Agenda packet, second session — Santa Monica City Council, August 22, 2023 (part 1 of 2)

City of Santa Monica
City Council Meeting
AGENDA

GLEAM DAVIS
MAYOR

PHIL BROCK LANA NEGRETE

COUNCILMEMBER MAYOR PRO TEM

CHRISTINE PARRA CAROLINE TOROSIS

COUNCILMEMBER COUNCILMEMBER

JESSE ZWICK OSCAR DE LA TORRE

COUNCILMEMBER COUNCILMEMBER

DAVID WHITE

CITY MANAGER

DOUGLAS SLOAN

CITY ATTORNEY

DENISE ANDERSON-WARREN

CITY CLERK

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

City of Santa Monica Generated: 8/21/2023 5:05 PM Page 2

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

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

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

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

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

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

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

3. Closed Session.

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

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

6. Public Comment on remaining Agenda Items

7. Study Session.

8. Continued Items.

9. Administrative Proceedings.

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

11. Staff Administrative Item.

12. Public Hearings.

13. Reports of Boards and Commissions.

14. Resolutions.

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

16. Councilmember Discussion Items.

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

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

City of Santa Monica Generated: 8/21/2023 5:05 PM Page 3

AGENDAS

CITY OF SANTA MONICA

SPECIAL MEETING
CITY HALL COUNCIL CHAMBERS.
1685 MAIN STREET, ROOM 250, SANTA
MONICA, CA 90401, AND 2345 23RD STREET
TUESDAY, AUGUST 22, 2023
MEETING BEGINS AT 5:31 PM
The Santa Monica City Council Meeting will be held at 5:31 P.M., on Tuesday August 22, 2023, in the City Council Chambers, 1685 Main Street, Santa Monica, California, 90401 and at a teleconference site located at 2345 23rd Street, Santa Monica, CA 90405, where one of the Councilmembers will be present and will participate by telephone.

HOW TO PROVIDE WRITTEN PUBLIC COMMENT:

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

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

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL
(This is a special City Council meeting. Public comment is restricted to only items listed on the agenda.)

1. PUBLIC INPUT (NON-AGENDA ITEMS)
. Public input under this item will not be heard at this meeting. This is a special meeting and public input is limited to agenda items only.

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

ITEMS, CONSENT CALENDAR ONLY)

3. CLOSED SESSIONS

3.A. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 1431 Second Street, Santa Monica, California (Parking Structure 6) (APN 4291-016-902); City Negotiators: Jennifer Taylor, Economic Development Manager, and David Martin, Community Development Director; City of Santa Monica Generated: 8/21/2023 5:05 PM Page 4 Owner of Record: City of Santa Monica; Persons to be negotiated with: Gerry Cottle, Founder, Rooftop Cinema Club; Under negotiation: Price and Terms of Lease

3.B. Conference with Legal Counsel – Pending or Potential Litigation – Government Code sections 54956.9(a) and (d)(2): Gams v. City of Santa Monica

3.C. Conference with Labor Negotiator: Government Code Section 54957.6 -- Agency Designated Representatives: City Manager David White and Chief People Officer Lori Gentles; Bargaining Unit: AFSCME 4819, Management Team Association
(Please note that Agenda Items may be reordered during the Council meeting at the discretion of the City Council.)

THE FOLLOWING IS THE ORDER OF BUSINESS FOR ITEMS TO BE HEARD NO EARLIER THAN 7:00 P.M.

4. SPECIAL AGENDA ITEMS

4.A. City Manager's Report - Update by Southern California Edison

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

5.A. Award Bid to Uniform Accessories Warehouse for Big Blue Bus Motor Coach Operator Uniforms
Recommended Action
Staff recommends that the City Council:

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

2. Award Bid #4443 to Uniform Accessories Warehouse for the provision of Motor Coach Operator (MCO) uniforms for the Department of Transportation.

3. Authorize the City Manager to negotiate and execute an agreement with Uniform Accessories Warehouse, in an amount not to exceed $841,700, over a five-year period with future year funding contingent on Council budget approval.

5.B. Affirmation and Update of Los Angeles 2024 Summer Olympics and Paralympics Games Guarantee Letters to LA28
City of Santa Monica Generated: 8/21/2023 5:05 PM Page 5 Recommended Action
Staff recommends the Council:

1. Adopt a finding of Statutory Exemption pursuant to Section 15272 (Olympic Games) of the California Environmental Quality Act (CEQA) Guidelines;

2. Authorize the City Manager to submit a Venue Guarantee Letter (Attachment A) to LA28 for use of Santa Monica State Beach for Beach Volleyball during the 2028 Summer Olympics; and

3. Authorize the City Manager to submit a City Guarantee Letter (Attachment B) to LA28 for use of Santa Monica State Beach for Beach Volleyball during the 2028 Summer Olympics.

5.C. Award RFP to Stantec Consulting Services, Inc., for Water Reservoir Upgrades Engineering Design Services
Recommended Action
Staff recommends that the City Council:

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

2. Award Request for Proposal SP#2679 to Stantec Consulting Services, Inc, to provide engineering design services, develop construction documents, and provide engineering support during the construction of the Reservoir Upgrades and Improvements Project for the Public Works Department.

3. Authorize the City Manager to negotiate and execute an agreement with Stantec in an amount not to exceed $3,689,292 (including $335,390 contingency) for two years, with two additional one-year renewal options.

4. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.

5.D. Approval to enter into an agreement with SMC to pay for Memorial Park design services and approve the Design-Build RFB
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Statutory Exemption pursuant to Section 15262, Feasibility and Planning Studies, of the California Environmental Quality Act (CEQA) Guidelines;

2. Direct staff to proceed with a Request for Bids for design and pre-construction services of phases 1 and 2 of the Master Plan, as described herein;

3. Authorize the City Manager to negotiate and execute a Payment Agreement to accept an amount not to exceed $2,750,000 with Santa Monica College (SMC) for preparation of the environmental impact analysis, geotechnical engineering, and design and pre-construction services of phase 1 of the Master Plan of the Memorial Park Redevelopment and Expansion Project, as described herein;

4. Authorize the City Manager to negotiate and execute a reinstatement and fifth modification of agreement #9910 (CCS) in a reduced contract amount not to exceed $149,000 (including 10% contingency) with WSP USA Environment & Infrastructure, Inc. (formerly Wood Environmental & Infrastructure Solutions City of Santa Monica Generated: 8/21/2023 5:05 PM Page 6 Incorporated and AMEC Foster Wheeler Environment & Infrastructure, Inc.) for environmental consulting services in compliance with CEQA. This will result in a 2-year extension for an 11-year amended agreement with a new total amount not to exceed $149,000, with future year funding contingent on Council budget approval;

5. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report.

5.E. Adoption of Resolution Authorizing Application for the California Strategic Growth Council Community Resilience Centers Grant
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines

2. Adopt the attached resolution authorizing the application for grant funds from the California Strategic Growth Council Community Resilience Centers Program for the Virginia Avenue Park Community Resilience Center for the Public Works Department.

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

5.F. Accept Proposal and Enter into Agreement with the San Francisco AIDS Foundation for the AIDS/LifeCycle 2024 Finish Line Festival Recommended Actions
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15323 (Class 23 Normal Operations of Facilities for Public Gatherings) of the California Environmental Quality Act (CEQA) Guidelines; and

5.G. Award Bid to Fleming Environmental Inc. for Testing, Maintenance, and Repair of the City’s Underground and Above-ground Fuel Storage Tanks Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 and Section 15308 of the California Environmental Quality Act (CEQA) guidelines.

2. Award Bid #4449 to Fleming Environmental Inc. for testing, maintenance, and repair of the City’s underground and above-ground fuel storage tanks for the Public Works Department.

3. Authorize the City Manager to negotiate and execute an agreement with Fleming Environmental Inc. in an amount not to exceed $100,000 for one year, with four additional one-year renewal options at 3% increases per year City of Santa Monica Generated: 8/21/2023 5:05 PM Page 7 for a total amount not to exceed $531,000 over a five-year period, with future year funding contingent on Council budget approval.

5.H. Approval of First Modification of Agreement # 10796 with Axon Enterprises, Inc. for In-Car Camera Systems, Body Worn Cameras, and Cloud-Based Memory Storage for the Police Department
Recommended Action
Staff recommends that the City Council:

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

2. Authorize the City Manager to negotiate and execute a first modification to agreement #10796 in the amount of $3,155,360 (including a 10% contingency) with AXON Enterprises for the purchase of camera systems to include Body Worn Cameras (BWC), in-car cameras, and interview room cameras. The agreement will also be for the purchase of vital software components to include Evidence.com, a video management and storage system and Performance, an auditing and reviewing software. This will result in a 10-year amended agreement with a new total amount not to exceed $5,199,625.

3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.

6. PUBLIC INPUT ON REMAINING AGENDA ITEMS

7. STUDY SESSION
No items

8. CONTINUED ITEMS

8.A. Annual Appointments to the following Boards and Commissions. Continued from 7/25/2023.

Board/Commissio
n
No. of
Seats
Term
End
Date
Special Requirements
Disabilities
Commission
1 6/30/20
27 Must be self-identified person
with a disability and reside in
the City.

Housing
Commission
1 6/30/20
25 Must be a resident of the City
and be an affordable housing
program participant who is 62
years or older.

Public Safety
Reform and
Oversight
1 6/30/20
27 One shall be between 18-22
years.

City of Santa Monica Generated: 8/21/2023 5:05 PM Page 8 Commission
Urban Forest Task
Force
1 6/30/20
25 One must be current or past
certified arborist. Must reside,
work or hold business
licenses in the City

9. ADMINISTRATIVE PROCEEDINGS
No items

10. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)

10.A. Introduction and First Reading of an Ordinance Adding Santa Monica Municipal Code Chapter 3.29 to Prohibit the Open Carry of Knives, Daggers, and Swords in Public Areas
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that the proposed ordinance is categorically exempt under Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines.

2. Introduce for first reading an ordinance adding Chapter 3.29 to the Santa Monica Municipal Code establishing regulations prohibiting the open carry of knives, daggers, and swords in public areas.

10.B. Introduction and First Reading an Ordinance Amending Santa Monica Municipal Code Chapter 3.24 to Regulate Retail Firearm Sales, Establish Additional Firearm Owner Responsibilities, Restrict Weapon Usage on CityOwned Property and Other Locations, Establish a Voluntary Commitment Program, and Ban Non-Serialized Firearms in the City
Recommended Action
Staff recommends that Council:

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

2. Introduce for first reading an ordinance amending Santa Monica Municipal Code Chapter 3.24 to regulate retail firearm sales, establish additional firearm owner responsibilities, restrict weapon usage on City-owned property and other locations, establish a voluntary commitment program, and ban nonserialized firearms in the City.

City of Santa Monica Generated: 8/21/2023 5:05 PM Page 9

10.C. Introduction and First Reading of Ordinance Amending the Text of the Santa Monica Municipal Code Creating Article 13, Neighborhood Preservation, and Chapter 13.02, Property Maintenance, and Chapter 13.04, Vacant Properties and Moving Language Found in Chapter 8.96, Abatement of Nuisances, to New Chapter 13.06, Abatement of Nuisances, and Retitling Chapter 8.96 to Reserved
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption and no possibility of significant effect pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) and Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Introduce for first reading an Ordinance amending the text of the Santa Monica Municipal Code by creating new Article 13, Neighborhood Preservation, Chapter 13.02, Property Maintenance, and Chapter 13.04, Vacant Properties, and moving language found in Chapter 8.96, Abatement of Nuisances, to new Chapter 13.06, Abatement of Nuisances, and retitling Chapter 8.96 to Reserved.

3. Adopt Resolution Amending the Administrative Citation Schedule of Fines for Fiscal Year 2023-24 to Include Violations of Chapters 13.02, Property Maintenance, 13.04, Vacant Properties, and 13.06, Abatement of Nuisances, to the Administrative Citation Fee Schedule and Removing All Violations of Chapter 8.96, Abatement of Nuisances from the Administrative Citation Fee Schedule.

4. Consider providing direction to staff to return at a future City Council meeting with an item creating a vacant property registration program that includes fees which serve to recover costs associated with the inspection and ongoing monitoring of vacant properties in the City of Santa Monica.

11. STAFF ADMINISTRATIVE ITEMS
No items

12. PUBLIC HEARINGS
No items

13. REPORTS OF BOARDS AND COMMISSIONS
No items

14. RESOLUTIONS

14.A. Adoption of Resolution to Establish a City of Santa Monica Poet Laureate Program
Recommended Action
Staff recommends that the City Council:

City of Santa Monica Generated: 8/21/2023 5:05 PM Page 10

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

2. Adopt a Resolution establishing a City of Santa Monica Poet Laureate program and the program’s terms and conditions.

3. Authorize the City Manager or designee to take implementing actions necessary to administer the Poet Laureate program.

15. WRITTEN COMMUNICATIONS
No items

16. COUNCILMEMBER DISCUSSION ITEMS

16.A. Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on 6/30/2025.

16.B. Recommendation to rescind the appointment of Kate Evarts to the Housing Commission for failure to attend Commission Meetings; and, Authorization for the City Clerk to Publish Vacancy.

16.C. Recommendation to accept Josh Hamilton's resignation from the Housing Commission and authorize the City Clerk to publish the vacancy.

16.D. Recommendation to accept Debra Senopole's resignation from the Disabilities Commission and authorize the City Clerk to publish the vacancy.

16.E. Request of Mayor Pro Tem Negrete to direct the City Manager to waive any facility fees and allow the use of the Council Chambers for a public hearing hosted by the California State Board of Equalization (BOE), tentatively scheduled for October 19, 2023 between 9 am- 5 pm. The meeting will be open to the public and will provide valuable information regarding affordable housing tax credits.

16.F. Request of Mayor Pro Tem Negrete and Councilmembers Parra and Brock that, to kick off Hispanic Heritage Month festivities, Council direct the City Manager to (1) waive fees associated with the partial use of the parking lot on the Santa Monica Pier to support the 3rd Annual Santa Monica Classic Car Show scheduled for September 9, 2023, presented by the Pico Youth and Family Center; and (2) allocate up to $7,000 of Council discretionary funds to reimburse the Pico Youth and Family Center for documented expenditures to support sound & stage, entertainment, and promotional materials for this event that will be free and open to the public.

16.G. Request of Councilmember de la Torre to allocate $2000 of Council discretionary funds to host a delegation of municipal and business leaders from Sister City Mazatlán, Mexico on September 6, 2023. Topics will focus on exchanges of successful experiences in municipal affairs, strengthening ties between the two cities, and discussing business opportunities. Funds will be used for food, transportation and related expenses.

City of Santa Monica Generated: 8/21/2023 5:05 PM Page 11

16.H. Request of Councilmember Torosis, Mayor Davis, and Councilmember Zwick to allocate $9000 of Council discretionary funds to the Westside Coalition in support of the annual Martin Luther King Jr. Celebration to be held on January 15, 2024. This celebration will mark the 39th anniversary of the event and will embrace the theme “Stop the Hate, Start the Healing”. The program will be free and open to the public.

16.I. Request of Councilmember Torosis, Councilmember Zwick, and Mayor Davis directing the City Manager and City Attorney to implement and develop recommendations for programs and ordinances to protect the 70 percent of Santa Monicans who are renters amidst record evictions.

16.J. Mayor Davis, Mayor Pro Tem Negrete, and Councilmember Brock directs the City Manager and City Attorney to investigate and analyze the process employed by the LA County Department of Public Health leading to its syringe exchange program in Santa Monica in light of the August 14, 2023 California appellate court decision of Grant Park Neighborhood Association Advocates v. Department of Public Health, Santa Cruz County, Third Appellate District, holding the California Department of Public Health is required to engage in a fully interactive process with affected local jurisdictions prior to implementing a syringe exchange program, then return with information and take all necessary action consistent with ensuring the legally required process is followed. On September 13, 2022, the City Council unanimously authorized sending a letter seeking the assistance of Los Angeles County in immediately moving the Harm Reduction Syringe Services Program to a service rich environment (preferably indoors) where individuals in need of substance abuse, mental health, and other services can coordinate and work directly with service providers. Subsequently, Los Angeles County transitioned to operating the Harm Reduction Syringe Services Program via mobile vans that operates for a cumulative three hours per week.

16.K. Councilmembers Brock, de la Torre and Parra request that the City Manager and City Attorney explain the following: (1) the relationship between AHPP and the ability to be eligible for State Density Bonus and (2) whether AHPP requirements are consistent with income requirements under State Density Bonus law. Also, the City Manager and City Attorney are being asked to discuss the compounding effects of the AHPP and State Density Bonus on building height and density. On April 11, 2023 (Agenda item 10-b), the City Council voted to amend the Zoning Ordinance to ensure consistency with State law and the City’s certified Housing Element that included an updated Affordable Housing Production Program (AHPP).

City of Santa Monica Generated: 8/21/2023 5:05 PM Page 12

16.L. Request of Councilmembers Brock, Parra, and de la Torre, in the spirit of diversity, equity and inclusion, that the City Council desires to provide for the participation of not less than one homeless individual or formerly homeless individual on the Santa Monica Housing Authority Board (SMHAB), and that the City Council hereby appoints the candidate recommended by the Housing Commission, Ms. Courtney Lauretano, to the SMHAB as of today's date, to serve until the formal establishment of the rules pertaining to the selection of the proposed Client Advisory Board representation on the SMHAB is completed.

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

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

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

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

Santa Monica Blue Bus Lines #2, #3, #5, #9 and the EXPO Line serve City Hall. Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).

City Council
Report
City Council Meeting: August 22, 2023
Agenda Item: 4.A
1 of 1
To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: City Manager's Report - Update by Southern California Edison Prepared By: Sergio Ramirez, Acting Chief of Staff
Approved Forwarded to Council

4.A
Packet Pg. 13
City Council
Report
City Council Meeting: August 22, 2023
Agenda Item: 5.A
1 of 4
To: Mayor and City Council
From: Anuj Gupta, Interim Director of Transportation, Department of Transportation, Transit Operations
Subject: Award Bid to Uniform Accessories Warehouse for Big Blue Bus Motor Coach Operator Uniforms
Recommended Action
Staff recommends that the City Council:

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

2. Award Bid #4443 to Uniform Accessories Warehouse for the provision of Motor Coach Operator (MCO) uniforms for the Department of Transportation.

Summary
Big Blue Bus (BBB), a division of the Santa Monica Department of Transportation (DOT), employs Motor Coach Operators (MCOs) tasked with operating its bus service across the greater Los Angeles area. As part of the Memorandum of Understanding between the City and the MCOs’ bargaining unit SMART-TD, the City is directed to provide uniforms and related supplies and services to each MCO on an annual basis.

After conducting a formal solicitation and reviewing the bids received, staff recommends that Bid #4443 be awarded to Uniform Accessories Warehouse for the provision of uniforms and related services for a total amount not to exceed $841,700 over a fiveyear period.

5.A
Packet Pg. 14
2 of 4
Discussion
To ensure MCOs dress uniformly to present a professional image to the public, the City and the MCOs’ bargaining unit SMART-TD agreed to a voucher system for the purchase of new uniforms which include but are not limited to shirts, pants, sweaters, shoes, jackets, and belts. Vendors will also generally provide alteration services at the time of the initial purchase, as well as the embroidery and installation of City patches and emblems reflecting safe driving awards. Using this voucher system provides MCOs discretion in the type and quantity of items purchased based on their own individual requirements and uniform needs. These vouchers can be used in-store, or during scheduled vendor site visits to the BBB facility. While DOT is among many transit agencies actively addressing a national shortage in MCOs, the department continues to yield positive results in response to its recruitment efforts and continues to add newly trained MCOs to its ranks. As a result, DOT anticipates that approximately 323 MCOs will require uniform vouchers annually, taking into consideration natural attrition. The not to exceed amount of $841,700 considers both the annual uniform voucher amount and the total budgeted MCO full-time equivalents (FTE). The winning bid provided by the recommended best bidder was an estimated total cost based on itemized uniform quantities provided in the procurement process.

5.A
Packet Pg. 15
3 of 4
Vendor Selection
Bidder Recommendation
Best Bidder Uniform Accessories Warehouse
Evaluation Criteria Price; the quality of the uniform material and alteration services offered; the ability, capacity, and skill of the bidder to provide excellent customer experience for MCOs selecting uniforms.

Municipal Code SMMC 2.24.180
Submittals Received
Sinatra Uniforms,
Inc
$934,972.50
Uniform
Accessories
Warehouse
$657,892.50
Becnel Uniforms $899,445.25
Bid Data
Date
Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
6/26/2023 City's Online
Bidding Site
Santa Monica Daily
Press
23 7/11/2023
Best Bidder Justification
Bids were evaluated based on the criteria in SMMC 2.24.180 including price, customer experience, and capacity to provide quality MCO uniforms. Staff recommends Uniform Accessories Warehouse as the best bidder based on their ability to provide a high level of customer service and customer experience during the provision of MCO uniform services. Uniform Accessories Warehouse maintains a modern and dynamic facility that produces uniforms onsite versus outsourcing the work and is able to provide MCOs with a high level of customer service while sampling uniforms. Over the last 7 years Uniform Accessories Warehouse has provided Santa Monica Police Department with excellent service in providing police uniforms. Uniform Accessories Warehouse is also the lowestcost bidder. It is for these reasons that Staff recommends Uniform Accessories Warehouse as the best bidder and the lowest cost bidder.

5.A
Packet Pg. 16
4 of 4
significant effect on the environment.” The agreement will provide the City with MCO uniforms and related services. Therefore, it can be seen with certainty that the proposed agreement would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Big Blue Bus Fund to award a contract with Uniform Accessories Warehouse for MCO uniforms and related services. Future year funding is contingent on Council budget approval.

Contract Request
Vendor Account # FY2023-24
Request Amount
Future
Years
Amount
Total Contract
Amount
Uniform Accessories
Warehouse
60600013.523380 $92,340 $749,360 $841,700
Prepared By: Peter Seller, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. Uniform Warehouse Oaks Form 7.20.23

5.A
Packet Pg. 17

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

Public benefits include:

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

2. Sale of material, equipment or supplies to the City in excess of $25,000 over a12- month period;

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

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

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

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

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

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

None
Name(s) of trustees, directors, partners, and officers:

None
Name(s) of persons with more than a 10% equity, participation, or revenueinterest:

None
Prepared by: Title:

Signature: Date:

Email: Phone:

FOR CITY USE ONLY:

Bid/PO/Contract # Permit #

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Attachment: Uniform Warehouse Oaks Form 7.20.23 (5949 : Award Contract to Big Blue Bus Motor Coach Operator Uniform Vendor) City Council
Report
City Council Meeting: August 22, 2023
Agenda Item: 5.B
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To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: Affirmation and Update of Los Angeles 2024 Summer Olympics and Paralympics Games Guarantee Letters to LA28
Recommended Action
Staff recommends the Council:

1. Adopt a finding of Statutory Exemption pursuant to Section 15272 (Olympic Games) of the California Environmental Quality Act (CEQA) Guidelines;

2. Authorize the City Manager to submit a Venue Guarantee Letter (Attachment A) to LA28 for use of Santa Monica State Beach for Beach Volleyball during the 2028 Summer Olympics; and

3. Authorize the City Manager to submit a City Guarantee Letter (Attachment B) to LA28 for use of Santa Monica State Beach for Beach Volleyball during the 2028 Summer Olympics.

Summary
On September 13, 2016, the Santa Monica City Council approved the Venue and City Guarantee letters for the LA 2024 Summer Olympics and Paralympics (Attachments C and D). These letters served as an official commitment by the City to host the Olympic sport of beach volleyball, and outlined general guarantees related to the use of City facilities, infrastructure support, and an initial estimate of beach and parking lot rental costs. Council’s approval of these letters demonstrated Santa Monica's readiness and commitment to supporting the LA 2024 Summer Olympics and Paralympics bid.

Exactly one year after Council’s approval of the guarantee letters, the International Olympic Committee (IOC) awarded the 2028 Summer Olympics and Paralympics to the City of Los Angeles, now known as LA28. To align with this new timeline, it is necessary

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to update the guarantee letters to reflect the transition from LA 2024 to LA28, reiterate the City of Santa Monica’s support for Los Angeles as the host city, and confirm Santa Monica’s commitment to hosting the Olympic sport of beach volleyball as a venue city.

Following Council’s approval of the updated guarantee letters, staff would begin negotiating the Venue City Games Agreement, which would include more detailed terms and conditions. The draft agreement terms would first be vetted through a community outreach process in collaboration with LA28, and then brought to Council for approval in early 2024.

Once Council has approved the Venue City Games Agreement, staff would then begin negotiating the Enhanced City Master Agreement, which would include all terms and conditions, financial obligations, and detailed commitments for municipal services.

Discussion
On September 13, 2016, the Council approved the Venue Guarantee Letters for the LA 2024 Summer Olympics bid. Los Angeles was one of four cities bidding to host the 2024 Olympic and Paralympic Games. The LA 2024 Exploratory Committee (LA 2024) sought conceptual approval and agreement to minimum terms for the venue use, which was anticipated to form the basis of the Venue Use Agreement if Los Angeles won the 2024 Games.

Prior to the Council’s approval of the LA 2024 guarantee letters in 2016, staff conducted community outreach in partnership with the LA 2024 Communications Team and provided presentations to beach residents, Planning Commission, Recreation and Parks Commission, Pier Corporation Board, Santa Monica Pier Lessees Association, and the State Department of Parks and Recreation.

On September 13, 2017, the IOC awarded the 2028 Summer Olympic and Paralympic Games to Los Angeles, while simultaneously awarding the 2024 Games to Paris, France. Now that LA 2024 has transitioned to LA28, it is necessary to update the Venue and City Guarantee letters accordingly. The Venue Guarantee establishes the minimum

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terms, including the exclusive use period, rental fee, and reimbursement for the loss of parking revenue. The City Guarantee letter includes commitments by the City to not stage major events during the Games, protect the marketing rights of the Los Angeles Organizing Committee for the Olympic and Paralympic Games (OCOG), provide basic public services, comply with local laws, and collaborate with the United States Department of Homeland Security on public safety efforts.

The proposed beach volleyball venue on Santa Monica State Beach is the only Olympic sport that will be hosted in Santa Monica. The concept plan includes a temporary 12,000-seat stadium on the sand north of the Santa Monica Pier, warm-up and practice courts, and operational and broadcast components in Beach Lot 1 North (Attachment E). The plan also outlines security measures, transportation solutions, and construction schedules. In 2016, the rental fee for the venue was estimated to be approximately $3.7 million, based on established formulas and current rates, the rental fee would be updated to 2028 market rates. The preliminary construction plan would phase the closure of Beach Lot 1 North and the beach area as follows:
• April and May 2028: Approximately 400 spaces in Beach Lot 1 North would be occupied.
• June 2028: 800 spaces in Beach Lot 1 North would be occupied as well as the beach construction area.
• July 14 – 30, 2028: LA28 Summer Olympic Games
• July and August 2028 (dates TBD): Entire Beach Lot 1 North and beach venue area would be fenced.
• August 2028 (dates TBD): tear down; approximately 800 parking spaces would be occupied in Beach Lot 1 North.

The closure of Beach Lot 1 North and reduced parking capacity during the Games would have significant impacts. Alternative parking and transportation options, as well as a communication plan for residents and visitors, would be developed during the negotiation of the Venue Use Agreement.

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Environmental Analysis
Conceptual approval for the Olympic Games is statutorily exempt from CEQA pursuant to Section 15272 of the State CEQA Guidelines, which states that “CEQA does not apply to activities or approvals necessary to the bidding for, hosting or staffing of, and funding or carrying out of Olympic Games under the authority of the International Olympic Committee, except for the construction of facilities necessary for such Olympic Games.” The construction of the temporary stadium on the beach would be subject to further review to determine the level of environmental clearance necessary.

Past Council Action
Meeting Date Description
09/13/2016
(Attachment F)
Approval of City and Venue Guarantee Letters for the Los Angeles 2024 Summer Olympics and Paralympics Bid
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council in the future with specific budget actions upon approval of the Venue City Games and Enhanced City Master Agreements.

Prepared By: Melissa Spagnuolo, Community Partnerships Manager Approved Forwarded to Council
Attachments:

A. Venue Guarantee Letter LA28 (draft)
B. City Guarantee Letter LA28 (draft)
C. Venue Use Guarantee Letter LA 2024
D. City Guarantee Letters LA 2024

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E. Aerial View of Proposed Venue Site
F. City Council Staff Report - September 13, 2016 (Web Link)

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[________] [_], 2023
International Olympic Committee
Chateau de Vidy
1007 Lausanne
Switzerland
Attention: Thomas Bach, President
Los Angeles Organizing Committee for the
Olympic and Paralympic Games 2028
10900 Wilshire Blvd., Suite 700
Los Angeles, CA 90024
Attention: Casey Wasserman, Chairperson
Re: Venue Guarantee – 2028 Olympic and Paralympic Games Dear President Bach and Mr. Wasserman:

On behalf of the City of Santa Monica (the “City”), as the owner of a certain Venue (as defined in the Guarantee described below) within the City, we are pleased to reiterate our complete support for the City of Los Angeles’ election as host of the 2028 Olympic and Paralympic Games (the “2028 Games”). The City remains honored that the Venue is to host certain 2028 Games events and hereby confirms that the attached guarantee letter dated September 14, 2016 re: Venue Use Guarantee – Los Angeles 2024 (G2.20 / Stage 2 Candidature Questionnaire Olympic Games 2024) (the “Guarantee”) previously provided by the City in relation to the 2024 Olympic and Paralympic Games candidature process continues to apply, mutatis mutandis, in the context of the 2028 Games, with relevant dates adjusted to comparative dates for the 2028 Games.

The City looks forward to partnering on what we are confident will be a tremendously successful Games.

Thank you.

Sincerely,
The City of Santa Monica
By: ________________________
[NAME]
[TITLE]
City of Santa Monica
ATTACHMENT A 5.B.a
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Attachment: Venue Guarantee Letter LA28 (draft) (5952 : Affirmation of LA 2024 Agreements for LA28) [________] [_], 2023
International Olympic Committee
Chateau de Vidy
1007 Lausanne
Switzerland
Attention: Thomas Bach, President
Los Angeles Organizing Committee for the
Olympic and Paralympic Games 2028 (“LA28”)
10900 Wilshire Blvd., Suite 700
Los Angeles, CA 90024
Attention: Casey Wasserman, Chairperson
Re: City Guarantee – 2028 Olympic and Paralympic Games
Dear President Bach and Mr. Wasserman:

On behalf of the City of Santa Monica (the “City”), we are pleased to reiterate our complete support for the City of Los Angeles’ election as host of the 2028 Olympic and Paralympic Games (the “2028 Games”).

The City remains honored to participate in the 2028 Games as a venue city and hereby confirms the attached guarantee letters dated February 1, 2016 re: Candidature Questionnaire Olympic Games 2024 – Stage 1 (G1.2 and 1.3) and September 14, 2016 re: Stage 2 (G2.2, 2.3, 2.11, 2.13, 2.25, 2.31 and 2.32) previously provided by the City in relation to the 2024 Olympic and Paralympic Games candidature process continues to apply, mutatis mutandis, in the context of the 2028 Games.

Notwithstanding the foregoing, State and City laws regarding street vending have been revised since signing the guarantee letters referenced above; however, the City will work in good faith with LA28 to ensure that appropriate legislation is in place in the City to regulate unauthorized street trading and will reference the appropriate legislation in the Venue City Games Agreement.

The City looks forward to continuing to work with the City of Los Angeles as the 2028 Games approach.

The return of the Olympic and Paralympic Games to the United States in 2028 will be a watershed event in our nation’s history, and we look forward to partnering on what we are confident will be a tremendously successful Games. Thank you.

Sincerely,
The City of Santa Monica
By: ________________________
[NAME]
[TITLE]
City of Santa Monica
Attachment B5.B.b
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Attachment: City Guarantee Letter LA28 (draft) (5952 : Affirmation of LA 2024 Agreements for LA28) ATTACHMENT C 5.B.c
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Attachment: Venue Use Guarantee Letter LA 2024 (5952 : Affirmation of LA 2024 Agreements for LA28)

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Attachment: Venue Use Guarantee Letter LA 2024 (5952 : Affirmation of LA 2024 Agreements for LA28)

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Attachment: Venue Use Guarantee Letter LA 2024 (5952 : Affirmation of LA 2024 Agreements for LA28)

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Attachment: Venue Use Guarantee Letter LA 2024 (5952 : Affirmation of LA 2024 Agreements for LA28)

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Attachment: Venue Use Guarantee Letter LA 2024 (5952 : Affirmation of LA 2024 Agreements for LA28)

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Attachment: Venue Use Guarantee Letter LA 2024 (5952 : Affirmation of LA 2024 Agreements for LA28)

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Attachment: Venue Use Guarantee Letter LA 2024 (5952 : Affirmation of LA 2024 Agreements for LA28)

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Attachment: Venue Use Guarantee Letter LA 2024 (5952 : Affirmation of LA 2024 Agreements for LA28)

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Attachment: Venue Use Guarantee Letter LA 2024 (5952 : Affirmation of LA 2024 Agreements for LA28)

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Attachment: Venue Use Guarantee Letter LA 2024 (5952 : Affirmation of LA 2024 Agreements for LA28)

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Attachment: Venue Use Guarantee Letter LA 2024 (5952 : Affirmation of LA 2024 Agreements for LA28)

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Attachment: Venue Use Guarantee Letter LA 2024 (5952 : Affirmation of LA 2024 Agreements for LA28) ATTACHMENT D 5.B.d
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Attachment: City Guarantee Letters LA 2024 (5952 : Affirmation of LA 2024 Agreements for LA28)

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Attachment: City Guarantee Letters LA 2024 (5952 : Affirmation of LA 2024 Agreements for LA28)

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Attachment: City Guarantee Letters LA 2024 (5952 : Affirmation of LA 2024 Agreements for LA28)

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Attachment: City Guarantee Letters LA 2024 (5952 : Affirmation of LA 2024 Agreements for LA28)

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Attachment: City Guarantee Letters LA 2024 (5952 : Affirmation of LA 2024 Agreements for LA28)

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Attachment: City Guarantee Letters LA 2024 (5952 : Affirmation of LA 2024 Agreements for LA28)

ATTACHMENT E

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Attachment: Aerial View of Proposed Venue Site (5952 : Affirmation of LA 2024 Agreements for LA28) City Council
Report
City Council Meeting: August 22, 2023
Agenda Item: 5.C
1 of 5
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Award RFP to Stantec Consulting Services, Inc., for Water Reservoir Upgrades Engineering Design Services
Recommended Action
Staff recommends that the City Council:

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

4. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.

Summary
The City of Santa Monica owns and operates four drinking water storage reservoirs (Arcadia, San Vicente, Mt. Olivette, and Riviera) with a combined storage capacity of approximately 40 million gallons to meet the water demands of the City’s residents and businesses. These reservoirs were built between 1924 and 1962. Due to age, upgrades are necessary at each reservoir to comply with new regulations, improve security, and enhance operations to maintain reliable and high-quality drinking water for the City. The Reservoir Upgrades and Improvements Project (Project) would consist of a comprehensive inspection and assessment of all components of the four reservoirs

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including structures, pumps, piping, electrical, mechanical, instrumentation, controls, and other appurtenances required for successful operations. In addition, the Project would include preparation of a basis of design report, which will establish design criteria for the upgrades at each reservoir, and the preparation of bidding documents consisting of technical specifications and drawings for the rehabilitation of each reservoir. The Project would help achieve the City’s commitment of delivering safe and reliable water to its residents and commercial customers. Staff recommends Stantec Consulting Services, Inc., to provide engineering design services, develop construction documents, and provide engineering support during the construction phase of the project for an amount not to exceed $3,689,292 (including $335,390 contingency).

Discussion
All four of the City’s drinking water storage reservoirs (Arcadia, San Vicente, Mt.

Olivette, and Riviera) are in need of substantial repairs and rehabilitations. All four reservoirs are critical in maintaining continuous service for the City’s customers, especially during peak demand periods when the City’s daytime population could increase by four to five times. In 2018, the California State Water Resources Control Board Division of Drinking Water (DDW) performed its routine survey on the City’s drinking water production and distribution facilities. DDW’s survey identified reliability and operational improvements for the water reservoirs to protect and enhance City drinking water quality. In March 2021, the City conducted a separate assessment of the four reservoirs which resulted in additional recommendations to rehabilitate the reservoirs. In February 2022, when Arcadia Reservoir was drained, an in-depth structural assessment was conducted, and additional recommendations were provided.

All four reservoir assessments recommend several repairs and rehabilitation activities which are intended to improve reservoir resiliency and reliability as well as protect and maintain drinking water quality within the distribution system to meet all Federal and State drinking water requirements.

Vendor Selection

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Bidder Recommendation
Best Qualified
Person/Firm
Stantec Consulting Services, Inc.

Evaluation Criteria Training/credential/experience, competence/skill, capacity/ability to perform services promptly, sufficiency of financial/other resources, character/reputation, ability to provide future services needed and price.

Municipal Code SMMC 2.24.190
Proposals received
Arcadis Stantec Consultant Services, Inc.

Richard Brady and Associates, Inc.

RFP Data
Posted On Posted On Advertised in (City
Charter &SMMC)
Vendor
Downloaded
Date Publicly
Opened
03/31/2023 City’s Online
Bidding Site
Santa Monica Daily Press 60 05/15/2023
Justification to Award
The proposals were reviewed by a selection panel consisting of staff from the Engineering & Street Services and Water Resources Divisions. The proposal evaluations were based on previous project experience similar in size and scope, references, quality of work/ work plans/ timelines, project team proposed, cost, presentation/ demonstration/understanding of project goals and compliance with City requirements. Staff then interviewed all three firms in person. Based on the evaluation criteria and their extensive and prior experience in developing similar projects for other California municipalities and agencies including City of Henderson, City of Escondido, City of South Pasadena, and City of Manhattan Beach, staff recommends Stantec Consulting Services Inc., as the best qualified firm to provide the engineering design services for the Upgrades and Improvements for the Water Reservoirs Project.

Past Council Actions
Meeting Date Description
11/27/2018 (Attachment A) Approved Updated Sustainable Water Master Plan and Pathway to self-Sufficiency

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Environmental Review
The Project is categorically exempt as a Class 2 exemption pursuant to Section 15302 of the CEQA Guidelines, which exempts replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. This project would rehabilitate and upgrade four (4) reservoirs to comply with new regulations in addition to improved security and enhanced operations to maintain reliable and high-quality drinking water for the City. The improvements would consist of a comprehensive inspection and assessment of all components of the four reservoirs and the replacement of existing components with new components, without changing the existing footprint or foundations of the four reservoirs.

Furthermore, Staff has determined that none of the Exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this project.

Financial Impacts
Staff seeks authority to approve available funding in the Water Fund to award an agreement with Stantec Consulting Services, Inc., to provide engineering design services, develop construction documents, and engineering support during the construction phase of the Project. The cost is included in the FY 2023-24 Capital Improvement Program Budget. Award of the agreement would require additional appropriations from the Water Fund in the amount of $182,266 from the Water Resources Division’s operating budget.

FY 2023-24 CIP Budget Changes
Additional Funds to be Appropriated
Account Number Amount
C5007620.689000 $182,266
Agreement Request
FY 2023-24
Amount
Future Years
Amount
CIP Account # Total Contract
Amount
$3,500,000 $189,292 C5007620.689000 $3,689,292
Future year funding is contingent on Council budget approval.

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Prepared By: Tom Shahbazi, Civil Engineer
Approved Forwarded to Council
Attachments:

A. November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update
B. Oaks Initiative Form - Stantec Consulting Services, Inc.

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update (5945 : Award RFP SP2679 to Stantec Consulting

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Attachment: Oaks Initiative Form - Stantec Consulting Services, Inc. (5945 : Award RFP SP2679 to Stantec Consulting Services, Inc., for Water

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Attachment: Oaks Initiative Form - Stantec Consulting Services, Inc. (5945 : Award RFP SP2679 to Stantec Consulting Services, Inc., for Water

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Attachment: Oaks Initiative Form - Stantec Consulting Services, Inc. (5945 : Award RFP SP2679 to Stantec Consulting Services, Inc., for Water

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Attachment: Oaks Initiative Form - Stantec Consulting Services, Inc. (5945 : Award RFP SP2679 to Stantec Consulting Services, Inc., for Water City Council
Report
City Council Meeting: August 22, 2023
Agenda Item: 5.D
1 of 10
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Architecture Services Subject: Approval to enter into an agreement with SMC to pay for Memorial Park design services and approve the Design-Build RFB
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Statutory Exemption pursuant to Section 15262, Feasibility and Planning Studies, of the California Environmental Quality Act (CEQA) Guidelines;

2. Direct staff to proceed with a Request for Bids for design and pre-construction services of phases 1 and 2 of the Master Plan, as described herein;

4. Authorize the City Manager to negotiate and execute a reinstatement and fifth modification of agreement #9910 (CCS) in a reduced contract amount not to exceed $149,000 (including 10% contingency) with WSP USA Environment & Infrastructure, Inc. (formerly Wood Environmental & Infrastructure Solutions Incorporated and AMEC Foster Wheeler Environment & Infrastructure, Inc.) for environmental consulting services in compliance with CEQA. This will result in a 2-year extension for an 11-year amended agreement with a new total amount not to exceed $149,000, with future year funding contingent on Council budget approval;

5. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report.

Summary
The City of Santa Monica’s Memorial Park Redevelopment and Expansion Project (Project) would combine the existing 10.3-acre Memorial Park with the former Fisher Lumber site (a City-owned, 2.9-acre property adjacent to the existing park) into a 13.2-

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acre newly renovated and expanded community park that meets the increasing demand for recreational activities. The combined site is bound by Colorado Avenue to the north, 16th Street to the east, Olympic Boulevard to the south, and 14th Street to the west.

The Project would integrate components of the Pedestrian Action Plan and Bicycle Action Plan and require the relocation of the City’s Public Landscape Division (PLD). An extensive community outreach process guided the development of a Master Plan layout and park program for the future renovation and expansion of Memorial Park that would include additional diamond sports fields and other highly desired community amenities.

A subsequent community outreach effort identified potential relocation sites for PLD.

Staff will return to City Council with options for the relocation of PLD at a future meeting.

Staff recommends the Council provide direction to staff to proceed with a Request for Bids (RFB) for professional design and pre-construction services for phases 1 and 2, as described herein; authorize the City Manager to negotiate a payment agreement with Santa Monica College (SMC) that would facilitate a funding contribution in an amount not to exceed $2,750,000 for the preparation of the environmental impact analysis, geotechnical engineering, and design and pre-construction services of phase 1 of the Master Plan, as described herein, of the proposed renovated and expanded facilities at Memorial Park; and authorize the reinstatement of and fifth modification to WSP’s existing contract not to exceed a reduced contract amount of $149,000 (including 10% contingency) to provide environmental impact analysis of the proposed Master Plan consistent with the California Environmental Quality Act (CEQA) and prepare CEQA compliant documentation for the project. This modification will result in a 2-year extension of the contract term resulting in an 11-year amended agreement with a new total amount not to exceed $149,000, with future year funding contingent on Council budget approval.

Background
The City of Santa Monica parks system includes 32 parks encompassing more than 130 acres. Memorial Park was established in the 1950s and is geographically located in the center of the City. It is important to the overall park system, serving as the primary park

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for baseball and softball, offering a space for pickleball and tennis, and being the home of the City’s only public gymnasium and skate park.

The Project would combine the existing 10.3-acre Memorial Park with the former Fisher Lumber site (a City-owned, 2.9-acre property adjacent to the existing park) into a 13.2- acre newly renovated and expanded community park that meets the increasing demand for recreational activities. An extensive community outreach process guided the development of a Master Plan layout and park program with an estimated cost of $100- $116 million, for the future renovation and expansion of Memorial Park that would include additional diamond sports fields and other highly desired community amenities.

In 2019, following Master Plan approval, staff coordinated with SMC and the Santa Monica Malibu Unified School District (SMMUSD) to develop the original phase 1 of the project at an estimated cost of $30 million, with proposed funding of $20 million from SMC Measure V funds, and $5 million each from SMMUSD Measure SMS bonds and City of Santa Monica Capital Improvement Program (CIP) budget funds, conditioned on programmed joint use of the completed facilities. The City moved forward with a designbuild contract award in February 2020, but never executed the design-build contract when the project was suspended later that year due to the COVID-19 pandemic.

Staff returned to Council in fall 2022 for a study session to consider next steps for the Memorial Park Expansion Project. Staff presented a reduced scope of work for phase 1 in consideration of limited funding and increased construction costs. Of the previously identified $30 million, only the $20 million dedicated to park redevelopment from the SMC bond measure remained available. Council directed staff to proceed with the proposed revised scope and to return with next steps, to reengage SMC and SMMUSD in negotiations for potential fiscal and use agreements, and to present a recommended alternate site for the temporary relocation of the PLD operations yard.

Environmental Contract
Council authorized a contract with WSP (formerly Wood Environmental and Infrastructure Solutions Inc. and AMEC Environment & Infrastructure, Inc.) in May 2014

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in the amount not to exceed $378,000 for environmental consulting services related to the Memorial Park Neighborhood Plan. Services related to the Memorial Park Redevelopment and Expansion were not included in the original scope of work and were added by Council approval of a fourth modification to the agreement in the amount of $149,000 (including 10% contingency) resulting in a total contract amount of $527,000 in October 2019. Due to the COVID-19 pandemic the Memorial Park Redevelopment and Expansion Project was suspended and the agreement for environmental consulting services expired on June 30, 2023. Staff recommends reinstating the agreement with WSP for the previously approved scope of work and contract amount for the Memorial Park Redevelopment and Expansion Project, excluding the scope related to the Memorial Park Neighborhood Plan, with a 2-year extension resulting in an 11-year total contract term and contract amount of $149,000 (including a 10% contingency).

Discussion
Memorial Park is the City of Santa Monica’s primary public park for hosting diamond sports activities. Youth baseball, youth fast pitch softball, high school baseball, and adult softball leagues use the fields at Memorial Park. The park also houses the only public gymnasium and skate park in Santa Monica.

The existing buildings house the Santa Monica Police Activities League (PAL), community meeting rooms, staff offices, a small fitness gym and the Memorial Park gymnasium.

Along the park’s northern boundary sits the former Fisher Lumber site, which currently houses the City’s Public Landscape Division offices, vehicles, and equipment. Options for the relocation of PLD will be presented at a future Council meeting.

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The feasibility study and Master Planning process included an examination of existing conditions and park program elements and the completion of an extensive community outreach process. The result is a single, cohesive Master Plan layout that would address long-standing issues at Memorial Park, including but not limited to inadequate field functionality, restrictive perimeter and edge conditions, poor connections to the surrounding neighborhood, and misused restrooms and other amenities. The existing condition and approved Master Plan are shown below in Figure 1.

Figure 1. Existing Memorial Park and Approved Master Plan Layout The Master Plan always envisioned a phased approach that would be implemented over time as funding was available. The original phase 1, with a project budget of $30 million, is shown below in Figure 2 and was originally conceived as the northern half of the park, including four synthetic turf baseball/softball combination fields, a temporary natural turf practice field, the covered parking lot, elevated pickleball/tennis courts, the Community Hub building, and the playground.

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With a reduced project budget of $20 million and significant increases in construction costs since 2019, phase 1 of the Project now includes construction of fields 1-2, the covered parking lot, and the elevated pickleball/tennis courts. Mobility and streetscape improvements on 14th Street and Colorado Avenue will be included to the extent the budget allows.

Figure 2. Original Phase 1/Current Phase 2 and Reduced Phase 1 of Memorial Park Master Plan Layout

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The reduced scope of phase 1 aligns with the objectives that were outlined in the development of the feasibility study and Master Plan layout for an expanded and redeveloped park and, in September 2022, Council directed staff to proceed with the revised phase 1 scope. The remaining scope of the original phase 1, including fields 3- 4, the temporary natural turf practice field, the Community Hub building, and the playground are included in phase 2 of the Project.

Funding Agreements
Currently, the only project funds available may be up to $20 million dedicated to park redevelopment from the SMC bond Measure V that have been preserved for this park expansion since the project was suspended by the City as a result of the COVID-19 pandemic in early 2020. With Council authorization from September 2022, staff has reengaged in and is actively negotiating Fiscal and Use Agreements with SMC and SMMUSD for capital improvement construction costs and their associated programmed joint uses for implementation of phases 1 and 2.

In order to advance the project while negotiations for construction funding are ongoing, staff recommends that Council authorize the City Manager to negotiate a Payment Agreement with SMC that would facilitate a funding contribution in an amount not to exceed $2,750,000 for the design and pre-construction services of phase 1 of the Master Plan, including Environmental Analysis and Geotechnical Engineering, of the proposed renovated and expanded facilities at Memorial Park. In addition, staff recommends appropriation of available Park and Recreation Impact Fee resources for the design of phase 2 improvements.

Advancing the design of both phases 1 and 2 of the Project now will enable the City to proceed with construction of phase 1 with the remainder of the available $20 million from the SMC bond measure or phases 1 and 2 if the SMMUSD contribution has been negotiated, enabling implementation of both phases concurrently.

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Next Steps
If directed to proceed, staff will issue a Request for Bids for a two-phase design-build agreement to provide design and pre-construction services for phases 1 and 2 of the Master Plan and enter into a Payment Agreement with SMC for the design and preconstruction services of phase 1. The first phase of the design agreement will be concept design (up to 30%) for the Master Plan (phases 1 and 2) and pre-construction services for phase 1. Upon completion of the environmental analysis, any required mitigation, if any, will be incorporated into the second phase of design for the Master Plan and for construction of phase 1 of the Master Plan. Staff will return to Council by January 2024 for approval to negotiate an agreement with the selected design-build team.

Environmental Review
Upon authorization to reinstate, negotiate, and execute a fifth modification to agreement #9910, Staff would work with WSP to preparate the environmental impact analysis in compliance with CEQA. The payment agreement with SMC would allow the City to solicit bids for design of the Memorial Park Redevelopment and Expansion project but under state law, final design cannot begin until CEQA is completed. Council is being asked to enter into the recommended payment agreement with SMC and contract for design services, prior to CEQA completion. This action would allow for the initial design of the project to commence and is statutorily exempt from CEQA pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines. In compliance with Section 15004 of CEQA Guidelines, final design and approval of the project would not begin until CEQA completion, and as such, the City would not be bound to a specific action, nor would it prohibit the City from considering any feasible mitigation measures and alternatives as required by the CEQA process. It is anticipated that CEQA documentation for the project will be presented to Council in Winter 2023, prior to commencement of final design.

Geotechnical Engineering
If directed to proceed with the Payment Agreement with SMC, staff will issue a separate RFP for Geotechnical Engineering services upon execution of the Payment Agreement.

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Past Council Actions
Meeting Date Description
01/23/18 (Attachment A) Award of Design Agreement for the Memorial Park Feasibility Study and Master Plan
10/15/19 (Attachment B) Memorial Park Redevelopment and Expansion Master Plan Review
02/11/20 (Attachment C) Design-Build Contract for Memorial Park Expansion 09/27/22 (Attachment D) Memorial Park Expansion Study Session Financial Impacts and Budget Actions
Staff seeks authority to authorize the City Manager to negotiate and execute a Payment Agreement with SMC that would facilitate a funding contribution in an amount not to exceed $2,750,000 for the design and pre-construction services of phase 1 of the Master Plan, including Environmental Analysis and Geotechnical Engineering, of the proposed renovated and expanded facilities at Memorial Park and approve a portion of that funding from the General Fund to reinstate and modify agreement #9910 in the amount of $149,000 with WSP for environmental impact analysis services.

Award of this contract requires the following budget changes:

FY 2023-24 CIP Budget Changes
Establish Revenue Budget Appropriate Funds
Account Number Amount Account Number Amount
01500010.409380 $2,750,000 C0107060.689000 $2,750,000
Total $2,750,000 Total $2,750,000
Agreement Modification Request
Agreement #
Current
Authorized
Amount
FY 2023-24 Budget
Modified Request
Amount
CIP Account #
Total Revised
Contract
Amount
9910 $0 $149,000 C0107060.689000 $149,000
Future year funding is contingent on Council budget approval.

