Agenda packet — Santa Monica City Council, October 24, 2023 (part 1 of 3)

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: 10/25/2023 10:10 AM 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: 10/25/2023 10:10 AM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, OCTOBER 24, 2023
MEETING BEGINS AT 5:30 PM
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

1. PUBLIC INPUT
(Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item.)

1.A. Written Comments

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

ITEMS, CONSENT CALENDAR ONLY)
No public input is permitted on ordinances for second reading and adoption.

3. SPECIAL AGENDA ITEMS

3.A. League of California Cities Presentation: Helen Putnam Award for Excellence

3.B. Proclamation: Native American Heritage Month

3.C. City Manager's Report

4. CLOSED SESSIONS

4.A. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 1431 Second Street, Santa Monica, California (Parking City of Santa Monica Generated: 10/25/2023 10:10 AM Page 4 Structure 6) (APN 4291-016-902); City Negotiators: Jennifer Taylor, Economic Development Manager, and David Martin, Community Development Director; 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 - New Item Received. 10/19/2023

4.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1):

Supervisory Team Associates v. City of Santa Monica, Public Employment Relations Board, Case No. LA-CE-1608-M [report out only] - New Item Received. 10/19/2023
The following is the order of business for items to be heard no earlier than 7:00 p.m.

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. No public discussion is permitted on ordinances for second reading and adoption.)

5.A. Approval of Second Modification of Big Blue Bus (BBB) Lease Contract with Bear Communications, Inc. for Hollywood Hills Radio Site 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 second modification of agreement #10857 in the amount of $126,000 with Bear Communications, Inc., a California corporation, for the extension of an antenna site lease for the Santa Monica Department of Transportation (SMDOT). This will result in a 23- year amended agreement with a new total amount not to exceed $633,000, with future year funding contingent on Council budget approval.

5.B. Approval to add Da-Jiang Innovations Mavic 3 Enterprise and Da-Jiang Innovations Avata UAV to the City's List of Military Equipment City of Santa Monica Generated: 10/25/2023 10:10 AM Page 5 Recommended Action
Staff recommends:

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. Approval of adding a Da-Jiang Innovations (“DJI”) Mavic 3 Enterprise Uncrewed Aerial Vehicle (“UAV”), herein referred to as DJI Mavic 3, and a DJI Avata UAV, herein referred to as DJI Avata, to the City’s current inventory of existing UAV’s.

5.C. Award Agreement to Procore Technologies, Inc. for Construction Management Software
Recommended Action
Staff recommends the 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 an agreement with Procore Technologies, Inc. for Construction Management software to manage the Public Works Department Capital Improvement Program construction projects. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code (SMMC) Sections 2.24.250(b) and is for a total amount not to exceed $300,000 over three years with two, one-year renewal options with future year funding contingent on council budget approval.

5.D. Adoption of Resolution Authorizing the Application for Grant Funds from the The U.S. Department of Interior - Bureau of Reclamation FY 2024 WaterSMART Drought Response Program for the Santa Monica Groundwater Well SM-4 Replacement Project
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15302 (Class 2 – Replacement/Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines.

2. Adopt the attached resolution authorizing the application for grant funds in the amount of up to $2,375,000 from the U.S. Department of Interior - Bureau of Reclamation for the SM-4 Groundwater Well Replacement Project in 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.E. Authorization to Accept Grant from the Board of State and Community Corrections for the Organized Retail Theft Prevention Grant Program Recommended Action
Staff recommends that the City Council:

City of Santa Monica Generated: 10/25/2023 10:10 AM Page 6

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 the attached resolution authorizing the acceptance of a grant awarded in the amount of $6,125,000 from the Board of State and Community Corrections for the Organized Retail Theft Prevention Grant Program in the Police Department.

3. Authorize the City Manager to execute all necessary documents to accept the grants and all grant renewals.

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

5.F. Approval of Third Modification of Contract 10880 with Grace Environmental for Instrumentation Services for Water and Wastewater Facilities Recommended Action
Staff recommends that the City Council:

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

2. Authorize the City Manager to negotiate and execute a third modification to agreement #10880 in the amount of $380,000 with Grace Environmental for instrumentation services for the Public Works Department. This would remain a five-year agreement with a new total amount not to exceed $1,005,000, with future year funding contingent on Council budget approval.

5.G. Adoption of a Resolution approving Historic Property Preservation Agreement (Mills Act Contract)
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemptions pursuant to Sections 15308 and 15331 of the California Environmental Quality Act (CEQA) Guidelines.

2. Adopt the attached Resolution authorizing the City Manager to execute Historic Property Preservation Agreement (Mills Act Contract) between the City of Santa Monica and the owners of City-designated historic resources located at 3014 4th Street.

5.H. Award Purchase Order with Brenntag Pacific, Inc. to Furnish and Deliver Liquid Hydrofluorosilicic Acid
City of Santa Monica Generated: 10/25/2023 10:10 AM Page 7 Recommended Action
Staff recommends that the City Council:

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

2. Award Bid #4464 to Brenntag Pacific, Inc. for the purchase of liquid hydrofluorosilicic acid for the Public Works Department.

3. Authorize the Procurement Manager to issue a purchase order with Brenntag Pacific, Inc. for liquid hydrofluorosilicic acid for a total amount not to exceed $350,000 over a five-year period, with future year funding contingent on Council budget approval.

5.I. Approval of Urban Area Security Initiative 2020 Additional Grant Acceptance and Approve Third Contract Modification with Advanced Problem Solving Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to accept an additional award in the amount of $62,000 from the 2021 Urban Area Security Initiative (UASI) for homeland security projects in the Fire Department, and to approve all associated grant renewals.

2. Authorize the City Manager to execute all necessary documents to accept the grant, grant modifications, and all associated grant renewals.

3. Authorize the City Manager to negotiate and execute a third modification to Contractual Services Agreement #10967, in an amount not to exceed $62,000 with Advanced Problem Solving, LLC, (“APS”) for video and curriculum development services for the Los Angeles Area Fire Chiefs Regional Training Group (LAAFCA RTG) for the Fire Department on the same terms and conditions. This will result in a five-year amended agreement with a new total contract amount not to exceed $4,932,000, with future year funding contingent on council budget approval.

4. Adopt a finding of categorical exemption pursuant to Section 15322 of the California Environmental Quality Act (CEQA) Guidelines.

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

5.J. Adoption of a Resolution Updating the List of Persons Authorized to Conduct Transactions With the State Local Agency Investment Fund (LAIF) Recommended Action
Staff recommends that the City Council:

1. Adopt the attached resolution updating the positions/persons authorized to conduct transactions with the State Local Agency Investment Fund (LAIF) on behalf of the City; and

2. 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.

5.K. Adoption of a Resolution Revising Executive Pay Plan (EPP) to Provide for Relocation Allowance Benefit - New Item Received. 10/19/2023 City of Santa Monica Generated: 10/25/2023 10:10 AM Page 8 Recommended Action
Staff recommends that the City Council:

1. Adopt the attached Resolution authorizing the City Manager to revise the Executive Pay Plan (EPP) to provide for a relocation allowance benefit.

2. Adopt a finding of categorical exemption pursuant to Section 15324 (Class 24 Regulations of Working Conditions) of the California Environmental Quality Act (CEQA) Guidelines.

5.L. City Council - Regular Meeting - Jul 25, 2023 5:30 PM - New Item Received. 10/19/2023

6. PUBLIC INPUT ON REMAINING AGENDA ITEMS

7. STUDY SESSION
No items

8. CONTINUED ITEMS

8.A. Introduction and First Reading of an Ordinance Replacing Santa Monica Municipal Code Chapter 7.04.800 (Access and Street Improvements) in its Entirety - Continued from the October 10, 2023 meeting.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of exemptions pursuant to Section 15301, 15303, 15304, and 15305 of the California Environmental Quality Act (CEQA) Guidelines and Section 21080.25 of CEQA.

2. Introduce for first reading the attached ordinance replacing the codified text of Santa Monica Municipal Code Chapter 7.04.800 in its entirety to clarify the City’s public right of way requirements for new development.

8.B. Introduction and First Reading of Ordinance Amending Santa Monica Municipal Code Section 2.24.110 and 2.24.220(g)(Master Services Agreements) - Continued from the October 10, 2023 meeting.

Recommended Action
Staff recommends that the City Council:

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

2. Introduce for first reading a proposed ordinance amending Santa Monica Municipal Code Sections 2.24.110 and 2.24.220(g) related to Master Services Agreements.

