for food, hygiene and safety with emphasis placed on highly vulnerable populations including persons living with a mental health diagnosis, persons with a substance use disorder, veterans, older adults and people with disabilities.
• Support legislation that allows for data sharing between municipalities and treatment providers.
ATTACHMENT B 11.A.b
Packet Pg. 989 Attachment: 2023-25 Federal Legislative Platform DRAFT for City Council [Revision 2] (5649 : Approve Legislative Platform) Federal Legislative Platform - Santa Monica, CA 2023-2025 2 • Support legislation that safeguards against the criminalization of homelessness.
Health
• Support legislation and secure federal resources that support mental health care (e.g., access to psychiatric facilities, behavioral health care treatment, and mobile and street-based services). • Support legislation that expands the definition of “gravely disabled” and allows for additional flexibility in conservatorship as a tool in mental health care treatment. • Secure federal resources for education and training of paramedics and other emergency medical service personnel in their ability to be responsive to those homeless individuals living in our community.
• Support legislation to reform mental health and substance use disorder treatment access, including legislation that destigmatizes and normalizes behavioral health as part of primary health care to be covered by public and private health plans.
Housing/Tenant Protection
• Support legislation and secure resources that provide for the creation of safe, decent and affordable housing to meet the City’s diverse needs and contribute to the well-being of all residents. This includes individuals who have housing vouchers that cannot find eligible housing. • Secure federal resources for HUD-funded affordable housing programs (e.g., HOME, Section 8). • Support legislation and secure federal resources to address housing opportunities combined with effective supportive services, including health care services, such as the permanent supportive housing model.
• Seek a legislative solution to Section 8 payments standard issue.
CLEAN AND SAFE SANTA MONICA
• Support legislation and secure federal resources that enhance law enforcement and emergency services to maintain a safe environment and quality of life for City residents and visitors. • Secure federal resources for City personnel to keep community surroundings clean from litter, graffiti, and debris.
• Seek full funding for federal programs that are critical to the City’s police and fire departments, including the Local Law Enforcement Block Grant, the Community Oriented Policing Services (COPS) Grant, the Byrne/Justice Assistance Grants (JAG), and the Urban Area Security Initiative (UASI). • Secure federal resources to support the Santa Monica Police Department’s equipment needs (i.e., tablets, in-car camera system, mobile command center equipment, forensic equipment, records management, and data tracking systems).
• Secure federal resources to provide mental health training for public safety officers and first responders and to hire mental health professionals to support local law enforcement activities in the community.
• Secure federal resources to support fire and paramedic services, fire prevention, urban search and rescue, and hazardous material response.
• Secure federal resources for implicit bias and cultural training for sworn and non-sworn personnel. • Support legislation and federal resources that promote the safety and constitutional rights of our citizens and bring greater transparency and accountability to law enforcement. • Support common sense gun safety legislation including a ban on assault weapons, ghost guns and high-capacity magazines and a requirement for a federal background check before the purchase of a gun or high-capacity ammunition.
• Secure federal resources for mobile crisis intervention programs or other alternate dispatch strategies that provide response to mental health or addiction crises where public safety is not at risk.
11.A.b
Packet Pg. 990 Attachment: 2023-25 Federal Legislative Platform DRAFT for City Council [Revision 2] (5649 : Approve Legislative Platform) Federal Legislative Platform - Santa Monica, CA 2023-2025 3
CULTIVATE ECONOMIC RECOVERY & EXPAND COMMUNITY &
CULTURAL OFFERINGS
• Secure federal resources for transportation and water infrastructure, environmental remediation, energy efficiency and resiliency projects under the Infrastructure Investment and Jobs Act (IIJA) and the Inflation Reduction Act (IRA) programs.
• Support legislation that would provide federal resources to assist localities in high-speed broadband, and public space projects, and workforce development.
• Support legislation that provides flexible funding and specific set-asides for tourism and hospitality sectors, including businesses in these sectors and their workers. • Support legislation that creates opportunities for and invests in artists and other creative workers. • Support legislation/seek funding that supports working families with regards to securing affordable, high-quality childcare.