In addition, staff recommends appropriation of available Park and Recreation Impact Fee resources for the design of phase 2 improvements.

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FY 2023-24 Budget Changes
Release Funds Appropriate Funds
Account Number Amount Account Number Amount

10.370334 – Park Impact Fee $500,000 C1007060.689000 $500,000 Prepared By: Amelia Feichtner, Capital Program Manager
Approved Forwarded to Council
Attachments:

A. Staff Report 1/23/2018: Award of Design Agreement for the Memorial Park Feasibility Study and Master Plan
B. Staff Report 10/15/2019: Memorial Park Redevelopment and Expansion Master Plan Review
C. Staff Report 2/11/2020: Design-Build Contract for Memorial Park Expansion D. Staff Report 9/27/2022: Memorial Park Expansion Study Session E. Oaks Initiative Form - WSP USA Environment & Infrastructure, Inc.

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City Council
Report
City Council Meeting: January 23, 2018
Agenda Item: 3.H
1 of 5
To: Mayor and City Council
From: Susan Cline, Director, Public Works, Architecture Services Subject: Award of Design Agreement for the Memorial Park Feasibility Study and Master Plan
Recommended Action
Staff recommends that the City Council:

1. Award RFP #SP2509 to AHBE Landscape Architects, a California-based company, for the feasibility study and master plan design of the Memorial Park Redevelopment and Expansion Project; and

2. Authorize the City Manager to negotiate and execute an agreement with AHBE Landscape Architects, in an amount not to exceed $326,706 (including a 10% contingency).

Executive Summary
The Memorial Park Redevelopment and Expansion Project would combine the existing

10.3-acre Memorial Park with an adjoining City-owned 2.9-acre site to the north into a newly renovated and expanded community park. The recommended feasibility study and master plan would examine existing conditions and park program elements, and propose a single cohesive park program and layout with a focus on sports fields, particularly baseball and softball. Staff recommends entering into an agreement with AHBE Landscape Architects to provide feasibility study and master plan design services for an amount not to exceed $326,706 (includes a 10% contingency). Staff will return to Council in fall 2018 to present the preferred master plan option for final approval.

Background
Santa Monica’s Parks and Recreation Master Plan, adopted in 1997, (Attachment A) stated that it was necessary to consider redefining the role of Memorial Park to better serve the community. Staff recommended the development of a Memorial Park Master Plan as part of the 1997 Recreation and Parks Master Plan (Attachment B). However, the City did not take control of the Fisher Lumber site until 2005, and in lieu of a viable

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alternate site, the Fisher Lumber site has since housed the City’s Colorado Yards and Public Landscape Division’s equipment and staff. A Memorial Park Master Plan has not yet been developed.

In October 2004, Council adopted resolution 9987 (CCS) approving a negative declaration and authorizing the City Manager to negotiate and execute a purchase of sale agreement for the property located at 1601 14th Street, at the time occupied by Fisher Lumber. The acquisition would preserve the possibility of expanding Memorial Park, although no project to expand Memorial Park was contemplated at that time (Attachment C).

On March 22, 2016, Council adopted the recommendation of the Recreation and Parks Commission and staff and formally selected the City’s highest priority park projects to be included in the Los Angeles Countywide Parks Needs Assessment Report (Attachment D). The Recreation and Parks Commission’s Recommendations included the expansion of Memorial Park to include the former Fisher Lumber Site as a priority project to be included in the Countywide Needs Assessment Report.

Today, Memorial Park is Santa Monica’s primary public park for diamond sports, including little league baseball, Santa Monica High School softball and baseball teams, and adult league softball and baseball. The park also houses the only public gymnasium in Santa Monica.

Funding for preliminary planning and design for the Memorial Park Expansion Project was included in in the 2016-2018 Capital Improvements Program Adopted Biennial Budget. Funding options for construction will need to be explored and identified pending the completion of the Master Plan.

Discussion
The Memorial Park Redevelopment and Expansion Project consists of two adjacent land parcels. Parcel 1 is the existing 10.3-acre Memorial Park site. Parcel 2 is the adjoining 2.9-acre former Fisher Lumber site to the north of the existing park. The two

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adjoining parcels are bound by Colorado Boulevard to the northwest, 16th Street to the northeast, Olympic Boulevard to the southeast and 14th Street to the southwest.

Parcel 1 includes six baseball/softball fields, a skate park, four tennis courts, gated children’s play structures, on-site parking, restrooms, a dog run area and three Cityowned and operated community buildings. The existing buildings house the Santa Monica Police Activities League (P.A.L.), the community fitness room, staff offices and the Memorial Park gymnasium. Along the proposed project’s Northwest boundary sits Parcel 2, the former Fisher Lumber site, which currently houses the City’s Public Landscape Division offices, covered storage areas and vehicle and equipment storage lots. The City is considering relocating the Public Landscape Division offices to a site at the Santa Monica Airport.

The core objective of this feasibility study and master planning process is to complete site analysis, define the project program requirements and study options to arrive at a conceptual master plan. The master plan is intended to inform the design and phased construction of the Memorial Park Redevelopment and Expansion Project.

Vendor/Consultant Selection
On August 22, 2017, the City issued a Request for Proposals (RFP) to provide feasibility study and master plan design services for the 13-acre Memorial Park Redevelopment and Expansion Project. The RFP was posted on the City’s on-line bidding site, and notices were advertised in the Santa Monica Daily Press in accordance with City Charter and Municipal Code Section 2.24.075(a) provisions. A total of 120 vendors downloaded the RFP. Ten proposals were received and publicly opened on September 28, 2017. Responses to the RFP were reviewed by a selection panel of staff from the Public Works, Planning and Community Development (PCD) and Community and Cultural Services (CCS) departments. The 10 firms that submitted proposals are listed below:
 AHBE Landscape Architects

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 Brightview
 Design Workshop
 Koning Eizenberg
 KSA Design Studio
 MIG
 Studio-MLA
 Rios Clementi Hale Studios
 RJM Design Group
 SWA Landscape Architects
Evaluation was based on the following selection criteria: fees, previous work experience on similar projects, track record performing public sector work, hourly rates for services, demonstrated understanding project scope, work approach, community outreach, project team qualifications and proposed schedule. Staff then interviewed two shortlisted firms, AHBE Landscape Architects and SWA Landscape Architects, for interview. Based on the above criteria and criteria in SMMC 2.24.073, staff recommends AHBE Landscape Architects as the best qualified firm to provide feasibility study and master plan design services for the Memorial Park Redevelopment and Expansion Project. AHBE Landscape Architects provided a clear fee structure, exhibited a full understanding of the project scope, and has completed projects of similar size and scope. In addition, the project team displayed good composition with required skills, and has experience working with governmental agencies and conducting community outreach. Staff contacted references that had previously worked with AHBE and all highly recommend the firm.

Next Steps
Pending Council approval, staff expects to begin design work in March 2018. Staff would return to Council in October 2018 to present a preferred design option and to solicit Council’s comments and recommendations. The selected design would be further developed, and staff would return to Council in January 2019 for approval of the Final Master Plan document.

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Financial Impacts and Budget Actions
The agreement to be awarded to AHBE Landscape Architects is for an amount not to exceed $326,706. Funds are available in the FY 2017-18 Capital Improvement Program budget in account C019154.589000.

Prepared By: Danny Welch, Architectural Associate
Approved Forwarded to Council
Attachments:

A. Parks and Recreation Master Plan - 1997
B. July 1, 1997 Staff Report
C. October 12, 2004 Staff Report
D. March 22, 2016 Staff Report
E. AHBE Oaks Form

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Report
City Council Meeting: October 15, 2019
Agenda Item: 8.A
1 of 23
To: Mayor and City Council
From: Susan Cline, Acting Assistant City Manager, Public Works, Architecture Services
Karen Ginsberg, Director, Community Services Department Subject: Review of Master Plan layout and park program for renovation and expansion of Memorial Park
Recommended Action
Staff recommends that the City Council:

1. Review and comment on the master plan layout and programmatic concepts for the Memorial Park Redevelopment and Expansion Project;

2. Direct staff to proceed with Request for Proposals for design and preconstruction services of phases 1 and 2 of the master plan;

3. Authorize the City Manager to negotiate and execute a fourth modification to agreement #9910 (PCD) in the amount of $149,000 (including 10% contingency) with Wood Environmental & Infrastructure Solutions Incorporated, a Californiabased company, for preparation of the Environmental Impact Analysis for a total contract amount not to exceed $527,000;

4. Authorize the City Manager to negotiate Fiscal and Use Agreements with Santa Monica College (SMC) and Santa Monica-Malibu Unified School District (SMMUSD) for capital improvement costs for Phase I implementation.

Executive Summary
The Santa Monica parks system includes 32 parks encompassing more than 130 acres.

Within this parks system there are small neighborhood parks such as Ozone Park and Euclid Park and larger community parks such as Clover, Virginia Avenue and Memorial Parks. Each of these parks feature amenities that together form a rich range of opportunities for various types of sports, play experiences, gardening, picnicking, walking and relaxing. Memorial Park, which was established in the 1950’s and geographically located in the center of the City, is important to the overall park system

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as it serves as the primary park for baseball and softball as well as being the home for the City’s only public gymnasium, skate park and more of a home for pickleball. The Memorial Park Redevelopment and Expansion Project would combine Memorial Park and the adjacent, 2.9-acre City-owned former Fisher Lumber site into a 13-acre newly renovated and expanded community park to meet an increasing demand for recreational activities. The project would also integrate components of the Pedestrian Action Plan and Bicycle Action Plan. An extensive community outreach process guided the development of a master plan layout and park program for the future renovation and expansion of Memorial Park that would include additional diamond sports fields and other highly-desired community amenities.

Staff recommends the Council review and provide direction to staff related to the proposed master plan and park program; provide direction to staff to proceed with a Request for Proposals (RFP) for professional design and pre-construction services for phases 1 and 2 of the master plan; authorize a modification to Wood Environmental and Infrastructure Solution Inc.’s (Wood) existing contract to provide environmental impact analysis of the proposed master plan consistent with the California Environmental Quality Act (CEQA) and to add preparation of CEQA compliant documentation to the existing Scope of Work; and authorize the City Manager to negotiate agreements with both Santa Monica College and the Santa Monica-Malibu Unified School District that would facilitate funding contributions for the implementation of Phase 1 of the master plan and shared use of the proposed renovated and expanded facilities at Memorial Park.

Background
The Memorial Park Redevelopment and Expansion Project would combine the existing

10.3-acre Memorial Park with the former Fisher Lumber site – a City-owned, 2.9-acre property adjacent to the existing park – into a newly renovated and expanded community park. The combined site is bound by Colorado Avenue to the north, 16th Street to the east, Olympic Boulevard to the south and 14th Street to the west.

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The need to expand and redefine the role of Memorial Park was established in Santa Monica’s 1997 Parks and Recreation Master Plan. The City purchased the Fisher Lumber site in 2004 with the intention of expanding Memorial Park. The City took occupancy of the site in 2005 and has since used the property to house Public Works staff and equipment.

The Council adopted the recommendation of the Recreation and Parks Commission in March 2016 and formally selected the City’s highest priority park projects – including the expansion of Memorial Park – to be incorporated into the Los Angeles Countywide Parks Needs Assessment Report. After a competitive procurement process, Council awarded an agreement to AHBE Landscape Architects in January 2018 to provide professional design services for the development of a feasibility study and master plan layout for an expanded and redeveloped park that would meet the following objectives-:
• Maximize opportunities for fields with a focus on diamond sports; • Consider community programs such as the gymnasium, Santa Monica Police Activities League (PAL), and fitness facilities;
• Integrate appropriate buffering along busy vehicular corridors; • Integrate the City’s Bicycle and Pedestrian Action Plans; and • Consider the park’s relationship to the surrounding neighborhood and City context.

Environmental Consulting Services
Council authorized a contract with Wood Environmental and Infrastructure Solution Inc. (formerly AMEC Environment & Infrastructure, Inc.) in May 2014 for environmental consulting services related to the Memorial Park Neighborhood Plan. Services related to the Memorial Park Redevelopment and Expansion were not included in the scope of work at that time as a timeline for advancing the project had not been determined.

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Past Council Actions
07/01/97 (Attachment A) Adopted Santa Monica Parks and Recreation Master Plan 05/27/14 (Attachment B) Awarded $378,000 agreement with AMEC Environment & Infrastructure for environmental impact analysis services 03/22/16 (Attachment C) Directed staff to include Memorial Park in Los Angeles Countywide Parks Needs Assessment Report
01/23/18 (Attachment D) Awarded agreement with AHBE Landscape Architects for feasibility study and master plan design services
Discussion
Memorial Park is Santa Monica’s primary public park for hosting diamond sports activities. Youth baseball, youth fast pitch softball, high school baseball, and adult softball leagues use the fields at Memorial Park. The park also houses the only public gymnasium and skate park in Santa Monica.

The existing park includes six baseball/softball fields – four of which have limited playability due to overlapping outfields, a skate park, four tennis courts striped for pickleball, a small children’s play area, on-site surface parking, restrooms, a small concession building, an off-leash dog run and three City-owned and operated community buildings. The existing buildings house the Santa Monica Police Activities League (PAL), community meeting rooms, staff offices, a small fitness gym and the Memorial Park gymnasium.

Along the park’s northern boundary sits the former Fisher Lumber site, which currently houses the City’s Public Landscape Division offices, vehicles and equipment. The City is in the process of relocating the Division to a non-aviation site at Santa Monica Airport.

The feasibility study and master planning process included an examination of existing conditions and park program elements and the completion of an extensive community outreach process. The result is a single, cohesive master plan layout that would address long-standing issues at Memorial Park, including but not limited to inadequate field functionality, restrictive perimeter and edge conditions, poor connections to the surrounding neighborhood, and misused restrooms and other amenities. The master plan would also inform the design and phased implementation of the project.

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Figure 1: Memorial Park and former Fisher Lumber site
Community Outreach Process
An extensive community outreach process informed the development of the master plan layout. Park users and stakeholders engaged in this process through focus groups, online surveys, and community workshops. Public input guided the master planning effort and resulted in a layout and program that is responsive to community aspirations and Council direction.

The outreach process commenced with a series of focus group discussions in April and May 2018 that engaged skate park users, gymnasium users, field permit holders, the Field Sports Advisory Committee (FSAC), Police Activities League (PAL) Youth Leadership Council, PAL Board of Directors, Santa Monica College staff, and interdepartmental teams of City staff. The focus group discussions included approximately 95 attendees in total and provided an initial opportunity for user groups to share thoughts on the existing park and ideas for its expansion and redevelopment.

Community Workshop 1 was held on May 23, 2018 at the Memorial Park gymnasium and was attended by over 155 park users, residents, and other stakeholders who shared their aspirations and program requests for the master plan. The design team

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provided a brief presentation summarizing initial observations and findings and led small group discussions. The public input received at Community Workshop 1 validated many of the things the design team heard from the focus groups.

The City also conducted an online survey from April through June 2018 to solicit input from park users, stakeholders, and the community at-large. The survey was open for approximately 40 days and received 608 responses. Key findings from the survey included the following:
• Greater than 70% of respondents live in the zip code areas immediately adjacent to the park;
• 73% of respondents drive to the park;
• 77% of respondents visit the park a least once a week or more; • Sports activities at the park are most popular although 40% of respondents indicated the facilities need updating;
• Respondents indicated safety concerns related to the existing restrooms and the edges of the park (61% and 28% of respondents, respectively); and • Parking is the primary challenge for 54% of respondents when visiting the park.

Community input received through the survey and all other modes of engagement was aggregated and used to inform the development of three conceptual layouts that were presented to the public along with the survey results at Community Workshop 2 on August 13, 2018 at the Civic Auditorium’s East Wing. More than 170 attendees provided feedback through facilitated table discussions. An overview of each of the three conceptual layouts presented is provided below.

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Option 1 included:
• Six diamond sports fields: four synthetic turf combo fields located along Colorado Avenue and two renovated natural turf youth baseball fields in their existing location;
• A central community hub with children’s play area, park restrooms, concessions, and sports/park storage;
• A new Community Recreation Center within the footprint of the existing buildings at 14th Street and Olympic Boulevard;
• Renovation of The Cove skate park without an expansion of the space; • Four on-grade tennis courts striped for pickleball located adjacent to 16th Street; • An expanded surface parking lot along 14th Street; and • A new dog park located along Colorado Avenue between the two combo fields.

Figure 2: Conceptual Layout Option 1

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Option 2 included:
• Six diamond sports fields: two synthetic turf combination fields at the corner of 14th Street and Colorado, two synthetic turf combo fields along 16th Street, and two renovated natural turf youth baseball fields in their existing location; • A central community hub with children’s play area, park restrooms, concessions, sports/park storage, and a small dog run;
• A new Community Recreation Center on the corner of 16th Street and Colorado Avenue with four tennis courts striped for pickleball on the roof; • Renovation and expansion of The Cove skate park; and
• A new surface parking lot at the corner of 14th Street and Olympic Boulevard that did not increase the on-site parking capacity.

Figure 3: Conceptual Layout Option 2

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Option 3 included:
• Six diamond sports fields: four synthetic turf combo fields located along Colorado Avenue and two renovated natural turf youth baseball fields in their existing location;
• The new Community Recreation Center along 16th Street with integrated concessions, sports/park storage, and park restrooms;
• A children’s play area located in the center of the park; • Renovation and expansion of The Cove skate park; and
• A new dog park on the corner of 14th Street and Olympic Boulevard; • Four elevated tennis courts striped for pickleball over an expanded surface parking lot along 14th Street.

Figure 4: Conceptual Layout Option 3
All three options included a community walking loop with exercise stations and planted landscape areas within the park and around its perimeter. All three conceptual layouts

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were presented at Community Workshop 2 with an area depicted for the Sustainable Water Infrastructure Project (SWIP) tank. This provision has since been abandoned with the relocation of the tank to the Civic Center parking lot.

Throughout the event, workshop participants made repeated requests for more fields – in addition to what was shown in any of the three layout options. Attendees also voiced support for the following elements:
• A new community recreation center within the footprint of the existing buildings at 14th Street and Olympic Boulevard;
• A central community hub with children’s play area, concessions, restrooms and storage;
• Elevated tennis courts striped for pickleball over an expanded surface parking lot; • Expansion of The Cove skate park; and
• A community walking loop with exercise stations.

Following Community Workshop 2, the design team revisited the conceptual layouts in an effort to incorporate additional field space. The team held a working session with leadership from field permit groups, representatives from FSAC and from the Recreation and Parks Commission. Attendees collaborated on optimal field dimensions, field quantity and layout, and desired field amenities. The working session resulted in a layout that incorporates an additional field dedicated to youth fast pitch softball.

Although a new, larger dog park was included in each of the three conceptual layout options presented at Community Workshop 2, it was later eliminated due to space constraints that resulted from community prioritization of other program elements.

Subsequently, a third community outreach package was released in June 2019 to share the culmination of the design team’s efforts up to that point. Conceptual plans, renderings and program element diagrams were posted to the project’s webpage for public review and comment. Additionally, an information booth was set up at Memorial

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Park on June 1, 2019 to display the materials, and City staff was on hand to answer questions and gather community feedback.

Materials that were shared with the public at each step of the community outreach process are included in Attachment E.

Proposed Master Plan
The proposed master plan was informed by the input gathered through the extensive community outreach process as well as the Council’s directive to focus on meeting the needs of diamond sports at the site. The layout reflects the inclusion of many and varied park program elements within fixed site constraints and the large spatial requirements of programs such as sports fields and other amenities highly-desired by the community, including parking, tennis/pickleball courts, and a community recreation center. To achieve these objectives, the park’s footprint would be expanded into portions of 16th Street and Colorado Avenue. The proposed master plan is shown below, followed by detailed information on each major component of the design.

Figure 5: Proposed Conceptual Master Plan Layout

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Sports Fields
The proposed master plan establishes seven diamond sports fields at Memorial Park which will provide for an additional field from what exists today and will allow for greater flexibility, including the ability to play simultaneous games on Fields 1 – 4, something the existing fields cannot currently accommodate.
• Combo Fields: Fields 1 - 4, referred to as the combination (or combo) fields, would utilize synthetic turf to create adaptable play space for baseball and softball groups of all ages. They are designed for flexibility; each combo field could accommodate a single regulation high school baseball game, adult softball game or collegiate softball game. Additionally, each combo field can be divided with temporary fencing to accommodate two youth baseball or two youth fast pitch softball games played simultaneously. Each field would feature covered dugouts, shaded spectator seating, and LED sports lighting. A batting cage for shared use sits adjacent to the combo fields. Amenities such as pitchers’ bullpens and additional batting cages will be considered in the design phase.

The use of synthetic turf, portable pitching mounds, and adjustable bases would provide flexibility in field usage and also reduce maintenance intensity by eliminating the need to irrigate, fertilize, mow and aerate the fields. The fields would be striped for play and require no chalking, allow for year-round play without extended maintenance downtime, and would be ready for use immediately following rainfall or other inclement weather, whereas natural turf can take several days to dry after a heavy rain event. Furthermore, significant synthetic turf system innovations have advanced in recent years with products available that are composed of recycled materials and use locally-harvested organic fill materials that do not pose health concerns and reduce the heat island effect.

A large percentage of the materials used in synthetic turf systems can be recycled for reuse at the end of the systems lifespan

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Figure 6: Combo Field
• Youth Baseball Showcase Fields: Fields 5 and 6 would be natural grass with skinned infield baselines sized specifically for Little League baseball. These showcase fields would feature the amenities of a first-class facility, including covered dugouts, batting cages, electronic score boards, shaded spectator seating, and LED field lighting.
• Youth Fast Pitch Softball Showcase Field: Field 7 would be natural grass with skinned infield baselines sized specifically for youth fast pitch softball. This showcase field would also feature the amenities of a first-class facility, including covered dugouts, batting cages, an electronic score board, shade covered spectator seating, and LED field lighting.

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Figure 7: Showcase Fields
The Cove Skate Park
An expansion to the existing skate park would provide an opportunity to update the park’s existing elements and add other modern skateboarding and BMX features as well as other amenities, such as shade for spectators.

Community Hub
The community hub would be centrally located within the park and include a children’s play area, restrooms, concessions, storage for field permit groups and park maintenance equipment, and a small office for field monitor staff. The playground would be universally accessible and feature ample integrated shade. The location of the community hub relative to the diamond sport fields, tennis/pickleball courts, The Cove skate park, and parking lot would make it the active center of the park.

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Figure 8: Community Hub Area
Community Fitness Trail
The community fitness trail would be a dedicated ½ mile walking loop with a series of interspersed or grouped exercise stations. The path would travel the park’s perimeter along 14th Street, 16th Street, and Colorado Avenue, then traverse the park’s interior and connect to the centrally-located Community Hub.

Tennis/Pickleball Courts
Four tennis courts striped for pickleball would be elevated over the new on-site surface parking lot and include stairs and an elevator. The courts would feature LED sports lighting, wide perimeter clearance spaces, and dedicated equipment storage immediately adjacent to the play area.

Parking
The covered parking lot would increase parking inventory by 49 spaces for a total of 128 spaces to be used exclusively by park patrons and would include a safe and convenient passenger loading zone and turnaround area. The parking lot’s central location would make it easily accessible from all areas of the park. The footprint of Memorial Park would be expanded into portions of 16th Street and Colorado Avenue, resulting in a reduction of 37 metered street parking spaces adjacent to the park.

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Figure 9: Surface Parking and Rooftop Tennis Courts
Mobility and Streetscape Improvements
For those who prefer to walk or bike to Memorial Park, the proposed master plan includes 4’-wide planted areas that would provide a buffer between generous 8’-wide perimeter sidewalks and field activity within the park. Street trees and parkway planters would create a sense of comfort for pedestrians walking along the street and a shared use bike path completely separated from the street along the Colorado Avenue park frontage (Class I bike path), would allow for future connections to the Exposition Corridor Bike Path.

Figure 10: Park Entrance at Colorado Avenue
Community Recreation Center (CRC)
The CRC would integrate the functions of the existing gymnasium, PAL building, community rooms, and staff offices into one facility. Contemplated as a two story, 50,000 square foot building, it would be designed to create a strong connection to the park and feature a flexible floor plan to allow for a broad array of recreational and community programs and services, a larger gymnasium, and increased storage space.

Phasing and Cost Estimates

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The master plan envisions a phased approach that would be implemented over time as funding is available. Phase 1 is shown below and would include four synthetic turf baseball/softball fields, a temporary natural turf practice field, covered parking lot, tennis/pickleball courts, and the Community Hub. This phase is estimated to cost approximately $25 – 30 million in capital costs and involve roughly 18 – 24 months of construction that would be staged to minimize disruptions to existing park usage. Due to funding limitations, perimeter streetscape improvements would be included in Phase 2.

If perimeter streetscape improvements were to be added to Phase 1, they would increase the capital cost by approximately $4 million.

Figure 11: Construction Phase 1
Phase 2 would include two natural turf youth baseball fields, the natural turf youth fast pitch softball field, community walking loop with exercise stations, expansion of The Cove skate park, and perimeter streetscape improvements, including street trees, parkway planters, landscaped area buffers, and the Class I shared use bike path along Colorado Avenue. This phase would cost approximately $15 – 18 million in capital costs and involve roughly 12 – 18 months of construction that would be staged to minimize disruptions to existing park use.

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Figure 12: Construction Phase 2
Phase 3 would include construction of the CRC to replace the existing buildings at the southwest corner of the site. It is estimated to cost approximately $60 – 68 million in capital costs and involve roughly 24 – 30 months of construction.

Figure 13: Construction Phase 3

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Advisory Body Reviews
Field Sports Advisory Committee
The proposed conceptual master plan was presented at the June 6, 2019 FSAC meeting. Following public comment and discussion among committee members, FSAC voted to formally support transmittal of the proposed master plan to the Recreation and Parks Commission.

Recreation and Parks Commission
On July 18, 2019, the Recreation and Parks Commission reviewed and provided input on the conceptual master plan layout and programmatic concepts. The Commission also received public input and written comments (Attachment F).

Several off-leash dog run users spoke during public input to advocate for keeping a dog run in the expanded park. Speakers noted that dog parks do not exist in Santa Monica north of the I-10 freeway. They also spoke positively about the smaller size of the existing off-leash dog run at Memorial Park and its decomposed granite surface.

Speakers noted that the space is unique – compared to other dog park’s in the city – and desirable for that reason.

Field users also spoke during public input to express support for the additional fields shown in the master plan, and specifically the synthetic turf combo fields. Speakers expressed concern regarding orientation of the fields and how sun aspects may affect players’ vision. They also requested additional amenities including warm-up areas and score booths.

The Boys & Girls Club of Santa Monica submitted written comments to the Commission prior to the meeting, expressing the Club's interest in building and operating a new main branch facility at Memorial Park. Representatives from the Club spoke during public input to reaffirm their interest, share drawings from a preliminary feasibility study conducted by architectural firm Moore Ruble Yudell, and request that the Commission recommend inclusion of a facility for the Club in the master plan. Commissioners acknowledged the Club's input and written comments, noted that the proposal should be

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explored, and determined that the Commission was not in a position to recommend inclusion of a new main branch as part of the master plan. Since the meeting, city staff have met with representatives of the Boys & Girls Club to discuss their proposal in further detail and to discuss additional opportunities for collaboration between the Boys & Girls Club and city programs at PAL and Virginia Avenue Park. Staff have also spoken with key members of the PAL Board of Directors to encourage them to meet with their counterparts at the Boys & Girls Club to explore possible partnerships over the long term while not pre-judging the outcome of these discussions and staff have learned that an initial meeting has been held with representatives of the two boards.

The Recreation and Parks Commission voted unanimously to support the proposed Memorial Park Master Plan layout and programmatic concepts with recommendations for further consideration during the design and implementation phase. The Commission recommended that the project team consider:
• Incorporating a premier California Interscholastic Federation (CIF) baseball field; • Keeping an off-leash dog run at the park;
• Analyzing the parking loss impacts on 16th Street;
• Inclusion of elements such as bullpens, warm up areas, dugouts, seating, public address systems, and score booths at all fields;
• Clustering the proposed outdoor fitness equipment in groupings; • Analyzing the tree canopy, relocating existing trees, and planting new trees where possible;
• Incorporating shade for the playground;
• Examining aspects of sun and shade affecting players’ vision in determining positioning of the fields;
• Conducting further analysis of natural turf vs. synthetic turf; and • Starting design and construction of phase one at the earliest possible date.

Urban Forest Task Force
On July 24, 2019, staff presented an overview of the Memorial Park Master Plan to the Urban Forest Task Force. Members expressed informal support of the plan and agreed

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to a future review of the preliminary tree species palette for the expanded park by the Task Force's Species Subcommittee.

Next Steps
If directed to proceed, staff will issue a Request for Proposals to provide design and pre-construction services of phases 1 and 2 of the master plan. Staff will return to Council by January 2020 for approval to negotiate an agreement with the selected design build team. Approximately $4.7M has been identified in the CIP Budget for design and pre construction services for this project.

Design
In response to feedback received from the advisory bodies and the community, several elements of the project will be worked through in design of each phase, including, but not limited to:
• Detailed layouts of diamond sport fields to support maximum playability (sun aspects, field dimensions, and amenities for players and spectators); • Location and details for an off-leash dog run within the renovated and expanded park;
• Parking capacity on-site and along the street;
• Location(s) for grouping the outdoor fitness equipment; • Selection of tree species, canopy cover analysis, and a tree protection plan; • Selection of playground equipment and shade provisions; • Construction staging and schedule to limit impacts on existing park usage; and • Definition of projects Low Impact Development (LID), energy code, solar code, water neutrality, zero waste, and water efficiency strategies.

Operations and Maintenance
Staff anticipates there may be increased operations and maintenance costs associated with expanding Memorial Park, dependent upon the final design of the project.

Estimates related to initial upfront costs, such as purchasing new equipment, and

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ongoing park maintenance would be determined once the project’s design is further developed.

Funding Agreements
In 2016, Santa Monica voters passed Measure V, a Santa Monica College bond measure that included $20 million in funding for construction of Phase 1 of the Memorial Park Expansion Project. Staff is also working with Santa Monica-Malibu Unified School District to identify additional construction funding for Phase 1 of the project from Measure SMS bonds. It is anticipated that the contributions of College and District funding will be conditioned upon allowing programmed joint uses of completed Memorial Park facilities. Authorization is requested from the Council to enable the City Manager to negotiate these agreements. Staff will also pursue other possible funding, including grant opportunities, to supplement construction/implementation costs.

Analysis of Environmental Impacts
Upon authorization to negotiate and execute a fourth modification to agreement #9910, City Planning Staff would work with Wood Environmental & Infrastructure Solutions Incorporated in preparation of the Environmental Impact Analysis. The completed analysis will be presented to the City Council for certification prior to approving full design and construction of Phase 1 of the Memorial Park Expansion Project Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to increase the amount of agreement with Wood Environmental and Infrastructure Solutions Inc. to provide environmental impact analysis of the proposed master plan consistent with the California Environmental Quality Act (CEQA) and to add preparation of CEQA compliant documentation to the existing Scope of Work; and authorize the City Manager to negotiate agreements with both Santa Monica College and the Santa Monica-Malibu Unified School District for funding contributions to facilitate implementation of Phase 1 of the master plan and shared use of the proposed renovated and expanded facilities at Memorial Park.

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Agreement Modification Request
Agreement #
Current Authorized
Amount
Modified Request
Amount
FY 2019-20
CIP Account #
Total Revised
Contract Amount
#9910 $378,000 $149,000 C0107060.689000 $527,000
Future year funding is contingent on Council budget approval.

Prepared By: Danny Welch, Architect
Approved Forwarded to Council
Attachments:

A. July 1, 1997 Staff Report
B. May 27, 2014 Staff Report (Web Link)
C. March 22, 2016 Staff Report (Web Link)
D. January 23, 2018 Staff Report (Web Link)
E. Memorial Park Master Plan Website (Web Link)
F. Rec & Parks Commission Written Comments
G. Wood Environment & Infrastructure Solutions, Inc. Oaks Initiative Disclosure Form
H. Written Comments
I. PowerPoint Presentation

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Report
City Council Meeting: February 11, 2020
Agenda Item: 3.F
1 of 6
To: Mayor and City Council
From: Susan Cline, Director, Public Works, Architecture Services Subject: Award Bid and enter into a Design-Build Contract with W.E. O'Neil Corporation for Memorial Park Redevelopment and Expansion Project Recommended Action
Staff recommends that the City Council:

1. Award Bid #SP2509 to W.E. O’Neil Corporation for the Memorial Park Redevelopment and Expansion Project;

2. Authorize the City Manager to negotiate and execute a contract with W.E. O’Neil Corporation, in an amount not to exceed $2,070,000 (including a $100,000 contingency) for design services. This agreement would be the first of two phases in the design-build delivery method, with the final construction phase being contingent upon future Council approval;

3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority; and

4. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report.

Summary
Memorial Park was established in the 1950s and is geographically located in the center of the City. The 10.3 acre park is adjacent to an Expo Light Rail Station and as part of the overall system of City parks serves as the primary park for baseball and softball, is the home for the City’s only public gymnasium and skate park, and a primary location for pickleball. It is also an important resource for the anticipated addition of housing in the neighborhood in the future. The City conducted an extensive community planning process for the Memorial Park Master Plan which coincided with the citywide Parks and Recreation Master Plan.

On October 15, 2019, City Council reviewed the Memorial Park Redevelopment and Expansion Master Plan that was the product of that community engagement process and directed staff to seek proposals for the design and preconstruction services of

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phases 1 and 2 of the park redevelopment and expansion. In addition, Council authorized staff to negotiate Fiscal and Use Agreements with Santa Monica College (SMC) and Santa Monica-Malibu Unified School District (SMMUSD). If successfully negotiated, the fiscal agreements with SMC and SMMUSD would fund the bulk of the costs for construction of phase 1 of the Master Plan. The ability to proceed with construction of phase 1 is therefore contingent upon the City’s ability to reach final agreement with SMC and SMMUSD.

Staff recommends awarding a design-build contract for design services to W.E. O’Neil in an amount not to exceed $2,070,000 for the Memorial Park Redevelopment and Expansion Project.

Discussion
Memorial Park is Santa Monica’s primary public park for hosting diamond sports activities. Youth baseball, youth fast-pitch softball, high school baseball, and adult softball leagues all use the fields at Memorial Park. The park also houses the only public gymnasium and skate park in Santa Monica. The existing park includes six baseball/softball fields (four of which have limited playability due to overlapping outfields), a skate park, four tennis courts striped for pickleball, a small children’s play area, on-site surface parking, restrooms, a small concessions building, an off-leash dog run, and three City-owned and operated community buildings. The existing buildings house the Santa Monica Police Activities League, community meeting rooms, staff offices, a small fitness gym, and the Memorial Park gymnasium.

The Memorial Park Redevelopment and Expansion Project would combine the existing

10.3-acre Memorial Park with the former Fisher Lumber site – a City-owned, 2.9-acre property adjacent to the existing park – into a newly renovated and expanded community park serving the entire city as well as future nearby residents. The combined site would be bound by Colorado Avenue to the north, 16th Street to the east, Olympic Boulevard to the south and 14th Street to the west.

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On October 15, 2019, the Council directed staff to proceed with a Request for Bids (RFB) for a design-build team to provide design and preconstruction services for phase 1 of the master plan and limited design and preconstruction services for phase 2 through schematic design. Council also provided staff with a list of additional items for design consideration that should be analyzed (Attachment A). Staff would return to Council at the completion of the schematic design in the summer of 2020 with a design update and a feasibility study on the additional considerations requested by the Council.

Past Council Actions
07/01/97 (Attachment B) Adopted Santa Monica Parks and Recreation Master Plan 01/23/18 (Attachment C) Awarded agreement with AHBE Landscape Architects for feasibility study and master plan design services for the Memorial Park Redevelopment and Expansion Project
10/15/19 (Attachment D) Directed staff to proceed with Request for Bids for design and pre-construction services for phase 1 and design and pre-construction services for phase 2 through schematic design
Vendor Selection
Bidder Recommendation
Best Bidder W.E. O’Neil
Evaluation Criteria Price; quality of services offered; ability, capacity and skill of the bidder to perform the services; capacity of the bidder to perform the contract and provide the service promptly, within the time specified, and without delay or interference; the sufficiency of the bidder’s financial resources; the character, integrity, reputation, judgment, training, experience and efficiency of the bidder; and demonstrated team cohesiveness.

The City shall have absolute discretion in determining the applicability and weight of the criteria listed above.

The City is not required to select the bid with the lowest price.

Municipal Code SMMC 2.24.180
Submittals Received
Bidders Name Design GMP
Price
Construction
Markup
Estimated
Construction
Cost
Estimated
Markup Price
Total Project
Pricing
Bernard’s Builders $2,760,471 5% $23,675,000 $1,183,750 $27,619,221 Byrom-Davey, Inc. $1,926,750 10% $23,675,000 $2,367,500 $27,969,250 Telacu Construction
Mgmt $1,806,050 4% $23,675,000 $947,000 $26,428,050
W.E. O’Neil $1,969,023 2.95% $23,675,000 $698,413 $26,342,436

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Bid Data
Date Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
11/13/2019 City's Online
Bidding Site
Santa Monica Daily Press 128 12/23/2019
Best Bidder Justification
The selected team scored high on all areas of evaluation and demonstrated quality of design, technical and management services offered, team cohesiveness as proven by working relationships and previous successful mutual projects, and character, integrity and reputation. The Design GMP and construction mark-up fee percentage were evaluated using an estimated construction cost of $23,675,000. Using these criteria, the recommended vendor submitted a bid estimated at $26,342,436, the lowest estimated bid. Based on these aforementioned evaluation criteria, W.E. O’Neil, the lowest bidder, is recommended as the best bidder.

Proposed Design-Build Project Team
Contractor W.E. O’Neil Construction Co. of California
Landscape Architecture Studio.MLA
Architecture & Signage Gensler
Sports Field Consultant Millennium Sports Technologies
Structural Engineering Englekirk Structural Engineers
Mech./Elect./Pluming & Sustainability Buro Happold Engineering Civil Engineering KPFF Consulting Engineers
Code Review Howe Engineers
Lighting Design HLB
Parking Study Walker Consultants
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund and Special Revenue Source Fund to award a contract with W.E. O’Neil Construction to provide design-build services for the Memorial Park Redevelopment and Expansion Project.

Approximately $1.81 million in funds are currently available in the FY 2019-20 Capital Improvement Program budget. To ensure the project continues moving forward, local funds in the amount of $260,000 in Parks and Recreation Development Impact Fee Funds have been identified for appropriation.

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Award of this contract requires the following budget changes:

FY 2019-20 CIP Budget Changes
Funding Source Appropriate Funds
Account Number Amount Account Number Amount

10.370334 $260,000 C1007060.689000 $260,000
Total $260,000 Total $260,000
With Council authorization from October 2019, staff is actively negotiating Fiscal and Use Agreements with Santa Monica College (SMC) and Santa Monica-Malibu Unified School District (SMMUSD) for capital improvement construction costs for phase 1 implementation. Staff anticipates bringing the proposed agreements back to the Council in the spring of 2020. The ability to proceed with construction of phase I after completed design would be contingent upon the City’s ability to reach agreements with SMC and SMMUSD regarding their respective reimbursement contributions, and the Council’s approval of a guaranteed maximum price proposed by the selected design-builder.

Future year funding would also be contingent on Council budget approval.

Prepared By: Danny Welch, Architect
Approved Forwarded to Council
Attachments:

A. Memorial Park Additional Considerations
Contract Request
Request Amount
FY 2019-20 Budget
CIP Account # Total Contract Amount
$1,810,000 C0107060.689000 $1,810,000
$260,000 C1007060.689000 $260,000
Total $2,070,000

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6 B. July 1, 1997 Staff Report
C. January 23, 2018 Staff Report (Web Link)
D. October 15, 2019 Staff Report (Web Link)
E. WE ONeil Oaks Initiative Disclosure

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Packet Pg. 137 Attachment: Staff Report 2/11/2020: Design-Build Contract for Memorial Park Expansion (5948 : Contract w SMC for Memorial Park Design) City Council
Report
City Council Meeting: September 27, 2022
Agenda Item: 7.A
1 of 13
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Architecture Services Subject: Memorial Park Expansion
Recommended Action
Staff recommends that the City Council:

1. Review and comment on restarting the Memorial Park Redevelopment and Expansion Project with a reduced initial phase that is still in line with the approved master plan;

2. Provide direction to staff to reengage Santa Monica College (SMC) and Santa Monica-Malibu Unified School District (SMMUSD) in negotiations for potential fiscal and use agreements; and

3. Direct staff to study possible temporary relocation sites for the Public Landscape Division’s operation yard and return with a recommended alternative.

Summary
The City of Santa Monica parks system includes 32 parks encompassing more than 130 acres. Memorial Park was established in the 1950’s and is geographically located in the center of the City. It is important to the overall park system, serving as the primary park for baseball and softball, offering a space for pickleball and tennis and being the home of the City’s only public gymnasium and skate park.

The Memorial Park Redevelopment and Expansion Project (Project) would combine the existing 10.3-acre Memorial Park with the former Fisher Lumber site – a City-owned,

2.9-acre property adjacent to the existing park – into a 13.2-acre newly renovated and expanded community park that meets the increasing demand for recreational activities.

The combined site is bound by Colorado Avenue to the north, 16th Street to the east, Olympic Boulevard to the south, and 14th Street to the west. The Project would

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integrate components of the Pedestrian Action Plan and Bicycle Action Plan and require the relocation of the City’s Public Landscape Division (PLD). An extensive community outreach process guided the development of a master plan layout and park program for the future renovation and expansion of Memorial Park that would include additional diamond sports fields and other highly desired community amenities. A subsequent community outreach effort identified potential relocation sites for PLD. Due to the COVID-19 pandemic both the Memorial Park Redevelopment and Expansion Project and the PLD relocation effort were suspended. With reduced funding available and significant increases in construction costs over the past two and a half years, Project implementation today would require segmenting the Project into smaller phases than originally planned.

Staff recommends the Council review and provide direction to staff on the Memorial Park Redevelopment and Expansion Project with a reduced initial phase that is in line with the approved master plan; provide direction to staff to reengage Santa Monica College (SMC) and Santa Monica-Malibu Unified School District (SMMUSD) in negotiations for potential fiscal and use agreements; and direct staff to study possible temporary relocation sites for the PLD’s operation yard and return with a recommended alternative that includes costs and timeframes.

Background
The need to expand and redefine the role of Memorial Park was established in Santa Monica’s 1997 Parks and Recreation Master Plan (Attachment A). The City purchased the Fisher Lumber site in 2004 with the intention of expanding Memorial Park. The City took occupancy of the site in 2005 and has since used the property to house the PLD staff, materials and equipment.

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Figure 1: Site Map
In March 2016, the Council adopted and formally selected the expansion of Memorial Park as one of the City’s highest priority park projects and incorporated it into the Los Angeles Countywide Parks Needs Assessment Report (Attachment B). After a competitive procurement process, Council awarded an agreement to AHBE Landscape Architects in January 2018 to provide professional design services for the development of a feasibility study and master plan layout for an expanded and redeveloped park that would meet the following objectives:
• Maximize opportunities for fields with a focus on diamond sports; • Consider community programs such as the gymnasium, Santa Monica Police Activities League (PAL), and fitness facilities;
• Integrate appropriate buffering along busy vehicular corridors; • Integrate the City’s Bicycle and Pedestrian Action Plans; and • Consider the park’s relationship to the surrounding neighborhood and City context.

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On October 15, 2019, City Council reviewed the Memorial Park Redevelopment and Expansion Master Plan that was the product of a community engagement process and directed staff to seek proposals for the design and preconstruction services of phases 1 and 2 of the park redevelopment and expansion. In addition, Council authorized staff to negotiate Fiscal and Use Agreements with SMC and SMMUSD.

On February 11, 2020, City Council awarded a design-build agreement to W.E. O’Neil Corporation to begin design of the Project, but before the contract could be fully executed, the COVID-19 pandemic emerged, and the project was suspended.

Public Landscape Relocation
The City’s PLD has been operating out of the former Fisher Lumber site adjacent to Memorial Park since being relocated from the airport in 2005. From this location, the city Park Maintenance and Urban Forestry crews care for the landscaping and irrigation in 28 parks and nearly 300 medians and public open spaces throughout the city and maintain over 35,000 public trees. The site hosts over 40 city employees, contains staff locker rooms and offices, repair shops, bulk material and equipment storage, as well as parking for staff and their work vehicles. The site also accommodates a limited number of parking spaces for the City’s contracted land care and urban forest contractors.

As part of the original effort to expand Memorial Park in 2019, staff explored a variety of relocation sites including the City Yards, and other publicly owned property at the Santa Monica Airport (SMO). Public Works ultimately selected an underutilized maintenance hangar on the airport property as a temporary location (5-10 years) for the PLD operations until a permanent location could be identified that would adequately meet the space and logistical needs of this critical work unit. Concerns from local residents about the proximity of municipal operations to a residential neighborhood led staff to conduct a broader citywide evaluation of alternative sites. In early 2020 staff developed and implemented a public outreach process to identify and assess additional sites that could be well suited to house PLD staff, equipment and materials storage. Assessment criteria included availability of land over twenty-five thousand square feet (PLD’s land size requirements are actually closer to fifty thousand square feet), functionality for PLD

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operations to access all parts of Santa Monica efficiently and effectively, neighborhood impacts, and development costs and timeline, among others.

Staff, along with a community advisory working group, analyzed the feasibility of 42 potential sites over twenty-five thousand square feet throughout the city before narrowing it down to four final scenarios that met the balance of the criteria as shown in Figures 2 and 3 below. All four final sites were on the Santa Monica Airport campus, including the original site that had been identified previously. No other public or private parcels in Santa Monica were identified despite rigorous analysis and vetting by the community advisory working group. Each Airport alternative required the undertaking of the design/development process (2-3 years) as well as several million dollars in development costs for facilities. In addition, siting PLD at SMO would require significant land lease expenditures (the City is required to pay fair market value to the Airport Fund for use of airport land) between $250,000 - $500,000 annually. Before those final options could be presented to Council, the COVID-19 pandemic arrived, and all additional work was cancelled. The final report is included here as Attachment G.

Figure 2: Map of All Parcels Greater than 25K Square Feet in City of Santa Monica

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Figure 3: Map of Four Final Relocation Scenarios and Original Relocation Site at SMO If directed to proceed with Memorial Park redevelopment, a critical first step is to accommodate the needs of the City’s PLD on a separate parcel. Without an operational base of sufficient size and location, the City’s 28 parks, 300 medians and public open spaces, and urban forest of over 35,000 public canopy trees cannot be adequately maintained to the City’s standard of care.

Discussion
Restarting the Memorial Park Redevelopment and Expansion Project comes with several challenges that would need to be addressed for the project to move forward:
• A revised project budget and funding schedule needs to be established; • The project scope needs to be revised to accommodate the new budget and available funding; and
• A temporary location (5-10 years) for the PLD operations must be selected until a permanent location that adequately meets the space and logistical needs of this critical work unit can be identified.

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Funding
In 2016, Santa Monica voters passed Measure V, a Santa Monica College bond measure that included up to $20 million in funding for construction of Phase 1 of the Memorial Park Redevelopment and Expansion Project. Upon approval of the master plan in 2019, staff also began working with SMMUSD to potentially identify additional construction funding with a goal of approximately $5 million for the project from Measure SMS bonds. The contributions of College and District funding were conditioned upon programmed joint uses of the completed Memorial Park facilities. These funds, along with approximately $5 million in City Capital Improvement Project (CIP) funding, made up the previous project budget of $30 million for the design and construction of phase 1 and the schematic design of phase 2. The total cost estimate to complete design and construction of all three phases of the Project was $100 – $116 million in capital costs in 2019. In addition, the estimate to relocate PLD in 2020 was between $1.4 - $3 million in capital costs for facility development and would require significant land lease expenditures between $250,000 - $500,000 annually depending on final location selection.

Currently, the only project funds available may be up to $20 million dedicated to park redevelopment from the SMC bond measure that have been preserved for this park expansion since the project was suspended by the City as a result of the pandemic.

Staff would need to engage in new negotiations with SMC and SMMUSD on potential fiscal and use agreement terms. No funding is currently available for PLD relocation and staff would return with funding requests based on a recommended location.

Scope
The feasibility study and master planning process included an examination of existing conditions and park program elements, and the completion of an extensive community outreach process. The result is a single, cohesive master plan layout that addresses long-standing issues at Memorial Park, including but not limited to inadequate field functionality, restrictive perimeter and edge conditions, poor connections to the surrounding neighborhood, and misused restrooms and other amenities. The existing condition and approved master plan are shown below in Figure 4.

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Figure 4: Existing Memorial Park and Approved Memorial Park Master Plan Layout The master plan always envisioned a phased approach that would be implemented over time as funding was available. Phase 1 is shown below in Figure 5 and was originally conceived as the northern half of the park, including four synthetic turf baseball/softball combination fields, a temporary natural turf practice field, the covered parking lot, pickleball/tennis courts, the Community Hub building, and the playground.

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Figure 5: Approved Phase 1 and Anticipated Reduced Phase 1 of Memorial Park Master Plan Layout In order to begin implementation of the master plan now, it would be necessary to segment the Project into additional smaller phases. With a reduced project budget and the significant increases in construction costs over the past two and a half years, staff now estimate phase 1 of the Project could include construction of fields 1-2, the covered parking lot, and the pickleball/tennis courts. Mobility and streetscape improvements on 14th Street and Colorado Avenue would be included to the extent the budget allows.

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The reduced scope of the proposed phase 1 aligns with the objectives that were outlined in the development of the feasibility study and master plan layout for an expanded and redeveloped park. However, due to funding limitations, the remaining scope of the original phase 1, including fields 3-4, the temporary natural turf practice field, the Community Hub building, and the playground would now be included in phase

2. This would leave the park without a playground until phase 2 was complete.

The balance of Memorial Park would be maintained in its current condition and the remaining land of the former Fisher Lumber site would be used temporarily as a dog run and park maintenance material storage until funding is identified to begin phase 2.

The proposed expansion would convert an additional two acres of the northern parcel (formerly the Fisher Lumber site) into public park land to allow for the development of the reduced phase 1 that would include:

Sports Fields
Fields 1-2, referred to as a combination (or combo) field, would utilize synthetic turf to create adaptable play space for baseball and softball groups of all ages. It is designed for flexibility. The combo field could accommodate a single regulation high school baseball game, adult softball game or collegiate softball game. Additionally, the field could be divided with temporary fencing to accommodate two youth baseball, or two youth fast pitch softball games played simultaneously. The field would feature covered dugouts, shaded spectator seating, and LED sports lighting. A batting cage for shared use sits adjacent to the combo field. Amenities such as pitchers’ bullpens and additional batting cages would be considered in the design phase and in coordination with the fiscal and use agreements with SMC and SMMUSD.

Pickleball/Tennis Courts
Sixteen pickleball courts with overlapping striping for four tennis courts would be elevated over the new on-site surface parking lot and would include stairs and an

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elevator. The courts would feature LED sports lighting, wide perimeter clearance spaces, and dedicated equipment storage immediately adjacent to the play area.

Parking
The covered parking lot would increase parking inventory to be used exclusively by park patrons and would include a safe and convenient passenger loading zone and turnaround area. The parking lot’s central location would make it easily accessible from all areas of the park.

Mobility and Streetscape Improvements
Mobility and streetscape improvements on 14th Street and Colorado Avenue would be included to the extent the budget allows. The proposed master plan includes 4’-wide planted areas that would provide a buffer between generous 8’-wide perimeter sidewalks and field activity within the park. Street trees and parkway planters would create a sense of comfort for pedestrians walking along the street and a shared use bike path completely separated from the street along the Colorado Avenue park frontage (Class I bike path) would allow for future connection to the Exposition Corridor Bike Path.