City of Santa Monica Generated: 10/25/2023 10:10 AM Page 9

8.C. Introduction and First Reading of an Interim Zoning Ordinance Amending the Text of the Zoning Ordinance to: (1) Replace the Term “Medical Marijuana Dispensary” with “Medicinal Cannabis Retailer”; (2) Remove Certain Requirements for Medicinal Cannabis Retailers for Consistency with State Law; and (3) Permit Medicinal Cannabis Retailers To Deliver, Cultivate, and Sell Adult-Use Cannabis or Adult-Use Cannabis Products to Persons 21 Years of Age and Over - Continued from the October 10, 2023 meeting.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Introduce for first reading an Interim Zoning Ordinance amending the text of the Zoning Ordinance to replace the term “Medical Marijuana Dispensary” with “Medicinal Cannabis Retailer”, to remove certain requirements for Medicinal Cannabis Retailers for consistency with State law, and to permit Medicinal Cannabis Retailers to deliver, cultivate, and sell adult-use cannabis or adult-use cannabis products to persons 21 Years of Age and Over.

3. Introduce for first reading an Ordinance amending Section 6.203.010 of the Santa Monica Municipal Code to allow medicinal cannabis retailers with medicinal cannabis permits issued before October 10, 2023, to deliver, cultivate, and sell adult-use cannabis and adult-use cannabis products to persons 21 years of age and over, subject to Santa Monica Municipal Code Section 9.31.185.

8.D. Introduction and First Reading of Water and Wastewater Capacity Study Ordinances - Continued from the October 10, 2023 meeting.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15061 (b)(3) and Section 15308 of the California Environmental Quality Act (CEQA) Guidelines.

2. Introduce for first reading the attached ordinance to amend Santa Monica Municipal Code 7.12.180 to require water capacity studies for new developments.

3. Introduce for first reading the attached ordinance to amend Santa Monica Municipal Code 7.04 to require wastewater capacity studies for new developments.

8.E. Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on 6/30/2025 (Continued from 10/10/2023). - Continued from the October 10, 2023 meeting.

8.F. Recommendation to accept Cinzia Paganuzzi's resignation from the Disabilities Commission and authorize the City Clerk to publish the vacancy (Continued from 10/10/2023). - Continued from the October 10, 2023 meeting.

City of Santa Monica Generated: 10/25/2023 10:10 AM Page 10

8.G. Request of Mayor Davis and Councilmembers Torosis and Zwick that the City Council support the Justice for Renters Act. The California Secretary of State has verified that the Justice for Renters Act has qualified for the November 2024 state ballot. The Justice for Renters Action is an initiative which will expand local control over rent laws by replacing The Costa-Hawkins Rental Housing Act. Costa Hawkins prohibits rent control on single-family homes, condominiums and rental units that were built after 1995. The Justice for Renters Act removes this ban on rent control in California, giving local communities the right to stabilize rents and make apartments more affordable for low-income and middle-income renters. Repealing Costa Hawkins will help local government address one of the root causes of homelessness-- skyrocketing rents and unaffordable housing. Mayor Davis and Councilmembers Torosis and Zwick also request that the City Manager issue a press release indicating the City Council’s support for the proposed ballot initiative and send a letter of support from the City to the Governor, Senator Ben Allen, Assemblymember Rick Zbur, and to the proponents of the Justice For Renters Act. - Continued from the October 10, 2023 meeting.

8.H. Request of Councilmember Torosis, Mayor Davis and Councilmember Zwick that the City Council adopt a resolution in support of the tenants of Barrington Plaza as they fight mass eviction, and direct staff to send copies of the adopted resolution to the Barrington Plaza tenants' association, Los Angeles Mayor Karen Bass, the Los Angeles City Councilmember that represents the tenants of Barrington Plaza, and to Douglas Emmett Inc. headquartered in Santa Monica, and other parties as deemed appropriate. - Continued from the October 10, 2023 meeting.

8.I. Request of Councilmember Zwick, Councilmember Torosis and Mayor Davis that the City of Santa Monica support AB 1033 (Ting) and, upon the governor’s signature, draft a local ordinance to allow the separate conveyance of the primary dwelling unit and ADU or ADUs as condominiums. - Continued from the October 10, 2023 meeting.

8.J. Request of Councilmember Brock that the City Attorney and City Manager consider developing and evaluate the impacts of an ordinance prohibiting the manufacture, sale, and/or installation of engineered countertops in Santa Monica. The fabrication of engineered countertops releases silica dust, and inhalation of silica dust can cause silicosis, a serious and deadly disease. On June 6, 2023, the Los Angeles County Board of Supervisors adopted a motion instructing the Director of Public Health to report on options to ban the sale, fabrication, and installation of silica fabricated stone in Los Angeles County.

In addition, the California Division of Occupational Safety and Health has indicated that they will develop workplace standards for workers who handle engineered stone. Prior to developing a local ordinance, the City Attorney and City Manager are being asked to consider the findings of the Los Angeles County Director of Public health and standards developed by Cal/OSHA to determine its feasibility. - Continued from the October 10, 2023 meeting.

City of Santa Monica Generated: 10/25/2023 10:10 AM Page 11

8.K. Request of Councilmember Zwick that the Council authorize use of his travel funds to cover the registration fees and travel expenses associated with attending the YIMBYtown Annual Conference to be held February 26-28, 2024 in Austin, TX. - Continued from the October 10, 2023 meeting.

8.L. Appointments to two unscheduled vacancies on the Housing Commission for terms ending on 6/30/2024 and 6/30/2026 (Continued from 10/10/2023). - Continued from the October 10, 2023 meeting.

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 Adoption of an Emergency Ordinance to Clean Up Errors and Restore Previously Approved Regulations for Masonry Wall Building Permit Thresholds and to Extend Building Permit Expiration Dates Recommended Action
Staff recommends that the City Council:

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

2. Introduce and adopt an emergency ordinance amending Article 8 of the Municipal Code to clean up errors and restore previously approved regulations that were inadvertently omitted by subsequent ordinance approvals.

11. STAFF ADMINISTRATIVE ITEMS

11.A. Fiscal Year 2022-23 Year-End Budget Review
Recommended Action
Staff recommends that the City Council:

1. Approve changes to the FY 2022-23 Revised Budget, as described in this report;

2. Approve changes to the FY 2023-24 Revised Budget and FY 2024-25 Approved Budget, as described in this report;

3. Adopt a Resolution of the City of Santa Monica establishing new classifications and adopting salary rates for various listed positions (Attachment A);

4. Adopt a Resolution of the City of Santa Monica establishing new classifications and adopting salary rates for listed positions in the City Attorney’s Office (Attachment B);

5. Approve the position and classification changes (Attachment C); City of Santa Monica Generated: 10/25/2023 10:10 AM Page 12

6. Adopt a Resolution of the City Council of the City of Santa Monica revising the City’s master fee schedule to establish new and revise certain user fees and charges (Attachment D); and

7. Authorize the City Manager to accept a grant award in the amount of $90,000 from the California Library Literacy Services (CLLS) for implementation of English as a Second Language Services (ESL) and to execute all necessary documents to accept the grant and all grant renewals;

8. Authorize the City Manager to accept a grant award in the amount of $514,145 from the U.S. Department of Justice under the 2023 Bureau of Justice Assistance FY 2023 Justice and Mental Health Collaboration Program to support the Services, Treatment & Empowerment Program (STEP), and to execute all necessary documents to accept the grant and all grant renewals;

9. Authorize the City Manager to negotiate and execute an agreement with Exodus Recovery for the STEP for the City Attorney’s Office. This recommended award is made as an exception to the competitive bidding process pursuant to Sections 2.24.250 (i) and 2.24.240 (a) and is for a term of 4 years at a total amount not-to-exceed $1,500,000, with future year funding contingent on Council budget approval;

10.Authorize the City Manager to negotiate and execute funding agreements with developers and existing businesses to provide funding to support coordination of large-scale development projects;

11.Authorize staff to amend the City’s Fiscal Policies to add the plan to replenish funding leveraged to pay for legal settlements and COVID-related losses, as described in Attachment E; and

12.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.

12. PUBLIC HEARINGS
No items

13. REPORTS OF BOARDS AND COMMISSIONS
No items

14. RESOLUTIONS
No items

15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
No items

16. COUNCILMEMBER DISCUSSION ITEMS
City of Santa Monica Generated: 10/25/2023 10:10 AM Page 13

16.A. Request by Mayor Davis to amend Rule 9(b) of the Council Rules of Procedure concerning Selection of Mayor and Mayor Pro Tempore to delete the sentence:
“This provision shall not be subject to a suspension of the Council Rules, and shall be implemented until duly repealed or amended by the Council,” to read as follows: (b) Selection of Mayor and Mayor Pro Tempore. As required by Charter section 604, the Mayor shall be selected by the Council. The procedure for selection shall be as follows: Beginning in December 2022, the Council shall select the longest continuously serving Councilmember, whether initially elected or appointed, to serve as Mayor for a 1 year term.

