Written Comments — Santa Monica City Council, July 25, 2023

From: Gabriela Flores <[email protected]>
Sent: Thursday, July 13, 2023 12:48 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

EXTERNAL
Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. --
Kind Regards,
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
-----Original Message-----
From: Linn Wile <[email protected]>
Sent: Thursday, July 13, 2023 9:17 AM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council mee�ng so these services can be implemented.

Thank you.

Linn Wile
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Reid Gratsch <[email protected]>
Sent: Thursday, July 13, 2023 9:06 AM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented.

Thank you.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Hudson Maudlin <[email protected]>
Sent: Thursday, July 13, 2023 8:54 AM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented.

Thank you.
-Hudson Maudlin
Sent from Mail for Windows
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Mike Russell <[email protected]>
Sent: Thursday, July 13, 2023 8:48 AM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented.

Thank you.

Mike
Sent from Mail for Windows
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Greg Seares <[email protected]>
Sent: Thursday, July 13, 2023 5:40 AM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented.

Thank you
Greg Seares
Co-Owner
Bodega Wine Bar
814 Broadway
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Getz, Donna (Avison Young - US) <[email protected]> Sent: Wednesday, July 12, 2023 9:06 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented.

Thank you.

Get Outlook for iOS
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
-----Original Message-----
From: Kenzaburo Amanno <[email protected]>
Sent: Wednesday, July 12, 2023 8:59 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council mee�ng so these services can be implemented.

Thank you.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Mark Schurgin <[email protected]>
Sent: Wednesday, July 12, 2023 7:08 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented.

Thank you.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
-----Original Message-----
From: Samantha Getz <[email protected]>
Sent: Wednesday, July 12, 2023 6:24 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council mee�ng so these services can be implemented.

Thank you.

Samantha Getz
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Adam Mintz <[email protected]>
Sent: Wednesday, July 12, 2023 6:11 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented.

Thank you,
Adam M.

Get Outlook for iOS
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Behrouz Soroudi <[email protected]>
Sent: Wednesday, July 12, 2023 6:04 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented.

Thank you.

Behrouz Soroudi
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: dimitri fremont <[email protected]>
Sent: Wednesday, July 12, 2023 5:28 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Robin Bhalla <[email protected]>
Sent: Wednesday, July 12, 2023 4:23 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented.

Thank you.

Robin Bhalla
Vice President, Portfolio Leasing
The Festival Companies
DRE: 01738149
310.665.9686
[email protected]
festivalcos.com

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Bodega Santa Monica <[email protected]> Sent: Wednesday, July 12, 2023 3:54 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented.

Thank you.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Jeff Fisher <[email protected]>
Sent: Wednesday, July 12, 2023 3:27 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented.

Thank you.

Respectfully,
Jeff Fisher
Blenders Eyewear
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
-----Original Message-----
From: ALAN MONT <[email protected]>
Sent: Wednesday, July 12, 2023 3:04 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council mee�ng so these services can be implemented.

Thank you.

Heather Mont/Resident
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
-----Original Message-----
From: ALAN MONT <[email protected]>
Sent: Wednesday, July 12, 2023 2:55 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council mee�ng so these services can be implemented.

Thank you.

Alan Mont/Resident
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Jason McEntee <[email protected]>
Sent: Wednesday, July 12, 2023 2:50 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

EXTERNAL
Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; ************
I am one of the owners of Bodega Wine Bar on Broadway just east of Lincoln. We badly NEED security in addition to the Police to help with the growing number of incidents occurring at our location.

Especially now with the parklet, our staff, and customers outside are sitting ducks for abuse from bad actors.
************
I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department.

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented.

Thank you.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Jon Farzam <[email protected]>
Sent: Wednesday, July 12, 2023 2:49 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented.

Thank you.

Jon Farzam
Vice President
Shore Hotel, Ocean View Hotel, Santa Monica Motel
1447 Ocean Avenue, Santa Monica, CA 90401
p. 310.656.4530 | f. 310.458.0848
e. [email protected]
PURSUANT TO 18 UNITED STATES CODE SECTIONS 2510-2521 ELECTRONIC COMMUNICATIONS PRIVACY

ACT THIS TRANSMISSION CONTAINS INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE

HEREBY NOTIFIED THAT ANY DISCLOSURE, PHOTOCOPYING OR DISTRIBUTION OF THESE CONTENTS IS UNAUTHORIZED AND PROHIBITED BY LAW. IF YOU HAVE RECEIVED THIS IN ERROR, NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES THEREIN!
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Rob LeMoine <[email protected]>
Sent: Wednesday, July 12, 2023 2:43 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa MonicaEXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department.

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented.

Thank you.

Rob LeMoine
310.665.9605 Direct
310.968.3636 Mobile
[email protected]
www.Festivalcos.com
13274 Fiji Way, Suite 200, Marina Del Rey Ca 90292
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Eli Mahl <[email protected]>
Sent: Wednesday, July 12, 2023 2:41 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented.

Thank you.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Gail Enderwood <[email protected]>
Sent: Wednesday, July 12, 2023 2:41 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented.

Thank you.

Sent from Mail for Windows
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Michelle Schurgin <[email protected]> Sent: Wednesday, July 12, 2023 2:37 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented.

Thank you.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: AJ Sacher <[email protected]>
Sent: Wednesday, July 12, 2023 2:19 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

EXTERNAL
Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; We support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department.

We are halfway through our summer months and tourism has not come back, revenue is way below prepandemic levels, and both out-of-town visitors and local residents still have an unfavorable view of the Downtown area due to crime and blight. The proposed budget is a necessary step in the process of cleaning up the neighborhood, following strategies that have shown success in neighboring cities.

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented.

Thank you.

AJ Sacher
Barney's Beanery
This message is for the designated recipient only and may contain privileged, proprietary, or otherwise private information. If you have received it in error, please notify the sender immediately and delete the original. Any other use of the email by you is prohibited.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Bruce Stevens <[email protected]>
Sent: Wednesday, July 12, 2023 1:54 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented.

Thank you.

Sent from Mail for Windows
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
-----Original Message-----
From: Jonathan Schurgin <JSchurgin@fes�valcos.com>
Sent: Wednesday, July 12, 2023 1:40 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council mee�ng so these services can be implemented.

Thank you.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: David Khedr <[email protected]>
Sent: Wednesday, July 12, 2023 1:36 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

EXTERNAL
Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; As a property owner on the Promenade and resident of Santa Monica, I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department.

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you.
.

David Khedr
Khedr Management Company
Property Management
1242 Third Street Promenade Suite # 206
Santa Monica, CA 90401
 (310) 394-6791
This e-mail message and any attachments are intended solely for the individual or entity to which it is addressed, and is confidential. If the reader of this message and any attachments is not the intended recipient, you are hereby notified that any examination, distribution, or copying of the material is strictly prohibited. If you received this message in error, please notify the sender promptly and delete this message and any attachments.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Amanda Greenbaum <[email protected]>
Sent: Wednesday, July 12, 2023 1:28 PM
To: councilmtgitems <[email protected]>
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented.

Thank you.

Amanda Greenbaum
Future Santa Monica Business Owner and new 2nd street Tenant ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Labays, Julien (MIR)
To: councilmtgitems
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica Date: Thursday, July 20, 2023 10:21:45 AM

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented.

Thank you.

Julien Labays

DIRECTOR OF HOTEL OPERATIONS
Fairmont Miramar Hotel & Bungalows
101 Wilshire Blvd
Santa Monica, CA 90401
T 310 899 4199
M 415 609 7816
[email protected]
Fairmont-Miramar.com
mh_email_sig_banner_spring_approved_300-014.19
Think before you print. Help reduce our environmental impact.

This e-mail, any attachments and the information contained therein ("this message") are confidential and intended solely for the use of the addressee(s). If you have received this message in error please send it back to the sender and delete it. Unauthorized publication, use, dissemination or disclosure of this message, either in whole or in part is strictly prohibited.

Ce message electronique ainsi que tous les fichiers joints et les informations contenus dans ce message (ci apres "le message"), sont confidentiels et destines exclusivement a l'usage de la personne a laquelle ils sont adresses. Si vous avez recu ce message par erreur, merci de le renvoyer a son emetteur et de le detruire. Toute diffusion, publication, totale ou partielle ou divulgation sous quelque forme que ce soit non expressement autorisees de ce message, sont interdites.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Jennifer Hover
To: councilmtgitems
Cc: David White; [email protected]; Misti Kerns; Evan Edwards Subject: Tuesday, July 25th City Council Meeting, Agenda Item 11: Downtown Santa Monica Date: Friday, July 21, 2023 12:42:27 PM
Attachments: EMP Support DTSM Private Security.pdf
SantaMonica_ExperienceManagementPlan_4.13.23_Pages[1].pdf

EXTERNAL
Good Afternoon,
I hope you are doing well.

Please find the attached documents in support of Agenda Item 11: Downtown Santa Monica from the Experience Management Plan Governance, Diversity of Experience and Safe and Clean Committees for the Tuesday, July 25th City Council Meeting.

If you have any questions, please let us know.

Thank you,
Jen Hover
Jennifer Hover (she/her)
Executive Assistant

SANTA MONICA TRAVEL & TOURISM
2427 Main Street, Santa Monica, CA 90405
E. [email protected] P. 310.319.6263
W. santamonica.com
Facebook \ Twitter \ Instagram \ LinkedIn \ Shopify \ Pinterest ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
2427 Main St, Santa Monica, CA 90405
santamonica.com
310.319.6263
July 21, 2023
City Council
City of Santa Monica
City Hall Council Chambers
1685 Main Street, Room 250
Santa Monica, CA 90401
Re: Tuesday, July 25th City Council Meeting, Agenda Item 11: Downtown Santa Monica Mayor Davis and Members of the Santa Monica City Council, The Experience Management Plan (EMP) committees have been working over the past year to help shape the future of Santa Monica’s experience for residents, visitors, and businesses. The attached plan is a 10-year framework and process customized to the experience of all who live, work and play in Santa Monica with the intention of creating a thriving and welcoming community far into the future. As we continue our work together, many community members participated in focus groups and surveys across the board, the subject of safety was a universally expressed concern for Santa Monica.

The Safe and Clean and Diversity of Retail, Dining and Evening Experiences Committees of the EMP held a joint meeting on June 30th, 2023, at which time members voted to recommend support of the private security pilot program proposed by Downtown Santa Monica (DTSM), Inc. to the Governance Committee. The EMP Governance Committee subsequently voted to approve the recommendation of supporting the private security pilot program and thanking the board and staff at DTSM, Inc. for their community partnership during these demanding times.

DTSM, Inc. heard from property owners, businesses, residents, and visitors that more must be done to respond to concerns regarding public safety. EMP Committees are composed of representatives from the same constituencies who share the same concerns. The impact that public safety has on the visitor, resident, and business experience cannot be overstated. Covered 6, the proposed security company, has worked successfully in other cities including Beverly Hills and has a reputation for exceptional training standards and customer service. The Committees strongly felt that the program would enhance public safety by having private security safely intervene in situations and deter certain behaviors from occurring. By enabling private officers to respond to calls and working directly with our police department, the program will contribute to a swift and effective resolution of security concerns, further strengthening ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
2427 Main St, Santa Monica, CA 90405
santamonica.com
310.319.6263
community trust and peace of mind. The one-year pilot also provides sufficient time to evaluate the efficacy of the program. As many of the behaviors that create public safety issues stem from mental illness, we urge the City to couple the addition of private security with continued efforts at the County and State levels to identify solutions.

The EMP Governance, Clean and Safe, and Diversity of Experiences Committees urge the City Council to approve the one-year pilot program for private security support by Covered 6 to SMPD in our downtown area.

Sincerely,
Albin Gielicz, Chair - Governance Committee
Peter Trinh, Chair – Diversity of Experiences Committee Andrew Thomas, Chair – Safe and Clean Committee
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Experience Management Plan
A Framework for the Future
2022-2032
Santa Monica
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
2 Santa Monica | Experience Management Plan
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Wherever you go,
go with all your heart.”
— Confucius
“
“
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
March 2023
Dear Santa Monica Community Members,
On behalf of the City of Santa Monica and Santa Monica Travel & Tourism, we are pleased to share the updated Santa Monica Experience Management Plan (EMP), our shared roadmap for the long-term stewardship of our resident and visitor experience.

This inclusive and comprehensive Plan is the first of its kind for our community. It represents the hard work and careful deliberation of dozens of stakeholders from throughout our community, including residents, civic leaders, elected officials, non-profit organizations and tourism and hospitality professionals.

Some Background
In early March of 2020, the original Plan was completed and in the final stages of preparing for implementation and launching the full range of associated activities. These steps were thwarted when the COVID-19 pandemic took hold, at which point we needed to place the EMP on pause and instead focus on the more immediate priority of health and wellbeing of those in our community and stabilizing revenues including our local travel & tourism industry. In early 2022, we started the process of updating the EMP, working with many stakeholders across the Santa Monica Community, just as we had in the first version of the Plan’s development.

Looking Forward
With our Plan update now complete, we are ready—and excited—to begin the process of implementation, which will continue to unfold over the coming years through 2032. There is much to do as we lock arms and embark on this important journey together. The path forward will be shared by many as we embrace our collective role as stewards of our community with a sharp focus on protecting the unique quality of life that makes Santa Monica so special, honoring our local culture and heritage, and preserving our natural resources and environment.

We appreciate your ongoing commitment and engagement in this process and, of course, welcome your feedback. Your participation is both important and key to our shared success as a community.

With gratitude,
David White
City Manager
City of Santa Monica
Misti Kerns
President & Chief Executive Officer
Santa Monica Travel & Tourism
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
6 Santa Monica | Experience Management Plan
Planning Methodology
Phase One: Discovery
Phase Two: Plan Development
Key Trends
Demand Trends
Supply Trends
Santa Monica’s Strengths and Challenges
15 23
Executive Summary 09
16 23
20 28
31 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Table of Contents
Plan Implementation
The Collective Impact Framework
Plan Management Organization
Governance and Communication
Implementation Timeline
53 Alignment with the City of Santa Monica’s Priorities Acknowledgements
55 63
41 Experience Management Strategies
37 Our Vision for the Future
56 57
58 60
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 9
Executive Summary
With its beautiful coastline, walkable neighborhoods and multitude of activities, it’s not surprising to see Santa Monica touted as a top place to live, work and visit. Travel and tourism are integral contributors to creating and sustaining a vibrant Santa Monica experience for generations to come. Visitor spending directly supports many of the amenities our residents enjoy, such as a buzzing culinary scene and a rich diversity of exciting retail and entertainment options. As important, visitor spending also contributes needed funding for essential services, including investments in our community infrastructure, police and fire departments, as well as in our local schools.

Although the Santa Monica experience is coming back strong following the pandemic, its ongoing vibrancy is not something we can take for granted. To ensure the Santa Monica experience and its positive contributions to our community continue to be strong, Santa Monica Travel & Tourism (SMTT) and the City of Santa Monica collaborated with dozens of stakeholders, community organizations, local businesses and residents to create an Experience Management Plan.

What is an Experience Management Plan?
Our Experience Management Plan (EMP) provides a 10-year (2022-2032) framework and process that is deeply customized to the local context in Santa Monica with the intention of creating a future where community and environmental needs are considered with the same weight as economic benefits, resulting in a thriving and welcoming community far into the future.

Shaping the
Santa Monica
Experience
Quality of
Life in
Santa Monica
Growth in
Tax Base
Visitor
Spend
Things to
Do & See
Infrastructure
& Services
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
10 Santa Monica | Experience Management Plan
What principles helped to shape the Plan?
There are three foundational principles upon which the EMP was created. These principles will provide ongoing guidance as we work together to implement the Plan during the years ahead.

Focusing on Santa Monica’s quality
of life, culture & heritage, and
natural resources
Ensuring our decisions equitably
support the full diversity of the
Santa Monica community
Diversity, Equity,
Inclusion &
Accessibility
Promoting decisions and action
steps that support sustainable
practices
Sustainability
Who helped shape our Experience Management Plan?
The City of Santa Monica and SMTT engaged Coraggio Group, a travel and tourism strategic consultancy, to guide the creation of the Experience Management Plan in close collaboration with team members from SMTT, the City, local businesses, community and cultural organizations, residents and other key stakeholders. Over the course of nine meetings totaling nearly 40 hours of planning time, a combined contribution of more than 500 hours of individuals’ time was committed.

What did the process entail?
The two-phase process began in 2018 with a comprehensive discovery phase that identified the key opportunities and threats related to the Santa Monica Experience and the root causes behind them.

Stewardship
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 11
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
12 Santa Monica | Experience Management Plan
Phase One: Discovery
The Coraggio team and their partners at Sparkloft Media took three steps to determine the root issues: conducting secondary research of relevant visitor and destination trends, engaging in primary research of resident and visitor perception, and developing a comprehensive “current state” Situation Assessment Report that provided the basis for the planning work.

The Discovery process uncovered the following root causes tied to key opportunities and threats to the Santa Monica experience:

Increased cost of doing business
The cost of doing business in Santa Monica is increasing and is leading to a shift in the types of organizations that can afford to operate. Consequently, there is growing perception that Santa Monica’s business environment is becoming more homogenous, threatening the city’s unique vibe.

Desire for more authentic Santa Monica experiences
Residents, visitors and the media desire more uniquely-Santa-Monica attractions and authentic experiences to talk about and share.

Challenges to the perception of our hotel product
Positive perceptions of Santa Monica’s hotel product are at risk due to added costs, livability issues and the positive brand reputation of hotels in competitor destinations.

Local livability issues are impacting the Santa Monica brand Safety, cleanliness and the perception of homelessness issues threaten the overall visitor experience and the continued strength of the destination’s brand.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 13
Phase Two: Planning
The second phase of the process was the collaborative development of the Experience Management Plan. Over approximately 40 hours of planning during nine facilitated work sessions, the team considered the following topics:
• Vision for the Santa Monica Experience
• Current State of the Visitor Journey
• Service / Industry Map Design
• Preliminary Destination Strategies
• Strategy Evaluation
• Destination Strategies
• Implementation
Looking Ahead: Our Path Forward
The planning team identified nine key strategies that will preserve the best parts of the Santa Monica experience and work to enhance lesser-known experiences or create new ones that will ensure Santa Monica’s ongoing allure for generations to come.

1. Highlight and leverage cultural happenings

2. Foster memorable accommodation experiences

3. Promote a diversity of retail, dining and evening experiences

4. Support livability for the Santa Monica community

5. Enhance mobility for Santa Monica visitors, residents and workforce

6. Ensure Santa Monica is a safe and clean place to live and visit

7. Support and enhance Santa Monica’s most important assets

8. Facilitate the viability of small and unique businesses

9. Sustainably invest in making Santa Monica the greenest beach city in the U.S.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
14 Santa Monica | Experience Management Plan
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 15
Planning Methodology
Santa Monica Travel & Tourism and the City of Santa Monica guided the creation of the Santa Monica Experience Management Plan in close partnership with a diverse range of stakeholders from across the community. This section describes the methodology used in each phase of developing the Plan.

Phase One: Discovery
The purpose of the discovery phase was to develop a comprehensive understanding of Santa Monica’s “current state.” This phase culminated in the development of a Situation Assessment, which became the foundation for the development of the Experience Management Plan.

The development of the Situation Assessment included three key steps:

1. Conduct secondary research of relevant visitor and destination trends

2. Engage in primary research of resident and visitor perception

3. Synthesize data and draw insights
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
16 Santa Monica | Experience Management Plan
Secondary Research
Coraggio and their partners at Sparkloft Media took the following steps to complete the scan of existing relevant data and research:

1. Identify key visitor and destination trends that might influence visitor and resident perception of Santa Monica.

2. Collaborate with SMTT to identify key benchmark destinations as a backdrop for the study. The five destinations were determined to be:
• San Diego
• San Francisco
• Santa Barbara
• Seattle
• Palm Springs
These destinations were selected because they are in direct competition with Santa Monica for target visitor segments, or because they are West Coast cities that share similar challenges.

3. Analyze 7.8 million social media conversations to develop a preliminary understanding of resident and visitor sentiment with respect to three key topics:
• Experience: activities such as shopping, dining, attractions, cultural experiences and the beach; and accommodations, with an emphasis on hotels, rentals, short term rentals and real estate • Economy & Infrastructure: jobs; Silicon Beach; events, meetings and conferences; bike share; traffic and parking; accessibility; and crime, safety and homelessness • Health & Wellness: mental health, physical health and activity, public health, work/life balance, positive outlook and the Wellbeing Project

4. Synthesize all secondary research findings and social media analysis to refine trends and identify areas for further exploration in the primary research effort.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 17
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
18 Santa Monica | Experience Management Plan
Primary Research
The Coraggio and Sparkloft team implemented the following steps to complete the primary research on visitor and resident perceptions:

1. Collaborated with SMTT to finalize key audiences and determine how to best enlist each of them in contributing their perspectives to this work. The table below shows the tools used to engage each audience:

2. Conducted engagement activities with the support of SMTT and international partners.

Tool Residents Domestic
Visitors
International
Visitors
Social
Sentiment
Digital
Intercept
Surveys
Opt-In
Surveys
Focus
Groups
1:1
Interviews
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 19
Primary Research Overview
Coraggio and Sparkloft completed the engagement activities with the support of SMTT and international partners. In total, the activities resulted in the following engagement outcomes:

Social Sentiment
Sparkloft collected posts about or in six destinations between 1/1/2015 and 5/31/2018 from Facebook, Twitter, Instagram, Reddit, Google Plus, Tumblr, YouTube, forums, consumer reviews and blogs. The five competitor destinations were chosen for their combination of similar amenities, conditions and challenges. The volume of posts by destination was:
• Santa Monica: 7.8 million posts
• San Diego: 38.1 million posts
• San Francisco: 113.5 million posts
• Santa Barbara: 2.5 million posts
• Seattle: 37.6 million posts
• Palm Springs: 12.4 million posts
Surveys
Coraggio, Sparkloft and SMTT administered surveys online and in-person. These efforts yielded the following:
• 2,347 resident responses
• 349 domestic visitor responses
• 312 international visitor responses
Interviews
Coraggio conducted one-on-one interviews, which included:
• 35 resident community stakeholders
Focus Groups
Coraggio and SMTT’s international market partners facilitated eight focus groups to gather insights on the visitor experience and destination. These focus groups included:
• Six groups of travel agents from Santa Monica’s top international markets: France, United Kingdom, Brazil, India, Australia and Germany
• One group of select City of Santa Monica department heads • One group of Visit California leadership team members ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
20 Santa Monica | Experience Management Plan
Phase Two: Plan Development
The Experience Management Plan was developed through close collaboration with a broad partnership of individuals who care very much about their city.

Participants included representatives from SMTT, the City of Santa Monica, local businesses, community and cultural organizations and other key stakeholders who invested their time over the course of nine meetings totaling approximately 36 hours of planning work sessions.

This was a significant and appreciated contribution on the part of all who were involved. Please see Acknowledgements, page 63, for a detailed list of planning participants.

Planning was undertaken by two groups of representatives:
• Core Team
• Steering Committee
The Core Team was the decision-making body, which held ultimate responsibility for approving each element of the Plan. The Steering Committee acted as an advisory body that co-created and recommended content.

Meetings with these two bodies included:
• Six meetings with the Steering Committee to develop the Vision for the experience of Santa Monica as a destination and to identify specific strategies to create the bridge between today and that vision for the future. From there, the team worked together to refine the implementation framework. • Three meetings with the Core Team to refine and finalize the Vision and Experience Management Strategies.

Between meetings and at certain planning milestones, additional research and community engagement was conducted to test and validate various ideas.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 21
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
22 Santa Monica | Experience Management Plan
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 23
Key Trends
Macro Travel Trends: Economic, Visitor and Industry
This section of the Plan is organized in two categories:

Demand Trends: What general demand trends are relevant today and need to be considered as we advance the Santa Monica experience?
Supply Trends: Across the tourism industry, what key shifts are taking place within key facets of the Santa Monica experience, including accommodations, dining, retail, food and beverage, and attractions? Demand Trends
There are several macro-level trends we believe are important from a big picture standpoint. Throughout the implementation of the Experience Management Plan, we will continue to monitor these and other trends and will work in collaboration with the community when certain trends are considered to have a material impact on our strategies and courses of action.

Note: The following trend information was captured in October 2022.

Resurgence in Travel Spending, but Sustained Economic Headwinds Travel demand continued to rebound over the past summer after remaining below 2019 levels since the start of the coronavirus pandemic. Overall travel spending finally met or exceeded its 2019 levels for four consecutive months between April and July 2022, but then dipped below 2019 levels in August.1 As more Americans completed their initial post-pandemic trips and came to face a sustained period of economic uncertainty, all ages and income groups reported being less likely to plan to travel for leisure in the next six months in the second quarter of 2022 compared to the first.2 Demand for hotels, luxury hotels and short-term rentals have all declined over the course of the summer as well.3 Internet activity indicates a sustained decline in interest to travel; Simpleview and Tempest data found that while still above 2019 levels, organic web sessions on over 300 DMO and CVB websites declined substantially month-over-month over the course of the summer through August.4 1 https://www.ustravel.org/research/travel-recovery-insights-dashbo 2 Ibid.
3 Ibid.
4 Ibid.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
24 Santa Monica | Experience Management Plan
5 https://www.nytimes.com/interactive/2021/us/covid-cases.html 6 https://go.morningconsult.com/rs/850-TAA-511/images/220819_State-of-Travel-and-Hospitality.pdf 7 https://www.cdc.gov/media/releases/2022/s0901-covid-19-booster.html 8 https://www.reuters.com/business/healthcare-pharmaceuticals/us-fda-authorizes-updated-covid-booster-children-aged-5-11-2022-10-12/ 9 https://www.hospitalitynet.org/news/4112329.html
10 Ibid.
11 https://www.reuters.com/business/healthcare-pharmaceuticals/monkeypox-cases-around-world-2022-05-23/ 12 https://rightasrain.uwmedicine.org/well/prevention/monkeypox 13 https://www.bea.gov/data/gdp/gross-domestic-product
14 https://www.forbes.com/advisor/investing/are-we-in-a-recession/ Moving Past Coronavirus (COVID-19)
Stubborn Inflation and Longer-Term Price Impacts
Coronavirus (COVID-19) cases in the United States steadily declined from the second half of the summer into the fall, with the rolling seven-day average of new cases sitting above 100,000 during the entire month of July but continuing to remain below 70,000 for the second half of September.5 A larger proportion of travelers in summer 2022 booked trips four to six months in advance instead of one to three months ahead compared to the preceding months,6 indicating that uncertainty around future coronavirus case counts has decreasing impact on people’s decisions to travel. The CDC also recommended a new booster shot for the highly contagious BA.5 subvariant to adults and teens in September,7 and for children up to five years old in October.8 Once these shots become more universally available, newly boosted individuals may temporarily become more likely to travel.

Travelers’ interest levels in specific destination categories also signals a return to pre-pandemic preferences.