Public Landscape Relocation
If directed to proceed, staff would restart the study of possible temporary relocation sites for PLD’s operation yard and return to discuss findings and outline a potential recommendation that includes costs and timeframes. At this time no additional new sites at the scale required to host PLD are known and some of the previous alternatives may no longer be viable as other plans have moved forward in the past two and a half years.

Next Steps
If directed to proceed, staff would restart the Memorial Park Expansion Project with a reduced initial phase that is in line with the approved master plan, reengage SMC and SMMUSD in negotiations for potential fiscal and use agreements, and study possible temporary relocation sites, including associated costs, for the PLD’s operation yard.

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Staff would return to Council by April 2023 for approval to proceed with Request for Bid for design and pre-construction services of the reduced phase 1 of the Memorial Park Expansion Project, enter into fiscal and use agreements with the SMC and SMMUSD, and begin planning the relocation of the PLD’s operation yard subject to a Councilapproved location and budget.

If directed to do so, the relocation of the PLD’s operation yard would be submitted to City Council for approval as part of the CIP exception-based budget in 2023. If prioritized and approved, staff anticipates the design, construction, and relocation would be completed by the end of 2024.

If approved to bid the reduced phase 1 of the Memorial Park Expansion Project in April 2023, and contingent on available CIP funding and the schedule outlined above for the relocation of the PLD, it is anticipated that bidding, design, and permitting of the reduced phase 1 would be completed by Spring of 2025 and construction would be completed in 2026.

Past Council Actions
Meeting Date Description
07/01/97 (attachment A) Adopt Santa Monica Parks and Recreation Master Plan 03/22/16 (attachment B) Selection of Priority Park Projects for Inclusion in the Los Angeles Countywide Comprehensive Parks & Recreation
Needs Assessment Report
01/23/18 (attachment C) Award of Design Agreement for the Memorial Park Feasibility Study and Master Plan
10/15/19 (attachment D) Review of Master Plan layout and park program for renovation and expansion of Memorial Park
02/11/20 (attachment E) Award Bid and enter into a Design-Build Contract with W.E. O'Neil Corporation for Memorial Park
Redevelopment and Expansion Project
05/05/20 (attachment F) Santa Monica: A Plan for Our Future - City Restructuring and Associated Modifications to the Fiscal Year 2020-21 Budget Resulting from Economic Impacts of COVID-19
Pandemic

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Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. However, no City funds are currently available to restart the Memorial Park Redevelopment and Expansion Project or to relocate PLD and these projects were not included in the City’s 5-year CIP projection. Currently the only project funds available for the park redevelopment and expansion may be up to $20 million from the SMC bond measure. Staff would return with a recommended location and funding request for the relocation of PLD. Any City financial contribution to these projects would require additional revenue recovery or reprioritization of projects.

Prepared By: Amelia Feichtner, Senior Architect
Approved Forwarded to Council
Attachments:

A. July 1, 1997 Staff Report
B. March 22, 2016 Staff Report (Web Link)
C. January 23, 2018 Staff Report (Web Link)
D. October 15, 2019 Staff Report (Web Link)
E. February 11, 2020 Staff Report (Web Link)
F. May 05, 2020 Staff Report (Web Link)
G. Public Landscape Division Relocation Analysis Summary H. ADD-TO: RPC Letter to Council re Memorial Park SMC
I. Written Comment

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Packet Pg. 150 Attachment: Staff Report 9/27/2022: Memorial Park Expansion Study Session (5948 : Contract w SMC for Memorial Park Design)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

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

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

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

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Packet Pg. 151 Attachment: Oaks Initiative Form - WSP USA Environment & Infrastructure, Inc. (5948 : Contract w SMC for Memorial Park Design)

CITY OF SANTA MONICA

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

Public benefits include:

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

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________

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Packet Pg. 152 Attachment: Oaks Initiative Form - WSP USA Environment & Infrastructure, Inc. (5948 : Contract w SMC for Memorial Park Design)

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Packet Pg. 153 Attachment: Oaks Initiative Form - WSP USA Environment & Infrastructure, Inc. (5948 : Contract w SMC for Memorial Park Design)

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

Name(s) of trustees, directors, partners, and officers of the ABC Corporation Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Name(s) of persons with more than a 10% equity, participation, or revenue interest in ABC Corporation
Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY:

Bid/PO/Contract # ____________________________ Permit # ___________________________

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Packet Pg. 154 Attachment: Oaks Initiative Form - WSP USA Environment & Infrastructure, Inc. (5948 : Contract w SMC for Memorial Park Design) City Council
Report
City Council Meeting: August 22, 2023
Agenda Item: 5.E
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Office of Sustainability & the Environment
Subject: Adoption of Resolution Authorizing Application for the California Strategic Growth Council Community Resilience Centers Grant
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines

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

Executive Summary
The City’s Climate Action & Adaptation Plan (CAAP), adopted by Council in 2019, identifies the need to develop a “climate ready community” that is resilient to the impacts of climate change. To achieve this, the CAAP highlights the importance of improving local energy infrastructure. The Strategic Growth Council Community Resilience Centers program (CRC) will fund new construction and upgrades of neighborhood-level resilience centers to provide shelter and resources during climate and other emergencies. The program will also fund year-round services and ongoing programming that build overall community resilience. Virginia Avenue Park is in a Senate Bill (SB) 535 Disadvantaged Community and has already served as a Family Assistance Center, vaccination clinic, and food pantry site during emergencies. Staff recommends that the City apply for $5 million in CRC funding to upgrade the facilities at

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Virginia Avenue Park to serve as a Community Resilience Center year-round and during disruption events.

Background
The City’s Climate Action & Adaptation Plan (CAAP) was developed over a three-year period using extensive analysis, modeling, stakeholder input, and community engagement to ensure buy-in and feasibility. Presentations were given at 19 community and business meetings reaching approximately 300 people. These included various meetings of neighborhood associations, community organizations, church groups, business improvement districts and business events. The resulting CAAP outlines the importance of energy resilience and protecting vulnerable groups in achieving a climate ready community.

Past Council Actions
Meeting Date Description
05/28/19 (Attachment A) Adoption of the Climate Action & Adaptation Plan 03/14/23 (Attachment B) Adoption of the Sustainable City Plan update 04/11/23 (Attachment C) Adoption of resolution authorizing the application for approved grant funds for the Santa Monica City Yards
Modernization Microgrid Project
Discussion
A Community Resilience Center at Virginia Avenue Park would both increase energy resilience and the safety and wellbeing of the population in Santa Monica's Pico Neighborhood and beyond. Virginia Avenue Park is located in Santa Monica’s most ethnically and culturally diverse neighborhood. The site serves as a critical hub for community-based programs that promote wellbeing through community engagement, healthy living, arts, and academics. Virginia Avenue Park offers amenities that strengthen social cohesion and community trust, including outdoor recreation and picnic areas, a Teen Center, a Fitness Center, a weekly Farmers Market, and the Pico Branch Library. During the COVID-19 pandemic, Virginia Avenue Park served as a community vaccination clinic and site of a food pantry to support Santa Monica families

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experiencing food insecurity. It also provided safe assistance to support applicants of the City’s Emergency COVID-19 Rental Assistance Program. Virginia Avenue Park has been identified as a potential Family Assistance Center that may serve as a community information hub where first responders provide information during emergencies. An allelectric commercial kitchen is currently being developed at Virginia Avenue Park which will promote community connectedness, partnership, and entrepreneurship, and introduce participants to the health, safety, and environmental benefits of cooking without natural gas. The kitchen will drive economic development in the Pico Neighborhood through small business incubation, space for job-training activities, and space for local residents to prepare food for wholesale and retail sales.

A key climate threat facing Southern California and many other regions is extreme temperatures leading to power outages. Through CRC funding, the upgraded Virginia Avenue Park Community Resilience Center would combine solar photovoltaics and battery storage to bolster energy resilience at this critical facility. The proposed project would utilize a combination of carports and roof mounted solar photovoltaic systems which are connected to a battery energy storage system and tied into the main electrical system. These upgrades would allow for an islanded microgrid that would make the site, and the surrounding communities, more resilient to threats of extreme heat and other shocks. A microgrid would ensure that existing Virginia Avenue Park facilities and programs remain operational year-round, including during disruption events. It would also support new community programs to be run out of Virginia Avenue Park.

Staff and community partners will develop robust, culturally appropriate community engagement activities to ensure that the resulting Virginia Avenue Park Community Resilience Center is co-designed with the communities it will serve.

Environmental Review
The grant is categorically exempt from CEQA pursuant to Section 15301 and Section 15302 of the CEQA Guidelines. Section 15301 exempts Class 1 (Existing Facilities) projects from CEQA, which include the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,

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mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The CRC grant funding would be used to upgrade the facilities at Virginia Avenue Park to serve as a Community Resilience Center, and therefore, it has been determined that the project would fall within the Class 1 categorical exemption. Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of recommended action. The grant is reimbursement-based and has no matching funds requirement. Staff would return to Council with budget changes if the grant is awarded.

Prepared By: Elias Platte-Bermeo, Sustainability Analyst Approved Forwarded to Council
Attachments:

A. May 28, 2019 Staff Report (web link)
B. March 14, 2023 Staff Report (web link)
C. April 11, 2023 Staff Report (web link)
D. Resolution to Apply for SGC CRC Grant FORMATTED

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City Council Meeting August 22, 2023 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

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

AUTHORIZING THE APPLICATION FOR THE STRATEGIC GROWTH COUNCIL

COMMUNITY RESILIENCE CENTERS GRANT
WHEREAS, the California Strategic Growth Council has authorized $98.6 million in first round funding for the Community Resilience Centers program to support the planning and construction of neighborhood-serving ‘community resilience centers’ that can protect people from extreme heat and other climate-driven extreme weather and build community preparedness (CRC Implementation Grant); and
WHEREAS, hazards like wildfire smoke, extreme heat, and power outages are increasingly longer lasting and more frequent in California; and WHEREAS, the City of Santa Monica (City) shall provide an adopted resolution that includes an authorization to apply for and accept a CRC Implementation Grant and authority to execute all related documents if awarded.

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

SECTION 1. The City Council authorizes City staff to submit an application for the CRC Implementation Grant for the City’s Virginia Avenue Park Microgrid Project (Project).

SECTION 2. The City has reviewed, understands, and, if awarded a CRC Implementation Grant, agrees to the provisions in the CRC Round 1 Final Guidelines.

SECTION 3. The City agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines for the Project.

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Packet Pg. 159 Attachment: Resolution to Apply for SGC CRC Grant FORMATTED (5944 : SGC CRC Microgrid Grant Authorization) SECTION 4. The City appoints the City Manager, or designee, as the City’s agent to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for acceptance and administration of the CRC Implementation Grant.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

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Packet Pg. 160 Attachment: Resolution to Apply for SGC CRC Grant FORMATTED (5944 : SGC CRC Microgrid Grant Authorization) City Council
Report
City Council Meeting: August 22, 2023
Agenda Item: 5.F
1 of 6
To: Mayor and City Council
From: Christopher Smith, Acting Chief Information Officer, Information Services Department
Subject: Accept Proposal and Enter into Agreement with the San Francisco AIDS Foundation for the AIDS/LifeCycle 2024 Finish Line Festival Recommended Actions
Staff recommends that the City Council:

2. Authorize the City Manager to negotiate and execute a license agreement with the San Francisco AIDS Foundation for use of the 4 South Beach Parking Lot from June 7-8, 2024 for the “AIDS/LifeCycle 2024 Finish Line Event.” Summary
As part of this year’s Santa Monica Pride festivities, Santa Monica hosted the Finish Line Festival for the 2023 AIDS/LifeCycle for the first time. AIDS/LifeCycle (The Ride), a 7 day, 545-mile bike ride from San Francisco to Los Angeles, co-produced by and benefiting San Francisco AIDS Foundation and the Los Angeles LGBT Center, brings approximately 2,500 cyclists down the California coastline over a 545-mile route from San Francisco to Santa Monica. The Ride is the premier fundraising event for both agencies, and in 2023 raised $11.8 million for HIV/AIDS services in the San Francisco and Los Angeles regions. Staff now requests authorization to have the Finish Line Festival for AIDS/LifeCycle return to Santa Monica for 2024. The event would again be held in City Beach Lot 4 South.

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Discussion
To further embrace the City’s core values of equity and inclusion, SaMo PRIDE was established in 2019 as a city-wide partnership between the City of Santa Monica, Downtown Santa Monica, Inc., Santa Monica Pier, Santa Monica Place and Santa Monica Travel and Tourism dedicated to celebrating the LGBTQIA+ community and providing a platform to champion individuality and acceptance. Since its inaugural year, SaMo PRIDE has evolved into a rich community tradition with family-friendly displays, events and activities that encapsulate the City’s inclusive and diverse spirit. SaMo PRIDE continues to strive to increase visibility and understanding of the broad spectrum of gender identities and experiences within the LGBTQIA+ community. The City’s perfect score on the Human Rights’ Campaign’s 2022 Municipal Equality Index is recognition of the community’s broad commitment to LGBTQIA+ equity inclusion, creation of safe spaces, inclusive policies, and advocacy for LGBTQIA+ protections.

The opportunity to retain The Ride and the Finish Line Festival event in Santa Monica advances the work established by the City and SaMo Pride partners to support the LGBTQIA+ community and address issues facing this community. Services for those living with HIV/AIDS remains a critical health need. The Center for Disease Control estimates that 62,800 people with HIV/AIDS are living in Los Angeles County. The virus disproportionately affects people of color and the LGBTQ+ community, those who have difficulty accessing traditional healthcare services. Those living with HIV/AIDS are also at greater risk of becoming homeless. The range of services funded by the AIDS/LifeCycle event help support this community to ensure access to treatment, education, and other services.

Overview of the Ride
The Ride is a 7-day, 545-mile bike ride from San Francisco to Los Angeles, coproduced by and benefiting San Francisco AIDS Foundation and the Los Angeles LGBT Center. The Ride began in 1994 and was called the “California AIDS Ride.” In 2002, it was rebranded as AIDS/LifeCycle. Since 1994, participants have raised more than $300 million for the HIV and AIDS-related services of the Los Angeles LGBT Center and San Francisco AIDS Foundation. In 2023, the Ride raised $11.8 million, which serves to

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underwrite significant costs associated by the health services provided by these two agencies.

Overview of the Event
The AIDS/LifeCycle Finish Line Festival incorporates both a finish line experience for 2,500 cyclists and 650 7-day volunteers (called Roadies), as well as a reception point for event vehicles, supplies, and equipment. The event would be held on June 8, 2024, in the 4 South Beach Parking lot. Cyclists will use the City’s existing bike lane network to exit off the Beach Bike Path at Channel Road and navigate up to Ocean Avenue where they will use the bike lanes to ride down to Bicknell and enter the event site.

Cyclists are paced when leaving the campsite in Ventura and ride single file on public streets abiding by all laws, and according to a strict set of safety policies that are enforced by event staff throughout the duration of the Ride. This means that unlike other traditional “race” events, participants steadily enter the event site over the course of 4 hours rather than en masse at any one time. This allows all roads to remain open during the event.

In shaping its event proposal in 2023, the AIDS/LifeCycle event team engaged with several relevant City departments, including the Santa Monica Police Department, Mobility and Parking staff within the Department of Transportation, Economic Development/Pier Management, the Community Events Team, the City Attorney’s Office, and the City Manager’s Office. The AIDS/LifeCycle team also worked closely with the Ocean Park Association, Main Street Businesses, and other stakeholders as part of ensuring a safe and successful event. In the end the City received one complaint about the loss of parking in this facility, but many more expressed excitement and gratitude for bringing this event to Santa Monica.

The AIDS/LifeCycle event team has already engaged City staff for the 2024 Finish Line Festival event to again align event plans with key Council and community objectives— including safety and security of the event site and surrounding areas, planning for traffic management and alternative mobility options, and supporting economic development for the City.

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Event activities will mirror those in 2023, including:
• Barricaded cyclist chute through which participants cross the official end of the route
• Friends and family spectator area where viewers can watch and cheer on the cyclists
• Bike Parking for 1,000 cyclists
• Bike Tech and Bike Shipping
• Participant Gear Pick Up
• Cyclist Lunch
• An event stage
• A “Camp Store” retail space
• An outreach lounge and recruitment area
• Sponsorship activations
The event will involve closure of the 4 South Beach lot from noon on June 7, 2024, through June 8, 2024.

License Agreement
The City’s Community Events Permit process and Site Guidelines do not currently allow for events on the Santa Monica Beach and Beach Lots during the peak summer months, in order to preserve maximum access for beachgoers. Outside of summer, beach events are required to have a “beach-related activity” such as beach sports as a primary component.

Staff supports this event because of the potential economic impact and the opportunity to establish a marquee event for SaMoPride that provides over $11.8 million in funding to deliver needed HIV/AIDS services in our region and the San Francisco region,

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including access to healthcare and services as well as services such as housing and support for those living with HIV/AIDS.

Community Engagement
The AIDS/LifeCycle event team is dedicated to a good neighbor policy. Having hosted this event since 1994, they are experienced working with community members and other stakeholders to help address concerns wherever possible. The event is supported by the SaMo Pride partners and the team has met with the Main Street Business District and Ocean Park Association (OPA), both of whom support bringing the event to Santa Monica. OPA has also committed to partner with the City and Ride Team to help engage OPA residents to inform the community of this event, including through their weekly newsletter and community meetings. The team will meet with these groups starting in January 2024 and remain in community up through the event in June 2024.

Coastal Commission Approval
This event will require a Coastal Development Permit because it occurs between Memorial Day and Labor Day, pursuant to the Coastal Commission’s adopted Guidelines for the Exclusion of Temporary Events from Coastal Commission Permit Requirements, dated May 12, 1993. This was permitted for the 2023 event and staff does not perceive any issues receiving the permit again this year. The City’s adopted 1992 Coastal Land Use Plan would be the standard of review, in addition to the aforementioned guidelines, however, the 1992 LUP does not contain any policies regarding temporary events.

Past Council Actions
Meeting Description
1/10/2023 Authorization of License Agreement for 2023 ALC Finish Line Festival
Environmental Review
The event is categorically exempt pursuant to Section 15323 (Class 23 Normal Operations of Facilities for Public Gatherings) of the California Environmental Quality

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Act (CEQA) guidelines. Class 23 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a history of the facility being used for the same or similar kind of purpose in where there is a past history of the facility being used for the same or similar kind of purpose. The 4 South Beach Parking lot and City’s bicycle network has been previously used for public events, and therefore, the AIDS/LifeCycle 2024 Finish Line Event is categorically exempt from CEQA.

Financial Impacts and Budget Actions
The City will receive $21,034 in revenues for use of the 4 South Beach Lot and parking staff costs. The Event will also be required to pay fees for all permits and licenses required to support the event. Additional ancillary positive impacts would accrue through additional transient occupancy tax, and sales tax, along with benefits related to enhancement of the City’s brand and marketability to visitors.

Prepared By: Christopher Smith, Acting Chief Information Officer Approved Forwarded to Council
Attachments:

A. ALC 2024 Finish Line Festival Event Narrative
B. January 10, 2023 Staff Report Authorizing ALC 2023 Finish Line Festival (Web Link)
C. AIDS Lifecycle Ride License Agreement 2023
D. AIDS LifeCycle Ride Oaks 2024

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Packet Pg. 166
AIDS/LifeCycle 2024
Finish Line Festival Event Narrative

OVERVIEW
This narrative details the Finish Line Festival event, which occurs as the final moment of the AIDS/LifeCycle 7-day bike ride from San Francisco to Los Angeles (also referred to herein as ‘ALC’ or ‘the Ride’). In 2023, the AIDS/LifeCycle event organizers, in conjunction with representatives from the City of Santa Monica, approved a contract to bring ALC’s Finish Line Festival experience to Santa Monica’s Parking Lot 4 South. The event was a huge hit with participants, supporters, event staff, and the surrounding community.

After a very successful 2023 event, the event organizers are working with the City of Santa Monica to return to Parking Lot 4 South for their 2024 event, as a part of Santa Monica’s month of Pride Programming. The event will be free and open to the public, and will occur on Saturday, June 8, 2024, from approximately 10AM to 4PM.

The event plan as proposed to the City of Santa Monica will include the activation of the long term parking portions of Lot 4 South to house the AIDS/LifeCycle Finish Line, Finish Line Festival, and participant services.

TIMELINE
● Load In: Friday, June 7, 2024, 12:00PM - 10:00PM: Load in and setup up event infrastructure in Lot 4 South
● Finalize Set Up: Saturday, June 8, 2024 - 6AM - 10AM: final placement of infrastructure; open event to receive ALC participants & the public ● Operate Event: Saturday, June 8, 2024 - 10:30AM - 4PM: receive event participants; all areas open & operating
● End of Event: Saturday, June 8, 2024: 4PM - 4:30PM: Closing Ceremony occurs following the final cyclist crossing the Finish Line
● Strike & Load Out: Saturday, June 8, 2024: 4:30 PM - 11:59 PM: close down & strike all event areas; ALC completely off-site by end of day
EVENT DESCRIPTION - PARKING LOT 4 SOUTH
Parking Lot 4 South will house event infrastructure that exists to support the Finish Line experience and getting ALC participants off of the event:
● Finish Line Chute: A delineated, protected lane for event cyclist traffic, with runs of barricade on either side to protect cyclists. We will have approximately 2,500 cyclists, all riding single file & spaced out with a full bike length between them and the bike in front of them, crossing the finish line at some point between 10AM and 4PM. The flow of cyclists is gradual and follows the arc of a bell curve - it’s a trickle of cyclists between 10AM and 1PM; then a heavier flow between 1PM and 3PM; then back to a trickle from 3PM to 4PM. Spectators typically line up along the chute to watch their friends and family cross the finish line.
● Finish Line: The official ending point of the event for cyclists

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Packet Pg. 167 Attachment: ALC 2024 Finish Line Festival Event Narrative (5946 : License Agreement for AIDS/LifeCycle event) AIDS/LifeCycle 2024
Finish Line Festival Event Narrative
● Bike Parking: And area of racks where cyclists can park their bikes after they cross the finish line
● Bike Shipping: A service provided by ALC partners to help participants ship their bikes home after the event
● Gear Pick-Up: ALC carries all participant gear forward during the full 7 days of the Ride event. The Gear Pick Up lot is designated as the location for all gear to end up. The operation consists of unloading approx. 16 box trucks full of participant luggage into an area delineated by temporary event fencing and restricted to access by participants only. ● Festival Stage - live entertainment (DJs, performances, etc.) will be staged, in addition to a Closing Ceremony
● Event Booths - elements like a Camp Store, a registration booth for the AIDS/LifeCycle 2025 event, sponsor activations, snacks and lost & found, etc. ● Food & food trucks - some food is available for free for event participants only; some food is available to all for purchase
● Seating, etc.
● Important Notes:
○ All infrastructure related to the Finish Line Festival will be contained within the parking lot’s footprint. There are no activated event spaces on the sand/beach.

ATTENDANCE
Total Anticipated Attendance: 3,000 ALC Participants (Cyclists, Volunteers, Staff, Vendors) plus 2,500 attendees for a Total of 5,000 - 6,000 people

ABOUT AIDS/LIFECYCLE
AIDS/LifeCycle is a 7-day, 545-mile bike ride from San Francisco to Los Angeles that raises critical funds for the HIV/AIDS services of the Los Angeles LGBT Center and San Francisco AIDS Foundation. The event raises over $15 million annually for these two California non-profit organizations, and features approximately 2,500 cyclists and 650 volunteers, called “Roadies,” who travel together, along with vendors & event staff, from San Francisco to Los Angeles.

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Packet Pg. 168 Attachment: ALC 2024 Finish Line Festival Event Narrative (5946 : License Agreement for AIDS/LifeCycle event) Contract No. 11351 (CCS)

LICENSE AGREEMENT
This License Agreement is made and entered into as of _______________ (“Execution Date”), by and between the CITY OF SANTA MONICA, a California municipal corporation (“City”) as Licensor; the San Francisco AIDS Foundation, a California-based non-profit organization (“Licensee”). The undersigned parties may be individually referenced herein as a “Party” and collectively referenced herein as the “Parties.”

RECITALS
A. 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. Licensee is a California-based non-profit organization overseeing the logistics and fundraising for the AIDS/LifeCycle 2023, which is a 7-day cycling event from Northern California to Southern California.

C. The City’s Community Event Site Guidelines ordinarily restrict events on the Santa Monica Beach during the Summer which can be processed through the City’s Community Events Permit process.

D. On July 12, 2022, Licensee provided the City with a proposal to the City regarding a 2023 AIDS/LifeCycle 2023 Finish Line event (the “Proposal”) that would take place in the City. The Proposal outlined an estimated timeline of June 9 and 10, 2023 for set up, event, and clean up.

E. On January 10, 2023, the Santa Monica City Council authorized the City Manager to accept the Proposal and negotiate and execute a license agreement with Licensee for use of a portion of 4 South Beach Parking Lot, and adjacent area.

F. City and Licensee seek to enter into this License Agreement for Licensee to use the licensed area described below to present the AIDS/LifeCycle 2023 Finish Line event (the “Event”) in the City in a manner consistent with the typical community event permit requirements and the terms and conditions below.

NOW, THEREFORE, in consideration of the foregoing recitals, and the mutual covenants and agreements contained herein, City hereby grants to Licensee a license (“License”) to enter upon and occupy the real property described below upon the following terms and conditions:

DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 1/12/2023

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Packet Pg. 169 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 2 1. LICENSE AREA

1.1 Definition of License Area
During the License Term (as defined in Section 2.1), Licensee shall be entitled to enter upon and occupy the following premises (collectively, the “License Area”):

The License Area shall consist of: (1) the area specifically marked and identified as 4 South Parking Lot attached as Exhibit A It is expressly understood that (other than parking spots in the License Area), the License Area does not include any of the parking spaces located at Santa Monica beach, including the 1550 Lot and Lot 1 South, the bike path, the pedestrian path referred to as Ocean Front Walk, or any other portion of the City owned or operated property that is not specifically marked as Exhibit A. By separate agreement with the City, the Licensee may reserve parking at Lot 4 South and Lot 3 North.

1.2 License Area Provided “AS IS”
City shall deliver the License Area to Licensee “AS IS” and makes no representations or warranties, express or implied, as to the suitability of the License Area for Licensee’s intended use and occupancy.

1.3. Limited License.

It is expressly understood and agreed by and between the Parties that this License Agreement constitutes a limited license only, and shall not be construed as granting to Licensee any right of exclusive possession, title or interest whatsoever in and to the License Area, provided that City will not grant a license to any other party for use of the License Area.

2. LICENSE TERM

2.1 License Term
Subject to Sections 2.2, and 2.3, the term of this License shall commence as of the Execution Date and shall terminate at 11:59 PM on June 10, 2023 (“License Term”), unless terminated by the Parties earlier pursuant hereto.

2.2 2023 Occupation Period of the License Area
During the License Term, Licensee may only use and occupy the License Area from June 9, 2023 at 12:00 p.m. until June 10, 2023 at 11:59 p.m. (“Occupation Period”) in accordance with the following:.

A. Event Set Up Period. The set up period for the Event shall commence on June 9, 2023 at 7:00 am and shall continue through and including 10:00 am June 10, 2023 DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 170 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 3 (“Event Set Up Period”)
B. Event Period. Licensee may use the License Area for holding the Event on June 10, 2023 ("Event Period").

C. Period for Move-Out and Restoration. The period for move out and restoration of the License Area shall take place on June 10, 2023 from 3:00 pm and 11:59 pm (“Restoration Period”).

3. USE OF LICENSE AREA

3.1 Permitted Use
The License Area may be used and occupied by Licensee during the Occupation Period solely for the permitted uses of parking and staging area for the Event and as provided in Exhibit A.

3.2 Regulatory Approvals and Compliance with Community Event Permit Requirements
Prior to the commencement of the License Term, Licensee shall be responsible, at Licensee's sole expense, for procuring, providing, and maintaining in full force and effect, all applicable regulatory approvals. This may include, without limitation, permits required by the City of Santa Monica Fire Department, the City Building and Safety Department, the California Coastal Commission, and others. In addition, Licensee agrees to comply with the requirements of the City’s Community Event Permit Process as set forth in Santa Monica Municipal Code Chapter 4.68, and any associated administrative regulations and guidelines. In the event of any inconsistency or conflict between this License Agreement, the City’s Community Event requirements in Chapter 4.68 of the Santa Monica Municipal Code, and any associated administrative regulations and guidelines promulgated thereunder, the order of precedence shall be resolved in favor of the terms of the License Agreement, followed by the City’s Community Event requirements in Chapter 4.68 of the Santa Monica Municipal Code, and lastly any associated administrative regulations and guidelines.

3.3 Repair and Restoration of the License Area.

Licensee shall repair and restore the License Area subject to the following:

A. Condition of License Area Upon Return to City. Licensee shall be obligated to clean, repair, restore, and return the License Area in the same condition in which it was prior to commencement of the License Term, and in a manner reasonably satisfactory to the City, except for normal wear and tear and/or changes in the condition of the License Area caused by weather conditions or other acts of God (“Original Condition”). This includes, but is not limited to, restoring the License Area to Original Condition prior to this License Agreement. Any equipment rented from SMPC or the City’s Parking Operators must be left in functioning, clean, orderly and sanitary condition. Licensee shall obtain a list of approved vendors, requirements, and standard equipment for repairing the License Area from the City of Santa Monica’s Transportation Department or City designee. All completed repairs must be approved by the DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 171 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 4 City’s Economic Development Department before the Security Deposit in Section 4.3 can be refunded to Licensee.

B. Removal of Personal Property. Before the expiration of the License Term, Licensee shall remove all of Licensee's personal property and effects of whatever nature, at Licensee's sole expense from the License Area. If Licensee fails to remove all of Licensee's personal property from the License Area upon expiration of the License Term, the City may: (a) treat the personal property and effects as abandoned, in which case the personal property and effects shall become the property of the City; (b) remove the personal property and effects in any manner whatsoever and store the same without liability to Licensee for loss or damage thereof, all at Licensee's expense, (including but not by way of limitation any and all expenses of removal, court costs, actual attorney's fees and storage costs); or (c) following notice to Licensee, sell the personal property and effects at public or private sale, with legal process, for such prices as the City may obtain, and apply the proceeds of such sale against any amounts then due or later become due under this Agreement, including but not limited to expenses of removal or sale of the personal property and effects, court costs, actual attorney's fees and storage costs.

3.4 Parking and Traffic Management Plan
Licensee must submit a Parking and Traffic Management Plan prior to the commencement of the License Term for the City’s review and approval. The Parking and Traffic Management Plan shall include the requirements set forth in this Agreement. A parking and traffic control plan (to consider event footprint, daily staff/crew size, peak guest attendance and other access and delivery requirements) shall be prepared in consultation with City and submitted to City for written approval by February 1, 2023 (or other mutually agreed upon date).

3.5 Security Plan.

Licensee shall submit a Security Plan for City’s approval. Licensee shall provide all security for the Event in accordance with the approved Security Plan. Licensee’s security personnel are prohibited from carrying weapons on the Santa Monica Pier or the Santa Monica Beach. At all times, Licensee must maintain access to City of Santa Monica fire equipment and required fire exits inside the License Area. The Security Plan shall encompass all aspects of the Event (both interior and exterior areas) including ingress and egress to the License Area by any guests or invitees from any parking facilities located on or about the License Area. Licensee shall be responsible for preparing the Security Plan in consultation with the Santa Monica Police Department. Licensee shall obtain City’s prior written approval of the Security Plan at least thirty (30) calendar days prior to the Event (or other mutually agreed upon date). Licensee shall be responsible for all costs associated with preparing and implementing the approved Security Plan. Only bona fide security companies, which have been approved by City may be used to provide security services at the License Area. Licensee shall indemnify, defend and hold harmless the City from and against any and all claims and losses whatsoever, including attorney's fees, accruing or resulting to any person, entity, firm or corporation for any claim, expense, loss, damage, injury or death to the extent arising out of the negligence or intentional misconduct of Licensee's security in connection with the Event.

DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 172 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 5 3.6 Authorized Representative
Licensee agrees to provide authorized representatives to act on behalf of the Licensee and to require compliance with all terms, covenants and condition of this License Agreement and all applicable regulatory permits. The List of Authorized Representatives is attached as Exhibit G and contains the list of names, address and cell-phone numbers of Licensee’s authorized representatives.

Such authorized representative shall be available by cell-phone, and Licensee shall use best efforts to make such cell-phone number available to the guests, neighbors, adjacent businesses, members of the public, and the City.

3.7 Advertising
A. The Licensee is permitted to use the name “the City of Santa Monica,” and the “Santa Monica Beach” only for reference purposes when referring to the location of the Event in any and all communications and advertising or promotional materials or publications (collectively, the “Advertising”), with the prior approval of the City, which shall not be unreasonably withheld. Licensee may, from time to time, submit to the City for preapproval, a representative group of such Advertising. The City shall approve or disprove such Advertising within ten (10) days of receipt. Once approved, such Advertising may thereafter be used by Licensee without the need for further approval. Licensee shall not be permitted to use the City’s name, images, or marks for any other purpose or use. Unless required by Law, City shall not use the name, trademarks or any other intellectual property of Licensee in any advertising, promotional materials or for any other reason, without Licensee’s prior written consent, which consent may be withheld at Licensee’s sole discretion.

B. Subject to compliance with the City’s signage regulations, Licensee shall be entitled to erect, at its own cost and expense, signs and banners on the License Area subject to the prior approval of the City. Licensee shall bear the cost of the installation, repair, maintenance, and removal of any such sign and banner.

3.8 Conduct of Business.

Licensee agrees to conduct Licensee's business in an orderly and lawful manner and to abide by all rules and regulations issued by the City. Without limiting the foregoing, Licensee agrees: (a) to obtain City's approval of the announcement date of the Event and the form of such announcement (it is hereby acknowledged that the City approved Licensee’s announcement of the Event prior to the Execution Date); (b) to provide City with copies of and obtain City’s approval of promotion, sponsorship, or joint venture agreement by and between Licensee and any agent, promoter, or any other person or entity with a business relationship with Licensee with respect to the Event; (c) to follow any and all rules, regulations or directions of City pertaining to the Event and (d) to provide directions to the License Area, including map and text, to Licensee’s guests and crew.

DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 173 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 6 3.9 Restrictions on Use.

A. No Smoking. Smoking is prohibited on or around the License Area. Licensee shall assume the responsibility for enforcing this restriction.

B. No Structures, Drilling or SFX. Licensee may not erect or maintain on the License Area any additional buildings, enclosures, structures, facilities, or tents, except with the City’s prior written consent and subject to any required building permits.

C. No Balloons. Due to the Event’s proximity to the ocean and the potential hazards that balloons present to sea life, balloons are not permitted at the Event.

D. Zero Waste. Compliance with the City’s Zero Waste Plan is required for all events and promotions. Arrangements for a Zero Waste Plan are to be made directly with the City’s Resource Recovery and Recycling Division with proof of plan submitted to City no less than thirty (30) days prior to event or promotion date (or other mutually agreed upon date).

E. No Lien. Licensee shall not create or permit to be created any lien, encumbrance or charge against the License Area and shall, at its own cost and expense, make best efforts to cancel the same within ten (10) days after receipt of a notice of the filing of any lien against the License Area arising out of the use of the License Area by Licensee.

F. Promotion. No promotion, scheme, or device involving the award of any prize, gift, or privilege related to the Event, determined as the result of any contest, promotion, or by chance, and incorporating City Marks, shall be undertaken by Licensee without the express written consent of the City.

G. Broadcasting, Recording, Taping, Filming. No event or performance presented at the License Area shall be broadcast, televised or in any manner recorded for reproduction (collectively, “Recordings”) without the City’s express written consent. As applicable, Licensee agrees to pay City’s broadcasting, recording, televising, filming or taping fees.

A License Area credit also is required, if appropriate. Any such Recordings are proprietary to Licensee, and Licensee shall have the exclusive, worldwide and perpetual right to exhibit, license and/or sublicense to third parties the right to exhibit all or any part of the Recordings in any program in any and all media now existing or hereafter developed. Licensee agrees to comply with the permit procedures and fees outlined in Exhibit D, to the extent applicable.

DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 174 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 7 4. LICENSE FEE

4.1 Amount of License Fee
The Licensee shall pay, and City agrees to accept, a License Fee for the License Area consisting of $19,200 including all applicable taxes for use of the License Area; and (ii) the Other Costs in accordance with Section 4.2.

The full amount of the License Fee shall be payable on or prior to June 9, 2023.

4.2 Other Costs.
“Other Costs” shall mean and refer to but not limited to the following costs:

4.2.1 The costs related to the Parking and Traffic Management plan and Security Plan including private security staffing, barricade rental, interior parking lot directional signage. Such costs shall be paid directly to the third parties involved. An estimate of such costs is attached hereto in Exhibit D.

4.2.2 As set forth in Exhibit D, the costs approved by Licensee and charged by the City for the services rendered, at the Licensee’s request, by the following departments of City: Police Department, Fire Department, Public Works, Transportation Department, Community Development Department, and all other applicable departments of the City as set forth in Exhibit D and incorporated herein by reference for all services performed by City staff for the Licensee, including, but not limited to, water and sewer hookups, beach and Pier Deck and parking lot staffing and cleaning, electrical hook-ups, refuse dumpster rentals, refuse pick-up, plan review, traffic management plan and business license.

4.2.3 Licensee shall provide, at its own expense, bike valet parking which will be operated in accordance with the approved schedule detailed in the Parking and Traffic Management Plan. The costs related to the bike valet parking shall be paid directly by Licensee to the third parties involved.

4.3 Security Deposit
Upon the execution of this License Agreement, Licensee shall furnish City with a security deposit in the amount of Ten Thousand Dollars ($10,000). In the event that Licensee fails to perform any of its obligations pursuant to this License Agreement after City having notified Licensee in writing of this breach and after Licensee having failed to cure such breach in the Cure Period (as defined in Section 15.2), the security deposit may be used by City for the following: (i) to cover reasonable costs for the restoration of the License Area in accordance with the provisions of the License Agreement, to the extent such restoration was necessitated by Licensee’s breach; (ii) for payment of additional utility services and charges to the extent incurred as a result of Licensee’s breach; and (iii) to cover reasonable costs incurred by City to the extent arising directly from a breach by Licensee of the performance of any obligations of the License Agreement (collectively “Breach Costs”). City shall then be entitled to deduct the Breach Costs of the restoration, performance or cure from the security deposit.

DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 175 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 8 City shall return to Licensee the security deposit, or its balance, as applicable, within fourteen (14) business days after the conclusion of the License Term or after failure to obtain necessary approvals, permits and licenses described in Section 10.2, below. In the event that the Breach Costs are greater than the amount of the security deposit, City shall submit an invoice for such costs to Licensee, accompanied with actual expense documentation of the Breach Costs without markup, and Licensee shall be required to pay City’s invoice within thirty (30) days of receipt of such invoice by City.

4.4 Other Charges: Staff Fee.

Licensee shall pay to City a Staff Fee in accordance with the schedule set forth in Exhibit D for staff time necessary for supervising the preparation and staging of the Event between the hours of 7 a.m. and 6 p.m., during the Set Up Period. These hours may be altered by City depending upon the specifics of an Event. In addition, Event supervisors may be required to supervise Licensee’s activities on and adjacent to the License Area whenever such activities include any of the following: substantial exterior construction, set up of a ‘party’ tent, load in/load out of multiple dealers, vendors, suppliers, or talent. Such staff supervision will be at the Additional Staff Rate as set forth in Exhibit D.

5. CONTRACTORS AND SERVICE PROVIDERS
Licensee shall hire and pay for all necessary labor required for Licensee's use of the License Area (as determined by Licensee in Licensee’s sole discretion), including, but not limited to, stagehands, ticket takers, ushers and guards, location and production assistants, contractors and subcontractors for the purposes of the Event (“Contractors”). The cost of said Contractors shall be provided at the sole expense of Licensee. Licensee shall pay for any and all expenses for any Contractors which Licensee may wish to hire.

6. REFUSE AND SANITATION.

Dumpsters and trash/recycle/food waste carts are provided by the City at the sole cost of the Licensee. Licensee shall be required to provide all other appropriate refuse facilities and containers inside and outside of the Event structures. Licensee is encouraged to recycle all appropriate materials.

7. UTILITY SERVICE.

SMPC makes available to the License Area either directly or through a contractor approved by SMPC, certain utility services for Licensee. All expenses for water and electrical service, including electrical hook-ups, distribution and wiring for lights, equipment, trucks and other items of a similar nature shall be the sole responsibility of Licensee. Any hook-ups, wiring and other work done by or for Licensee, including temporary power distribution, heating and air conditioning, shall be done in a good and workmanlike manner and be subject to prior written approval of SMPC, and shall be done with proper building permits, if required, and in compliance with all applicable codes, including without limitation, the City’s Municipal Code.

DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 176 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 9 8. NEIGHBORHOOD IMPACTS, COMMUNITY OUTREACH, MARKETING, AND PROMOTION.

Licensee agrees to pay the Notification Fee (as defined below) for the preparation and mailing of neighborhood notifications, which will be mailed to Pier tenants, beach tenants and beach neighbors at least two weeks in advance of the event. The notice will include a brief description of event, date and time, name of a contact person, and a means for reaching the person during the event in case there is a problem. Licensee will contact Community Recreation by email at [email protected] to coordinate preparation of neighborhood notification and payment of $375 as a notification fee (“Notification Fee”).

9. INSURANCE
Prior to commencing occupancy of the License Area, Licensee shall procure and maintain at Licensee’s own cost and expense for the duration of the License Term insurance against claims for injuries to persons or damages to property which may arise from or in connection with Licensee’s possession, occupancy, operation, and use of the License Area, by Licensee, its directors, officers, agents, representatives, employees, contractors, subcontractors, guests, customers, and invitees. Licensee must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit E, Insurance Requirements and Verifications.

10. PERMITS, LICENSES AND APPROVALS.

10.1 Licensee Obligation
Licensee shall obtain and maintain, at its own cost and expense, all necessary permits, including any building permits, approvals, and licenses required for its occupation of the License Area, establishing any structures, and the conduct of the permitted uses.

10.2 Receipt of Necessary Approvals
Receipt of all necessary approvals, permits, and licenses is a condition precedent for the exercise of this License. In the event that the required permits, licenses or approvals from any governmental entities having jurisdiction of the License Area or Licensee’s use of the License Area cannot be obtained, this License will have no force and effect. A list of required approvals and permits is hereto attached as Exhibit F.

11. COMPLIANCE WITH ALL LAWS AND CITY’S SIGN REGULATIONS Licensee shall, at its own cost and expense, comply with the requirements of any applicable law, statute, ordinance, rule, regulation or order of any regulatory agency with respect to its use and occupation of the License Area, including any County of Los Angeles Department of Public Health guidelines pertaining to COVID-19, and with each provision and requirement of any insurance policy to be maintained by Licensee pursuant to this License. Licensee shall not use nor permit the use of the License Area for any illegal purpose.

DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 177 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 10 Licensee acknowledges and understands that Licensee must provide the City with a signage plan as soon as practicable, but no later than 90 days prior to the event (or other mutually agreed upon date). The signage plan must include a description of signage, including size, material, text, approximate location, and method of installation. Signage will not be permitted if signage plan is not approved.

In addition to providing a signage plan for the City’s review and approval, Licensee represents and warrants that it will comply with the City’s signage regulations. Licensee acknowledges and understands that temporary non-permanent signs may be installed that identify or pertain to the Event within the License Area. Signs that identify or pertain to the Event may have the logo of a commercial sponsor or vendor, but the logo may not exceed 30% of the sign area. Signs must be internally oriented to the extent possible. The logo of a tobacco sponsor is prohibited.

12. INTENTIONALLY RESERVED.

13. FILM PERMITS
In the event that Licensee wishes to videotape and/or film on the License Area, Licensee shall comply with all applicable City regulations regarding film permits and Licensee shall pay any applicable film permit fees.

14. CITY’S ACCESS TO THE LICENSE AREA
City shall have the unrestricted right to enter the License Area during the License Term.

15. DEFAULT AND REMEDIES

15.1 Default by Licensee
Each of the following events shall be an Event of Default and breach of the License Agreement by Licensee:

A. Failure to pay License Fees;
B. Violation of any applicable law, regulation or ordinance which is not remedied immediately or no later than three (3) calendar days from notice of violation or in any other delay prescribed by the competent authority;
C. Utilizing the License Area in a manner not authorized pursuant to the License Agreement;
D. Attempting to assign this License in any manner;
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 178 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 11 E. Failure to comply with any other nonmonetary obligations and this default is not remedied within fifteen (15) calendar days after written notice is given by City specifying such default and action required to remedy such default; and/or F. Filing any petition for bankruptcy or making any assignment for the benefit of its creditors.

15.2 Remedies for Breach
In the event of any Event of Default and breach of the License, which Event of Default and breach is not remedied within fifteen (15) calendar days after written notice is given by the non-breaching party specifying such default and action required to remedy same (except where a shorter cure period is expressly provided above in Section 15.1.B or if such default or breach is material and cannot be cured) (“Cure Period”), the non-breaching party shall be entitled to terminate the License Agreement in its entirety, and to damages in accordance with applicable law. For the avoidance of doubt, if the City commits an uncured Event of Default, Licensee may seek damages in accordance with applicable law without exercising the right to terminate the License Agreement.

15.3 Remedies for Non-Performance
The remedies for nonperformance shall be as follows:

A. Nonperformance due to lack of regulatory approval by third parties. If the nonperformance is due to the failure to obtain necessary approvals, permits and licenses, City shall refund any License Fee paid by Licensee required by this License Agreement after uncured failure to obtain lack of regulatory approval, above.

B. Nonperformance due to Force Majeure. If the nonperformance is for reasons: (a) not existing prior to or as of the Execution Date of this License; (b) not reasonably foreseeable; and (c) beyond the reasonable control of Licensee or City, including act or regulation of any public authority, military authority, war conditions or emergencies, civil tumult, riot, strike, natural calamities, epidemic, pandemic, lockdown, earthquakes, floods, epidemic, delay, cessation or interference with transportation services, interruption or cessation by illness or accident to a substantial number of Licensee’s performers (“Force Majeure Occurrence”), it is understood and agreed that there shall be no claim for damages resulting from such inability to pay any License Fee due hereunder or to obtain permits, licenses or approvals or such condition rendering performances of the parties obligations impossible or unfeasible by any party to this License.

C. COVID-19. The spread of COVID-19 is and will be well known to the parties at the time that parties execute this License Agreement and therefore is not a “Force Majeure Occurrence” unless it renders performance impossible or unfeasible. By executing this License, Licensee understands and agrees that Section 15.3(B) shall not excuse Licensee from prompt payment of fees as specified in this License Agreement, or entitle Licensee to a refund of fees, including deposit and License Fee, paid to City under this License Agreement where cancellation of the Event results from an event or condition arising out of or resulting from exposure, DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 179 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 12 infection, and/or spread of COVID-19 and such event or condition does not involve an action or order of federal, state, or local authorities mandating the closure of the License Area, or portion of the License Area, or prohibit Licensee’s use of the License Area or portion of the License Area on the dates of the Occupation Periods. Nor does Section 15.3(B) excuse Licensee from prompt payment of fees as specified in this Licensee where an action or order of federal, state, or local authorities reduces the number of persons that can attend the Event, imposes restrictions related to participation in the Event, or imposes restrictions on the activities that can be conducted on the License Area to mitigate the spread of COVID-19. Should an action or order of a federal, state, or local authority mandate the closure of the License Area, or portion of the License Area, or prohibit Licensee’s use of the License Area, or portion of the License Area, on the Occupation Periods, Licensee shall notify the City in writing and cite to the government action or order that will not permit Licensee to use the License Area, or portion of the License Area, on the dates of the Occupancy Periods and may request reimbursement of the License Fee.

The City shall reimburse to Licensee the Licensee Fee within thirty (30) days of Licensee’s reimbursement request provided that the City verifies that the government action or order identified in Licensee’s reimbursement request meets the criteria specified herein to entitle Licensee to a reimbursement of the License Fee.

16. INDEMNIFICATION
Licensee shall indemnify, protect, hold harmless, and defend City, including, but not limited to, the City of Santa Monica, the City Council, the City’s boards and commissions, its officers, agents, employees, volunteers (collectively “the City Indemnitees”), from and against any and all demands, claims, actions, suits, judgments, damages, liability, cost and expense, including, but not limited to reasonable attorneys’ and other professional fees or the value of any legal services received (collectively, “Claims”), to the extent arising directly or indirectly from or in any way related to the following: (i) the possession, occupancy, use, or enjoyment of the License Area and adjacent parking lots, to the extent due to the negligence or intentional misconduct of Licensee or any officer, agent, contractor, employee, or invitee thereof (each, a “Licensee Party”), (ii) Licensee’s business, activities, operations, services or work conducted in, on or about the License Area, harbor area, parking lots or Pier area, to the extent due to the negligence or intentional misconduct of Licensee or another Licensee Party; (iii) any breach or default in the performance of any obligation on Licensee’s part to be performed under the terms of this License; (iv) any negligent or intentionally wrongful act or omission of Licensee or another Licensee Party; and (v) furnishing or supplying any work, services, materials, equipment or supplies on or about the License Area, to the extent due to the negligence or intentional misconduct of Licensee or another Licensee Party. Licensee’s obligation to indemnify, defend and hold harmless shall not apply to the extent the Claim arises from the negligence or willful misconduct of the City Indemnitees.

This provision shall survive the termination or expiration of this License Agreement.

DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 180 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 13 17. NO SUBLEASE OR ASSIGNMENT PERMITTED
This License is personal to Licensee and Licensee shall have no right to assign or transfer this License to any other third party without the express written approval of City, which approval is subject to City’s sole and absolute discretion.

18. ENVIRONMENTAL MATTERS
Licensee covenants and agrees that Licensee shall not, and shall require that its employees, agents, contractors and other third parties entering upon the License Area at the request or invitation of Licensee do not, bring onto, maintain upon, generate, use, store, dispose of or release or discharge in or about the License Area or any adjacent area, any hazardous or toxic substances or hazardous waste (collectively, “hazardous materials”) and shall comply with Environmental Law(s) as defined herein in connection with the use of the License Area.

Licensee agrees to bear all responsibility and liability for such hazardous materials.

The term “Environmental Law(s)” refers, without limitation, to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C.

Sections 9601-9675), the Resource Conservation and Recovery Act, as amended (42 U.S.C.

Section s 6901-6992k), the Hazardous Materials Transportation Act, as amended (49 U.S.C.

Section 1801 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. Sections 1251-1307), the Clean Air Act, as amended, (15 U.S.C. Sections 2601-2692), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) (15 U.S.C. Sections 2681-2692 and also 42 U.S.C. Sections 48991-4856), the Lead Based Pain Poisoning Prevention Act (42 U.S.C.

Sections 4821-4846), the Indoor Radon Abatement Act (15 U.S.C. Sections 2661-2671), and the Safe Drinking Water Act Amendments of 1996, Pub. L. No. 104-182, 110 Stat.1613 (1996), and all similar federal, state or local laws, statutes, regulations and ordinances.

If Licensee breaches any of the obligations stated in this Section 18, Licensee shall be obligated, at Licensee’s sole cost, to clean-up and remove all hazardous materials or contaminants introduced by Licensee or any person or entity for whom Licensee is responsible, and to indemnify the City pursuant to this License Agreement. Such clean-up and removal shall include all testing and investigation required by any governmental authorities having jurisdiction, and preparation and implementation of any remedial action plan required by any governmental authorities having jurisdiction. All such clean-up and removal activities of Licensee shall, in each instance, be conducted to the satisfaction of City and all governmental authorities having jurisdiction. City shall have the right to enter and inspect the License Area for violations of Licensee’s covenants herein.

19. APPROVAL AND NOTICES
Unless otherwise set forth herein, any approval, disapproval, demand, document or other notice or communication permitted or required to be given hereunder shall be in writing, and shall be served personally or by U.S. mail (return receipt requested, postage prepaid), or by email. Notices shall be deemed given only upon receipt by the party to whom directed and shall be delivered to the parties at the addresses set forth below.

DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 181 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 14 To City: City of Santa Monica
1685 Main Street, Room 212
Santa Monica, California 90401
Attention: Christopher Smith
Telephone Number: (866) 311-7266
Email: [email protected]
With a copy to: Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: Deputy City Attorney, Ben Delfin
Telephone Number: (310) 458-8336
Fax Number: (310) 395-6727
Email: [email protected]
To Licensee: Brian Bostwick
Director, ALC Production and Special Events
AIDS/LifeCycle
1125 N McCadden Place, Los Angeles CA 90038
Email: [email protected]
and
Peter Parisot
Vice President, Compliance and Legal Counsel
San Francisco AIDS Foundation
1035 Market St. Suite 400
San Francisco, CA 94103
Email: [email protected]
Notice of change of address shall be given by written notice in the manner detailed in this Section.

20. MISCELLANEOUS PROVISIONS

20.1 Venue
Any dispute arising from this License Agreement shall be settled by arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, CA. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The arbitration shall be conducted by one (1) arbitrator in accordance with the JAMS Rules, which DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 182 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 15 arbitrator shall be selected in accordance with the JAMS Rules. The arbitrator will have no authority to award damages excluded by this Agreement, except as may be required by statute.

The award of the arbitrator shall be accompanied by a reasoned opinion. Either party also may, without waiving any remedy under this Agreement, seek from any court of competent jurisdiction located in Los Angeles Superior Court, West District, or the United States District Court for the Central District of California any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal.

20.2 Independent Relationship of the Parties
The Parties shall remain at all times as to each other, wholly independent entities. No Party shall have the authority to incur any debt, obligation, or liability on behalf of another Party unless expressly provided by written agreement of the Parties. No employee, agent, or officer of a Party shall be deemed for any purpose whatsoever to be an agent, employee or officer of another Party.

20.3 Governing Law
The interpretation, validity, and enforcement of this License Agreement shall be governed by and interpreted in accordance with the laws of the State of California.

20.4 Captions
Titles and captions are inserted for convenience only and shall not define, limit or construe in any way the scope or intent of the License.

20.5 No Waiver
A waiver by either party of a breach of any of the covenants, conditions or agreements under this License Agreement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreement, restrictions or conditions of this License. Nothing herein shall be interpreted as waiving or ceding the police power or governing authority of the City.

20.6 Severability
If any term, provision, condition, or covenant of this License Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this License, or the application of the term, provision, condition, or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

20.7 Entire Agreement
This License Agreement contains the entire understanding between the parties relating to the transaction contemplated by this License Agreement. All prior or contemporaneous agreements, understandings, representations and statements, whether direct or indirect, oral or DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 183 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 16 written, are merged into and superseded by this License Agreement, and shall be of no further force or effect. This License Agreement shall not be modified except by written instrument executed by the Parties at the time of modification and approved as to form by the City Attorney.

20.8 Jointly Drafted
Each Party acknowledges that it was represented by its legal counsel during the negotiation and execution of this License Agreement, and that it has had a full and fair opportunity to review and revise the terms of this License Agreement. Each Party further agrees that this License Agreement has been jointly drafted, and that no term contained herein shall be construed against or in favor of another Party.

20.9 Counterparts
This License Agreement 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 License Agreement. Any signature to this License Agreement may be transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).

20.10 Attorneys’ and Other Fees
Should either party institute any action or proceeding to enforce or interpret this License Agreement or any provision hereof, to prevent the breach or continued breach hereof, for damages by reason of any alleged breach of this License Agreement or of any provision hereof, or for a declaration of rights hereunder, the prevailing party in any such action or proceeding shall be entitled to receive from the other party all reasonable costs and expenses, including actual, reasonable attorneys’ and other fees, incurred by the prevailing party in connection with such action or proceeding. The term “attorneys’ and other fees” shall mean and include attorneys’ fees, accountants’ fees, expert witness fees, and any and all other similar fees incurred in connection with the action or proceeding and perorations therefor. The term “action or proceeding” shall mean and include actions, suits, arbitrations, appeals and other similar proceedings.

20.11 No Third Party Beneficiaries
This License Agreement is not intended, and will not be construed, to confer a benefit or create any right on a third party or the power or right to bring an action to enforce any of its terms.

20.12 Exhibits
The following exhibits are incorporated herein as a term of this License Agreement.

Exhibit A License Area
Exhibit B Schedule and Program – Permitted Uses
Exhibit C List of Sponsors
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 184 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 17 Exhibit D Estimate of Fees, Charges, and Other Costs Exhibit E Insurance Requirements and Verifications
Exhibit F List of Approvals and Permits
Exhibit G List of Authorized Representatives
IN WITNESS WHEREOF, this License Agreement has been duly executed as of the day and year first above written.

LICENSOR:

CITY OF SANTA MONICA
ATTEST: a municipal corporation
______________________________ By: _____________________________

DENISE ANDERSON-WARREN
City Clerk City Manager
APPROVED AS TO FORM:
______________________________
City Attorney
LICENSEE:

SAN FRANCISCO AIDS FOUNDATION
By: _______________________________
Peter Parisot

VICE-PRESIDENT,

COMPLIANCE AND LEGAL COUNSEL
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

DAVID WHITE

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Packet Pg. 185 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 18 EXHIBIT A

LICENSE AREA
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 186 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 19 DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 187 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 20 DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 188 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 21 EXHIBIT B
2023 AIDS/LIFECYCLE RIDE

EVENT AND PRODUCTION TIMELINE
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 189 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 22 EXHIBIT C

LIST OF SPONSORS
2023 AIDS/LIFECYCLE RIDE
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 190 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 23 EXHIBIT D
ESTIMATE OF OTHER COSTS*
.

BUILDING AND SAFETY:

Single Trade Permit may be required (includes inspection during regular hours 8am – 4pm. After-hours inspection will be charged an additional fee.). For more information visit:
https://finance.smgov.net/Media/Default/fees/Planning%20and%20Community%20Deve lopment.pdf
 BUSINESS LICENSE:

Supply and Service providers (e.g., caterer, valet, rental, etc.) are required to obtain a Santa Monica business license. Retail vendors and exhibitors at permitted events are exempt from having to obtain a Santa Monica business license.

For information related to the business license process, please contact the Business License office at 310-458-8745 or visit www.smgov.net/businesslicense  FACILITIES MANAGEMENT:

Carpenter, Electrician, HVAC Technician, Painter, Plumber, and Facilities Supervisor shall be $70/hour for regular time and $100/hour for after-hours work (3 hour minimum)
 FIRE:

Administrative costs for Fire personnel is actual costs per hour.

Tent/Canopy Permit - $228.98 to $332.55 depending on size of tent/canopy.

Over 5,000 sq. ft. - 0.0872 per sq. ft.

Candles/Open Flame Permit - $65.54
LPG/Propane Permit - $358.85
For more information visit: https://finance.smgov.net/Media/Default/fees/Fire.pdf  NEIGHBOR NOTIFICATION FEE:

The Community Events Office will mail out notices to residents and businesses within 500 feet of a Category 1 event if there will be 1) amplified sound (other than brief, intermittent announcements) or live music outdoors or in a tent and/or 2) if the event requires a street closure(s).

Events at fixed venues - $198.48
Events extending beyond a fixed venue (e.g., races) - .68 per piece  PLANNING AND ZONING:

Temporary Use Permit (TUP) - $991.28; $425.05 for a re-occurring event.

TUP may be required for events on private space. For more information visit:

DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 191 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 24 https://finance.smgov.net/Media/Default/fees/Community%20Development.pdf  POLICE:

The number of police officers required for security, crowd control, traffic management, etc., to be determined by the Police Operations Division.

Police billable services are actual costs per hour.

Police vehicle (car) - $94.43per day
Motorcycle - $62.95 per day
Police Horse - $31.47 per day
Rescue boat - $251.83for 4-hr minimum; $31.45 for each additional hour For more information visit: https://finance.smgov.net/Media/Default/fees/Police.pdf  RESOURCE RECOVERY AND RECYCLING:

Recycling bins, carts and dumping services are available for rent. Trash and food bins, carts and servicing are also available for rent.

Refundable Integrated Waste Management fee of $0 to $1500 (depending on number of attendees and type of waste). Request for refund must be made in writing.

For more information on container sizes and pricing visit:
https://finance.smgov.net/Media/Default/fees/Public%20Works.pdf  TRANSPORTATION ENGINEERING GROUP:

Metered Parking Space Reservation – posted rate of the meter Temporary “No Parking” signs - $6.00 each
Event organizer is responsible for 1) submitting a list with the meter number for each parking space requested, 2) placing the “No Parking” signs on each meter 24 hours in advance of the event, and 3) removing the signs promptly after the event. There is a $207.95 charge per sign that is not removed.

More information on how to obtain Temporary No Parking signs is located here:
http://www.smgov.net/Departments/PCD/Permits/Temporary-No-Parking-Signs/ Guidelines for the posting of Temporary No Parking signs can be found here:
https://www.smgov.net/uploadedFiles/Departments/PCD/ApplicationsForms/TNP_Posting_Guidelines.pdf In addition to Temporary No Parking signs, an Oversize Load Permit may be required for large vehicles.

Temporary No Parking Sign Issuance - $74.75
One-Day Valet Permit - $768.29
Traffic Control Plan Review – Base Fee
First two reviews, per page $320.11
Third and subsequent reviews, per page $338.63
https://finance.smgov.net/Media/Default/fees/Department%20of%20Transportation.pdf DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 192 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 25 Bike Racks - $343.03
Block Parties - $65.65
Permit – Auto Park - $289.33
Event Permit: Parking Specialist - $289.48
Event Permit: Parking Administrator - $275.31
Event Permit: Traffic Engineer - $342.84
[due to budget cuts bike valet services are no longer offered]For more information visit:
https://finance.smgov.net/Media/Default/fees/Department%20of%20Transportation.pdf *Fees subject to change. Contact individual departments for updated fee schedules.

DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 193 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 26 EXHIBIT E

INSURANCE REQUIREMENTS AND VERIFICATIONS
Licensee shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Licensee, its agents, representatives, employees or sublicensees.

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, personal and advertising injury, with limits of no less than $1,000,000 per occurrence. Said policy shall be endorsed to provide for liquor liability, if liquor is provided and sold.

If the Licensee 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 the Licensee. 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 Licensee 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 Licensee’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 Licensee’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 Licensee’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: Licensee hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Licensee may acquire against the City of Santa Monica by virtue of payment of any loss. Licensee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

5.F.c
Packet Pg. 194 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 27 applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Licensee 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
Licensee 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 Licensee’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 Licensee, 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 Licensee resulting from said breach.

DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 195 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 28 EXHIBIT F

LIST OF APPROVALS AND PERMITS
Licensee will need to obtain the following approvals and permits to use the License Area as contemplated in the License Agreement:
 Contact the Santa Monica Business License Office [email protected] (310-458-8745) to arrange for submittal of a list of expected supply/service providers (promoter, caterer, rental companies, valet, security etc.) with a copy to this office. Be sure to mention that you are associated with a special event. Each of your supply/service providers must obtain a Santa Monica business license. Individual retail vendors at permitted events are exempt from having to obtain a Santa Monica business license.

PARKING OFFICE
 Contact Robin “Tanza” Greenwood, Parking Operations
[email protected] to make arrangements to have event area cordoned off in advance of event. The City does not provide for free or reduced rate parking. All standard rates apply.
 Overnight security required.
 Bike path must not be obstructed at any time.
 Obtain the following from the Parking Office: 1) a list of approved vendors for parking lot repairs; and 2) the standard requirements for restoration of the parking lot. Note:

Transportation Management must approve all completed repairs before clean-up/damage deposit can be refunded.

FIRE DEPARTMENT
 Contact Santa Monica Fire Prevention at [email protected] or (310-458- 8915), to: 1) submit a detailed site plan including the exit plans for set up in the parking lot for final capacity approval, and showing location/sizes of all fixtures and temporary structures. Site plan must include a security plan as well. All fixtures and temporary structures must be set up to allow ample pedestrian and a 20-foot emergency vehicle clearance at all times; 2) determine if there is a need to hire a fire safety officer; 3) apply for a tent/canopy permit; and 4) have cooking/open flame plans approved.  The Office of the Fire Marshall has final determination of occupant load approval for your event based not only on layout, but also based on event type and activities. Any event may be closed or shutdown to additional occupants if conditions exist that do not allow for safety of the occupants due to overcrowding or other similar factors that would elicit unsafe conditions for public safety and the occupants within.

DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

5.F.c
Packet Pg. 196 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 29 POLICE DEPARTMENT
 Contact Sgt. Derek Leone , Police Department [email protected] (310-458- 8478), to: 1) have security/crowd control plans approved; and 2) if required, make arrangements to hire Santa Monica police officers. If required to hire officers, you will be provided with an “estimate of cost” form that will need to be returned to Police Department within 10 days of receipt. Failure to do so may delay or forfeit your Event Permit.

BUILDING & SAFETY –COMMUNITY DEVELOPMENT DEPARTMENT
 Contact Building and Safety via City’s 311 system or schedule a public counter appointment to visit a plan check engineer at https://checkin.smgov.net  All permit applications are only accepted online via City’s Electronic Plan Review system. o If your project is eligible for counter review and approval there are two options to submit.
 Submit for Virtual Same-Day Review process. Please visit following URL for more information and to find a link to schedule an appointment with our plan review staff; or
 Schedule an appointment to come into public counter to obtain reviews and approval at https://checkin.smgov.net/
o If your project is not eligible for counter approval and requires plan review then you must submit your project to the City's Electronic Plan Review system at:
https://www.smgov.net/Departments/PCD/Permits/Plan-Review/Electronic-Plan-Review/

DEPARTMENT OF TRANSPORTATION
q Arrange for parking meter reservations at the Station E Counter in City Hall (310-458- 8291).
q If your project requires vehicular or bike lane closures on one of the City’s “Streets of Significance”, a Temporary Traffic Control Plan (TTCP) will be required. The City’s “Streets of Significance” list, as well as TTCP preparation and submittal requirements, are available on the City’s website here. TTCPs must be submitted for review using the City’s Electronic Plan Review (EPR) system (details and submittal instructions are at the link provided). Note that it can take several months to obtain approval of a TTCP, so you are encouraged to start this process early. If you have questions on whether your project will require a TTCP or on the submittal requirements, email [email protected]. q Obtain a One-Day Temporary On-Street Valet Permit for your event. The application form is available on the City’s website here. Submit the completed application to [email protected] for processing. Valet Company must provide proof of garagekeeper’s legal liability insurance in the amount of $1,000,000 per occurrence. See insurance paragraph at the end of this letter for specific requirements; and 2) have parking/traffic circulation plan approved.

DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 197 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 30 RESOURCE, RECOVERY & RECYCLING
 Contact Resource Recovery and Recycling by email at:
[email protected] to: 1) have clean-up/recycling plans approved; and 2) if needed, make arrangements to use the City’s available services.

COMPLIANCE WITH SIGNAGE ORDINANCE –Temporary non-permanent signs may be installed that identify or pertain to the Event within the License Area. Signs that identify or pertain to the Event may have the logo of a commercial sponsor or vendor, but the logo may not exceed 30% of the sign area. Signs must be internally oriented to the extent possible. The logo of a tobacco sponsor is prohibited.
 Submit a detailed signage plan as soon as possible. Plan must include a description of the sign including size, material, text, exact location, and method of installation. Signage will not be permitted if signage plan is not approved.

PUBLIC FACILITIES SERVICES
 Contact Shidan Adlparvar (310 434-2603) or Tad Banach (310 458-2181) to make arrangements to use the electrical service in the 1550 lot. Parking lot lights service is under the City’s Streets Division. Contact Sylvester Mabry (310 458-85025) or Allen Issagholian (310 458-8502) to make arrangements regarding use of the parking lot lights in the 1550 lot.

FILM PERMIT
 The City of Santa Monica contracts with the FilmLA to coordinate film permits. All filming inquiries and film permit applications should be submitted to FilmLA through their Online Permit System at filmla.com at least 5 business days before the first day of filming. To start your process, please contact FilmLA's Production Planning Department at 213-977-8600.

LOS ANGELES COUNTY
 Contact Los Angeles County Lifeguards [email protected] (310-394-3261) for your event.

FOOD AND BEVERAGE
 If you plan to sell or serve food to the public, the Los Angeles County Health Department requires that you obtain a Health Permit. Please contact Victor Abdelmalak at the Health Department West Office [email protected] (310-410-3400) for more information. Please note that our office routinely notifies the Health Department of applications for events that involve selling or serving food to the public.  Submit a copy of your State of California Alcoholic Beverage Control Permit.  Alcohol must be served and consumed within a defined, enclosed area with security at all entries. All alcohol sponsorship signage must be displayed inside the defined, enclosed area DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 198 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 31 only. Comply with all sections of the City’s “Guidelines for Sale and/or Consumption of Alcohol at Community Events

STATE OF CALIFORNIA COASTAL COMMISSION
Contact the Coastal Commission to confirm if a Coastal Development Permit is required.

Contact: Amber Dobson: [email protected]

AMPLIFIED SOUND
 Amplified sound is permitted from 9 am to 7:00 pm the days of the event. All speakers must be directed away from residences. On the Pier Deck Portion all speakers must face the west end of the Pier. On the Beach Site License Area all speakers must face to the west (toward the Pacific Ocean). Sound check and/or rehearsal time is permitted as follows:

Monday – Friday : 7 am to 10 pm; Saturday and Saturday, 8 am to 10 pm. Continuation of amplified sound beyond this time may result in the event being closed.

BEACH PARKING LOT EVENT SITE RULES:
 If City property is destroyed or damaged by reason of permittee’s use, event, or activity and the damage or destruction is directly attributable to the permitee, the permittee will reimburse the City for the actual replacement or repair cost of the destroyed or damaged property.
 Overnight security required.
 Contact the Underground Service Alert (800-422-4133) no more than 14 calendar days before to installing tent to have the utility and electrical lines flagged in the parking lot.  Hydrant Meter Connection - A fire hydrant meter is primarily used to fill an approved water truck for temporary use. To obtain a hydrant meter connection you must fill out an application and pay a fee of $264.99. A completed application must be turned in at the Business and Revenue Operations Office located at 1685 Main Street CHE, Santa Monica, CA 90401.
 Bike path must not be obstructed or obscured in any way  All generator cabling must be flown over the bike path at a minimum of 8 feet in height and be the width of the bike path.
 Entire perimeter of event area must be barricaded with, at a minimum, bicycle racks and cones, K-rails or chain link fence. Site plan submitted to Fire and Police must show barricades along with a description of the type of barricade to be used. Barricades must allow the proper ingress/egress as required by the Fire Department.  Reserved event area must include space for attendees to assemble in while waiting to enter the event. Attendees cannot assemble or line up outside of the reserved area.

Waiting area must also be barricaded to ensure that attendees stay out of the general parking and traffic area.
 All exits and aisles must be kept clear and visible. Entrances and exits must be clearly marked.
 Smoking is prohibited.

DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

5.F.c
Packet Pg. 199 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 32  Propane cooking is not permitted in tents/canopies.  All propane tanks should be, properly secured and at least 10 feet from booths and cooking area.
 Fire extinguishers are required near generators and any open flame cooking.  The use of non-recyclable plastic food and polystyrene/Styrofoam containers is prohibited.

This includes no. 6 in the recycling logo. For more information visit www.smepd.org/container.
 Event area must be cleaned and all litter removed immediately following the close of event.
 Provide adequate restroom facilities as required by the Los Angeles County Health Department (one for every 250 men; two for every 175 women). At least 10% of restrooms must be accessible to disabled persons.

DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 200 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event) 33 EXHIBIT G

LIST OF AUTHORIZED REPRESENTATIVES
Licensee’s Authorized Representatives
Brian Bostwick - Dir. Production & Special Events
[c] 626-497-3978
[o] 323-860-7327
[e] [email protected]
Tracy Evans - Ride Director
[o] 415-581-6894
[e] [email protected]
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655

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Packet Pg. 201 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5946 : License Agreement for AIDS/LifeCycle event)

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Packet Pg. 202 Attachment: AIDS LifeCycle Ride Oaks 2024 (5946 : License Agreement for AIDS/LifeCycle event)

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Packet Pg. 203 Attachment: AIDS LifeCycle Ride Oaks 2024 (5946 : License Agreement for AIDS/LifeCycle event) Rahul Awasthy Sandeep Bhadra
General Partner
Vertex Ventures US
Emanuel Campos
Fair & Responsible Banking
First Republic Bank
Frank Duff, MD
Sr. VP, Virology Clinical Development
Gilead Sciences
Colin Frankland
Global Account Manager
LinkedIn
Ferd Garcia
Financial Advisor
Woodbury Financial
Philip Hodges
Managing Director
BlackRock
Kenneth Katz, MD
Dermatologist
Kaiser Permanente
Roscoe Mapps
Vice President, External Affairs
San Francisco Giants MLB
Jonathan Millard
Senior Vice President & Market
Leader, Bank of America
Megan Minkiewicz
Dir. Of Global Partner Programs
Pure Storage
Joshua Morgan III
Exec. Director & Client Advisor
J.P. Morgan
Mur� Nemat Ali
Sr. Director, Product Design
Walmart
Manny Nungaray
Chief Development Officer
YMCA of the East Bay
Katrina Reid
Head of Program Management
Atlassian
David Reyes
Product Growth Lead
Adobe
Fredo Silva
Partner
Morrison & Foerster LLP
Hoa Su, MPH
Manager, Na�onal Clinician
Consulta�on Center
UCSF
La Shon Walker
VP of Community Rela�ons
FivePoint Communi�es
San Francisco AIDS Founda�on
Board of Directors June 2023

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Packet Pg. 204 Attachment: AIDS LifeCycle Ride Oaks 2024 (5946 : License Agreement for AIDS/LifeCycle event) City Council
Report
City Council Meeting: August 22, 2023
Agenda Item: 5.G
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Award Bid to Fleming Environmental Inc. for Testing, Maintenance, and Repair of the City’s Underground and Above-ground Fuel Storage Tanks Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 and Section 15308 of the California Environmental Quality Act (CEQA) guidelines.

2. Award Bid #4449 to Fleming Environmental Inc. for testing, maintenance, and repair of the City’s underground and above-ground fuel storage tanks for the Public Works Department.

3. Authorize the City Manager to negotiate and execute an agreement with Fleming Environmental Inc. in an amount not to exceed $100,000 for one year, with four additional one-year renewal options at 3% increases per year for a total amount not to exceed $531,000 over a five-year period, with future year funding contingent on Council budget approval.

Summary
The City of Santa Monica owns eight underground storage tanks (UST) and one aboveground storage tank containing diesel and unleaded fuel. These tanks provide fuel service for City fleet vehicles and support emergency generators at various City facilities. Each storage tank is tested once every three years to assess proper functionality and to comply with local, state, and federal guidelines. In addition, routine service and maintenance is required for each storage tank to ensure it is working properly. Staff recommends Fleming Environmental Inc. to provide testing, maintenance, and repair of the underground and above-ground fuel storage tanks in an amount not to exceed $531,000 over a five-year period.

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Discussion
The City’s eight underground and one above ground fuel storage tanks are located at various City facilities including at four fire stations, the Public Safety Facility, and the Santa Monica Airport. The airport underground tank stations are independently managed by Aeroplex. In accordance with local, state, and federal requirements, USTs and components must be regularly inspected, maintained, and tested. Fleming Environmental Inc. will perform both Designated Operator Services (which include monthly inspections, staff training, and alarm documentation) and Secondary Containment Testing every three years to determine that no leaks occur from primary containment. To ensure the safety of the USTs and regulatory compliance, the Public Works Department manages the City’s UST services while the Fire Department oversees enforcement of UST regulations. The Public Works Department uses an outside contractor with expertise in maintaining and testing USTs to support the City’s UST services.

Best and Only Bidder Fleming Environmental Inc.

Submittals Received Selection Criteria
Bidder $33,450 Municipal Code SMMC 2.24.180
Evaluation Criteria Price; the ability, capacity and skill of the bidder to perform or provide the services.

Bid Data
Date Posted Posted On
Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
03/09/2023 City's Online
Bidding Site Santa Monica Daily Press 13 04/14/2023
Additional Vendor Outreach & Justification to Award
Procurement conducted additional outreach to vendors who downloaded the bid to see why they did not submit a bid; No responses were received. Fisher Science Education submitted a no-bid response but did not respond to our inquiry. Fleming Environmental Inc. has provided these services in a good manner for the City for over ten years. Based on these criteria, Fleming Environmental Inc. is recommended as the best bidder.

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Environmental Review
The routine testing and maintenance of the City’s USTs are categorically exempt pursuant to Section 15301 (Class 1 Existing Facilities) and Section 15308 (Class 8 Actions for Protection of the Environment) of the CEQA Guidelines. Section 15301 of provides exemption for the operation, repair, maintenance, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Section 15308 exempts actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Any repair or maintenance activities completed under this contract is to maintain and/or repair existing facilities and equipment to meet current standards of public health and safety and ensure protection of the environment.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund and the Big Blue Bus Fund to award a contract with Fleming Environmental Inc. for testing, maintenance, and repair of the City’s underground and above ground fuel storage tanks for the Public Works Department.

Agreement Request
FY 2023-24
Request Amount Account # Future Years Amount
Total Contract
Amount
$50,000.00 01190001.550010 $215,500.00 $265,500.00
$35,000.00 60600011.550016 $150,850.00 $185,850.00
$15,000.00 01500020.529145 $64,650.00 $79,650.00
$100,000.00 Total $431,000.00 $531,000.00
Future year funding is contingent on Council budget approval.

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Prepared By: Thomas Poon, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. Oaks Initiative Form - Fleming Environmental Inc.

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CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #
Terry L. Fleming, Jr. President
07/01/2023
[email protected] (714)871-2800
Fleming Environmental Inc
Terry L. Fleming, Jr.

Terry L. Fleming, Jr.

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Packet Pg. 209 Attachment: Oaks Initiative Form - Fleming Environmental Inc. (5950 : Underground & Above-ground Fuel Storage Tank Service) City Council
Report
City Council Meeting: August 22, 2023
Agenda Item: 5.H
1 of 6
To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Approval of First Modification of Agreement # 10796 with Axon Enterprises, Inc. for In-Car Camera Systems, Body Worn Cameras, and Cloud-Based Memory Storage for the Police Department
Recommended Action
Staff recommends that the City Council:

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

3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.

Summary
In 2016, the Santa Monica Police Department (SMPD) explored the use of Body Worn Camera (BWC) technology via a six-month pilot program. The program sought input from the end user officers, department administration, and the community. The program identified diverse benefits of such a technology.

In 2017, following the completion of the pilot program, SMPD invested in a departmentwide integrated system of in-car cameras and body worn cameras. SMPD previously

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utilized in-car cameras to record video evidence of law enforcement activity beginning in 2006. The acquisition of body-worn cameras in 2017 enhanced the ability to record events outside the reach of the in-car camera systems. The video captured by these systems was highly effective in providing evidence for traffic violations and enforcement, criminal investigations, and in-progress actions. In addition, the video recorded by BWCs has played a critical role in the internal administrative investigations of alleged misconduct and/or policy violations.

The initial vendor selected by SMPD provided a system plagued with faulty equipment and repeated technical failures. Ultimately, Staff recommended the city accept a vendor refund of approximately 85% of the original purchase price for the previous system and simultaneously move forward with replacing the entire system. In 2018, SMPD partnered with AXON Enterprises to provide a fully integrated video system. This system was comprised of 65 in-car cameras and 325 BWCs. The corresponding five years of the contract proved to be a successful collaboration in which AXON provided dependable, durable, and innovative products.

Discussion
In the preceding seven years since SMPD first piloted BWCs, the calls for widespread adoption of the technology grew within the law enforcement community. Presently, almost half of law enforcement agencies in the United States use BWCs, and seven states mandate their use. Even federal law enforcement agencies and departments of correction have begun using BWCs. The community and law enforcement agencies have come to rely on BWCs to document evidence, strengthen police transparency and accountability, prevent, and resolve community complaints, train officers, and improve community and officer interactions.

The AXON technology ecosystem is interwoven in the day-to-day operations of SMPD.

As a result, it would be cost prohibitive to end this symbiotic relationship. The SMPD currently uses and seeks to continue to use the following products offered by AXON:

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AXON Body 3
The department currently equips over 325 employees, including sworn and professional staff, with the Axon Body 3. The AXON Body 3 is a camera system incorporating audio and video recording. This version of the BWC has proven to be durable and dependable in the rigorous environmental conditions of daily patrol. The extension of the contract with Axon will lead to the eventual transition to the AXON Body 4. AXON Body 4 is the next generation of BWC providing a wider field of view, improved battery efficiency, remote video uploading, and GPS tracking.

FLEET 3
65 vehicles within the department fleet are currently equipped with the previous model in-car camera, Fleet 2. The Fleet 2 cameras, at almost five years old, are nearing their end-of-life cycle. Upon extension of the AXON contract, the 65 in-car cameras would be replaced with the new Fleet 3 model. The Fleet 3 will be the latest most advanced in car camera offered by AXON. It is a dual view camera that records a panoramic view and integrates a 4K ALPR camera making every car ALPR capable. The interior camera of the Fleet 3 offers increased visibility of occupants and night view ability. It will also support 5G technology as it becomes more widespread in the future.

EVIDENCE.COM
BWCs and other video recording systems present significant data management challenges for the department. Storage and management costs can become extreme over time. AXON was able to solve that problem for the department by offering Evidence.com. Evidence.Com provides the department with unlimited data storage in one secure system allowing for an effortless way to connect and manage the evergrowing data captured by the various systems employed by the department. This data includes video, audio, photographs, and other documents uploaded into the system.

Evidence.Com functionality allows for smooth playback, intuitive searches, robust access control and documented chain of custody. Evidence.com allows the department to grant access to external partners or share content with a secure link. Community members and business owners can submit video evidence of crimes captured by cellular phones or surveillance systems directly to Evidence.com. The data can be

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shared with justice system collaborators such as prosecutors and public defenders.

This sharing ability is secure and eliminates the need and expense of external hard drives to transfer the evidence.

PERFORMANCE
Axon Performance is a support software providing the department with auditing and reviewing capabilities. The software allows a supervisor near-immediate access to key body-worn camera and Fleet dash camera metrics. Supervisors are able to streamline the review process of BWC footage through randomized video audits. The department in turn can leverage this data to identify opportunities for development, better define policies and ensure personnel meet usage guidelines.

In this modification, SMPD seeks to add the additional camera system, AXON INTERVIEW to renovate and improve the department’s interview rooms within the Public Safety Facility (PSF). The current interview rooms were first equipped during the original construction of the PSF. Officers and Detectives relied on these rooms to conduct and record vital interviews with victims, witnesses, and suspects. The camera technology in these rooms has long become obsolete and ceased to function.

Detectives and Officers have come to rely on audio recordings and/or BWC to capture these necessary evidentiary interviews. Relying on BWC for detailed and lengthy interviews comes with numerous limitations. The BWC offers a limited field of view of subjects’ reactions and mannerisms. It also offers a restricted perspective of the interview environment and interaction with the officer or detective.

With the extension of the AXON contract, four interview rooms would be equipped with the state of the art, AXON Interview system. This would include camera hardware, ethernet switches, microphones, capture servers, and touch panel devices. The interview rooms would also be integrated into AXON Evidence.com. AXON Interview would provide complete, clear recordings that would be securely stored in the cloudbased system maintained by AXON.

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AXON Enterprise offers a product bundle that is both unparalleled and flexible. As a result, the department has access to an extensive combination of camera systems and applications that can be modified and adapted to meet its ever-evolving needs. The department does not currently possess a technology infrastructure or the software capability that can replace all of functionality provided by AXON Enterprises. The department has yet to find a comparable technology solution that matches AXON Enterprises.

Environmental Review
The award agreement is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The award agreement is covered by the commonsense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The agreement will provide the City with bodyworn cameras, in car cameras, and cloud storage. Therefore, it can be seen with certainty that the proposed agreement would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA.

Past Council Actions
Meeting Date Description
12/18/18 (attachment
A)
Council authorized an agreement for the purchase of body worn camera system, in-car camera systems, and cloudbased storage.

Financial Impacts and Budget Actions
Staff recommends the following budget changes to transfer budget between ISD to the Police Department for the digital storage costs:

FY 2023-24 Budget Changes
Department Account Numbers Amount
ISD 01140001.529230 ($76,500)
SMPD 01180005.529230 $76,500
Total $0
Staff seeks authority to approve available funding from the General Fund in the Police Department to increase the amount of agreement with AXON Enterprises for the

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purchase of body worn, in-car and interview room cameras, including manufacturers and extended warranty; associated software and software license; and other equipment and accessories. Future year funding is contingent on Council Budget approval.

Agreement Modification Request
Agreement
#
Current
Authorized
Amount
Modified
Request Amount
Future Years
Amount Dept Account #
Total Revised
Contract Amount
10796 $1,669,265 $659,619 $2,495,741 01180005.529230 $4,824,625 $375,000 $0 $0 01140001.529230 $375,000
Total $2,044,265 $659,619 $2,495,741 TOTAL $5,199,625
Prepared By: William Heric, Captain
Approved Forwarded to Council
Attachments:

A. December 18, 2018 - Staff Report (Web Link)
B. Original Contract - Part I
C. Original Contract - Part II
D. Axon Oaks Form 2023

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Attachment: Original Contract - Part I (5951 : 1st Mod for Body Worn Camera)

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Attachment: Original Contract - Part I (5951 : 1st Mod for Body Worn Camera)

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Attachment: Original Contract - Part I (5951 : 1st Mod for Body Worn Camera)

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Attachment: Original Contract - Part I (5951 : 1st Mod for Body Worn Camera)

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Attachment: Original Contract - Part I (5951 : 1st Mod for Body Worn Camera)

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Attachment: Original Contract - Part I (5951 : 1st Mod for Body Worn Camera)

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Attachment: Original Contract - Part I (5951 : 1st Mod for Body Worn Camera)

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Attachment: Original Contract - Part I (5951 : 1st Mod for Body Worn Camera)

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Attachment: Original Contract - Part I (5951 : 1st Mod for Body Worn Camera)

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Attachment: Original Contract - Part I (5951 : 1st Mod for Body Worn Camera)

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Attachment: Original Contract - Part I (5951 : 1st Mod for Body Worn Camera)

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Attachment: Original Contract - Part I (5951 : 1st Mod for Body Worn Camera)

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Attachment: Original Contract - Part I (5951 : 1st Mod for Body Worn Camera)

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Attachment: Original Contract - Part I (5951 : 1st Mod for Body Worn Camera)

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Attachment: Original Contract - Part I (5951 : 1st Mod for Body Worn Camera)

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CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

DocuSign Envelope ID: 07DA6846-64E2-4FF9-969A-9D7A5E50DDA7

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Packet Pg. 291 Attachment: Axon Oaks Form 2023 (5951 : 1st Mod for Body Worn Camera)

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________ Robert E. Driscoll, Jr. VP, Associate General Counsel [email protected] 800-978-2737 Axon Enterprise, Inc. See attached. n/a
DocuSign Envelope ID: 07DA6846-64E2-4FF9-969A-9D7A5E50DDA7 5/26/2023 | 11:41 AM MST

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Packet Pg. 292 Attachment: Axon Oaks Form 2023 (5951 : 1st Mod for Body Worn Camera) Name(s) of trustees, directors, partners, and officers:

Officers Are:

Patrick Smith, Chief Executive Officer
Isaiah Fields, Chief Legal Officer
Brittany Bagley, Chief Financial Officer
Joshua Isner, Chief Operating Officer
Jeff Kunins, Chief Product Officer
DocuSign Envelope ID: 07DA6846-64E2-4FF9-969A-9D7A5E50DDA7

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Packet Pg. 293 Attachment: Axon Oaks Form 2023 (5951 : 1st Mod for Body Worn Camera) City Council
Report
City Council Meeting: August 22, 2023
Agenda Item: 8.A
1 of 2
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Annual Appointments to the following Boards and Commissions. Continued from 7/25/2023.

Board/Commission No. of Seats Term End
Date
Special Requirements
Disabilities
Commission
1 6/30/2027 Must be self-identified person
with a disability and reside in the
City.

Housing Commission 1 6/30/2025 Must be a resident of the City and be an affordable housing
program participant who is 62
years or older.

Public Safety Reform
and Oversight
Commission
1 6/30/2027 One shall be between 18-22
years.

Urban Forest Task
Force
1 6/30/2025 One must be current or past
certified arborist. Must reside,
work or hold business licenses in
the City
Prepared By: Xavier Mota, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. List of Applicants

8.A
Packet Pg. 294
2 of 2
B. Written Comments

8.A
Packet Pg. 295
City of Santa Monica
Boards and Commissions Applicants
Disabilities Commission
Name Application Date
Adeyemi, Suleman B.

Kosmeya-Dodge, Kathryn
07/27/2023
08/07/2023
TOTAL APPLICANTS: 2
*Incumbent requesting a third term

8.A.b
Packet Pg. 296 Attachment: List of Applicants (5938 : Continued: Annual Appointments 8.A.) City of Santa Monica
Boards and Commissions Applicants
Housing Commission
Name Application Date
Camner, Leonora S.

Finley, Sheila A.
06/16/2023
07/06/2023
Garcia, Lydia 11/30/2021
Gordon, Gail 07/18/2022-Not applying for affordable
housing recipient over 62 seat
Hass, Ryan O.

Ha, Edmund
Senopole, Debra
Susman, Matthew B.
12/06/2021
11/30/2021
08/15/2023
09/20/2022
TOTAL APPLICANTS: 8
*Serves on the Disabilities Commission

8.A.b
Packet Pg. 297 Attachment: List of Applicants (5938 : Continued: Annual Appointments 8.A.) City of Santa Monica
Boards and Commissions Applicants
Public Safety Reform and Oversight Commission
Application Date
03/07/2022
06/15/2022
06/20/2022
06/20/2023
06/05/2022
03/02/2022
06/20/2023
06/16/2022
03/10/2022
03/07/2021
Name
Banister, Xavier H.

Feldman, Jason K.

Gielicz, Albin R.

Goldberg, Aimee
Graber, Stuart B.

Kolding, Lucas
Mohanty, Adya
Singer, Donald I.

Walter, Craig A.

Winnemore, Paul L.

TOTAL
APPLICANTS:10
*Incumbents listed in green
*Registered Lobbyist and Serves In
the TOT Advisory Committee
*Serves as Ex-Offifio for the Public
Safety Reform and Oversight
Commission

8.A.b
Packet Pg. 298 Attachment: List of Applicants (5938 : Continued: Annual Appointments 8.A.) City of Santa Monica
Boards and Commissions Applicants
Urban Forest Task Force
Name Application Date
Bach, Margaret L.

Rubin, Jerry
08/04/2023
07/06/2023
TOTAL APPLICANTS: 2

8.A.b
Packet Pg. 299 Attachment: List of Applicants (5938 : Continued: Annual Appointments 8.A.) 1 Xavier Mota
From: Ann Maggio <[email protected]>
Sent: Thursday, June 22, 2023 5:13 PM
To: Denise Anderson-Warren; David White; Douglas Sloan; councilmtgitems Subject: June 27 Item 16.A. - When did the Council approve language changes for who can serve on the Disabilities and Housing Commissions?

EXTERNAL
Dear City Staff,
Are you telling the public that there's a NEW MINIMUM REQUIREMENT STANDARD - one of self identification - in order to check the box and fulfill City Council's long standing requirement that these 2 open seats for the Disabilities Commission are filled with people with a disability? "Two must be self-identified persons with a disability and reside in the City." Are you telling the public that there's a NEW NEW MINIMUM REQUIREMENT STANDARD to fulfill City Council's long standing requirement that these 2 open seats for the HOUSING Commission are filled with people with people who are HOUSING AUTHORITY PARTICIPANTS (meaning folks who receive public assistance) has been minimized to check the box by changing it to "Affordable Housing Program Participants"? Two must be affordable housing program participant where one is 62-years or older and the other is unhoused or formerly unhoused.

David, I am 100% sure you know exactly what is going on here with the language change that was NEVER brought before the City Council for approval. STOP and return the prior language until such time that you decide to bring these substantive changes to the vote of the City Council.

Thank you.

Ann Maggio Thanawalla
"Unthinking respect for authority is the greatest enemy of truth." ‐ Albert Einstein ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 300 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) 1 Xavier Mota
From: Ann Maggio <[email protected]>
Sent: Friday, June 23, 2023 10:31 AM
To: councilmtgitems; Phil Brock; Oscar de la Torre; Christine Parra Subject: June 27 Item 16.A. - Housing Commission appointment

EXTERNAL
Please reappoint Commissioner Marasco to the Housing Commission seat she holds today.

Thank you,
Ann Maggio Thanawalla
"Unthinking respect for authority is the greatest enemy of truth." ‐ Albert Einstein ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 301 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) From: Brian Stedge-Stroud
To: councilmtgitems
Subject: Item 16A -Michelle Edgar
Date: Friday, June 23, 2023 2:05:19 PM

EXTERNAL
June 23, 2023
Santa Monica City Council
City Hall
1685 Main Street, Room 209
Santa Monica, CA 90401
RE: Annual Appointments to the following Boards and Commissions – Arts Commission
Dear Mayor and City Councilmembers,
I am writing in support of Michelle Edgar’s application to the Arts Commission.

She is the Founder and CEO of the non-profit Music Unites with the mission to raise academic and lifetime achievement for at-risk public school students through the support and creation of unique music education partnerships and programs. The non-profit currently provides free after-school music programs to youth through school-based partnerships, along with special monthly workshops designed in alignment with standards for career and college readiness.

She most recently launched Salsa Way on the Santa Monica Pier, a 3-month series highlighting local renowned artists and musicians from the salsa community and worked with the Santa Monica Pier to integrate this programming on the Pier as part of Local’s Night.

With the growing need and opportunity of culture in our city and Michelle’s high level marketing, entertainment and sports connections, I know she will be an asset to the city and the Commission. She will offer a new perspective and will help execute powerful programs and ideas that will benefit our community.

Please strongly consider her appointment to the Santa Monica Arts Commission.

Brian Stedge-Stroud
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 302 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) 90404
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 303 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) From: Council Mailbox
To: councilmtgitems
Subject: Fw: In support of Arts Commission candidate Michelle Edgar - Item 16A Date: Friday, June 23, 2023 2:11:08 PM
From: Michael Masucci <[email protected]> Sent: Friday, June 23, 2023 1:24 PM
To: Council Mailbox <[email protected]>
Subject: In support of Arts Commission candidate Michelle Edgar Dear Members of the Santa Monica City Council,
I am writing to give my upmost support to the candidacy of Michelle Edgar, for the Santa Monica Arts Commission.

Ms. Edgar’s experience in both the worlds of the creative arts, as well as her professional experience in management, marketing and legal studies makes her ideal for the Arts Commission. Her skill sets will augment, expand and synergize the talents already on the Commission and will bring together the enormous possibility for continued advocacy and support for the art in Santa Monica.

As a city that understands the enormous value that the arts offer its stakeholders, Ms. Edgar will be an enormous addition to what the city envisions going forward and can achieve a leadership position within the Commission going forward, both on its subcommittees as well as a whole.

I hope you endorse her candidacy and bring to the Commission a committed a proven leader, whose talent and experience will only further improve the effectiveness and value of the Arts Commission.

As this month's Arts Commission meeting will conclude my tenure as Chair of the Arts Commission, I am deeply concerned with the recruitment of proven exemplary new talent to serve in the years to come. Ms, Edgar's demonstrated record is exactly such talent, and I hope you will agree.

Thank you for your consideration,
Michael J. Masucci
Chair, Santa Monica Arts Commission
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 304 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) From: Clerk Mailbox
To: councilmtgitems
Subject: FW: Agenda Packet - Jun 27, 2023 (Tue) - City Council Date: Friday, June 23, 2023 3:48:44 PM
From: Ann Maggio <[email protected]>
Sent: Thursday, June 22, 2023 4:57 PM
To: Clerk Mailbox <[email protected]>; David White <[email protected]>
Cc: Oscar de la Torre <[email protected]>; Christine Parra <[email protected]>; Phil Brock <[email protected]> Subject: Fwd: Agenda Packet - Jun 27, 2023 (Tue) - City Council

EXTERNAL
Regarding the 6/27/2023 Agenda, Item 16.A.

Please provide documentation to show when the City Council agreed that the standard for disabled members of the Disabilities Commission simply allows for Self Identification. "Two must be self-identified persons with a disability and reside in the City." Thank you,
Ann Maggio Thanawalla
"Unthinking respect for authority is the greatest enemy of truth." - Albert Einstein ---------- Forwarded message ---------
From: City Clerk <[email protected]>
Date: Thu, Jun 22, 2023 at 3:54 PM
Subject: Agenda Packet - Jun 27, 2023 (Tue) - City Council To:

Please see the attached Agenda Packet document for the following meeting:

City Council
Regular Meeting
Tuesday, June 27, 2023 5:30 PM
1685 Main Street, Room 250, Santa Monica, CA 90401
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 305 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) Download PDF Agenda Packet
|View Web Agenda Packet
Document Modified: 6/22/2023 3:51 PM
If you no longer wish to be included in this distribution list you can remove yourself through the meeting web portal or reply to this message.

ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 306 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) From: Debra Shepherd
To: councilmtgitems
Subject: Item 16A
Date: Saturday, June 24, 2023 8:57:56 PM

EXTERNAL
Good day Council members:

I would like to support Theresa Marasco to be re-appointed to serve on the Housing Commission. I have learned so much from her as a housing voucher recipient. I appreciate Theresa's vast knowledge of HUD regulations and requirements.

I have reviewed all of the applications for the Housing Commision. I don't think that there is a more qualified applicant than Theresa Marasco. Please re-appoint Theresa to the Housing Commision. She has the knowledge, work experience, and work ethic to serve our community.

Best regards,
Debra Shepherd
Former Chair SMMUSD SEDAC Chair
Santa Monica HCV holder/resident
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 307 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) From: Alexandra Sokol
To: councilmtgitems
Subject: Endorsement for Commission on Sustainability, Environmental Justice and The Enviroment Date: Monday, June 26, 2023 1:34:18 PM
Attachments: image.png

EXTERNAL
Dear Council Members -
I would like to fully endorse the reappointment of Dean Kubani and Susan Mearns to the Commission on Sustainability, Environmental Justice and The Environment.

They are both a driving force and highly knowledgeable in the field, as well as a history of understanding both the needs of the city and the commission. As a Commissioner myself, their valuable scientific input and deep knowledge of the city have continued to add important expertise to the Commission.

My Regards - Alexandra Sokol
--
Alexandra Sokol
EnviroDynamix™
Chief Sustainability Strategist & EVP Project Development m: 310.500.7722 | [email protected]
Commissioner at City of Santa Monica Commission on Sustainability, Environmental Justice and the Environment | Santa Monica EV Sub-Committee & Airport Redevelopment Committee Member | USGBC Advisor | LEED GA & ND | Member of SWRR | Member of Millennium Project Environmental Node |
American Anthropology Assoc. Member - Disaster TIG
http://www.envirodynamix.com
--------- This message (including any attachments) may contain privileged and confidential information. It is intended to be conveyed only to the designated recipient(s) named above. Do not read, copy or share this communication unless you are the intended recipient. If you have received this message in error, please notify the sender immediately by replying to this message and then delete all copies of it from your computer system. Any use, dissemination, distribution, disclosure, or reproduction of this message by unintended recipients is strictly prohibited. Thank you for your cooperation.

ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 308 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) From: Council Mailbox
To: councilmtgitems
Subject: Fw: In support of reappointment of Deepa Subramanian and Kathleen Benjamin to Arts Commission Date: Monday, June 26, 2023 8:26:23 AM
From: Michael Masucci <[email protected]> Sent: Friday, June 23, 2023 3:36 PM
To: Council Mailbox <[email protected]>
Cc: Laurie Yehia <[email protected]>; Sofia Klatzker <[email protected]>; Mary-Elizabeth Michaels <Mary[email protected]>; Michael Baroff <[email protected]> Subject: In support of reappointment of Deepa Subramanian and Kathleen Benjamin to Arts Commission
Dear members of the Santa Monica City Council,
I wanted to give my very strong support to the reappointment of two exemplary Arts Commissioners, Deepa Subramanian and Kathleen Benjamin. Both of these remarkable individuals are not only experienced professionals, whose wisdom and perspective enhance every Arts Commission meeting, but they are outstanding and effective contributors to the Subcommittee that they are part of as well.

I cannot over emphasize my conviction that these two people are essential to the success of the Arts Commission going forward and expect them both to quickly rise to leadership positions within the Commission in the years ahead.

I hope that you will re-appoint these two Commissioners, who stand among the most impactful and hard-working of all the Commissioners.

Thank you for your consideration on these important appointments.

Your truly,
Michael J. Masucci
Chair, Santa Monica Arts Commission
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 309 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) From: Robert Brown
To: councilmtgitems
Subject: ITEM 16 - Airport Commissioners
Date: Monday, June 26, 2023 2:41:23 PM

EXTERNAL
Dear SM City CouncilmembersI urge you to reappoint GEOFFREY NERI to another term on the SMO Airport Commission and urge you to appoint MARGARET GRIFFIN to her first term on the SMO Airport Commission. These two individuals are dedicated to continuing the work at SMO and its transition to a public park for the enjoyment of the entire community. They are dedicated to do the work the residents have called and voted for. They are imminently qualified to hold these important positions and I urge you to appoint them. Thank you.

Sincerely,.

Robert Curtis Brown
2401 Pier Avenue
E: [email protected]
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 310 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) From: Christine Hardin
To: councilmtgitems
Subject: Item 16
Date: Monday, June 26, 2023 4:19:55 PM

EXTERNAL
Dear Council members,
Please re-appointment of GEOFFREY NERI for a second term and MARGARET GRIFFIN for a first term on the Santa Monica Airport Commission. They are so qualified and passionate about the work, I can't imagine anyone better in the position. They both seem to have our best interests in mind and have the experience working with diverse groups of people. I think we are so lucky to have them interested to participate in the important work ahead regarding the airport property. They seem to know the local history, the codes and laws, and the stated vision for the future of SMO. We need great leaders involved and I believe that Geoffrey Neri and Margaret Griffin are exceptional. Please take this into consideration when making your decision.

Thank you.

Christine & Joseph Hardin
2349 Pier Avenue
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 311 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) From: David Kaplan
To: councilmtgitems
Subject: Item 16 - Airport Commission: Geoffrey Neri and Margaret Griffin Date: Monday, June 26, 2023 4:59:56 PM

EXTERNAL
As a long time citizen in Sunset Park I highly recommend Geoffrey Neri and Margaret Griffin for the Airport Commission.

Thank you,
David Kaplan
2419 Pier Avenue
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 312 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) From: Airport2Park
To: councilmtgitems
Cc: Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre Subject: Airport Commission Appointments June 27, 2023
Date: Tuesday, June 27, 2023 8:53:15 AM
Attachments: Airport2ParkCCPublicInput062723.pdf

EXTERNAL
Council members,
The Santa Monica Airport2Park Board endorses Geoffrey Neri for re-appointment for a second term and Margaret Griffin to fill the remaining Airport Commission vacancy.

Mr. Neri has served honorably for the last four years. His vision of the SMO’s future is in line with the goals of the Airport 2 Park Foundation to revert the 227 acres that now comprise the Santa Monica Airport into Parkland. In 1926, the City purchased the land for Cloverfield with Park Bond Funds. It featured tennis courts, an 18 hole golf course, pistol and archery ranges, recreation center, playing fields, and playgrounds.

Ms. Griffin has exceptional professional experience that makes her well suited to lend her expertise on the Airport Commission as the City moves forward in the transition process of the Airport Land. She is an architect, landscape designer, master planner, and educator.

In her previous service on the Architectural Review Board, she gained familiarity with both City processes and policies related to planning, development standards, accessibility requirements, zoning and building codes. With her planning and construction experience, she developed the ability to find creative solutions for issues that will arise in re-imagining of the unique topography of the SMO parcel including traffic impacts, hillside and grading conditions.