Each subsequent December the next longest continuously serving Councilmember shall be selected as Mayor for a 1 year term, then rotating each December to select the Mayor in order of the next longest serving Councilmember. If two or more Councilmembers were elected at the same election, the Councilmember receiving the higher number of votes shall be considered as having served longer for purposes of this provision. If two or more Councilmembers were initially appointed to serve at the same time, then when they each may first become eligible to be selected as Mayor, a coin flip shall decide who shall be considered as having served longer for purposes of this provision. The Mayor Pro Tempore may be selected by simple majority vote without regard to this provision. (This sentence will be deleted: "This provision shall not be subject to a suspension of the Council Rules, and shall be implemented until duly repealed or amended by the Council.")

16.B. Request by Councilmember Torosis to amend Rule 28 of the Council Rules of Procedure to provide time limit after 11 p.m., to read as follows: RULE 28.

ADJOURNMENT No new item, other than Public Input, shall be considered after 11:00 p.m. unless consideration is approved by a two-thirds vote of the Councilmembers present. (New Language Added: For all items commencing after 11:00 p.m., Councilmembers’ comments shall be limited to 1 minute each, and speaking no more than 2 times per item; questions are permitted, but the Presiding Officer shall closely monitor to ensure they are only questions, not statements of opinion; staff presentations shall be limited to 15 minutes, unless the Council by majority vote allows a longer presentation.) - Item Pulled by Requestor. 10/19/2023

16.C. Request of Mayor Pro Tem Negrete and Councilmembers Brock and de la Torre to allocate $15,000 of Council discretionary funds for the Samohi Symphony Orchestra for their upcoming tour in Germany. The funds will support families in need of financial assistance for travel expenses. - New Item Received. 10/19/2023

16.D. Request of Mayor Pro Tem Negrete and Councilmembers Brock and de la Torre to allocate $5,000 for the Lincoln Middle School band, orchestra, and choir for their upcoming performance in San Francisco. Funds will be used to support families in need of financial assistance for travel expenses. - New Item Received. 10/19/2023

ADJOURNMENT
Agendas and reports are accessible on the City's webpage at City of Santa Monica Generated: 10/25/2023 10:10 AM Page 14 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: October 24, 2023
Agenda Item: 1.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Written Comments
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:

A. Written Comments

1.A
Packet Pg. 15
1 Xavier Mota
From: Nina Girvetz <[email protected]>
Sent: Monday, October 23, 2023 1:28 PM
To: councilmtgitems
Cc: Ronald White; Allison Kandasamy
Subject: Open Main Street

EXTERNAL
Dear City Council Members,
It seems that no maƩer how gently and kindly we repeatedly ask, then beg, then finally in desperaƟon call the police to lower the extreme volume of the music in two areas within a block of each other during the Open Main Street events, nothing changes.

We live on 3rd street just north of Ashland, and every single Ɵme this event has occurred (at least four Ɵmes this year so far), the traffic on our street becomes unmanageable (stop signs ignored, pedestrians risking injury, etc.), the noise unbearable (music volume both live and canned reverberates around the enƟre area so loudly that we can hear it in every room of our home), and most area residents are terribly upset.

AŌer each event OPA sends out a survey, and each Ɵme many of us complain about the traffic and noise, and each Ɵme nothing changes. OPA insists that everyone loves these events!! People from other parts of Santa Monica may enjoy coming here to hang out, but we LIVE HERE. It is so disrupƟve to our much needed relaxaƟon on weekends, so disrespecƞul of actual homeowners and renters who pay a premium to live here.

This past weekend, we were so disturbed by the loud thumping music ALL WEEKEND LONG that around 3pm Sunday I went down to Main Street to see if I could find the person in charge and ask politely if the volume could be lowered. I was told that “someone named Jen” was in charge— but no one knew where Jen was. I asked numerous people who looked like they had some authority, but not one of them could point Jen out, and each said they had no authority to lower the music volume.

Finally, we called SMPD.

We should not have to engage the police department, who certainly has beƩer things to do.

We have been asking OPA leadership, and anyone else we could think of for a couple of years now to stop the Open Main Street “celebraƟons”. We get back either no response, or shaming. Who really wants these events to happen (is it business owners? Folks from other neighborhoods? because it definitely isn’t the majority of Ocean Park residents.) I’m wriƟng to you as a consƟtuent homeowner resident of Santa Monica for 35+ years, most of it in the Ocean Park neighborhood as a renter. There must be some way to take into consideraƟon the feelings of folks like us, who have worked very hard for peace and quiet on the weekends.

Thank you so much for your thoughƞul consideraƟon of our situaƟon.

Sincerely,
Nina Girvetz
2825 3rd street
Santa Monica 90405
ITEM 1
October 24, 2023
ITEM 1
October 24, 2023

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Attachment: Written Comments (6111 : Written Comments)
1 Xavier Mota
From: Lynda Metzger <[email protected]>
Sent: Tuesday, October 24, 2023 4:32 PM
To: councilmtgitems
Subject: Breeding dogs in Santa Monica

EXTERNAL
Dear City Council members,
I strongly oppose restricting the citizens of Santa Monica from breeding dogs and or keeping in‐tact dogs in the city of Santa Monica. We must make more efforts and outreach to partner with .orgs that do pet adoption.

Sincerely
Lynda Metzger
2450 Euclid Street
Santa Monica, CA. 90405
Sent via the Samsung Galaxy S9, an AT&T 5G Evolution capable smartphone Get Outlook for Android
Lynda Metzger
2450 Euclid St.

Santa Monica, Ca.90405
(310) 562‐2643
ITEM 1
October 24, 2023
ITEM 1
October 24, 2023

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Attachment: Written Comments (6111 : Written Comments)
1 Xavier Mota
From: GratefulHarry <[email protected]>
Sent: Tuesday, October 24, 2023 1:19 PM
To: councilmtgitems
Cc: Santa Monica City Manager's Office
Subject: Public Comments

EXTERNAL
Mayor and Members of the City Council
I submit the following comment via email and ask that they be included in the minutes of your meeting.

My comments are for an issue NOT on your Agenda, however, under your purview, safety.

I continue to urge the City to immediately install Four Way Stop Signs at the Intersections of Washington Ave and 12th St and Washington Ave and Euclid.

These intersections continue to be at high risk for serious accidents and potentially causing injury and or loss of life. The site lines, {due to narrowness and other factors, including parked cars or trucks} along with lighting {especially due to the angle of the sun and darkness at night} has resulted in multiple accidents , numerous near collisions and regular horn honking! My family and I are exposed to these risks daily, as are our neighbors.

Quite frankly, it’s baffling that the Four Way Stop Signs have not yet been installed ‐ the Four Way Stop signs are common at other intersections along Washington Avenue.

Please come by some morning, especially around 8am on weekdays to witness for yourself! What is the cost of installing these Stop Signs? Why continue to delay? There’s no need to spend resources on a study ‐ common sense and witnessing first hand is all that is needed.

As a long time resident, I see all of the major changes that have been made on the roadways of Santa Monica ‐ some of which seem quite complicated and I’m confident cost considerable dollars.

You have many big initiatives in front of you ‐ including but not limited to how to envision the future of Downtown SM post pandemic ‐ the ongoing Voting Rights law suit ‐ homelessness ‐ quality of life issues ‐ public safety ‐ I appreciate all of these large issues that could impact long term quality of life of our city bc of the impact on the budget and thus services.

Installing Four Way Stop signs at the intersections listed above is “low hanging fruit”. Please direct the staff to take action immediately and mitigate the risks to drivers and pedestrians alike.

Best,
Harry Keiley
SM Resident
Undisclosed Location
ITEM 1
October 24, 2023
ITEM 1
October 24, 2023

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Attachment: Written Comments (6111 : Written Comments)
City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 3.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Special Agenda Items Subject: League of California Cities Presentation: Helen Putnam Award for Excellence Prepared By: Gilbert Portillo, Administrative Staff Assistant Approved Forwarded to Council

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City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 3.B
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Special Agenda Items Subject: Proclamation: Native American Heritage Month
Prepared By: Gilbert Portillo, Administrative Staff Assistant Approved Forwarded to Council

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City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 3.C
1 of 1
To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: City Manager's Report
Prepared By: Sergio Ramirez, Acting Chief of Staff
Approved Forwarded to Council

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City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 5.A
1 of 5
To: Mayor and City Council
From: Anuj Gupta, Interim Director of Transportation, Department of Transportation, Finance & Administrative Services
Subject: Approval of Second Modification of Big Blue Bus (BBB) Lease Contract with Bear Communications, Inc. for Hollywood Hills Radio Site 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 second modification of agreement #10857 in the amount of $126,000 with Bear Communications, Inc., a California corporation, for the extension of an antenna site lease for the Santa Monica Department of Transportation (SMDOT). This will result in a 23-year amended agreement with a new total amount not to exceed $633,000, with future year funding contingent on Council budget approval.