A July 2022 STR study found that even as travelers continue to demonstrate more interest in countryside and outdoor getaways compared to other types of vacations, overall net interest in this destination type has declined slightly from its peak in early 2021.9 On the other hand, interest in city visitation, which initially declined during the pandemic as population-dense environments deterred travelers, finally surpassed pre-pandemic levels in July 2022.10
Other infectious diseases have recently entered the news cycle. MPox (previously known as monkeypox) was declared a public health emergency by the Department of Health and Human Services on August 4, 2022,11 roughly two weeks after the World Health Organization did the same. As of this writing, MPox is unlikely to significantly impact demand for travel; while there are tens of thousands of cases in the U.S., the disease is far less likely to be transmitted in public than coronavirus (COVID-19).12 However, the recent increase in reporting on infectious diseases beyond the coronavirus, while imperative from a public health perspective, may impact visitor perception of the safety of travel.

Under one traditional definition, the two consecutive quarterly Gross Domestic Product contractions of 1.6% and 0.6% in Q1 and Q2, respectively,13 indicate that the U.S. is currently in a recession. Yet, economists at the National Bureau of Economic Research (NBER), who more open-endedly define a recession as a “significant decline in economic activity spread across the economy that lasts more than a few months,” hesitate to officially declare a recession.14 Recession or not, inflation remains high. While overall inflation decreased from its June and July figures of 9.1% and 8.5% respectively, it remained stubbornly high at 8.3% in August, surpassing market estimates of 8.1%. These figures prompted a 4% daily drop in the S&P 500 when published on September 13th, and another 0.75% increase in the federal funds rate with the goal of taming inflation. This will almost certainly reduce consumer spending, including on non-essential spending such as travel.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 25
15 https://go.morningconsult.com/rs/850-TAA-511/images/220819_State-of-Travel-and-Hospitality.pdf 16 https://www.ustravel.org/research/travel-recovery-insights-dashboard 17 https://travel.state.gov/content/travel/en/international-travel/before-you-go/covid-19_testing_required_US_Entry.html 18 https://go2.advertising.expedia.com/rs/185-EIA-216/images/Expedia_Group_Media_Solution_Q2_2022_Traveler_Insights_Report.pdf 19 https://go2.advertising.expedia.com/rs/185-EIA-216/images/Expedia_Group_Media_Solution_Q2_2022_Traveler_Insights_Report.pdf 20 https://globalnews.booking.com/download/1161485/booking.comsustainabletravelreport2022final.pdf 21 https://skift.com/2022/09/09/women-travelers-are-increasingly-making-political-choices-starting-with-hotels/ 22 https://www.euronews.com/travel/2022/06/29/inside-dubais-booming-food-scene Slow and Steady Return of International Travel
While U.S. respondents were slightly less likely in July to say they were comfortable with international travel than in June, this shift was likely due to continued economic anxiety. Throughout the first half of 2022, comfort with international travel steadily increased even as coronavirus (COVID-19) cases remained elevated above their current levels.15 Concurrently, overseas arrivals increased steadily from 65% below 2019 levels in January to 35% below 2019 levels in August.16 With the June repeal of the coronavirus testing requirement for inbound travelers to the U.S.,17 international arrivals will likely continue to steadily recover. Destinations will need a renewed focus on catering to international visitors as they make up an increasingly larger share of their visitor populations.

Continued Emphasis on Sustainable and Values-Driven Travel Travelers continue to care about their values when planning trips, and many place a premium on experiences that are not only accessible, but socially and environmentally responsible as well. A recent Expedia Group study found that 7 in 10 visitors would pay more for specific destinations and lodging, or transportation options that are more inclusive of all types of travelers.18 Travelers also increasingly care about social and environmental responsibility.

Nearly two thirds of consumers would choose a travel option that supports local cultures and communities, even if it was more expensive.19
Booking.com’s 2022 Sustainable Travel Report found that half of global travelers say climate change has influenced them to make more sustainable travel choices, and that 71% of travelers want to make more effort in the next year to travel sustainably, a 10% increase from 2021.20 If destinations fail to reflect the values of different visitor audiences, they may lose business with those segments.

A case in point is the U.S. Supreme Court’s overturning of Roe vs. Wade in June 2022, and the subsequent rush by some states to draft restrictive abortion laws. With 56% of U.S. leisure travelers identifying as women, boycotts of travel to those states will be more likely.21 Precedent suggests that the impact on tourism spending can be significant. In 2018, U.S. media outlets reported on a “Trump slump” for U.S. tourism estimated to cost the country $4 billion in lost spending and around 40,000 jobs.22 Tourism organizations should continue to track potential changes in visitor demand from this ruling and other politicized events.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
26 Santa Monica | Experience Management Plan
Continued Growth of Wellness Travel
While travel focused on health and personal well-being is not new, wellness travel remains a lucrative segment of the travel industry whose appeal continues to grow. While the U.S. tourism market overall is expected to grow at just under 5% annually,23 most estimates of the wellness tourism market’s growth are substantially higher, ranging from 7% to 10% or more.24 Wellness travel also tends to attract high-spend visitors. Domestic wellness visitors spend over 75% more than other domestic visitors,25 and 39% of high-income consumers have a luxury or wellness trip planned for the next year.26 However, not an activity only for the wealthy, the appeal of wellness travel continues to broaden as the country cares more about health and wellness generally. Over three quarters of respondents to a recent American Express survey reported not only that they are more focused on health and wellness goals than in prior years, but that they are willing to spend more on travel that increases their wellbeing.27 Importantly, different people define wellness differently; wellness activities can range from hiking and biking to yoga to spa days. Given the wider national focus on physical and mental health, destinations that offer a selection of wellness activities at a variety of price points stand to be the most competitive. 23 https://www.statista.com/outlook/mmo/travel-tourism/united-states#:~:text=Revenue%20in%20the%20Travel%20%26%20Tourism,US%24211.10bn%20 by%202026.
24 https://www.einnews.com/pr_news/592055056/wellness-tourism-market-size-industry-share-analysis-report-and-forecast-2022-27 25 https://www.forbes.com/sites/alexandrakirkman/2021/12/31/new-year-2022-travel-trends-the-rebound-of-wellness-tourism/?sh=57d3b5616f96 26 https://newsroom.accenture.com/news/consumers-see-health-and-well-being-as-essential-spend-category-accenture-survey-finds.htm 27 https://www.forbes.com/sites/alexandrakirkman/2021/12/31/new-year-2022-travel-trends-the-rebound-of-wellness-tourism/?sh=57d3b5616f96 28 https://www.bls.gov/news.release/empsit.htm
29 https://www.ustravel.org/research/travel-recovery-insights-dashboard 30 https://www.ustravel.org/sites/default/files/2022-09/leisure-hospitality-employment_september-update.pdf 31 https://www.bls.gov/news.release/empsit.htm
32 https://www.bls.gov/news.release/pdf/empsit.pdf
33 https://www.ustravel.org/sites/default/files/2022-09/leisure-hospitality-employment_september-update.pdf 34 https://www.ustravel.org/sites/default/files/2022-09/leisure-hospitality-employment_september-update.pdf Leisure and Hospitality Workforce Shortages Remain, but May Abate in the Coming Months
The past year’s strong job market remains a major reason for NBER’s continued hesitancy to declare a recession.

The U.S. added 585,000 jobs in July,28 and due to job seekers’ strong bargaining power, many industries still struggle to retain workers. The leisure and hospitality industry still faces some of the worst staffing shortages; nearly 1 in 12 leisure and hospitality positions remain unfilled, one of the greatest employment gaps in any industry, resulting in lower levels of service across the travel industry.29 As a result, industry wages have risen substantially; while overall private sector nominal wages rose 5% between August 2021 and August 2022, leisure and hospitality wages rose 9%.30
However, the U.S. labor market, particularly the leisure and hospitality labor market, may be beginning to cool.

The August new jobs figure of 315,00031 slightly missed expectations, and the unemployment rate ticked up from

3.5% to 3.7% in August.32 Additionally, the share of leisure and hospitality job openings out of total job postings has decreased in the last four months,33 suggesting that workers see these positions as comparatively more appealing relative to the overall job market than they did a few months ago. The job quits rate for leisure and hospitality has also declined relative to prior months.34 While the “Great Resignation” will remain a factor affecting service levels for some time, the leisure and hospitality industry may be starting to behave more similarly to the labor market as a whole.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 27
35 https://www.cnbc.com/2022/09/09/airlines-chaotic-summer-is-over-heres-how-it-went.html 36 https://go.morningconsult.com/rs/850-TAA-511/images/220819_State-of-Travel-and-Hospitality.pdf 37 https://thepointsguy.com/news/future-of-luxury-hotel-stays/ 38 https://www.ustravel.org/research/travel-recovery-insights-dashboard?check_logged_in=1 39 https://thepointsguy.com/news/future-of-luxury-hotel-stays/ 40 https://www.costar.com/article/862797832/higher-hotel-rates-sustainable-for-now-but-will-eventually-moderate 41 https://www.autoweek.com/news/industry-news/a40297985/rental-cars-summer-travel-season-problems/ 42 https://www.marketwatch.com/story/travel-prices-may-be-droppingis-now-the-time-to-book-a-trip-11663958070?mod=home-page 43 https://www.autoweek.com/news/industry-news/a40297985/rental-cars-summer-travel-season-problems/ Mistrust, Rather than Prices, Impacting Airline Volumes While consumers have cut back nonessential spending during this period of economic anxiety, another factor is driving reduced airline ticket sales despite declining ticket prices: reduced consumer trust in airlines. Cancellations and delays due to staffing shortages–to which airlines are particularly susceptible due to federally-mandated limits on pilot workdays–were substantially higher in most summer months this year than in 2019,35 causing a decrease in consumer trust toward many leading U.S. airlines.36 Unlike the wave of cancellations and delays in the winter, which consumers viewed as understandable and out of airlines’ control given high numbers of Omicron variant infections, this past summer’s staffing shortages were perceived as being the airlines’ fault. Airlines will need to win back the trust of consumers to regain their prior share of transportation traffic.

Price Increases at High-End Accommodations
While staffing shortages are forcing luxury hotels to increase their rates to maintain revenue at a lower occupancy, this may not impact the purchasing decisions of the typical high-end traveler. A lack of workers and a subsequent reduction in maximum occupancy rate has forced hotels to charge more to maintain profitability; luxury hotel rates are 25% more expensive today than in 2019.37 Revenue per available room (RevPAR) has also grown the most for resorts compared to all other accommodations since 2019.38 However, the consensus is that price increases have not meaningfully decreased demand for luxury accommodations, as luxury consumers are generally more time-poor than cash-poor. In fact, luxury hotel pricing growth had been slower than historical levels for the past decade.39 These price increases are less prominent among hotels as a whole; even though nominal ADR has been increasing rapidly, once inflation is accounted for, real ADR across the entire hotel industry is within 1% of pre-pandemic levels after remaining below them for over two years.40 Persistent Rental Car Shortage
Even as many of the supply-chain shortages of earlier this year have been mitigated, the rental car market remains substantially under-supplied. Faced with an unprecedented decline in travel at the start of the pandemic, rental car companies sold off large portions of their inventories–depreciating assets with little value in the near term–and struggled to replenish their inventories when demand rose again in 2021. A worldwide microchip shortage has limited automakers’ abilities to build new cars, causing them to prioritize higher-margin, more expensive vehicles rather than the lower-margin base models most likely to populate rental fleets,41 making the problem more acute among rental car companies than car dealerships as a whole. The shortage may be growing less acute, and prices have started to drop. The August Consumer Price Index for rental cars was 46% above its 2019 figure as opposed to 70% in April,42 suggesting that as fewer people travel via airplane, fewer rental cars may be needed. However, the underlying issues of low supply are likely to persist,43 leaving travelers vulnerable to volatile spikes in rental car prices as demand fluctuates. This trend, combined with consumer mistrust of airlines and tighter spending habits, suggests that a higher proportion of travelers in the near future will choose to use personal vehicles for transportation.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
28 Santa Monica | Experience Management Plan
44 https://www.travelpulse.com/news/destinations/california-budget-invests-in-restoring-tourism-economy.html Additional Funding to Restore California’s Tourism Economy In 2021, California received $95 million in state tourism marketing stimulus, which helped fund Visit California programs to grow visitor spending in California 46% from 2020 to 2021 as the state’s tourism economy recovered from the pandemic. This funding was supplemented by an additional $15 million in the state’s budget this year, which aims to bring California’s tourism economy back to pre-pandemic levels in 2023. The money will primarily fund marketing programs promoting family travel, professional meetings and travel to California’s urban hubs.

Initial projections estimate this spending will generate upwards of $4 billion in visitor spending in California businesses and create more than 35,000 travel and hospitality jobs.44 Supply Trends
As air travel sharply declined with many airports closed by governments to stop the spread of COVID-19 and airlines cutting capacity in response, Santa Monica was especially hard hit. Annually, 50%+ of our visitors arrive from outside of the United States. Sales inquiries declined, a wave of cancelations was issued, groups stopped traveling and Santa Monica tourism receipts plunged, impacting revenues and taxes city wide.

Jobs were lost and many hotels and businesses were closed, impacting our economy and our daily lives with many disruptions.

While tourism revenues are not expected to fully recover until late 2024, Santa Monica is on the road to recovery.

Domestic leisure travelers are driving demand, small groups have started to meet in person and international travel is recovering with re-opened borders and pent-up demand. We continue to experience consistent growth in occupancy to near—in some months exceeding—2019 numbers, with hotels posting record breaking rates over 2019.

With public health impacting indoor business, Santa Monica quickly implemented new ways for businesses to remain in operation, with fees to implement the program fully paid for by the City for multiple years, resulting in millions in community benefits. More than 240 businesses benefited from the free Santa Monica Outdoors Temporary Use Program, and a permanent program was approved in 2022. Through this new permanent program, 46 parklet permit applications have been received and 32 agreements have been executed, adding to 71 businesses that already participate in the permanent sidewalk dining program. The City also waived outdoor fitness permit fees during the pandemic to support 34 businesses/trainers and to increase access to health and wellness events in our parks citywide (up from 11 in 2019).

Despite a normalization in travel behaviors, there is limited post-pandemic data to illuminate the path forward.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 29
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
30 Santa Monica | Experience Management Plan
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 31
Santa Monica’s Strengths and Challenges
This section explores the Santa Monica visitor experience related to the following tourism-related facets:
• Accommodations
• Dining and Retail
• Attractions and Entertainment
• Supporting Infrastructure
• Tourism Management and Support
Santa Monica Accommodations Experience
Strengths Challenges
• COVID-19 continues to impact the destinationwide occupancy for Santa Monica. In 2021, performance was 57%, down from 88% in 2019.

The ADR in Santa Monica had risen to $376 in
2021.
• The summer of 2022 indicates a growth in
occupancy, closing the gap to an average of 10%
below 2019 occupancy. The ADR has continued to
rise by nearly 12%, on par with national trends.
• Accommodations are largely a positive driver of
perception for Santa Monica. Positive themes
include luxury, boutique and proximity to the
beach. Those who can afford Santa Monica’s
luxury accommodations are satisfied with their
experience.
• Several Santa Monica hotel properties are
currently reinvesting in both product and
experiences offered. A new hotel has been
approved on Ocean Ave.
• Would-be visitors regularly complain on
social channels about the lack of affordable
accommodation and the high price of existing
accommodations.
• Some local stakeholders expressed concern about
the supply of rooms. Occupancy rates are high and
the future supply may not be able to accommodate
future demand. This concern applies to both midand up-scale supply. • For those who can afford to stay in Santa Monica,
the issue is not price but value of the total
experience. International visitors complain about
the addition of resort and parking fees on top of
already high room rates.
• Potential 1% increase of Transient Occupancy Tax
(TOT).
• Homelessness and safety are top keywords in
social conversations about accommodations in
Santa Monica. This suggests that it is also harming
the perceived value of accommodations.
• Major hotel investments in neighboring areas are
competition for the luxury travel segment.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
32 Santa Monica | Experience Management Plan
The Santa Monica Dining and Retail Experience
Strengths Challenges
• Following outdoor activities, shopping is the
primary driver of the entertainment conversation in
Santa Monica. International visitors enjoy the mix
of well-known brands at Santa Monica Place and
local brands on side streets.
• Perceptions of Santa Monica restaurants are
positive and aligned with those of the competitive
set. Upscale dining dominates positive
conversations about Santa Monica restaurants,
which is not surprising given the affluence of the
visitor and resident populations.
• As a result of the pandemic, outdoor dining has
expanded significantly across the city, giving
residents and visitors a new option for their dining
experience.
• Outdoor dining options are considered a positive
draw for Santa Monica.
• Several new restaurants have opened.
• Social conversations show a strong link between
restaurants, entertainment and shopping in Santa
Monica. This suggests an opportunity for unique
collaborations that span multiple facets of the
visitor experience.
• Luxury is a positive differentiator for Santa Monica
when compared to its competitive set. This
suggests that, while Santa Monica focuses on
increasing dining diversity, it should not lose sight
of its fine dining advantage.
• The Promenade and Downtown Santa Monica’s
(DTSM) new initiatives could be a significant
catalyst for further strengthening the city’s dining
and retail experience.
• Santa Monica Place’s addition of the Cayton
Children’s Museum has provided an added draw
for residents and visitors. Another example is
Lulu’s restaurant.
• Santa Monica collaborated with Visit California
and more than a dozen other California destination
marketing organizations to bring back the
California edition of the Michelin Guide in 2022.

Santa Monica benefits from the global badge of
credibility that comes with the Michelin Guide
and research shows that “foodies” are among the
highest-spending travelers. Santa Monica boasts
two Michelin starred restaurants and over 17
Michelin recognized restaurants.
• Residents and visitors want greater culinary
diversity in terms of both food choice and price
point.
• The dispersed conversation topics about Santa
Monica’s restaurant scene indicate that it offers
many options, but lacks a signature experience,
event or restaurant. The meals or occasion (brunch
and happy hour) drive the conversation rather than
specific restaurants, dishes or events, all of which
are easier to own and defend by a destination.
• Competition from online shopping and investments
in other L.A. retail destinations have led to
increased vacancies throughout the city.
• The high and uncertain costs of running a business
in Santa Monica are driving local retailers out.
• A perceived lack of parking and difficulty getting
around are issues for both residents and visitors,
contributing to some negative sentiment in this
facet.
• Major investments in competing retail areas
outside Santa Monica, such as The Grove,
Westfield Century City and Beverly Hills, have
increased competition.
• Unanticipated increases in cost of goods and labor
shortages threaten the number of unique dining
options in Santa Monica.
• Unregulated vendors can create challenges and
communicating safety tips to the public needs
improvement.
• Outdoor dining experiences need to be expanded
further to meet potential demand.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 33
The Santa Monica Attractions and Entertainment Experience Strengths Challenges
• Historically, Santa Monica’s attractions are its
biggest draw, with 46% of visitors choosing Santa
Monica for the ability to walk to activities and 45%
choosing the city for its proximity to the beach.
• Entertainment is an anchor to the destination
experience perception. It accounts for a larger
volume of the social conversation than restaurants
in about-market conversations.
• Outdoor activities, which include the Santa Monica
Pier and beach, are the most important category
of attractions, driving the most social conversation
(46% overall). Conversations about Santa
Monica’s outdoor activities are more positive than
those of its competitive set.
• Health and wellness contribute to a positive visitor
and resident experience. Key positive themes in
this facet include yoga, fitness, meditation, farmers’
markets, spas and top hospitals.
• Wellbeing has earned Santa Monica positive
media mentions, suggesting an opportunity to
further leverage this messaging to drive the media
conversation.
• Public transportation and ease of walking to most
attractions in Santa Monica can enhance brand
strength.
• The number of social media posts that associate
Santa Monica’s outdoor assets and activities
with negative keywords and images related to
cleanliness, homelessness and safety is growing.

If SMTT and its partners do nothing to manage
conversations, Santa Monica, like its competitors,
could see negative keywords take over
conversations about outdoor assets and activities.
• The decline in the volume of conversation about
outdoor activities reinforces the need for more
authentic outdoor experiences.
• Members of all groups want more cultural
activities. Many suggested more events and
festivals that highlight what is truly unique about
Santa Monica. The significant rise in the number of
people sharing and asking about cultural activities
once in the community reinforces this point.
• There is a perception of limited parking and
significant congestion around key assets.
• Excluding outdoor activities, entertainment drives
a relatively small share of conversation about
Santa Monica, compared to destinations in the
competitive set. That the conversations about
entertainment are more positive suggest that
Santa Monica could further leverage this asset to
support its brand perception.
• The city’s nightlife and entertainment lack
breadth and depth. Conversations are limited and
concentrate on the perceived danger of being out
late and day-trippers’ difficulty getting home again.
• Safety perceptions and early closing of the Pier
could have a negative impact on the city’s quality
of life and visitor experience.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
34 Santa Monica | Experience Management Plan
Santa Monica Supporting Infrastructure Experience
Strengths Challenges
Transportation and Accessibility
• Santa Monica is a walkable destination, which
is a major driver of visitation.
• The Metro provides accessibility to other parts
of L.A.

Safety
• Among its competitive set, Santa Monica has a
lower share of negative conversations related
to cleanliness and safety.

Cleanliness
• Within the social conversation, hotels are a
positive driver of perceived cleanliness.

Services
• The City is investing in initiatives to address
the homelessness issue.
• The City is investing in the creation of a longterm Economic Sustainability Plan.

Public Facilities
• Some stakeholders report a deficit of public
restrooms across the city.

Transportation and Accessibility
• Transportation to/from Los Angeles International
Airport (LAX) can be an issue.
• Residents and stakeholders are frustrated by
congestion and a lack of parking, although these
factors are not barriers to visitation.
• The wayfinding to facilitate visitors walking outside of the core is insufficient.

Safety
• The number of police officers.
• Residents and stakeholders would like to see an
increase in safety personnel in highly populated
areas.
• While overall crime statistics are trending down,
the perception of safety challenges remain.

Cleanliness
• Water quality at the beach specifically related
to the Pier and homelessness drive negative
conversations about cleanliness.

Workforce Housing
• There is a deficit of workforce housing, which is a
particular challenge for labor-intensive businesses
in Santa Monica.

Services
• Homelessness is having a negative impact on the
perception of the destination, specifically in key
locations like the Pier, beach and boardwalk. It
is also the main driver of negative conversations
about safety in-market.
• It is costly and time-consuming to open a business.
• There is a lot of regulatory uncertainty about the
cost of doing business in Santa Monica.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 35
The Santa Monica Tourism Management and Support Experience Strengths Challenges
• SMTT, the City and its partners have a positive
reputation for stewardship of the destination.
• Elected officials value visitors’ contribution to the economy.
• Residents are more aware of the value tourism
brings to the City budget post pandemic.
• Resident perceptions of the need for tourism vary,
with the majority being apathetic and a minority
being opposed and misinformed.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
36 Santa Monica | Experience Management Plan
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 37
Our Vision for the Future
The vision for this Santa Monica Experience provides a north star for our Experience Management Plan over the 10-year planning timeframe. It describes the aspirational experience Santa Monica intends residents and visitors to have in 2032. The Steering Committee and Core Team worked collaboratively to create the vision from all phases of our stakeholder engagement and outreach efforts.

In 2032, Santa Monica will redefine the quintessential Southern California urban beach experience.

Future residents and visitors will appreciate Santa Monica as a community-minded retreat from the bustling Los Angeles metro—a place where everyone is welcome to recharge and reconnect with their family, friends and the outdoors. They will also find many new options for engaging and interacting with this wellness-focused city where diversity is embraced and where everyone can be their authentic self.

New technologies will enable visitors to seamlessly plan their trip and arrival into the destination. Artificial intelligence tools that learn the preferences of specific travelers will generate customized itineraries and reservations in advance of arrival. For visitors who travel through Los Angeles International Airport, an interactive Santa Monica welcome experience will greet them to expedite their orientation and facilitate their transport to the city. For the trip into Santa Monica, be it from the airport or another point of departure, all visitors will be greeted by a personalized tour guide that accompanies them on their transport of choice into the city, turning the last leg of their journey into an enriching experience that builds anticipation of the experience they will have in Santa Monica.

Even before arriving at their hotels, visitors will have access to a virtual check-in experience that will be confirmed by facial recognition at the door of the hotel, allow for customized arrival times and prorate room charges. The same systems that developed the visitors’ itineraries will ensure their rooms are pre-stocked with individualized amenities. Short-term rentals will likewise offer customized experiences that personalize the best Santa Monica has to offer, tailored for the specific needs and preferences of each traveler. Santa Monica’s accommodations will also showcase best-in-class sustainability programs and visitor education.

The beautiful beach will continue to be at the heart of the Santa Monica experience—clean, pristine and reflective of a deep commitment to preserving the area’s natural resources.

Unique dining, retail and outdoor activities will tempt residents and visitors to stop and explore as they make their way from the boardwalk down to a clean, safe and accessible waterfront. Once there, people can choose from a myriad of activities, from those available today such as surfing, swimming and volleyball, to new activities such as sustainably powered boat cruises.

Our Vision for Santa Monica: 2032
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
38 Santa Monica | Experience Management Plan
The fun won’t stop when the sun goes down. Be it live music or a quiet gathering with friends, the re-energized beach scene will entice residents and visitors to stay and enjoy the Santa Monica coast just a bit longer.

No trip to Santa Monica would be complete without exploring the iconic Santa Monica Pier. The Pier will represent a slice of classic Santa Monica life—showcasing local artisanal shops, restaurants and artists—and will serve as an incubator for local retail and dining businesses. Like the beach, the Pier will offer experiences for every resident and visitor from morning yoga to afternoon family activities to dinners at famed local restaurants and free live concerts at night.

In addition to its global reputation for its iconic beach and Pier, Santa Monica will have a reputation as a celebrated arts destination. Murals and outdoor art will continue to enrich the pedestrian experience throughout the city. Galleries will showcase established artists, while an open maker space environment will provide up-andcoming artists affordable space to showcase their work. Major world-class arts events will tempt travelers to visit time and again to view and buy works from national and international galleries and art dealers. Museums, both established and new, will draw and delight visitors with their connection to Santa Monica’s unique vibe. Hotel guests will also enjoy cultural experiences woven into their hotel stay with opportunities to meet artists, art-themed rooms, and classes on site.

As they explore this clean, sustainable, and safe city on foot, residents and visitors will take delight in the locally owned shops and restaurants around every corner. Maker spaces, pop-ups and public market concepts will offer artists, makers, restauranteurs and other local businesses affordable opportunities to do business in Santa Monica. Whether they seek a luxurious bespoke shopping experience followed by an intimate locally sourced dinner with a chef or a stroll through a public market to pick up a few small souvenirs and tasty treats, people will appreciate the community focus of Santa Monica’s thriving economy.

When the sun goes down, residents and visitors will stay in Santa Monica to enjoy the variety of nightlife options available. Not only will more restaurants and bars stay open into the later hours, but special offerings like park walks and night spas will appeal to those who delight in Santa Monica’s wellness focus. Special evening activities and attractions will activate public spaces to help create a cohesive community experience as people easily travel from one place to the next.

Residents and visitors will be able to navigate Santa Monica quickly and easily. Public and alternative transportation with dedicated rights-of-way will enable people to move across the city without a car, while an exceptional pedestrian environment will safely move visitors from one end of the city to the other by foot.

Connections to Los Angeles and other neighboring cities will likewise be seamless, enabling visitors to stay in Santa Monica longer than they currently do and more easily use it as a home base for enjoying regional attractions and amenities.

In 2032, tourism will still be a major part of Santa Monica’s economy with demand higher than ever thanks to the fantastic coverage of world class sporting events that have taken place in Los Angeles such as the World Cup and the Olympics, especially with the Olympic beach volleyball events being held in Santa Monica in 2028. At the same time, many of the tourism-related challenges of today will no longer exist.