Ms. Griffin will be a valuable asset to have on the Airport Commission as the planning process for the Airport land moves forward.

Appointing Margaret Griffin and Geoffrey Neri to the Airport Commission will be a step in fulfilling the original intent of the City of Santa Monica when the land was purchased to create a grand park for all to use and benefit.

Santa Monica Airport2Park Foundation
Neil Carrey, President
Board members
Michael Brodsky
John Fairweather
Frank Gruber
Cathy Larson
Mike Salazar
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
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ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 314 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) From: [email protected]
To: councilmtgitems
Cc: Gleam Davis; Lana Negrete; Phil Brock; Christine Parra; Oscar de la Torre; Caroline Torosis; Jesse Zwick Subject: 16A: Please reappoint Theresa Marasco to Housing Commission Date: Monday, June 26, 2023 11:32:47 PM

EXTERNAL
Hello Mayor Davis, Mayor Pro Tempore Negrete, and esteemed City Councilmembers, I am writing to urge you to reappoint Housing Commission Vice Chair Theresa Marasco to another term as Housing Commissioner for the two year seat dedicated to Housing Authority clients who have lived experience of homelessness. The city is lucky to have such a dedicated, knowledgeable, and hardworking volunteer.

Theresa Marasco is a smart, passionate, dedicated volunteer with unusually broad and deep experience with numerous aspects of housing, in particular affordable housing, HUD programs and policies, best housing program practices, affirmatively furthering fair housing and HUD's new requirements thereof, and new developments and innovations in affordable housing development and programming.

In her first term on the Housing Commission, Vice Chair Marasco has been instrumental in conceiving and executing an unprecedentedly ambitious and diverse annual work plan that reflects the myriad housing issues facing Santa Monicans. She dedicates countless hours to speaking with marginalized and other constituents to ensure she hears, understands, and addresses their concerns. She regularly attends meetings of related city boards and commissions, including those of the Planning Commission and Architectural Review Board, and works with staff and colleagues to increase dialogue and transparency. There is no one better qualified for this appointment.

Santa Monica is better for Housing Commission Vice Chair Theresa Marasco's extraordinary service. She has accomplished much in her brief time on the Housing Commission and there is so much more work that remains for her to do. Please reappoint her to her well-earned Housing Commission seat.

Thank you very much for your consideration.

Very best wishes,
Michelle Gray
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 315 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) From: Zina Josephs
To: councilmtgitems
Cc: Zina Josephs
Subject: City Council 6/27/23 agenda item 16 -- Airport Commission appointments Date: Tuesday, June 27, 2023 9:54:32 AM

EXTERNAL
June 27, 2023
To: Mayor Davis and City Council Members
From: Board of Directors, Friends of Sunset Park (FOSP) RE: City Council 6/27/23 Agenda Item 16
Airport Commission Appointments
Endorse Geoffrey Neri and Margaret Griffin
The Friends of Sunset Park Board endorses the appointment of Margaret Griffin for the current Airport Commission vacancy and the re-appointment of Geoffrey Neri for a second term.

As the City moves forward in the planning process for the Airport Land, the Airport Commission, in its advisory role to City Council, is in a position to provide guidance and be an additional forum for the public to express their wants and desires for the future use of the Airport property.

Ms. Griffin has expertise drawn from her professional life and previous service to the City as a member of the Architectural Review Board (ARB). She is an architect, landscape designer, master planner, and educator. Her professional background would provide a unique skill-set not possessed by any current Airport Commissioners.

Her service on the ARB has given her knowledge and insight in City processes, development standards, zoning, and building codes that will give her a valuable voice in the future planning of the Airport Land.

Mr. Neri has completed serving his first term. A litigation attorney by profession, he has experience resolving disputes, listening to competing voices, finding common ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 316 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) ground and formulating compromises. As the City continues to operate SMO as an Airport until Dec. 31, 2028, having a legal eye on the Commission is always a beneficial asset. His support of the transitioning the Airport Land into Public Space is in line with the City’s vision of the future of SMO by engaging in a public process to re-imagine the possibilities.

Clare Thomas, President
Friends of Sunset Park
Board members:

Peter Donald
Ofer Grossman
Aliceann Grusin
Zina Josephs
Nikki Kolhoff
Cathy Larson
Jeanne Laurie
John Murdock
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 317 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) From: Natalie Atun Greenberg
To: councilmtgitems
Subject: GEOFFREY NERI and MARGARET GRIFFIN - Santa Monica Airport Commission Date: Monday, June 26, 2023 8:51:47 PM

EXTERNAL
Hi,
As a homeowner in Santa Monica, I write to support the re-appointment of GEOFFREY NERI for a second term and MARGARET GRIFFIN for a first term on the Santa Monica Airport Commission. Both are truly outstanding individuals who will serve our community well. Thanks for your consideration.

Natalie A. Greenberg
917.686.9321
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 318 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) From: [email protected]
To: councilmtgitems
Subject: Item 16 Airport Commission Appointments Endorse Griffin and Neri Date: Monday, June 26, 2023 11:33:38 PM

EXTERNAL
Councilmembers,
I urge Councilmembers to re-appoint Geoffrey Neri for a second term and appoint Margaret Griffin for the remaining Airport Commission vacancy.

Both applicants have professional expertise that would be valuable assets on the Airport Commission.

Ms. Griffin is an architect, landscape designer, master planner, and educator. As the City moves forward in the future planning of the Santa Monica Airport Land, her background will create a unique voice on the Airport Commission.

Mr. Neri is a litigation lawyer. He has served a first term as Airport Commissioner. His legal background has been useful in analyzing airport issues, listening to competing voices, finding common ground, and formulating solutions.

Cathy Larson
Sunset Park Resident
Airport2Park Boardmember
FOSP Boardmember
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 319 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) From: Cathy Larson and Roger Allen
To: councilmtgitems
Subject: Item 16 Airport Commission Appointments Support Neri and Griffin Date: Tuesday, June 27, 2023 8:28:58 AM

EXTERNAL
Councilmembers,
I support the re-appointment of Geoffrey Neri to the Airport Commission and Margaret Griffin to fill the vacancy by termed out Joe Schmitz.

Thank you,
Roger Allen
Sunset Park Resident
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 320 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) From: Carol Lemlein
To: councilmtgitems
Subject: June 27 Agenda Item 16 A - Appointment to Boards And Commissions - Planning Commission - Nina Fresco Date: Tuesday, June 27, 2023 10:35:56 AM

EXTERNAL
Mayor and Honorable Council Members,
I am writing to ask for your support for Nina Fresco's appointment to a third term on the Planning Commission.

Nina has an unusually broad knowledge and experience with the many issues presented to the Planning Commission for decisions and recommendations to Council, ranging from the many facets of our adopted plans to local history and historic preservation. She is actively involved with a broad variety of community organizations, as exemplified by Committee for Racial Justice, the Quinn Research Center, and the Santa Monica Conservancy.

In short, Nina is eminently qualified to serve Santa Monica on the Planning Commission during the next four years of complex issues and rapid change. Please support her application for a third term.

Thank you,
Carol Lemlein
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 321 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) From: Asa Greenberg
To: councilmtgitems
Subject: Note of support re: Santa Monica Airport Commission appointments Date: Monday, June 26, 2023 8:38:25 PM

EXTERNAL
Hello!
As a homeowner and business owner in Santa Monica, I write to support the re-appointment of GEOFFREY NERI for a second term and MARGARET GRIFFIN for a first term on the Santa Monica Airport Commission. Both are truly outstanding individuals who will serve our community well. Thanks for your consideration.

Sincerely,
Asa Greenberg
2315 Pier Ave
Santa Monica CA 90405
--
-
Asa Greenberg
Kilogram Entertainment
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 322 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) From: Danielle Charney
To: Christine Parra; Phil Brock; Lana Negrete; Gleam Davis; Caroline Torosis; Jesse Zwick; Oscar de la Torre; Clerk Mailbox; [email protected]
Subject: Re-Nomination of Theresa Marasco to the Housing Commission Date: Monday, June 26, 2023 11:20:59 PM

EXTERNAL
Greetings all,
I would like to express my support for Theresa Marasco for the re-appointment to the Housing Commission. Theresa is the real thing. She has spent most of her life working for those in need of a fair shake from housing, human services and the judicial system. She works tirelessly for others and has helped shape a new Commission that has been sorely needed in this City. In a few words, Theresa cares and it shows. I wish you would not just re-appoint her, but embrace her work, along with Michelle Gray, Dominic Gomez and Peter Borreson. These are some of the finest minds we have ever had on this Commission. They bring a world of experience and smarts to re-shape and organize the many programs and possibilities in the housing area for those who are often maligned, ignored and badly treated. So put Theresa back in that seat where she belongs. We are lucky to have her.

She works hard and for free. What could be more caring than that? Thank you,
Danielle Charney
Resident Since 1982
Almost OG Santa Monican
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 323 Attachment: Written Comments (5938 : Continued: Annual Appointments 8.A.) City Council
Report
City Council Meeting: August 22, 2023
Agenda Item: 10.A
1 of 3
To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Introduction and First Reading of an Ordinance Adding Santa Monica Municipal Code Chapter 3.29 to Prohibit the Open Carry of Knives, Daggers, and Swords in Public Areas
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that the proposed ordinance is categorically exempt under Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines.

2. Introduce for first reading an ordinance adding Chapter 3.29 to the Santa Monica Municipal Code establishing regulations prohibiting the open carry of knives, daggers, and swords in public areas.

Executive Summary
In order to ensure safety and security in public spaces, the Santa Monica Police Department, in conjunction with the Santa Monica City Attorney’s Office, is proposing an ordinance to prohibit the open carry of certain knives, daggers, sharpened sticks, and swords in public, with only a few limited exceptions. This ordinance would strengthen existing state law prohibiting concealed carry of these edged weapons in public by extending the protections to prohibit carrying large-blade knives, daggers, and swords openly.

Discussion
Across the nation, aggravated assaults, and other serious crimes where an edged weapon is used have increased in the past several years and caused concern for public

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safety in the City of Santa Monica. In 2020, there were 52 reported aggravated assaults in which a knife was used. In 2021, the number rose to 71 and increased again in 2022 to 75. Similarly, robberies with a knife as the weapon numbered 20 in 2021 and then rose to 38 in 2022. There are many factors that have contributed to the increase in the use of edged weapons, including the ease of obtaining them by individuals of all ages.

Currently under California law, a police officer who encounters an individual in possession of an openly carried edged weapon may only advise the individual of the safety concerns for other members of the public, except in the cases where there is evidence of criminal activity.

The absence of any City, State, or Federal legislation addressing the open display or carrying of fixed blade knives, daggers, swords, sharpened sticks, and other edged weapons, creates challenges for law enforcement in preventing violent crimes that may harm residents and visitors to Santa Monica. Additionally, the open display of these weapons can be detrimental to members of the public using the city’s public spaces.

Due to the increasing frequency and resulting challenges in addressing this type of crime, the City would benefit from this ordinance for multiple reasons, including, but not limited to: (1) deterring the open use of edged weapons in public, enhancing public safety and comfort throughout the city, (2) giving law enforcement a valuable tool to immediately seize edged or pointed weapons that may be used to commit a violent crime, and (3) reducing Part I crimes, specifically aggravated assaults. statistics which have been negatively impacted by aggravated assaults.

This ordinance will provide the Santa Monica Police Department with clearly established legal authority to protect the public and enhance the ability to deter violent criminal activity. Over time, the ordinance is expected to reduce the number of armed assaults in public spaces within the City of Santa Monica.

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Environmental Review
The proposed ordinance is categorically exempt from the provisions of the CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines (common sense exemption). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed ordinance may have a significant effect on the environment. Therefore, no further environmental review under CEQA is required.

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

Prepared By: Erika Aklufi, Sergeant
Approved Forwarded to Council
Attachments:

A. Attachment A - City of Santa Monica Knife Assault Statistics B. Attachment B - Ordinance Prohibiting Open Carry of Knives Daggers Swords 080823 (002)

10.A
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ATTACHMENT A: CITY OF SANTA MONICA KNIFE ASSAULT STATISTICS

10.A.a
Packet Pg. 327 Attachment: Attachment A - City of Santa Monica Knife Assault Statistics (5953 : Knives, Daggers and Swords-First Reading)

10.A.a
Packet Pg. 328 Attachment: Attachment A - City of Santa Monica Knife Assault Statistics (5953 : Knives, Daggers and Swords-First Reading)

10.A.a
Packet Pg. 329 Attachment: Attachment A - City of Santa Monica Knife Assault Statistics (5953 : Knives, Daggers and Swords-First Reading)

10.A.a
Packet Pg. 330 Attachment: Attachment A - City of Santa Monica Knife Assault Statistics (5953 : Knives, Daggers and Swords-First Reading) City Council Meeting: August 22, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 3.29 TO THE SANTA MONICA MUNICIPAL CODE PROHIBITING

THE OPEN CARRY OF KNIVES, DAGGERS, AND SWORDS IN PUBLIC AREAS WHEREAS, Penal Code Section 417 prohibits brandishing a deadly weapon in a rude, angry, or threatening manner, in a public place; and WHEREAS, a city’s police power includes the power to regulate deadly weapons, including, knives, daggers, swords, and other sharp pointed objects; and WHEREAS, the City is a popular destination for tourism and travel because the City strives to maintain clean, safe, and secure public areas and streets; and WHEREAS, openly carrying knives, daggers, swords, and other sharp pointed objects in public areas impacts public health, safety, and security; and WHEREAS, the City Council desires to prohibit the open carry of knives, daggers, swords, and other sharp pointed objects in public areas to protect the health and safety of City residents, public safety professionals, and visitors to the City.

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

SECTION 1. Chapter 3.29 is hereby added to the Santa Monica Municipal Code to read as follows:

CHAPTER 3.29 CARRYING OR WEARING OF KNIVES, DAGGERS, AND SWORDS

IN PLAIN VIEW IN PUBLIC AREAS PROHIBITED

3.29.010 Definitions

10.A.b
Packet Pg. 331 Attachment: Attachment B - Ordinance Prohibiting Open Carry of Knives Daggers Swords 080823 (002) (5953 : Knives, Daggers and Swords- (a) “Knife” or “Dagger” shall include any knife, dirk, or dagger having a blade three inches or more in length, any ice pick or any other similar sharp pointed tool, including a sharpened wooden stick or sharpened metallic rod, any straight edge razor or any razor blade fitted to a handle.
(b) “Sword” shall include a thrusting, striking, or cutting weapon with a blade longer than a knife or dagger, having one or two cutting edges and a hilt, including, but not limited to, a longsword, broadsword, rapier, saber, cutlass, machete, or katana. “Sword” shall not include a fencing foil without a sharpened blade or tip, when used for the sport of fencing or fencing demonstrations.
(c) “Plain View” shall mean carried or possessed in such a manner that the item may be plainly seen and recognized, whether in a protective sleeve, sheath, or covering, or not.
(d) “Public Area” includes any public street, public place, or other area or facility open to the public.

3.29.020 Open Carry of Knives, Daggers, and Swords Prohibited (a) No person shall wear or carry in Plain View any knife, dagger, or sword in or upon any Public Area.
(b) This chapter shall not apply to the following:
(1) Sworn law enforcement or public safety personnel on duty; (2) Sworn law enforcement or public safety personnel off duty, upon showing law enforcement identification upon demand;
(3) Armed security under contract with the City and pursuant to the terms of the contract, or as may be permitted by the Police Chief;

10.A.b
Packet Pg. 332 Attachment: Attachment B - Ordinance Prohibiting Open Carry of Knives Daggers Swords 080823 (002) (5953 : Knives, Daggers and Swords- (4) Retired law enforcement officers authorized to carry weapons pursuant to 18 U.S.C. 926C, with proper identification; (5) When a person is wearing or carrying a knife, dagger, or sword as follows:
(i) For use in a lawful occupation;
(ii) Knives carried or used lawfully in restaurants or other dining facilities;
(ii) For lawful recreational purposes;
(iii) As a recognized religious practice, for example, a kirpan; (iv) While the person is directly traveling to or returning from participation in such activities as identified in this subsection 5. (c) The Council, by resolution, and/or the City Manager, may provide for and publish further security regulations and/or exceptions to implement this chapter, including, but not limited to, posting of signage to provide notice of these regulations.

3.27.030 Penalties
(a) The Police Chief is authorized to seize and impound any knife, dagger, or sword that is kept, possessed, or used in violation of this Chapter, and to hold the same for a period of up to thirty days or until claimed by its owner. Such articles may not be returned to any person under the age of eighteen years but may be returned that person’s legal guardian or parent.
(b) This Chapter shall not be deemed to make punishable an act or acts which are expressly allowed or preempted by any law of the State or the United States Constitution.

10.A.b
Packet Pg. 333 Attachment: Attachment B - Ordinance Prohibiting Open Carry of Knives Daggers Swords 080823 (002) (5953 : Knives, Daggers and Swords- (c) Enforcement and Penalties. Any person who violates any provision of this Chapter shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months or by both such fine and imprisonment. Any person who violates any provision of this Chapter shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code. The remedies provided in this section are not exclusive, and nothing in this section shall preclude the use or application of any other remedies, penalties or procedures established by law.

SECTION 2. Any provision of the Santa Monica Municipal Code inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

10.A.b
Packet Pg. 334 Attachment: Attachment B - Ordinance Prohibiting Open Carry of Knives Daggers Swords 080823 (002) (5953 : Knives, Daggers and Swords- SECTION 4. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall take effect 30 days from its adoption.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

10.A.b
Packet Pg. 335 Attachment: Attachment B - Ordinance Prohibiting Open Carry of Knives Daggers Swords 080823 (002) (5953 : Knives, Daggers and Swords- City Council
Report
City Council Meeting: August 22, 2023
Agenda Item: 10.B
1 of 7
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Introduction and First Reading an Ordinance Amending Santa Monica Municipal Code Chapter 3.24 to Regulate Retail Firearm Sales, Establish Additional Firearm Owner Responsibilities, Restrict Weapon Usage on CityOwned Property and Other Locations, Establish a Voluntary Commitment Program, and Ban Non-Serialized Firearms in the City
Recommended Action
Staff recommends that Council:

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

Executive Summary
Pursuant to Council’s direction on June 13, 2023, the City Attorney’s Office, in conjunction with the City Manager’s Office and the Police Department, offer for introduction an ordinance that will: (1) impose additional regulations on firearms retailers in the City to record firearms and ammunition sales, store firearms in a secure manner, and restrict the admittance of unaccompanied minors where firearms are sold; (2) restrict certain weapons, including firearms, on City-owned property and other locations; (3) establish additional responsibilities for firearm owners, including requiring liability insurance, establishing firearm safe storage obligations in residences and vehicles, and

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requiring firearm owners to report a lost or stolen firearm within 48 hours of discovery; (4) establish a voluntary firearm commitment program; and (5) ban the possession, sale, or transfer of non-serialized weapons, also known as “ghost guns.” Discussion
The City of Santa Monica is not immune from the dangers caused by the proliferation of firearms in society. Each year, dozens of residents, workers, and visitors are victims of crimes committed using firearms. This includes those obtained legally, but primarily are unregistered, listed as stolen, or ghost guns with no serial number to be able to trace.

Being a crime victim can be damaging enough, but the addition of a firearm, whether or not it was fired, creates another layer of trauma not just for the victim but for witnesses and the community. The charts below represent just three categories of crimes wherein guns were used; there are additional categories of penal code violations for possessing and brandishing firearms that were not included here but do occur within city limits.

Incidents Involving Guns 2018 2019 2020 2021 2022 2023
Robbery (Part I Crime) 32 48 29 21 38 10
Aggravated Assault (Part I Crime) 23 23 26 30 37 18
Weapons Possession (Part II Crime) 16 24 19 7 22 17
TOTAL 71 95 74 58 97 45

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Santa Monica has also had multiple instances over the years of guns being reported stolen, primarily from residences during burglaries and vehicles parked within city boundaries. The department also locates stolen guns during investigations on an irregular but relatively frequent basis. In 2022, the SMPD booked 43 real and 28 fake firearms as evidence, found 21 real and 11 fake firearms, took one lost firearm report, and took theft reports for five real and two fake stolen firearms.

Currently, the City has one firearm retailer – Big Five Sporting Goods (Big Five), which is located on 3121 Wilshire Blvd. During the civil unrest on May 31, 2020, a group of individuals stole large amounts of property from the Big Five, including 29 rifles and shotguns. Detectives from the Police Department collaborated with the US Department of Alcohol, Tobacco and Firearms in the investigation. As of now, none of the suspects have been identified and the firearms are still outstanding.

On June 13, 2023, Council unanimously approved a 16-item sponsored by Councilmembers Torosis, Davis, and Zwick, which directed the City Manager and the City Attorney to return to Council within 60 days with an ordinance that restricts the sale of firearms in the City and proposes additional gun owner responsibilities based on best practices from other jurisdictions, stakeholder engagement, and consultation with subject matter experts.

Pursuant to Council’s direction, the City Attorney’s Office has reviewed local firearms regulations and prepared the attached ordinance which: requires firearm retailers in the City to videotape all firearm sales and provide continuous video and audio surveillance of where guns are stored, imposes additional safe storage requirements for firearm retailers, restricts minors and other prohibited purchasers from entering firearms retailers, restricts the use of certain weapons, including concealed carry firearms, on City-owned property and other locations, requires liability insurance for firearm owners, regulates the safe storage of firearms in residences and vehicles, creates a duty to report a lost or stolen firearm within 48 hours, establishes a voluntary commitment program, and bans the possession, sale, or transfer of ghost guns.

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Policy Considerations
Shootings following theft or wrongful acquisition of firearms left unsecured (including by minors) can be addressed by securing firearms appropriately, whether in a residence or vehicle. There is always the possibility that a firearm lost or stolen in Santa Monica can be used to commit a crime within the City with a resident, worker, or visitor as the victim.

The City has many attractions that attract large crowds, including the beach, Pier, and Promenade—the addition of an ill-gotten and uncontrolled firearm can be particularly dangerous given the potential for bystanders to be hit and the difficulty in escaping a crowded area if shooting commences. It is also much more difficult for law enforcement to identify and control a shooting suspect in a large group setting.

In households in which a resident believes another resident may be a danger to anyone because of firearms in the home, providing a location for a resident to remove firearms from the home and securely store temporarily may help to prevent gun violence. Under most circumstances, the police department can provide this service to residents who request assistance.

The City has discussed the proposed ordinance with the Giffords Law Center.

Firearm Dealer Regulations – Safe Storage Requirement, Video and Audio Surveillance Requirement, Prohibitions Against Unaccompanied Minors
The proposed ordinance would require firearms dealers to store firearms and ammunition in a secure manner so that the firearms and ammunition are not accessible to anyone other than authorized employees. Options for meeting this requirement include: a “secured facility” with a deadbolt lock as provided in Penal Code § 17110, a locked fireproof safe, or vault.

The proposed ordinance requires firearm dealers to have a video surveillance system approved by the Chief of Police. The system must record and continuously monitor the areas where firearms or ammunition are stored, sold, transported, or transferred. The video system would be required to have the capability to record the facial features of a purchaser or transferee and record the voices of a purchaser or transferee engaging

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with a firearm dealer’s employees. The video system must be maintained in proper working order and repaired or replaced within 14 days if it becomes inoperable. Upon request, a firearm dealer must provide access to the Chief of Police of any video and audio recordings. The proposed ordinance requires a firearm dealer to comply with certain signage requirements providing notice of the video and audio recording to customers. The proposed ordinance authorizes the Chief of Police to issue administrative regulations relating to these retail security requirements.

The proposed ordinance restricts the admittance of unaccompanied minors and other prohibited purchasers from entering a firearm retailer. For businesses that engage in more than the sale of firearms and ammunition, the proposed ordinance allows unaccompanied minors to enter the premises as long as physical and operational safeguards are used to prevent unaccompanied minors of being within 10 feet of where firearms, ammunition, and firearms related accessories are sold. The physical and operational safeguards must be approved by the Chief of Police or designee before unaccompanied minors are allowed to enter the premises.

Weapons Restrictions on City Property and Other Areas
Subject to certain exceptions, the proposed ordinance would prohibit possessing, displaying, brandishing, or using certain weapons, including a firearm, on City property and certain areas including:
• Any City owned or leased building (excluding garages and parking lots open to the public)
• The Pier
• Any facility where alcoholic beverages are consumed on the premises • Churches and other places of worship (unless the church or place of worship designates otherwise)
• Sporting events, concerts, shows, farmer’s markets, and other community events • Where First Amendment protected speech is being conducted • Public parks and the beach (with certain exceptions for passing through) • Hospitals and clinics

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• Private property where the owner has prohibited firearms The Chief of Police is authorized to seize and impound any weapons possessed or used in violation of the proposed ordinance. As provided in the ordinance, the Council, by resolution, or the City Manager, by administrative regulation, are authorized to establish further security regulations and exceptions to these requirements.

Additional Gun Owner Responsibilities – Liability Insurance, Safe Storage, Duty to Report Theft or Loss
The proposed ordinance would create additional responsibilities for firearm owners. For example, the proposed ordinance requires firearms owners to obtain liability insurance covering losses or damages resulting from any negligent or accidental use of a firearm.

In addition, the proposed ordinance establishes a requirement to store firearms in a locked container or secured using a firearm safety device when firearms are held in a residence or vehicle in the City. The proposed ordinance requires firearm owners to report a lost or stolen firearm within 48 hours.

Voluntary Commitment Program
The proposed ordinance would establish a voluntary commitment program that would allow the Santa Monica Police Department to store a firearm when a resident believes that another person who resides in the same residential unit may present an immediate danger to themselves or others. The proposed ordinance provides for the return of committed firearm upon request and proof of ownership. When the Chief of Police determines that a committed firearm is illegal to be owned or possessed, the proposed ordinance establishes an appeal procedure (first to the Chief of Police through an informal appeal process, and second to a Court through petition) for the owner to demonstrate that the firearm may be lawfully owned or possessed.

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Ghost Gun Ban
Subject to certain exceptions, the proposed ordinance would prohibit the possession, purchase, transport, receipt, or sale of non-serialized firearms in the City.

Environmental Review
The proposed ordinance is exempt from the provisions of CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines (common sense exception) which states that CEQA does not apply “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The ordinance involves establishing regulations for firearm safety, and therefore, it can be seen with certainty that there is no possibility that the proposed ordinance regulating firearms may have a significant effect on the environment.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary to implement the proposed ordinance.

Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:

A. ORD-PD-Firearms 2023.0822 1st

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1 City Council Meeting: August 22, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 3.24 CONCERNING

REGULATION OF FIREARMS
WHEREAS, the Constitution of the United States of America affords certain protections to the ownership of firearms; and
WHEREAS, the United States Supreme Court has recognized that the Constitutional protections related to firearms ownership are not unlimited, and can be subject to certain types of governmental regulations; and WHEREAS, a city’s police power includes the power to regulate firearms and many courts throughout the nation have upheld local regulations related to the ownership or possession of firearms; and
WHEREAS, unsecured firearms in retail spaces, residences, and vehicles have been stolen or carelessly left where unauthorized individuals have had access to them, resulting in injuries and death to others; and
WHEREAS, firearm injuries have a significant adverse public health and safety impact nationally, in the State of California, and locally; and WHEREAS, Chapter 3.24 of the Santa Monica Municipal Code provides for certain regulations for the sale and use of firearms.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS (new text underlined):

SECTION 1. Santa Monica Municipal Code Section 3.24.031 is hereby amended to read as follows:

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Packet Pg. 343 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) 2 3.24.031 Firearms Dealer Permit - Conditions.

Any firearms dealer permit issued pursuant to this Chapter shall be subject to all of the following conditions:
(a) The permittee shall comply with all Federal and State laws concerning the operation of the permitted business including, but not limited to, California Penal Code Sections 12071(b)(3) - (14), 12072, 12073, 12074, 12076, 12077 and 12082. To the extent the provisions of this Chapter impose more stringent requirements than those contained in State or Federal law, these local provisions shall prevail. (b) The business shall be carried on only in the building located at the street address shown on the City of Santa Monica permit.
(c) The permittee shall keep complete and current records of all firearms transactions. In addition to the requirements of California Penal Code Sections 12073, 12076 and 12077, permittee shall must also keep a complete current inventory of all firearms in stock. This inventory shall include an entry for each weapon, with the classification, serial numbers, and any other information that is required by the Chief of Police for the tracking of the chain of ownership of the firearm. (d) The permittee shall maintain records of ammunition sales in compliance with the provisions of Chapter 3.25 of this Code.
(e) The premises at which the business is to be operated shall contain all security measures reasonably required by the Chief of Police, which shall include, but not be limited to:
(1) The provision of secure locks, windows and doors, adequate lighting, and such fire and theft alarms as specified by the Chief of Police.

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Packet Pg. 344 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) 3 (2) The storing of all firearms and munitions on the premises out of reach of customers in secure, locked facilities, so that access to firearms and munitions shall be controlled by the dealer, or employees of the dealer entrusted to handle firearms, to the exclusion of all others as provided herein and in any administrative regulations issued by the Chief of Police;
(3) At all times, every firearm shall be stored in a secured facility within the meaning of Penal Code Section 17110 or in a locked fireproof safe or vault in the permittee’s business premises that meets the standards for a gun safe implemented by the Attorney General pursuant to Penal Code Section 23650 and which is approved by the Chief of Police or designee, so that the firearms are not visible or accessible anyone other than authorized permittee employees; (4) No firearm shall be removed from the secured facility except by an authorized employee for inspection by a customer for sale or transport; (5) All ammunition shall be stored so that it is inaccessible to the public and secured using one of the methods mentioned in Section 3.24.031 (e)(3), and shall not be removed from the secured facility except by an authorized employee for inspection by a customer or for sale or transport.
(f) The permitted business location shall be monitored by a video surveillance system approved by the Chief of Police and that includes cameras, monitors, digital video recorders, audio recorders, and cabling, if necessary, to meet the requirements below:
(1) The interior and exterior of the permitted business facility shall be monitored. The number and location of the cameras are subject to the approval of the Chief of Police. At a minimum, the cameras shall be sufficient in number

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Packet Pg. 345 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) 4 and location to monitor the areas of the business premises where firearms or ammunition are stored, sold, transported, or transferred, including, but not limited to, all counters, safes, vaults, cabinets, cases, entryways, and parking areas. (2) The video surveillance system shall operate continuously, without interruption, whenever the permittee is open for business. Whenever the permittee is not open for business, if not operating continuously, the system shall be triggered by a motion detector and begin recording immediately upon detection of any motion within the monitored area.
(3) The sale or transfer of a firearm or ammunition shall be recorded by the video surveillance system in such a way that the facial features of the purchaser or transferee are clearly visible. The video surveillance system or, if applicable, audio recording system, shall record the voices of the purchaser or transferee and the permittee or permittee’s employees in such a way that the voices will be clearly audible when replayed.
(4) The video surveillance system must be maintained in proper working order at all times. If the system becomes inoperable, it must be repaired or replaced within 14 calendar days. The permittee must inspect the system at least weekly to ensure that it is operational, and images are being recorded and retained as required by the Chief of Police. The permittee shall allow the Chief of Police, or designee, to inspect the video surveillance system and audio recorder to ensure operability.
(5) The stored video and audio recordings shall be maintained on the business premises of the permittee for a period not less than 30 days from the date

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Packet Pg. 346 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) 5 of recording and shall be made available and accessible to the Chief of Police or other law enforcement agency designated by the City Manager immediately upon request for review and copying, without the need for a search warrant, subpoena, or court order.
(6) Except as provided in Section 3.24.038(d), the permittee shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height:

THESE PREMISES ARE UNDER VIDEO AND AUDIO SURVEILLANCE - YOUR

IMAGE AND CONVERSATIONS MAY BE RECORDED AND PROVIDED TO LAW ENFORCEMENT.
(g) Permittee shall cause to be obtained, and keep in full force and effect a policy of insurance in such form as the City deems proper, executed by an insurance company approved by the City whereby the permittee is insured against liability for damage to property and for injury to or death of any person as a result of the sale, transfer, or lease, or offering or exposing for sale, transfer or lease, of any firearm. The minimum liability limits shall not be less than one million dollars for damage to or destruction of property in any one incident, and one million dollars for the death or injury to any one person. Such policy of insurance shall contain an endorsement providing that the policy will not be canceled until notice in writing has been given to the City, addressed in care of the Risk Manager, 1717 4th Street, Santa Monica, California 90401, at least thirty days immediately prior to the time such cancellation becomes effective. Upon expiration of any such policy and if no additional insurance has been secured prior to the expiration thereof in the manner provided for the initial securing of a permit under this Chapter, the permit

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Packet Pg. 347 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) 6 shall be deemed canceled without further notice or opportunity to be heard. (h)(g) The permittee shall consent to the City’s inspection of the business premises and records for the City to establish continued compliance with the terms of the permit, and in accordance with Section 3.24.036 of this Chapter. (i)(h) The permit shall not become effective until the permittee has obtained all other permits required by Federal, State or local law including, but not limited to, a business license and zoning and building permits. Violations of this section may result in a permit being revoked.
(j) The Chief of Police may issue administrative regulations consistent with this section.

SECTION 2. Santa Monica Municipal Code Section 3.24.038 is hereby added to read as follows:

3.24.038 Restricted Admittance of Minors and Other Prohibited Purchasers. (a) Except as provided in paragraph (d) below, no permittee or any of the permittee’s agents, employees, or other persons acting under the permittee’s authority shall allow any person under 18 years of age to enter into or remain on the premises unless accompanied by the minor’s parent or legal guardian. (b) The permittee and any of the permittee’s agents, employees, or other persons acting under the permittee’s authority shall be responsible for requiring clear evidence of age and identify of persons to prevent the entry of persons not permitted to enter the premises pursuant to Section 3.24.038(a) by reason of age. Clear evidence of age and identity includes, but is not limited to, a motor vehicle operator’s license, a state identification card, an armed forces identification card, U.S. passport, or any similar

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Packet Pg. 348 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) 7 documentation which provides reasonable assurance of the identity and age of the individual.
(c) No permittee or any of the permittee’s agents, employees, or other persons acting under the permittee’s authority shall allow any person to enter into or remain on the premises who the permittee or the permittee’s agents, employees, or other persons acting under the permittee’s authority knows or has reason to know is prohibited from possessing or purchasing firearms pursuant to federal, state, or local law. (d) Notwithstanding the foregoing, a permittee that sells goods other than firearms or ammunition may allow an unaccompanied minor into the premises provided that the permittee uses physical and operational safeguards to prevent an unaccompanied minor from being within 10 feet of where firearms, ammunition, and firearm related accessories are stored or available for inspection. A permittee’s physical and operational safeguards as required by this section shall be approved by the Chief of Police, or designee, before unaccompanied minors are allowed into the premises. A permittee operating pursuant to this section must install signage in a conspicuous place in the area where firearms or ammunition are available for inspection or stored that states in block letters not less than one inch in height:

THESE PREMISES ARE UNDER VIDEO AND AUDIO SURVEILLANCE - YOUR

IMAGE AND CONVERSATIONS MAY BE RECORDED AND PROVIDED TO LAW ENFORCEMENT.

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Packet Pg. 349 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) 8 SECTION 3. Santa Monica Municipal Code Section 3.24.086 is hereby added to read as follows:

3.24.086 Use and Possession of Weapons.
(a) No person shall discharge a firearm into or within the City, except as provided in Section 3.24.010.
(b) No person shall propel any object by a sling shot, bow, or other instrument commonly used or which is designed for the throwing or projecting of any object such as a bullet, shot, rock, stone, arrow, or other projectile. This subsection shall not prohibit the use of pitching machines or similar devices that propel baseballs, footballs, tennis balls, and similar items that are being used for their intended purpose at sports facilities. (c) No person shall hunt wildlife with any weapon described in this section. (d) No person under the age of eighteen years shall have in their possession any firearm within the City unless they, at all times during the possession, (1) have on their person the written consent of their parent or legal guardian, or (2) are accompanied by their parent or legal guardian, or (3) are participating in and going to and from an organized, lawful recreational or competitive shooting activity or lawful hunting activity.

As used in this subdivision (d), “firearm” means any firearm as defined in California Penal Code Section 16520(a), except: (i) a B-B gun device as described in California Penal Code Section 16250; or (ii) any other firearm the possession of which by minors is regulated by State law.
(e) This section shall not be deemed to make punishable the act of carrying or discharging a weapon in the lawful discharge of the duties of a public officer or private person duly licensed therefor; this section shall not be deemed to make punishable the

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Packet Pg. 350 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) 9 act of discharging a weapon in the lawful act of self-defense or defense of other persons. (f) This section shall not apply to the keeping of lawful weapons at a place of business or residence by a person eighteen years of age or older lawfully in possession of the weapons and lawfully in possession of the property. (g) This section shall not apply to the keeping or use of weapons on the premises of any lawful shooting gallery, practice range, skeet field, archery range, or similar place conducted at a fixed location and with regard to which adequate safeguards have been provided to protect persons and property from injury and pursuant to any applicable permits or governmental approvals required by the City. (h) No parent, guardian, or any adult person having the control, custody, or charge of any person under the age of eighteen years, shall knowingly permit, allow, or let said person to use or possess a weapon in violation of this section. (i) No person, including those with a valid concealed carry weapon license, shall bring into, possess, display, brandish, or discharge a weapon, as defined in California Penal Code Section 171b, including a concealed weapon, in or upon any of the following facilities or areas:
(1) Any City owned or leased building or other facility, excluding City owned or leased parking garages and parking lots open to the public; (2) The Santa Monica Pier;
(3) Any facility open to the public in which alcoholic beverages are consumed on the premises;
(4) Churches and other places of worship unless the operator of the church or place of worship clearly and conspicuously posts a sign at the entrance

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Packet Pg. 351 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) 10 of the building indicating that concealed carry weapon license holders are permitted to carry firearms on the property;
(5) Sporting events, concerts, shows, farmer’s markets, and other community events;
(6) Any public area in which First Amendment protected speech activities, labor picketing, demonstrations, or protests are being conducted; (7) Public parks and the beach, except to the extent a person lawfully in possession of a weapon may be continuously passing through the periphery upon a public sidewalk or street;
(8) Hospitals and clinics, as defined in Santa Monica Municipal Code Section 9.51.030(A)(8);
(9) Within or upon any privately owned property in which the owner or legal occupant has prominently posted signage at the entry points prohibiting firearms;
(10) For any activity for which a film permit is required pursuant to Municipal Code Section 6.110.030, no live ammunition nor firearm capable of firing live ammunition shall be possessed in the filming area. “Live ammunition” means a cartridge consisting of a case, primer, propellant powder, and a metallic projectile; “live ammunition” does not include simulated, paper, or marking ammunition.
(j) This section shall not apply to the following:
(1) Sworn law enforcement personnel on duty;
(2) Sworn law enforcement personnel off duty, upon showing law

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Packet Pg. 352 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) 11 enforcement identification upon entry or demand;
(3) Armed security under contract with the City and pursuant to the terms of the contract, or as may be permitted by the Chief of Police; and (4) Retired law enforcement officers authorized to carry weapons pursuant to 18 U.S.C. 926C, with proper identification. (k) The Council, by resolution, and/or the City Manager, by administrative regulation, may provide for and publish further security regulations and/or exceptions to implement this section, including, but not limited to, posting of signage to provide notice of these regulations.
(l) The Chief of Police is authorized to seize and impound any weapon which is kept, possessed, or used in violation of this section, or the ammunition or projectile thereof, and to hold the same for a period of up to thirty days or until claimed by its owner.

Such articles may not be returned to any person under the age of eighteen years but may be returned that person’s legal guardian or parent.
(m) This section shall not be deemed to make punishable an act or acts which are expressly allowed or preempted by any law of the State or the United States Constitution.
(n) Enforcement and Penalties. A violation of this section is a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Any person who violates this section shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code. The remedies provided in this section are not exclusive, and nothing in this section shall

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Packet Pg. 353 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) 12 preclude the use or application of any other remedies, penalties, or procedures established by law.

SECTION 4. Santa Monica Municipal Code Section 3.24.087 is hereby added to read as follows:

3.24.087 Liability Insurance Requirements for Firearms. (a) A person who resides in the City and owns or possesses a firearm in the City shall obtain and continuously maintain in full force and effect a homeowner’s insurance policy, renter’s insurance policy, firearms liability policy, or other liability insurance policy from an admitted insurer or insurer as defined by the California Insurance Code, specifically covering losses or damages resulting from any negligent or accidental use of the firearm, including but not limited to death, injury, or property damage. (b) For purposes of this section, a person shall be deemed to be the owner or in possession of a firearm, even if such firearm is lost or stolen, until such loss or theft is reported to the police department or sheriff for the jurisdiction in which such person resides.
(c) Any person subject to this section shall obtain the required insurance within ninety days of the effective date of this ordinance.
(d) This section shall not apply to the following:
(1) Those persons designated as peace officers pursuant to Chapter 4.5 of Title 3 of Part 2 of the California Penal Code Section 830, et seq.), including sworn peace officers, active reserve peace officers, and retired peace officers. (2) Those persons eligible to proceed without paying court fees and costs pursuant to California Government Code Sections 68632 (a) and (b).

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Packet Pg. 354 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) 13 (e) Each person required to maintain insurance under this section shall demonstrate compliance with the insurance requirement by completing and executing an attestation form provided by the City. Each such person shall state the name of the insurance company issuing the policy and the number of the insurance policy on the attestation form, sign the form under penalty of perjury, and keep the attestation form with the firearms where they are being stored. There is no requirement to submit the attestation form to the City; however, the attestation form shall be made available for inspection by a law enforcement official in the event a firearm owned by or in possession of a person required to maintain the attestation form is fired or brandished within the City, except when fired pursuant to Section 3.24.086(g), or lost or stolen. A new attestation form signed under penalty of perjury shall be completed in the event any of the information on the form changes.
(f) Any person who violates any provision of this section shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Any person who violates this section shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code.
(g) The remedies provided in this section are not exclusive, and nothing in this section shall preclude the use or application of any other remedies, penalties or procedures established by law.

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Packet Pg. 355 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) 14 SECTION 5. Santa Monica Municipal Code Section 3.24.088 is hereby added to read as follows:

3.24.088 Safe Storage of Firearms.
(a) As used in this section, the following definitions will apply:
(1) “Locked Container” means a secure container approved by the California Department of Justice for the storage of firearms, which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. A locked residence, room, closet, or locked vehicle, glove box, center console, or trunk alone shall not be considered a “locked container” for purposes of this section.
(2) “Firearm Safety Device” means a device, such as a trigger lock or cable lock, that is listed on the California Department of Justice’s roster of approved firearm safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm, or to the physical characteristics of the firearm that match those listed on the roster for use with the device, which shall prevent the firearm from being discharged while secured.
(3) “Residence” means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, in-law units, motels, hotels, single room occupancies, time-shares, garages, storage facilities, and recreational or other vehicles in which human habitation occurs. (4) “Vehicle” means any automobile, truck, bus, trailer coach, recreational vehicle, trailer, motorcycle, or vessel.

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Packet Pg. 356 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) 15 (b) No person shall keep a firearm within or upon a Residence or Vehicle unless the firearm is:
(1) Stored in a Locked Container or secured with a Firearm Safety Device;
(2) Carried on the person of the owner or other lawfully authorized user of the firearm who is over the age of 18; or
(3) Within close enough proximity and control that the owner or other lawfully authorized user of the firearm who is over the age of 18 can readily retrieve and use the firearm as if carried on the person.
(c) Any person who violates any provision of this section shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months or by both such fine and imprisonment. Any person who violates this section shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code.
(d) The remedies provided in this section are not exclusive, and nothing in this section shall preclude the use or application of any other remedies, penalties or procedures established by law.

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Packet Pg. 357 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) 16 SECTION 6. Santa Monica Municipal Code Section 3.24.089 is hereby added to read as follows:

3.24.089 Duty to Report Theft or Loss of Firearms.

Any person who owns or possesses a firearm (as defined in Penal Code Section 16520 or as amended) in the City shall report the theft or loss of the firearm to the Police Department within forty-eight hours of the time he or she knew or reasonably should have known that the firearm had been stolen or lost, whenever: (1) the person resides in the City of Santa Monica; or (2) the theft or loss of the firearm occurs in the City of Santa Monica.

SECTION 7. Santa Monica Municipal Code Section 3.24.090 is hereby added to read as follows:

3.24.090 Safe Harbor of Firearms.
(a) Any resident of the City, who is 18 years of age or older, and who has reason to believe that another person who resides in the same residential unit may present an immediate danger to themselves or any other person may voluntarily commit any firearms kept in that residence to the Police Department for safekeeping by contacting the Police Department and arranging for the commitment; this does not authorize any person to appear in person at the Police Department or any City facility with a firearm without having made prior arrangements with the Police Department. The Police Department shall not inquire or request the name of the person believed to be a danger for the voluntary commitment. The Police Department may reject a voluntary commitment if the Chief of Police determines there is insufficient secure space available for storage. (b) The Police Department shall return any committed firearms to the owner upon request and proof of ownership.

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Packet Pg. 358 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) 17 (c) Any committed firearms that the Chief of Police determines to be illegal to own, or possessed by, the person requesting their return shall not be returned unless the requester demonstrates that the requestor, or a party on behalf of the requester, may lawfully own or possess the firearm. Any person with a legal interest in a firearm held pursuant to this section, may petition a court for the return of said firearm within 90 day of the Chief of Police’s written determination that it is illegal for the requester to own or possess a firearm committed under this section.
(d) Committed firearms shall be held for a period not to exceed 180 days, unless the owner for the firearms requests an extension of the voluntary commitment in writing for up to one additional 180 day period.
(e) Any firearms that remain unclaimed following the time periods specified in this section, or are determined to be illegal to possess by the person claiming to be the owner, shall be destroyed without compensation or cost to the person claiming to be the owner or any other person.
(f) The Police Department is authorized to establish a records retention policy for voluntary commitment documents in a manner consistent with all applicable law, including, but not limited to, the California Public Records Act. Any such policy shall require the destruction of any records pertaining to a voluntary commitment as soon as permissible under applicable law and shall protect such records from disclosure to the greatest extent permitted under applicable law. The Police Department shall retain records documenting the destruction of any firearms, noting only the dates of commitment, time expirations, illegal status, serial numbers and firearm descriptions, and the fact of destruction.

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Packet Pg. 359 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) 18 (g) The Police Department shall prepare and make available regulations and forms to implement this section.

SECTION 8. Santa Monica Municipal Code Section 3.24.091 is hereby added to read as follows:

3.24.091 Privately Manufactured Weapons.
(a) It is the purpose and intent of this section that possession, purchase, sale, receipt, and transportation of non-serialized, unfinished frames, and unfinished receivers, which are then converted into privately manufactured non-serialized firearms within the City of Santa Monica be regulated for the protection, health, and welfare of the public, to further effective law enforcement, and to provide the City with reasonable measures to address the dangers to the community posed by non-serialized privately manufactured firearms, commonly known as “ghost guns.” This section is intended to be applied and interpreted consistent with state and federal law, as may be amended. (b) Definitions. For the purposes of this section, the following definitions apply:
(1) Federal Firearms Importer means a licensed firearm importer as defined in 18 U.S.C. § 921(a)(9), as may be amended.
(2) Federal Firearms Manufacturer means a licensed firearms manufacturer as defined in 18 U.S.C. § 921(a)(10), as may be amended. (3) Firearm has the same meaning as in California Penal Code Section 16520(a), as may be amended.
(4) Frame means the primary structural component of a firearm to which the fire control components are attached.
(5) Non-serialized firearm means a firearm that is either: (a) not

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Packet Pg. 360 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) 19 imprinted with a serial number issued to that firearm by a Federal Firearms Importer or Federal Firearms Manufacturer in compliance with federal law; or (b) not engraved or permanently affixed with a serial number provided by the California Department of Justice for that firearm.
(6) Receiver means the primary structural component of a firearm to which the fire control components are attached.
(7) Unfinished Frame means a piece of any material that does not constitute the completed frame of a firearm, but that has been shaped or formed in any way for the purpose of becoming the frame of a firearm, and which may be made into a functional frame of a firearm through milling, drilling, or other means. (8) Unfinished Receiver means a piece of any material that does not constitute the completed receiver of a firearm, but that has been shaped or formed in any way for the purpose of becoming the receiver of a firearm, and which may be made into a functional receiver of a firearm through milling, drilling, or other means.
(c) Prohibition Regarding Unfinished Frames or Unfinished Receivers. It is unlawful for any person to:
(1) Possess, purchase, transport, or receive an unfinished frame or unfinished receiver, unless the unfinished frame or unfinished receiver is imprinted with a serial number issued to that unfinished frame or unfinished receiver by a Federal Firearms Importer or Federal Firearms Manufacturer, or engraved or permanently affixed with a serial number provided by the California Department of Justice for that unfinished frame or unfinished receiver.

10.B.a
Packet Pg. 361 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) 20 (2) Sell, offer to sell, transfer, or offer to transfer an unfinished frame or unfinished receiver, unless the unfinished frame or unfinished receiver is imprinted with a serial number issued to that unfinished frame or unfinished receiver by a Federal Firearms Importer or Federal Firearms Manufacturer, or engraved or permanently affixed with a serial number provided by the California Department of Justice for that unfinished frame or unfinished receiver. (3) Exceptions. The prohibitions in Section 3.24.091(c)(1)-(2) shall not apply to:
(i) a Federal Firearms Importer or Federal Firearms Manufacturer; or (ii) an employee or sworn peace officer of a local, state, or federal law enforcement agency if the employee or sworn peace officer is acting within the scope of official duties; or
(iii) a common carrier licensed or regulated under state or federal law or an authorized agent of a common carrier when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property.
(d) Prohibition Regarding Non-Serialized Firearms. It is unlawful for any person to possess, purchase, transport, receive, sell, offer to sell, transfer, or offer to transfer a non-serialized firearm.
(1) Exceptions. The prohibitions in Section 3.24.091(d) shall not apply to:
(i) an employee or sworn peace officer of a local, state, or federal law enforcement agency if the employee or sworn peace officer is acting within

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Packet Pg. 362 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) 21 the scope of official duties;
(ii) a common carrier licensed or regulated under state or federal law or an authorized agent of a common carrier when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property;
(iii) a non-serialized firearm that has been rendered permanently inoperable;
(i) A non-serialized firearm that is an antique firearm as defined in Penal Code Section 16170, as may be amended;
(ii) A non-serialized firearm that is a collector’s item, curio, or relic under state or federal law;
(iii) A non-serialized firearm manufactured or assembled prior to 1968; or
(iv) A non-serialized firearm that has been entered into a centralized federal or state registry as being owned by a specific individual or entity if that firearm has been assigned to it a distinguishing number or mark of identification.
(e) Compliance with Penal Code Section 29180, as may be amended, shall be an affirmative defense to a violation of Section 3.24.091(d) (f) Any person who violates any provision of this section shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both

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Packet Pg. 363 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) 22 such fine and imprisonment. Any person who violates this section shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code.
(g) The remedies provided in this section are not exclusive, and nothing in this section shall preclude the use or application of any other remedies, penalties or procedures established by law.

SECTION 9. Santa Monica Municipal Code Section 3.24.091 is hereby added to read as follows:

3.24.091 Severability
If any section, subsection, sentence, clause, or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The Council hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 10. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

SECTION 11. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining

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Packet Pg. 364 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) 23 portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 12. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall take effect 30 days from its adoption.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

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Packet Pg. 365 Attachment: ORD-PD-Firearms 2023.0822 1st (5963 : Firearms Ordinance - First Reading) City Council
Report
City Council Meeting: August 22, 2023
Agenda Item: 10.C
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and First Reading of Ordinance Amending the Text of the Santa Monica Municipal Code Creating Article 13, Neighborhood Preservation, and Chapter 13.02, Property Maintenance, and Chapter 13.04, Vacant Properties and Moving Language Found in Chapter 8.96, Abatement of Nuisances, to New Chapter 13.06, Abatement of Nuisances, and Retitling Chapter 8.96 to Reserved
Recommended Action
Staff recommends that the City Council:

2. Introduce for first reading an Ordinance amending the text of the Santa Monica Municipal Code by creating new Article 13, Neighborhood Preservation, Chapter

13.02, Property Maintenance, and Chapter 13.04, Vacant Properties, and moving language found in Chapter 8.96, Abatement of Nuisances, to new Chapter 13.06, Abatement of Nuisances, and retitling Chapter 8.96 to Reserved.