Summary
In 2005, Big Blue Bus (BBB) entered into an agreement with Advanced Electronics, Inc., the predecessor-in-interest to Bear Communications, Inc. for the sublease of an antenna site in the Hollywood Hills to install and maintain radio transponders to allow BBB to communicate with its vehicles across its service area. The antenna site is the only location available to adequately provide data signals to BBB. Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to the Antenna Site Sublease Agreement #10857 with Bear Communications, Inc., for a one-year extension with two additional one-year options, and for additional compensation in an amount not to exceed $126,000 over the three5.A Packet Pg. 22
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year period. The amount for the first year of the extension would be $39,440.92. This would result in a 23-year amended agreement with a new total contract amount not to exceed $633,000, with future year funding contingent on Council budget approval. This lease was entered into as an exception to the competitive process due to Federal Communications Commission (FCC) regulations regarding BBB’s ability to transmit radio signals.

Discussion
BBB implemented an Advanced Fleet Management System (AFMS) in 2003 that provides Computer Aided Dispatch/Automatic Vehicle Location (CAD/AVL) data for its fleet of transit vehicles. In support of the AFMS, the City entered into a sublease with Advanced Electronics, Inc., the predecessor-in-interest to Bear Communications, Inc., on February 8, 2005, to install and maintain radio transponders at the Hollywood Hills antenna site.

Currently, the Hollywood Hills antenna site houses BBB’s radio equipment, which provides support for the AFMS, voice communication (two-way radio between buses and dispatch), and data regarding the location of each bus in BBB’s fleet. This location data is used for real-time signage, customer trip-planning applications such as Transit and Google Transit, vehicle tracking, automatic passenger counters (APCs) onboard the buses, the city’s network of real-time bus arrival signs at more than 100 of its bus stops, text-based bus arrival predictions, and bus arrival predictions through Interactive Voice Response.

BBB utilizes these radio frequencies to communicate with vehicles, locate and monitor those vehicles, collect data for reporting purposes, and provide real-time scheduling information to many other transit agencies and systems, as well as to customers through various applications, providing an enhanced customer service experience to the community.

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In May 2021, City Council approved the staff recommendation to award a contract to Clever Devices, Ltd., for new radio and CAD/AVL systems. Clever Devices’ Voice over Internet Protocol (VoIP) radio system will replace the current analog radio system, eliminating the need to sublease an antenna site, but will not be fully implemented and tested until after the current contract with Bear Communications ends on April 30, 2024, necessitating a contract extension. While the new radio and CAD/AVL implementation is estimated to be completed by June 30, 2024, two additional one-year options are being requested out of an abundance of caution to ensure seamless, uninterrupted radio communications necessary to continue to provide essential transportation services to customers who depend on BBB each day.

The original sublease was for a five (5) year term with two separate options to extend for five (5) years each. The City exercised both options, with the second option expiring on April 30, 2019. In 2019, the City modified the agreement to extend the sublease for one (1) year, with four separate options to extend for one (1) year each. The City exercised all four (4) options, with the fourth option scheduled to expire on April 30, 2024, and now seeks to enter into a second modification to continue this sublease to prevent any interruption of its radio communications, which could negatively impact services provided by BBB and other regional transit operators.

Past Council Actions
Meeting Date Description
09/28/2004
(Attachment A)
Authorization of the City Manager to Negotiate and Execute an Amendment to the City’s Agreement with Advanced Electronics for an Antenna Site Lease over a Period of Five Years for an Amount not to exceed $112,000.
06/11/2019
(Attachment B)
Reinstatement and First Modification of
Antenna Site Sublease Agreement with Bear Communications, Inc. for Hollywood Hills Radio Site

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Environmental Review
This agreement modification is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The contract modification 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 modification will continue the City’s sublease of an existing antenna site in the Hollywood Hills to install and maintain radio transponders to allow BBB to communicate with its vehicles across its service area. The antenna site is the only location available to adequately provide data signals to BBB’s operational systems and is subject to Federal Communications Commission (FCC) regulations. Therefore, it can be seen with certainty that the proposed modification would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Big Blue Bus Fund to increase the amount of agreement with Bear Communications, Inc. to lease a radio antenna site for BBB.

Contract/Agreement/Purchase Order Modification Request
Agreement # Current
Authorized
Amount
FY 2023-24
Modified
Request Amount
CIP Account # Total Revised
Contract Amount
#10857 $507,000 $126,000 C6004770.689000 $633,000
Future year funding is contingent on Council budget approval.

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Prepared By: Carolyn Connolly, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. Authorization of Agreement with Advanced Electronics for an Antenna Site Lease (Web Link)
B. Approval of Big Blue Bus (BBB) lease extension with Bearcomm for Hollywood Hills Radio Site (Web Link)
C. OAKS INITIATIVE FORM Bearcom Fy 23-24
D. Original Agreement - Antenna Site Sublease
E. First Modification - Bearcom_Radio_Site_Lease_Agr

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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 theofficial 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 SantaMonica.

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, theCity compiles and maintains certain information. That information includes the name of any personorpersons whois seeking a “publicbenefit.” If the“public benefit” is sought by an entity, ratherthan an individual person, the information includes the nameof everyperson 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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Attachment: OAKS INITIATIVE FORM Bearcom Fy 23-24 (5820 : Approve Second Modification of Contract with Bear Communications Inc for

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-monthperiod;

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 #

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Attachment: OAKS INITIATIVE FORM Bearcom Fy 23-24 (5820 : Approve Second Modification of Contract with Bear Communications Inc for

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Attachment: Original Agreement - Antenna Site Sublease (5820 : Approve Second Modification of Contract with Bear Communications Inc for

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Attachment: Original Agreement - Antenna Site Sublease (5820 : Approve Second Modification of Contract with Bear Communications Inc for

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Attachment: Original Agreement - Antenna Site Sublease (5820 : Approve Second Modification of Contract with Bear Communications Inc for

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Attachment: Original Agreement - Antenna Site Sublease (5820 : Approve Second Modification of Contract with Bear Communications Inc for

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Attachment: Original Agreement - Antenna Site Sublease (5820 : Approve Second Modification of Contract with Bear Communications Inc for

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Attachment: Original Agreement - Antenna Site Sublease (5820 : Approve Second Modification of Contract with Bear Communications Inc for

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Attachment: Original Agreement - Antenna Site Sublease (5820 : Approve Second Modification of Contract with Bear Communications Inc for

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Attachment: Original Agreement - Antenna Site Sublease (5820 : Approve Second Modification of Contract with Bear Communications Inc for

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Attachment: Original Agreement - Antenna Site Sublease (5820 : Approve Second Modification of Contract with Bear Communications Inc for

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Attachment: Original Agreement - Antenna Site Sublease (5820 : Approve Second Modification of Contract with Bear Communications Inc for

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Attachment: Original Agreement - Antenna Site Sublease (5820 : Approve Second Modification of Contract with Bear Communications Inc for 1 Contract Number 10857 (CCS)
(Former Contract Number 4553)

REINSTATEMENT AND FIRST MODIFICATION OF

ANTENNA SITE SUBLEASE AGREEMENT
This Reinstatement and First Modification of Antenna Site Sublease Agreement No. 10857 (CCS) (“First Modification”), entered into as of _____________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Bear Communications Inc., a California corporation (“Bearcom”), is made with reference to the following:

RECITALS
A. On or about February 8, 2005, City and Advanced Electronics, Inc., a California corporation (“AEI”) entered into Antenna Lease Agreement No. 10857 (CCS) (“Original Agreement”) for the sublease by City from AEI of a portion of the real property and improvements located at 2050 Cyperan Drive in the City of Los Angeles, County of Los Angeles, California (the “Premises”). The Original Agreement permitted City the use of the antenna site located on the Premises through April 30, 2009, and granted City the right to extend the agreement twice for periods equal to five years each in duration.

B. In March 2009, City exercised its option to extend the Original Agreement through April 2014. In March 2014, City exercised its second option to extend the Original Agreement through April 2019.

C. Bearcom is the successor in interest to AEI and assumed all rights and obligations under the Original Agreement effective as of AEI’s dissolution in or about August 2018.

D. City and Bearcom desire to reinstate and modify the Original Agreement to extend the term of the Original Agreement through April 30, 2020, provide City with four (4) options to extend the Original Agreement for additional one (1) year periods, and modify the rent to be paid by City during the extended term of the Original Agreement.

TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to reinstate and modify the Original Agreement as follows:

1. Section 2 of the Original Agreement entitled “Sublease Term: Option to Review” shall be deleted in its entirety and replaced with the following:

SECTION 2. SUBLEASE TERM; OPTIONS TO RENEW.

This Sublease shall commence as of May 1, 2004 (“Commencement Date”) and shall continue in effect until April 30, 2020 (the “Sublease Term”), unless terminated earlier or extended as provided herein.