RACIAL JUSTICE, EQUITY & SOCIAL DIVERSITY
• Support legislation that assures everyone the right to equal treatment in all government-sponsored benefits or funded programs.
• Support legislation to protect the civil, fair housing, and equitable employment rights of all persons. • Support sustained investments in key HUD programs to address the underlying systemic shortage of rental homes affordable to low-income renters.
• Support legislation that promotes equal opportunity and treatment for people of all races and addresses systematic racism against African Americans.
• Support legislation to preserve and fortify the Deferred Action for Childhood Arrivals (DACA) program.
• Support legislation that calls for comprehensive immigration reform and border security that is thoughtful in manner and guided by our nation's principles of due process, human rights, accountability, and equal protection for all under the law. • Support legislation and resources for local governments to achieve equity and geographic balance when planning for resilience projects that will reduce impacts caused by climate change and natural hazards.
• Support legislation and resources to remove, retrofit or mitigate transportation infrastructure that creates barriers to community connectivity, including to mobility, access, or economic development. • Support legislation and resources for local governments to address the divide in access to affordable, high-speed, broadband internet to support residents and businesses.
SUSTAINABLE & CONNECTED COMMUNITY
• Support legislation and secure resources for the reduction of greenhouse gas emissions and protection and preservation of our environment.
• Secure federal resources to enhance the City’s continued investment in renewable energy, sustainable procurement, green buildings, green public transit and infrastructure, to meet the City’s climate goal of being carbon neutral by 2030.
• Support legislation and secure federal resources that allow for the creation of sustainable water and wastewater infrastructure that is more resilient with a smaller impact on the environment to reach the City’s water self-sufficiency goal.
• Support legislation and resources that assist local governments in developing and implementing energy efficiency and conservation strategies that maximize available resources, reduce costs, expand community access and protect public health.
11.A.b
Packet Pg. 991 Attachment: 2023-25 Federal Legislative Platform DRAFT for City Council [Revision 2] (5649 : Approve Legislative Platform) Federal Legislative Platform - Santa Monica, CA 2023-2025 4 • Support legislation that ensures local governments can continue, and not be preempted in, their efforts to achieve economic improvements through increased energy efficiency and conservation plans that seek to decrease carbon emissions.
• Support legislation that assists municipalities in their recycling and waste reduction efforts. • Support legislation that calls for building electrification. • Secure federal resources for alternative energy/solar plus storage for emergencies. • Support legislation that assists community resiliency efforts regarding climate change, sea level rise, biological and radiological events.
• Support federal incentives that assist local governments in developing and implementing transportation, land use and building policies that encourage maximum use of resources and lower energy consumption.
• Support legislation and resources focused on water and wastewater infrastructure – reuse, treatment, conservation and sustainability (i.e., Sustainable Water Supply Program) • Support legislation and secure resources to strengthen the City’s transportation services and enhance mobility alternatives for all residents and visitors, including vehicular, bus, rail, and non-motorized modes of travel (e.g., pedestrian, bicycle, scooter).
• Support continued funding for Federal Transit Administration’s Low or No Emission and Buses and Bus Facilities Grant Programs.
• Support continued funding of the Federal Highways Program especially the Surface Transportation Program and Highway Bridge Rehabilitation Program.
• Maintain federal resources secured for “Pier Bridge” project in preparation for Summer 2028 Olympics in Los Angeles.
• Secure federal resources including directed funding or grants for roadway maintenance. • Secure federal resources for ADA upgrades (accessible pathway) along the Pier. • Secure federal resources to support EV infrastructure (e.g., parking structures, charging stations) and incentivize property owners to install EV infrastructure in both single-family and multi-family dwellings.
• Secure federal resources to adapt infrastructure for Smart City needs (signaling system, parking system, data sensors, security cameras, autonomous vehicles).