8.96, Abatement of Nuisances from the Administrative Citation Fee Schedule.

Executive Summary
The expected lifespan for residential and commercial buildings is between 60 and 80 years. Many factors go into determining the lifespan of a building. This may include the

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upkeep of the building, the use for which the structure is put through, or the methods and materials in the construction process. Per LA County Assessor records, the average age of buildings in Santa Monica is 63 years old. As buildings age, ongoing maintenance and upkeep is needed to ensure the safety, habitability, and quality of life for all that occupy or use them.

In the past several years, the City has experienced an increase in concerns regarding the number of properties that are vacant. This has led to the diminishment in the perceived safety and aesthetics of the City. The proposed Ordinance creates new property maintenance requirements and establishes maintenance and security standards for vacant properties. These requirements would be located in a new Article 13, which would also include the public nuisance standards, currently found in Chapter

8.96. These new tools will enable Code Enforcement staff to better respond to the needs of the community and improve the look and safety of the community.

Background
Property Maintenance:

Effective property maintenance codes are necessary to preserve a property, keep it safe, and maintain its good condition for the owner, occupants, neighbors, and broader community. Well-maintained properties help to protect the overall health, safety, welfare, and general aesthetic appeal of a community. Property maintenance codes also preserve the supply of safe, affordable housing that is available to a community.

Currently, Code Enforcement staff responds to, and addresses calls for property maintenance concerns. These are frequently submitted through the City’s 311 system as well as by contacting the division directly via phone or email. Often, due to the lack of a comprehensive property maintenance ordinance, these concerns are referred to the Los Angeles County Department of Environment Health (County Health) for follow up.

However, per their website, County Health primarily responds to issues which affect the habitability of dwelling units. Non-habitability related issues and commercial and industrial properties are left with only minimal existing standards governing them. The

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City does not have effective, comprehensive tools to address many of these issues in the community.

Property maintenance concerns are the core of code enforcement, whose primary goal is to ensure the safety of buildings and the quality of life for all residents, workers, and visitors in Santa Monica. Staff believes that stronger, more in-depth property maintenance provisions are needed to better serve the community. Efficient and effective code enforcement is the best tool for ensuring that residents are able to live in a safe and secure environment. The current practice of referring property maintenance concerns to the County Health is not an efficient method of serving the community.

Code enforcement policy should neither burden the tenant with repair costs nor encourage building condemnation as a solution. Instead, code enforcement should encourage a landlord or property owner to improve conditions of their buildings.

Vacant Properties:

On November 1, 2016, a City Council Study Session on vacant properties was held.

Council reviewed and discussed staff’s findings and directed staff to return with a proposed Property Maintenance Ordinance, amending SMMC 8.96, Abatement of Nuisances, to include additional requirements, including new regulations on buildings or structures that are in a state of incomplete construction for an unreasonable period of time. At the time of the Study Session, there were 29 vacant properties in the city known to staff, and staff received 23 complaints related to nuisance conditions on 12 vacant properties over the previous twelve-month period.

Currently, staff have informally observed approximately 130 known or suspected vacant or substantially vacant properties in the City. For purposes of surveying the city, properties were considered substantially vacant if it is believed that fewer than half of the units in the building were occupied. The volume of complaints concerning vacant properties has also consistently increased, with 11 received in 2021, 31 received in 2022, and 37 received in the first half of 2023.

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Vacant properties can have an extremely detrimental impact on a neighborhood and the broader community. They pose significant costs to public health, property values, local taxpayers, and more. Failure to address problem properties costs more in the long run and causes more harm over time. Vacant and abandoned properties have negative spillover effects that impact neighboring properties and, when concentrated, entire communities and even cities. Research links foreclosed, vacant, and abandoned properties with reduced property values, increased crime, increased risk to public health and welfare, and increased costs for municipal governments. Impacts can include:
• Emotional wellbeing1: Visual evidence of vacancy and neighborhood disinvestment—such as boarded up properties, trash and dumping, and overgrown weeds—has been shown to harm the mental health of neighbors, putting them at greater risk of sadness, depression, stress, and elevated rates of intentional injury.
• Violence and crime2: Studies have shown that violent crime, including assaults and gun-related crimes, increase in disinvested neighborhoods with vacant and abandoned properties.
• Property equity3: Research has consistently shown that vacant, abandoned, and deteriorated properties reduce the value of surrounding properties, leading to decreases in owners’ equity and personal wealth.
• Municipal revenue4: Property taxes are often one of the largest sources of revenue for local governments. Research has shown vacant and abandoned properties lead to a decrease in taxable values of surrounding properties and increase the likelihood of mortgage and tax foreclosures nearby creating a harmful domino effect that creates revenue challenges for local governments. 1 Burt, Cassidy J., Michelle C. Kondo, Bernadette C. Hohl, Catherine H. Gong, Gregory Bushman, Caroline Wixom, Eugenia C. South, et al. “Community Greening, Fear of Crime, and Mental Health Outcomes.” American Journal of Community Psychology 69, no. 1-2 (2021): 46–58. https://doi.org/10.1002/ajcp.12544.
2 https://repository.upenn.edu/server/api/core/bitstreams/f2882488-9d59-4553-8202- 0e43557da55e/content
3 Whitaker, Stephan D., and Thomas J. Fitzpatrick IV. 2011. “The Impact of Vacant, Tax-Delinquent, and Foreclosed Property on Sales Prices of Neighboring Homes.” Federal Reserve Bank of Cleveland, Working Paper No. 11-23. https://doi.org/10.26509/frbc-wp-201123 4 https://communityprogress.org/wp-content/uploads/2021/08/2017-03-The-Cost-of-Vacant-and-BlightedProperties-in-Pittsburgh-2-TA-Report.pdf

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• Maintenance and abatement costs5: Local governments incur the costs of remedying nuisances and unsafe conditions, including boarding and securing structures, cutting grass, removing trash and debris, and demolishing unsafe structures.
• Public safety costs6: Higher violent and property crime rates and the associated costs to dispatch police and fire services to respond to these crimes are commonly associated with vacant and abandoned properties.

Below are two maps with the locations of known or suspected vacant properties overlaying the density of calls for service to the Santa Monica Police and Fire Departments. There appears to be a strong correlation between locations of vacant properties and the number of calls for police services placed between January and November 2022. There does not appear to be as strong of a correlation between vacant properties and calls for service to the Fire Department during this same time frame. 5 https://communityprogress.org/wp-content/uploads/2021/08/2016-06-A-Conservative-Analysis-of-CostsImposed-by-Vacant-and-Blighted-Properties-in-Toledo-TASP-Report.pdf 6 https://files.hudexchange.info/resources/documents/VacantPropertiesTrueCosttoCommunities.pdf

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Police Calls for Service (January – November 2022) Compared to Properties Identified as Potentially Vacant (November 2022)

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Fire Calls for Service (January – November 2022) Compared to Properties Identified as Potentially Vacant (November 2022)
While the County does address habitability-related property maintenance concerns, they do not engage in the City’s Tenant Relocation Program. This requires staff to perform inspections of properties, make habitability determinations, and begin the relocation process when appropriate. These tasks are very time consuming and resource intensive. Currently, the Code Enforcement division is understaffed, with three field staff positions currently vacant. Once fully staffed, the Division will still have fewer positions than before the pandemic. The Division is also tasked with enforcement programs that did not exist pre-pandemic, further straining the ability of the Division to efficiently respond to community concerns.

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Despite the likelihood that the Division’s workload will increase due to the proposed changes to the Code, staff believes that these changes are vital. Ensuring properties are clean and well-maintained are in line with the Clean and Safe Santa Monica council priority. Additionally, the proposed changes will enable the City to better protect and preserve the City’s housing stock and increase the overall quality of life leading to greater sustainability for all Santa Monicans.

Past Council Actions
In May 2016, the City Council directed staff to begin researching methods to regulate vacant properties in the City. On November 1, 2016, a City Council Vacant Property Study Session was held. Staff returned to the March 7, 2017 City Council meeting with an amendment that added basic security requirements for vacant properties to Chapter

8.96. Additionally, language was adopted which created some broad maintenance standards for all properties in the City as well as made it a public nuisance for buildings to be left in a state of incomplete construction or remain damaged for a period of six months or more. These standards went into effect in May 2017.

Meeting Date Description
May 10, 2016
(attachment A)

13.B Request of Mayor Vazquez and Councilmember
Himmelrich that staff return with proposals for regulation of vacant buildings in Santa Monica, including proposals for registering vacant building, regulating the maintenance of vacant building, and requiring that the owner of building with a valid permit for rehabilitation, repair, or construction of a building complete the rehabilitation, repair, or construction within eighteen months or a specified time certain from the date the permit was issued. Attached is the San Francisco Building Code amendment as an example of desirable amendments and
additions
November 1, 2016
(attachment B)
Vacant Property Study Session
March 7, 2017
(attachment C)
Property Maintenance Ordinance Amendments
March 28, 2017
(attachment D)
Second Reading and Adoption of Ordinance Amending Chapter

8.96 of the Santa Monica Municipal Code to Enhance Public Nuisance Regulations

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Discussion
The Santa Monica Municipal Code has several basic property maintenance provisions, but they are found throughout the Code, and not centralized in one specific code section. This makes it difficult for any person to look up and find the standards for maintenance of a property. Chapter 8.96 (Abatement of Nuisances) primarily focuses on behaviors and conditions which constitute a public nuisance. The regulations tend to be very broad and cover conditions which are imminent threats to the health, safety, or well-being of a community. The applicable standards set in Chapter 8.96 focus on conditions where a property has already substantially deteriorated and do not help address the prevention of deterioration. Article 9, the Zoning Code, also has several requirements regarding the ongoing maintenance and upkeep of exterior areas of properties, such as landscaping, which affect the aesthetic appeal of a property.

Chapter 13.02 (Property Maintenance) and Chapter 13.04 (Vacant Properties) set clear standards which help prevent the deterioration of properties, and protecting the health, safety, and welfare of the entire community.

Property Maintenance: Many of the existing property maintenance provisions are found in Chapter 8.96, Abatement of Nuisances, but they are interspersed with other nonproperty maintenance related nuisances.

The proposed amendment removes these provisions from Chapter 8.96 and consolidates them into new Chapter 13.02 that is solely focused on property maintenance issues. Additionally, the new Chapter expands upon and adds new maintenance standards that are more specific and identifiable than what is currently found in the municipal code. References to other applicable municipal code sections are included in the proposed ordinance. While existing code provision primarily focus on issues visible from the exterior of a building, the proposed changes also provide more in-depth protection for the interior of structures, thus better protecting the habitability and safety of residents. A brief overview of the proposed Property Maintenance provisions is below:

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Violations Designated (13.02.060)
This section identifies specific conditions that would be violations of the property maintenance provisions. These include:
• Attractive nuisances
• Deteriorating and defective structures
• Rodent, insect, pest infestation
• Fire hazard
• Hazardous and unsanitary conditions, including mold and mold-like substances • Improper parking or storage of goods, equipment, and vehicles • Inadequate or deficient mechanical equipment, plumbing, electrical, • Inadequate sanitation and ventilation
• Non-maintenance of landscape and hardscape
• Overgrown, dying or dead vegetation
• Polluted water
• Refuse and waste
• Structural hazards
• Substandard housing conditions
• Clarification of when the city may deem a dwelling unit uninhabitable Violations and Penalties (13.02.080)
This section clarifies that violations of Chapter 13.02 are subject to administrative citations, in addition to any other remedy allowed by law.

Environmental Testing, Remediation, and Reporting (13.02.090) This section allows the Building Officer or Code Enforcement Manager to require environmental testing to be performed by a licensed professional before and/or after repairs have been made for issues such as mold and excessive moisture. This testing is to be performed at the sole expense of the responsible party. This is similar to language found in SMMC Section 8.08.030.k, which permits the Building Officer to require testing of materials or methods of construction to determine compliance with the intent of the

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Code. Authority to require environmental testing will enable the City to better ensure that the required repairs were performed correctly and thoroughly.

Vacant properties: The proposed vacant property standards hold vacant properties to the same basic maintenance standards as any other property in the city but adds additional security requirements that will help ensure the safety and welfare of the community. The proposed Vacant Properties chapter places more onerous regulations on owners of vacant properties with the goal of encouraging owners to keep them occupied or proceed with construction in a timely manner, thus keeping them from becoming vacant in the first place. A summary of the proposed language is below:

Applicability (13.04.020)
This section clarifies that Chapter 13.04 applies to all vacant properties in the City, irrespective of the zoning designation. Properties that are offered for sale or rent are not subject to the vacant property requirements provided they are maintained in strict compliance with Chapter 13.02, Property Maintenance.

Definitions (13.04.030)
This section provides definitions for specialized terms that are used throughout the rest of the chapter.
• Vacant Properties are now defined as any property that is unoccupied for more than 90 days or where construction has substantially ceased for 90 days or more.

Properties where fewer than 35% of the units are occupied are considered to be substantially vacant and are subject to the provisions of the proposed ordinance.

General Vacant Property Standards (13.04.040)
This section establishes the requirements that are applicable to all vacant properties in the City of Santa Monica and requires all vacant properties to be maintained in conformance with the property maintenance standards found in the proposed Chapter

13.02 (Property Maintenance)

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General Maintenance Requirements – All vacant properties will be required to adhere to certain maintenance standards including:
• Weeds, trash and debris must be removed, and landscaping must be maintained. • Groundcover, hardscape, and/or softscape must be installed and maintained. o Any hedges or bushes must be trimmed to no higher than 42” to allow for a clear view to the interior of the property or in compliance with provisions of SMMC 9.21.050 Fences, Walls and Hedges.
• Pest and rodent infestations must be promptly abated. • Curtains, blinds, or other window treatments must be removed from ground floor windows to allow a clear view to the interior of any structures. This allows law enforcement personnel to quickly see what type of activity may be taking place inside of a vacant structure.
• All furniture or personal property must be removed from the interior of any structure. If law enforcement personnel inspect a vacant property, look through the windows, and see personal items or furniture, they will have reason to believe that the property is being accessed by transients.

General Security Requirements - All vacant properties will be subject to certain security requirements, including:
• Installation of Fencing – If the Director of Community Development determines it to be necessary, vacant properties can be required to be enclosed with a fence that is six-feet tall and non-view obscuring. This requirement would only affect those properties that pose ongoing threats to the health, safety, and welfare of the broader neighborhood. Well-maintained properties that are not sources of problems to the community would not be required to be fenced. The required fences can be made of wood, wrought iron, or other approved material.

Temporary chain-link fences that are easily removeable and are often set into footings that are placed on the ground, rather than having the posts securely sunk into the ground are not permitted under the proposed language.

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• Securing doors and windows of vacant properties with clear polycarbonate material (clearboarding) on sides facing streets and alleys. Plywood is permitted to be used on all other sides.
• A combination lock must be installed on all gates or entrances. The current combination would need to be on file with the Police Department as part of the current, valid Trespass Arrest Authorization form.
• No Trespassing Signs – Signs shall be posted so as to be visible from all public rights-of-way.
• Trespass Arrest Authorization – A current Trespass Arrest Authorization form is required to be on file with the Santa Monica Police Department during the entire period of vacancy.
• Motion-Activated lighting must be installed and maintained at all entrances and exits from dusk until dawn.
• Documentation of security measures – The owner must provide written documentation of all security measures taken, including alarms, cameras, roaming or on-site security. The Director is granted the authority to modify the security requirements based on the particular facts of each property. • All non-occupied units in a multi-family building must be secured against entry by non-authorized persons.

Violations and Penalties (13.04.050)
This section specifies that vacant property violations are subject to administrative citations as well as the Nuisance Abatement provisions found in Chapter 13.06.

Community Safety and Protection (13.04.060)
This section provides flexibility for property owners to request that the City waive certain requirements for warranted situations. Waivers for any or all of the vacant property standards may be requested by submitting a form to the Director, who can approve the request if it is determined that approving the request would not result in harm to the surrounding community.

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Abatement of Nuisances: Chapter 13.06 contains existing language currently residing in Chapter 8.96 of the Code, except for those provisions that are recommended to be included in Chapter 13.02. Staff recommends moving this language from 8.96 to 13.06 to better organize the Code. Staff believe that these provisions are better suited for new Article 13, Neighborhood Preservation, than in Article 8, Buildings, where they are currently found. Many of the violations in this chapter involve issues that are outside of the Building Code, thus warranting relocation.

Future Actions
In previous City Council meetings, staff was given direction to create a vacant property registration program. The current proposed ordinance does not include this, but it is an idea that staff believes is worth revisiting. Vacant property registration programs became much more commonplace during and immediately after the foreclosure crisis of the mid- to late-2000s. Since 2016, there has been a 400+% increase in the number of known or suspected vacant properties in Santa Monica. These properties are found in residential, commercial and industrial areas. The lack of ongoing and sustained maintenance requires a systematic program be put in place to ensure these properties do not remain or become a blight on the community.

The currently proposed amendments establish basic standards for which all properties can be held accountable to. However, even with the implementation of the changes proposed in this report, it requires heavy investment of time and effort by staff of Code Enforcement, Police, and Fire. A vacant property registration program will allow staff to establish fees for vacant properties that will enable the City to recover costs associated with the ongoing monitoring of these properties to ensure properties meet the minimum established standards. Staff asks that the City Council provide direction to return at a future date with a proposed vacant property registration program which includes fees for cost recovery purposes.

Environmental Review
The proposed amendments are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308 (Actions by Regulatory Agencies for

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Protection of the Environment) and Section 15061(b)(3) (Common Sense Exemption) of the CEQA guidelines. Section 15308 exempts (Class 8) actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Section 15061(b)(3) states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment”.

The proposed Ordinance creates new property maintenance requirements and establishes maintenance and security standards for existing vacant properties, enabling Code Enforcement staff to better respond to the needs of the community and improve the look and safety of the environment. Therefore, the Ordinance is exempt from CEQA pursuant to Section 15308 and Section 15061(b)(3) of the CEQA Guidelines.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the proposed changes to the Code. Staff will return to Council if specific budget actions are required in the future. The recommended actions do include changes to the Master Fine Schedule. Violations of the property maintenance and vacant properties chapters would be added to the administrative citation fine schedule. Violations of the property maintenance provisions may result in fines ranging from $500 to $2,000. Vacant property and public nuisance violations can result in fines ranging from $1,000 to $5,000. The fines for violation of Chapter 8.96 will likely be removed from the fine schedule as that chapter would be removed from the Code.

Prepared By: Daniel Mick, Code Enforcement Manager
Approved Forwarded to Council

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Attachments:

A. Ord-CDD-Property Maintenance and Vacant Properties 082223 B. Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties C. Exhibit 2 - Taxicab
D. Exhibit 3 - Parking Citation
E. Exhibit 4 - False Alarm Fines
F. Exhibit 5 - Library Fines
G. Revisions to Fine Schedule

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1 City Council Meeting: August 22, 2023 Santa Monica, California ORDINANCE NUMBER ______________(CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CREATING ARTICLE 13, NEIGHBORHOOD PRESERVATION, AND CHAPTER 13.02, PROPERTY
MAINTENANCE, AND CHAPTER 13.04, VACANT PROPERTIES, AMENDING SECTION 1.08.010 TO ADD ARTICLE 13 TO THE LIST OF VIOLATIONS SUBJECT

TO ADMINISTRATIVE FINES AND PENALTIES, AND MOVING LANGUAGE FOUND IN CHAPTER 8.96, ABATEMENT OF NUISANCES, TO NEW CHAPTER 13.06, ABATEMENT OF NUISANCES, AND RETITLING CHAPTER 8.96 TO RESERVED.

WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to enact, amend, and enforce ordinances to promote social, economic, or aesthetic considerations and/or that regulate conditions which may be public nuisances or create health hazards. The City has determined that many of the existing provisions of the Santa Monica Municipal Code (SMMC) that address unmaintained and vacant properties are in need of amendment in order to provide City staff with greater enforcement flexibility and address emerging and evolving problems within the community; and WHEREAS, Government Code Section 38771 permits cities to identify public nuisances by ordinance; and
WHEREAS, on March 7, 2017, the Santa Monica City Council adopted Ordinance 2335 (CCS) which amended Chapter 8.96 of the Santa Monica Municipal Code by adding language which established maintenance and security provisions for vacant properties; and

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Packet Pg. 382 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 2 WHEREAS, on March 11, 2023, the City Council reiterated its support for the Clean and Safe Santa Monica initiative, which creates an atmosphere marked by clean and safe public spaces and neighborhoods; and
WHEREAS, the amendments to Chapter 8.96, and the addition of Chapters 13.02,

13.04, and 13.06 are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA guidelines. Section 15061(b)(3) states the CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this case, the proposed municipal code amendments will create updated standards for properties to prevent negative impacts on neighborhoods.

Additionally, many of the provisions and requirements already exist and are being located and strengthened to Article 13 of the SMMC. Preserving neighborhoods and residential quality of life will result in no environmental impacts and will maintain the environmental status quo.

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

SECTION 1. Section 1.08.010 of the Santa Monica Municipal Code is hereby amended to read as follows:

1.08.010 Violations, penalty options.
(a) Criminal Sanctions. It shall be unlawful for any person to violate any provision, or to fail to comply with any of the requirements of this Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code, shall be guilty of a misdemeanor, unless otherwise provided. Any person convicted of a

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Packet Pg. 383 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 3 misdemeanor under the provisions of this Code, shall be punishable by a fine of not more than five hundred dollars, or by imprisonment in the City or County Jail for a period not exceeding six months, or by both such fine and imprisonment. Any offense which would otherwise be an infraction is a misdemeanor if the defendant has been convicted of the same offense three or more times within the twelve month period immediately preceding the commission of the offense and the convictions are alleged in the accusatory pleading.

For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by such person and shall be punishable accordingly. (b) Civil Actions. The City Attorney may bring an action in a court of competent jurisdiction to enjoin a violation of any provisions of this Code or any other ordinance of the City, or to enforce administrative penalties or fines imposed. (c) Administrative Fines and Penalties. The City may impose administrative fines or penalties for any of the following acts or omissions:
(1) All violations of Articles 3, 4, 5, 6, 7, 8, and 9, and 13 of this Code. (2) Failing to comply with any condition or requirement imposed on or by any entitlement, permit, contract or environmental document issued or approved by the City.

Administrative fines may be imposed, enforced, collected, and reviewed in accordance with the provisions of Chapter 1.09. Administrative penalties may be imposed, enforced, collected and reviewed in compliance with the provisions of Chapter 1.10. (d) Nuisance Abatement. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code

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Packet Pg. 384 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 4 shall be deemed a public nuisance and may be, by this City, abated as such, and each day such condition continues shall be regarded as a new and separate offense. (e) Alternative Remedy. Nothing in this Section shall prevent the City from using one or more other remedies to address violations as established by this Code.

SECTION 2. Santa Monica Municipal Code is hereby amended by adding new Article 13 to read as follows:

ARTICLE 13 NEIGHBORHOOD PRESERVATION
CHAPTER 13.02 PROPERTY MAINTENANCE

13.02.010 Purpose.

The purpose of this Chapter is:
(a) To set forth and enforce minimum standards relating to the management of activities conducted or conditions on real property to protect the public health, safety, and welfare; and
(b) To put in place remedies which will permit the City to take effective, efficient administrative or other legal action against property owners and other responsible parties who cause, permit, or suffer nuisance creating behaviors or conditions to occur on their properties on a continuing basis, in order to compel such parties to abate the nuisance; and.
(c) The provisions of this Chapter are complementary, cumulative, supplementary, and additional to any other legal remedies available, whether found in this Code, State or Federal laws, regulations, or case law.

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Packet Pg. 385 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 5 13.02.020 Application.

The provisions of this Chapter shall apply to all real property throughout the City wherein any of the conditions hereinafter specified are found to exist; provided, however, that any condition which would constitute a violation of this Chapter, but which is duly authorized under any other City, State or Federal law, shall not constitute a violation.

13.02.030 Definitions.

If a word is not defined in this Chapter, then the applicable definitions in Article 9 or other specific cited Code section shall apply. If a word is not defined, then the most common dictionary definition is presumed to be correct:
(a) “Attractive nuisance” means any condition or item that is left unprotected and accessible, including any unsecured or unsanitary pools and abandoned or broken equipment or machinery, and any other condition which may reasonably be expected to attract young children under the age of 13 to the premises who would be at risk for injury by playing with, in, or on it, and thereby dangerous to young children by reason or their inability to appreciate the peril therein. (b) “Conveyance” means any elevator, dumbwaiter, escalator, moving platform lift, stairway chairlift, material lift or dumbwaiter with automatic transfer device, automated people mover, or other similar equipment.
(c) “Director” means the Director of Community Development, or designee. (d) “Dwelling unit” means the same as this term is defined in Chapter 9.52 of this Code. (e) “Enforcement Officer” means the same as this term is defined in Chapter 1.09 of this Code.

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Packet Pg. 386 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 6 (f) “Graffiti” means any writing, printing, symbol, figure, design, painting, marking, inscription, or other defacement that is written, sprayed, painted, scratched, etched, engraved, drawn, marked, or otherwise applied to any exterior surface of a building, wall, window, fence, tree, sidewalk, curb, or other structure without the prior consent of the owner or person in possession.
(g) “Habitable room” or “habitable space” means any space in a building intended for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable rooms. (h) “Hardscape” means the man-made features used in landscape architecture, e.g. paths or walls, as contrasted with vegetation. This term includes, but is not limited to, paved areas, driveways, retaining walls, sleeper walls, stairs, walkways, and any other landscaping made up of hard-wearing materials such as wood, stone, and concrete.
(i) “Improvement” means any structure that is located on real property. (j) “Inoperable vehicle” means any motor vehicle that is mechanically incapable of being driven or prohibited from being operated on a public street or highway pursuant to the provisions of the California Vehicle Code. (k) “Landscape” means an area set aside from structures and parking/driveway uses, which is developed to include predominately living, thriving, trees, vines, shrubs, flowers, grasses, and other plants. Porous materials, such as rock, mulch, decomposed granite, and synthetic turf, can be used in conjunction with living plant materials; however, landscaped areas must be predominantly of living materials and in compliance with Article 9 of this Code.

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Packet Pg. 387 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 7 (l) “Materials of construction” means any man-made or natural material which is used is the construction of and contributes to the structural integrity of any building or structure.
(m) “Multiple-Unit Dwelling” means the same as this term is defined in Section

9.51.020 of this Code.
(n) “Operator system” means any device which assists the opening, closing, or locking or unlocking of a door, garage door, or gate. This includes, but is not limited to, call boxes, door phones, intercom systems, and remote entry systems for MultipleUnit Dwelling properties. (o) “Owner” means the same as defined in Section 1.12.220 of this Code. (p) “Parkway” means all that area exclusive of sidewalk lying between a property line and any curb.
(q) “Premises” means any real property or improvements thereon. (r) “Property” includes real property and means any land, and anything growing on, permanently affixed to, or built upon the land.
(s) “Responsible person” or “responsible party” shall mean any individual or entity who is responsible for causing or maintaining a violation of this Code, or applicable state codes. The terms “person,” “responsible person” or “responsible party” include, but are not limited to, a property owner, tenant, person with a legal interest in real property or person in possession of real property, the president or other head of a corporation or a person authorized by a corporation to receive service of process in a civil action, a business owner or manager of a business. “Structure” means anything constructed or erected, regardless of permitting status, the use of which requires

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Packet Pg. 388 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 8 attachment to the ground or attachment to something located on the ground. For the purposes of this Chapter, the term “structure” includes “buildings.” (t) “Structure exterior” means any exterior wall, wall covering, foundation, roof, or other exterior portion of any structure. This definition only applies to exterior decks if the deck was required to be built with a building permit or if it is physically attached to the main structure.
(u) “Structure interior” means any interior wall, floor, ceiling, roof, or other portion of any structure that is structurally related. This definition shall not apply to items including, but not limited to, floor covering, kitchen or bathroom cabinetry, sinks, toilets, and light fixtures.
(v) “Substantial deterioration” means serious neglect in maintaining or repairing a building or structure that results in a noticeable decline in the physical quality of the building façade, building features, structural or non-structural elements and weatherproofing.
(w) “Weeds” means any plant that is growing where it is not wanted.

13.02.040 Responsibility for maintenance
(a) Every owner, occupant, lessee, or holder of any possessor interest of real property within the City is required to maintain such property so as not to violate the provisions of this Chapter. The owner of the property shall remain liable for violations hereof regardless of any contract or agreement with any third party regarding such property or the occupation of the property by any third party.
(b) It shall be unlawful for any owner, occupant, lessee or holder of any possessor interest of real property within the City to create or maintain a violation on such property.

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Packet Pg. 389 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 9 13.02.050 Violations Generally.

Anything that is detrimental or injurious to health; obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property; or obstructs the free passage or use in the customary manner of any public park, sidewalk, parkway, street or highway is a violation of this Chapter.

13.02.060 Specific Violations.

It is unlawful and it is declared to be a violation of this Chapter for any person owning, renting, leasing, occupying, managing, or having charge or possession of any property within the City to maintain such property in such a manner that any of the conditions listed below are found to exist. This section is not the exclusive definition or designation of what constitutes a violation within this City. It supplements and is in addition to other regulatory codes, statutes, and ordinances enacted by the City, State, or any other legal entity or agency having jurisdiction. Violations of this Chapter include the following:
(a) Any imminent life safety hazard which creates a present and immediate danger to life, property, health, or public safety.
(b) The storing or allowing the storage of any abandoned or broken appliances and equipment or neglected machinery on private property or the parkway for more than 48 hours including, but not limited to any condition which constitutes an attractive nuisance whether within a structure or on the premises. Any appliances, equipment, machinery, or accumulation of materials shall be removed immediately upon notification by the Director. Appliances left unsecured outside for disposal shall have all doors removed.

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Packet Pg. 390 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 10 (c) Deteriorating and Defective Structures. Any and all improvements located on any property shall be presumed to be in violation of this section if any of the following conditions exist:
(1) Peeling paint in excess of an aggregate total of four-square feet of the entire façade (i.e., any exterior side) of a structure; (2) Excessive cracked, crumbling, loose, or broken stucco or other exterior wall coverings or interior covering as determined by the Director; (3) Structure exteriors that are improperly maintained, neglected, or damaged, or in need of repairs (e.g., weatherproofing, insect extermination or water intrusion);
(4) Any floor covering, including carpet, tile, and wood flooring, that presents a trip and fall hazard due to being improperly maintained, missing, or damaged;
(5) Any structure that is in a state of substantial deterioration which is visible from the public right-of-way;
(6) Broken, cracked, or missing windows or doors;
(7) Damaged, poorly fitting, or missing window screens, or screens covering vent areas (under floors, in ceilings), or damaged, poorly fitting screens for entrance or balcony doors, or deteriorated metal security doors; (8) Roofs missing shingles, tile, or other material used as roof composition or the material is loose, damaged, substantially deteriorated, or unstable; (9) Roof and flashing that is not sound, tight and weatherproof. Roof drainage that fails to prevent dampness or deterioration in the walls or interior portion

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Packet Pg. 391 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 11 of the structure. Roof drains, gutters and downspouts that are not maintained in good repair and free from obstructions. Roof water that is discharged in a manner that creates a public nuisance;
(10) Improperly maintained awnings, canopies, sunshades, sills, trellises, and other similar architectural features that are damaged, deteriorated and/or in disrepair; (11) Fences, walls, posts, cross-members, slats, and gates that are not plumb and true, not in good repair, rotted, fire damaged, have peeling paint, broken bricks, broken mortar, cracked or broken stucco, or are not constructed of materials treated in a uniform manner;
(12) Exterior gates, gate assemblies, operator systems if provided, hardware, and latches that are not maintained in good repair or proper operating condition; (13) Fences, walls, and hedges not maintained according to the standards set forth in Section 9.21.050 of this Code;
(14) Unpainted structures experiencing dry rot, termite infestation, or warping; (15) Any decoration, design, device, fence, structure, or clothesline which is deteriorated or in disrepair and unsightly by reason of its condition and is out of harmony or conformity with the maintenance standards of adjacent or surrounding properties so as to cause a diminution of the enjoyment, use or property values of such proximal properties, or its inappropriate location as determined by the Director or a designated City official;
(16) Graffiti on private property that is visible from the public right-of-way or any adjacent property;

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Packet Pg. 392 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 12 (17) Any building or structure which meets the definition of an unsafe building or structure as provided in the California Building Code, or any successor provision, adopted pursuant to Santa Monica Municipal Code Section 8.08.010; (18) Any building or structure left in a state of incomplete construction, partial demolition, or left damaged by vandalism, fire, earthquake, or other similar acts, for a period of six consecutive months, excluding such time when work is in progress pursuant to a valid building or other construction permit;
(19) Any building or structure which meets the definition of a dangerous building as provided in Section 302 of the Uniform Code for the Abatement of Dangerous Buildings, or any successor provision, adopted pursuant to Article VIII of the Santa Monica Municipal Code;
(20) Any building or structure which meets the definition of a substandard building as provided in Section 17920.3 of the Health and Safety Code, or any successor provision;
(21) A conveyance in any Multiple-Unit Dwelling, mixed use, or commercial building that is found to be inoperable, or not maintained in a proper, safe, and good working condition;
(22) Faulty materials of construction in any improvements including those materials which are not allowed or approved by the Building Code as adopted by the City and as reported to the Director by the Building Official, or which have not been maintained in a good and safe condition; or

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Packet Pg. 393 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 13 (23) Buildings and structures, or portions of buildings and structures, that do not conform to applicable laws in effect at the time of installation or which has not been maintained in good condition and used in a safe manner; (d) Rodent, Insect, Pest Infestation. Harborage and infestation of rodents, insects, and pests. When found, these conditions shall be exterminated by a licensed professional in a manner that is not injurious to human health. After extermination, documentation of treatment by a licensed professional shall be provided to the Director, and proper precautions and measures shall be taken to prevent future harborage and infestation.
(e) Fire Hazard.
(1) All violations of applicable conditions of the Fire Code as adopted by the City in Santa Monica Municipal Code Section 8.40.010, and as reported to the Director by the Santa Monica Fire Department.
(2) Failure to install or properly maintain any required carbon monoxide detector.
(3) Failure to install or maintain any fire or smoke alarm or fire suppression system in good working order.
(4) All dry, dead shrubs, dead trees, combustible refuse and waste, or any material growing or found upon public or private property, which by reason of their size, condition, manner of growth, or location endangers the public safety by creating a fire hazard to any structure, improvements, crops, or other property, or when dry will, in reasonable probability, create a fire hazard.
(5) Any condition which poses a fire hazard.

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Packet Pg. 394 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 14 (f) Hazardous and Unsanitary Conditions.
(1) Discharging, releasing, or allowing the accumulation of any human or animal waste material or substances, stagnant water, or any combustible or hazardous materials or substances, fluid or solid on any part of or in any structure on real property.
(2) The presence of any visible mold or mold-like substance, as determined by a health officer or code enforcement officer in any habitable room, or a non-minor level of mold in any non-habitable room. Odor is an indicator of the presence of mold, but not a diagnostic; if a musty odor is detected, visual confirmation of a “mold-like substance” is required.
(A) This section shall not apply to:
(i) Conditions that are caused or perpetuated by the actions or inactions of the inhabitants of the dwelling unit, including sanitary or housekeeping practices; or
(ii) the presence of minor mold that is found on surfaces that can accumulate moisture as part of their functioning and intended use; or (iii) the presence of mold or mold-like substance if observed on household items (e.g., clothing, upholstery, food).
(3) Any condition which renders air, food, or drink unwholesome, unsanitary, or detrimental to health.
(4) All violations of applicable conditions of the Health Code as adopted by the City in SMMC Section 5.08.370, and as reported to the Director by the Los Angeles

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Packet Pg. 395 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 15 County Department of Public Health, or any similar agency providing services to the City under the Health Code.
(g) Improper Parking or Storage of Goods, Equipment, and Vehicles. (1) Any violation of SMMC Chapter 9.28 Parking, Loading and Circulation or any other Zoning Ordinance provisions pertaining to parking or storing vehicles and equipment on private or public property.
(2) Using or allowing use of any hardscape area for parking which prevents or hinders access to elevators, entrances, exits, or trash receptacles or blocks access to any structure for emergency vehicles or personnel.
(3) The keeping, storage, depositing or accumulation on the premises for an unreasonable period of time of any personal property including, but not limited to, abandoned, wrecked, dismantled or inoperative vehicles, abandoned, wrecked, dismantled, or unseaworthy boats or vessels, automotive parts and equipment, appliances, furniture, containers, packing materials, scrap metal, wood, building materials, junk, rubbish, debris, dirt, sand, gravel, concrete or other similar materials which is within the view of persons on adjacent or nearby real property or the public rightof-way and which is detrimental to the public health, safety and general welfare. However, building materials being used or to be used for a project of repair or renovation for which a building permit has been obtained may be stored for such period of time as is necessary expeditiously to complete the project.
(4) Outdoor storage in violation of SMMC Section 9.21.100. (h) Inadequate or Faulty Mechanical Equipment.

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Packet Pg. 396 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 16 (1) Lack of safe, adequate heating facilities in any dwelling unit or units, hotel, or motel.
(2) Heating and Ventilation
(A) Minimum Heat Requirements in Residential Rental Units. (i) Every occupied residential unit, as established in SMMC Section 9.51.020, shall be provided with heating facilities capable of maintaining a minimum room temperature of 70 degrees Fahrenheit at a point three feet above the floor in all habitable rooms. All individual heating facilities must be fixed and permanently attached and properly wired. Wiring for heaters shall conform to the California Electrical Code. (ii) Such heating facilities shall be installed and maintained in a safe condition and in accordance with the Building Code and all other applicable laws.
(B) Buildings in which the heating system is not under the control of the tenant or occupant shall comply with Section 11.20.470 of the Los Angeles County Code.
(C) The use of space heaters as the primary source of heat shall not be permitted without prior written consent from the Building Official and Fire Marshall.
(3) Mechanical equipment and required screening, including vents, that does not conform with all applicable laws in effect at the time of installation, or which have not been maintained in good and safe condition.

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Packet Pg. 397 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 17 (4) All violations of applicable conditions of the Mechanical Code as adopted by the City in SMMC Section 8.28.010 and as reported to the Director or designated City official by the Building Official.
(i) Inadequate or Faulty Plumbing.
(1) Lack of plumbing fixtures required by the Building Code as adopted by the City, as reported to the Director by the Building Official. (2) All violations of applicable conditions of the Plumbing Code as adopted by the City in SMMC Section 8.32.010, and as reported to the Director by the Building Official.
(3) Plumbing which does not conform with applicable laws in effect at the time of installation or which has not been maintained in good condition and free of cross connections.
(4) Every plumbing stack, vent, waste, and sewer line shall function properly and be kept free from obstructions, leaks, and defects. (5) Grease interceptors and automatic grease removal devices shall be maintained in accordance with this Code and the manufacturer’s installation instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sewage treatment plant or processes.

Records of maintenance, cleaning and repairs shall be available for inspection by the Director upon request.
(j) Inadequate or Hazardous Electrical Supply, Lighting, and Wiring.

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Packet Pg. 398 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 18 (1) Lack of required or improperly maintained electrical lighting or convenience outlets in existing residential or commercial occupancies as reported to the Director by the Building Official.
(2) Lack of maintenance and repair of lighting fixtures inside dwelling units and in common areas of residential and commercial structures, including courtyards, garages, hallways, lobbies, parking areas and lots, public bathrooms, and walkways. (3) Missing, broken, or improperly installed, or improperly maintained electrical outlets, switches, or wall plates.
(4) Broken, malfunctioning, or improperly installed or maintained building entry and intercom systems.
(5) All violations of applicable conditions of the Electrical Code as adopted by the city in SMMC Section 8.24.010, and as reported to the Director by the Building Official.
(6) Wiring or electrical systems and components that do not conform to applicable laws in effect at the time of installation or which has not been maintained in good condition and used in a safe manner.
(k) Inadequate Sanitation and Ventilation.
(1) Lack of hot or cold running water to plumbing fixtures. (2) Lack of the minimum amounts of natural light and ventilation required by the Building Code as adopted by the City, in SMMC Section 8.12.010. (3) Room and space dimensions less than required by the Building Code as adopted by the City.

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Packet Pg. 399 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 19 (4) Dampness in habitable rooms or excessive dampness in non-habitable rooms as determined by the Building Official. This section shall not apply to conditions that are caused or perpetuated by the actions or inactions of the inhabitants of the dwelling unit, including sanitary or housekeeping practices. (l) Non-Maintenance of Landscape and Hardscape.
(1) A violation of Santa Monica Municipal Code Sections 5.08.070 (Sidewalks, cleanliness), 5.08.080 (Premises, cleanliness), 7.48.070 (Owner to maintain premises free of litter), 9.21.190 (Unexcavated Yard Areas), 9.26.040 (General Landscaping Standards), 9.21.080 and (Lighting), or any other Zoning Ordinance provisions or permit conditions pertaining to the installation and upkeep of landscaped or hardscaped areas located on private property or abutting parkways. (2) Persons owning or occupying property shall keep the sidewalk, parkway, gutter, and alley in front of or adjacent to the side or rear of their property free of litter in accordance with Section 7.48.050 of this Code. (3) The owner or person in control of any private property shall at all times maintain the premises free of litter in accordance with Section 7.48.070 of this Code. (4) Maintaining or allowing the maintenance of private property or parkway with a lack of adequate landscaping or approved ground cover material, as defined in Santa Monica Municipal Code Section 9.26.060, sufficient to prevent blowing dust or erosion, or allowing the landscaping on private property or in a parkway to cause a hazard or inconvenience to pedestrians using the public sidewalk.

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Packet Pg. 400 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 20 (5) Maintaining or allowing the maintenance of any paved areas for vehicle parking and access, porches, steps, or walkways in a hazardous condition due to cracked, raised, or missing surface materials.
(6) Any driveway on private property that is damaged in such a way as to be hazardous to persons using said driveway.
(m) Overgrown, Dying or Dead Vegetation. Overgrown, dying, or dead vegetation on private property or within parkway areas. The following additional requirement shall apply to all vegetation on private property and within parkway areas:
(1) Any dead, decayed, diseased or hazardous tree on private property or within a parkway that presents a danger to public safety. (2) Encroaching Hedges. The owner of a hedge shall maintain the hedge in accordance with Section 9.21.050 of this Code.
(3) Vegetation that:
(A) Harbors the presence of rats or vermin;
(B) Overhangs or grows onto or into any public property, including, but not limited to, any public alley, highway, land, sidewalk, street, or other right-ofway, so as to cause an obstruction to any person or vehicle using such public property; or
(C) Constitutes an attractive nuisance, a fire hazard, or otherwise creates a danger to public health or safety.
(4) Groundcover and similar vegetation shall not be permitted to grow taller than six inches.
(5) The premises shall be maintained free of weeds.

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Packet Pg. 401 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 21 (6) Dead or fallen branches, palm fronds, or similar vegetation shall be promptly removed from the ground or plant.
(7) Fallen leaves or other yard waste shall not be permitted to accumulate on any paved surface. Use of leaves as mulch in dirt areas is exempt from this requirement.
(8) Vegetation shall be continuously trimmed back to ensure that it does not grow within three feet of overhead power or utility lines. (9) Vegetation, excluding street trees, shall not be permitted to encroach on or obstruct any portion of the street, alley, or sidewalk. (10) Notwithstanding Section 9.21.180 of this Code, vegetation shall not be permitted to grow in a manner that:
(A) Blocks, obstructs, or interferes with public improvements, streetlights, or signage to any degree as determined by the Director; (B) Obscures or blocks the visibility, to any degree, of approaching or nearby pedestrians or vehicles on public property;
(C) Obscures or blocks the visibility of any person’s view, to any degree, of signs or traffic lights on public property; or (D) Obstructs access to, or use of, a sidewalk, street or highway, or a public easement or dedication to any degree.
(11) A determination that vegetation on private property or on an adjoining parkway is dead or dying may include, without limitation, consideration of the following factors: any physical characteristic of appearance evidencing a lack of proper watering or feeding; the creation or promotion of a fire hazard by reason

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Packet Pg. 402 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 22 therefor; the existence of an infestation of any kind that is injurious to such vegetation; or when diseased or dying vegetation does not substantially respond to remedial care. The City shall require replacement of dead or dying vegetation and the abatement of such a condition. In this event, a responsible person shall first obtain applicable permits and comply with all applicable landscape regulations and requirements in the Municipal Code.
(n) Polluted Water. A pond, spa, swimming pool, fountain, or other body of water which is abandoned, unattended, unfiltered, or not otherwise properly maintained, resulting in polluted or stagnant water. Such structures shall be covered or filled with soil to prevent the accumulation of water. Standing water shall be immediately drained or removed.
(o) Refuse and Waste. Refuse and waste material which by reason of its location or character may constitute a fire hazard or threat to the health, safety, and general welfare, including aesthetic impacts, of the surrounding residential area. This includes maintaining or allowing to be maintained refuse and waste materials on private or public property. Compost piles are not considered refuse and waste. (p) Structural Hazards.
(1) Deteriorated, damaged, or inadequate foundations.
(2) Defective, deteriorated, or inadequate size flooring or floor supports. (3) Defective, deteriorated, or inadequate size members of partitions, walls, or other vertical supports.
(4) Defective, deteriorated, damaged, or inadequate size ceiling, roof, or other horizontal supports.

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Packet Pg. 403 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 23 (5) Defective, damaged, or inadequately constructed fireplace or chimney. (6) Damaged, defective, or deteriorated common area stairways or staircases including risers, runs, landings, and handrails.
(7) Damaged, defective, or deteriorated common area walkways including handrails and guardrails.
(q) Substandard Housing Conditions. To the extent not otherwise articulated above, for residential property and dwellings, any condition of a substandard building listed in California Health and Safety Code Section 17920.3. (r) Uninhabitable Buildings or Dwelling Units. Buildings or dwelling units may be deemed uninhabitable if any of the following conditions exist:
(1) Any building or structure which meets the definition of a dangerous building as provided in Section 302 of the Uniform Code for the Abatement of Dangerous Buildings, or any successor provision, adopted pursuant to Article VIII of the Santa Monica Municipal Code.
(2) Any building or structure which meets the definition of a substandard building as provided in Section 17920.3 of the Health and Safety Code, or any successor provision.
(3) Any substandard building condition listed in the California Health and Safety Code Section 17920.3 where the condition exists to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof, or are severe enough to be unsafe for human habitation as determined by the Building Official.

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Packet Pg. 404 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 24 (s) Vacant Properties. Vacant properties shall be maintained in compliance with all requirements found in this Chapter and in Chapter 13.04 of the Municipal Code. (t) Any violation of Article 9 of the Santa Monica Municipal Code relating to the City’s planning and zoning laws and regulations.
(u) Other Provisions of the Municipal Code. A violation of any other provision of the Municipal Code or Title 24 of the California Code of Regulations, as adopted by the City, that pertains to real property, structures, or which otherwise concerns the public health, safety, and general welfare.
(v) Impact on Viability of Surrounding Area. To maintain or fail to maintain property, or any structure on it, in a way that its condition contributes to the establishment of a prevalence of depreciated values, impaired investments, and social and economic maladjustments to the extent that the capacity to pay taxes is reduced and tax receipts are inadequate for the cost of public services rendered.

13.02.070 Correction of Violations.

The correction of any conditions described in this Chapter shall be performed in a way that conforms to the minimum standards of the building codes, maintenance practices and aesthetic standards of the surrounding neighborhood, maintains the value and enjoyment of surrounding properties, and promotes the public health, safety, and general welfare of the City.
(a) Code and Ordinance Compliance. Corrections of violations and repairs shall comply with all applicable Building, Electrical, Mechanical, and Plumbing Codes as adopted by the City, and City Zoning Ordinance requirements, including all required permits and inspections.

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Packet Pg. 405 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 25 (b) Manner of Repair. Corrections and repairs of violations shall be performed in accordance with manufacturer’s standards and, where applicable, in compliance with the standards of workmanship of acknowledged trades and as deemed acceptable by the Building Official or Director.
(c) Conformity with Existing Materials. Exterior repairs and corrections of violations shall conform with the materials and colors of the complete structures being brought into compliance with the City’s Planning Department and Architectural Review Board procedures and guidelines, unless otherwise approved by the Director. (d) Content. Colors, forms, materials, and shapes used as design elements for any exterior repairs or corrections of violations shall be uniform in content and in compliance with the Architectural Review Board procedures and guidelines. (e) Drought-Resistant Plantings. Landscaping that is installed or replaced shall use in whole or in part, drought-resistant plantings and, where applicable, shall comply with the design standards and guidelines in Chapter 9.26 Landscaping.

13.02.080 Violations and Penalties.
(a) Any person (whether an individual, corporation, partnership, joint venture, or other entity) who violates any of the provisions of this Chapter or who does not correct violations in compliance with the requirements of this Chapter, is subject to the administrative citation provisions of Municipal Code Chapter 1.09. Each day or portion thereof wherein the violation is committed, continued, or permitted constitutes a separate and distinct violation.

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Packet Pg. 406 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 26 (b) The City’s authority to prosecute violations of this Chapter shall be in addition to its authority to pursue other remedies under Code Chapter 13.06 (Abatement of Nuisances), or any other local or State laws.

13.02.090 Environmental Testing, Remediation, and Reporting.

When violations of this Chapter are found to exist, the Building Officer or Code Enforcement Manager may require the responsible party to obtain and submit, at the sole expense of the responsible party, environmental testing reports from a qualified, licensed testing professional for mold, excessive moisture, or other conditions prior to and/or after repairs have been made. Failure to submit the required testing shall be deemed a violation of this Chapter and is subject to the same penalties as other violations of this chapter.

CHAPTER 13.04 VACANT PROPERTIES

13.04.010 Purpose
All vacant property shall be maintained in a non-blighted, safe, and secure condition, consistent with the requirements of this Chapter. It is the purpose and intent of the Council, through the adoption of this Chapter, to establish a vacant property maintenance program as a mechanism to protect the Santa Monica community from becoming blighted through the lack of adequate maintenance and security of vacant properties.

13.04.020 Applicability
This Chapter shall apply to all vacant or substantially vacant real properties located within the boundaries of the City of Santa Monica, regardless of zoning designation. This chapter shall not apply to a property or building that is actively being sold or offered for rent provided it is maintained in strict compliance with the provisions found in Chapter 13.02 of this Code.

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Packet Pg. 407 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 27 13.04.030 Definitions.

If a word is not defined in this Chapter or other specific provisions of the Santa Monica Municipal Code, the most common dictionary definition is presumed to be correct:
(a) “Groundcover” means any low plant that conceals the bare ground and protects the topsoil from erosion or drought. Examples include, but are not limited to, grass, moss, thyme, and clover.
(b) “Hardscape” means any non-vegetative feature or manmade material that is incorporated into a landscape. Examples include, but are not limited to, pavers, stone, bricks, wood chips, and decomposed granite.
(c) “Multiple-Unit Dwelling” means the same as defined in Section 9.51.020 of this code.
(d) “Sheeting material” or “sheeting” means a minimum of one-quarter-inch thick clear or semi- clear shatter-proof polycarbonate material with strength capable of sustaining impact without breaking or shattering, absent excessive force. (e) “Softscape” means any live vegetation that is incorporated into landscaped areas.
(f) “Substantially vacant” means any property where fewer than thirty-five percent of the units are occupied.
(g) “Vacant property” means any property that is substantially vacant, unoccupied, or abandoned for more than ninety days, or where construction, pursuant to an active building permit, is not taking place or where an inspection by the Building and Safety Division, pursuant to an active building permit, has not been conducted within the previous ninety days.