2.1 Options to Extend Sublease Term. Unless terminated earlier as provided herein, City, in its sole and complete discretion, shall have four (4) separate options to extend this Sublease for additional (1) year periods (each DocuSign Envelope ID: A5A82E32-A7BE-4BC6-8850-1C93BD4EB814 7/16/2019

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Attachment: First Modification - Bearcom_Radio_Site_Lease_Agr (5820 : Approve Second Modification of Contract with Bear Communications 2 an “Extension Term”), on the same terms and conditions set forth in this Sublease. City may exercise its option by written letter delivered to Bearcom at least thirty days prior to expiration of the Sublease Term (with respect to the first option to extend) and at least thirty days prior to expiration of the Extension Term (with respect to each of the subsequent three options to extend). Delivery of the written letter exercising the City’s option shall automatically extend the term of this agreement through the end of the next Extension Term, that is, through April 30 of the next year. All of the terms and conditions of this Sublease shall apply during each Extension Term.

2. Section 4 of the Original Agreement entitled “Monthly Rent: Annual Increase” shall be deleted in its entirety and replaced with the following:

SECTION 4. MONTHLY RENT; ANNUAL INCREASE.

For use and occupancy of the Premises, during the period from the Commencement Date through April 30, 2019, City agrees to pay to AEI the sum of One Thousand Five Hundred Fifty-Five Dollars per month without set off or deduction. Commencing one (1) year following the Commencement Date, and annually thereafter through April 30, 2019, AEI shall have the right to increase the monthly rent to be paid by City by an amount not to exceed four percent (4%) of the preceding year’s monthly rent.

For use and occupancy of the Premises, during the period from May 1, 2019 through the end of the Sublease Term and any Extension Terms, City agrees to pay Bearcom the sum of Two Thousand Seven Hundred One and 46/100 Dollars ($2,701.46) per month without set off or deduction. At the end of the Sublease Term, and at the end of any succeeding Extension Term, Bearcom shall have the right to increase the monthly rent to be paid by City by an amount not to exceed five percent (5%) of the preceding year’s monthly rent.

The monthly rent to be paid by City during the Sublease Term and any Extension Terms shall not exceed $507,000.

3. Section 19 of the Original Agreement entitled “Notices” shall be amended to provide that all notices, demands, requests or approvals from City to Bearcom shall be addressed to Bearcom at:

Bear Communications, Inc.
2601 Manhattan Beach Blvd.

Redondo Beach, CA 90278
Attn: Vickie L. Dubois, Customer Service Manager

4. All references in the Original Agreement to AEI shall be deemed to refer equally to Bearcom, as the successor in interest to AEI.

5. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect. ///
DocuSign Envelope ID: A5A82E32-A7BE-4BC6-8850-1C93BD4EB814

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Attachment: First Modification - Bearcom_Radio_Site_Lease_Agr (5820 : Approve Second Modification of Contract with Bear Communications 3 ///
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk ANDERSON-WARR
City Clerk
APPROVED AS TO FORM:
______________________________

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By:
______________________________

RICK COLE
City Manager
BEARCOM Corporation
Bear Communications Inc.
#VENDOR
By:
_______________________________
DocuSign Envelope ID: A5A82E32-A7BE-4BC6-8850-1C93BD4EB814 George S. Cardona
7/12/2019
Special Council / Chief of Staff
7/12/2019
George S. Cardona
Special Council / Chief of Staff
7/12/2019
Vickie L. Dubois
Vickie L. Dubois
Customer Service Manager
City Manager
Rick Cole
7/16/2019
City Clerk
7/16/2019
Denise Anderson-Warren

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Attachment: First Modification - Bearcom_Radio_Site_Lease_Agr (5820 : Approve Second Modification of Contract with Bear Communications City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 5.B
1 of 4
To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Approval to add Da-Jiang Innovations Mavic 3 Enterprise and Da-Jiang Innovations Avata UAV to the City's List of Military Equipment Recommended Action
Staff recommends:

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

Summary
California Assembly Bill (AB) 481 requires law enforcement agencies within the state to establish a Military Equipment Use Policy and to obtain approval from their respective governing body for their use of military equipment. Under AB 481 and the City’s Military Use Policy, the Da-Jiang Innovations (DJI) Science and Technology Co., Ltd. Mavic 3 (Model) and the DJI Avata (Model) are “military equipment” and the Department’s use of this equipment requires approval by the City Council.

Discussion
The Santa Monica Police Department currently uses a Uncrewed Aerial Vehicle (UAV) for scene documentation that is multi-functional but not specially designed for aerial mapping. The DJI Mavic 3 and its camera systems are designed with mapping and surveying capabilities as its primary function. The DJI Avata will primarily serve for flight

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inside of structures to locate persons in crisis and reduce the likelihood of an encounter with police.

As a premier law enforcement agency always striving to be a benchmark for excellence, the Santa Monica Police Department continually reviews its tactics, training, technology, and equipment with the goal of improvement. As part of this goal, UAV personnel are tasked with exploring aerial mapping platforms to improve the Department’s mapping capability to document serious traffic accidents, crime scenes, and other sensitive scenes that require investigation. Additionally, UAV personnel are tasked with finding a UAV that is capable of interior flight to contact and de-escalate persons in crisis. Part of this process was the re-evaluation of the Department’s standard multi-function UAV platforms and an evaluation of available products in this developing field.

The re-evaluation process identified the DJI Mavic 3 as a desirable platform to accomplish the mapping and scene documentation function, along with the DJI Avata to conduct interior building searches. The DJI Mavic 3 Multispectral UAV is a small but powerful device designed for the high precision task of mapping and surveying. This foldable UAV comes with a multispectral and an RGB camera that provides detailed colored imaging for comprehensive documentation. With its capability to survey large areas each flight, the DJI Mavic 3 enables swift and broad scene data collection. A notable feature is its long battery life of 43 minutes and the omnidirectional obstacle avoidance system, ensuring safe and prolonged aerial operations.

Reviews of the DJI Avata highlight its nimbleness in tight spaces, intuitive flight control, wide-angle camera field of view, and obstacle avoidance features make it safer and easier to fly. The DJI Avata UAV is a small but powerful device designed for the highprecision task of interior flight. It will assist in search and rescue and de-escalation.

This UAV comes with the ability to stream and capture 4K digital video, providing comprehensive on-scene awareness and evidence retention. With its capability to safely fly in small spaces, ruggedized propeller guards, and self-correcting features, this platform is a multi-role UAV that will increase public safety.

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AB 481’s disclosure requirements mandate that the Department provide a description for each qualifying military equipment item, its purpose and authorized use, the related fiscal impact, and any required training prior to its use. Pursuant to AB 481 and to the City’s Military Equipment Use Policy, staff request that the Council approve the Department’s use of the equipment listed in this report and that such equipment be added to the Santa Monica Police Department Military Equipment Inventory List.

Environmental Review
The amendment to the military equipment inventory list proposed herein is categorically exempt from CEQA pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which state 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 amendment will allow the SMPD to use scene documentation equipment for its continued operations. Therefore, it can be seen with certainty that the amendment will not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA.

Past Council Actions
Meeting Date Description
09/27/22 (attachment
A)
Adoption of an Ordinance Approving the Military Equipment Use Policy.

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.

Equipment Cost
DJI Mavic 3 $4,608.65
DJI Avata $2,255.49
Total Cost $6,864.14

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Prepared By: Cody Green, Police Lieutenant
Approved Forwarded to Council
Attachments:

A. Staff Report - 9.27.2022 (Web Link)

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City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 5.C
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Architecture Services Subject: Award Agreement to Procore Technologies, Inc. for Construction Management Software
Recommended Action
Staff recommends the 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.

Summary
The City of Santa Monica’s Engineering and Street Services and Architecture Services Divisions within the Public Works Department manage the construction of an average of 33 projects annually, valued at approximately $35 million in annual construction volume (excluding substantial unique projects). Both Divisions have been using Procore Technologies, Inc. (Procore) software since 2017 to manage project-specific data during the construction phases of Capital Improvement Program (CIP) projects. City staff have invested considerable time customizing the software to the City’s needs, learning to use the full capabilities of the program, and training other City staff in its use. Additionally, Procore offers unique capabilities to meet the requirements, standards, and needs of the City. As a result, staff recommends awarding a three-year agreement with Procore

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as an exception to competitive bidding per Santa Monica Municipal Code (SMMC) Sections 2.24.250(b) with two, one-year renewal options for an amount not to exceed $300,000 over five years for construction project management software.

Discussion
The City of Santa Monica’s Public Works Department builds and maintains the infrastructure that serves the community. The Engineering and Street Services and Architecture Services Divisions within the Public Works Department have subscribed to Procore for the past six years.

A Request for Quotes (RFQ) was issued in July 2017. Six vendors responded and Procore was selected as the best bidder. Procore was the second lowest bidder and offered an out-of-the-box solution that was simultaneously customizable to the City’s needs. This met the implementation goals and requirements of the staff responsible for managing the City’s construction projects. The award of the RFQ resulted in a threeyear contract, ending in December 2020. Under the renewal terms of the contract, staff had the option to extend the contract for an additional one-year period, which resulted in a one-year term extension to December 2021. In 2021, an Exception to Competitive Bidding was approved under the City Manager’s authority to continue service through December 2023.