For more information:
Charmayne Anderson
Partner
The Ferguson Group
(202) 261-6016
[email protected]
11.A.b
Packet Pg. 992 Attachment: 2023-25 Federal Legislative Platform DRAFT for City Council [Revision 2] (5649 : Approve Legislative Platform) City Council
Report
City Council Meeting: July 18, 2023
Agenda Item: 12.A
1 of 5
To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department, Revenue Subject: Public Hearing and Adoption of Resolution Approving the California Enterprise Development Authority (CEDA) to Issue Revenue Obligations for New Roads School
Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing under the requirements of the Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended;
2. Adopt a resolution approving the issuance of California Enterprise Development Authority Revenue Obligations (the “Obligations”) in an amount not-to-exceed $25,000,000 for the benefit of New Roads School, a California nonprofit public benefit corporation, or a related or successor entity (the “Borrower”); and
3. Adopt a finding of no possibility of significant impact pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines
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Summary
The California Enterprise Development Authority (CEDA), a joint powers authority established by the California Association for Local Development, of which the City is a member, proposes to issue revenue obligations (bonds) in an amount not-to-exceed $25,000,000 for the benefit of New Roads School (Borrower) located at 3131 Olympic Boulevard in Santa Monica. Under the requirements of the Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986 (Code), as amended, the City must hold a public hearing to approve issuance of the bonds by CEDA. Proceeds of the obligations will be used to:
(a) finance or refinance the cost of acquisition, construction, development, improvement, renovation, furnishing and equipping of the Borrower’s educational campus consisting of:
(i) an approximately 2.6 acre campus located at 3131 Olympic Boulevard, Santa Monica, California 90404, and
(ii) an approximately 9,700 square foot building located at 1836 Franklin Street, Santa Monica, California 90404 (collectively, the Facilities), and (b) pay certain costs of issuance in connection with such financing or refinancing.
The City Council previously approved issuance of these bonds on October 26, 2021 (Resolution Number 11382 City Council Series). However, the bonds were not issued within the period of time allowed in accordance with the Code. Therefore, a new approval is necessary to satisfy the requirements for the bonds to be issued as taxexempt.
This approval does not obligate the City financially in any way, but is the requirement imposed by the Federal government to verify that projects meet a legitimate public purpose in order to have the advantage of exemption from Federal taxes.
Discussion
The Borrower, New Roads School, was established in 1995 and currently serves over 520 students in grades K-12. The Borrower is a California nonprofit public benefit corporation and an organization described in Section 501(c)(3) of the Internal Revenue
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Code of 1986, as amended (the Code). The Borrower was established as a model for education in the ethnically, racially, culturally and socioeconomically diverse community of greater Los Angeles and operates in an approximately 73,150 square foot educational campus located at 3131 Olympic Boulevard, Santa Monica, California 90404. The Borrower regards education as an active and ongoing quest to develop the habits of mind, character, awareness and participation that will allow young people to thrive as they begin to take a larger role in making their communities and their world.
Approximately 30% of the Borrower’s tuition budget is dedicated to needs-based financial aid, enabling the Borrower to provide financial assistance to more than 50% of its families.
CEDA is a joint powers authority established by the California Association for Local Economic Development whose purpose is to issue tax-exempt and taxable conduit revenue bonds to fund commercial and industrial projects within member jurisdictions.
In order to satisfy the requirements for the obligations to be issued as tax-exempt, the City as a member of CEDA is required to conduct the TEFRA hearing and approve the issuance of the obligations in accordance with Section 147(f) of the IRS Code. The City Council previously approved issuance of these bonds on October 26, 2021 (Resolution Number 11382 City Council Series). However, the bonds were not issued within the period of time allowed in accordance with the Code. Therefore, a new approval is necessary to satisfy the requirements for the bonds to be issued as tax-exempt.
The Bonds to be issued by the CEDA on behalf of the Borrower will be the sole responsibility of the Borrower, and the City will have no financial, legal, or moral obligation, liability or responsibility for the repayment of the bonds. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.