Better wayfinding and transportation will ease congestion and diffuse visitors across the city, and the comingling of residents and visitors will continue to help create a community atmosphere. Even more of Santa Monica’s residents will embrace visitors to their city—not only because of the energy and diversity they bring, but also because of the contributions they make to Santa Monica’s economy and quality of life.

Whether you live, work or play in Santa Monica, the experience will truly “match the postcard.” ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 39
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
40 Santa Monica | Experience Management Plan
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 41
Experience Management Strategies
Experience Management Strategies describe actions that SMTT, the City and its partners will take to ensure the long-term vibrancy of Santa Monica as a place to live, work and visit. There are nine strategies total, each with corresponding courses of action and measures of success. Because this Plan is meant to be responsive to the reality of the operating environment, strategies, courses of action and measures of success may shift over time.

Strategies, Courses of Action and Measures of Success
Our courses of action were designed to support each of the three unifying principles that acted as the guardrails for our planning and decision making:

Stewardship — focusing on Santa Monica’s quality of life, culture and heritage, and natural resources
Sustainability — promoting decisions and action steps that support sustainable practices Diversity, Equity, Inclusion and Accessibility — ensuring our decisions equitably support the full diversity of the Santa Monica community
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
42 Santa Monica | Experience Management Plan
STRATEGY #1: Highlight and leverage cultural happenings In addition to our renowned beach experience and globally recognized Santa Monica Pier, our community offers residents and visitors alike an exciting range of cultural experiences around the city. We will collaborate with partners and businesses to ensure these unique happenings are brought to the forefront, giving greater depth and breadth to the Santa Monica experience, thus enhancing the value proposition for those who call our community home and those who choose our destination as a place to visit and enjoy.

Courses of Action
• Increased number of cultural and historical experiences available • Increased visitation at cultural experiences and events • Increased number of visitors citing culture as a driver of intent to visit • Positive resident sentiment
Curate DIY historical and cultural tours of Santa Monica Be proactive and responsive to innovation in the destination experience Reimagine transformational upgrades to the 3rd Street Promenade Support the Bergamot Station and Civic Auditorium redevelopment efforts Showcase Santa Monica’s unique history throughout the city Develop a Santa Monica Arts Month
Leverage the public art program to fund iconic art projects Promote local cultural opportunities (e.g., Mi’s Westside Comedy Theater) Measures of Success
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 43
STRATEGY #2: Foster memorable accommodations experiences that enhance the value proposition
Santa Monica’s accommodations are a strong driver of positive brand perception. However, accommodations of some competitor destinations performed better in the perception research. To maintain its edge, Santa Monica will need to continue to encourage the development of unique accommodations experiences, specifically those that leverage sustainability and/or technology to amplify the city’s reputation as Silicon Beach.

Courses of Action
• Increased favorable accommodations ratings
• Increased revenue per available room (RevPAR)
• Fiscal impacts of home share on existing accommodations and city revenue • Increased transit occupancy tax (TOT) revenue
Evaluate the fiscal impacts of home sharing on existing hotels and City revenue Encourage investment in unique accommodations and experiences Leverage technology to innovate the visitor experience
Promote and engage with programs that minimize the environmental impact of Santa Monica’s visitor-serving businesses and accommodations
Support the Ocean Avenue Project and related cultural amenities Measures of Success
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
44 Santa Monica | Experience Management Plan
STRATEGY #3: Promote a diversity of retail, dining and
evening experiences
Shopping and dining are top drivers of Santa Monica’s brand perception. Visitors appreciate the mix of wellknown, high-end brands at Santa Monica Place and local brands in the neighborhoods. Fine dining also dominates dining conversations. Both residents and visitors would like to see Santa Monica build on this strong foundation with a greater diversity of retail and dining experiences, particularly those that are open later into the evening.

Courses of Action
• Increased percentage of “legacy” restaurants that are locally/regionally owned • Increased number of evening entertainment options and venues • Increased activations of public spaces resulting from a supportive regulatory environment • Increase in permanent outdoor dining program locations Provide increased opportunities for expansion of permanent outdoor dining program Revisit regulations for indoor/outdoor evening entertainment venues Amplify efforts to create a permanent, year-round market geared toward makers and other small authentic vendors
Develop evening experiences that align with and amplify Santa Monica’s brand Collaborate with partners to activate public spaces, enhancing the overall destination experience
Measures of Success
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 45
STRATEGY #4: Support livability for the Santa Monica community For Santa Monica to remain a vibrant destination for visitors well into the future, it must first ensure a thriving community for its residents. Livability issues, including the high cost of living, insufficient access to support systems and services for those experiencing homelessness, and declining perceptions of safety and cleanliness threaten the health of the local community and require action.

Courses of Action
• Increased access to workforce and affordable housing
• Decreased percentage of people who work in Santa Monica and commute 45 minutes or more to work • Decreased number of unsheltered in the annual count in Santa Monica Further explore the creation of a nonprofit to facilitate innovative solutions to livability issues
Advocate for state legislative reform on livability issues of local importance Expand transition assistance programs and facilities
Enhance access to housing, services and behavioral healthcare Encourage increased housing and transportation affordability for Santa Monica residents and its workforce
Measures of Success
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
46 Santa Monica | Experience Management Plan
Create safe, connective and sustainable infrastructure for more accessible mobility for all Advocate for the expansion of reliable citywide high-speed Wi-Fi Invest in innovative, sustainable and experiential crosstown transit Explore participation in regional advocacy that supports a vibrant community-wide transportation system
STRATEGY #5: Enhance mobility for Santa Monica visitors, residents and workforce
Many visitors choose Santa Monica over destinations in the Los Angeles Metro area because of its walkability.

There are several opportunities to improve the connectivity of Santa Monica’s neighborhoods, thus ensuring that residents and visitors can navigate out of the center to experience all that Santa Monica has to offer. Ideally, these connectivity opportunities should serve as interesting experiences in-and-of-themselves.

Courses of Action
• Zero pedestrian fatalities
• Decreased demand for parking
• Increased pedestrian counts in target areas
• Increased placemaking score (Based on Project for Public Spaces framework) Measures of Success
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 47
Strategy #6: Ensure Santa Monica is a safe and clean place to live and visit Perceptions of safety and cleanliness in Santa Monica continue to decline. Although statistics show that Santa Monica is a clean and safe place to live, work and visit, negative perceptions should signal that proactive steps are needed to address concerns.

Courses of Action
• Increased positivity of social media perceptions of cleanliness and safety • Increased resident satisfaction with safety and cleanliness • Decreased number of complaints related to livability issues Expand de-escalation training to businesses and individuals to minimize conflict situations and reduce need for police intervention
Educate residents and visitors about responsible behavior and safety Explore innovative and sustainable models for improving the perceptions of Santa Monica as a well-maintained and safe destination
Develop an integrated Crisis Communications Plan across business, government and the larger community
Leverage technology for efficient safety monitoring, reporting and response time Measures of Success
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
48 Santa Monica | Experience Management Plan
STRATEGY #7: Support and enhance Santa Monica’s most
important assets
The Santa Monica beach and Pier are the largest drivers of positive brand perception; however, increasing perceptions that the Pier and beach are not always clean and safe and that they lack authentic, uniquely Santa Monica experiences, represent a threat to these important assets. Nurturing these assets to ensure they continue to attract visitors and provide a positive experience is a top priority.

Courses of Action
• Increased duration of visits to the beach and Pier
• Completion of the Pier Bridge by 2028
• Increased resident and visitor satisfaction with the beach and Pier experience • Increased sales tax receipts at businesses on the beach and Pier Expedite the development of the new Pier Bridge
Curate new beach and Pier experiences
Integrate sustainability into beach and Pier experiences Collaborate with other regional partners to create a positive identity for the region Be a leader and strong partner in protecting and safeguarding the well-being of our ocean Measures of Success
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 49
STRATEGY #8: Facilitate the viability of small and unique businesses Residents and visitors expressed their strong desire for more uniquely Santa Monica experiences. This requires a business environment that attracts and nurtures entrepreneurs and small businesses, enabling them to test new concepts and grow those that show promise. The Situation Assessment suggests that the primary barrier is the regulatory environment. Working closely with the City to identify effective solutions that help ease the way for new business ventures to get off the ground will be a productive step and go far in positioning Santa Monica as an attractive place to start a new business.

Courses of Action
• Increased number of new business permits
• Increased small business survivability rate
• Decreased time between lease signing and opening day
• Decreased retail vacancy rate
Investigate the feasibility of local management of film permits and incentives to allow for a more deliberate shaping of Santa Monica’s reputation in popular media Adopt regulations that provide support for local businesses, particularly those unique to Santa Monica, to thrive
Establish incentives for property owners and landowners that result in more affordable options for businesses
Collaborate with other regional partners to create a positive identity for the region Measures of Success
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
50 Santa Monica | Experience Management Plan
STRATEGY #9: Sustainably invest in making Santa Monica the greenest beach city in the U.S.

Santa Monica is a leader in sustainable practices and policymaking. Examples include green building technology, beach- and ocean-safe policies, electric or natural gas public transportation options, and many other hallmarks of an environment-friendly city. By leveraging our community's commitment to protecting and preserving our environment and natural resources, Santa Monica can become the greenest beach city in the U.S and become the standard by which others are measured.

Courses of Action
• Consistently achieve an A rating for water quality
• Fifty percent of Santa Monica hotels boasting LEED certification • More electric, hybrid and natural gas vehicles on the streets than gas only vehicles
• New businesses in Santa Monica adopting sustainable practices Launch electric vehicles on the beachfront
Update Master Sustainability Plan
Collaborate with local environmentally oriented non-profit organizations Measures of Success
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 51
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
52 Santa Monica | Experience Management Plan
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 53
Alignment with the City of
Santa Monica’s Priorities
The following table lists the Experience Management Plan strategies and indicates how they map to City priorities as of the fall of 2022.

The Experience Management Plan’s Alignment with the City of Santa Monica’s Priorities
City of Santa Monica Priorities
(As identified by City Council as part of the FY
21-23 budget)
Experience Management Plan
Strategies
A clean and safe community:

Create an atmosphere marked by clean and safe
public spaces and neighborhoods.
• Ensure Santa Monica is a clean and safe
place to live and visit
• Sustainably invest in making Santa Monica
the greenest beach city in the U.S.
• Promote and enhance Santa Monica’s most
important assets
Addressing homelessness:

Prevent housed Santa Monicans from becoming
homeless, address the behavioral health needs
of vulnerable individuals, advocate for regional
capacity to address homelessness, and maintain
access to safe, fun and healthy open spaces.
• Ensure Santa Monica is a clean and safe
place to live and visit
• Support livability for the Santa Monica
community
• Enhance mobility for Santa Monica visitors,
residents and workforce
An equitable and inclusive economic
recovery:

Cultivate equitable and inclusive economic
opportunity and recovery, including access for all
community members to educational, employment
and economic resources and opportunities, and
create a community where differences in life
outcomes cannot be predicted by race, class,
gender, disability or other identities.
• Facilitate the viability of small and unique
businesses
• Promote the diversity of retail, dining and
evening experiences
• Highlight and leverage cultural happenings
• Enhance mobility for Santa Monica visitors,
residents and workforce
• Foster memorable accommodation
experiences that enhance the value
proposition
• Promote and enhance Santa Monica’s most
important assets
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
54 Santa Monica | Experience Management Plan
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 55
Plan Implementation
Having a clear strategy for how the Experience Management Plan will be implemented is key to the Plan’s success. This section describes the framework that will help to focus the work over the 10-year planning horizon.

The Collective Impact Framework
We will utilize a Collective Impact Framework to guide the ongoing implementation of the Experience Management Plan. The Stanford Social Innovation Review describes a collective impact model as:

The commitment of a group of important [contributors] from different sectors to a common agenda for solving a specific social problem.

Collaboration is nothing new, but collective impact initiatives are distinctly different. Unlike most collaborations, collective impact initiatives involve a centralized infrastructure, a dedicated staff and a structured process that leads to a common agenda, shared measurement, continuous communication and mutually reinforcing activities among all participants.46
46 https://ssir.org/articles/entry/collective_impact
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
56 Santa Monica | Experience Management Plan
A Collective Impact Framework has five critical components. The graphic below identifies this system of components and is followed by descriptions of each component specific to the implementation of the Santa Monica Experience Management Plan.

Common Agenda
The Five
Conditions of
Collective
Success
Plan Management
Organization
Continuous
Communication
Mutually Reinforcing
Efforts
Shared Measures
of Success
Common Agenda
The participants in this Collective Impact approach to implementing the Experience Management Plan will work toward the same goal, fully embracing the Vision expressed for Santa Monica earlier in this document.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 57
Public Safety
Sustainability and
the Environment
City Commissions
Santa Monica Travel & Tourism
Cities Backbone Community
Planning and Community
Development
Cultural Affairs
with Community
and Cultural Services
Mobility
Homelessness Advocacy
Chamber of Commerce
Residents
Funders
Business Improvement
Districts
Restaurant, Hotel and
Tech Industry
Representatives
Real Estate
Higher Education
Measures of Success
Plan Management Organization
The Measures of Success for the Collective Impact Framework are the same as those indicated for each of the nine strategies described earlier in this document. As implementation of the Plan progresses, these Measures will be the indicators for whether specific Strategies are producing the desired impact, or whether course correction is necessary.

While it will be important to track these Measures every year, it will be especially important to measure progress in the years 2024 and 2027 when the Plan undergoes a thorough review and refresh to ensure its continued relevance.

Although a Collective Impact Framework, by definition, involves multiple collaborators over time, only one organization should take responsibility for management and oversight of the common agenda. This organization is called the Plan Management Organization. SMTT will fill this role as a neutral party, providing implementation management and oversight in close partnership with the Governance Committee.

The Governance Committee (see Governance & Communication, below) will include representatives from many organizations across the Santa Monica community.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
58 Santa Monica | Experience Management Plan
Governance and Communication
The Experience Management Plan Governance Committee should include representatives who can consistently reflect the following perspectives at a minimum:

Committee members may represent more than one of these perspectives. To the degree possible, the Committee should represent these interests with a group of individuals that is reflective of the diversity of Santa Monica’s residents and visitors.
• City of Santa Monica
• All Business Improvement Districts
• Chamber of Commerce
• Restaurants
• Hotels
• Tech Industry
• Homelessness Advocacy
• Various City Commissions
• Residents
• Funders
• Higher Education
• Real Estate
Communications Plan
SMTT and the Governance Committee will need a strong communications plan to ensure the Governance Committee, elected officials, key stakeholders and residents have the information they need to engage with and support implementation of the Plan over the course of the 10-year planning horizon.

The Governance Committee is the most important audience for the communications plan, as successful communication between SMTT as the Plan Management Organization and Committee members will be integral to successful implementation. The communications plan should include how often the Committee will meet, how progress will be monitored and reported, who will receive reports, and how contact and momentum will be maintained between meetings.

Strategy Committees
Strategy Committees will be formed for each Experience Management Plan strategy. Each Committee will be comprised of community stakeholders who will convene regularly to collaborate on the development of courses of action, review progress over time, and provide course correction recommendations when appropriate.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 59
Governance Committee Meeting Topics
Mutually Reinforcing Efforts
Regular Governance Committee meetings will cover the following topics:
• Prioritization of Experience Management Strategies
• Assignment of a task force (or recognition of existing bodies) to implement each Experience Management Strategy and related courses of action
• Task force updates to the Committee
• Implementation strategies, timelines and course corrections • Engagement/communication needs within the broader stakeholder community (e.g., elected officials, key stakeholders and residents)
Every three years, the Plan Management Organization and Governance Committee should focus their efforts on refreshing the Experience Management Plan to ensure its ongoing relevance and responsiveness to local, national and international trends and data. Every 10 years, the Governance Committee should complete a comprehensive overhaul of the Plan; however, the spirit of the Vision should remain largely, if not completely, intact.

Because a Collective Impact Framework brings together a diversity of organizations, each with their own unique missions, it is important to be specific about what each will contribute to the shared effort. Some key aspects of these mutually reinforcing efforts are indicated below for the primary organizations involved in the implementation of the Plan (SMTT and the City), as well as partner organizations that will be part of the Governance Committee.

SMTT
• Promotes visitation
• Serves as the Backbone Organization based on the Collective Impact Framework • Regularly and proactively communicates to stakeholders • Identifies key partners and champions
• Supports task forces to ensure ongoing momentum
• Identifies funding sources
City Government
• Enables retention and acquisition of businesses
• Provides available funding for efforts adopted by City Council • Makes it easy to do business in Santa Monica
• Provides oversight and ownership of City-related issues • Identifies key partners and champions
• Identifies future funding sources
Partners
• Supports adjacent sector and neighborhood goals
• Identifies key partners and champions based on courses of action • Identifies funding sources
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
60 Santa Monica | Experience Management Plan
2022
Lay the groundwork for successful Plan implementation by kicking off the Governance Committee, prioritizing Experience Strategies, assigning task forces to begin implementation of select Strategies and continuing to foster buy-in and momentum for implementation
2023 Implement Strategies identified as priorities for this year 2024 Implement Strategies identified as priorities for this year and complete a Plan refresh 2024-26 Implement Strategies identified as priorities for each of these years 2027 Implement Strategies identified as priorities for this year and complete a Plan refresh 2028-29 Implement Strategies identified as priorities for each of these years 2030 Implement Strategies identified as priorities for this year and complete a comprehensive Plan reboot
Implementation Timeline
Over time, the activities will evolve as goals are achieved or as measures of success indicate needed course correction. The 10-year Plan implementation cycle will be organized as follows:

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 61
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
62 Santa Monica | Experience Management Plan
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 63
Acknowledgements
The development of the original plan, just prior to the outbreak of COVID-19 worldwide, and the 2022 update were both made possible by the dedication and commitment of leaders from throughout our community. We are grateful for their efforts and tremendous contribution to making the Santa Monica Experience Management Plan a reality.

Santa Monica Travel & Tourism and the City of Santa Monica want to thank the following individuals who collectively dedicated hundreds of hours to the creation of the core components of the Santa Monica Experience Management Plan. While most committee members are residents of Santa Monica, some live outside our city limits and either lead or own a business in the city and share a longstanding commitment to our collective success as a community.
2022 Experience Management Plan Update Team:
• Younes Atallah, GM, Loews Santa Monica Beach Hotel
• Alyssa Dorn, Operations Coordinator, SMTT
• Mandy Eck, Director of Marketing, SMTT
• Evan Edwards, Chief Operating Officer, SMTT
• Christine Emhardt, Former Marketing Coordinator, SMTT • Kristin Farrel, Global Business Development Coordinator, SMTT • Michael Gurrieri, Chief Marketing Officer, SMTT
• Misti Kerns, President & Chief Executive Officer, SMTT • Rachel Lozano, Chief People Officer, SMTT
• Kevin Linares, Client Services Coordinator, SMTT
• Todd Mitsuhata, Former Director of Global Business Development, SMTT • Stephanie Nakasone, Global Sales & Services Manager, SMTT • Ozzie Otero, National Sales Manager, SMTT
• Cara Rene, Former Director of Communications, SMTT
• Elaine Polachek, Consultant, Kings Road Consulting
• Aaron Seals, Operations Manager, SMTT
• Danny Tec, Travel Specialist, SMTT
• Luis Vasquez, Travel Specialist, SMTT
• Jan Williamson, Executive Director of 18th Street Arts Center, Member of the SMTT Board of Directors Governance Committee
• Younes Atallah, General Manager, Loews Santa Monica Beach Hotel • Ramon Batista, Chief of Police, SMPD
• Neil Carrey, Chairman, SMTT Board of Directors
• Susan Cline, Assistant City Manager, City of Santa Monica • Albin Gielicz, Resident, SMTT Chairman’s Circle
• Misti Kerns, President and CEO, Santa Monica Travel & Tourism • Judy Kruger, Resident; President and CEO, Santa Monica Chamber of Commerce • Raphael Lunetta, Owner, Lunetta
• Rob Schwenker, Executive Director, Santa Monica History Museum ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
64 Santa Monica | Experience Management Plan
Inaugural Strategy Committees
Committee to Ensure Santa Monica is a Safe and Clean Place to Live and Visit • Andrew Thomas, CEO, Downtown Santa Monica
• Becky Warren, Resident
• Judy Abdo, Resident
• Danny Alvarez, Fire Chief, SMFD
• Lauralee Asch, SMTT Board of Directors
• Lindsay Call, Chief Resilience Officer, City of Santa Monica • Darrick Jacob, Deputy Chief, SMPD
• Peter James, COO, City of Santa Monica Public Works Department • Ed King, Director of Transit Services, City of Santa Monica • Jeff Klocke, Vice President & General Manager, Pacific Park, SMTT Board of Directors • Charlie Lopez-Quintana, Managing Director, ETC Hotels, SMTT Board of Directors Committee to Highlight and Leverage Cultural Happenings • Rob Bailis, Resident; Artistic and Executive Director, BroadStage • Marisa Caichiolo, Resident; Founder & Executive Director, Building Bridges Art Exchange (BBAX) • Shannon Daut, Cultural Affairs Manager, City of Santa Monica • Darlene Evans, Member, SMTT Board of Directors
• Jennifer Ferro, President, KCRW
• Jim Harris, Executive Director, Santa Monica Pier Corporation • Allison Ostrovsky, Cultural Affairs Supervisor, City of Santa Monica • Rodney Punt, Resident; SMTT Chairman’s Circle
• Allison Sampson, Resident; Co-Executive Director, Santa Monica Conservancy • Jan Williamson, Executive Director, 18th Street Arts Center; Member, SMTT Board of Directors Committee to Promote Diversity of Retail, Dining and Evening Experiences • Peter Trinh, Board Member and Business Owner, Downtown Santa Monica • Stephanie Eglin, General Manager, Santa Monica Place
• Sean Besser, Resident; Vice President, Ocean Park Association • Kera Blades-Snell, Member, SMTT Board of Directors
• Elise Freimuth, Resident; Director of Communications, Rustic Canyon Family • Hunter Hall, Executive Director, Main Street Business Improvement Association • David Martin, Director of Planning and Community Development, City of Santa Monica • Anthony Schmitt, Resident; Chair, Main Street Business Improvement Association • Nathan Smithson, Director of Marketing and Business Development, Pacific Park on the Santa Monica Pier
• Claire Soley Hutchens, Co-Owner and Vice President of Operations, The Gourmandise School • Dr. Clare Thomas, Resident; Vice President, Friends of Sunset Park • Ted Winterer, Resident; Former Councilmember
• Rob York, Resident; President, York Consulting Group
Committee to Support Livability for the Santa Monica Community • Tara Barauskas, Executive Director, Community Corporation of Santa Monica • Dom Bei, Santa Monica Firefighter
• Alexander Cameron, Vice President of Leasing, Los Angeles Region, Boston Properties • Karen Ginsberg, Member, SMTT Board of Directors
• Jeff Jarow, Resident; Vice President, Par Commercial Brokerage • Evelyn Lauchenauer, Resident; Board Member, North of Montana Association (NOMA) • John Maceri, CEO, The People Concern
• Pam O’Connor, Resident; Former Councilmember and Mayor; Member, Chamber of Commerce; Member, California Transit Association Board
• Michael Ricks, CEO, Providence St. John’s
• Janet Rimicci, RN, MSN, Resident; Senior Director, UCLA Health • Bianca Smith, Assistant Vice President, Program Operations, Chrysalis • Setareh Yavari, Housing and Human Services Manager, City of Santa Monica ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 65
Plan Implementation Facilitators
• Evan Edwards
• Michael Gurrieri
• Misti Kerns
• Rachel Lozano
• Elaine Polacheck
Plan Update Consultant Team
• Elaine Polacheck, Principal, Kings Road Consulting
• Trever Cartwright, Partner, Coraggio Group
• Brad Simmons, Art Director, Coraggio Group
2019/20 Original Core Team
• Andy Agle, Director of Housing and Economic Development, City of Santa Monica • Anuj K. Gupta, Deputy City Manager, City of Santa Monica • Omark Holmes, Director of Marketing, Santa Monica Travel & Tourism • Misti Kerns, President & CEO, Santa Monica Travel & Tourism • Debbie Lee, Chief Communications Officer, City of Santa Monica • Katie Lichtig, Assistant City Manager/Chief Operating Officer • Kim Sidoriak, Chief Marketing Officer, Santa Monica Travel & Tourism Stakeholder Committee
• Richard Chacker, President/Owner, Perry’s Café and Beach Rentals • Hunter Hall, Executive Director, MSBIA
• Damien Hirsch, General Manager, JW Marriott Santa Monica Le Merigot • Matthew Lehman, General Manager, Fairmont Miramar Hotel & Bungalows • Kathleen Rawson, CEO, Downtown Santa Monica, Inc.
• Laurel Rosen, President/CEO, Santa Monica Chamber of Commerce • Negin Singh, Executive Director, Santa Monica Pier
• Nathan Smithson, Marketing Manager, Santa Monica Pier • Francie Stefan, Mobility Manager, City of Santa Monica, Mobility Division • Sue Bell Yank, Director of Marketing, 18th Street Arts Center Consultant Team
• Trever Cartwright, Partner, Coraggio Group
• Arianna Howe, Vice President of Client Services, Sparkloft Media • Matthew Landkamer, Coraggio Group
• Jaclyn Osterloh, Account Director, Sparkloft Media
• Alexandra Reese, Associate Principal, Coraggio Group
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
66 Santa Monica | Experience Management Plan
Interviewees & Focus Group Participants
• Judy Abdo, Board Member, Santa Monica Pier Corporation • Lauralee Asch, Resident
• Caroline Beteta, President & CEO, Visit California
• Michael Bridges, General Manager, Viceroy Santa Monica • Juan Carerro, Parking Administrator, City of Santa Monica - Transportation Engineering & Management • Lynn Carpenter, Vice President of Marketing, Visit California • Neil Carrey, Resident, Baker Hostetler
• Rick Cole, City Manager, City of Santa Monica
• Shannon Daut, Cultural Affairs Manager, City of Santa Monica - Cultural Affairs Division • Gleam Davis, Mayor, Santa Monica City Council
• Stephanie Eglin, Senior Manager, Marketing, Santa Monica Place • Leah Edwards, General Manager, Oceana Santa Monica
• Darlene Evans, Resident
• Nicole Flynn, AVP Marketing, Macerich/Santa Monica Place • Nan Friedman, Manager, Annenberg Community Beach House • Albin Gielicz, Resident
• Karen Ginsberg, Director of Community and Cultural Services, City of Santa Monica - Community & Cultural Services
• Linda Greenberg, Executive Director, Santa Monica Malibu Education Foundation • Jason Harris, Economic Development Manager, City of Santa Monica - Economic Development Division • Patricia Hoffman, Vice Chair, Downtown Santa Monica, Inc. • West Hooker, Owner, Lago/Café Bellagio
• Darrick Jacob, Captain, Santa Monica Police Department • Jeff Jarow, Vice President, Par Commercial Brokerage
• Kathryn Jeffery, Ph.D., Superintendent and President, Santa Monica College • Jeff Klocke, General Manager, Pacific Park
• Dean Kubani, Director, City of Santa Monica - Office of Sustainability and the Environment • Julia Ladd, General Manager, Santa Monica Place
• Laura Lieberman, Board of Education President, Santa Monica Malibu Unified School District • Raphael Lunetta, Owner, Lunetta/Lunetta All Day
• David Martin, Director of Planning and Community Development, City of Santa Monica - Planning & Community Dev
• Derek McCann, General Manager, Loews Santa Monica Beach Hotel • Laura McIver, General Manager, Shutters on the Beach
• Kevin McKeown, Council Member, Santa Monica City Council • Judith Meister, Beach Administrator, City of Santa Monica - Community & Cultural Services • Klaus Mennekes, Vice President and Managing Director, Edward Thomas Collection • Greg Morena, Owner, The Albright
• Brian Murphy, General Manager, Doubletree Guest Suites Santa Monica • Ellis O’Connor, Owners Representative, MSD Capital, Fairmont Miramar Hotel & Bungalows • Alisa Orduna, Senior Advisor on Homelessness, City of Santa Monica - City Manager’s Office • Gerry Peck, General Manager, Shore Hotel
• Leona Reed, Associate VP of Global Marketing, Visit California • Rosemary Regalbuto, Resident
• Cynthia Renaud, Police Chief, City of Santa Monica - Police Department • Ron Robinson, President, Ron Robinson
• Francie Stefan, Mobility Manager, City of Santa Monica • Joyce Syme, General Manager, Seaview Hotel
• Nat Trives
• Ted Winterer, Council Member, City of Santa Monica
• Rob York, Principal, York Consulting Group
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 67
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
68 Santa Monica | Experience Management Plan
The best time to plant a tree
was 20 years ago. The next
best time is now.”
— Anonymous
“
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Santa Monica | Experience Management Plan 69
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
The Santa Monica
Experience Management
Plan is for happy people
in a happy city.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Jennifer Hover
To: councilmtgitems
Cc: David White; Ramon Batista; Misti Kerns
Subject: Tuesday, July 25th City Council Meeting, Agenda Item 11: Downtown Santa Monica Date: Monday, July 24, 2023 2:08:03 PM
Attachments: SMTT - DTSM Private Security Letter.pdf

EXTERNAL
Good Afternoon,
I hope you are doing well.