Use of the software allows Engineering and Street Services and Architecture Services staff to standardize, maintain, and administer CIP projects through proprietary subscription-based construction project management software from Procore, the only provider of this software.

Renewing the Procore license is essential to maintaining and supporting the construction of the City’s annual CIP projects on an on-going basis. Procore offers proprietary construction management software that is uniquely tailored to the City’s needs and use. Procore’s software platform is specifically targeted for construction, which has resulted in successful management of project data by City staff. The platform is designed to streamline and connect to a wide range of other software systems used

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in the construction management process. Introducing new software at this time would be costly due to the time that would be required to retrain staff, import historic project data, customize project information, and establish new standards for City staff usage.

Prices obtained from Procore for the next three years are competitive with the original proposal received in 2017.

Vendor Selection
Exception to Competitive Bidding
Procore offers proprietary construction management software that is uniquely tailored to every agency’s needs and use. The platform is designed to streamline and connect to a wide range of integrations and compliment other software systems such as Bluebeam, DocuSign, MS Office, SharePoint, and Primavera. The current system meets the needs of the staff responsible for construction management. Furthermore, City staff have invested years of time to learn and integrate the software into daily use. Soliciting new bids for the software could disrupt the City’s operations as the implementation of new software or services would divert staff resources away from other priorities and increase the risk of errors and disruptions. Staff recommends that Procore Technologies, Inc. be retained to provide proprietary subscription-based construction project management software as an exception to competitive bidding per SMMC Sections 2.24.250(b). b. Good or service is only available from one license holder, including, proprietary goods.

Environmental Review
The award agreement is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The agreement is covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The agreement will continue to provide the City with project management software services for administrative functions. Therefore, it can be seen with certainty that the contract would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA.

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Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund and Water Fund to award a contract with Procore Technologies, Inc. for software services for construction management administration of capital projects.

Contract Request
FY 2023-24
Budget
Request Amount
Future Years
Amount CIP Account # Total Contract
Amount
$50,000 $200,000 C0108040.689000 $250,000
$10,000 $40,000 C5004850.689000 $50,000
$60,000 $240,000 Total $300,000
Future year funding is contingent on Council budget approval.

Prepared By: Sebastian Felbeck, Senior Construction Manager Approved Forwarded to Council
Attachments:

A. Oaks Initiative Form - Procore Technologies, Inc.

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CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

This information is required by City Charter Article XXII—Taxpayer Protection.

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.

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Attachment: Oaks Initiative Form - Procore Technologies, Inc. (5901 : Sole Source Procore Construction Management Software)

CITY OF SANTA MONICA

Public benefits include:

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

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 #

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Attachment: Oaks Initiative Form - Procore Technologies, Inc. (5901 : Sole Source Procore Construction Management Software) City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 5.D
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Adoption of Resolution Authorizing the Application for Grant Funds from the The U.S. Department of Interior - Bureau of Reclamation FY 2024 WaterSMART Drought Response Program for the Santa Monica Groundwater Well SM-4 Replacement Project
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15302 (Class 2 – Replacement/Reconstruction) 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.

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Summary
The City of Santa Monica’s Olympic Well Field is the city’s second largest source of groundwater after the Charnock Well Field. One of the groundwater production wells in the well field, Santa Monica Well No. 4 (SM-4), is over 40 years old and needs to be replaced as it has lost over 70% of its production capacity. Replacing groundwater production well SM-4 would restore pumping capacity at the Olympic Well Field and maintain groundwater remediation activities at the well field. The well replacement of SM-4 is eligible for grant funding from the U.S. Department of the Interior - Bureau of Reclamation. Staff is requesting authorization to apply for grant funding to help offset 50% of the well replacement cost.

Discussion
The U.S. Department of the Interior - Bureau of Reclamation’s WaterSMART Drought Response Program provides grant funding for projects that build resiliency to drought by increasing the reliability of water supplies, improving water management, and/or providing benefits for fish and wildlife and the environment. The replacement of groundwater production well SM-4 at the Olympic Well Field meets the objectives under Task B of the grant opportunity - Increasing the Reliability of Water Supplies Through Groundwater Recovery. Restoring the production capacity at the Olympic Well Field would enhance local water supply reliability. Pumping contaminated groundwater for advanced treatment at the Arcadia Water Treatment Plant, will aid the remediation of the contamination plume at the Olympic Well Field. The project would include drilling and constructing a replacement groundwater well and equipping the well with a new pump, chemical feed system, and metering equipment after the well is constructed.

Production of local groundwater has historically been 30% cheaper than purchasing imported water supplies for potable use in the city. Replacing the aging groundwater production well would assist the city in enhancing its drought resiliency by maximizing groundwater production within sustainable yield limits. In doing so, this reduces the city’s reliance on imported water supplies, where its availability and reliability has been impacted during prolonged droughts. The replacement well would be located in the

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Olympic Well Field, approximately 50 feet east of SM-4 near the intersection of Olympic Boulevard and Stewart Street.

The estimated cost of the project is $4,750,000. The grant requires a 50 percent local match, which would come from an existing CIP for design and construction oversight of the replacement well and a future CIP as part of the FY2024-2026 biennial budget.

Construction is anticipated to begin in April 2025 and end in September 2026. The term of the grant is from October 31, 2024, through October 31, 2026. On-going operation costs would be paid for out of the operating budget for the Water Fund. There would be no further operational costs associated with SM-4 as it will be destroyed after the replacement well is placed in operation.

Environmental Review
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Class 2 – Replacement/Reconstruction) of the CEQA Guidelines.

Section 15302 exempts Class 2 projects which “consists of 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”. The replacement well would be designed to the original design capacity of SM-4 in the same general location and would not represent an increase in the City’s groundwater production capacity. Therefore, the replacement well is categorically exempt from CEQA.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. The grant is reimbursement-based and requires a 50% match by the City. Staff would return to Council with budget changes if the grant is awarded.

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Prepared By: Sunny Wang, Water Resources Manager
Approved Forwarded to Council
Attachments:

A. Resolution
B. PowerPoint Presentation
C. Resolution (Clean Version)
D. Resolution (redline)

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City Council Meeting: October 24, 2023 Santa Monica, California

RESOLUTION NUMBER (CCS)
(City Council Series)

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

AUTHORIZING THE CITY MANAGER TO APPLY FOR GRANT FUNDS FOR A UNITED

STATES DEPARTMENT OF INTERIOR BUREAU OF RECLAMATION WATERSMART DROUGHT RESPONSE PROGRAM: DROUGHT RESILIENCY PROJECTS FOR FISCAL YEAR 2024, AND TO NEGOTIATE AND ENTER INTO A GRANT AGREEMENT

WITH THE UNITED STATES BUREAU OF RECLAMATION AND ANY AMENDMENTS

THERETO
WHEREAS, the United States Department of Interior, Bureau of Reclamation has allocated grant funding for projects pursuant to the WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year (FY) 2024 (“Grant Program”); and WHEREAS, California’s Water Supply Strategy and the City’s Sustainable Water Master Plan recognize that a sustainable and secure water future must include the use of locally available water resources; and
WHEREAS, the City seeks to apply for grant funds in the amount of up to $2,375,000 from the Grant Program to further the City’s sustainable water supply objectives to improve drought resiliency, increase water supply, and enhance the flexibility in the management of the City’s water resources;

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

SECTION 1. The Recitals above are incorporated herein by this reference.

SECTION 2. The City of Santa Monica City Manager, or designee is hereby authorized

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Attachment: Resolution [Revision 1] (5989 : Adopt Resolution Authorizing the Application for Grant Funds)

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and directed to prepare and file an application for funding for the WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year (FY) 2024, to the United States Department of Interior, Bureau of Reclamation, and take such other actions necessary or appropriate to obtain grant funding.

SECTION 3. The City of Santa Monica City Manager, or designee is hereby authorized and directed to execute the funding agreement with the United States Department of Interior, Bureau of Reclamation and any amendments thereto.