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Packet Pg. 408 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 28 13.04.040 General Vacant Property Standards.
(a) Every person who owns, possesses, or has control of a vacant property, shall maintain and secure said property in accordance with all provisions in Chapter 13.02, and in such a way that it will not become a public nuisance. (b) A valid Trespass Arrest Authorization shall be kept on file with the Santa Monica Police Department empowering the Police Department to remove all unauthorized persons from the property. The Trespass Arrest Authorization shall be kept current and effective during the period of vacancy.
(c) General Maintenance Requirements. Vacant properties shall be actively maintained, monitored and secured in compliance with all property maintenance provisions found in Chapter 13.02, and all of the following standards:
(1) The property shall be inspected weekly by the property owner, property manager, or their designee.
(2) Landscaping:
(A) The property shall be kept cleaned, watered and free of weeds; (B) Dead or dying plant material shall be removed;
(C) Groundcover vegetation shall not be permitted to grow taller than six inches;
(D) Groundcover, hardscape, or softscape shall be installed and maintained on all vacant property throughout the duration of the vacancy. Such landscaping is subject to the approval from the Community Development Director, or designee, and shall comply with the following:

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Packet Pg. 409 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 29 (i) Plants used for groundcover shall not be allowed to grow taller than six inches; and
(ii) Irrigation, adequate for the health and growth of
groundcover plants, shall be provided and maintained throughout the duration of vacancy.
(E) Landscaping that contributes to an unsafe condition on the property shall be eliminated or trimmed to the satisfaction of the Director. (3) Notwithstanding Section 9.21.050 of the Code, for Vacant Properties, all hedges, bushes, and shrubs shall be maintained no higher than thirty-six inches to allow for a clear view from the public right-of-way to the entire interior of the property. (4) Trees shall be pruned and maintained regularly to remove any overgrowth, or dead or dying branches and leaves. Adequate irrigation shall be provided to ensure the continued health and growth of all hedges, bushes, shrubs, and trees. (5) Drainage. All premises shall be maintained so as to prevent the accumulation of stagnant water when such water causes a hazardous or unhealthy condition, becomes a breeding area for insects, or which is causing soil erosion or damage to foundation walls.
(6) All trash, debris, rubbish, discarded furniture or defective or discarded equipment or appliances or items of similar nature shall be removed from the property.
(7) “No Trespassing” signs shall be posted and displayed along all street or alley facing property frontages and visible to the public. The sign must be no smaller than 17 by 22 inches in size, with lettering no smaller than 1 inch in height.

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Packet Pg. 410 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 30 (8) Additional signage may be required by the Director to include the name and phone number of an individual that can promptly respond to complaints regarding the property.
(9) As determined by the Director, any vacant property must be enclosed by a wrought iron fence or similar material that is at least six feet tall and non-view obscuring. This provides for clear and open visibility of the vacant property. The fence must be self-supporting and may not be attached to any part of adjacent property without the adjacent owner’s written permission. The fence’s location, type, and method of installation is subject to the approval of the Director or their designee, before installation; provided, however, that in no event shall the fence be chain-link, unless the property is actively being developed pursuant to a current and valid building permit.
(A) Fences shall be safe, structurally sound, and uniform or compatible in color and structure; they shall be maintained so that they do not constitute a hazard, blight, or condition of disrepair. Examples of hazards, blight or conditions of disrepair include but are not limited to, leaning fences or walls, fences or walls that are missing slats or blocks, that exhibit rot, damage, graffiti, peeling paint, or deterioration of paint or materials. All unauthorized postings and graffiti shall be immediately removed or painted over. (B) Missing or damaged fencing shall be repaired or replaced within seventy-two hours of such damage occurring.

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Packet Pg. 411 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 31 (C) All gates or entrances to vacant property shall be equipped with a combination lock. The current combination shall be provided to the Santa Monica Police Department on the Trespass Arrest Authorization Form. (10) Exterior insect, rodent and animal control. All premises shall be kept free from insect and rodent infestation and other noxious pests. This provision shall not require action to disturb the natural or cultivated activity of bees, rabbits, or other insects and animals where such activity is not a danger or nuisance to any resident or residents of the area, and where other applicable legal requirements are met. Pest and rodent infestation shall be abated on the property and documentation shall be provided verifying the abatement from a licensed professional.
(11) The property shall be kept free of parked, abandoned, or inoperable vehicles except where a parking permit or other appropriate approval has been obtained from the city.
(12) Utility services, including gas, water, and electricity, shall be disconnected upon the property becoming vacant.
(13) Any swimming pool on a vacant property shall be drained, kept free of standing water, and comply with following:
(A) Filled-in with soil or any other fill approved and to the satisfaction of the Director; or
(B) Covered in such a way that water cannot collect in the swimming pool or on top the cover.
(14) Motion-activated security lighting in accordance with SMMC Section 9.21.080 (Lighting) may be required to be installed and maintained in working condition at all

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Packet Pg. 412 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 32 entrances and exits of the property to the satisfaction of the Director from dusk until dawn.
(15) Motion-activated video surveillance cameras may be required to be installed and maintained in working condition that provide two-way communication and mobile live-view video to the satisfaction of the Director. (16) Additional building locks and entry control including bars on windows shall be installed and maintained as determined by the Director to prevent unauthorized access to the property and any structure.
(17) Documentation shall be provided that adequate security is provided by onsite security personnel, roaming security patrol, or some other means; and twentyfour hours seven day a week security may be required as determined by the Director.

All curtains, blinds, and window coverings shall be removed from all windows located on the ground level of a structure allowing for a clear view to the interior of vacant buildings and units.
(18) The property shall be inspected each week and these inspections documented and submitted in writing to the satisfaction of the Director. These reports shall include the dates of the inspections, a list of any issues that were found and needed to be corrected, and time and date stamped photos of the property showing the overall conditions of the entirety of the property. (19) The Director may require increased frequency of inspections if it is determined that doing so is necessary to safeguard the community from impacts that are injurious to public health, safety, and general welfare, or where the property becomes attractive to unauthorized persons and trespassers.

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Packet Pg. 413 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 33 (20) All furniture and personal property shall be removed from the interior of vacant buildings.
(21) Approved address numbers shall be provided for all vacant properties and buildings in such a manner as to be plainly visible and legible from the street or road fronting the property.
(d) Securing of any or all structures by boarding unsecure windows, doors, and other openings with sheeting material shall be done in accordance with this section.

All buildings and structures upon the property shall be secured, locked, and closed as determined and approved by the Director and the Building Official. With the exception of the exterior access door required in subsection 1 below, all first-story doors and windows facing any street or alley shall be secured using sheeting material. First-floor doors and windows not facing any street or alley may be secured using plywood that meet the specifications found in subsection 2 below. As used herein, “sheeting material” or “sheeting” means a minimum of one-quarter-inch thick clear or semi-clear shatter-proof polycarbonate material with strength capable of sustaining impact without breaking or shattering, absent excessive force. (1) Exterior Access Door. At least one exterior door shall allow authorized persons access to the interior of the residential property. Such exterior access door may be secured by using:
(A) A solid core wood or steel door with no windows or other openings in the door; or
(B) Hinged sheeting material or three-quarter-inch plywood attached to the door entry with three case hardened strap hinges of the type specified by

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Packet Pg. 414 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 34 the Building Official and the sheeting material or plywood shall be secured by at least two case-hardened steel hasps and minimum two-inch case-hardened padlock also of the type specified by the Building Official. (2) Use of Plywood.
(A) Plywood may only be used to secure doors and windows not facing a street or alley and shall be painted in a color consistent with the exterior of the dwelling unit. Plywood may be used for no more than thirty days to repair damage or vandalism to street and alley-facing doors and windows.

After thirty days, sheeting material shall be installed. (B) Plywood used to secure vacant properties shall be of unsanded CDX grade and shall have a minimum thickness of one-half inch for window openings, five-eighths inch for door openings and three-quarter inch for sliding door and French door openings.
(C) Unless otherwise granted a variance by the Director from strict compliance herewith, materials such as oriented strand board (OSB), medium density fiberboard (MDF), particle board, wafer board, Masonite34, or other similar material shall not be used to secure vacant or abandoned buildings or structures.
(D) Plywood used to secure vacant properties shall be installed in accordance with presently applicable FHA-standards or as determined by the Building Official.
(3) Property that remains vacant for more than ninety days shall secure all windows, doors, and other openings in accordance with this section.

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Packet Pg. 415 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 35 (4) Sheeting material shall be installed in a manner intended to provide an appearance approximating glass in the window casings, and consistent in appearance with the surrounding surface in the case of all other openings that require securing. (5) Security bars, laminate, or other methods approved by the Director and Building Official shall be installed on all windows.
(6) Only exterior-grade screws and round-head plated carriage bolts shall be used to secure a vacant property. Nails shall not be used. (e) A unit that is vacant in a substantially vacant Multiple-Unit Dwelling property and is not currently being offered for use as a residence shall be secured and locked, or otherwise made inaccessible in accordance with this section.

13.04.050 Violations and Penalties.
(a) Any person (whether an individual, corporation, partnership, joint venture, or other entity) who violates any of the provisions of this Chapter is subject to the administrative citation provisions of Municipal Code Chapter 1.09. Each day or portion thereof wherein the violation is committed, continued, or permitted constitutes a separate and distinct violation.
(b) The City’s authority to prosecute violations of this Chapter shall be in addition to its authority to pursue remedies under Municipal Code Chapter 13.06 (Abatement of Nuisances) and shall be entitled to recover any costs from the property owner associated with monitoring, inspecting, and securing the subject property to meet the requirements of this Chapter.

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Packet Pg. 416 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 36 13.04.060 Community Safety and Protection.

The Director is authorized to waive or modify any standard or condition found in this chapter if it is determined that, under the particular factual circumstances, the change is warranted to safeguard the property or the surrounding community from impacts that are injurious to public health, safety and general welfare or to the stability of real property so as to interfere with the comfortable enjoyment of life or property, nor become attractive to unauthorized persons, including, but not limited to, juveniles and transients, nor constitute a health, fire or safety hazard. Requests for such waivers and modifications shall be submitted on a form provided by the City.

In making this determination, the Director shall consider:
(a) The history of unlawful activity and calls for service at this property; (b) The overall condition of the property and structures; (c) The willingness of the property owner to comply with City requests; (d) The likelihood that the change will result in improved protection of the property and the public writ large; and
(e) Any other evidence pertaining to the property and its owners, or the effects of the proposed change.

Chapter 13.06 ABATEMENT OF NUISANCES

13.06.010 Purpose.
(a) The intent of this Chapter is to provide a comprehensive mechanism for the identification and abatement of public nuisances within the City. (b) The remedies provided for in this Chapter are supplemental and complementary to all of the provisions of this Code, State law, and any law

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Packet Pg. 417 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 37 cognizable at common law or in equity; and nothing herein shall be read, interpreted or construed in any manner to limit any existing right or power of the City to abate any and all public nuisances.
(c) The procedures for abatement of substandard buildings contained in this Chapter are deemed equivalent for the purpose intended under Article 6, Actions and Proceedings of the California Code of Regulations, Title 25, Division 1, Chapter 1, Sub-Chapter 1.

13.06.020 Application.

The provisions of this Chapter shall apply to all property throughout the City wherein any of the conditions hereinafter specified are found to exist; provided, however, that any condition which would constitute a violation of this Chapter, but which is duly authorized under any other City, State or Federal law, shall not constitute a violation.

13.06.030 Responsibility for maintenance.
(a) Every owner, occupant, lessee or holder of any possessor interest of real property within the City is required to maintain such property so as not to violate the provisions of this Chapter. The owner of the property shall remain liable for violations hereof regardless of any contract or agreement with any third party regarding such property or the occupation of the property by any third party. (b) It shall be unlawful for any owner, occupant, lessee, or holder of any possessor interest of real property within the City to create or maintain a public nuisance on such property.

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Packet Pg. 418 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 38 13.06.040 Definitions.
(a) “Cost of abatement” means the total cost incurred by the City in connection with abating a public nuisance including, but not limited to:
(1) Any cost incurred in removing or remedying a public nuisance; and (2) A service fee for services rendered by the City in connection with inspection, notification, prosecution, and abatement procedures authorized by this Chapter, which fee will be calculated based on all services rendered by the City from initial inspection of the property for the purpose of documenting a violation of this Chapter until the violation is corrected; and
(3) Any expense incurred by the City in collecting the costs enumerated in this subsection.
(b) “Graffiti” shall mean any writing, printing, symbol, figure, design, painting, marking, inscription, or other defacement that is written, sprayed, painted, scratched, etched, engraved, drawn, marked, or otherwise applied to any exterior surface of a building, wall, window, fence, tree, sidewalk, curb, or other structure without the prior consent of the owner or person in possession. (c) “Minor automotive repair and service” shall include replacement of wiper blades, fuses, radiator caps, lamps, and other minor accessories, changing oil and transmission fluid, patching or mounting of tires and similar repairs and services. “Person” means any natural person, firm, association, club, organization, corporation, partnership, business trust, company or any other entity which is recognized by law as having rights and duties.
(d) “Owner” means the owner of record of real property.

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Packet Pg. 419 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 39 (e) “Premises” means any real property or improvements thereon. (f) “Public nuisance” means any nuisance designated in Section 13.06.050 of this Chapter.

13.06.050 Public nuisances.

The following are declared to be public nuisances:
(a) Any building or place which has been operated or maintained in a manner that has resulted in repeated disruptive activities including, but not limited to, disturbances of the peace, public drunkenness, drinking in public, harassment of passerby, sale of stolen goods, public urination, assaults, batteries, acts of vandalism, excessive littering, illegal parking, loud noises (particularly in late night or early morning hours), or curfew violations.
(b) Any condition in violation of Chapter 4.04 of this Code (Animals). (c) Every building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing or giving away any controlled substance (as defined in Division 10 of the California Health and Safety Code) and every building or place wherein or upon which those acts take place.
(d) Every building or place used for the purpose of unlawfully selling, serving, or giving away alcoholic beverages and every building or place in or upon which alcoholic beverages are unlawfully sold, served, or given away. (e) Every building or place used for the purpose of illegal gambling as defined by State or local law, lewdness or prostitution, and every building or place in or upon which such activities are held or occur.

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Packet Pg. 420 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 40 (f) Any public telephone or other device that transmits or receives voice or electronic messages which is used as an instrumentality for or contributes substantially by its presence to any of the following:
(1) Illegally selling or giving away controlled substances (as defined in Division 10 of the California Health and Safety Code);
(2) Soliciting, agreeing to engage in, or engaging in any act of prostitution or other criminal activity;
(3) Consumption of alcoholic beverages on nearby outdoor public or private property except where outdoor consumption of alcoholic beverages is specifically authorized pursuant to a license issued by the Department of Alcoholic Beverage Control;
(4) Blockage of streets, alleys, or private driveways; or (5) Excessive noise.
(g) Parking of vehicles, vessels, or similar mobile equipment on the grass, dirt, or other landscaped areas surrounding a residential property. (h) Repair and/or disassembling any vehicle or vessel in a residential zone and on residential property, where such activity is visible from the public rightof-way except:
(1) Minor automotive repair and service, performed on motor vehicles owned by and registered to the occupants of the dwelling, performed on a driveway, in a carport, or other legally paved surface on private property; (2) The work does not involve repetitive testing of an engine;

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Packet Pg. 421 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 41 (3) No more than one motor vehicle, as viewed from the public right-ofway, is being worked on at any point in time; and (4) The work complies with the City’s Noise Ordinance.
(i) Any violation of Chapters 13.02 and 13.04 of this Code. (j) Any public nuisance as defined in Civil Code Sections 3479 and 3480 and Penal Code Sections 370 and 371 or otherwise recognized in law or in equity as constituting a public nuisance.

13.06.170 Emergency procedures.
(a) Notwithstanding any other provision of this Chapter, whenever the condition giving rise to the public nuisance is an imminent threat to life, property, health, or public safety requiring immediate action, the City shall have immediate jurisdiction to abate the public nuisance and may order or take such action as is necessary to immediately abate the public nuisance.
(b) The City shall only pursue such remedial actions as are reasonably necessary to eliminate the immediacy of the hazard. The costs of such abatement, to the extent that they are not part of any regularly provided City service, shall be recoverable against the property owner and/or responsible persons through the steps outlined in this Chapter or any other methods authorized by law.

13.06.180 Summary abatement of graffiti.
(a) The City Council finds that proliferation of graffiti presents an imminent danger to the public safety and welfare. Law enforcement officials and other experts agree that immediate removal of gang-related graffiti is necessary to reduce the risk of violent and other criminal activities associated with gangs and gang territories. The

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Packet Pg. 422 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 42 presence of graffiti which is not abated immediately encourages the creation of additional graffiti, resulting in neighborhood blight and increased costs of abatement. (b) The City is authorized to summarily abate graffiti. The abatement may be undertaken by City staff or by outside contractors.
(c) The City shall provide the owner of the property subject to abatement action under this Section with written notice specifying the date that the City will abate the graffiti. This notice shall be mailed to the owner by certified mail, return receipt requested, at least five days prior to the scheduled City abatement. It shall inform the owner that the City will not undertake the abatement if the owner notifies the City in writing that the owner will abate the graffiti by a date specific acceptable to the City. The cost of abatement performed by the City shall be recovered in accordance with Section 13.06.190 except the accounting requirements of Section

13.06.190(b) may be undertaken by the Director of Public Works.

13.06.190 Lien, special assessment and other remedies.\ (a) The cost of abating a public nuisance shall either be a lien on the property, a special assessment against the property, or the personal obligation of owner and/or the person responsible for creating, causing, committing, or maintaining the public nuisance.
(b) The Director shall keep an itemized account of the expenses incurred by the City in abating nuisances under the provisions of this Chapter, including all administrative costs. Upon the completion of the work of abatement, the Building Officer, shall prepare and file with the City Council a report specifying the abatement measures undertaken, the itemized and total cost of the abatement, a

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Packet Pg. 423 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 43 description of the real property on which the abatement was done, and the names and addresses of the persons entitled to notice pursuant to Section 13.06.100, Service of order to abate public nuisance. This report shall be verified by the City official in charge of the abatement work.
(c) The City shall cause notice of the cost of abatement to be given in the same manner as a summons in a civil action in accordance with Code of Civil Procedure Section 415.10 et seq. If the owner of record after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Los Angeles County pursuant to Government Code Section 6062. The City shall also cause notice of the hearing to be served by certified mail, postage prepaid, addressed to the persons entitled. Such notices shall be given at least ten days prior to the date set for hearing and shall specify the day, hour, and place when the City Council will hear and pass upon the report of the Building Officer. The notice shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.
(d) At the time fixed for the hearing, the City Council shall hear and pass upon the report, together with any objections or protests which may be raised by any property owner liable to be assessed for the abatement work. The protests heard by the City Council pursuant to this subsection shall relate only to the charge to be made for abatement. No protest shall be heard concerning the underlying enforcement action in ordering the abatement of the nuisance, unless such abatement order was issued as a result of an emergency. Written protests may also

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Packet Pg. 424 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 44 be filed with the City Clerk at any time prior to the time set for the hearing on the report. Each written protest or objection must contain the property address and the grounds for such protest or objection. After hearing all oral protests and reviewing all written protests, the City Council may make such revisions, corrections, or modifications to the report as it may deem just, after which, by resolution, the report, as submitted, revised, corrected, or modified, shall be confirmed. The City Council may adjourn the hearings from time to time. The decisions of the City Council on all protests and objections which may be made shall be final and conclusive. (e) Pursuant to Government Code Section 38773.1, the cost of abatement of a public nuisance under this Chapter can be a lien on the property or against the owner of the property as provided in subsection (g) of this Section. (f) Alternatively, pursuant to Government Code Section 38773.5, the cost of abatement of a public nuisance under this Chapter can be a special assessment against the property as provided in subsection of this Section. (g) If the cost of abatement is not paid within ten days after its confirmation by the City Council, the City may file in the Office of the County Recorder a certificate in substantially the following form:

NOTICE OF LIEN
On the day of , 20 , the City of Santa Monica caused a public nuisance to be abated on the real property hereinafter described pursuant to an abatement order dated, 20 .

The City of Santa Monica did on the day of , 20 , by action duly recorded in its official minutes, assess the cost of such abatement and

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Packet Pg. 425 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 45 related administrative costs, and determined that the same have not been paid. The City of Santa Monica hereby claims a lien on said real property for the net expense of the doing of said work plus related administrative costs in the sum of $, and the same shall be a lien on said property until said sum, with interest at the rate of 7% per annum, from the day of , 20 (date of confirmation of statement), has been paid in full and discharged of record. The real property herein before mentioned, and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Santa Monica, County of Los Angeles, State of California, and particularly described as follows:
(Description of Property)
Street Address
Legal Description
Parcel Numbers
(Name of owner and address)
Dated: ________________
Building Officer
(h) From and after the date of recording the notice of lien, all persons shall be deemed to have had notice of the contents thereof. If any such lien is not paid, the City may file and maintain an action to foreclose such lien or take any other action as provided by law.
(i) As an alternative to the procedure authorized in subsection (d) of this Section and pursuant to Government Code Section 38773.5, the cost of

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Packet Pg. 426 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 46 abatement, if not paid within ten days after its confirmation by the City Council, may constitute a special assessment against that parcel of property which shall be recorded as follows:
(1) After the City Council determines that the charge will be assessed against the property, the City shall record a notice describing the abatement action and the total costs with the County Recorder.
(2) After confirmation of the report prepared pursuant to subsection (b) of this Section and recordation of the notice, certified copies of the report and the City Council resolution shall be given to the County Auditor or Assessor who shall add the amount of the assessment to the next regular tax bill levied against the parcel in the same manner as ordinary municipal taxes.
(3) The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such assessment. (4) The assessment liens shall be subordinate to all existing special assessment liens previously imposed upon the same property and paramount to all other liens except State, County, and municipal taxes with which it shall be on parity. The lien shall continue until the assessment and all interest due and payable thereon has been paid.
(j) The City Council may also order that the cost for the abatement be made a personal obligation of the property owner and/or the person responsible for causing,

10.C.a
Packet Pg. 427 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 47 committing, or maintaining the public nuisance. The City Council shall then direct the City Attorney and the Finance Department to collect the cost of abatement. (k) The City Council may direct the City Attorney to institute a lawsuit to collect any amounts due by reason of the abatement of a nuisance by the City and to foreclose any existing liens for such amounts. Notwithstanding the provisions of this Chapter, the City Attorney may bring any appropriate civil and criminal action for abatement of any nuisance within the City pursuant to any other provision of the law.

Upon entry of a second or subsequent civil or criminal judgment within a two-year period, finding that the owner or possessor of a property, place or area is responsible for a condition that may be abated in accordance with this Chapter, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the court may order the owner or possessor to pay treble the costs of the abatement to the City.
(l) All monies recovered by payment of the charge, obligation, assessment, or lien shall be paid to the City Treasurer who shall credit the same to the Nuisance Abatement Fund.

13.06.200 Violation.
(a) Any person violating any provision of this Chapter shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment.

10.C.a
Packet Pg. 428 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 48 (b) Any person found to be in violation of this Chapter in a civil case brought by a law enforcement agency shall be ordered to reimburse, as restitution, the City and other participating law enforcement agencies their full investigative costs and costs of abatement.
(c) Any person who violates any provision of this Chapter shall be subject to administrative fines and administrative penalties pursuant to Chapter 1.09 and Chapter 1.10 of this Code.
(d) Any interested person may seek an injunction or other relief to prevent or remedy violations of this Chapter.
(e) The remedies provided in this Section are not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties or procedures established by law.

13.06.210 Nuisance Abatement Fund.

The Finance Director is authorized to establish a revolving fund to be known as the Nuisance Abatement Fund which shall be used to defray costs of administrative and judicial abatement of public nuisances. The fund shall be reimbursed by collection from the property or property owner, or any responsible person, as specified in this Chapter and by the courts. This fund may be operated and used in conjunction with procedures ordered or authorized under this or any other abatement provision of this Code.

10.C.a
Packet Pg. 429 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 49 SECTION 3. Santa Monica Municipal Code is hereby amended Chapter 8.96 to read as follows:

Chapter 8.96 RESERVED ABATEMENT OF NUISANCES

8.96.010 Purpose.
(a) The intent of this Chapter is to provide a comprehensive mechanism for the identification and abatement of public nuisances within the City. (b) The remedies provided for in this Chapter are supplemental and complementary to all of the provisions of this Code, State law, and any law cognizable at common law or in equity; and nothing herein shall be read, interpreted or construed in any manner to limit any existing right or power of the City to abate any and all public nuisances.
(c) The procedures for abatement of substandard buildings contained in this Chapter are deemed equivalent for the purpose intended under Article 6, Actions and Proceedings of the California Code of Regulations, Title 25, Division 1, Chapter 1, Sub-Chapter 1.

8.96.020 Application.

The provisions of this Chapter shall apply to all property throughout the City wherein any of the conditions hereinafter specified are found to exist; provided, however, that any condition which would constitute a violation of this Chapter but which is duly authorized under any other City, State or Federal law, shall not constitute a violation.

8.96.030 Responsibility for maintenance.
(a) Every owner, occupant, lessee or holder of any possessor interest of real property within the City is required to maintain such property so as not to violate the

10.C.a
Packet Pg. 430 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 50 provisions of this Chapter. The owner of the property shall remain liable for violations hereof regardless of any contract or agreement with any third party regarding such property or the occupation of the property by any third party. (b) It shall be unlawful for any owner, occupant, lessee or holder of any possessor interest of real property within the City to create or maintain a public nuisance on such property.

8.96.040 Definitions.
(a) “Cost of abatement” means the total cost incurred by the City in connection with abating a public nuisance including, but not limited to:
(1) Any cost incurred in removing or remedying a public nuisance; and (2) A service fee for services rendered by the City in connection with inspection, notification, prosecution and abatement procedures authorized by this Chapter, which fee will be calculated based on all services rendered by the City from initial inspection of the property for the purpose of documenting a violation of this Chapter until the violation is corrected; and
(3) Any expense incurred by the City in collecting the costs enumerated in this subsection.
(b) “Person” means any natural person, firm, association, club, organization, corporation, partnership, business trust, company or any other entity which is recognized by law as having rights and duties.
(c) “Owner” means the owner of record of real property. (d) “Premises” means any real property or improvements thereon.

10.C.a
Packet Pg. 431 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 51 (e) “Public nuisance” means any nuisance designated in Section 8.96.050 of this Chapter.
(f) “Abandoned structure” means any building or structure that is vacant and maintained in a condition of substantial deterioration. (g) “Attractive nuisance” means any condition or item that is left unprotected and accessible, including any unsecured or unsanitary pools and abandoned or broken equipment or machinery, and any other condition which may reasonably be expected to attract young children under the age of 13 to the premises who would be at risk for injury by playing with, in, or on it, and thereby dangerous to young children by reason or their inability to appreciate the peril therein. (h) “Graffiti” shall mean any writing, printing, symbol, figure, design, painting, marking, inscription, or other defacement that is written, sprayed, painted, scratched, etched, engraved, drawn, marked, or otherwise applied to any exterior surface of a building, wall, window, fence, tree, sidewalk, curb, or other structure without the prior consent of the owner or person in possession. (i) “Minor automotive repair and service” shall include replacement of wiper blades, fuses, radiator caps, lamps and other minor accessories, changing oil and transmission fluid, patching or mounting of tires and similar repairs and services. (j) “Substantial deterioration” means serious neglect in maintaining or repairing a building or structure that results in a noticeable decline in the physical quality of the building façade, building features, structural or non-structural elements and weatherproofing.

8.96.050 Public nuisances.

10.C.a
Packet Pg. 432 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 52 (a) The following are declared to be public nuisances:
(1)Any building or structure which meets the definition of an unsafe building or structure as provided in the California Building Code, or any successor provision, adopted pursuant to Santa Monica Municipal Code Section 8.08.010. (2) Any building or structure which meets the definition of a dangerous building as provided in Section 302 of the Uniform Code for the Abatement of Dangerous Buildings, or any successor provision, adopted pursuant to Article VIII of the Santa Monica Municipal Code.
(3) Any building or structure which meets the definition of a substandard building as provided in Section 17920.3 of the Health and Safety Code, or any successor provision.
(4) Any violation of Article 9 of the Santa Monica Municipal Code relating to the City’s planning and zoning laws and regulations. (5) Any imminent life safety hazard which creates a present and immediate danger to life, property, health or public safety. (6) Any condition which constitutes an attractive nuisance whether within a structure or on the premises.
(7) Any building or place which has been operated or maintained in a manner that has resulted in repeated disruptive activities including, but not limited to, disturbances of the peace, public drunkenness, drinking in public, harassment of passerby, sale of stolen goods, public urination, assaults, batteries, acts of vandalism, excessive littering, illegal parking, loud noises (particularly in late night or early morning hours), or curfew violations.

10.C.a
Packet Pg. 433 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 53 (8) Any condition which renders air, food or drink unwholesome, unsanitary or detrimental to health.
(9) Any condition which poses a fire hazard.
(10) Any condition in violation of Chapter 4.04 of this Code (Animals). (11) The keeping, storage, depositing or accumulation on the premises for an unreasonable period of time of any personal property including, but not limited to, abandoned, wrecked, dismantled or inoperative vehicles, abandoned, wrecked, dismantled, or unseaworthy boats or vessels, automotive parts and equipment, appliances, furniture, containers, packing materials, scrap metal, wood, building materials, junk, rubbish, debris, dirt, sand, gravel, concrete or other similar materials which is within the view of persons on adjacent or nearby real property or the public right-of-way and which is detrimental to the public health, safety and general welfare.

However, building materials being used or to be used for a project of repair or renovation for which a building permit has been obtained may be stored for such period of time as is necessary expeditiously to complete the project. (12) Every building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing or giving away any controlled substance (as defined in Division 10 of the California Health and Safety Code) and every building or place wherein or upon which those acts take place.
(13) Every building or place used for the purpose of unlawfully selling, serving or giving away alcoholic beverages and every building or place in or upon which alcoholic beverages are unlawfully sold, served or given away.

10.C.a
Packet Pg. 434 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 54 (14) Every building or place used for the purpose of illegal gambling as defined by State or local law, lewdness or prostitution, and every building or place in or upon which such activities are held or occur.
(15) Any public telephone or other device that transmits or receives voice or electronic messages which is used as an instrumentality for or contributes substantially by its presence to any of the following:
(A) Illegally selling or giving away controlled substances (as defined in Division 10 of the California Health and Safety Code); (B) Soliciting, agreeing to engage in, or engaging in any act of prostitution or other criminal activity;
(C) Consumption of alcoholic beverages on nearby outdoor public or private property except where outdoor consumption of alcoholic beverages is specifically authorized pursuant to a license issued by the Department of Alcoholic Beverage Control;
(D) Blockage of streets, alleys or private driveways; or (E) Excessive noise.
(16) Any building or structure left in a state of incomplete construction, partial demolition, or left damaged by vandalism, fire, earthquake or other similar acts, for a period of six consecutive months, excluding such time when work is in progress pursuant to a valid building or other construction permit. (17) Graffiti on the exterior of any building, structure or fence that is visible from the public right-of- way.

10.C.a
Packet Pg. 435 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 55 (18) Any driveway on private property that is damaged in such a way as to be hazardous to persons using said driveway.
(19) Any structure that is in a state of substantial deterioration which is visible from the public right-of- way.
(20) Any dead, decayed, diseased or hazardous tree on private property that presents a danger to public safety.
(21) Vegetation that:
(A) Harbors the presence of rats or vermin;
(B) Overhangs or grows onto or into any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, so as to cause an obstruction to any person or vehicle using such public property; or
(C) Constitutes an attractive nuisance, a fire hazard, or otherwise creates a danger to public health or safety.
(22) Failure to secure all doorways, windows or other openings into a vacant structure, or provide fencing for the entire parcel containing the vacant structure, when required by the City, to prevent unauthorized persons from gaining access.
(23) Parking of vehicles, vessels, or similar mobile equipment on the grass, dirt, or other landscaped areas surrounding a residential property. (24) Repair and/or disassembling any vehicle or vessel in a residential zone and on residential property, where such activity is visible from the public right-of-way except:

10.C.a
Packet Pg. 436 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 56 (A) Minor automotive repair and service, performed on motor vehicles owned by and registered to the occupants of the dwelling, performed on a driveway, in a carport, or other legally paved surface on private property;
(B) The work does not involve repetitive testing of an engine; (C) No more than one motor vehicle, as viewed from the public right-of-way, is being worked on at any point in time; and
(D) The work complies with the City’s Noise Ordinance.
(25) Any public nuisance as defined in Civil Code Sections 3479 and 3480 and Penal Code Sections 370 and 371 or otherwise recognized in law or in equity as constituting a public nuisance.

8.96.170 Emergency procedures.
(a) Notwithstanding any other provision of this Chapter, whenever the condition giving rise to the public nuisance is an imminent threat to life, property, health or public safety requiring immediate action, the City shall have immediate jurisdiction to abate the public nuisance and may order or take such action as is necessary to immediately abate the public nuisance.
(b) The City shall only pursue such remedial actions as are reasonably necessary to eliminate the immediacy of the hazard. The costs of such abatement, to the extent that they are not part of any regularly provided City service, shall be recoverable against the property owner and/or responsible persons through the steps outlined in this Chapter or any other methods authorized by law.

8.96.180 Summary abatement of graffiti.

10.C.a
Packet Pg. 437 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 57 (a) The City Council finds that proliferation of graffiti, especially gang-related graffiti, presents an imminent danger to the public safety and welfare. Law enforcement officials and other experts agree that immediate removal of gangrelated graffiti is necessary to reduce the risk of violent and other criminal activities associated with gangs and gang territories. The presence of graffiti which is not abated immediately encourages the creation of additional graffiti, resulting in neighborhood blight and increased costs of abatement.
(b) The City is authorized to summarily abate graffiti. The abatement may be undertaken by City staff or by outside contractors.
(c) The City shall provide the owner of the property subject to abatement action under this Section with written notice specifying the date that the City will abate the graffiti. This notice shall be mailed to the owner by certified mail, return receipt requested, at least five days prior to the scheduled City abatement. It shall inform the owner that the City will not undertake the abatement if the owner notifies the City in writing that the owner will abate the graffiti by a date specific acceptable to the City. The cost of abatement performed by the City shall be recovered in accordance with Section 8.96.190 except the accounting requirements of Section 8.96.190(b) may be undertaken by the Director of Public Works.

8.96.190 Lien, special assessment and other remedies.
(a) The cost of abating a public nuisance shall either be a lien on the property, a special assessment against the property, or the personal obligation of owner and/or the person responsible for creating, causing, committing or maintaining the public nuisance.

10.C.a
Packet Pg. 438 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 58 (b) The Building Officer shall keep an itemized account of the expenses incurred by the City in abating nuisances under the provisions of this Chapter, including all administrative costs. Upon the completion of the work of abatement, the Building Officer, shall prepare and file with the City Council a report specifying the abatement measures undertaken, the itemized and total cost of the abatement, a description of the real property on which the abatement was done, and the names and addresses of the persons entitled to notice pursuant to Section 8.96.100, Service of order to abate public nuisance. This report shall be verified by the City official in charge of the abatement work.
(c) The City shall cause notice of the cost of abatement to be given in the same manner as a summons in a civil action in accordance with Code of Civil Procedure Section 415.10 et seq. If the owner of record after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Los Angeles County pursuant to Government Code Section 6062. The City shall also cause notice of the hearing to be served by certified mail, postage prepaid, addressed to the persons entitled. Such notices shall be given at least ten days prior to the date set for hearing and shall specify the day, hour and place when the City Council will hear and pass upon the report of the Building Officer. The notice shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.
(d) At the time fixed for the hearing, the City Council shall hear and pass upon the report, together with any objections or protests which may be raised by any

10.C.a
Packet Pg. 439 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 59 property owner liable to be assessed for the abatement work. The protests heard by the City Council pursuant to this subsection shall relate only to the charge to be made for abatement. No protest shall be heard concerning the underlying enforcement action in ordering the abatement of the nuisance, unless such abatement order was issued as a result of an emergency. Written protests may also be filed with the City Clerk at any time prior to the time set for the hearing on the report. Each written protest or objection must contain the property address and the grounds for such protest or objection. After hearing all oral protests and reviewing all written protests, the City Council may make such revisions, corrections or modifications to the report as it may deem just, after which, by resolution, the report, as submitted, revised, corrected or modified, shall be confirmed. The City Council may adjourn the hearings from time to time. The decisions of the City Council on all protests and objections which may be made shall be final and conclusive. (e) Pursuant to Government Code Section 38773.1, the cost of abatement of a public nuisance under this Chapter can be a lien on the property or against the owner of the property as provided in subsection (g) of this Section. (f) Alternatively, pursuant to Government Code Section 38773.5, the cost of abatement of a public nuisance under this Chapter can be a special assessment against the property as provided in subsection of this Section. (g) If the cost of abatement is not paid within ten days after its confirmation by the City Council, the City may file in the Office of the County Recorder a certificate in substantially the following form:

NOTICE OF LIEN

10.C.a
Packet Pg. 440 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 60 On the day of , 20 , the City of Santa Monica caused a public nuisance to be abated on the real property hereinafter described pursuant to an abatement order dated, 20 .

The City of Santa Monica did on the day of , 20 , by action duly recorded in its official minutes, assess the cost of such abatement and related administrative costs, and determined that the same have not been paid. The City of Santa Monica hereby claims a lien on said real property for the net expense of the doing of said work plus related administrative costs in the sum of $, and the same shall be a lien on said property until said sum, with interest at the rate of 7% per annum, from the day of , 20 (date of confirmation of statement), has been paid in full and discharged of record. The real property herein before mentioned, and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Santa Monica, County of Los Angeles, State of California, and particularly described as follows:
(Description of Property)
Street Address
Legal
Descriptio
n
Parcel
Numbers

10.C.a
Packet Pg. 441 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 61 (Name of owner
and address)
Dated:
________
________
Building Officer
(h) From and after the date of recording the notice of lien, all persons shall be deemed to have had notice of the contents thereof. If any such lien is not paid, the City may file and maintain an action to foreclose such lien or take any other action as provided by law.
(i) As an alternative to the procedure authorized in subsection (d) of this Section and pursuant to Government Code Section 38773.5, the cost of abatement, if not paid within ten days after its confirmation by the City Council, may constitute a special assessment against that parcel of property which shall be recorded as follows:
(1) After the City Council determines that the charge will be assessed against the property, the City shall record a notice describing the abatement action and the total costs with the County Recorder.
(2) After confirmation of the report prepared pursuant to subsection (b) of this Section and recordation of the notice, certified copies of the report and the City Council resolution shall be given to the County Auditor or Assessor who shall add the amount of the assessment to the next regular tax bill levied against the parcel in the same manner as ordinary municipal taxes.

10.C.a
Packet Pg. 442 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 62 (3) The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes, and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such assessment. (4) The assessment liens shall be subordinate to all existing special assessment liens previously imposed upon the same property and paramount to all other liens except State, County and municipal taxes with which it shall be on parity. The lien shall continue until the assessment and all interest due and payable thereon has been paid.
(j) The City Council may also order that the cost for the abatement be made a personal obligation of the property owner and/or the person responsible for causing, committing or maintaining the public nuisance. The City Council shall then direct the City Attorney and the Finance Department to collect the cost of abatement. (k) The City Council may direct the City Attorney to institute a lawsuit to collect any amounts due by reason of the abatement of a nuisance by the City and to foreclose any existing liens for such amounts. Notwithstanding the provisions of this Chapter, the City Attorney may bring any appropriate civil and criminal action for abatement of any nuisance within the City pursuant to any other provision of the law.

10.C.a
Packet Pg. 443 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 63 court may order the owner or possessor to pay treble the costs of the abatement to the City.
(l) All monies recovered by payment of the charge, obligation, assessment or lien shall be paid to the City Treasurer who shall credit the same to the Nuisance Abatement Fund.

8.96.200 Violation.
(a) Any person violating any provision of this Chapter shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment.
(b) Any person convicted of violating any provision of this Chapter in a criminal case or found to be in violation of this Chapter in a civil case brought by a law enforcement agency shall be ordered to reimburse, as restitution, the City and other participating law enforcement agencies their full investigative costs and costs of abatement.
(c) Any person who violates any provision of this Chapter shall be subject to administrative fines and administrative penalties pursuant to Chapter 1.09 and Chapter 1.10 of this Code.
(d) Any interested person may seek an injunction or other relief to prevent or remedy violations of this Chapter.

10.C.a
Packet Pg. 444 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 64 (e) The remedies provided in this Section are not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties or procedures established by law.

8.96.210 Nuisance Abatement Fund.

SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance.

SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

10.C.a
Packet Pg. 445 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) 65 SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
______________________________

DOUGLAS SLOAN
City Attorney

10.C.a
Packet Pg. 446 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 (5954 : Property Maintenance and Vacant Properties) City Council Meeting: August 22, 2023 Santa Monica, California RESOLUTION NUMBER ____________ (CCS)
(City Council Series)

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

AMENDING THE ADMINISTRATIVE CITATION SCHEDULE OF FINES FOR FISCAL YEAR 2023-24 TO INCLUDE VIOLATIONS OF CHAPTERS 13.02, PROPERTY MAINTENANCE, 13.04, VACANT PROPERTIES, AND 13.06,

ABATEMENT OF NUISANCES, TO THE ADMINISTRATIVE CITATION FEE SCHEDULE AND REMOVING ALL VIOLATIONS OF CHAPTER 8.96, ABATEMENT OF NUISANCES, FROM THE ADMINISTRATIVE CITATION FEE SCHEDULE.

WHEREAS, Chapter 1.09 of the Santa Monica Municipal Code authorizes the imposition of fines for certain code violations through the issuance of administrative citations; and
WHEREAS, Section 1.09.040 states that the amount of fines for code violations imposed pursuant to Chapter 1.09 shall be set forth in a schedule of fines established by resolution of the City Council and that the fine schedule shall specify any increased fines for repeat violations of the same code provision by the same person within 36 months from the date of an administrative citation and specify the amount of any late payment charges imposed for the payment of a fine after 30 days from the date of issuance of the administrative citation; and WHEREAS, Chapter 13.02 establishes property maintenance standards which ensure that properties in the City are preserved and maintained in a good and safe condition for the owner, occupants, neighbors, and broader community; and WHEREAS, Chapter 13.04 establishes a vacant property maintenance program as a mechanism to protect the Santa Monica community from becoming blighted through the lack of adequate maintenance and security of vacant properties; and

10.C.b
Packet Pg. 447 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties (5954 : Property Maintenance and Vacant Properties) WHEREAS, Chapter 13.06 establishes a comprehensive mechanism for the identification and abatement of public nuisances within the City; and WHEREAS, most recently, on June 27, 2023, the City Council adopted Resolution Number 11536 (CCS) (“Resolution 11536”), which updated the consolidated master fine schedule for certain violations of the Santa Monica Municipal Code; and WHEREAS, effective code enforcement is vital to effectuating the City’s commitment to protecting the health, safety, welfare, and quality of life of its residents, businesses, and visitors; and
WHEREAS, the City now desires to amend and restate its consolidated master fine schedule to established non-standard fines for certain violations of Chapters

13.02, 13.04, and 13.06 of the Santa Monica Municipal Code and delete the prior fine for violations of section 8.96.030 of the Santa Monica Municipal Code;

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

SECTION 1. STANDARD FINE: Except as otherwise specifically set forth below in Section 4, the administrative citation fine amount imposed pursuant to Chapter 1.09 to the Municipal Code (“administrative citation fine amount”), for a first violation of the Santa Monica Municipal Code by a person shall be $75.00.

SECTION 2. REPEAT VIOLATIONS: Except as specifically provided in Exhibit 1, the administrative citation fine amount for a second violation of the same Municipal Code provision by the same responsible party within 36 months from the date of an administrative citation shall equal 125% of the fine amount listed in this Resolution for a first violation of that Municipal Code section at the time of the second violation.

10.C.b
Packet Pg. 448 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties (5954 : Property Maintenance and Vacant Properties) Except as specifically provided in Exhibit 1, the administrative citation fine amount for a third and any subsequent violation of the same Municipal Code provision by the same responsible party within 36 months from the date of an administrative citation shall equal 150% of the fine amount listed in this Resolution for a first violation of that Municipal Code section at the time of the third, or as applicable, subsequent violation.

SECTION 3. LATE PAYMENT CHARGES: Payment of the administrative citation fine amount after 30 days from the date of the administrative citation shall be subject to an additional late payment charge. The late payment charge shall equal 10% of the administrative citation fine amount due to the City, or 10% of the amount remaining unpaid.

SECTION 4. NON-STANDARD FINES: The specific administrative citation fine amounts applicable to first violations of each associated Santa Monica Municipal Code section or its successor legislation, or rule or regulation, are hereby established as set forth in the attached Exhibits 1 and 2 for any first violation. The fines for second and third violations for specific violations are established as provided in Exhibit 1.

Unless otherwise specifically identified in Exhibit 1, the fines for repeat violations will be increased pursuant to Section 2.

SECTION 5. The Schedule of Civil Penalties for Parking Violations and for Late Payments are hereby established as set forth in the attached Exhibit 3.

SECTION 6. The penalties listed in Exhibit 3 for a Santa Monica Municipal Code or California Vehicle Code section shall apply to all unlisted subsections, prohibiting the same violations.

10.C.b
Packet Pg. 449 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties (5954 : Property Maintenance and Vacant Properties) SECTION 7. The fines for the second, third and fourth Police Department responses to a false alarm within the same fiscal year are hereby established as set forth in the attached Exhibit 4.

SECTION 8. A false fire alarm response fine for the third and subsequent response by the Fire Department to a false alarm at the same location during a fiscal year for purposes of recovering costs associated with resources and services provided by the Santa Monica Fire Department in connection with responses to excessive false fire alarms is hereby established as set forth in the attached Exhibit

4. SECTION 9. Library fines are hereby established as set forth in the attached Exhibit 5.

SECTION 10. All fines established by this Resolution shall become effective October 1, 2023.

SECTION 11. Resolution 11536 is hereby deleted in its entirety.

SECTION 12. If there are any conflicts between the fines adopted in this Resolution and the fines adopted in any prior Resolution or schedule, the fines adopted pursuant to this Resolution shall control.

SECTION 13. The City Clerk shall certify to the adoption of this Resolution, and the same shall be in full force and effect.