Please find the attached documents in support of Agenda Item 11: Downtown Santa Monica from the Santa Monica Travel & Tourism Board of Directors for the Tuesday, July 25th City Council Meeting.

If you have any questions, please let us know.

Thank you,
Jen Hover
Jennifer Hover (she/her)
Executive Assistant

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
2427 Main St, Santa Monica, CA 90405
santamonica.com
310.319.6263
July 24, 2023
City Council
City of Santa Monica
City Hall Council Chambers
1685 Main Street, Room 250
Santa Monica, CA 90401
RE: Tuesday, July 25th City Council Meeting, Agenda Item 11: Downtown Santa Monica Dear Mayor Davis, Mayor Pro Tem Negrete, and Council Members:

Good afternoon, as you approach tomorrow night’s council meeting, we encourage you to move agenda item 11: Approval of Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan forward.

We hear the frustrations and clearly understand the issues that are currently facing businesses in Santa Monica, specifically in our downtown, related to safety and security.

We all strive to offer positive experiences for all that live, work and visit. The addition of a new security presence will further support our police department while allowing for more timely responses to the needs of our community and serve as a deterrence for criminal behavior.

An increase in monitoring has been shown to significantly decrease crime in a way that could positively impact revenues for businesses and the city. Less crime and just as importantly the perception of safety will encourage locals to return and help to increase visitors to downtown. This private-public partnership with SMPD offers an opportunity to provide a safer and more welcoming experience for all.

We respectfully request the City Council to approve the plan to hire private security for a pilot program.

Thank you for your service to our community!
Respectfully,
Misti Kerns, CMP CDME Neil Carrey
President/CEO 2023/2024 Board of Directors Chair
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Jason Mastbaum
To: councilmtgitems; councilmtgitems
Cc: Phil Brock; Gleam Davis; Lana Negrete; Jesse Zwick; Caroline Torosis; Christine Parra; Oscar de la Torre Subject: no to private armed security on the Promenade 7/25/2023 council meeting item 11A Date: Monday, July 24, 2023 6:46:39 PM
Attachments: image.png

EXTERNAL
Councilmembers, I find it very disturbing that we're even considering bringing private armed security onto the Promenade. The discourse around this has been very explicit that the goal is to bring in private armed guards to help "deal with" the homeless people on the Promenade.

Now let's be clear, what could bringing in guys with guns to "deal with" the homeless people possibly mean other than shooting them? And even if this doesn't bother you morally, are you prepared for the city to have to pay out yet another large settlement after one of these private armed guards shoots someone?
This is the worst but certainly not the first example of the current DTSM board mismanaging the Promenade. Recently, all the benches and bus stop seating got removed from the Promenade. I know residents with young children who have no intention of returning to the Promenade anytime soon because they found themselves with nowhere to sit the last time they went, and having nowhere to sit is a complete nonstarter when you have a baby in tow. Just this weekend I even saw a family forced to sit on the ground for lack of other Promenade seating options. I'm sure families like this will feel even more eager to visit the Promenade again and tell their friends and family about what a great time we had after we

1. Fire the ambassadors who help keep it clean (hard to imagine the guys with guns doing any cleaning!), which I'm sure will make sitting on the ground even more enjoyable.

2. Make them sit on the ground while being loomed over by goons with guns, who may even shoot one of them if they "look homeless".

3. Have them take in the only-in-Santa-Monica spectacle of councilmembers roaming around randomly picking fights as part of a half-baked publicity stunt.

Also, just wondering, is it SMPD SOP to allow people who aren't sworn police officers to participate in making arrests? Could this kind of thing also open us up to needing to pay out big financial settlements?
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Alyse Levine
To: councilmtgitems
Subject: Comment for agenda item 11A
Date: Monday, July 24, 2023 6:50:35 PM

EXTERNAL
Hello,
My name is Alyse Zaczepinski and I have been a Santa Monica resident for the past 17 years.

I have 4 children who are enrolled in Santa Monica public schools. I have always loved the fact that they go to our neighborhood public schools and have been able to walk to and fro school with their friends (and visit the promenade as a place to hang out after school. I no longer feel that this is safe to do. The number of weekly assault cases in Santa Monica is terrifying. I strongly feel that there needs to be ARMED guards surrounding the promenade and downtown Santa Monica areas. We have had unarmed guards and this just does not deter criminals and mentally ill individuals from being in the area and committing crimes. We have had enough. This city has become so unsafe. Santa Monica has to change and start taking real action to protect its citizens.

I strongly vote to have ARMED guards policing our streets.

Thank you.

Sincerely,
Alyse Zaczepinski
Resident at 1107 Princeton Street, Santa Monica, 90403
--
Alyse Levine MS, RD
Nutritionbite LLC
2500 Broadway Ave
Building F, Suite F-125
Santa Monica, CA 90404
(T) 310-526-7872
(F) 310-564-0399
alyselevine.com / eatingreset.com
[email protected]
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: adam dietz
To: councilmtgitems
Subject: Armed Promenade patrols
Date: Monday, July 24, 2023 6:53:08 PM

EXTERNAL
Why are we wasting money on u armed guards with 11A?
They are totally ineffective. We need ARMED security at the Promenade and downtown.

Thank you!
Adam Dietz
Santa Monica homeowner
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Jenny Belotserkovsky
To: councilmtgitems
Subject: Security council meeting Item 11A- Asking for armed patrol at 3rd street promenade and downtown Date: Monday, July 24, 2023 7:21:03 PM

EXTERNAL
Hello,
My name is Jenny and I am a new resident of Santa Monica from San Francisco, residing at 521 Montana Ave.

Having lived in San Francisco for 27 years and 1 year in Santa Monica so far, I can't express how much safer and happier I feel here.

That being said, I am an advocate for armed security along the promenade and downtown for the sake of locals, tourists, and businesses along the streets. Do not repeat the politics that destroyed downtown SF, where there is no enforcement or fear of law. Businesses will leave once a theft threshold is reached and that will start a chain reaction of empty storefronts and reduced business revenue. Fear of lack of safety will reduce foot traffic, further decimating local businesses.

Sincerely,
Jenny B
Santa Monica resident
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Robert Wolk
To: councilmtgitems
Subject: Agenda Item 11A Mtg for 7/25/23
Date: Monday, July 24, 2023 7:32:56 PM

EXTERNAL
Honorable councilman and woman:

I shop in Santa Monica and I strongly urge you to strengthen agenda item 11A by having armed security patrolling on a regular basis, 24/7, to protect all citizens from crime. The Councils behavior and lack of support for law enforcement is itself a crime to the taxpaying citizens. Do the right thing and use a substantial security force, that is armed and able to protect the citizens, instead of rthe favored few.

Thank you,
Robert Wolk
Sent from Mail for Windows
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Jeff Palmer
To: councilmtgitems
Subject: Agenda 11A
Date: Monday, July 24, 2023 8:00:08 PM

EXTERNAL
Downtown Santa Monica has too much crime. Please
replace unarmed guards with armed guards. We are
the owners of 1460 4th Street.

Jeffrey Palmer
PMI Properties
310-476-1703 x108
[email protected]
www.pmiproperty.com
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Nancy Ong
To: councilmtgitems
Subject: Item 11A
Date: Monday, July 24, 2023 8:08:06 PM

EXTERNAL
Please, please approve armed guards for the Promenade and downtown, and possibly parks.

Unarmed guards will NOT deter criminals and may even put the guards in danger. It is time to stop this free-for-all crime spree that has become the norm in our city. Make a statement that you respect our citizens and will not tolerate crime and violence. Sincerely, Nancy Ong ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Linda Sypien
To: councilmtgitems
Subject: Re: 11A-please have ARMED security
Date: Monday, July 24, 2023 8:09:29 PM

EXTERNAL
I was very disappointed to hear that the guards on the Promenade would not be armed. That is no safer than the ambassadors we had. Too many people have been attacked there including myself not to have armed guards. If you want to keep the promenade and the businesses safe, please have the guards to be armed. Thank you! Linda Stanley
Santa Monica resident 32 years
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Jim Lachance
To: councilmtgitems
Subject: Resident comment on Agenda item 11a
Date: Monday, July 24, 2023 8:35:14 PM

EXTERNAL
Santa Monica city council members,
It has come to my attention the city council is voting on security protocols for the Promenade. I believe it’s agenda item 11a.

My understanding is that the council is considering unarmed guards for this security measure. In addition, it’s my understanding that utilizing armed guards was considered and will not be supported.

I believe the actions of this and prior city councils, coupled with the inane actions of the governor and state legislature have proactively made our community unsafe. Furthermore I find recent political actions, or equally egregious inactions related to our safety to have degraded the city of Santa Monica. My family no longer feels safe here. I’m a life long, very capable martial artist; I don’t even feel safe here.

Furthermore, Our tax base is eroding due to poor policies regarding our safety and related local businesses. As a small business owner myself (not located in Santa Monica) this city has made local business untenable. tourists are well aware of this issue and are choosing to go elsewhere. Further eroding our community and tax base.

How can you manage a city while not doing your primary job to keep the residence and businesses safe. I implore his committee to compassionately consider the people who live here and work here. And Not to bend to state, or worse, radical federal policy agendas. All of which have caused havoc to our beautiful (not for long if you continue along this path) city.

Please reconsider stronger security measures for the promenade by increasing the number of security guards and arming them accordingly. We require a much greater deterrent to restore our community to a safe and enjoyable place for everyone.

Thank you for listening.

Jim LaChance,
Proud Santa Monica resident
Sent from my iPhone
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: [email protected]
To: councilmtgitems
Subject: Vote to Hire Armed Guards for SM Promenade/Downtown!! It"s the City Councils Duty to Protect!! Date: Monday, July 24, 2023 11:32:37 PM

EXTERNAL
Dear Council, As a 27 yr resident and home owner of SM… It’s time for Armed Guards @ the Promenade and Downtown...Especially post Covid..

Unarmed Guards have proven to be a devastating failure leading to even worse crime and chaos in our Precious City!
Our businesses are devastated by this chaos @ the Pre-Covid Thriving Promenade! We are a top world travel destination and travelers need to also feel safe, in addition to residents
…..Especially until there are more police officers.

Our city wants and Deserves safety and protection and it is the City Council’s Main Duty to provide this!!
Also it is your Duty stop needle distribution in our parks..

Parks are supposed to be a safe haven for Kids and not drug treatment centers and an extreme health hazard for our kids!
City Council has the Power to make a Bold Statement that Santa Monica will be Safe Again to Live and Visit!
Please do what your Constituents want..

Armed police are needed to restore our community, our Safety and our Businesses!!! This is what our city so desperately needs..

Please Do the Right Thing.. Hire Armed Guards…. And eliminate needle distribution @ SM parks..

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Joni Pan
To: Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; councilmtgitems
Subject: Urgent Call for Enhancing Walkability, Accessibility, and Bikeability in Downtown Santa Monica (Agenda Item 11A)
Date: Tuesday, July 25, 2023 10:10:39 AM

EXTERNAL
Dear Santa Monica City Council Members,
I hope this email finds you well. I am writing to bring your attention to the crucial matter of the Downtown Santa Monica, Inc. (DTSM) budget, particularly in relation to the development of our beloved city's downtown area. As a concerned resident, I would like to express my deep concerns regarding the absence of provisions for improving walkability, accessibility, and bikeability in the budget for downtown Santa Monica, specifically focusing on the Third Street Promenade.

Downtown Santa Monica holds a special place in the hearts of both residents and visitors, serving as a vibrant hub of social, commercial, and cultural activities.

However, as the area continues to thrive, it is of utmost importance that we prioritize sustainable, eco-friendly, and accessible modes of transportation to preserve its appeal and ensure a higher quality of life for all its patrons.

The lack of discussions regarding these essential aspects in the DTSM budget is disheartening. We must strive to transform downtown Santa Monica into a pedestrianfriendly and car-free zone as much as possible. Encouraging alternative forms of transportation, such as walking, biking, and the use of public transit, will not only reduce traffic congestion but also promote a healthier and cleaner environment.

The Third Street Promenade, in particular, is a bustling center of commerce and leisure. As we envision its future, it is crucial to prioritize the creation of a more pedestrian-centric space. By enhancing walkability and accessibility, we can attract more foot traffic, support local businesses, and create a lively and inclusive community atmosphere.

Here are some key proposals that we believe could significantly improve the downtown area:

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
· Invest in Pedestrian Infrastructure: Allocate resources to upgrade sidewalks, crossings, and pedestrian plazas, ensuring they are safe, well-lit, and universally accessible to individuals of all ages and abilities. ·Expand Bike Lanes and Bike Share Programs:

Establish dedicated bike lanes along major streets leading to the Third Street Promenade, and promote bike share programs to encourage sustainable commuting options.
·
Improve Public Transit: Advocate for increased frequency and extended operating hours of buses and other forms of public transportation to make them more viable alternatives to driving. ·
Encourage Micro-Mobility Solutions: Support the integration of electric scooters and other micro-mobility options while regulating them responsibly to ensure safety and order.
·
Community Engagement: Prioritize involving residents, businesses, and advocacy groups in the decision-making process to ensure that their needs and concerns are considered when shaping the downtown's future.

By incorporating these measures into the DTSM budget, we can take significant strides towards a greener, more accessible, and people-friendly downtown Santa Monica. The benefits will be multi-fold, from improving air quality and reducing noise pollution to fostering a sense of community and supporting local businesses.

I kindly request that you consider these points during the upcoming discussion on Agenda Item 11A. Together, let's work towards making downtown Santa Monica a model of sustainable urban living, where people can comfortably and conveniently navigate the area without relying heavily on cars.

Thank you for your time and attention to this matter. I trust that you will make the right decision for the betterment of our community and the environment. Should you need any further information or wish to discuss this matter in person, please feel free to contact me.

Sincerely,
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Joan
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: jaysthrowaway
To: Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; councilmtgitems
Subject: Urgent Call for Enhancing Walkability, Accessibility, and Bikeability in Downtown Santa Monica (Agenda Item 11A)
Date: Tuesday, July 25, 2023 10:12:14 AM

Downtown Santa Monica holds a special place in the hearts of both residents and visitors, serving as a vibrant hub of social, commercial, and cultural activities. However, as the area continues to thrive, it is of utmost importance that we prioritize sustainable, eco-friendly, and accessible modes of transportation to preserve its appeal and ensure a higher quality of life for all its patrons.

The lack of discussions regarding these essential aspects in the DTSM budget is disheartening.

We must strive to transform downtown Santa Monica into a pedestrian-friendly and car-free zone as much as possible. Encouraging alternative forms of transportation, such as walking, biking, and the use of public transit, will not only reduce traffic congestion but also promote a healthier and cleaner environment.

Here are some key proposals that we believe could significantly improve the downtown area:
• Invest in Pedestrian Infrastructure: Allocate resources to upgrade sidewalks, crossings, and pedestrian plazas, ensuring they are safe, well-lit, and universally accessible to individuals of all ages and abilities.
• Expand Bike Lanes and Bike Share Programs: Establish dedicated bike lanes along major streets leading to the Third Street Promenade, and promote bike share programs to encourage sustainable commuting options.
• Improve Public Transit: Advocate for increased frequency and extended operating hours of buses and other forms of public transportation to make them more viable alternatives to driving.
• Encourage Micro-Mobility Solutions: Support the integration of electric scooters and other micro-mobility options while regulating them responsibly to ensure safety and order. • Community Engagement: Prioritize involving residents, businesses, and advocacy groups in the decision-making process to ensure that their needs and concerns are considered when shaping the downtown's future.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
By incorporating these measures into the DTSM budget, we can take significant strides towards a greener, more accessible, and people-friendly downtown Santa Monica. The benefits will be multi-fold, from improving air quality and reducing noise pollution to fostering a sense of community and supporting local businesses.

Sincerely,
Jesus
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: [email protected]
To: councilmtgitems
Subject: SANTA MONICA--Agenda Item 11A . July 25, 2023
Date: Tuesday, July 25, 2023 11:15:09 AM
Importance: High

EXTERNAL
Dear Council members:

Four years ago I predicted this to Police Chief Renaud (remember her). Chief Renaud told me it was under control. Sadly, I was spot on. Citizens now need to be armed to do the job of the City.

The chickens have come home to roost.

I support of armed security guards for The Promenade and Downtown area. This is agenda item 11A.

We need more law enforcement presence throughout the City, and especially at the crime-ridden Promenade and surrounding Downtown. ( Physical assaults and an average of 35 retail thefts occur each week during business hours on The Promenade). See Phil Brock assault just this week!
We have already seen three previous times how unarmed guards DO NOT work and allowed for the massive increase in crime and loitering on our sidewalks and storefronts. This proposal is no different than the Block-by-Block Ambassadors and will prove to be yet another failure in public safety for residents, tourists, and merchants in Santa Monica.

This should only be an interim solution until the SMPD has the number of sworn officers Chief Batista says she needs to protect our residents and businesses. The City's primary responsibility is to protect life and property, which includes law enforcement.

In addition, under the plan presented tonight, this basic obligation of the City is being unfairly paid for solely by the property owners and businesses in Downtown.

Make safety a priority!! Vote yes on Agenda item 11A
Russ Belinsky*
President
Save Our Santa Monica
1112 Montana Avenue
Suite 911
Santa Monica, CA 90403
*Resident and taxpayer in Santa Monica since 1996 (27 years) ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Marc Verville
To: Oscar de la Torre; Gleam Davis; Christine Parra; Lana Negrete; Phil Brock; Jesse Zwick; Caroline Torosis Cc: David White; Douglas Sloan; councilmtgitems
Subject: Item 11.A. - Approval of Downtown Santa Monica, Inc. ("DTSM") FY2023-24 Budget and Work Plan and Authorization of Various Agreements Between City and DTSM Date: Tuesday, July 25, 2023 11:45:39 AM

EXTERNAL
Dear Council Members,
Please approve all aspects of this Item at tonight’s meeting.

The security component of this request is especially urgent. Without this enhanced security, the Promenade and its environs cannot be revitalized.

Without a vibrant Downtown, an irreplaceable community asset is entirely wasted and the ability “to elevate Santa Monica's attractiveness as a major event venue” (as envisioned in Item 16.C.) cannot be realized. While there are many contributing factors to the collapse of the Promenade and our downtown, the actual and perceived safety (and sanitation) environment of the spaces and the adjacent parking structures are overwhelmingly determinative.

To be clear, as proposed the security arrangements are far from ideal. A key problem with this the proposed arrangement is the fact that DTSM is having to pay for the security. This is a cost that should be borne by the city as it reflects a fundamental city function. The draining of funds from DTSM to subsidize a basic city function significantly weakens DTSM’s ability to program, promote and activate the Promenade and adjacent spaces, further hindering the recovery of our downtown. Also, unarmed private security is significantly inferior in safety perception (and reality) to a fully provisioned and highly visible SMPD presence. I firmly believe that some of the Council members’ aversion to a visible and robust SMPD presence on the Promenade and in downtown is entirely mistaken and completely unsupportable on the facts.

For now, this Item is a positive step forward. That said, the economic drain on DTSM for subsidizing these basic City requirements is not sustainable and must be addressed in next year’s budget.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
This issue must be forthrightly addressed both in this evening’s vote to pass this item as well as the termination of the Civic Auditorium sale. In the near future, the City must significantly enhance SMPD-provided and managed safety upgrades, with concomitant sanitation improvements to the entire area, paid for by the city.

If these initiatives are less than fully embraced by this Council, then the ongoing decline of our city’s heart and consequent destruction of an irreplaceable economic and social center in a rapidly densifying city will be clearly an act of commission rather than simple act of omission. That would be unacceptable.

Respectfully,
Marc L. Verville
Sunset Park
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Susan Collins
To: councilmtgitems
Subject: Agenda Item 11 A
Date: Tuesday, July 25, 2023 11:58:17 AM

EXTERNAL
We need more law enforcement presence throughout the City, and especially at the crime-ridden Promenade and surrounding Downtown. Fact: Physical assaults and an average of 35 retail thefts occur each week during business hours on The Promenade.

The proposal in this agenda item extends the failed policy that is already in place. Santa Monica, in particular the Promenade, has been featured on national news programs as an example of the failing policies in this city which have increased crime, closed businesses, and driven families away from using the area.

We have already seen three previous times how unarmed guards DO NOT work and allowed for the massive increase in crime and loitering on our sidewalks and storefronts. This proposal is no different than the Block-by-Block Ambassadors and will prove to be yet another failure in public safety for residents, tourists, and merchants in Santa Monica.

This should only be an interim solution until the SMPD has the number of sworn officers Chief Batista says he needs to protect our residents and businesses. The City's primary responsibility is to protect life and property, which includes law enforcement.

In addition, under the plan presented tomorrow night, this basic obligation of the City is being unfairly paid for solely by the property owners and businesses in Downtown. Businesses can not function under these circumstances. We should be doing everything possible to support our local businesses who are already paying much higher than average rents and taxes. Forcing them to pay for private security on top of paying inflated taxes which should be providing this service is harmful to the overall well-being of this community.

Please provide armed guard patrol and presence on The Promenade and in Downtown, so that businesses can return, operate safely, and families can participate in our community and enjoy Santa Monica without fear.

Thank you,
Susan Collins
Susan Collins
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Vivien B
To: councilmtgitems
Subject: Agenda 11A
Date: Tuesday, July 25, 2023 12:03:05 PM

EXTERNAL
Esteemed Council Members,
I am in full support of hiring private security company Covered 6 to help protect the citizens and tourist of Santa Monica who want to come to the Third Street Promenade and other downtown areas. As a long time property owner and owner of condo in Santa Monica I am well aware of the unsafe circumstances that plague our city. The police can not be everywhere and can work in tantrum with Covered 6. I attended a DSM meeting recently and was impressed with their training , hiring practices, level of experience and safety record. The promenade used to be a safe place to walk and shop. Ambassadors are ill equipped to safeguard the public and although friendly have failed. I have many friends who live in the vicinity and they are afraid to shop on the Promenade as they have been accosted or seen tourist get harassed and accosted.

I encourage you to vote yes for the Covered 6 pilot program.

Sincerely,
Vivien Benjamin
1 Sea Colony Dr
Santa Monica, CA 90045
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: John Warfel
To: councilmtgitems
Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica Date: Tuesday, July 25, 2023 12:27:14 PM

Please consider consolidating the DTSM’s new security program with the current City sponsored private security at the SM Pier and the downtown parking structures. It makes little sense to have 3 separate private security details with 3 different security vendors operating at the same time in the same general area.

Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented.

Thank you.

John Warfel
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: [email protected]
To: councilmtgitems
Subject: item 11A JULY 25TH council meeting
Date: Tuesday, July 25, 2023 12:34:08 PM

EXTERNAL
Please ensure the promenade security personnel from the Contractor will be armed.

Unarmed will not be effective in serious cases.

Thank you,
Rachel Sene
Jay Johnson
Sent from Mail for Windows
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: Natalya Zernitskaya
To: councilmtgitems
Cc: Gleam Davis; Lana Negrete; Christine Parra; Oscar de la Torre; Phil Brock; Caroline Torosis; Jesse Zwick; David White
Subject: 7/25/23 Council Agenda Item 11A- Public Comments Date: Tuesday, July 25, 2023 1:38:12 PM

EXTERNAL
RE: Agenda Item 11A
Good Afternoon Mayor Davis, Mayor Pro Tem Negrete, and City Councilmembers, I am very grateful for the efforts of DTSM, Inc. in working to make the 3rd Street Promenade and Downtown Santa Monica in general a more welcoming, thriving, and safe place for all to visit. Our City is not the only city that is still recovering from the economic ravages of the Covid-19 pandemic but as a city with a significant portion of revenues coming from sales and use taxes, particularly from those who are visiting our downtown, including the Promenade, we must ensure that we consider potential impacts of significant changes, such as the proposal for a pilot program to hire private security for the Promenade.

My concerns include: the trade-offs that would be required should the Council choose to accept DTSM Inc.’s recommendation to hire private security, potential for risk given that at least one security guard would be armed per shift, and how this may shift visitors’ experience on the Promenade. For your convenience, I have laid out several questions and discussion topics that I feel should be addressed as a part of your deliberations on Item11- A.

The pilot program would cost $1.7 million for the year, which would necessitate reductions to the DTSM Ambassador Program
Per the staff report, " For FY 2023-24, the proposed budget includes the funding for the private daytime security for the Promenade, which would be operated as a one-year Pilot Program. For this service, DTSM proposes to allocate approximately $1.7 million and would be funded primarily through reductions to DTSM Ambassador Services. DTSM has indicated that up to 16 full-time equivalent Ambassador positions will be impacted. " (emphasis added)
Is the trade-off of 16 DTSM ambassadors worth what we will be getting from private security?
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Can we better utilize the resources that we already have, such as SMPD officers and/or street teams, to enhance the perception of safety on the Promenade? (Especially since there is the new-ish SMPD outpost directly on the Promenade)
If the Council chooses to move forward with the recommendation for the pilot program, the $1.7 million would come out of the DTSM Inc. budget, but if it is deemed successful, future funding would likely have to come out of the City budget, at least in part. What potential programs or services would the Council consider cutting back in order to fund private security in future fiscal years? At least 1 security guard would be armed per shift and there are 3 shifts (morning, afternoon, and evening) per day so over the course of each day, there would be 3 individuals with a sidearm patrolling the 3rd Street Promenade Although DTSM, Inc. appears to have received assurances from Covered 6 that private security guards are former military or law enforcement (with honorable discharges) and thus have significant experience with firearms, having people who are not sworn SMPD officers be armed introduces additional risks including, but not limited to, potential fiscal or legal liabilities if there is an altercation
In recent years, we have seen conflicts between members of the public and armed private security guards escalate with tragic results such as the fatal shooting of a 24 year old woman in a San Francisco Walgreens over an alleged robbery (see : https://www.cbsnews.com/sanfrancisco/news/walgreensshooting-san-francisco-armed-security-guard/) How would we ensure that should there be any conflicts, the contracted private security would utilize de-escalation methods to reduce the risk of harm to the public, the private security team members, and all others who visit the Promenade?
How would the appearance of private security, and the knock-on effects of the tradeoffs, be perceived by visitors?
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
What will their uniforms look like and could that potentially confuse people with regards to who a visitor should approach for assistance with a safety issue (if individual stores have their own security or when there are SMPD officers present)?
Would the new private security at the expense of 16 DTSM Ambassadors improve or harm perceptions of the Promenade?
Given that DTSM Ambassadors do much more than just directing visitors and providing information, including helping to clean up litter, would the Promenade require increased janitorial services, additional way-finding signage, etc. to fill the roles that are currently served by the Ambassadors? Will the private security teams have the ability or capacity to communicate with service providers to help people who are unhoused and in need of assistance? While I am sure that there are many more questions and topics that will need to be discussed in order for you to make a thoughtful and well-informed decision, I hope that what I have laid out above is helpful to you as you discuss and deliberate the best path forward.