As required by law, a public hearing notice was published in The Santa Monica Daily Press at least 7 days prior to the hearing date.
Past Council Actions
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Meeting Date Description
10/26/2021
(Attachment A)
The City Council previously approved issuance of these
bonds on October 26, 2021, per Resolution Number 11382
Environmental Review
Approval of the bonds is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. The approval of bonds is covered by the common sense exemption which states that CEQA does not apply “where it can be seen with certainty that there is no possibility that the activity in question may have a significant impact on the environment”.
Financial Impacts and Budget Actions
The issuance of the bonds will have no financial impact to the City. The Authority will act as issuer and perform all of the necessary legal and administrative responsibilities associated with the financing. The Obligations are special, limited obligations of the Authority payable solely through the repayment of the loans from the Authority which repayment is used to pay the principal of and interest on the Obligations. The Obligations issued by the Authority are not an obligation of the City or any member of the Authority. Neither the faith or credit, nor the taxing power of the City, any member of the Authority, the State or any political subdivision is pledged to the repayment of the Obligations.
Prepared By: David Carr, Assistant City Treasurer
Approved Forwarded to Council
Attachments:
A. Attachment A - New Roads School Santa Monica City Council Resolution 11382
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B. New Roads School Santa Monica City Council Resolution 070623 (001)
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4822-1978-1362.1
City Council Meeting: October 26, 2021 Santa Monica, California RESOLUTION NUMBER (CCS)
(City Council Series)
A RESOLUTION OF THE CITY OF SANTA MONICA CITY COUNCIL
APPROVING THE ISSUANCE BY THE CALIFORNIA ENTERPRISE DEVELOPMENT
AUTHORITY OF ITS REVENUE OBLIGATIONS FOR THE BENEFIT OF NEW ROADS
SCHOOL AND/OR A RELATED ENTITY IN AN AGGREGATE AMOUNT NOT TO EXCEED $25,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE
COST OF ACQUISITION, DEVELOPMENT, CONSTRUCTION, INSTALLATION,
EQUIPPING AND FURNISHING OF CERTAIN FACILITIES, AND OTHER MATTERS
RELATING THERETO
WHEREAS, New Roads School, a nonprofit public benefit corporation (the “Borrower”), duly organized and existing under the laws of the State of California (the “State”), has requested that the California Enterprise Development Authority (the “Authority”) issue, from time to time, pursuant to a plan of finance, its tax-exempt and/or taxable revenue obligations in an aggregate principal amount not to exceed $25,000,000 (the “Obligations”) for the benefit of the Borrower, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State (commencing with Section 6500) (the “Act”) to (a) finance or refinance the cost of acquisition, construction, development, improvement, renovation, furnishing and equipping of the Borrower’s educational campus consisting of (i) an approximately 2.6 acre campus located at 3131 Olympic Boulevard, Santa Monica, California 90404 and bordered by Olympic Boulevard to the south, Nebraska Avenue to the north, Franklin Street to the east and Berkeley Street to the west,
12.A.a
Packet Pg. 998 Attachment: Attachment A - New Roads School Santa Monica City Council Resolution 11382 [Revision 1] (5836 : Public Hearing and Resolution 2 4822-1978-1362.1
including approximately 73,150 square feet of improvements including classrooms, a theater, science labs, offices, outdoor play and sports areas, parking, and related and ancillary facilities, and (ii) an approximately 9,700 square foot building located at 1836 Franklin Street, Santa Monica, California 90404 (collectively, the “Facilities”), and (b) pay certain costs of issuance in connection with such financing or refinancing; and WHEREAS, the Borrower is an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”) and will own and operate the Facilities in connection with its philosophy of providing an inspired college preparatory program for students in grades K-12 where an authentically diverse student population develops personal dedication to learning, a respect to independent thinking and an expanding curiosity about the world and its people; and WHEREAS, the issuance of the Obligations must be approved by the governmental unit on behalf of which the Obligations are issued and a governmental unit having jurisdiction over the territorial limits in which the Facilities are located pursuant to the public approval requirement of Section 147(f) of the Code; and WHEREAS, the Facilities are located within the territorial limits of the City of Santa Monica (the “City”), and the City Council (the “City Council”) is the elected legislative body of the City and is the “applicable elected representative” required to approve the issuance of the Obligations under Section 147(f) of the Code; and WHEREAS, the Authority and the Borrower have requested that the City Council approve the issuance of the Obligations and the financing or refinancing of the Facilities with the proceeds of the Obligations solely for purposes of complying with Section 147(f)