SECTION 4. The City of Santa Monica City Manager, or designee is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution of the City Council, 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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Attachment: Resolution [Revision 1] (5989 : Adopt Resolution Authorizing the Application for Grant Funds) Item 5D – New Groundwater Production Well Location 5.D.b Packet Pg. 59
Attachment: PowerPoint Presentation (5989 : Adopt Resolution Authorizing the

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City Council Meeting: October 24, 2023 Santa Monica, California

RESOLUTION NUMBER (CCS)
(City Council Series)

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

AUTHORIZING THE CITY MANAGER TO APPLY FOR GRANT FUNDS FOR A UNITED

STATES DEPARTMENT OF INTERIOR BUREAU OF RECLAMATION WATERSMART DROUGHT RESPONSE PROGRAM: DROUGHT RESILIENCY PROJECTS FOR FISCAL YEAR 2024, AND TO NEGOTIATE AND ENTER INTO A GRANT AGREEMENT

WITH THE UNITED STATES BUREAU OF RECLAMATION AND ANY AMENDMENTS

THERETO
WHEREAS, the United States Department of Interior, Bureau of Reclamation has allocated grant funding for projects pursuant to the WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year (FY) 2024 (“Grant Program”); and WHEREAS, California’s Water Supply Strategy and the City’s Sustainable Water Master Plan recognize that a sustainable and secure water future must include the use of locally available water resources; and
WHEREAS, the City seeks to apply for grant funds in the amount of up to $5,000,000 from the Grant Program to further the City’s sustainable water supply objectives to improve drought resiliency, increase water supply, and enhance the flexibility in the management of the City’s water resources;

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

SECTION 1. The Recitals above are incorporated herein by this reference.

SECTION 2. The City of Santa Monica City Manager, or designee is hereby authorized

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Attachment: Resolution (Clean Version) (5989 : Adopt Resolution Authorizing the Application for Grant Funds)

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SECTION 4. The City of Santa Monica City Manager, or designee is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution of the City Council, 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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Attachment: Resolution (Clean Version) (5989 : Adopt Resolution Authorizing the Application for Grant Funds)

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City Council Meeting: October 24, 2023 Santa Monica, California

RESOLUTION NUMBER (CCS)
(City Council Series)

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

AUTHORIZING THE CITY MANAGER TO APPLY FOR GRANT FUNDS FOR A UNITED

STATES DEPARTMENT OF INTERIOR BUREAU OF RECLAMATION WATERSMART DROUGHT RESPONSE PROGRAM: DROUGHT RESILIENCY PROJECTS FOR FISCAL YEAR 2024, AND TO NEGOTIATE AND ENTER INTO A GRANT AGREEMENT

WITH THE UNITED STATES BUREAU OF RECLAMATION AND ANY AMENDMENTS

THERETO
WHEREAS, the United States Department of Interior, Bureau of Reclamation has allocated grant funding for projects pursuant to the WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year (FY) 2024 (“Grant Program”); and WHEREAS, California’s Water Supply Strategy and the City’s Sustainable Water Master Plan recognize that a sustainable and secure water future must include the use of locally available water resources; and
WHEREAS, the City seeks to apply for grant funds in the amount of up to $2,3755,000,000 from the Grant Program to further the City’s sustainable water supply objectives to improve drought resiliency, increase water supply, and enhance the flexibility in the management of the City’s water resources;

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

SECTION 1. The Recitals above are incorporated herein by this reference.

SECTION 2. The City of Santa Monica City Manager, or designee is hereby authorized

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Attachment: Resolution (redline) (5989 : Adopt Resolution Authorizing the Application for Grant Funds)

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SECTION 4. The City of Santa Monica City Manager, or designee is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution of the City Council, 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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Attachment: Resolution (redline) (5989 : Adopt Resolution Authorizing the Application for Grant Funds) City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 5.E
1 of 4
To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Authorization to Accept Grant from the Board of State and Community Corrections for the Organized Retail Theft Prevention Grant Program Recommended Action
Staff recommends that the City Council:

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

3. Authorize the City Manager to execute all necessary documents to accept the grants and all grant renewals.

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

Summary
The City has been awarded an Organized Retail Theft Prevention Program grant for $6,125,000 from the Board of State and Community Corrections (BSCC). Grant funds must be used by December 31, 2026, and all reimbursement requests must be completed no later than June 1, 2027. No local match is required. The grant aims to reduce and deter organized retail theft in the City of Santa Monica. Grant funds will be used to develop a Santa Monica Analytical Real-Time Center (SMART Center), which will enable the police department to deter, detect, locate, and investigate organized retail thefts, vehicle thefts, and catalytic converter thefts in the City.

Discussion

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The Organized Retail Theft Prevention Program grant comes from the State of California through the State Budget Act of 2022 (Senate Bill 154). Funding was available to California city police departments, sheriff departments, and probation departments to support local law enforcement agencies in preventing and responding to organized retail theft (“ORT”), motor vehicle or motor vehicle accessory theft.

On July 7, 2023, the Santa Monica Police Department submitted a grant application to develop a SMART Center and was notified of its award on September 15, 2023. The SMART Center will be a local crime fighting tool, as well as a regional criminal intelligence resource for fighting ORT and catalytic converter theft. The SMART Center will be in operation 24 hours per day and for at least 6 days per week. It will be organized like a patrol watch, providing an around the clock approach to impact ORT and catalytic converter theft, which occurs at all hours of the day and night. The SMART Center will direct all technological assets toward these and other crime problems through the 3-year grant period, and is designed to serve as the director of intelligence-driven crime fighting beyond the grant period, funding permitted.

SMPD has conducted extensive research on the effectiveness of Real-Time Crime Centers (RTCC), visiting more than 13 active RTCCs in California and in the Southwestern US. SMPD has seen firsthand the effectiveness of leveraging technology investments towards real-time crime fighting. Police agencies in Elk Grove (CA), Chino (CA), Beverly Hills (CA), Las Vegas (NV), and La Mesa (AZ) have succeeded in detecting and preventing crime in real time, while also generating actionable leads on reported crimes in 80-90% of major cases. SMPD personnel have attended RTCC conferences and have interacted with the National Real Time Crime Center Association (NRTCCA) while preparing for the SMART Center project.

The core components of the SMART Center consist of:
• A contiguous network of public-facing security cameras comprised of both fixed and maneuverable point-tilt-zoom (PTZ) cameras.

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• A modern Video Management System (VMS), allowing for rapid recall and control of camera assets, with the capability to interface with newer camera hardware.
• Automatic License Plate Recognition (ALPR) cameras covering strategic intersections and routes through Santa Monica.
• Uncrewed Aircraft Systems (UAS) capable of responding in advance of, or in support of, officers responding to calls for service anywhere in the geographic boundaries of Santa Monica.
• A “fusion,” “one-pane-of-glass” software platform to merge the SMART Center technologies with SMPD’s dispatch, asset geo-location systems, radio systems into a map-based command center environment.
• A video-analytics software platform capable of generating live alters and reducing the investigative time needed to review Santa Monica City video and 3rd party video.
• A physical location for the SMART Center within the Public Safety Facility, built and equipped to incorporate the technologies listed above along with the staffing/management to run the center.

The implementation portion of the grant ends December 31, 2026. Upon completion of the grant, ongoing maintenance and replacement of technology equipment and services is estimated at a minimum of $600,000 annually. Throughout the duration of the grant, staff will research and pursue funding opportunities to cover the recurring technology maintenance after the third year.

Environmental Review
The acceptance and use of grant funding is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The grant activities are covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The grant will allow the SMPD to develop a SMART center within the existing SMPD headquarters that will include cameras, software, and other supporting small equipment. Therefore, it can be seen with certainty

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that the grant 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 accept a grant from the Board of State and Community Corrections Organized Retail Theft Prevention Grant Program. Staff also recommends the following budget changes.

FY 2023-24 Grant Budget Changes
Establish Revenue Budget Appropriate Funds
Account Number Amount Account Numbers Amount
20180001.405931 $6,125,000 20180001.511400.21044 $880,142 20180001.556631 $5,244,858
Total $6,125,000 Total $6,125,000
If renewals are awarded, budget changes will be included in subsequent year budgets, contingent on Council budget approval.

Prepared By: Jose Arroyo, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. Council Resolution Accepting BSCC Grant

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Attachment A
1 City Council Meeting: October 24, 2023 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

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

AUTHORIZING THE ACCEPTANCE OF A GRANT AWARD IN THE AMOUNT OF $6,125,000 FROM THE STATE OF CALIFORNIA BOARD OF STATE AND

COMMUNITY CORRECTIONS, ORGANIZED RETAIL THEFT PREVENTION GRANT

PROGRAM
WHEREAS, the City of Santa Monica (the “City) desires to participate in the State of California’s Organized Retail Theft Prevention Grant Program, which is made available through the State Budget Act and administered by the Board of State and Community Corrections (“BSCC”) to support the reduction of organized retail thefts, motor vehicle or motor vehicle accessory thefts, in the City, and,
WHEREAS, on July 7, 2023, the City submitted its proposal for the Program, and, WHEREAS, on September 15, 2023, the BSCC notified the City that it will be awarded $6,125,000 in grant funds for its participation in the Program through June 1, 2027, and,
WHEREAS, the BSCC requires a resolution from the City’s governing body authorizing the City to enter into an agreement with the BSCC related to the Program and designating an agent for the City to execute the agreement and any amendments thereto.