I am not opposed to trying new things and appreciate the DTSM Inc. board’s efforts to work towards creative solutions to improve the Promenade. I believe that hiring private security introduces more potential risks than potential rewards.

Thank you for your consideration.

Sincerely,
Natalya Zernitskaya
Natalya Zernitskaya (she/her)
[email protected]
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
From: George Gleason
To: councilmtgitems
Subject: Agenda Item 11A
Date: Tuesday, July 25, 2023 4:38:03 PM

EXTERNAL
Hello,
I live in Wilmont and strongly urge the council to approve the DTSM, Inc., budget, especially the component related to the pilot program for private security in Downtown Santa Monica. I've lived in Santa Monica for over a decade and Downtown is really struggling as a result of crime and issues with the unhoused. I am a big supporter of SMPD, and I am sure that the extra assistance from private security in providing compassionate responses to the unhoused population would be very helpful for SMPD in doing their jobs. We need investment from various groups throughout the U.S. in order to help facilitate the revitalization of DTSM, and when potential investment partners hear and see what's happening in Downtown Santa Monica, they are reluctant to invest here.

Thank You,
George
--
George Gleason
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023

MASTER SERVICES AGREEMENT
by and between

CITY OF SANTA MONICA
a municipal corporation
and
DOWNTOWN SANTA MONICA, INC.
a non-profit public benefit corporation
July 2023
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023

TABLE OF CONTENTS UPDATE
SECTION 1. DEFINITIONS. ................................................................................................... IV SECTION 2. TERM. ................................................................................................................. VI SECTION 3. ROLES AND RESPONSIBILITIES. ................................................................ VI

3.1. DTSM ROLES AND RESPONSIBILITIES. ........................................................................ VI

3.2. ADMINISTRATION OF CENTRAL BUSINESS DISTRICT AREA. ...................................... VIII

3.3. THE CITY’S ROLES AND RESPONSIBILITIES. .............................................................. VIII SECTION 4. ADMINISTRATION OF FUNDS .................................................................... XI SECTION 5. COMMUNITY AND CONSTRUCTION PROJECTS. .................................. XI

5.1. DOWNTOWN COMMUNITY PLANS. ............................................................................... XI

5.2. CAPITAL IMPROVEMENT PROJECTS. ........................................................................... XII SECTION 6. MAINTENANCE AND MANAGEMENT OF PUBLIC AREAS. ............... XII

6.1. GENERAL MAINTENANCE MATTERS. .......................................................................... XII

6.2. PUBLIC SAFETY SERVICES. .......................................................................................... XII

6.3. MANAGEMENT. ......................................................................................................... XIII SECTION 7. MANAGEMENT OF LEASEHOLD AND LICENSED SPACE................ XIV

7.1. MANAGEMENT OF LEASEHOLD SPACE AND LICENSED SPACE. .................................. XIV

7.2. GENERAL DUTIES AND RESPONSIBILITIES REGARDING LEASES AND LICENSES......... XIV

7.3. LEASE AND LICENSE EXECUTION. ............................................................................. XIV

7.4. MANAGEMENT OF LEASES AND LICENSES. ................................................................ XIV

7.5. ENFORCEMENT. ......................................................................................................... XIV

7.6. RULES AND REGULATIONS. ....................................................................................... XIV

7.7. DTSM NOT BROKER/AGENT. .................................................................................... XV

7.8. OTHER STRUCTURES CONSTRUCTED IN PUBLIC AREAS.............................................. XV

7.9. VENDING CART OPERATIONS. .................................................................................... XV

7.10. OUTDOOR DINING LICENSE AGREEMENTS. ................................................................ XV

7.11. GRANT OF LICENSE. ................................................................................................... XV

7.12. LICENSE AREA ACCEPTED “AS IS”. ............................................................................ XV

7.13. IMPROVEMENTS. ......................................................................................................... XV

7.14. NATURE OF LICENSE RELATIONSHIP. ......................................................................... XV

7.15. INGRESS AND EGRESS. ................................................................................................ XV

7.16. NONTRANSFERABLE LICENSES. .................................................................................. XV SECTION 8. ADVERTISING, PROMOTION, ENTERTAINMENT, AND SPECIAL EVENTS.................................................................................................................................. XVII

8.1. DTSM PROGRAMS. .................................................................................................. XVII

8.2. FILMING AND SPECIAL EVENTS. ............................................................................... XVII

8.3. SIGNS AND BANNERS. ............................................................................................... XVII

8.4. STREET PERFORMERS. ............................................................................................. XVIII ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
SECTION 9. REPORTING REQUIREMENTS. ............................................................. XVIII

9.1. ESTABLISHMENT OF WORK PLAN. ........................................................................... XVIII

9.2. THIS SECTION LEFT INTENTIONALLY BLANK ........................................... XVIII

9.3. ANNUAL REPORT..................................................................................................... XVIII

9.4. ANNUAL FINANCIAL REPORT. ................................................................................. XVIII

9.5. MISCELLANEOUS REPORTS AND INFORMATION. ........................................................ XIX SECTION 10. TERMINATION. ........................................................................................... XIX

10.1. TERMINATION UPON DEFAULT. ................................................................................. XIX

10.2. TERMINATION WITHOUT CAUSE. .............................................................................. XIX

10.3. REVERSION OF FUNDS AND PROPERTY. ..................................................................... XIX SECTION 11. AVAILABILITY OF CITY INFORMATION. ............................................ XX SECTION 12. PURCHASING AND OTHER MONETARY OBLIGATIONS FOR OPERATION OF THE DOWNTOWN. .................................................................................. XX SECTION 13. COMPENSATION. ......................................................................................... XX

13.1. ANNUAL BUDGET. ...................................................................................................... XX

13.2. FILMING AND SPECIAL EVENT FEES. ......................................................................... XXI

13.3. NO NAMING RIGHTS. ................................................................................................. XXI SECTION 14. DTSM OPERATING STANDARDS. .......................................................... XXI

14.1. BY-LAWS. ................................................................................................................. XXI

14.2. NONDISCRIMINATION. ............................................................................................... XXI

14.3. ACCOUNTING PROCEDURES. ..................................................................................... XXII

14.4. SUBCONTRACTORS. .................................................................................................. XXII

14.5. COMPLIANCE WITH LAWS AND MANAGEMENT PLAN. .............................................. XXII

14.6. COMPLIANCE MONITORING. .................................................................................... XXII SECTION 15. INSURANCE AND INDEMNIFICATION. ............................................. XXIV

15.1. INSURANCE REQUIREMENTS. .................................................................................. XXIV

15.2. INDEMNITY BY DTSM ........................................................................................... XXIV

15.3. THIRD PARTY INDEMNITY ...................................................................................... XXIV

15.4. ENFORCEMENT COSTS ............................................................................................ XXIV SECTION 16. MISCELLANEOUS. .................................................................................... XXV

16.1. INTEGRATED CONTRACT. ........................................................................................ XXV

16.2. DELEGATION AND ASSIGNMENT. ............................................................................. XXV

16.3. NOTICES. ................................................................................................................ XXVI

16.4. NO INTEREST IN PROPERTY. ................................................................................... XXVI

16.5. OTHER SERVICES. ................................................................................................... XXVI

16.6. APPROVALS. .......................................................................................................... XXVII

16.7. WAIVER. ................................................................................................................ XXVII

16.8. GOVERNING LAW. ................................................................................................. XXVII

16.9. COMPLIANCE WITH APPLICABLE LAW. .................................................................. XXVII

16.10. SURVIVAL OF PROVISIONS AND OBLIGATIONS ...................................................... XXVII

16.11. SEVERABILITY ....................................................................................................... XXVII ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023

16.12. VENUE AND JURSIDICTION .................................................................................... XXVII

16.13. INDEPENDENT PARTIES. ......................................................................................... XXVII

16.14. EXECUTION COUNTERPARTS. ................................................................................ XXVII

16.15. COST OF LITIGATION. ............................................................................................ XXVII

16.16. PERMITS AND LICENSES. ....................................................................................... XXVII

16.17. CITY PROPRIETARY CAPACITY. ............................................................................. XXVII

16.18. CAPTIONS AND HEADINGS. .................................................................................... XXVII

16.19. RECITALS AND EXHIBITS. ...................................................................................... XXVII EXHIBIT A – Downtown Map
EXHIBIT B – FY 23/24 DTSM Annual Work Plan and Budget (includes DTSM Management Plan Services and City Baseline Service Matrices)
EXHIBIT C – Insurance
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023

MASTER SERVICES AGREEMENT
This Master Services Agreement (“Services Agreement”), entered into this ____ day of ___________, 2023 (“Execution Date”), by and between the CITY OF SANTA MONICA, a municipal corporation (“City”), and the DOWNTOWN SANTA MONICA, INC. a non-profit public benefit corporation (“DTSM”), is made with reference to the following:

R E C I T A L S:

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. DTSM is a non-profit, public benefit corporation duly organized and validly existing under the laws of the State of California.

C. On December 3, 2004, the City and the Bayside District Corporation (“BDC”) entered into a Services Agreement approved by the City Council as Contract No. 8406 (CCS) (the “Original Agreement”) for the purpose of setting forth the role and obligations of the BDC in the administration of certain functions and programs in the City’s downtown business area.

D. On March 25, 2008, the City Council of the City approved a management district plan prepared by BDC following a two-year process, which included public input. This management district plan was the basis for an engineer’s report (“Engineer’s Report”) setting forth the mechanism for assessing property owners to raise funds to provide additional and enhanced services in Downtown PBAD. On July 24, 2008, a majority vote in favor of the proposed assessment was confirmed. City Council Resolution No. 10336 (CCS) was adopted, approving the management district plan and Engineer’s Report ordering formation of a property and business assessment district in Downtown PBAD, and authorizing the levy and placement of the assessments on the property tax rolls each year.

E. On May 20, 2009, the City and BDC entered into an Amended and Restated Services Agreement Number 9063 (CCS) (“Services Agreement”) to further define BDC’s and the City’s roles and obligations in administering certain functions and programs in the Downtown PBAD. This Services Agreement No. 9063 replaced and superseded the Original Agreement.

F. On or about April 22, 2010, the City and BDC entered into a (CCS) (“Maintenance Agreement”) to amend certain roles and responsibilities of the City and BDC for the BDC to assume responsibility for delivering the City’s preexisting base level custodial maintenance services in Parking Structures 1 through 6, 9, and 10, with the sole exception of restroom paper supplies, in exchange for the City assuming responsibility for certain enhanced levels of maintenance services on Ocean Avenue, Colorado Avenue, Broadway, Santa Monica Boulevard, Arizona Avenue, Wilshire Boulevard, 5th Street, 6th Street, and 7th Street within the boundaries of the Downtown PBAD.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
G. On September 14, 2010, and February 28, 2012, respectfully, the City Council approved a modification to the Maintenance Agreement to extend the term of the agreement and approve the FY 2010-2011 and FY 2011-2012 Work Plans. This Maintenance Agreement expired on or about September 10, 2012.

H. On or about January 27, 2011, BDC’s Board of Directors approved a name change for BDC to Downtown Santa Monica, Inc. (“DTSM”). DTSM subsequently revised its Articles of Incorporation and By-laws to reflect the name change.

I. On September 11, 2012, the City and DTSM entered into a Maintenance Services Agreement No. 9626 (“Second Maintenance Agreement”) for DTSM and the City to continue delivering exchange of maintenance services and ensure that district assessment funds would be used only to enhance maintenance services above baseline City-funded maintenance services.

The Second Maintenance Agreement would be renewed annually provided DTSM’s annual Work Plan was approved by City Council and the services provided by City and DTSM remained cost-neutral.

J. On or about August 28, 2012, the City and DTSM entered into a First Amendment to the Services Agreement (“First Amendment”) to reflect the name change.

K. On or about November 20, 2012, the City and DTSM entered into a Second Amendment to the Services Agreement (“Second Amendment”) to add a fifth disbursement date in each year of all assessment funds received and accounted for by the City.

L. On July 14, 2015, the City Council of the City adopted Resolutions No. 10895 (CCS) and No. 10896 (CCS) ordering the formation of two additional assessment areas, the Lincoln Boulevard Property Based Assessment District (“Lincoln PBAD”) and the Colorado Avenue Property Based Assessment District Overlay Zone (“Colorado Overlay Zone”), respectively; approving the management district plans and Engineer Reports for each assessment area, authorizing the levy and placement of assessments on the property tax rolls each year, and approving the City’s funding of general benefits associated with the new assessment areas.

M. On May 31, 2016, the City and DTSM entered into a Third Amendment to the Services Agreement (“Third Amendment”) to delegate certain responsibilities to DTSM regarding the administration of the Lincoln PBAD and Colorado Overlay Zone.

N. On March 6, 2018, the City Council of the City authorized the City Manager to negotiate and execute the renewal of the Services Agreement with DTSM for an additional ten (10) year term.

O. On March 21, 2018, DTSM’s property owners located within the Downtown PBAD affirmed, by majority vote, based upon the ballots returned, as weighted by ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
assessments to be paid, for the continuation of existing services and assessments for an additional ten (10) year term. Specifically, ballots were returned for 221 parcels, representing 67 percent of assessment dollars. Of the ballots returned, 91% of the property owners located within the Downtown PBAD voted in favor of preserving the Downtown PBAD.

P. On May 15, 2019, the City and DTSM entered into a Fourth Amendment to the Services Agreement (“Fourth Amendment”) to extend the term for an additional ten year period up through May 19, 2029. The Services Agreement, First Amendment, Second Amendment, Third Amendment, and Fourth Amendment may be collectively referred to as the “Services Agreement”.

Q. Between September 13, 2013, and October 11, 2022, the City and DTSM modified the Second Maintenance Agreement eleven times to: (1) extend the term of the agreement through December 2, 2023; (2) approve DTSM’s annual Budgets and Work Plans; (3) grant DTSM a license to use designated office and storage areas and shared restroom facilities in certain parking structures that are owned by the City to support DTSM’s performance of its obligations under the Second Maintenance Agreement; (4) provide additional compensation to DTSM for enhanced maintenance services benefitting City-owned property located at 612 Colorado Avenue; (5) modify and expand the location of the license areas that the City permitted DTSM to use; (6) authorize DTSM to temporarily use a surface parking area for staging of downtown holiday décor; and (7) provide that DTSM will comply with the all laws, ordinance, and rules, including the California Labor Code and Department of Industrial Relations rules and regulations.

R. On July 25, 2023, the City Council approved this Master Services Agreement to replace and supersede the Services Agreement and Second Maintenance Agreement for DTSM to continue to provide additional and enhanced services in Downtown Santa Monica per the terms of this Master Services Agreement and authorize DTSM to procure and provide private security services within the Downtown during a one-year pilot program. Accordingly, upon the Execution Date of this Master Services Agreement, the Services Agreement and Second Maintenance Agreement shall terminate and be of no further force or effect.

S. The purpose of this Master Services Agreement is to produce a strong and vibrant pedestrian-oriented downtown for the benefit of the City’s residents, customers, and visitors with the goal to contribute to the City’s economic vitality and create a community resource to enhance the quality of life for City residents and visitors. Toward that end, the City has invested public monies in streetscape and parking improvements, has established assessment districts to fund such improvements and the maintenance thereof, and has adopted various revitalization plans such as the Third Street Mall Specific Plan on August 12, 1986, as amended by the Bayside District Specific Plan on January 23, 1996 (“Bayside District Specific Plan”), and the Downtown Urban Design Plan adopted by City Council on July 22, 1997, the Downtown Community Plan adopted by Council in July 25, 2017 and amended in May 2023. In addition, in 2021 Council adopted the Third Street Promenade Stabilization and Economic Vitality Plan, which helped to inform subsequent zoning amendments for the Downtown and are reflected in the amended Downtown Community Plan.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
T. DTSM has expertise in planning, implementing, sustaining and managing the revitalization goals of the City and the City desires to continue to use the expertise and services of DTSM to develop, implement, and maintain various programs for the continued revitalization of Downtown Santa Monica. In furtherance of the goals recited above, the City desires to use the expertise and services of DTSM to develop, implement, and maintain various programs for the enhanced maintenance, marketing, and promotion to support the economic vitality, and provide for the public benefit of Downtown Santa Monica, as more specifically defined in Section 1.1(a), below.

U. The City further recognizes that in addition to the administration of such duties outlined above, the scope of DTSM’s duties may be expanded to cover other duties and activities such as developing, maintaining, and revitalizing the Downtown as may be funded by the City or other agencies through various business improvement areas, assessment districts, or other sources of revenue, and that DTSM may accept such funding or contracts, provided that the purpose of these funds or contracts falls within the general purpose of the continued revitalization and promotion of the Downtown.

V. City and DTSM recognize and acknowledge that Downtown Santa Monica is a valued asset of the City which should be developed, managed and maintained as a public resource. Accordingly, the City desires to assign certain responsibilities to DTSM as set forth herein, and DTSM desires to accept such responsibilities, based upon the terms and conditions set forth herein.

NOW, THEREFORE, it is mutually agreed by and between the parties as follows:

AGREEMENT
SECTION 1. DEFINITIONS.

1.1. The following words, terms and phrases shall have the following meaning in this Agreement:
a. “Downtown”, “Downtown Santa Monica”, “Santa Monica PBAD” or “Santa Monica Property Based Assessment District” means and refers collectively to the Downtown PBAD, Colorado Overlay Zone, and Lincoln PBAD, as shown on the “Property Based Assessment District Maps” attached hereto as Exhibit A to this Agreement. b. “Fiscal Year” means and refers to the operating year commencing on July 1 and ending on June 30.
c. “Leasehold Space” and “Licensed Space” means and refers to those portions of the City-owned public parking structures and Public Areas which are leased or licensed by City to third parties.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
d. “Mall Maintenance Fee” means and refers to the Third Street Promenade and Downtown District Operation and Maintenance Assessment Fee on business operators located within areas shown in Exhibit A, described as having the following boundaries: the mid-line of Wilshire Boulevard on the north, the mid-line of Broadway on the south, Fourth Court on the east and Second Court on the west, such boundaries having been established by adoption of Ordinance No. 1382 (CCS) on August 26, 1986, as amended by Resolution No. 7488 (CCS) on August 11, 1987, and Resolution No. 8026 (CCS) on May 22, 1990. e. “Management Plan” means and refers collectively to the plans prepared by DTSM and adopted by the City Council on March 26, 2008, for the Downtown PBAD, and on July 14, 2015, for the Lincoln PBAD and the Colorado Overlay Zone, setting for the details of funding sources for DTSM activities based on property assessments and details for programs to be funded with additional financial resources generated by the property based assessments. f. “Parking Structures Licensed Area” means and refers to collectively the office and storage areas and shared restroom facilities in that are located in the City owned parking structures depicted in the Work Plan attached hereto as Exhibit B to support DTSM’s performance of its obligations under its annual Work Plan that is approved by the City. g. “Pilot Program” means and refers to DTSM’s deployment of private security personnel for the Santa Monica PBAD as specified in the Work Plan attached hereto as Exhibit B. The Pilot Program automatically expires twelve (12) months after the deployment date that is identified in DTSM’s written notice to City notifying the City of the deployment date unless certain requirements are met to extend the Pilot Program pursuant to Section 6.2 of this Agreement.
h. “Public Areas” means and refers to those portions of the Downtown located within the physical boundaries thereof which are controlled and operated by the City and made available for the general use, convenience or benefit of the public including, but not limited to, public rights of way, access roads, driveways, alleyways, public restrooms, public parking sites, decking, stairways, and other similar areas.
i. “The Specific Plan” means and refers to that certain plan identified more specifically as the “Downtown Community Plan” adopted on July 25, 2017. j. “Downtown PBAD” means and refers to that certain Property Based Assessment District created by City Council Resolution No. 10336 (CCS), adopted on July 24, 2008, and as shown on the “Property Based Assessment District Maps” attached hereto as Exhibit A to this Agreement.
k. “Lincoln PBAD” means and refers to that certain Property Based Assessment District created by City Council Resolution No. 10895 (CCS), adopted on July 14, 2015, and as shown on the “Property Based Assessment District Maps” attached hereto as Exhibit A to this Agreement.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
l. “Colorado Overlay Zone” means and refers to that certain benefit zones within the Downtown PBAD, created by City Council Resolution No. 10896 (CCS), adopted July 14, 2015, and as shown on the “Property Based Assessment District Maps” attached hereto as Exhibit A to this Agreement.

SECTION 2. TERM.

The term of this Agreement shall commence on the Execution Date of this Agreement and continue up through May 19, 2029, unless earlier terminated pursuant to Section 10 of this Agreement or extended by the parties in writing pursuant to an amendment executed by the parties. Upon the Execution Date of this Master Services Agreement, this Agreement will replace and supersede the Services Agreement and Second Maintenance Agreement and these agreements shall terminate and be of no further force or effect.

SECTION 3. ROLES AND RESPONSIBILITIES.

3.1. DTSM Roles and Responsibilities.

DSTM shall be dedicated to promoting the continued economic revitalization of the Downtown through the sponsorship, support and production of programs, projects and services that benefit Santa Monica residents, Downtown merchants, property owners, customers and visitors. Without limiting the generality of the foregoing, and to the extent these duties are funded by the various business improvement areas, contracts, and other sources of funding received, DTSM shall be responsible for:
a. Organizing, advising, and/or conducting marketing and advertising campaigns and concierge programs for the benefit of the Downtown; b. Organizing, advising, and/or conducting promotions and special events that attract and benefit local residents, customers, and visitors to the Downtown; c. Assisting the City by (i) coordinating the delivery of City-funded maintenance equal in commitment to the level of service described in the matrix included in the Work Plan attached hereto as Exhibit B and provided by the City as of the Execution Date of this Agreement for the repair and service of the streetscape, public areas and other public improvements within the Downtown, and (ii) providing enhanced levels of services, over and above what the City provides as described in clause (i) above, decided after consultation with the City, to be funded through the assessment revenues generated from the Mall Maintenance Fee and the Santa Monica PBAD. The enhanced level of maintenance services that DTSM will provide include custodial maintenance services that were previously performed by the City in the City owned parking structures as set forth in the Work Plan attached hereto as Exhibit B. d. Providing advice and recommendations to the City regarding long-term planning and zoning issues, preferred retail mix, streetscape and capital improvement projects, public ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
parking projects, signage, specific discretionary planning and zoning cases, and developmental strategies in order to enhance the economic vitality of the Downtown; e. Assisting new and existing businesses by providing real estate and other economic information, identifying sites, and providing information about the development process;
f. Assisting the City in managing the Downtown vending cart license program; g. Advising the City on operational issues related to the Downtown upon City’s request, from time to time;
h. Coordinating with the City on filming, photo shoots and special events in the Downtown, and collecting Film and Special Event Fees, as approved by the City; i. Upon City’s written request, monitoring the street performer program in the Downtown;
j. Advising merchants, property owners, and others having a business interest in the Downtown on common matters of interest;
k. Serving as a liaison with City on behalf of merchants, property owners, and the general public on issues affecting the continued vitality of the Downtown; l. Providing information and cooperating with other local governments and professional organizations regarding activities or current operations of the Downtown; m. Upon request of merchants, property owners, or residents within the Downtown, making recommendations to the City about additional services needed in the Downtown and methods for funding, that are not provided for by the assessment districts and business improvement areas in place as of the date of this contract; n. Preparing annually a Work Plan, Annual Report, and Audited Financial Statement to be submitted and approved by City Council;
o. Administering or providing services and activities for the Downtown as set forth in the approved work plans pursuant to Section 9.1, below; p. Managing an ambassador program that deploys resources within Downtown Santa Monica to that may provide information to visitors about activities, sites and points of interest within the Downtown, and monitors public facilities within the Downtown, provided the ambassadors are clearly not identified as representatives of the City or any law enforcement agency of the City, and do not assume any law enforcement responsibilities; q. At its sole expense, maintaining the Parking Structures Licensed Area, and the Improvements identified in Section 7.13 of this Agreement, in a clean and orderly condition, ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
clean the Parking Structures Licensed Area and the Improvements on a regular basis, and make repairs that may be required by the City. Upon expiration or earlier termination of this Agreement, DTSM must return the Parking Structures Licensed Area and all its improvements to the City in as good as condition as they were on the date that the Parking Structures Licensed Area was first granted on June 30, 2014, under the Second Maintenance Agreement, less reasonable wear and tear. If DTSM does not keep the Parking Structures Licensed Area, and the Improvements, in good repair or fails to correct any condition within forty-eight (48) hours after being notified in writing by the City, then the City may enter the Parking Structures Licensed Area and remedy the conditions and charge the cost thereof to DTSM; and r. Procuring and directly contracting with private security personnel that will be deployed for the one-year Pilot Program provided that the security personnel are clearly not identified as representatives of the City, or any law enforcement agency of the City, and do not assume any law enforcement responsibilities as specified in Section 6.2 of this Agreement.

The expected level of service to be provided within the Downtown will be defined annually in the Work Plan as further described in Section 9, below. DTSM shall have no obligation to provide services to any area outside of the Downtown area except as specifically approved by the City and DTSM in writing.

3.2. Administration of Central Business District Business Improvement Area. a. Ordinance No. 725 (CCS), amended by Ordinance No. 1228, established the Downtown Parking and Business Improvement Area, also known as the Central Business District Business Improvement Area, to provide for the levy of a special assessment on retail businesses for the general promotion of retail trade activities in the area. DTSM has undertaken responsibility for the general promotion of retail trade activities in the Central Business District Business Improvement Area.
b. Until elimination of the Central Business District Business Improvement Area as contemplated by the Management Plan, Section VI, DTSM shall continue to undertake responsibility for the general promotion of retail trade activities as specified by Section 3 of Ordinance No. 725 (CCS), and amended by Ordinance No. 1228. These promotional activities and their related costs shall be segregated in the Work Plan from other activities of DTSM. c. DTSM agrees that all funds received from the City for implementation of this Section shall be subject to separate accounting and shall comply with the requirements of Sections 4 and 14 of this Agreement. All funds received pursuant to this Section shall be exclusively expended for the general promotion of retail trade activities which benefit the entire Downtown, save and except the sum of up to 20% thereof, which may be retained by DTSM for administrative overhead. DTSM shall be liable to the City for any and all expenditure of funds contrary to this Agreement.