12.A.a
Packet Pg. 999 Attachment: Attachment A - New Roads School Santa Monica City Council Resolution 11382 [Revision 1] (5836 : Public Hearing and Resolution 3 4822-1978-1362.1
of the Code; and
WHEREAS, a public hearing was held by the City Council on October 26, 2021, at the meeting which commenced at the hour of 5:30 p.m., City Hall Council Chamber, 1685 Main Street, Santa Monica, California, following a duly published notice thereof in a newspaper of general circulation in the City of Santa Monica, and all persons desiring to be heard have been heard; and
WHEREAS, it is intended that this Resolution shall comply with the public approval requirements of Section 147(f) of the Code; provided, however, that this Resolution is neither intended to nor shall it constitute an approval by the City Council of the Facilities for any other purpose, including, but not limited to, compliance with the California Environmental Quality Act (California Public Resources Code, Section 21100, et seq.) (“CEQA”);
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Santa Monica, State of California as follows:
Section 1. The City Council hereby finds and determines that all of the recitals are true and correct. The City Council, as the “applicable elected representative” of the governmental unit on behalf of which the Obligations will be issued and having jurisdiction over the area in which the Facilities are located, hereby approves the issuance, from time to time, pursuant to a plan of finance, of the Obligations by the Authority, which Obligations may be tax-exempt and/or taxable as approved by the Authority in its resolution, in an amount not to exceed $25,000,000 to finance or refinance the costs of the Facilities. This resolution shall constitute approval of the issuance of the Obligations
12.A.a
Packet Pg. 1000 Attachment: Attachment A - New Roads School Santa Monica City Council Resolution 11382 [Revision 1] (5836 : Public Hearing and Resolution 4 4822-1978-1362.1
within the meaning of Section 147(f) of the Code and shall constitute the approval of the issuance of the Obligations within the meaning of the Act; provided, however, that this Resolution shall not constitute an approval by the City Council of the Facilities for any other purposes, including compliance thereof with CEQA, nor does it constitute an approval of the underlying credit or financial structure of the Obligations. The City Council shall not bear any responsibility for the issuance of the Obligations, the tax-exempt status of the Obligations, the repayment of the Obligations or any other matter related to the Obligations.
Section 2. All actions heretofore taken by the officers, employees and agents of the City with respect to the approval of the issuance of the Obligations are hereby approved, confirmed and ratified, and the officers and employees of the City and their authorized deputies and agents are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all certificates and documents which they or bond counsel may deem necessary or advisable in order to consummate the issuance of the Obligations and otherwise to effectuate the purposes of this Resolution.
Section 3. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing for the Facilities; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, rehabilitation or operation of the Facilities; or (iii) make any contribution or advance any funds whatsoever to the Authority.
12.A.a
Packet Pg. 1001 Attachment: Attachment A - New Roads School Santa Monica City Council Resolution 11382 [Revision 1] (5836 : Public Hearing and Resolution 5 4822-1978-1362.1
Section 4. This Resolution shall take effect from and after its adoption.
APPROVED AS TO FORM:
Joseph Lawrence
INTERIM CITY ATTORNEY
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Monica held on this October 26, 2021, by the following vote:
Sue Himmelrich, Mayor
of the City of Santa Monica
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. _____ (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 26th day of October, 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attest:
Denise Anderson-Warren
City Clerk
12.A.a
Packet Pg. 1002 Attachment: Attachment A - New Roads School Santa Monica City Council Resolution 11382 [Revision 1] (5836 : Public Hearing and Resolution Adopted and approved this 26th day of October 2021.