APPROVED AS TO FORM:
________________________
Douglas Sloan, City Attorney

10.C.b
Packet Pg. 450 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties (5954 : Property Maintenance and Vacant Properties) Exhibit 1 - Administrative Citation Fine Schedule
Code Section Violation Description(s) Fine
SMMC 3.21.040 (a)
Dockless mobility prohibited activities - Operate,
install, or make available for rent unauthorized
dockless mobility devices without Shared Mobility
Device Operator Permit
$500
SMMC 3.21.040(b)
Dockless mobility prohibited activities - Operate,
install, or make available for rent unauthorized
dockless mobility devices in excess of Shared Mobility
Device Operator Permit
$500
SMMC 3.22.025, 3.22.110 Shared Mobility Class A - One time default fine no escalation $75
SMMC 3.22.025, 3.22.110 Shared Mobility Class B - One time no escalation $100 SMMC 3.22.025, 3.22.110 Shared Mobility Class C - Repeat violation escalation - 1st Violation $100
SMMC 3.22.025, 3.22.110 Shared Mobility Class C - Repeat violation escalation - 2nd Violation $250
SMMC 3.22.025, 3.22.110 Shared Mobility Class C - Repeat violation escalation - 3rd Violation $500
SMMC 3.22.025, 3.22.110 Shared Mobility Class D - One time no escalation $250 SMMC 3.22.025, 3.22.110 Shared Mobility Class E - One time no escalation $500 SMMC 3.22.025, 3.22.110 Shared Mobility Class F - Repeat violation escalation - 1st Violation $500
SMMC 3.22.025, 3.22.110 Shared Mobility Class F - Repeat violation escalation - 2nd Violation $750
SMMC 3.22.025, 3.22.110 Shared Mobility Class F - Repeat violation escalation - 3rd Violation $1,000
SMMC 3.22.025, 3.22.110 Shared Mobility Class G - Repeat violation escalation - 1st Violation $0
SMMC 3.22.025, 3.22.110 Shared Mobility Class G - Repeat violation escalation - 2nd Violation $0
SMMC 3.22.025, 3.22.110 Shared Mobility Class G - Repeat violation escalation - 3rd Violation $500
SMMC 3.36.290 Prohibition on use or possession of combustible fuels in and around pier $500
SMMC 4.04.070 Permit required to keep certain animals $500 SMMC 4.04.080 Restrictions on keeping horses, mules, burros, or jacks $100 SMMC 4.04.090 Fowls, maximum number permitted $100
SMMC 4.04.100 Permit required to keep hogs, bulls, or billy goats $100 SMMC 4.04.110 Restrictions on keeping cow or goats $100 SMMC 4.04.120 Staking certain unfenced animals prohibited $100 SMMC 4.04.130 Keeping bees prohibited $100
SMMC 4.04.140 Conditional permit requirements for certain animals $100 SMMC 4.04.150 Animals at-large $100
SMMC 4.04.160 Dogs prohibited on schools, beaches and parks $100 SMMC 4.04.170 Licensing of dogs required $100
SMMC 4.04.200 Dog kennels, business license required $500 SMMC 4.04.210 Non-residents, dog license requirements $100 SMMC 4.04.230 Found animals, duty to surrender $100
SMMC 4.04.270 Sufficient sustenance and shelter required $150 SMMC 4.04.290 Quarantined animal, containment required $1,000

10.C.b
Packet Pg. 451 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties (5954 : Property Maintenance and Vacant Properties) SMMC 4.04.300 Dogs, rabies vaccine required $250
SMMC 4.04.330 Veterinarians, duties of persons vaccinating dogs $250 SMMC 4.04.340 Dogs, rabies tag required $100
SMMC 4.04.350 Imported dogs, regulations $100
F&AG 30503 Impounded dogs, unspayed/unneutered (pass through to State) $40
SMMC 4.04.360 Impounded dogs, proof of rabies required $100 SMMC 4.04.370 Dogs, public nuisance/fecal matter $100
SMMC 4.04.385 Dogs in public, duty of person to possess clean -up
materials $100
SMMC 4.04.410 Vicious dogs, restrictions $1,000
SMMC 4.08.270 Restrictions on leaf blower operation $500 SMMC 4.12.060 Exterior Noise Standards $500
SMMC 4.12.070 Excessive Vibration $500
SMMC 4.12.090 Noisy Animals $250
SMMC 4.12.100 Public parks, beaches or recreational facilities restrictions $250
SMMC 4.12.110
Demolition, excavation, grading, spray painting,
construction, maintenance or repair of building
activity-hours & noise limits
$500
SMMC 4.12.120 Failure to Post Construction Hours Sign $250 SMMC 4.12.150 Business Support Operations $250
SMMC 4.12.160 Interference with Enforcement $500
SMMC 4.12.180 Gardening/Landscaping Activities-Hours of Operation $250 SMMC 4.27.010 Disruption of housing services $500
SMMC 4.27.030 Tenant Evictions for Owner Occupancy $1,000 SMMC 4.27.040 Occupancy Permits $1,000
SMMC 4.36.100 Temporary Relocation Assistance - First Offense $2,000 SMMC 4.36.100 Temporary Relocation Assistance -Second Offense $4,000 SMMC 4.36.100 Temporary Relocation Assistance - Third Offense $6,000 SMMC 4.44.010 Smoking in Elevator or Public Restroom $500 SMMC 4.44.020 Smoking in public places, work places, and restaurants $500 SMMC 4.44.030 Sale of tobacco by vending machine or out of package $750 SMMC 4.56.020 Prohibition - Tenant Harassment $1,000
SMMC 4.56.050 Buyout Offers and Agreements - Tenant Harassment $1,000 SMMC 4.62.015 (a-e) Minimum Wage Payment $500
SMMC 4.62.015 (f) Minimum Wage Bulletin $100
SMMC 4.62.015 (g) Minimum Wage Record Keeping $500
SMMC 4.62.025 Paid Sick Leave $500
SMMC 4.62.040 Service Charges $500
SMMC 4.62.060 Unlawful Practices $500
SMMC 4.62.070 Retaliation $1,000
SMMC 4.62.100 Compliance with Enforcement $1,000
SMMC 4.63.015 Hotel Worker Minimum Wage Payment $500
SMMC 4.63.025 Paid Sick Leave $500
SMMC 4.63.040 Service Charges $500
SMMC 4.63.060 Unlawful Practices $500
SMMC 4.63.070 Retaliation $1,000
SMMC 4.63.100 Compliance with Enforcement $1,000
SMMC 4.68.040 Failure to Obtain Community Events Permit $250 SMMC 5.04.240 Dogs, Cats or Animals in Eating Places $100

10.C.b
Packet Pg. 452 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties (5954 : Property Maintenance and Vacant Properties) SMMC 5.08.060 Unapproved Use of Privy (Port-a-potty) $100 SMMC 5.08.070 Failure to Clean Adjacent Sidewalk $250
SMMC 5.08.080 Failure to Maintain Clean Premises $500
SMMC 5.08.090 Failure to Properly Store Fertilizer $100 SMMC 5.08.100 Excessive manure/fertilizer as defined Near Residential $250 SMMC 5.08.110 Offensive Substance on Public Property $500 SMMC 5.08.140 Removal/Destruction of Building Officer's Posted Notice $500
SMMC 5.08.170 Unauthorized Refuse Containers in the Public Way $250 SMMC 5.08.330 Obstruction of Water Meter/Gate Valves $250 SMMC 5.08.340 Unauthorized Private Dumping Ground $500
SMMC 5.08.370 Failure to Comply with County Health Department Standards $500
SMMC 5.08.380 Refuse Collection During Prohibited Hours $250 SMMC 5.20.040 Prohibited Discharge Standards $1,000
SMMC 5.20.050 Specific Pollutant Limitations $1,000
SMMC 5.20.070 Pretreatment Facilities $1,000
SMMC 5.20.080 Additional Pretreatment Measures $1,000
SMMC 5.20.090 Spill Prevention Plans $1,000
SMMC 5.20.100 Good Housekeeping Provision $1,000
SMMC 5.20.110 Requirements for Restaurants and other Commercial Cooking $1,000
SMMC 5.20.310 Periodic Compliance Reports $1,000
SMMC 5.20.320 Report of Changed Conditions $1,000
SMMC 5.20.330 Reports of Potential Problems/Slug control Plans $1,000 SMMC 5.20.370 Monitoring and Sampling Pre-notification $1,000 SMMC 5.20.390 Sample Collection $1,000
SMMC 5.20.400 Analytical Requirements $1,000
SMMC 5.20.420 Falsifying Information $1,000
SMMC 5.20.430 Inspection and Sampling $1,000
SMMC 5.20.440 Monitoring Facilities $1,000
SMMC 6.04.020 Operating Business without Proper City License $500 SMMC 6.04.270 Failure to Post Business License $250
SMMC 6.14.060 Service Business Activities Requiring Police Permits $500 SMMC 6.20.022 Advertisements for home-sharing - Required Listing Information $250
SMMC 6.20.030.b Advertising, Facilitating, or Operating a Vacation Rental - Operating more than one homeshare $1,000
SMMC 6.20.30.a Homesharing Advertisements - Listings without a Listed Rental Price - First Offense1
$1,000
SMMC 6.20.30.a Homesharing Advertisements - Listings without a Listed Rental Price - Second Offense1
$2,000
SMMC 6.20.30.a Homesharing Advertisements - Listings without a Listed Rental Price - Third Offense1
$5,000
SMMC 6.20.30.a Homesharing Advertisements - Listings with a Listed Rental Price - First Offense1
400% of
Advertised Daily
Rate and
Minimum Stay
SMMC 6.20.30.a Homesharing Advertisements - Listings with a Listed Rental Price - Second Offense1
600% of
Advertised Daily

10.C.b
Packet Pg. 453 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties (5954 : Property Maintenance and Vacant Properties) Rate and
Minimum Stay
SMMC 6.20.30.a Homesharing Advertisements - Listings with a Listed Rental Price - Third Offense1
800% of
Advertised Daily
Rate and
Minimum Stay
SMMC 6.20.0250 Hosting platform responsibilities $1,000 SMMC 6.20.080 Regulations $250
SMMC 6.28.030 Newsrack-Operating and Maintenance Requirements $250 SMMC 6.28.030 Newsrack Without Permit $500
SMMC 6.28.040 Newsrack-Maintenance and Installation Standards $250 SMMC 6.28.050 Newsrack-Standards for Materials Sold $500 SMMC 6.32.070 Soliciting Trade on Sidewalk $500
SMMC 6.42.030 Santa Monica Outdoors Parklet Program Requirement - First Violation $500
SMMC 6.42.090 Santa Monica Outdoors Parklet Program
Administrative Regulations - First Violation $250
SMMC 6.46.020 Failure to Obtain Permit for Liquidation Sale $500 SMMC 6.46.100 Liquidation Sale-Failure to Post Permit $250 SMMC 6.48.030 Vehicle for Hire-Business license required $500 SMMC 6.48.040 Vehicle for Hire–Compulsory Insurance Coverage $1,000 SMMC 6.48.050 Vehicle for Hire–Driving of Vehicles $250 SMMC 6.48.060 Vehicle for Hire-Direct Route $500
SMMC 6.48.065 Vehicle for Hire - Compensation for Access to Passengers $500
SMMC 6.49.040 out $1,000
SMMC 6.49.060(a) Taxicab Franchise Fees - Annual Franchise Fee $1,000 SMMC 6.49.060(b) Taxicab Franchise Fees - Annual Taxicab Vehicle Permit Fee $1,000
SMMC 6.49.060(c) Taxicab Franchise Fees - Annual Taxicab Driver's Permit Fee $1,000
SMMC 6.49.070 Taxicab Franchise - Signage $500
SMMC 6.49.080 Taxicabs -Taxicabs Identification Decal Required $5,000 SMMC 6.49.090 Taximeters and Rates $250
SMMC 6.49.100 Parking of Vehicles - Stands $250
SMMC 6.49.110 Taxicab Identification and Vehicle Operating Requirements $500
SMMC 6.49.120 Taxicabs-Full Use of Taxicab $500
SMMC 6.49.130 Access to passengers on business establishment premises; exclusive arrangements limited $500
SMMC 6.49.140(a) Unauthorized taxicab services prohibited; exception $5,000 SMMC 6.49.140(c)-(e) Unauthorized taxicab services prohibited; exception $1,000 SMMC 6.49.150 Rules and regulations $1,000
SMMC 6.116.040 Unauthorized Display on Municipal Pier $250 SMMC 6.120.030 Valet Parking without Permit $500
SMMC 6.120.060 Valet Parking - Operating Requirements $250 SMMC 6.120.070 Valet Parking - Penalties $250
SMMC 6.120.090 Valet Parking - Insurance Requirements $250 SMMC 6.120.110 Valet Parking - Regulations $250
SMMC 6.120.120 Authorized Valet Parking Zones $250
SMMC 6.120.130 Valet Parking - Conformance with Applicable Laws $250

10.C.b
Packet Pg. 454 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties (5954 : Property Maintenance and Vacant Properties) SMMC 6.120.140 Valet Parking
- Conditions Imposed on Permit $250
SMMC 6.120.150 Valet Parking - Requirements for Downtown Valets $250 SMMC 6.200.030 Failure to comply with commercial cannabis administrative regulations $1,000
SMMC 6.200.040 Failure to comply with commercial cannabis permit conditions $1,000
SMMC 6.200.060 Insurance requirements $1,000
SMMC 6.200.070 Conformance with applicable laws $1,000
SMMC 6.201.010 Permit Required (Retail) $1,000
SMMC 6.202.010 Permit Required (Light Manufacturing) $1,000 SMMC 6.203.010 Nonmedicinal Cannabis Uses Prohibited $1,000 SMMC 6.22.040 Failure to Comply with Residential Leasing Requirements $1,000
SMMC 6.22.050 Failure to Comply with Residential Leasing Requirements $1,000
SMMC 6.22.060 Failure to Comply with Residential Leasing Requirements $1,000
SMMC 6.22.070 Failure to Comply with Residential Leasing Requirements $1,000
SMMC 6.22.080 Failure to Comply with Residential Leasing Requirements $1,000
SMMC 6.22.090 Failure to Comply with Residential Leasing Requirements $1,000
SMMC 6.36.030 Vendor Permit Required: First Violation $250 SMMC 6.36.030 Vendor Permit Required: Second Violation within one year of the first violation. $500
SMMC 6.36.030 Vendor Permit Required: Each additional violation within one year of the first violation. $1,000
SMMC 6.36.040 Restricted Vending Time and Locations - First Violation $100 SMMC 6.36.040 Restricted Vending Time and Locations
- Second
Violation $200
SMMC 6.36.040 Restricted Vending Time and Locations
- Each
Additional Violation (after first and second violations) $500 SMMC 6.36.050 Vending Requirements and Prohibitions
- First
Violation $100
SMMC 6.36.050 Vending Requirements and Prohibitions
- Second
Violation $200
SMMC 6.36.050 Vending Requirements and Prohibitions
- Each
Additional Violation (after first and second violations) $500 SMMC 6.36.110 Failure to comply with sidewalk vending regulations -
First Violation $100
SMMC 6.36.110 Failure to comply with sidewalk vending regulations -
Second Violation $200
SMMC 6.36.110 Failure to comply with sidewalk vending regulations -
Third Violation $500
SMMC 6.36.110 Failure to comply with vehicle vending regulations -
First Violation $250
SMMC 6.40.040 Failure to Comply with Outdoor Pilot Program Administrative Regulations $250
SMMC 7.04.210 Regulations for Resurfacing Work in Public Way $250 SMMC 7.04.230 Excavation in Public Way-Vehicle Crossing $250

10.C.b
Packet Pg. 455 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties (5954 : Property Maintenance and Vacant Properties) SMMC 7.04.240 Excavation in the Public Way
-Per Plat/Application $250
SMMC 7.04.240 Excavation in the Public Way-Due Diligence $500 SMMC 7.04.490 Connection of Sewer Without Permit $500
SMMC 7.04.650 Sewage from Vehicle into Sewer System Without Permit $500
SMMC 7.04.670 Materials/Equipment in Public Way Without Permit $500 SMMC 7.04.700 Revocation of Permits-Work to Cease $1,000 SMMC 7.04.710 Failure to Remove Materials/Equipment in Public Way $500 SMMC 7.04.720 Illumination of Building Materials Stored in Public Way $250 SMMC 7.04.730 Regulations for Building Material Deposits and Cranes $250 SMMC 7.04.740 Mixing/Storing Cementitious Materials On/Near Street $250 SMMC 7.04.750 Failure to Post Street Use Permit $250
SMMC 7.04.760 Construction Debris in Public Way $500
SMMC 7.06.050 Permit Required - Work in the Public Right-of Way $500 SMMC 7.06.330 Excavation Requirements $500
SMMC 7.06.340 Construction Requirements $250
SMMC 7.10.080 Urban Runoff Pollution Control Practices-All Properties $500 SMMC 7.10.090 Urban Runoff Reduction Requirements $500
SMMC 7.10.100 Urban Runoff Requirements for Construction Sites $500 SMMC 7.12.060 Temporary Water Service Without Permit. $500 SMMC 7.12.090 Additional Best Management Practices $500 SMMC 7.12.350 Unauthorized Use of City Water $500
SMMC 7.16.020 Excessive Water Use $250
SMMC 7.18.090 Violation of Plumbing Code Standards $500 SMMC 7.36.020 Moving Building/Structure on City Street Without Permit $500
SMMC 7.40.110 Planting of Tree in Parkway Without Permit $300 SMMC 7.40.110 Trim or Prune City Tree without Permit $500 SMMC 7.40.110 Injure/Interfere With City Tree
-No Replacement
Required $500
SMMC 7.40.110 Removal of City Tree without Permit $1,000 SMMC 7.40.110 Injure/Interfere With City Tree-Replacement Required $1,000 SMMC 7.40.130 Interference with City Tree Administration $500 SMMC 7.40.140 Intentional Damage to City Tree $1,000
SMMC 7.40.150 Unauthorized Attachment to City Tree $100 SMMC 7.40.160 Protection of Trees During Construction/Demolition $500 SMMC 7.44.020 Maintain Premises Free of Weeds $250
SMMC 7.48.020 Litter in Public Places $250
SMMC 7.48.040 Sweeping litter into gutters $250
SMMC 7.48.050 Property Owner to Keep Adjacent Public Way Free of Litter $250
SMMC 7.48.060 Litter on Private Property $250
SMMC 7.48.070 Owner to Maintain Premises Free of Litter $250 SMMC 8.04.010 Failure to Maintain-Technical Codes $500
SMMC 8.08.030 Continuing Use after Order to Discontinue Use $1,000 SMMC 8.08.050 Construction Work Without Permit $500
SMMC 8.08.070 Construction Work with Expired Permit $500 SMMC 8.08.110 Installation of Work from Unapproved Fabricator $500 SMMC 8.08.130 Occupancy Prior to Issuance of Certificate of Occupancy/ Final Inspection Approval $500
SMMC 8.08.160 Connection to Utilities Without Approval $500

10.C.b
Packet Pg. 456 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties (5954 : Property Maintenance and Vacant Properties) SMMC 8.08.160 Reconnecting Utilities after Order to Disconnect $1,000 SMMC 8.08.170 Sandblasting Regulations-General $500
SMMC 8.08.170 Sandblasting-Failure to Give Three (3) Day Notice $750 SMMC 8.08.190 Violation of Temporary Trailer Regulations $500 SMMC 8.12.090 Failure to Provide Special Inspection as Required $1,000 SMMC 8.12.090 Failure to Provide Structural Observation as Required $1,000 SMMC 8.12.150 Maintaining Pool/Spa/Fountain Water Clarity $250 SMMC 8.40.020 Fireworks Prohibited $1,000
SMMC 8.44.050 Automatic Fire Sprinklers Required $500
SMMC 8.08.200 Failure to Brace Water Heater $500
SMMC 8.96.030 Responsibility for Maintenance-Public Nuisances $1,000 SMMC 8.100.010 Construction Means and Methods Plan Required $500 SMMC 8.100.060 Compliance with Means and Methods Plan $500 SMMC 8.100.040 Failure to Provide Construction Notice to Residential Tenant $500
SMMC 8.108.100 Landscape and Irrigation Requirements $250 SMMC 9.21.050 Over Height Hedge wall or fence, Encroaching hedges $250 SMMC 9.21.180 Hazardous Visual Obstructions $500
SMMC 9.21.130 Refuse and Recycling Storage Areas $250
SMMC 9.21.080 Outdoor Commercial Lighting Standards $250 SMMC 9.21.080 Glare Beyond Property $250
SMMC 9.21.100 Storage in Required Front/Side Yard or Vacant Lot $500 SMMC 9.27.080 Illegal Nonconforming Occupancy/Use $1,000 SMMC 9.28.030 Maintain Use of Required Off-street Parking Space $250 SMMC 9.28.080 Maintain Existing Loading Space $250
SMMC 9.28.120 Storage in Parking Space $250
SMMC 9.28.120 Marking of Parking Spaces $250
SMMC 9.28.120 Wheel Stops $250
SMMC 9.28.140 Number of Bicycle Spaces Required $250
SMMC 9.28.150 Number of Vanpool, Carpool Spaces Required $250 SMMC 9.29.040 Residential Building Record-Failure to Deliver to Buyer $500 SMMC 9.31.060 Auto Repair-Open Door for Noise/Body& Fender $500 SMMC 9.31.060 Auto Repair-Outdoor Repair Work $1,000
SMMC 9.31.060 Auto Repair-Operating Hours $1,000
SMMC 9.31.060 Auto Repair- Litter $500
SMMC 9.31.060 Auto Repair-Sound $250
SMMC 9.31.060 Auto Repair-Onsite Storage of Vehicles Awaiting Repair $500 SMMC 9.31.060 Auto Repair-Test Driving on Unapproved Streets $500 SMMC 9.31.060 Auto Repair-Vehicles Awaiting Repair $500 SMMC 9.31.060 Auto Dealership
-Vehicles Awaiting Repair in
Street/Alley $500
SMMC 9.31.070 Auto Dealership-Parking and Vehicle Storage $250 SMMC 9.31.070 Auto Dealership-Failure to Control Noise $250 SMMC 9.31.070 Auto Dealership-Test Driving on Unapproved Streets $500 SMMC 9.31.070 Auto Dealership-Loading And Unloading of Vehicles $1,000 SMMC 9.31.070 Auto Dealership
-Hours of Operation Near Residential
District $1,000
SMMC 9.31.070 Auto Rental- Parking and Vehicle Storage $250 SMMC 9.31.070 Auto Rental-Failure to Control Noise $250 SMMC 9.31.070 Auto Rental-Loading and Unloading Vehicles $1,000 SMMC 9.31.070 Auto Dealership-Vehicles Awaiting Repair $500

10.C.b
Packet Pg. 457 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties (5954 : Property Maintenance and Vacant Properties) SMMC 9.31.070 Automobile Rental-Failure to Control Noise $250 SMMC 9.31.070 Automobile Rental-Loading and Unloading Vehicles $1,000 SMMC 9.31.080 Auto Wash-Vehicles in Public Way $500
SMMC 9.31.080 Auto Wash-Hours of Operation Near Residential $1,000 SMMC 9.31.150 Neighborhood Grocery Store-Delivery Hours $1,000 SMMC 9.31.185 Failure to comply with medical cannabis zoning regulations $1,000
SMMC 9.31.200 Unapproved sidewalk café in RVC district $500 SMMC 9.31.200 Unapproved sidewalk café in BCD district $500 SMMC 9.31.200 Unapproved sidewalk café in BSC, BSC3, BSC4 district $500 SMMC 9.31.200 Unapproved sidewalk café in C2 district $500 SMMC 9.31.200 Unapproved sidewalk café in C3 district $500 SMMC 9.31.200 Unapproved sidewalk café in C3C district $500 SMMC 9.31.200 Unapproved sidewalk café in C4 district $500 SMMC 9.31.200 Unapproved sidewalk café in C6 district $500 SMMC 9.31.200 Unapproved sidewalk café in CM district $500 SMMC 9.31.200 Unapproved sidewalk cafe in CP district $500 SMMC 9.31.220 Unpermitted Outdoor Uses $500
SMMC 9.31.210 Outdoor Newsstands-Zoning Regulations $250 SMMC 9.31.250 Private Tennis Courts-Lighting $250
SMMC 9.31.280 Restaurant-Hours of Operation Near Residential $1,000 SMMC 9.31.310 Senior Group Housing-Lighting $250
SMMC 9.31.320 Service Station-Vehicle for Repair in Street/Alley $500 SMMC 9.31.340 Game Arcades Bicycle Racks $250
SMMC 9.31.360 Outdoor Antique Markets $250
SMMC 9.31.370 Excessive Yard Sales in the R-1 District $100 SMMC 9.31.370 Excessive Yard Sales in the R2R District $100 SMMC 9.31.370 Excessive Yard Sales in the R-2 District $100 SMMC 9.31.370 Excessive Yard Sales in the R-3 District $100 SMMC 9.31.370 Excessive Yard Sales in the R-4 District $100 SMMC 9.31.370 Excessive Yard Sales in the R-MH District $100 SMMC 9.31.370 Excessive Yard Sales in the OP-1 District $100 SMMC 9.31.370 Excessive Yard Sales in the OP-Duplex District $100 SMMC 9.31.370 Excessive Yard Sales in the OP-2 District $100 SMMC 9.31.370 Excessive Yard Sales in the OP-3 District $100 SMMC 9.31.370 Excessive Yard Sales in the OP-4 District $100 SMMC 9.31.370 Excessive Yard Sales in the R2B District $100 SMMC 9.31.370 Excessive Yard Sales in the R3R District $100 SMMC 9.48.010 Conditions of Approval for Permits/Approvals for Land Use $500
SMMC 9.53.070 Contents of Worksite Transportation Plans $5/employee/day SMMC 9.53.080 Submission of Emission Reduction Plans and Worksite Transportation Plans $5/employee/day
SMMC 9.53.090 Employer Monitoring and Enforcement $5/employee/day SMMC 9.53.140 Developer Monitoring and Remedies for Violation $5/residential
unit/day and
$5/employee
in the
project/day
SMMC 9.61.180 Prohibited Signs $250
SMMC 9.61.230 Sign On Street, Alley or Public Place $250

10.C.b
Packet Pg. 458 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties (5954 : Property Maintenance and Vacant Properties) SMMC 9.61.240 Failure to Remove Prohibited Nonconforming Sign $1,000 SMMC 13.02.040 Responsibility for maintenance - Public Nuisances - 1st Violation $500
SMMC 13.02.040 Responsibility for maintenance - 2nd Violation $1,000 SMMC 13.02.040 Responsibility for maintenance - 3rd Violation $2,000 SMMC 13.02.050 Violations Generally - 1st Violation $500 SMMC 13.02.050 Violations Generally - 2nd Violation $1,000 SMMC 13.02.050 Violations Generally - 3rd Violation $2,000 SMMC 13.02.060 Specific Violations - 1st Violation $500 SMMC 13.02.060 Specific Violations - 2nd Violation $1,000 SMMC 13.02.060 Specific Violations - 3rd Violation $2,000 SMMC 13.02.090 Environmental Testing, Remediation, and Reporting - 1st Violation $500
SMMC 13.02.090 Environmental Testing, Remediation, and Reporting - 2nd Violation $1,000
SMMC 13.02.090 Environmental Testing, Remediation, and Reporting - 3rd Violation $2,000
SMMC 13.04.040 General Vacant Property Standards - 1st Violation $1,000 SMMC 13.04.040 General Vacant Property Standards - 2nd Violation $2,000 SMMC 13.04.040 General Vacant Property Standards - 3rd Violation $5,000 SMMC 13.06.030 Responsibility for maintenance - Public Nuisances - 1st Violation $1,000
SMMC 13.06.030 Responsibility for maintenance - Public Nuisances - 2nd Violation $2,000
SMMC 13.06.030 Responsibility for maintenance - Public Nuisances - 3rd Violation $5,000
SMMC 13.06.050 Public nuisances - 1st Violation $1,000
SMMC 13.06.050 Public nuisances - 2nd Violation $2,000
SMMC 13.06.050 Public nuisances - 3rd Violation $5,000
The following code sections are from the California Fire Code (CFC), Title 19 of the California Code of Regulation (T19) and the California Building Code Standards (CBC) adopted pursuant to Santa Monica municipal code sections 8.40.010 and 8.12.010 and state law.

CFC 104.11.2 Obstructing Fire Department Operations $1,000 CFC 105.1.1 Permits(s) Required $250
CFC 105.3.3 Occupancy prohibited before approval $1,000 CFC 105.3.5 Posting Permit $125
CFC 105.4.6
One set of approved plans kept on the site of the
building or work during which the work authorized is in progress.
$125
CFC 105.6.16(5) Permit (remove fuel by means other than dispensing) $250 CFC 105.6.16(7) Permit (place temporarily out of service) $250 CFC 105.6.16(8) Permit (change contents of tank) $250
CFC 105.6.37 Permit Required to Operate a Place of Public Assembly $500 CFC 105.7.13 Hazardous materials construction permit $500 CFC 106.3 Work commencing before permit issuance $1,000 CFC 107.2.2 Work shall not be done beyond the point indicated without approval $500
CFC 108.1 Maintenance of safeguards $125
CFC 108.2 Testing and operation of equipment $125
CFC 108.3 Availability of test and inspection records to Fire Dept. $125 CFC 108.6 Overcrowding-Exceed Maximum Occupant Load $1,000

10.C.b
Packet Pg. 459 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties (5954 : Property Maintenance and Vacant Properties) CFC 110.1 Unlawful Acts $500
CFC 110.3.2 Compliance with Orders and Notices $500
CFC 110.3.4 Removal/Destruction of Sign/Tag $250
CFC 111.1 Unsafe Building $500
CFC 111.1.1 Unsafe Conditions $500
CFC 111.2 Stopping Use, Evacuation $500
CFC 112.1 Stop Order $250
CFC 112.1 Stop Order-Failure to Comply $1,000
CFC 112.4 Continue to work after Stop Work Order $1,000 CFC 301.1 Clothes Dryer Free of Lint $250
CFC 303.2 Fire Protection for Asphalt Kettles $250
CFC 304.1 Combustible Waste Material Accumulation Creating a Fire Hazard $125
CFC 304.1.2 Combustible Vegetation $125
CFC 304.3 Location of Rubbish Dumpsters $125
CFC 305.1 Clearance from Ignition Sources $125
CFC 305.2 Hot Ashes and Spontaneous Ignition Sources $500 CFC 305.4 Deliberate or Negligent Burning $500
CFC 307.1 Prohibited Open Burning $500
CFC 308.1 Open/Illegal Burning $500
CFC 308.1.4
Charcoal burners and other open flame cooking
devices shall not be operated on combustible balconies
or within 10' of combustible storage
$250
CFC 308.1.6.3 Sky Lanterns $500
CFC 308.1.8 Improper Use of Flaming Food/Beverage $250
CFC 308.2 Candles/Open flame Prohibited without permit $250 CFC 308.3.1 Improper Use of Candle/Open Flame $250
CFC 310.3 No Smoking Signs Posted and Enforced $75
CFC 311.1 Maintain Vacant Building/Property $1,000
CFC 311.2 Safeguarding Vacant Premises $500
CFC 311.3 Combustible/Hazardous Material in Vacant Building $1,000 CFC 315.3 Store Combustible Storage in Orderly Manner $125 CFC 315.3 Provide Clearance Of Heat Producing Appliances and Combustible Materials (keep area lint free) $125
CFC 315.3.1 Required Ceiling Clearance $125
CFC 315.3.2 Combustibles Stored in Exit $250
CFC 315.3.3 Combustible Material in Elec/Mech/Boiler Room $125 CFC 315.3.4 Storage Combustible Materials in Attic or Under floor $125 CFC 315.4 Storage Combustible Materials Outside of Building $125 CFC 401.3 Failure to Report Emergency $500
CFC 401.5 Report False Alarm $500
CFC 404.6 Egress Plan Posted $75
CFC 405.1 Emergency Plans/Fire Drills $125
CFC 405.2 Fire Drills Required $125
CFC 503.4 Obstruct Fire Access Road/Lane $125
CFC 504.1 Maintain Required Access to Building $250
CFC 504.2 Maintain Exterior Doors/Openings $250
CFC 505.1 Premises Identification Required $75
CFC 506.1 Provide Knox Box $75
CFC 506.2 Key Box Maintenance / Key Inventory $75
CFC 507.5.4 Obstruction of Hydrant/Fire Protection Equipment $250

10.C.b
Packet Pg. 460 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties (5954 : Property Maintenance and Vacant Properties) CFC 509.1 Provide Identification Sign On Room/Door $125 CFC 509.1 Fire protection equipment shall be identified in an approved manner $125
CFC 509.2 Approved access shall be provided and maintained for all fire protection equipment $125
CFC 510.6 Emergency Responder Radio Coverage System
Maintenance $500
CFC 603.4.2 Portable outdoor gas fire heating appliances $250 CFC 603.5.2 Maintain Heating Equipment/Appliance $125
CFC 603.8.2 Spark Arrestor Required $250
CFC 603.9 Protect Gas Meters/Piping $250
CFC 604.1 Abate Electrical Hazard $125
CFC 604.3 Provide working space and clearance in front of electrical service equipment $125
CFC 604.3.1 Label Electrical Room/Switchboard/Panel $75 CFC 604.4 Provide Listed Power Tap With Over-current Protection $75 CFC 604.4.3 Improper Use/Power Taps $75
CFC 604.5 Extension Cords Prohibited $125
CFC 604.5 Improper Use of Extension Cords $75
CFC 604.10.2 Portable, electric space heaters shall be plugged directly into an approved receptacle $125
CFC 604.10.4 Portable, electric space heaters shall not be operated within 3 feet of any combustible materials. $125
CFC 605.5 Access to Refrigeration Systems $125
CFC 605.8 Failure to have refrigerant detector $500
CFC 607.2 Commercial Kitchen Exhaust Hood Required $500 CFC 607.3.3 Hoods, Grease
-Removal Devices, Fans, Ducts, Etc. shall
be Cleaned at Req'd Intervals $250
CFC 703.1 Maintain Fire Resistive Construction $250
CFC 705.2 Maintain Fire Assemblies/Doors $500
CFC 705.2 Obstruction of Fire Assembly/Door $500
CFC 705.2.6 Test Fire Doors $125
CFC 704.2 Protection of Floor Openings $250
CFC 806.1.1 Natural cut trees shall be restricted in specific occupancies. $125
CFC 807.1 Maintain Flame Resistant Treatment $250
CFC 901.6 Maintain Fire Protection System/Appliance $1,000 CFC 901.7 Fire Watch Required-Problematic Systems $500
CFC 901.8 Tamper with Fire Department Equipment $1,000
CFC 901.8 Tamper with Fire Hydrant/Appliance $1,000
CFC 901.8.1 Tamper with Barriers/Locks/Signs/Seals $1,000 CFC 903.2 Fire Sprinkler System Required $1,000
CFC 903.2.11.6 Additional Fire Suppression System Required $1,000 CFC 904.12 Hood Fire Extinguishing System Required to Protect all Areas $1,000
777 906.4 Provide a Type K Fire Extinguisher $75
CFC 904.12.5 Kitchen Hood Extinguishing System Service $250 CFC 906.1 Provide Fire Extinguisher Based on
Use/Hazard/Occupancy $75
CFC 906.2 Maintenance and Required Service Intervals for Fire Extinguishers $75

10.C.b
Packet Pg. 461 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties (5954 : Property Maintenance and Vacant Properties) CFC 906.3 Fire Extinguisher Size and Distribution $75
CFC 906.6 Post Signs Indicating Location of Fire Extinguisher $75 CFC 907.2 Fire Alarm System Required to be Installed and Maintained $1,000
CFC 907.2.8 Install and Maintain Smoke Detectors (Existing R-1) $250 CFC 907.8.5
Building owners shall be responsible to maintain the
fire and life safety systems in an operable condition at all times.
$1,000
CFC 912.4 Maintain Access To and Operation of Standpipes, FDC and Sprinkler control valves $250
CFC 1004.9 Post Occupant Load $125
CFC 1006.3.3 Single Exits $250
CFC 1010.1 Failure to Maintain Exit Doors $1,000
CFC 1010.1.4.4 Locks in Educational Occupancies $500
CFC 1010.1.9.4 Signage-Doors Unlocked During Business Hours $125 CFC 1010.1.9.5 Exit Door Locked/Secured with Non-approved Lock $500 CFC 1010.1.10 Panic Hardware Required $250
CFC 1010.2 Locks on Exit Gates $1,000
CFC 1011.1 Maintain Stairways $250
CFC 1011.7.4 Storage Under Stairways $500
CFC 1013.1 Exit Signs Required $250
CFC 1013.6.3 Failure to Provide Exit Signs with Emergency Power $250 CFC 1014.1 Maintain Handrails $250
CFC 1018.1 Aisles Required $250
CFC 1018.1 Obstruct Aisle or Exitway $500
CFC 1020.3 Maintain Corridor $250
CFC 1023.9 Stairway Identification $125
CFC 1025.1 Luminous Egress Pathway Markings in Highrise $125 CFC 1029.15 Bonding of Chairs Required $125
CFC 1030.5 Equip Bars/Grates On Sleeping Room With Approved Interior Release Devices $500
CFC 1031.1 Maintain Means of Egress $500
CFC 1031.2 Exit Reliability $1,000
CFC 1031.3 Obstructions in the Means of Egress $500
CFC 1031.4 Exit Sign Illumination Required $250
CFC 1031.6 Finishes, Furnishings and Decorations $250
CFC 1031.7 Obstruct/Maintain Emergency Escapes $1,000
CFC 1031.1 Maintain Egress Lighting $250
CFC 1103.1 Construction Requirements in Existing Buildings $250 CFC 1104.1 Means of Egress for Existing Buildings $250
CFC 1104.16.7 Obstruct/Maintain Fire Escape $1,000
CFC 1113.1 Existing R-1 and R-2 Occupancy Requirements $250 CFC 1114.1 Existing Highrise Requirements $250
CFC 1115 Existing Group-I Requirements $250
CFC 1203.1 Maintain Emergency Power Equipment $500
CFC 1206.2 Stationary Storage Battery Systems $500
CFC 2101.1 Dry Cleaner Requirements $250
CFC 2203.4 Dust Collection Required $250
CFC 2303.2 Provide an approved emergency disconnect switch to stop transfer of fuel in event of emergency $500

10.C.b
Packet Pg. 462 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties (5954 : Property Maintenance and Vacant Properties) CFC 2306.7.4 Failure to maintain an approved automatic emergency shutoff valve $500
CFC 2305.6 Warning signs shall be conspicuously posted within sight of each dispenser in the fuel dispensing area. $125 CFC 2404.2 Spray-Finish Operations Prohibited $1,000
CFC 2404.4 Fire Protection System Required for Spray
Booths/Rooms $1,000
CFC 3103.2 Approval required to erect , operate or maintain a tent in excess of 400 sq ft $500
CFC 3103.5 Tents shall not be erected for a period of more than 180 days $500
CFC 3103.8 Location of Tents $250
CFC 3103.9 Tent Anchoring $250
CFC 3201.1 High Pile Storage Requirements $500
CFC 3313.1 Standpipe System Required During Construction $1,000 CFC 3504.1.1 Hot Work-Clearance to Combustibles $250
CFC 3504.1.7 Hot Work-Non Approved Location $250
CFC 3504.2.6 Fire Protection Equipment for Hot Work $250 CFC 3505.2 Storage of Welding Equipment $250
CFC 5001.3.3 Performance requirements of
equipment/documentation $250
CFC 5001.3.3.8 Detection of gas or vapor release. $500
CFC 5001.5.1 Hazardous Material Management Plan $1,000
CFC 5001.5.2 Hazardous Materials Inventory Statement $1,000 CFC 5001.6.1 Permit/Monitoring requirements for out
-of-service
facilities $250
CFC 5003.1 General/Hazardous Materials $500
CFC 5003.1.1 Maximum Allowed Quantity Per Control Area $500 CFC 5003.2 Design/maintenance of equipment for hazardous materials $250
CFC 5003.2.2.1 Provide Emergency Shut-off Valves and Signs $250 CFC 5003.2.9.2 Testing frequency $125
CFC 5003.2.5 Empty Containers and Tanks $125
CFC 5003.2.6 Maintenance of Equipment, Machinery, and Req'd Detection and Alarm $500
CFC 5003.2.6.2 Defective Cylinders, Containers and Tanks Shall Be Removed from Service $250
CFC 5003.2.9 Required Testing of Equipment, Devices and Systems per 5003.2.9.1 $500
CFC 5003.3.1 Release of Hazardous Materials $1,000
CFC 5003.3.1.2 Provide Approved Method to Control Unauthorized Spills $250
CFC 5003.4 SDS Forms Readily Available $125
CFC 5003.5 Provide Hazardous Identification Signs $125
CFC 5003.5.1 Provide Markings or Labels on Containers or Packages $125 CFC 5003.9.1 Training of Personnel/Written Procedures $500 CFC 5003.9.3 Provide Guard Posts to Protect Storage Area or Tanks $250 CFC 5003.9.5 Provide Approved Means to Prevent Static Electricity Charge $250
CFC 5003.9.8 Separate Containers of Incompatible Materials $500 CFC 5003.9.9 Provide Shelves with Lip or Guard $125

10.C.b
Packet Pg. 463 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties (5954 : Property Maintenance and Vacant Properties) CFC 5004.1 General Storage of Hazardous Materials $500
CFC 5004.2.2 Provide Secondary Containment for Hazardous Materials $250
CFC 5004.2.2.5 Approved monitoring method $250
CFC 5004.11 Keep Storage Area or Tanks Clear of Combustible Material $250
CFC 5005.2.1.4 Secondary Containment for Liquid Used in Open Systems Inside a Building $250
CFC 5005.3.5 Secondary Containment for Liquid Used in Open Systems Outside a Building $250
CFC 5303.4.3 Provide Labels on Gas Piping $125
CFC 5303.5.3 Secure Compressed Gas Cylinders $125
CFC 5307.3.1 Failure to provide mechanical ventilation or emergency alarm system where CO2 can collect $500
CFC 5307.3.2 Failure to provide gas detection system with CO2 systems
$500
CFC 5601.1.3 Possession of Illegal Fireworks $1,000
CFC 5703.3 Site Assessment $500
CFC 5704.2.7.10 Leak Reporting $1,000
CFC 5704.2.11.3 Overfill prevention system $125
CFC 5704.2.11.4.2 Approved method of leak detection $500 CFC 5704.2.13.1.2 Conditions for tanks out of service for 90 days $500 CFC 5704.2.13.1.3 Conditions for tanks out of service for 1 year $1,000 CFC 5704.3.1.1 Store Flammable/Combustible Liquids in Approved Container $250
CFC 5704.3.2 Store Flammable/Combustible Liquid in Approved Cabinet(s) $250
CFC 5704.3.3.3 Remove Flammable Liquids Near Exits $500 CFC 5705.2.4 Discontinue Gravity Dispensing $250
CFC 5705.3.6 Discontinue Cleaning Inside Building with Flammable Liquids $500
CFC 5705.3.7.5.3 Provide Secondary Containment—Flammable and Combustible Liquids $250
CFC 5707.1.1 Approval/Permit Required for Mobile Fueling $250 CFC 6109.4 LP-gas containers stored near exit access doors, exits, stairways and/or areas used as means of egress $500
CFC 6109.13 LP-gas containers shall be stored within a suitable enclosure or otherwise protected against tampering $500 1Advertised Rental Rate shall be defined as the advertised nightly rate multiplied by the minimum number of nights required to rent the dwelling or part of the dwelling. The Advertised Rental Rate shall not include deposits or ancillary fees.

Late Payment Charges:

Payment of the administrative citation fine amount after thirty (30) days from the date of the administrative citation shall be subject to an additional late payment charge. The late payment charge shall equal ten percent (10%) of the administrative citation fine amount due to the City, or ten percent (10%) of the amount remaining unpaid to the City if a portion of the fine amount was timely paid. Late payment charges shall be in addition to the amount of the administrative citation fine amount. In addition, interest shall accrue on all unpaid monies due, exclusive of late payment charges, at the rate of one half of one percent per month of the total amount due from the date the administrative citation fine amount becomes delinquent until the date that all delinquent amounts are paid to the City.

10.C.b
Packet Pg. 464 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties (5954 : Property Maintenance and Vacant Properties) Standard Fine:

Except as otherwise specifically set forth, the administrative citation fine amount imposed pursuant to Chapter

1.09 to the Municipal Code (“administrative citation fine amount”) for a first violation of the Santa Monica Municipal Code by a person shall be Seventy-Five Dollars ($75.00).

Repeat Violations:

Unless otherwise stated in this fine schedule, the administrative citation fine amount for a second violation of the same Code provision by the same responsible party within thirty-six (36) months from the date of an administrative citation shall equal one hundred twenty-five percent (125%) of the fine amount listed in this Resolution for a first violation of that Municipal Code section at the time of the second violation. The administrative citation fine amount for a third and any subsequent violation of the same Code provision by the same responsible party within thirty-six (36) months from the date of an administrative citation shall equal one hundred fifty percent (150%) of the fine amount listed in this Resolution for a first violation of that Municipal Code section at the time of the third, or as applicable, subsequent violation.

10.C.b
Packet Pg. 465 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties (5954 : Property Maintenance and Vacant Properties) S
R
IOS
Driver or
Vehicle
Permittee
Franchisee
Driver or
Vehicle
Permittee
Franchisee
Driver or
Vehicle
Permittee
Franchisee
Driver or
Vehicle
Permittee
Franchisee
Driver or
Vehicle
Permittee
Franchisee
Schedule A $50 $50 $100 $100 $150 $150
$250
or Suspension
IOS
$500
$500
or
Suspension
IOS
$300
Schedule B N/A $100 N/A $200 N/A $300 N/A $500 N/A
$500
IOS
Schedule C
$250
or
Suspension
IOS
$500
$500
or
Suspension
IOS
$2,500 N/A N/A
$1,000
or
Revocation
IOS
$2,500
Schedule D N/A
$1,000
IOS
N/A
$5,000
or
Suspension
IOS

N/A N/A N/A
$5,000
or Suspension
IOS
Exhibit 2 - Administrative Citation Schedule of Fines for Violations of Taxicab Rules and Regulations

SCHEDULE I

SCHEDULE OF FINES FOR VIOLATION OF TAXICAB RULES AND REGULATIONS Every franchisee, vehicle permittee and driver who does not comply fully with any one or more of the Department’s rules and regulations, with the terms and conditions of a taxicab franchise or the Santa Monica Municipal Code shall be guilty of a violation and subject to the penalty schedule as shown in the brackets at the end of each rule. Each day that a violation continues shall constitute a separate and distinct violation.

If a penalty due date falls on a weekend or holiday, penalties are due the next City business day.

Any suspension of a permit shall be recorded on the driver’s Permit Suspension Record and will be considered when applying Taxicab Rule 306f.

A permittee must serve a suspension during a period of time in which the Taxicab Driver’s Permit has been physically turned in to the City.

Monetary Penalty Increments:

Penalties shall accumulate without limit.

Suspension of Franchisee’s Franchise:

Whenever the cumulative amount of the monetary penalty assessed against any franchisee for any calendar quarter period exceeds $10,000, the franchisee’s franchise is subject to immediate suspension.

LEGEND:
= Suspension
= Revocation
= Immediate Out of Service (Driver and/or Vehicle) at the Full Discretion of the Police Penalty Schedules:

The following progressive penalties shall be applied when the same driver, vehicle permittee, or franchisee is guilty of a second or subsequent violation of the same rule or any combination of the rules listed for the same Progressive Penalty Schedule within any 24-month period. When IOS appears in a penalty, a driver or vehicle may be placed in an Immediate Out of Service status at the absolute discretion of the Police Officer.

Penalty
Schedules
Penalties
First Violation
Penalties
Second Violation
Penalties
Third Violation
Penalties
Fourth or More Violation
Penalties
Conduct / Public Safety
Violation
See
Penalties
Conduct / Public Safety
Violation
See
Penalties
Conduct / Public Safety
Violation
Taxicab Fines E2 - 1

10.C.c
Packet Pg. 466 Attachment: Exhibit 2 - Taxicab (5954 : Property Maintenance and Vacant Properties)

ASSIGNED PENALTY SCHEDULE
Taxicab Rule Penalty Schedule
201a. Schedule D
201b. Schedule C
202 Schedule D
203 Schedule D
204 Schedule D-Conduct
205 Schedule B-Conduct
206 Schedule B – Conduct
207 Schedule D-conduct
208 Schedule B–Conduct
209 Schedule A-Conduct or B-Conduct
210 Schedule A-Conduct or Schedule B-Conduct
211 Schedule B
212 Schedule B
213 Schedule B–Public Safety
214 Schedule A-Conduct or B-Conduct
215 Schedule B–Public Safety
216 Schedule D
217 Schedule D
218 Schedule B
219 Schedule B
220 Schedule B
221 Schedule B
222 Schedule B
223 Schedule B
224 Schedule D
225 Schedule B-Public Safety
226 Schedule B
227 Schedule B
228 Schedule B
229 Schedule B
230 Schedule A or Schedule B
231 Schedule B
232 Schedule B– Public Safety
233 Schedule B
234 Schedule B-Public Safety
235 Schedule B
236 Schedule B
237 Schedule B-Conduct
238 Schedule B-Conduct
239 Schedule B-Conduct
240 Schedule A-Conduct
241. Schedule B
242. Schedule B
243. Schedule B
244. Schedule C-Conduct or Schedule D-Conduct
301. none
302. none
303. none
304. none
305. none
306. none
307. none
401. Schedule A–Conduct
402. Schedule C–Public Safety
403a. Schedule C – Public Safety
403b. Schedule C-Public Safety
404. Schedule C–Public Safety
405. Schedule A-Public Safety
406. Schedule A-Conduct
407. Schedule C–Public Safety
408. Schedule C-Public Safety
409. Schedule C-Conduct
410. Schedule A
411. Schedule A-Conduct for 1st Violation, Schedule C-Conduct for 2nd Violation 412. Schedule C–Conduct
413. Schedule C–Conduct
414. Schedule A-Conduct for 1st Violation, Schedule C– Conduct for 2nd Violation 415. Schedule A-Conduct
416. Schedule C
417. Schedule C
Taxicab Fines E2 - 2

10.C.c
Packet Pg. 467 Attachment: Exhibit 2 - Taxicab (5954 : Property Maintenance and Vacant Properties) Taxicab Rule Penalty Schedule
418. Schedule C
419a Schedule A-Public Safety
419b Schedule A
419c Schedule A-Conduct
419d Schedule C-Conduct
419e Schedule A
420a. Schedule C–Public Safety
420b. Schedule C
420c. Schedule A
421. Schedule A-Public Safety
422a. Schedule A
422b. Schedule C
422c. Schedule C
422d. Schedule A–Public Safety
423a. Schedule A-Public Safety
423b. Schedule A-Public Safety
423c. Schedule A-Public Safety
424. Schedule C
425. Schedule A-Public Safety
426. Schedule A-Public Safety
427. Schedule A
428. Schedule A-Conduct
429. Schedule A
430a. Schedule A
430b. Schedule A
430c. Schedule A
430d. Schedule A
430e. Schedule A
430f. Schedule A-Conduct
430g. Schedule A-Conduct
430h. Schedule A
430i. Schedule A-Conduct
430j. Schedule A-Conduct
430k. Schedule A-Conduct
430l. Schedule A-Conduct
430m. Schedule A-Conduct
430n. Schedule A
430o. Schedule A
431. Schedule A
432. Schedule A-Conduct or Schedule C–Conduct at the Discretion of the City 433. Schedule A
434a. Schedule A–Conduct
434b. Schedule A
435. Schedule C
436. Schedule A
437. Schedule A
438. Schedule A
439a. Schedule C
439b. Schedule C-Conduct
439c. Schedule C
440. Schedule A-Conduct
441. Schedule C–Conduct
442. Schedule A
443. Schedule A
444. Schedule A
445. Schedule A
446. Schedule A
447. Schedule A–Public Safety
448. Schedule A
449. Schedule A
450. Schedule A
451. Schedule A
452. Schedule A
453. Schedule A
454. Schedule A
455. Schedule A
456a. Schedule A
456b. Schedule A
456c. Schedule A
456d. Schedule C
457. Schedule A
458. Schedule A
Taxicab Fines E2 - 3

10.C.c
Packet Pg. 468 Attachment: Exhibit 2 - Taxicab (5954 : Property Maintenance and Vacant Properties) Taxicab Rule Penalty Schedule
501. Schedule D
502. Schedule B
503. Schedule A-Conduct or Schedule B-Conduct
504. Schedule B-Conduct
505. Schedule B-Conduct
506. Schedule B
507. Schedule B
508. Schedule B-Conduct
509. none
510. none
511. none
512. none
513. none
514. none
601. Schedule A or Schedule B
602. Schedule B-Public Safety
603. Schedule A-Public Safety or B-Public Safety
604. Schedule A or Schedule B
605. Schedule A-Conduct or Schedule B-Conduct
606. Schedule A-Public Safety or Schedule B – Public Safety 607a. Schedule A or Schedule B
607b. Schedule A or Schedule B
607c. Schedule A or Schedule B
607d. Schedule A–Conduct or Schedule B-Conduct
607e. Schedule A–Conduct or Schedule B-Conduct
607f. Schedule A–Conduct or Schedule B-Conduct
607g. Schedule A or Schedule B
608. Schedule A-Public Safety or Schedule B – Public Safety 609. Schedule A-Public Safety or Schedule B–Public Safety 610. Schedule A or Schedule B
611. Schedule A or Schedule B
612. Schedule A–Public Safety or Schedule B-Public Safety 613. Schedule A–Conduct
614. Schedule A or Schedule B
615. Schedule B
616. Schedule B
617. Schedule B
618. Schedule B
619. Schedule B
620. Schedule B
621. Schedule B
622. Schedule B
623. Schedule A or Schedule B
624. Schedule A–Conduct or Schedule B-Conduct
625. Schedule A–Conduct or Schedule B-Conduct
626. Schedule B
627. Schedule B
628. Schedule B
629. Schedule A-Public Safety or Schedule B–Public Safety 630. Schedule C or Schedule D
702. none
703. none
631. Schedule A–Public Safety or Schedule B-Public Safety 632. Schedule B – Public Safety
701. none
Taxicab Fines E2 - 4

10.C.c
Packet Pg. 469 Attachment: Exhibit 2 - Taxicab (5954 : Property Maintenance and Vacant Properties) Code
Section Description City Penalty
Amount
Current
State Fees
Total
Penalty
Late Payment
Penalty Amount

3.04.030(a) Beach Parking Lot Permits (Sunset to Sunrise) $50.50 $12.50 $63.00 $63.00

3.04.050(a) Payment of Posted Fee Required-Attendant $50.50 $12.50 $63.00 $63.00

3.04.050(b) Payment of Posted Fee Required-Pay Machine $50.50 $12.50 $63.00 $63.00

3.04.100 Parking Spaces $45.50 $12.50 $58.00 $58.00

3.06.040 Car Share Permit Required $150.50 $12.50 $163.00 $163.00

3.08.110 Preferential Parking $55.50 $12.50 $68.00 $68.00

3.12.270 Disobey Posted Signs $55.50 $12.50 $68.00 $68.00

3.12.380 Parking on Drive Apron/Parkway/Sidewalk $50.50 $12.50 $63.00 $53.00

3.12.730 Green Zone - 15 Minutes $45.50 $12.50 $58.00 $58.00

3.12.740 Yellow Load Zone 7am - 6pm Mon-Sat $45.50 $12.50 $58.00 $58.00

3.12.760 White Zone - Max of 3 Minutes $45.50 $12.50 $58.00 $58.00

3.12.775a Disabled Placard - Use of Lost, Stolen, Revoked or $350.50 $12.50 $363.00 $36.00

3.12.775b Disabled Placard - Not Used For Transport of Person $350.50 $12.50 $363.00 $36.00

3.12.775c Disabled Placard - Use of Counterfeit, Forged, Altered

$350.50 $12.50 $363.00 $36.00

3.12.790(b) Head in Parking $50.50 $12.50 $63.00 $63.00

3.12.820 Block Passage of Vehicle In Alley $55.50 $12.50 $68.00 $68.00

3.12.830 Parking Prohibited in Specified Places $60.50 $12.50 $73.00 $73.00

3.12.840 Overtime Parking $45.50 $12.50 $58.00 $58.00

3.12.845 Street Sweeping $60.50 $12.50 $73.00 $73.00

3.12.850 30 Minute Parking Between 3-5 am $50.50 $12.50 $63.00 $63.00

3.12.860 Oversize Vehicles - 9pm - 6am $60.50 $12.50 $73.00 $73.00

3.12.870 Oversize Commercial Vehicle in Residential Area $65.50 $12.50 $78.00 $78.00

3.12.880 Parking of Trailers $65.50 $12.50 $78.00 $78.00

3.12.890 Vehicle Parked for Advertising $92.50 $12.50 $105.00 $105.00

3.12.910 Wash Car - Street Alley $40.50 $12.50 $53.00 $53.00

3.12.920 Storing/Servicing/Rebuilding - Public Way $80.50 $12.50 $93.00 $93.00

3.12.930 Parking on Private Property w/o Permission $55.50 $12.50 $68.00 $68.00

3.12.950 Parking on Private Unpaved Lot $55.50 $12.50 $68.00 $68.00

3.12.1000 Vehicle Parked on Street for Sale $92.50 $12.50 $105.00 $105.00

3.12.1010 Unattended Vehicle-Keys in Ignition $50.50 $12.50 $63.00 $63.00

3.12.1050 Parked on Front Lawn $55.50 $12.50 $68.00 $68.00

Santa Monica City CouncilAugust 22, 2023

Santa Monica City Council
August 22, 2023