3.3 The City’s Roles and Responsibilities.

The City shall support DTSM in its stated role and responsibilities, and shall be responsible for:

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
a. Delivery of City-funded maintenance equal in commitment to the level of service described in the matrix included in the Work Plan attached hereto as Exhibit B, and other municipal services to the extent that funds are available to the City; b. Funding of approved projects and programs for the Downtown, in such amounts as the City, in its sole discretion, determines necessary and appropriate; c. Design, construction, management and maintenance of capital projects, which shall be the subject of consultation with DTSM to the extent the same may affect the responsibilities of DTSM under this Agreement;
d. Processing and approving permits as specified by applicable law; e. In its role as property manager, negotiating and administering the leases and licenses for the City’s Leasehold and Licensed Space within the Downtown; f. Seeking advice from DTSM on those items identified in Section 3.1 above so that the City may avail itself of the knowledge and expertise of DTSM in its advisory role on behalf of the Downtown;
g. Provide written notification to DTSM when applications are sought for various private activities within the Downtown, including, but not limited to filming, special events, and for projects requiring Planning Commission review, Architectural Review Board applications, and certain construction-related projects which may have an impact on the Downtown, such as construction for exterior work, public works, and other street use projects or activities; h. Employee Parking. The City agrees to use its best efforts to provide parking passes, permits, or keycards to DTSM to be used by DTSM”s employees, board members, and the downtown ambassadors and private security services subcontracted by DTSM. DTSM shall ensure that its employees, board members, and downtown ambassadors and security service subcontractors park their vehicles only in such areas designated by the City and for the purpose of supporting DTSSM’s performance of its obligations under this Agreement. DTSM acknowledges and understands that the City is under no obligation whatsoever to provide parking to DTSM, and the City may at any time and at the City’s sole discretion, reduce the number of parking passes, permits, or keycards provided, change the designated parking areas, or otherwise restrict or revoke any parking privilege given by the City to DTSM under this Agreement. In addition, the City reserves the right to charge DTSM a fee, the amount of which may be determine by the City in its sole discretion, for DTSM’s use of parking passes, permits, or keycards;
i. License to use Parking Structures. The City agrees to permit DTSM to use the Parking Structures Licensed Area. DTSM acknowledges and understands that the City is under no obligation whatsoever to permit DTSM to use the Parking Structures Licensed Area, and the City may, at any time, and at the City’s sole discretion, modify or reduce the Parking Structures Licensed Area, or otherwise restrict or revoke the Parking Structures Licensed Area, or any other ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
privilege, given by the City to DTSM under this Agreement. In addition, the City reserves the right to charge DTSM a fee, the amount of which may be determine by the City in its sole discretion, for DTSM’s use of the Parking Structures Licensed Area; j. City, by and through its Public Works Department, agrees to perform certain enhanced levels of maintenance within the boundaries of the Santa Monica PBAD that are more fully set forth in the attached Work Plan attached hereto as Exhibit B. City will make available to DTSM any currently existing documents, data, or information pertinent to these services and promptly examine and render findings on any and all documents submitted for staff review by DTSM;
k. Appoint member to DTSM’s Board of Directors;
l. Approve DTSM’s Annual Work Plan and Budget provided City is in agreement with proposed Annual Work Plan and Budget; and
With respect to City responsibilities provided pursuant to Subsections i and j above, the parties acknowledge that because the mutual exchange of maintenance services is revenue neutral, no compensation will be provided to DTSM by City, and no compensation will be provided by DTSM, for those maintenance services to be performed by each respective party as set forth hereunder. In the event that the cost to perform the services provided by DTSM hereunder exceeds the level of funding that the City provided for such base level custodial maintenance services for the Parking Structures Licensed Areas, the difference in cost shall be borne solely be DTSM. DTSM is not responsible for additional costs of any City services to be performed by City pursuant to Subsections i and j, unless mutually agreed to by the parties in writing.
m. Payment to DTSM of the following funds:
(i) all funds received pursuant to adoption of Resolution No. 10336 (CCS) on July 24, 2008, establishing the Downtown PBAD, and authorizing levy of property-based assessments, after deduction of an administrative fee to be retained by the City in an amount equal to $95.90 per parcel, increased annually by the CPI for the Los Angeles-Long Beach area, subject to the requirement that the CPI adjustment not exceed 5% nor be lower than 2% in any one year, to cover City’s costs in administering and collecting the assessments;
(ii) all funds received from the Mall Maintenance Fee, originally established by Ordinance No. 1382 (CCS) on August 26, 1986, less an administrative fee to be retained by the City in an amount equal to 1.27% of the Mall Maintenance Fee collected to cover City’s costs in administering and collecting the Mall Maintenance Fee.
(iii) all funds received from the Central Business District Business Improvement Area pursuant to Ordinance No. 725 (CCS), as amended by ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Ordinance No. 1228 (CCS), less an administrative fee to be retained by the City in an amount equal to 5%, which shall be retained by City to cover costs of collection and administration;
(iv) all funds received pursuant to adoption of Resolution Nos. 10895 (CCS) and 10896 (CCS) on July 14, 2015, establishing the Lincoln PBAD and the Colorado Overlay Zone, respectively, and authorizing levy of property-based assessments, after deduction of an administrative fee to be retained by the City in an amount equal to $95.90 per parcel, increased annually by the CPI for the Los Angeles-Long Beach area, subject to the requirement that the CPI adjustment not exceed 5% nor be lower than 2% in any one year, to cover City’s costs in administering and collecting the assessments;
(v) all funds related to the annual payment of general benefit for the properties within the boundaries of the Lincoln PBAD and Colorado Overlay Zone as set forth in the Engineer’s Reports; and
(vi) City will disburse to DTSM all funds received and accounted for as of December 31, February 28, May 31, August 31, and September 30 of each year, within 21 days after the aforementioned dates, for the Downtown PBAD assessment, Mall Maintenance Fee, Central Business District Business Improvement Area fee, Colorado Overlay Zone, Lincoln PBAD assessment, and general benefits, less the applicable administrative fee, and less any reimbursements that may have been made to assessees or fee payers to correct incorrect assessments. The City will include with the disbursements a report that clearly explains how much was collected for each fee, the amount of the administrative fee and reimbursements that were deducted from the disbursement, for the benefit of DTSM’s budget planning and program administration.

SECTION 4. ADMINISTRATION OF FUNDS
DTSM agrees that all funds received from the City for implementation of this Agreement shall comply with the requirements of Section 14 of this Agreement. DTSM shall render a full and accurate accounting for the expenditures annually. DTSM shall be liable to and shall reimburse the City for any and all expenditure of funds contrary to this Agreement.

SECTION 5. COMMUNITY PLANS AND CONSTRUCTION PROJECTS.

5.1. Community Plans.

DTSM may gather public input and make recommendations to the City regarding land use, circulation, design and other policies and community plans that affect the Downtown.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023

5.2. Capital Improvement Projects.

DTSM may make recommendations to the City for capital improvements to be constructed in the Downtown.

SECTION 6. MAINTENANCE AND MANAGEMENT OF PUBLIC AREAS.

6.1. General Maintenance Matters.

DTSM shall report to the City any maintenance and repair problems falling within the City’s jurisdiction, which DTSM becomes aware of or observes. Effective upon the Execution Date of this Agreement, the City will continue to provide maintenance-of-effort and base level services equal in commitment level to the services provided by the City as of the Execution Date of this Agreement for the repair and service of the streetscape, public areas and other public improvements within the Downtown as described in the Work Plan attached hereto as Exhibit B, and to the extent that funds are available to the City. The City shall undertake any regular maintenance and repair work it deems necessary at its discretion. The City shall undertake to advise DTSM, where possible, of any non-routine maintenance projects so that DTSM may assist in the coordination of such projects with the day-to-day operation of the Downtown.

DTSM shall directly provide supplemental and enhanced maintenance services and programs throughout the Downtown to the extent funds are available through Mall Maintenance Fees and property-based assessments for the purposes described in section 3.1 of this Agreement.

DTSM and City shall coordinate such additional maintenance services and the City base level services to avoid operational conflicts. DTSM may retain vendors or subcontractors for such supplemental maintenance services. DTSM and City staff will cooperate to prepare an annual plan that will describe in detail the base and enhanced services for the upcoming year. DTSM and City will meet and confer on a regular basis to ensure that all services are being delivered in a coordinated manner and in accordance with high standards for cleanliness and efficiency.

DTSM shall ensure that its subcontractors adhere to the same standards of sustainable maintenance practices as are followed by City maintenance.

6.2. Public Safety Services.

DTSM may advise the City with respect to any safety or security issues within the Downtown. The DTSM may, at its election, retain or provide private security personnel, street performer monitors, ambassador services, and concierge services (collectively, “security personnel”) for the benefit of Downtown visitors using the revenues generated by the Mall Maintenance Fees and property-based assessments described herein, or from other revenue sources for these purposes.

DTSM will not deploy security services in the Downtown after the expiration of the Pilot Program unless, pursuant to the California Streets & Highways Code section 36636, the City modifies the management district plans for the assessment districts located within the Santa Monica PBAD in which security personnel will be deployed. Such modifications are necessary ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
to, among other things, identify security services as an activity and the level of security services, that will be funded with the revenue collected from the levy of assessments for these districts. In the event that DTSM intends to deploy security services after the expiration of the Pilot Program within the Downtown, then no later than One Hundred and Twenty (120) days prior to the expiration of the Pilot Program, DTSM will provide the City a written request that the City modify the management district plans for the assessment districts in which security personnel will be deployed. DTSM understands and acknowledges that California Streets & Highways Code section 36636 requires that the City comply with noticing requirements to notify each business or property owner affected by the proposed modifications and that the City Council hold a public hearing prior to modifying management district plans. In the event that such modifications to the management district plans are not adopted by the City prior to the expiration of the Pilot Program to permit the continued deployment of private security services in Downtown, DTSM agrees that it will cease its deployment of the private security services in Downtown upon expiration of the Pilot Program.

During special events, DTSM may also hire personnel to serve as ushers or monitors with prior written approval of the Santa Monica Police Department. Such ushers or monitors may be in uniform but shall not hold themselves out to be agents, employees, or independent contractors of the City.
a. Limitation on Duties of Security Personnel. Security personnel that DTSM deploys to service the Santa Monica PBAD shall have no ability to exercise any police functions, and security personnel duties shall be limited to performing security personnel services, including observing and reporting potential crimes to the Santa Monica Police Department.

Additionally, DTSM shall ensure that any security personnel retained and provided by DTSM do not interfere with the operations of the Santa Monica Police Department. b. City Not Responsible for Directing Means and Methods of Security Personnel. DTSM understands, acknowledges, and agrees that City shall not be responsible for directing means and methods of security personnel functions and duties that are performed for the Pilot Program or extension thereof. DTSM acknowledges, understands, and agrees that security personnel retained or provided by DTSM shall not be deemed as agents, employees, or independent contractors of the City, and security personnel shall not hold themselves out to be agents, employees, or independent contractors. DTSM represents that all of DTSM’s subcontractors that will provide security personnel for the Downtown, possess the training, qualifications, and ability to perform the security services in a professional manner, without the advice, control, direction, or supervision of City, including its Santa Monica Police Department. c. Compliance with Santa Monica Municipal Code. Security personnel shall comply with Santa Monica Municipal Code section 3.36.140 at all times while performing its functions and duties.

6.3. Management.

DTSM may assist in and make recommendations to City for the day-to-day management, operation and programming of the Public Areas.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
SECTION 7. MANAGEMENT OF LEASEHOLD AND LICENSED SPACE.

7.1. Management of Leasehold Space and Licensed Space.

DTSM may advise the City regarding uses and operations of prospective or existing tenant or licensees in Leasehold Space or License Space. All recommendations from DTSM to the City on leases and licenses shall follow the guidelines set forth in the most current Leasing Guidelines approved by the City. Upon finalization of any agreement, DTSM shall advise and assist the tenant and the City with any future leasing issues as they arise.

7.2. General Duties and Responsibilities Regarding Leases and Licenses.

DTSM may advise the City regarding recruitment of new tenants or licensees for any available Leasehold Space or License Space within Downtown. DTSM may assist the City on an as-needed basis in the monitoring of conditions of the lease or license. As requested by the City, DTSM may serve as a liaison between the City and the tenants and licensees with respect to resolution of disputes.

7.3. Lease and License Execution.

City shall review with DTSM the uses, terms, and conditions of any new or amended lease or license for any City-owned property or Public Areas within the Downtown. All leases and licenses shall be consistent with the most current Leasing Guidelines, as they now exist or as amended from time to time in the future. After review, all such leases and licenses shall be entered into by the City pursuant to the execution procedures set forth in Santa Monica Municipal Code §2.32.030 et seq.

7.4. Management of Leases and Licenses.

The City shall maintain the original signed leases and licenses in the Clerk’s Office with copies forwarded to DTSM.

7.5. Enforcement.

City shall have complete authority and responsibility in the enforcement of all leases and licenses in the Downtown. Such enforcement shall include, but not be limited to, collection of rental amounts owed to the City, enforcement of other lease or license requirements, declarations of any default, termination, and bringing or defending any litigation arising from a lease or license dispute.

7.6. Rules and Regulations.

From time to time, DTSM may recommend to the City such rules and regulations or such revisions to Leasing Guidelines with respect to the Leasehold Space and Licensed Space as will provide for the orderly operation of Downtown Santa Monica consistent with this Agreement, and which will provide for a harmonious relationship between tenants, licensees, City, and DTSM.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023

7.7. DTSM Not Broker/Agent.

It is specifically understood and agreed that DTSM is not acting as a real estate broker or agent. DTSM’s relationship with City is that of an advisor, planner, and facilitator, and not that of a property manager or any other party who performs any service for which a real estate broker’s or salesperson’s license is required pursuant to the California Business and Professions Code.

7.8. Other Structures Constructed in Public Areas.

Neither DTSM nor any private person or entity shall be entitled to erect structures or improvements on the Public Areas with the exception of tenant or licensee improvements authorized pursuant to a City approved lease or license agreement pertaining to the Leasehold Space or Licensed Space. No alterations may be made to any City-constructed Leasehold Spaces, including the retail pavilion structures on the Third Street Promenade without City’s prior written approval. Nothing in this Section prohibits DTSM from placing temporary installations or decorations consistent with the roles and responsibilities of DTSM under this Agreement, provided, however, that permits required under the Santa Monica Municipal Code first shall be obtained as applicable.

7.9. Vending Cart Operations.

DTSM may advise and assist City in the management of the vending cart operations in the Downtown, including vending cart operations authorized on the Third Street Promenade and other Downtown vending cart activities authorized under S.M.M.C. Section 6.36.070, vending cart leasing guidelines, if any, and as amended, and agreements approved by the City. City may, at its sole discretion, authorize DTSM to directly manage such vending cart operations as the designated Administrator.

7.10. Outdoor Dining License Agreements.

The City, through approved License Agreements, may in its sole discretion allow licensees to operate outdoor dining areas in the public right-of-way at certain locations within the Downtown in accordance with City ordinances. City shall advise DTSM of these outdoor license agreements and seek DTSM’s input. At City’s request, DTSM may monitor performance of outdoor dining in accordance with the License Agreement.

7.11. Grant of License.

The City hereby grants to DTSM a revocable license for DTSM to enter and use particular office and storage areas and shared facilities in the Parking Structures Licensed Areas, at no cost to DTSM, as designated in the Work Plan attached hereto as Exhibit B, which may be modified by the City in writing from time to time, and additional areas may be identified and approved in writing by the City. Utility services (excluding telecommunications) for the Parking Structures Licensed Areas will also be provided by City. DTSM agrees to utilize the designated office and storage areas in the Parking Structures Licensed Areas to perform DTSM services pursuant to this Agreement.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023

7.12. License Areas Accepted “As Is”.

DTSM has inspected and accepts the Parking Structures Licensed Areas and any existing improvements and facilities on the Parking Structures Licensed Areas “AS IS, in their present condition, and without representation or warranty by the City as a condition of the Parking Structures Licensed Areas or any present or future stability of the Parking Structures Licensed Areas. The City is not required to make any changes, alterations, additions, improvements or repairs in or about the Parking Structures Licensed Areas during the term of this Agreement.

DTSM may not make any changes to the Parking Structures Licensed Areas without the prior written consent of City. All approved changes will be at DTSM’s sole expense.

7.13. Improvements.

The City and DTSM acknowledge that DTSM has installed a storage cage on Level B2 and Level B3 of Parking Structure 6 within the Parking Structures Licensed Area (collectively “Improvements” as designated in Exhibit B attached hereto.). The Improvements and their use must be consistent with the Work Plan approved by City under this Agreement and will be deemed to be DTSM’s personal property for the term of this Agreement and any extension thereof. DTSM may not make any changes to the Improvements without the prior written consent of the City. No other furnishings or fixtures may be installed in such a manner as to become permanently affixed to or a part of the Parking Structures Licensed Area. The City reserves the right to order the removal or alteration of any Improvements that are not consistent with City requirements. Upon the expiration or earlier termination of this Agreement, the Improvements shall become the property of the City; or, the City may require DTSM to remove any Improvements. In removing any Improvements, DTSM must restore the Parking Structures Licensed Area and repair any damage caused by such removal. Any installation or removal of, or changes to, the Improvements under this paragraph will be at DTSM’s sole expense.

7.14. Nature of License Relationship.

It is understood and agreed that the conditional and limited licenses to use Parking Structures Licensed Areas granted by this Agreement does not constitute an estate or interest in real property, but is merely a conditional, limited right to enter upon and use the Parking Structures Licensed Areas. Neither this Agreement, or action, failure to act, statement, representation, recognition, certificate, approval, or permit issued by the City, or its representatives, agents, employees, attorneys, or assigns, shall create, confer, or convey any vested or nonconforming right or benefit regarding the Licensed Areas. The relationship between City and DTSM with respect to Parking Structures Licensed Areas is solely that of licensor and licensee and not of landlord and tenant or easement grantor and easement grantee, or any other relationship. Notwithstanding any action of either party in the future, under no circumstances will the license granted herein ripen into either a lease or an easement, whether under a claim of prescriptive easement or otherwise.

17.15. Ingress and Egress.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
The City reserves the right to enter upon the Parking Structures Licensed Areas at any time during the term of this Agreement, and will provide at least 24 hours’ advance notice of entry, unless an emergency or other exigent circumstances preclude such advance notice. The City may remove DTSM from the use of the Parking Structures Licensed Areas, at any time and without notice to DTSM, if such removal by the City is necessitated by an emergency pertaining to the public health, safety or welfare of any person, which determination will be made in the City’s sole discretion.

17.16. Nontransferable Licenses.

The license rights granted to DTSM under this Agreement are non-transferable. DTSM is prohibited from assigning any of its interests to the Parking Structures Licensed Areas to any other party or parties without the City’s prior written consent. Any attempt to do so will be null and void, and any purported assignee or transferee will acquire no right in the Parking Structures Licensed Areas.

SECTION 8. ADVERTISING, PROMOTION, ENTERTAINMENT, AND SPECIAL EVENTS.

8.1. DTSM Programs.

DTSM shall be responsible for development and implementation of various advertising, promotional, entertainment, and special event programs which will enhance the pedestrian enjoyment, commercial operation and aesthetic quality of the Downtown, as well as support and enhance the Downtown’s commercial, retail and entertainment qualities. DTSM may manage temporary holiday or special events and installations subject to compliance with the permit requirements of applicable law.

8.2. Filming and Special Events.

DTSM shall facilitate filming and special event activities in the Downtown. Such filming and special event activities shall be in accordance with the permit requirements of applicable law, the City’s Community Event Management Plan or other such special event regulations as the City may, from time to time, adopt and shall not be amended without prior written approval of City. DTSM shall recommend a schedule of commercially reasonable fees and charges for filming and special events, subject to approval by the City. The City shall consult and coordinate with DTSM prior to selecting the Downtown as a venue for a special event.

8.3. Signs and Banners.

DTSM shall also have the right and authority to display signs or banners, or other similar items, as provided in the Specific Plan and in compliance with applicable law, to advertise promotional programs or otherwise generally to promote the Downtown. Any such signs or banners shall be subject to all applicable City ordinances, laws, rules and regulations.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023

8.4. Street Performers.

DTSM shall advise and make recommendations to City regarding street performers in the Downtown. Such advice and recommendations may pertain to the promulgation of regulations governing time, place and manner restrictions for street performers, the administration of street performer regulatory programs, the administration of street performer monitor programs, and enforcement of such street performer regulations that the City may, from time to time, adopt.

SECTION 9. REPORTING REQUIREMENTS.

9.1. Establishment of Work Plan.

DTSM shall prepare an annual operational, programmatic and development plan (known as the “Work Plan”) and budget (“Budget”) for implementation of DTSM’s roles and responsibilities set forth in Section 3 of this Agreement. Such Work Plan and Budget shall describe in detail the activities and services to be performed by DTSM, with corresponding expenditures and revenues. These programs shall take into account the different funding sources anticipated, and may change from year to year. The Work Plan shall also describe the enhanced maintenance that DTSM will provide in that fiscal year. In preparing the Work Plan, staff from the City and DTSM shall meet and confer to coordinate the roles and responsibilities set forth in Section 3 of this Agreement. The services provided by DTSM and the City, respectively, must remain revenue neutral and consistent with the Management Plan for Downtown PBAD and Streets and Highways Code section 36625. DTSM shall submit the Work Plan and Budget to the City Manager for the City’s review at least ninety (90) days prior to commencement of each fiscal year. This annual Work Plan is required to be submitted to and approved by the City as contemplated by Streets and Highways Code section 36650. DTSM shall consider and reasonably incorporate into the Work Plan and Budget recommendations made by the City.

9.2. THIS SECTION LEFT INTENTIONALLY BLANK

9.3. Annual Report.

DTSM shall submit an Annual Report to City within one hundred and twenty (120) days of the end of DTSM’s fiscal year. The Annual Report shall include a status discussion concerning (i) the operation of the Downtown; (ii) the various programs conducted by DTSM in connection with the Downtown and this Agreement, including reports concerning programs and uses of funds; (iii) the accomplishment of objectives contained in the prior year’s Work Plan; and (iv) any other matters connected with the Downtown or within DTSM’s knowledge which have a material impact on the Downtown or the purposes or performance of this Agreement.

9.4. Annual Financial Report.

An audited annual financial report shall be prepared by DTSM in such form as required by the City’s Director of Finance and shall be submitted within one hundred and twenty (120) days of the end of DTSM’s fiscal year.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023

9.5. Miscellaneous Reports and Information.

DTSM shall deliver to City copies of all notices, agendas, and minutes of DTSM’s Board of Directors meetings, quarterly financial reports of expenditures, annual reports of all programs and promotional activities, and any other information requested by City promptly upon request.

In addition, DTSM shall prepare, from time to time, reports on such other matters relating to its responsibilities as City may reasonably request.

SECTION 10. TERMINATION.

10.1. Termination Upon Default.

In the event DTSM fails or refuses to perform any of its obligations hereunder, at the time and in the manner required by this Agreement, the City shall provide DTSM with written notice of default and the steps necessary to cure such default. DTSM shall cure such default within thirty (30) days from the date of written notice from the City. If, however, the default cannot reasonably be cured within said thirty (30) days, the City may extend the time for cure.

In the event DTSM fails to cure in a timely manner, the City may exercise any remedies available under law or equity, including but not limited to:
a. Terminate this Agreement immediately by giving DTSM written notice thereof. b. City may take steps to cure the default and, to the extent permissible, recover costs incurred due to the default by retaining said costs from assessments collected by the City from property and business owners.

Exercise of either of the above remedies by City shall in no way limit City’s exercise of any other remedies existing at law or in equity.

10.2. Termination Without Cause.
a. Either party may terminate this Agreement immediately if the Santa Monica PBAD is dissolved pursuant to applicable state law upon written notice to the other party. b. DTSM may terminate this Agreement without cause, at anytime, during the term of the Agreement upon six (6) months’ written notice to the City.

10.3. Reversion of Funds and Property.

Upon termination of this Agreement, DTSM shall immediately convey to City all unspent funds within DTSM’s possession or control, whether such funds were originally from City or from other sources, together with an accounting of all financial obligations of DTSM at the time of termination. All furniture, equipment and supplies, and all other assets of DTSM, shall revert to the City at the termination of this Agreement.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
SECTION 11. AVAILABILITY OF CITY INFORMATION.

Upon reasonable notice, the City will make available to DTSM all public documents at its disposal reasonably required to fulfill the purposes and intent of this Agreement, including census data, property ownership records, copies of maps, studies and professional consultant and City staff reports relevant to the Downtown. In addition, City shall make available to DTSM planning and marketing studies and economic analyses which affect the Downtown. DTSM shall have access to public records regarding any proposed development in the Downtown, or any development which would restrict vehicular or pedestrian access to the Downtown or otherwise materially affect the operation or management of the Downtown. Additionally, the City shall, upon reasonable notice, make available to DTSM non-confidential information concerning costs and revenues attributable to Downtown area facilities and programs available to DTSM.

SECTION 12. PURCHASING AND OTHER MONETARY OBLIGATIONS FOR OPERATION OF THE DOWNTOWN.

DTSM shall be solely responsible for costs and expenses incurred in connection with the satisfaction of its obligations under this Agreement, including, but not limited to, salaries, insurance and payroll taxes for its employees. DTSM shall also bear all costs for programmatic activities identified in the annual Work Plan and annual Budget, including, but not limited to, marketing, promotions and special events. However, DTSM shall not be responsible for payment of any property taxes, insurance, assessments or other costs associated with the ownership or operation of real property or the Public Areas of the Downtown, except as may be specifically required to be paid by DTSM pursuant to this Agreement or its annual budget, as approved by the City.

SECTION 13. COMPENSATION.

13.1. Annual Budget.

After deduction of administrative fees and any reservations for refunds owed to assessees or fee payers, as provided in this Agreement, City will provide DTSM the balance of assessment and fee revenues generated by businesses and property owners within the Downtown for purposes of performing services pursuant to this Agreement. Use of the funding shall be consistent with the Annual Plan required hereunder. Nothing herein shall be deemed to obligate the City to fund any specific amount of money for DTSM.

Consistent with the requirements of this Agreement and local, state and federal laws, as well as DTSM’s conflict of interest requirements, nothing in this Agreement shall otherwise preclude DTSM from accepting contracts or funding from various business improvement areas, assessment districts, private sponsorships for events or other sources of revenue. DTSM may accept such funding or contracts, provided that the purpose of these funds or contracts falls within the general purpose of the continued revitalization and promotion of the Downtown and is consistent with the purposes and intent to this Agreement.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023

13.2. Filming and Special Event Fees.

DTSM shall have the right and authority to collect filming and special event location fees in accordance with a fee schedule established by DTSM and approved by the City for filming and special events occurring Downtown. All film application fees shall be retained by the City.

DTSM shall provide the City with an accounting of all filming and special event fees collected as part of the annual DTSM budget.

13.3. No Naming Rights.

Nothing in this Agreement is intended to permit DTSM to allow any person, including any corporation to have the right to have his, her, or its name associated with the Downtown.

This Section shall not apply to sponsors of special or temporary events conducted pursuant to and consistent with the current Work Plan.

SECTION 14. DTSM OPERATING STANDARDS.