__________________________
Sue Himmelrich, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 26th day of October 2021, by the following vote:
AYES: Councilmembers Brock, Davis, Ge la Torre, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: &RXQFLOPHPEHU1HJUHWH
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
12.A.a
Packet Pg. 1003 Attachment: Attachment A - New Roads School Santa Monica City Council Resolution 11382 [Revision 1] (5836 : Public Hearing and Resolution Attachment A
City Council Meeting: July 18, 2023 Santa Monica, California RESOLUTION NUMBER _______ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY OF SANTA MONICA CITY COUNCIL APPROVING
THE ISSUANCE BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
OF ITS REVENUE OBLIGATIONS FOR THE BENEFIT OF NEW ROADS SCHOOL
AND/OR A RELATED ENTITY IN AN AGGREGATE AMOUNT NOT TO EXCEED $25,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE COST OF
ACQUISITION, DEVELOPMENT, CONSTRUCTION, INSTALLATION, EQUIPPING
AND FURNISHING OF CERTAIN FACILITIES, AND OTHER MATTERS RELATING
THERETO
WHEREAS, New Roads School, a nonprofit public benefit corporation (the “Borrower”), duly organized and existing under the laws of the State of California (the “State”), has requested that the California Enterprise Development Authority (the “Authority”) issue, from time to time, pursuant to a plan of finance, its tax-exempt and/or taxable revenue obligations in an aggregate principal amount not to exceed $25,000,000 (the “Obligations”) for the benefit of the Borrower, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State (commencing with Section 6500) (the “Act”) to (a) finance or refinance the cost of acquisition, construction, development, improvement, renovation, furnishing and equipping of the Borrower’s educational campus consisting of (i) an approximately 2.6 acre campus located at 3131 Olympic Boulevard, Santa Monica, California 90404 and bordered by Olympic Boulevard to the south, Nebraska Avenue to the north, Franklin Street to the east and Berkeley Street to the west, including approximately 73,150 square feet of improvements including classrooms, a theater, science labs, offices, outdoor play and sports areas, parking, and related and ancillary facilities, and (ii) an approximately 9,700 square foot building located at 1836
12.A.b
Packet Pg. 1004 Attachment: New Roads School Santa Monica City Council Resolution 070623 (001) [Revision 2] (5836 : Public Hearing and Resolution 2 Franklin Street, Santa Monica, California 90404 (collectively, the “Facilities”), and (b) pay certain costs of issuance in connection with such financing or refinancing; and WHEREAS, the Borrower is an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”) and will own and operate the Facilities in connection with its philosophy of providing an inspired college preparatory program for students in grades K-12 where an authentically diverse student population develops personal dedication to learning, a respect to independent thinking and an expanding curiosity about the world and its people; and WHEREAS, the issuance of the Obligations must be approved by the governmental unit on behalf of which the Obligations are issued and a governmental unit having jurisdiction over the territorial limits in which the Facilities are located pursuant to the public approval requirement of Section 147(f) of the Code; and WHEREAS, the Facilities are located within the territorial limits of the City of Santa Monica (the “City”), and the City Council (the “City Council”) is the elected legislative body of the City and is the “applicable elected representative” required to approve the issuance of the Obligations under Section 147(f) of the Code; and WHEREAS, the City originally approved issuance of such bonds at a public hearing held by the City Council on October 26, 2021, and WHEREAS, the bonds were not issued within the time period after approval specified under Section 147 of the Code, and
12.A.b
Packet Pg. 1005 Attachment: New Roads School Santa Monica City Council Resolution 070623 (001) [Revision 2] (5836 : Public Hearing and Resolution 3 WHEREAS, the Authority and the Borrower have requested that the City Council again approve the issuance of the Obligations and the financing or refinancing of the Facilities with the proceeds of the Obligations solely for purposes of complying with Section 147(f) of the Code; and
WHEREAS, a public hearing was held by the City Council on July 18, 2023, at the meeting which commenced at the hour of 5:30 p.m., City Hall Council Chamber, 1685 Main Street, Santa Monica, California, following a duly published notice thereof in a newspaper of general circulation in the City of Santa Monica, and all persons desiring to be heard have been heard; and