14.1. By-Laws
a. DTSM has adopted By-laws approved by City governing its operations, including procedures for amendment of said By-laws. Under the By-laws approved by the City on January 13, 2009, the By-laws may not be amended or repealed without prior written approval of at least seven (7) Directors. A copy of the By-laws is on file in the offices of DTSM. b. As a condition precedent to the effectiveness of this Agreement, DTSM shall amend its By-laws to provide that a person shall not qualify nor remain as a Director, if that person is an agent, representative, employee or volunteer of the owner of property or the owner of property not current in payment of special or general benefit assessments, fees or licenses imposed within the Downtown.

14.2. Nondiscrimination.

DTSM certifies and agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, sex, marital status, age, sexual orientation, disability or condition of having AIDS, in accordance with the requirements of local, state and federal law. DTSM also agrees that it will provide equal opportunity to all employees and applicants without regard to race, color, religion, national origin, ancestry, sex, marital status, age, sexual orientation, disability or condition of having AIDS, in accordance with requirements of local, state and federal law. Such shall include, but not be limited to, the following:
a. Employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and b. Selection for training, including interns and apprentices.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
c. DTSM agrees to post notices setting forth the provisions of this Section in conspicuous places in each of DTSM’s facilities providing services hereunder, available and open to employees and applicants for employment.
d. DTSM shall state, in all solicitations or advertisements for employees placed by or on behalf of DTSM , that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, sex, marital status, age, sexual orientation, disability or condition , in accordance with requirements of local, state and federal law.
e. In accordance with applicable state and federal law, DTSM shall allow duly authorized county, state, and federal representatives access to its employment records during regular business hours in order to verify compliance with the nondiscrimination provisions of this Section. DTSM shall provide such other information and records as such representatives may require in order to verify compliance with the nondiscrimination provisions of this Section.

If City finds that any of the provisions of this Section have been violated, the same shall constitute a material breach of this Agreement upon which City may determine to cancel, terminate, or suspend this Agreement. While City reserves the right to determine independently that the nondiscrimination provisions of this Agreement have been violated, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that DTSM has violated State and Federal nondiscrimination laws shall constitute a finding by City that DTSM has violated the nondiscrimination provisions of this Agreement. DTSM will provide the City with a copy of its personnel policies manual which sets forth the policies governing transactions between employees and prospective employees and the DTSM relating to employment benefits and other personnel-related services.

DTSM shall not discriminate in any manner in providing the services set forth in this Agreement. All contracts or agreements entered into by DTSM shall comply with Title VI of the Civil Rights Act of 1964, 42 USC Section 2000d, and with Section 504 of the Rehabilitation Act, 29 USC Section 794. In accordance with these statutes and other federal, state, and local laws, no person in the United States shall, on the grounds of race, creed, color, disability, national origin, sex, age, marital status, sexual orientation, HIV/AIDS status, political affiliation or religious beliefs, be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination under any program or activity provided by DTSM. DTSM and any of its subcontractors shall adhere to all regulations set forth by the Americans with Disabilities Act (ADA). Any contracts awarded by DTSM shall comply with the terms of this Section.

14.3. Accounting Procedures.

DTSM shall maintain its books and records in accordance with generally accepted accounting principles (GAAP), and in such form as will facilitate accurate preparation of necessary fiscal reports and in such form as is otherwise acceptable to the City. DTSM may retain the services of a certified public accountant for assistance in this function. City shall have access to all of DTSM’s books, records, and accounts, including those records kept pursuant to Section 4 of this Agreement, and shall have the right to audit such books, records and accounts upon reasonable notice and during normal working hours.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023

14.4. Subcontractors.

DTSM will enter into contracts with subcontractors to perform, in part, the DTSM services contemplated under this Agreement. DTSM is responsible for the quality of all subcontractor work performed under this Agreement. DTSM is also responsible for ensuring that every subcontract or agreement of any kind entered into between DTSM and subcontractor (or between subcontractor and others) for or in connection with performance of services provided by DTSM under this Agreement will be consistent with this Agreement and Management Plan. DTSM shall submit to the City an executed copy of any and all agreements with subcontractors arising from or related to this Agreement. With respect to private security services for the Downtown, DTSM shall submit to the City a copy of the proposed agreement between DTSM and subcontractor for City review and approval by the City Manager prior to execution of the agreement. City Manager shall approve the proposed agreement provided that the proposed agreement is consistent with this Agreement.

DTSM may terminate and replace the services of any subcontractor that is performing services pursuant to annual work plans, subject to the prior written approval of the City.

Requests for subcontractors shall be submitted in writing, describing the scope of work to be contracted, the name of the proposed subcontractor, and the total price or hourly rates used in preparing an estimated cost for the subcontractor’s services. The City may issue approval of the subcontractor in the form of a Work Order.

14.5 Compliance with Laws and Management Plan. DTSM shall comply with all laws of the State of California and the United States, all ordinances, rules and regulations enacted or issued by City including, but not limited to, Articles 2 and 3, Division 2, Part 7, Chapter 1 of the Labor Code, State of California related to prevailing wage, apprentices, penalties and certified payroll.

14.6. Registration with the Department of Industrial Relations; Compliance Monitoring.
a. DTSM understands, acknowledges and agrees that no contractor or subcontractor may be listed on a bid proposal for a public works project (within the meaning of Labor Code section 1720) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a).
b. DTSM understands, acknowledges and agrees that no contractor or subcontractor may be awarded a contract for public work on a public works project (within the meaning of Labor Code section 1720) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
c. All public works projects (within the meaning of Labor Code section 1720) performed or caused to be performed by DTSM under this Agreement, or other agreement for services or improvements to be performed by DTSM under this Agreement, shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations. d. In addition to any other indemnities provided to City under this Agreement, DTSM shall defend, indemnify and hold the City and its respective officers, employees and agents harmless against any penalties, claims, demands, judgements, damages, or costs, resulting or arising from the implementation of any public works project under the Maintenance Agreement, in violation of the Labor Code. This Section 4.4 shall survive termination of the Maintenance Agreement.

SECTION 15. INSURANCE AND INDEMNIFICATION.

15.1. Insurance Requirements for DTSM and Third Parties.

For the duration of the term of this Agreement, DTSM shall obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements.

For the duration of the term of this Agreement, every subcontract or agreement of any kind entered into between DTSM and a subcontractor (or between any DTSM contractor and others) shall require the subcontractor to provide the minimum scope and limits of insurance set forth in Exhibit C.

15.2 Indemnity by DTSM.

DTSM shall indemnify, save, protect, defend and hold harmless the City, its City Council, boards and commissions, agents, officers, representatives, employees, lenders and volunteers (collectively, the “City Indemnified Parties”) from any and all liability, claim, action, demand, proceeding, loss, damage, cost, expense, or injury to persons or property (collectively, “Indemnified Claims”) to the extent caused, claimed to be caused, in connection with, or arising from the act, errors, and/or omissions of DTSM or DTSM’s officers, agents, employees, subcontractors, and contractors, in the performance of the services or work required to be conducted by DTSM pursuant to this Agreement, except to the extent any Indemnified Claim is caused by the active negligence or willful misconduct of the City. DTSM’s obligation to indemnify, defend and hold harmless City Indemnified Parties does not extend to the maintenance, service, repair or condition of City owned facilities, streets, and sidewalks, unless the responsibility for such maintenance, repair or condition has been assumed by DTSM pursuant to the terms of this Agreement or Indemnified Claim is caused by the acts, errors, and/or omissions of DTSM or DTSM’s officers, agents, employees, subcontractors, contractors, in the performance of the services or work required to be conducted by DTSM pursuant to this Agreement. If any action or proceeding is brought against any of the City Indemnified Parties in connection with any Indemnified Claims indemnified by DTSM as set forth above, DTSM, upon notice from City, shall defend the same at DTSM’s expense with counsel approved by City, subject to the reasonable requirements of DTSM’s insurance carrier if defended by same, which ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
approval shall not be unreasonably withheld. It is understood and agreed that DTSM’s insurance set forth in Section 15.1, shall be the primary insurance in connection with the Indemnified Claims.

15.3. Third Party Indemnity
Except as otherwise approved in writing by the City, DTSM shall require that all written contracts that it enters into with contractors, subcontractors, indemnify, save, protect, defend, and hold harmless the City Indemnified Parties, DTSM and their respective officers, directors, agents, employees, and affiliates from any and all liabilities, losses and claims, and reimburse them for all expenses they incur (including the costs of litigation and reasonable attorneys' fees) on account of personal injury or death to persons and damage to property which occurs in the Downtown, to the extent caused by the acts, errors, and/or omissions or misconduct of such contractor, subcontractors, or employees or agents of such subcontractor, contractor, arising from or related to the performance of work or services it performs on or about the Downtown, or from such contractor or subcontractor’s property. Each contractor or subcontractor that DTSM employs hereunder shall pay for and defend any and all suits or actions threatened or instituted against DTSM or City Indemnified Parties, and shall pay all reasonable attorneys' fees, litigation costs and all other expenses in connection therewith, and shall promptly discharge any judgments arising therefrom. These conditions shall also apply to any work or operations subcontracted by such contractors or subcontractors. Such provisions shall expressly survive the expiration of any contracts in which they are contained. This Section 15.3 does not relieve DTSM from performing its obligations pursuant to Section 15.2, above.

15.4. Enforcement Costs. DTSM agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in this Section 15.

SECTION 16. MISCELLANEOUS.

16.1. Integrated Contract.

This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements are merged herein. No other verbal agreement, oral or written, or implied covenant shall be held to vary the provisions of this Agreement. Any modification of this Agreement will be effective only by written execution signed by both City and DTSM, and approved as to form by the City Attorney.

16.2. Delegation and Assignment.

DTSM shall not delegate or assign all or any portion of its rights or duties under this Agreement to any person, firm, or entity, except as may be specifically permitted by this Agreement. DTSM may subcontract work to fulfill its responsibilities under this agreement.

DTSM shall be responsible for the quality of all subcontractor work performed pursuant to this Agreement.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023

16.3. Notices.

All notices, demands, requests, consents, or approvals as may be required or permitted to be given under this Agreement shall be in writing and shall be sent via mail, or hand delivered, to the parties at the addresses set forth below.

To DTSM: Downtown Santa Monica, Inc.

Attention: CEO
1351 Third Street Promenade, Suite 201
Santa Monica, California 90401
To City: City of Santa Monica
Economic Development Division
Attention: Economic Development Manager
1901 Main Street, Suite E
Santa Monica, California 90405
With copies to:

City of Santa Monica
City Manager’s Office
1685 Main Street
Santa Monica, CA 90401
Attention: City Manager
City of Santa Monica
City Attorney’s Office
1685 Main Street, Room 310
Santa Monica, CA 90401
Attention: City Attorney

16.4. No Interest in Property.

This Agreement shall not be deemed at any time to be an interest in real property or a lien of any nature against the Downtown, the Third Street Promenade, or the real property upon which the Third St. Promenade improvements are erected. This clause shall be self-operative and no further instrument of subordination shall be required. The relationship of the City and DTSM shall not be that of a partnership, joint ventures, or otherwise of co-owners.

16.5. Other Services.

In addition to the services specifically set forth in this Agreement, DTSM shall perform from time to time such other services necessary or desirable for the operation, management, restoration, and continued revitalization of the Downtown as the City shall reasonably request and may be practicable within the DTSM annual budget.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023

16.6. Approvals.

All approvals requested or required to be given by either party hereto, unless a specific time frame is set forth in this Agreement, shall be given within thirty (30) days following delivery of the request for approval. All approvals shall be in writing.

16.7. Waiver.

A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character.

16.8. Governing Law.

This Agreement has been made and shall be construed and interpreted in accordance with the laws of the State of California.

16.9. Compliance with Applicable Law.

DTSM shall perform all of the services set forth in this Agreement in complete accordance with all applicable municipal, state or federal laws, ordinances, rules and regulations.

16.10. Survival of Provisions and Obligations.

Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.

16.11. Severability.

If any term or provision, or any portion thereof, of this Agreement, or the application thereof to any, person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances, other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

16.12. Venue and Jurisdiction.

City and DTSM agree that any litigation arising out of this Agreement may only be brought in either the unites 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 the is Agreement.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023

16.13. 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 have any control over the conduct of DTSM or any of DTSM’s agents, employees, or subcontractors, except as otherwise provided herein.

16.14. Execution in Counterparts.

This Agreement, and all amendments and supplements to it, may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single document. Any signature to this Agreement transmitted electronically through DocuSign, PDF, or other electronic form shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).

16.15. Cost of Litigation.

If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of any alleged breach of any provision of this Agreement, the prevailing party will be entitled to receive from the losing party all reasonable costs, disbursements, and expenses, and such amount as the court may adjudge to be reasonable attorney fees.

16.16. Permits and Licenses.

DTSM, at its sole expense, shall obtain and maintain during the term of this Agreement all required business and professional permits, licenses, and certificates that are required to perform its obligations under this Agreement.

16.17. City’s Proprietary Capacity.

DTSM agrees that City, in making and entering into this Agreement, the City is also acting in City’s proprietary capacity for all purposes and in all respects. Nothing contained in this Agreement may be deemed directly or indirectly to restrict or impair in any manner or respect whatsoever any of City’s governmental powers or rights or the exercise thereof by City, whether with respect to the Parking Structures Licensed Areas or DTSM’s use thereof or otherwise. It is intended that DTSM must fulfill and comply with all requirements as may be imposed by any governmental agency or authority of City having or exercising jurisdiction over the Parking Structures Licensed Areas in its governmental capacity.

16.18. Captions and Headings.

The Section captions and headings are for convenience of reference only and in no way shall be used to construe or modify the provisions set forth in this Agreement.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023

16.19. Recitals and Exhibits.

The Recitals set forth above and the following Exhibits shall be included as a term of this Agreement and are incorporated herein by reference:

Exhibit A: Downtown Santa Monica Map
Exhibit B: FY 2023-24 Work Plan (includes DTSM Management Plan Services and City Baseline Service Matrices)
Exhibit C: Insurance Requirements
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written.

CITY OF SANTA MONICA,
a municipal corporation
By: ____________________________

DAVID WHITE
City Manager
APPROVED AS TO FORM:
__________________________

DOUGLAS SLOAN
City Attorney
ATTEST:
__________________________

DENISE ANDERSON-WARREN
City Clerk
DOWNTOWN SANTA MONICA, INC.,
a non-profit public benefit corporation
By: ________________________________
Chair
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Mall Assessment Area
Lincoln Expansion
Colorado Overlay
Central Business
Improvement District
Zones 1-3 = DTSM PBAD
Downtown Santa Monica
Exhibit A - DTSM Map
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
DOWNTOWN SANTA MONICA, INC.

ANNUAL WORK PLAN + BUDGET FY2023/24
1 Exhibit B - DTSM Work Plan
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Table of Contents
Introduction...................................................................................................................................................................3 Services..................................................................................................................................................................... 4 Strategic Priorities..................................................................................................................................................... 4 Fiscal Year 2023/2024 Budget and Allocations.........................................................................................................5 Operations and Public Space Management...................................................................................................... 5 Public Safety....................................................................................................................................................... 5 Advocacy and Oversight................................................................................................................................. 5 Parking Structure Custodial Maintenance......................................................................................................6 Enhanced Custodial Maintenance................................................................................................................. 6 Parks Attendants, Restroom Monitoring, and Social Outreach....................................................................6 Placemaking and Beautification..................................................................................................................... 6 Communications, Events, & Development...........................................................................................................7 Community Events and Activations.................................................................................................................7 Partnerships.........................................................................................................................................................7 Public Relations and Promotions...................................................................................................................... 7 Economic Development and Advocacy....................................................................................................... 7 Data and Research........................................................................................................................................... 8 Communications and Outreach..................................................................................................................... 8 Organizational Management................................................................................................................................ 9 Administrative Functions................................................................................................................................... 9 Professional Support...........................................................................................................................................9 Board and Staff Education and Development.............................................................................................. 9 Exhibit A - FY23-24 Budget.....................................................................................................................................10 Exhibit B - District Boundary Map..........................................................................................................................11 Exhibit C - Downtown Parking Structures Licensed Area.................................................................................. 12 Board Directory...................................................................................................................................................... 15 Staff Directory......................................................................................................................................................... 15 DTSM, Inc. Operations Enhanced Maintenance Schedules.................................................................................. 16 Parking Structure Maintenance Schedule.................................................................................................... 16 Lincoln Blvd and Colorado Ave Maintenance Schedule...........................................................................16 Pressure Washing Schedule............................................................................................................................ 17 Restroom Monitoring Schedule...................................................................................................................... 17 General Maintenance Schedule................................................................................................................... 18 Activity Frequency........................................................................................................................................... 18 City of Santa Monica Public Works Maintenance Service Matrix....................................................................19 2 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
DOWNTOWN SANTA MONICA, INC.

FY2023-24 OPERATIONAL PLAN
Introduction
It is the mission of Downtown Santa Monica, Inc. ( DTSM, Inc.) to manage services and operations in Downtown Santa Monica while promoting economic stability, growth and community life within this unique neighborhood. To produce a strong and vibrant pedestrian-oriented downtown, DTSM, Inc. leverages its services, relationships and expertise to develop, implement, and maintain various programs for enhanced maintenance and security, marketing, events, promotions, and economic vitality to benefit Downtown Santa Monica.

To meet the challenges facing Downtown Santa Monica in Fiscal Year 2022/2023, DTSM, Inc. reset its strategic priorities to focus on the foundations of a successful downtown: public safety, creating a clean and welcoming environment, activating a vibrant public space, and advocating for policies that support the business community. Meeting these goals remains the urgent focus of DTSM, Inc. in Fiscal Year 2023/2024, and this is reflected in this Operational Plan and budget. 3 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Services
DTSM, Inc. is contracted by the City of Santa Monica to provide services to the district.

As representatives of Downtown stakeholder interests in these challenging times, the need for DTSM, Inc. to deliver is greater than ever. DTSM, Inc. functions are as follows:

1. Advising the City of Santa Monica on all matters related to Downtown

2. Advocating on behalf of all Downtown stakeholders

3. Providing marketing and promotional services, and programming events and activations

4. Providing enhanced maintenance and public safety services Strategic Priorities
In Fiscal Year 2022/2023, the DTSM, Inc. Board of Directors determined its strategic priorities. These priorities remain the points of emphasis for DTSM, Inc. in Fiscal Year 2023/2024, and are as follows:

1. Evaluate, and seek to amend, the Services Agreement between DTSM, Inc. and the City of Santa Monica

2. Improve the experience in the Downtown parking structures by evaluating services and conditions and making recommendations in the areas of management, maintenance, custodial, and revenue management

3. Impact public safety in Downtown Santa Monica through advocacy and practical measures

4. Reactivate public spaces in Downtown through events, activations, and improving the process in which businesses can open and operate in Downtown

5. Address issues relating to infrastructure and management in the Downtown

6. Work to build support from Downtown Stakeholders through communications, outreach, and coalition-building
In Fiscal Year 2022/2023, DTSM, Inc. began executing on its strategic priorities. The DTSM, Inc. Board of Directors passed recommendations to amend its Services Agreement with the City of Santa Monica. Cosmetic and infrastructure improvements are now happening in Downtown parking structures. DTSM, Inc. is poised to introduce a supplemental private security team. Community events and the Santa Monica Ice Rink returned, and communications with stakeholders and promotions for our local businesses improved.

Delivering on these strategic priorities continues in Fiscal Year 2023/2024. 4 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Fiscal Year 2023/2024 Budget and Allocations
The DTSM, Inc. Board of Directors approved a budget of $10,629,733.21 for the fiscal year 2023/2024. DTSM, Inc. anticipates receiving $10,208,033 in revenue from property-based assessments, business license taxes, and income from enterprise programs. The Board determined to use $421,700.21 of reserve funding to pay for the total expenditures for the fiscal year. (See Attachment A, page 10.) The 2023/2024 budget contains allocations for Organizational Management, Communications, Events, and Development, and Operations and Public Space Management. The descriptions of these allocations, and their unique directives, are as follows:

Operations and Public Space Management
A clean, safe, and welcoming environment is the foundation for success in Downtown Santa Monica. DTSM, Inc. provides enhanced services in the areas of public safety, custodial maintenance, and social outreach, while also providing oversight of City of Santa Monica services. Together, DTSM, Inc. and the City of Santa Monica fulfill the responsibility of creating a thriving and inviting community space for everyone.

Operations and Public Space Management services make up 69.83% of the DTSM, Inc. budget and include the following directives:

Public Safety
● Support the City of Santa Monica’s public safety officials in their efforts to keep Downtown safe
● Advocate on behalf of Downtown Santa Monica with City, County, and other government agencies charged with managing public safety to ensure they maintain a regular presence in Downtown
● Fund and oversee private security personnel deployed in Downtown Santa Monica
● Facilitate communication between parties engaged in preserving the safety of Downtown public spaces
Advocacy and Oversight
● Advise the City of Santa Monica on operations and services in the public right-of-way. Advocate for maximum effectiveness and efficiency in managing public resources
● Advise the City of Santa Monica on operations and services in public parking 5 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
resources. Advocate for maximum effectiveness and efficiency in managing public parking resources
● Collaborate with the City of Santa Monica and related service vendors to ensure compliance with maintenance standards established by all parties working in the public right-of-way and on public property Parking Structure Custodial Maintenance
● Provide custodial maintenance services for Downtown public parking structures in accordance with the Maintenance Services Agreement between DTSM, Inc. and the City of Santa Monica (See Attachment B: Services Matrix) Enhanced Custodial Maintenance
● Provide enhanced custodial services to support a clean, active, and well-managed Downtown (See Attachment B: Services Matrix) ● Conduct regular power washing and as-needed hot spot cleaning of key public spaces, including sidewalks, crosswalks, and alleys
● Promptly remove graffiti from public and private property and notify private property owners of other identified maintenance concerns and safety hazards Parks Attendants, Restroom Monitoring, and Social Outreach ● Ensure a positive visitor experience in Downtown parking structure restrooms and in Downtown-adjacent parks by providing attendants and custodial maintenance services
● Deploy a Homeless Outreach Coordinator and Quality of Life team to work strictly in the Downtown District to collaborate with other advocacy groups and service providers to expedite services for individuals in need ● Partner with the City of Santa Monica and other community organizations in supporting initiatives to combat crime and homelessness Placemaking and Beautification
● Create engaging streetscapes and pedestrian spaces through the preservation of existing assets and investments in infrastructure, landscaping, amenities, and creative placemaking
● Participate in planning beautification and improvement projects for streets, sidewalks, and alleys across the district
● Work with the City of Santa Monica to maximize multi-modal transportation access and wayfinding in Downtown Santa Monica for all visitors ● Monitor permits for large-scale maintenance and construction, street and alley closures, and Third Street Promenade vehicle access. Mitigate impacts of temporary closures and provide advance communication to district 6 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
stakeholders
● Collaborate with the City of Santa Monica to provide active street vendor management for Third Street Promenade and other public spaces ● Create, manage, and oversee Downtown decor and lighting programs Communications, Events, & Development
DTSM, Inc. furthers the reputation and economic vitality of Downtown Santa Monica and the Third Street Promenade through consistent branded communications, hosted and facilitated events, and economic development.

Communications, Events & Development services make up 23.21% of the DTSM, Inc. budget and include the following directives:

Community Events and Activations
● Produce a full calendar of events, programming and holiday activities to activate and encourage visitorship to the Downtown area year-round ● Facilitate third-party events and activations on Third Street Promenade in partnership with the City of Santa Monica
● Facilitate filming in the Downtown in partnership with Film L.A.

Partnerships
● Identify partnerships, sponsorships, and other funding opportunities for key programs supporting or enhancing Downtown Santa Monica
● Partner with Santa Monica Travel & Tourism, the Santa Monica Chamber of Commerce, and other local organizations to support tourism, economic development, and community engagement
Public Relations and Promotions
● Produce advertising and promotional campaigns to drive brand awareness and foot traffic to Downtown
● Produce and implement a 12-month public relations plan to reinforce the Downtown Santa Monica brand and keep Third Street Promenade top of mind for local visitors
● Strengthen local media relations by building and maintaining relationships with local editors and journalists
Economic Development and Advocacy
● Seek supplemental and diversified revenue streams to enhance programs and services. Maximize revenues generated by Downtown Santa Monica, Inc. 7 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
events and activations
● Create and oversee licensed operations in public space including community benefit activations, vendor management, and new programs ● Preserve the Downtown Santa Monica and the Third Street Promenade competitive advantages and economic viability through planning and advocating for reinvestment in short term and long-term capital improvements ● Maximize the utility of private properties abutting the Third Street Promenade through zoning and ordinance changes, a streamlined permitting processes and support for tenant selection by owners
● Advocate for new and existing revenues to fund maintenance, operations, and capital improvements in Downtown Santa Monica. Revenue generating opportunities include advertising, new technology, and new funding sources (Enhanced Infrastructure Financing District)
● Advocate on behalf of property and business owners on matters contributing to the overall vitality of business Downtown. Advise the City Council and its boards, commissions, and staff on development of policies, plans and ordinances impacting the trajectory of Downtown
Data and Research
● Produce regular data-driven reports to inform the decisions of DTSM, Inc. and support the Downtown community
● Position Downtown Santa Monica, Inc. as a central source of information on all aspects related to Downtown, including the economic vitality and market potential
● Track, analyze, and advise the City Council and its boards, commissions, and staff on public and private development projects
Communications and Outreach
● Develop a communications and marketing strategic plan to reintroduce Downtown Santa Monica to stakeholders, reinforce Downtown Santa Monica’s brand positioning as a premier beach destination, and reposition Third Street Promenade as an experience-based destination
● Manage and produce content for Downtown Santa Monica’s communication channels including website, newsletters and social media ● Launch new and maintain existing stakeholder communications, such as newsletters and reports, to provide timely and relevant information ● Host stakeholder meetings to share updates on programs, collaborative opportunities and other essential information
● Produce a data-driven annual report to highlight the achievements of DTSM, Inc. in the prior fiscal year
● Conduct stakeholder surveys and program evaluations as needed to maximize 8 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
the effectiveness of all DTSM, Inc. programs
Organizational Management
DTSM, Inc. is an efficient and effective organization that employs a professional staff to manage relationships and services that support Downtown Santa Monica. These functions require centralized administrative support funded through revenues received by DTSM, Inc. throughout the fiscal year. Organizational Management services make up 6.96% of the DTSM, Inc. budget and include the following directives:

Administrative Functions
● Maintain a professional office for a staff dedicated to providing a high caliber of service while adhering to all required compliance standards ● Provide public meeting space for the Board and committees Professional Support
● Ensure proper insurance coverage and protect the organization from risk ● Administer financial functions for the organization including preparing quarterly financial management reports, conducting an annual audit, and managing internal accounting functions
Board and Staff Education and Development
● Conduct regular staff training and create opportunities for professional development and continuing education, including ongoing coaching and performance feedback
● Create opportunities for strategic and organizational planning and educational opportunities for members of the Board of Directors
9 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Exhibit A - FY23-24 Budget
10 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Exhibit B - District Boundary Map
The boundaries of the Downtown Santa Monica district extend from the east side of Ocean Ave to the east side of Lincoln Blvd. and from the I-10 freeway to the commercial parcels immediately north of Wilshire Blvd.
11 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Exhibit C - Downtown Parking Structures Licensed Area
12 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
13 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
14 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Board Directory
Chair Eric Sedman
Vice Chairs Michele Aronson
Joshua Gilman
Julia Ladd
Peter Trinh
Secretary/Treasurer Barry Snell
Board Members Luke Cain
Bruce Fairty
Anuj Gupta
Ericka Lesley
Leo Pustilnikov
Lucian Tudor
Lora Vrastil
Staff Directory
Chief Executive Officer Andrew Thomas
Director of Marketing and Partnerships Ariana Gomez
Director of Operations and Placemaking Jeremy Ferguson
Special Events Manager Laura Borsecnik
Business & Community Development Manager Martin Ronzio-Garcia Public Space Manager Fatima Fazal
Community Engagement Manager Julia Moser
Data and Research Manager Michael Lin
Administrative Office Manager Victor Greenwood
15 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
DTSM, Inc. Operations Enhanced Maintenance Schedules
Parking Structure Maintenance Schedule
The following duties are performed in Parking Structures 1,2,4,5 and 6 during the stated shifts. (Note: Duties and shifts subject to change based on need.) Shift time from 10:00 p.m. – 6:30 a.m.