WHEREAS, it is intended that this Resolution shall comply with the public approval requirements of Section 147(f) of the Code; provided, however, that this Resolution is neither intended to nor shall it constitute an approval by the City Council of the Facilities for any other purpose, including, but not limited to, compliance with the California Environmental Quality Act (California Public Resources Code, Section 21100, et seq.) (“CEQA”);
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Santa Monica, State of California as follows:
SECTION 1. The City Council hereby finds and determines that all of the recitals are true and correct. The City Council, as the “applicable elected representative” of the governmental unit on behalf of which the Obligations will be issued and having jurisdiction over the area in which the Facilities are located, hereby approves the issuance, from time to time, pursuant to a plan of finance, of the Obligations by the Authority, which Obligations may be tax-exempt and/or taxable as approved by the Authority in its
12.A.b
Packet Pg. 1006 Attachment: New Roads School Santa Monica City Council Resolution 070623 (001) [Revision 2] (5836 : Public Hearing and Resolution 4 resolution, in an amount not to exceed $25,000,000 to finance or refinance the costs of the Facilities. This resolution shall constitute approval of the issuance of the Obligations within the meaning of Section 147(f) of the Code and shall constitute the approval of the issuance of the Obligations within the meaning of the Act; provided, however, that this Resolution shall not constitute an approval by the City Council of the Facilities for any other purposes, including compliance thereof with CEQA, nor does it constitute an approval of the underlying credit or financial structure of the Obligations. The City Council shall not bear any responsibility for the issuance of the Obligations, the tax-exempt status of the Obligations, the repayment of the Obligations or any other matter related to the Obligations.
SECTION 2. All actions heretofore taken by the officers, employees and agents of the City with respect to the approval of the issuance of the Obligations are hereby approved, confirmed and ratified, and the officers and employees of the City and their authorized deputies and agents are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all certificates and documents which they or bond counsel may deem necessary or advisable in order to consummate the issuance of the Obligations and otherwise to effectuate the purposes of this Resolution.
SECTION 3. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing for the Facilities; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, rehabilitation or operation
12.A.b
Packet Pg. 1007 Attachment: New Roads School Santa Monica City Council Resolution 070623 (001) [Revision 2] (5836 : Public Hearing and Resolution 5 of the Facilities; or (iii) make any contribution or advance any funds whatsoever to the Authority.
SECTION 4. This Resolution shall take effect from and after its adoption.
APPROVED AS TO FORM:
Douglas Sloan, City Attorney
12.A.b
Packet Pg. 1008 Attachment: New Roads School Santa Monica City Council Resolution 070623 (001) [Revision 2] (5836 : Public Hearing and Resolution City Council
Report
City Council Meeting: July 18, 2023
Agenda Item: 16.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Appointment to two annual Councilmember vacancies on the Audit Subcommittee for a term ending June 30, 2027.
Prepared By: Xavier Mota, Staff Assistant III
Approved Forwarded to Council
16.A
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City Council
Report
City Council Meeting: July 18, 2023
Agenda Item: 16.B
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Councilmember Zwick, Mayor Davis, and Councilmember Torosis that the City Council direct the City Manager to present to council on an electric bike point-of-sale subsidy program for low- and moderate-income Santa Monica residents utilizing anticipated funding from the Department of Energy’s Energy Efficiency and Conservation Block Grant program (EECBG).
The presentation should include staff recommendations for income qualification thresholds, level of subsidy, and total number of vouchers offered, as well as a timeline for implementation.
Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
16.B
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