Run M30 Sweeper/Scrubber vehicle on a rotational schedule in all structures Close all restrooms for deep cleaning floor-to-ceiling
Sweep, mop, and wipe down all stairwells and landing areas Conduct pan and broom maintenance throughout structures Document maintenance issues for reporting
Shift time from 8:00 a.m. - 4:30 p.m.

Clean restrooms (empty trash, clean toilets/urinals, clean sinks, counters, mirrors, and replenish toiletries as needed)
Remove, or paint over, graffiti
Remove debris as needed
Conduct pan and broom maintenance as needed
Shift time from 2:30 p.m. – 11:00 p.m.

Clean restrooms daily (empty trash, clean toilets/urinals, clean sinks, counters, mirrors, replenish toiletries as needed
Sweep/mop restroom as needed
Pull all trash (2/3rds full) and replace bags on every level of parking structures and wipe down cans Wipe down all structure interior signage as well as fire and electrical boxes Remove or paint over any graffiti that is reported or found Clean up all spills as necessary
Conduct pan and broom maintenance as needed
Lincoln Blvd and Colorado Ave Maintenance Schedule
Lincoln Blvd Shift time from 7:00 a.m. – 6:00 p.m.

Sweep and clean all sidewalks on east and west side of Lincoln Blvd from Colorado to Wilshire Wipe down and clean all public infrastructure as needed Document maintenance issues for reporting
16 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Colorado Ave Shift time from 8:00 a.m. – 9:30 p.m.

Sweep and clean sidewalks on north and south side of Colorado Ave from Ocean Ave to Lincoln Blvd Wipe down and clean all public infrastructure as needed Document maintenance issues for reporting
Pressure Washing Schedule
Enhanced Maintenance – Pressure Washing & Deep Cleaning in Downtown DTSM, Inc. conducts pressure washing and deep cleaning services throughout various locations in Downtown. Services are planned to be deployed in accordance with the following minimum schedule, which may be adjusted as resources permit.

Activity Frequency
Zone 1: Third Street Promenade Intersections 4x Annually Zone 1: Alleys (2nd & 3rd Courts) Once a week
Zone 2: Alleys Once a week
Zone 3: Alleys Once every 2 weeks
Zone L: Lincoln Blvd. Sidewalks 4x Annually
Downtown Hotspots (Areas of Need) As Needed
Parking Structure Stairwells (Areas of Need) Once a week Restroom Monitoring Schedule
The following restrooms are monitored and provided ongoing custodial services during all hours of public operation. (Per matrix, wipe downs every 15 minutes light cleaning twice a day, and deep cleaning nightly)
● Parking Structure #2 (during Farmer’s Market)
● Parking Structure #4
● Parking Structure #5
● Tongva Park
● Reed Park
17 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
General Maintenance Schedule
In order to care for infrastructure and improve the aesthetic of Downtown’s public spaces, DTSM completes the following routine maintenance activities during the course of a year.

Activity Frequency
Paint Public Infrastructure As Needed
Dinosaur Landscaping Refresh / Replant Quarterly/As
Needed
Dinosaur Fountain Maintenance Semi-Weekly/As
Needed
Vector Management Monthly/As
Needed
Tree Light Maintenance As Needed
Promenade Paver Repair As Needed
Sweep and remove trash from Alleys As Needed
18 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
City of Santa Monica Public Works Maintenance Service Matrix The following pages contain a matrix outlining the services in Downtown provided by the Promenade Maintenance team of the City of Santa Monica Public Works Department. It is the responsibility of DTSM, Inc. to ensure maintenance work meets or exceeds the minimum levels of service established on creation of the assessment district.

Section - 3rd Street Promenade:

From the north side of Wilshire to the south side of Broadway Shifts: Effective
1 = 5:00am to 1:30pm. 7 days a week
2 = 2:00 p.m. to 10:30 p.m. 7 days a week
3 rd Street Promenade Maintenance:

Service Description Frequency Shift
Pedestrian Walkways:

Sweeper
Scrubber
Pressure Washer
Pre-treat stains and
spot pressure wash
Picks up large debris
Picks up small debris, applies
degreaser, scrubs pavement
& recovers excess water
Steam cleans in places
scrubbers can’t reach
Degreaser applied with
hand-sprayer
Once daily, 7 days a week
Once daily, 7 days a week
Once daily, 5 days a week
As needed
1 1
1 1
Monitoring Walk site, sweep & remove
debris
• Daily and as needed 1 or 2
Drinking Fountains (7) Spray & wipe • Daily and as needed 1 or 2 19 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Section - 3rd Street Promenade, Promenade Maintenance, Cont’d.

Service Description Frequency
Trash Containers (40) Wipe top, remove trash,
replace bag
• Four times daily, Mon. – Thu.
• Five times daily, Fri. – Sun. &
Holidays
Trash Container Liners (40) Steam clean/wipe down
from the inside &
deodorize
• Weekly as needed
Stainless Steel Bollards (27) Spray & wipe, steam
clean
• Once daily
Directories (7) Spray & wipe • Once daily
Sculptures (9) Spray & wipe • Once daily, as needed
Graffiti Remove • As needed
Dinosaur Pools (4) Remove debris • As needed
Special Events Extra trash containers &
general maintenance
frequencies
• As needed
Spot Cleaning &
Customer Calls
Additional cleanings,
graffiti, broken glass,
animal waste, etc.
• As needed
Off Duty
Emergency Call-outs
Oil spills, electrical, water,
accidents, etc.
• As needed
20 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Section – 3rd Street, Public Landscape:

Service Description Frequency Shift
Tree Trimming 3,790 sq. ft.
(154)
Regular • Once, yearly (spring) Mariposa
Tree Well Maintenance
3,790 sq. ft. (154)
Inspect for grate or
decomposed granite
displacement and/or debris &
litter
Clean debris, reset tree grates
• Daily
• As needed, based
upon inspections
Landcare
Succulents & Topiaries
(Dinosaur fountain
planters)
2,000 sq. ft.

Prune & shape topiaries
Weed and detail succulent
beds
• Once every six weeks
• Weekly, as needed
Landcare
Irrigation Inspection Check system and controller
for proper settings
• Weekly, as needed Landcare/ In
House
Fountain Maintenance Maintain fountains and
provide cleaning service for
the Topiary pools
• Twice weekly California
Waters
21 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Section - Parking Structures:

Shifts: Effective 1/1/15
1 = 5:00 a.m. to 1:30 p.m. 7 days a week
2 = 2:00 p.m. to 10:30 p.m. 7 days a week
Parking Structures (Civic, Main Library and Ken Edwards) Promenade Maintenance:

Service Description Frequency Shift
Bin Rooms
PS 1-6
Pressure wash, degrease, or
scrub. Organize trash and
recyclables.
• Once daily, 7 days a
week
• Once 7 days a week
1 or 2
Clarifiers:

Structures 2-6
Clean out sludge
Remove restaurant grease
• Monthly
• As needed, contracted
(Facilities)
Contractor
Parking Structures, Public Landscape:

Service Description Frequency Shift
Planter
Maintenance
(ground level
planters in Structure
1 only) 5,900 sq. ft.

Pick up litter & debris
Water plants
Prune shrubs
• Daily
• Manually, as needed
weekly
• Every 6 weeks
Landcare
22 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Section – Colorado Blvd., Arizona Avenue & Wilshire Boulevard:

Sidewalks on both sides of streets from east side of Ocean Avenue to alley between 5thand 6th Streets.

Ocean Ave east side, 2nd and 4th Streets both sides:

Sidewalks on both sides of streets from north of Wilshire Boulevard to south of Colorado Avenue.

Shifts: Effective 1/1/15
1 = 5:00 a.m. to 1:30 p.m. 7 days a week
2 = 2:00 p.m. to 10:30 p.m. 7 days a week
Colorado Blvd., Arizona Avenue & Wilshire Boulevard, 2nd & 4th Streets, Promenade Maintenance Service Description Frequency Shift
Pedestrian Walkways:

Sweeper
Scrubber (South Side)
Pressure Washer
Pre-treat stains/spot
pressure washing
Picks up large debris
Picks up small debris, applies
degreaser, scrubs pavement
& recovers excess water
Steam cleans in places
scrubbers can’t reach
Degreaser applied with
hand-sprayer
• 5 x a week
• 3 x a week Once
daily
• 4 x a week
1 1
1 1
Monitoring Walk site, sweep & remove
debris
• Daily, as needed 1 & 2
Bus Stop Steam clean • As needed 1 & 2
23 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Trash Containers (74) Wipe top, remove trash, replace
bag
• Twice daily, as
needed
1 & 2
Trash Container Liners
(74)
Steam clean & deodorize • As needed 1 or 2
Section - Colorado Blvd., Arizona Avenue & Wilshire Boulevard and Ocean Ave., 2nd& 4 th Streets, Promenade Maintenance, Cont’d.

Service Description Frequency Shift
Tree Wells Rake out debris & weed out • As needed 1 or 2 Spot Cleaning &
Customer Calls
Additional cleanings, graffiti,
broken glass, animal waste, etc.
• As needed, 7
days a week
1 & 2
Off Duty
Emergency Call-outs
Oil spills, electrical, water,
accidents, etc.
• As needed
24 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Section - Public Landscape,
2 ND & 4th Street
Service Description Frequency Shift
Tree Trimming (182) Regular • Every 2 years West Coast
Arborists
Tree Well Maintenance
(182)
Backfill tree wells with
decomposed granite
• As needed 1 or 2 and
PLD
Arizona Ave.

Service Description Frequency Shift
Tree Trimming (46) Regular • Every 2 years West
Coast
Arborists
Tree Well Maintenance
(61)
Backfill tree wells with
decomposed granite
• As needed 1 & 2
Wilshire Blvd.

Service Description Frequency Shift
Tree Trimming (66) Regular • Every 2 years West
Coast
Arborists
25 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Section - Transit Mall:

Sidewalks on both sides of the streets:
• Broadway east side of Ocean Avenue to alley between 5thand 6th Streets. • Santa Monica Boulevard from east side of Ocean Avenue to alley between 5th and 6th Streets.

Shifts: Effective 1/1/15
1 = 5:00 a.m. to 1:30 p.m. 7 days a week
2 = 2:00 p.m. to 10:30 p.m. 7 days a week
Transit Mall, Promenade Maintenance:

Service Description Frequency Shift
Monitoring Walk site, sweep & remove
debris
• Daily 1 & 2
Benches (241) Spray & wipe, polish wood • Once daily, as needed
1 or 2
Drinking Fountains (3) Spray & wipe • Daily, as needed 1 or 2 Trash Containers (36) Wipe top, remove trash,
replace bag
• Four times daily 1 & 2
Trash Container Liners
(36)
Steam clean & deodorize • As needed 1
Bollards (40) Spray, wipe & polish • Once daily, 5 days a week
1 or 2
Informational Signs (6) Spray & wipe • Once daily, 5 days a week
1 or 2
26 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Arbors (6) Spray & wipe • Once daily, 5 days a
week
1 or 2
Graffiti Monitor & Remove • As needed 1 & 2
Spot Cleaning & Customer
Calls
Additional cleanings,
graffiti, broken glass,
animal waste, etc.
• As needed 1 & 2
Off Duty
Emergency Call-outs
Oil spills, electrical, water,
accidents, etc.
• As needed
Section - Transit Mall, Public Landscape:

Service Description Frequency Shift
Tree Trimming
(193)
Regular • Every 2 years West Coast
Arborists
Tree Well Maintenance Inspect for grate
displacement and/or
debris & litter
Clean debris, reset tree
grates
• Daily
• As needed, based
upon inspections
Landcare /
PLD
Irrigation Inspections Check system and
controller for proper
settings
• Weekly Landcare /
PLD
Monitoring Remove debris from tree
wells
• Daily Landcare
27 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Section – Colorado, Broadway, Santa Monica Blvd., Arizona Avenue & Wilshire Boulevard:

Sidewalks on both sides of streets from east side of 5th to the alley east of 7th St. 5 th, 6th and 7th Streets:

Sidewalks on both sides of streets from north of Wilshire Boulevard to south of Colorado Avenue.

Service Description Frequency Shift
Pedestrian Walkways:

Sweeper
Scrubber
Pressure Washer
Pre-treat stains/ and spot
pressure wash
Picks up large debris
Picks up small debris,
applies degreaser, scrubs
pavement & recovers
excess water
Steam cleans in places
scrubbers can’t reach
Degreaser applied with
hand-sprayer
• Twice weekly
• Once every three
weeks
• Once every three
weeks
• as needed
1 1
1 1
Monitoring Walk site, sweep &
remove debris
• As needed 1 or 2
Tree Well Maintenance Clean debris
Remove and spray for
weeds
• Daily, as needed
• As needed, based
upon inspections
1 1
28 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Section - Alleys:
● 1
st Court: Between Ocean Avenue & 2nd Street from north side of Wilshire Boulevard to south side of Colorado Avenue.
● Mall Court West: Between 2nd Street and 3rd Street from north side of Wilshire Boulevard to south side of Broadway.
● Mall Court East: Between 3rd Street and 4th Street from north side of Wilshire Boulevard to south side of Broadway.
● 4
th Court: Between 4thand 5th Streets from north side of Wilshire Boulevard to south side of Colorado Avenue.
● 5
th Court: Between 5th Street and 6th Street from north side of Wilshire Boulevard to south side of Colorado Avenue.
● 6
th Court: Between 6th Street and 7th Street from Colorado to Wilshire ● 7
th Court: Between 7th Street and Lincoln Blvd. from Colorado to Wilshire Shifts: Effective 1/1/15
1 = 5:00 a.m. to 1:30 p.m. 7 days a week
2 = 2:00 p.m. to 10:30 p.m. 7 days a week
2:00 p.m. to 10:30 p.m.

Alleys, Promenade Maintenance:

Service Description Frequency Shift
Mall Court East & West
Sweeper/ Mobile
Vacuum / scrubber
Picks up small debris, applies
degreaser, scrubs pavement &
recovers excess water
• 5 days a week 1
Monitoring Walk site, sweep & remove debris • Daily 1 & 2 Spills Apply absorbent, pressure wash
and scrub
• As needed
Spot Cleaning
& Customer Calls
Discarded furniture, appliances,
spills, etc.
• As needed 1 & 2
Graffiti Monitor & Remove • As needed 1 & 2
29 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Weed suppression Remove weeds • As needed,
based upon
inspections
1 or 2
Off Duty
Emergency Call-outs
Toxic spills, electrical, water,
accidents, etc.
• As needed 1 & 2
Section Six - Alleys, Promenade Maintenance, Cont’d.

Service Description Frequency Shift
1stt , 4th, 5th, 6th & 7th
Courts:

Mobile Vacuum Vacuums debris from large areas • 5 days a week 1 Monitoring Walk site, sweep debris • Once daily 1 & 2
•
Spot Cleaning
& Customer Calls
Discarded furniture, appliances,
spills, etc.
• As needed 1 & 2
Graffiti Remove • As needed 1 & 2
Off Duty
Emergency Call-outs
Oil spills, electrical, water,
accidents, etc.
• As needed 1 & 2
Weed suppression Remove weeds • As needed,
based upon
inspections
1 or 2
30 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Section – Colorado Ave. Esplanade:

From east side of 4th St. to the east side of Ocean Ave Service Description Frequency Shift
Pedestrian Walkways:

Sweeper
Sweeper / scrubber
Pressure Washer
Pre-treat stains and spot
pressure wash
Picks up large debris
Picks up small debris, applies
degreaser, scrubs pavement &
recovers excess water
Steam cleans in places
scrubbers can’t reach
Degreaser applied with
hand-sprayer
• Once daily, 7 days
a week
• Once daily, 7 days
a week
• Once daily, 5 days
a week (Mon., Tue.,
Thu., Fri., Sat.)
• As needed
1 1
1 1
Monitoring Walk site, sweep & remove
debris
• Daily and as
needed
1 or 2
Trash Containers Wipe top, remove trash,
replace bag
• 4 times daily
•
1 or 2
Trash Container Liners Steam clean / wipe down from
the inside & deodorize
• As needed 1 or 2
Graffiti Remove
• As needed 1 or 2
Landscape General Maintenance-using
current maintenance
specifications requirements
Landcare
31 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Department of Transportation
Downtown Parking Facility Maintenance Matrix
Parking Division Fall 2022 (9/19/2022 Rev. 3)
The Parking Division of the Department of Transportation conducts several related activities in support of Downtown Santa Monica Clean and Safe Initiatives. These operational efforts include:
● SP+ parking contract tasks related to cleanliness and monitoring of facilities ● City Staff inspection roles and management of resources applied to clean and safe activities
● Funding of interdepartmental efforts to provide for basic and enhanced security and cleanliness measures,
● Periodic evaluation of effectiveness of anti-littering, graffiti, and human soiling countermeasures to adapt to changing conditions, and ● Regular collaboration and meeting with DTSM and Public Works – Promenade Maintenance partners to solution more effective and joint cleanliness and safety countermeasures.

The role of the parking contractor, SP Plus, Inc. in accomplishing basic clean and safe measures is significant and are done over three daily work shifts. The following tables describe specific tasks accomplished by SP+.

SP Plus, Inc. – Working Shifts: Effective 7/1/2022
1 = 7:00 a.m. to 4:00 p.m. (Daily/ Office: Monday to Friday) 2 = 3:00 p.m. to 11:30 p.m. (Daily)
3 = 11:00 p.m. to 7:30 a.m. (Daily)
M = 5:00 a.m. to 1:30 p.m. (Porters/ Maintenance Team: Monday to Friday) On succeeding pages are found the activities that SP Plus performs to assist with Clean and Safe Initiatives. Downtown Parking Structures 1, 2, 4, 5, 6, and 9:
9/23/2022 1
Department of Transportation
Downtown Parking Facility Maintenance Matrix
Parking Division Fall 2022 (9/19/2022 Rev. 3)
32 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Service Description Frequency Shift
Public Elevators:

Usability Inspection
Preventive
Maintenance
Major Repairs
Up-time Reports
Daily inspection of all
publicly accessible
elevators OTIS conducts
monthly inspections/ minor
repairs
As-needed safety,
electronic, & mechanical
repairs Administrative
reporting of elevator
availability
• Once daily, 7 days a week
• Monthly
• Once daily, 5 days a week
• By 5th of each Month
1 1
1 1
Parking Structure Safety Measures (PS 1, 2, 4, 5, & 6)
Service Description Frequency Shift
Fire Alarm Testing Scheduling of routine testing
functions, subcontracts with
Allen Alarm and OTIS
• Four times annually 1
Fire Alarm Repairs SP+ subcontracts with ADT
and Redhawk to conduct
on the spot repairs
• As needed 1, 2, & M
Public Restrooms –
Plumbing Issues
SP+ porters and
subcontractors on-call to
repair and replace stuck
plumbing
• As needed M
Public Restrooms –
fixture replacements
SP+ porters replace broken
sinks, urinals, toilets, mirrors,
hand dryers, and doors
• Inspection once daily, 7
days/week. • Fixture
replacement as needed
M and 1
PS 6 Emergency
Generator
Annual inspection and
testing of
emergency diesel/electric
generator
• Annual inspection by
subcontractor
M
Lighting Inspect stairwell, lobby, and
drive aisle lighting, replace
damaged or failed bulbs
• Inspect daily/ 7 days/week
• Replace as needed in
batches, weekly
M
33 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Graffiti
Countermeasures
SP+ collaboration with DTSM/
PW-PM, performs final paint
top coat
• Inspection once daily, 7
days/week. • As needed final
top-coat paint applied after
PW or DTSM graffiti removal.
1 & 2
Homeless Sweeps Monitor and report
encampments in parking
facilities to SMPD.
• Inspection once daily, 7
days/week.
1 Clarifiers/ Sanitary
Sewer Inspections
Inspect and clean out
sumps, clarifiers, and sewers
as Preventive Maintenance
• PS 1 twice per year, PS 2, 4, &
5 restroom lines three times per
year.

M
Storm Drain Cleaning Inspect and clean out storm
drains in parking facilities
• As needed or at least annually M
Storm Drain Repairs Toxic spills, water accidents,
pipe and catchment
replacements
• As-needed in collaboration
with PW - Facilities Maintenance
Division
1, 2 & M
Safety and Guide Signing, Pavement Stencils, Flex Posts: PS 1, 2, 4, 5, 6, 9 & 10) Service Description Frequency Shift
Safety Signage and
Guidance Signage
SP+ inspects daily and
cleans or replaces
damaged signs
• Inspection once daily, 7
days/week. • Sign replacement
as-needed in batch
M
Curb Painting,
Pavement
delineation
Refresh curb paint and
apply pavement stencils.
• Refresh paint one parking
structure per month, ongoing all
year.

M
Plastic Flex Points,
rubber-clad
bollards
Inspect and replace lane
posts in
structures and downtown
surface lots
• Inspect Weekly
• Replace in batches bi-monthly
M
Mirrors Parking structure Exit mirrors
at alleys and streets
• Inspect once daily, 7 days/ week
• Replace/ adjust weekly
M
Hand-rails, stair
treads, barricades
Inspection, light cleaning,
repaint metal hand-rails or
replace stair treads as
needed
• Inspect once daily, 7 days/week
• Repaint weekly
• Replace treads/flooring as
needed
M
34 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Pavement/
Concrete Repairs
Inspect and monitor,
arrange with subcontractor
for minor repairs. Consult
with Public Works
-Arch/Engr divisions as
necessary for extensive
repairs
• Inspect and report minor damage
once daily, 7 days per week
• Assign subcontractor to conduct
minor repairs in batches every two
months
1, 2 & M
Lane striping,
parking stalls,
directional arrows
Inspect and monitor wear
of lane striping, parking
stencils, arrows, and related
pavement markings
• Inspect weekly
• Assign subcontractor to refresh
pavement markings every two
years
• Conduct spot repainting as
needed
M
Parking Structure Access and Revenue Control Systems (PARCS) Ken Edwards Center; Main Library; Civic Center, PS 1, 2, 4, 5, 6, 7, 8, 9 & 10 Service Description Frequency Shift
Ticket and
Pre-paid
Scanning Kiosks
and Pay-on-Foot
Machines
Inspect, replace
stock, repair
damaged customer
interfaces, and
conduct preventive
maintenance.
• Inspect once daily, 7 days/week •
Replace ticket stock and money trays as
needed,
• Conduct repairs as needed
1 & 2
Entry & Exit Gate
arms
Inspect and replace
as need, daily
• Inspect safe and proper operation of
gate arms
• Replace as needed
1 & 2
Ken Edwards
Center Parking
Structure
Inspect and monitor
PARCS machines
Inspect gate arms
• Once daily, 7 days/week
• Replace as needed
1 or 2
1 or 2
Main Library
Parking Structure
Inspect coin, cash,
and credit card
readers, change
dispensers
Inspect gate arms
• Once daily, 7 days a week
• Replace as needed
1 & 2
1 & 2
Civic Center
Parking Structure
Inspect coin, cash,
and credit card
readers, change
dispensers
Conduct incidental
• Once daily, 7 days a week
• Once daily, 5 days a week
• Once daily, 5 days per week
1 or 2 or 3
M or 1
1, M
35 ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
pan & broom clean
up Inspect Lighting,
fire alarms, elevators
Cash and ticket
pullers
Inspect coin, cash,
and credit card
readers, change
dispensers
• Once daily, 7 days/week
• Replace/ repair as needed
1 or 2 or 3
Customer
Interface,
Communication
equipment
Inspect voice,
speaker, and pin-hole
camera
communication
system
• Once daily, 7 days/week 1
-End36
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Exhibit C: Insurance Requirements and Verification
DTSM Insurance Requirements
DTSM 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 DTSM, its agents, representatives, employees or sub-contractors.

Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:

2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if DTSM has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $2,000,000 per accident for bodily injury and property damage.

3. Property Insurance: Insurance covering all personal property stored on the premises. The policy shall be written on an “all risks” basis (excluding earthquake) and insure the personal property at full replacement cost.

4. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).

5. Commercial Crime Policy: Insurance that covers employee theft, forgery or alteration, and robbery with limits of no less than $500,000 per occurrence.

6. Non-Profit Directors and Officers Liability: 1,000,000 per occurrence, $1,000,000 aggregate.

If DTSM maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to the broader coverage or higher limits maintained by DTSM. 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 CGL policy with respect to liability arising out of work or operations performed by or on behalf of DTSM including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
provided in the form of an endorsement to the DTSM’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, DTSM’s insurance shall be primary coverage as least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the DTSM’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: DTSM hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said DTSM may acquire against the City of Santa Monica by virtue of payment of any loss. DTSM agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the DTSM, its employees, agents and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the DTSM 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 name insured or the City of Santa Monica.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M.

Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.

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

However, failure to obtain required documents prior to the work beginning shall not waive DTSM’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
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
If DTSM, 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 DTSM resulting from said breach.

Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the DTSM does not have employees.

DTSM must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.

Third Party Insurance Requirements
DTSM shall require and verify that every subcontractor or agreement of any kind entered into between DTSM and a third party (or between any DTSM subcontractor and others) procure and maintain for the duration of this 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 third party, its agents, representatives, employees, or subcontractors.

Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $8,000,000 per occurrence for subcontractors providing security services and limits of no less than $2,000,000 per occurrence for all other subcontractors. 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 Subcontractor 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.

2. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).

3. Professional Liability (Errors and Omissions): Insurance appropriates to the Subcontractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate, if applicable.

If the Subcontractor maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to the broader coverage or higher limits maintained ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
by the Subcontractor. 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
The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Subcontractor including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Subcontractor’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37). b. Primary Coverage: For any claims related to this Agreement, the Subcontractor’s insurance shall be primary coverage as least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Subcontractor’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: Subcontractor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Subcontractor may acquire against the City of Santa Monica by virtue of payment of any loss. Subcontractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the Subcontractor, its employees, agents and contractors.

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 Subcontractor 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 selfinsured retention may be satisfied by either the name insured or the City of Santa Monica.

Acceptability of Insurers
ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M.

Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.

Verification of Coverage
Subcontractor shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Subcontractor’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 Subcontractor, 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 Subcontractor resulting from said breach.

Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Subcontractor does not have employees. The Subcontractor must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.

ITEM 11.A.

JULY 25, 2023
ITEM 11.A.

JULY 25, 2023

Santa Monica City CouncilJuly 25, 2023

Santa Monica City Council
July 25, 2023