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

SECTION 1. The City Council of the City of Santa Monica authorizes the City manager to negotiate and execute any agreements and amendments with the State of

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Attachment: Council Resolution Accepting BSCC Grant (5999 : Accept BSCC Grant) Attachment A
2 California to accept a grant from BSCC in the amount of $6,125,000 and to participate in the Organized Retail Theft Prevention Grant Program.

SECTION 2. The grant funds received from BSCC shall not be used to supplant expenditures controlled by the City Council.

SECTION 3. The City of Santa Monica agrees to abide by the terms and conditions of the grant agreement as set forth by the BSCC.

SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:

BY: ______________________________
DOUGLAS SLOAN, City Attorney

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Attachment: Council Resolution Accepting BSCC Grant (5999 : Accept BSCC Grant) City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 5.F
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Approval of Third Modification of Contract 10880 with Grace Environmental for Instrumentation Services for Water and Wastewater Facilities Recommended Action
Staff recommends that the City Council:

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

Summary
The City of Santa Monica’s Water Resources Division is charged with providing a safe, reliable water supply to Santa Monica’s 93,000 residents and 2,741 commercial and institutional customers, along with treating and disposing of the community’s wastewater. The maintenance of 13 sites including the Arcadia Water Treatment Plant, Charnock Treatment Plant, various groundwater production wells at three major well fields, the Santa Monica Urban Runoff (SMURRF) facility, the Moss Ave Pump Station (MAPS), and the Pico-Kenter Outfall is vital to ensuring reliable service. A component of the critical and necessary maintenance of these sites is the installation, calibration, and preventative maintenance of various flow measurement instrumentation used to record accurate data and ensure the greatest percentage of yield of potable and non-potable water from the treatment process. It was originally estimated that annual maintenance costs would average around $125,000 per year for a total of $625,000 over a five-year

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period. An increase from the original estimate is required due to unexpected repairs to instrumentation along with unexpected rising costs due to supply chain shortages. Staff is requesting a third modification to agreement #10880 with Grace Environmental in the amount of $380,000 to provide installation, calibration, and maintenance services for various flow measurement devices used in production, treatment, and distribution of potable water and non-potable water. This would remain a five-year amended agreement with a new total amount not to exceed $1,005,000, with future year funding contingent on Council budget approval.

Discussion
The data obtained from various instrumentation, including flow measurement, at the Charnock Treatment Plant and Arcadia Water Treatment Plant must be accurate as the data assists operations staff to optimize treatment processes and produce the highest yield of potable water from raw groundwater pumped from over ten groundwater production wells and treated through the City’s multi-barrier treatment system to produce safe, high-quality drinking water for the community. The data collected from these instruments at the Arcadia Water Treatment Plant is also reported to state and county regulatory agencies to ensure continued compliance. The instrumentation used at SMURRF, similar to the potable treatment process at the Arcadia Water Treatment Plant, allows staff to treat stormwater and urban runoff for non-potable uses in the city.

The Moss Avenue Pump Station and Pico-Kenter Lift Station require accurate discharge data collected through flow metering instruments, which staff provides to state and county agencies for billing and regulatory compliance purposes.

In order to ensure the accuracy of the instrumentation, the City Council authorized staff in July of 2019 to enter into a contract with Grace Environmental to provide calibration and maintenance services. Rising costs of parts due to supply chain shortages have increased expenditures to repair and maintain the instrumentation at the various sites for production, treatment, and distribution of potable water and non-potable water. A third modification is requested to increase the original compensation to continue this work for the duration of the contract.

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Environmental Review
The revised contract for installation, calibration, and maintenance services for flow measurement instruments is exempt from the California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines. Section 15301 exempts Class 1 projects consisting of the "operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination." The revised contract would provide for maintenance of the City’s water facilities, and therefore, is categorically exempt from CEQA pursuant to Section 15301.

Past Council Actions
Meeting Date Description
07/23/2019 (Attachment A) Original bid and award of agreement with vendor for instrumentation services
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Water and Wastewater Fund to increase the amount of Contract #10880 (CCS) with Grace Environmental for instrumentation services at various City facilities.

Contract Modification Request
Contract
#
Current
Authorized
Amount
FY 2023/24
Modified
Request Amount
Future
Years
Amount
Department
Account #
Total Revised
Contract
Amount
10880
$550,000 $167,200 $167,200 50500001.550010 $884,400
$37,500 $11,400 $11,400 51500001.529420 $60,300
$37,500 $11,400 $11,400 51500001.529450 $60,300
$625,000 $190,000 $190,000 Total $1,005,000
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. July 23, 2019 Staff Report
B. Oaks Initiative Form - Grace Environmental
C. Original Contract - CT 10880 Grace Environmental

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City Council
Report
City Council Meeting: July 23, 2019
Agenda Item: 3.B
1 of 3
To: Mayor and City Council
From: Susan Cline, Director, Public Works, Water Resources Subject: Award Bid for Instrumentation Services for Water and Wastewater Facilities Recommended Action
Staff recommends that the City Council:

1. Award Bid #4364 to Grace Environmental, a California-based company, and Leed Electric, a California-based company, for instrumentation services for the Public Works Department;

2. Authorize the City Manager to negotiate and execute an agreement with Grace Environmental in an amount not to exceed $125,000 for one year, with four additional one-year renewal options in the amount of $125,000, on the same terms and conditions, for a total amount not to exceed $625,000 over a five-year period, with future year funding contingent on Council budget approval.

3. Authorize the City Manager to negotiate and execute an agreement with Leed Electric in an amount not to exceed $125,000 for one year, with four additional one-year renewal options in the amount of $125,000, on the same terms and conditions, for a total amount not to exceed $625,000 over a five-year period, with future year funding contingent on Council budget approval.

Summary
The Water Resources Division is charged with providing a safe, reliable water supply to Santa Monica’s 93,000 residents and 2,741 commercial and institutional customers, and treating and disposing of the community’s wastewater. Vital to ensuring reliable service is the maintenance of 13 sites, which include the water treatment plant, various wells, the Santa Monica Urban Runoff (SMURRF) facility, the Moss Ave Pump Station (MAPS), and the Pico-Kenter Outfall, that require various instrumentation to be installed, calibrated, and maintained in order to record accurate data and ensure the greatest percentage of yield of potable and non-potable water from the treatment process. Staff recommends awarding contracts to Grace Environmental and Leed Electric for total amounts not to exceed $625,000 respectively to provide installation, calibration, and maintenance service for various Water Resources sites.

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Attachment: July 23, 2019 Staff Report (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services) 2 of 3
Discussion
Accurate data from the various instrumentation at the Arcadia treatment site allows staff to make adjustments to produce the highest yield of potable water from the groundwater pumped from City wells and submit required reports to state and county agencies. The instrumentation used at SMURRF, similar to the potable treatment process, allows staff to treat stormwater for non-potable use more efficiently. MAPS and Pico-Kenter require accurate discharge data, which staff provides to state and county agencies for billing and regulatory purposes. Staff selected two vendors to provide instrumentation services in the event one vendor cannot meet the scheduling requirements due to time constraints.

Bid Data
Bid Posting
Date
Bid Posted
On
Bid Advertised In
(City Charter &
Municipal Code)
# of
Vendors
Downloaded
# of
Submittals
Received
Date
Publicly
Opened
11/02/18 City's Online
Bidding Site
Santa Monica Daily
Press 34 4 11/19/18
Submittals Received Selection Criteria
Dupree
Enterprises $158,000 Municipal Code SMMC 2.24.180
Grace
Environmental $150,099 Evaluation Criteria
Price, previous experience,
ability to deliver, quality of
product, and compliance with
City specifications. Leed Electric $99,926
Trimax Systems $63,622 Best Bidders Grace Environmental and Leed Electric
Best Bidder Justification
Staff evaluated all four submittals and found that Grace Environmental and Leed Electric were able to meet all the evaluation criteria. Staff selected both vendors based on their previous experience, ability to deliver, quality of product, and compliance with City specifications. The lowest bidder, Trimax Systems, was deemed non-responsive as its bid did not include prevailing wages and did not meet the City’s labor requirements in the bidding documents.

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Attachment: July 23, 2019 Staff Report (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services) 3 of 3
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Water and Wastewater Fund to award contracts with Grace Environmental and Leed Electric for instrumentation services.

Contract Request
Request
Amount
FY 2019-20 Budget
Department Account #
Vendor Total Contract
Amount
$110,000 50500001.550010 Grace Environmental
$7,500 51500001.529420 Grace Environmental
$7,500 51500001.529450 Grace Environmental $625,000
$110,000 50500001.550010 Leed Electric
$7,500 51500001.529420 Leed Electric
$7,500 51500001.529450 Leed Electric $625,000
Total $1,250,000
Future year funding is contingent on Council budget approval.

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

A. Oaks Initiative (Grace Environmental)
B. Oaks Initiative (Leed Electric)

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Attachment: July 23, 2019 Staff Report (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services)

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 #
Charles Grace President / CEO
09/11/2023
[email protected] (805)431-6253
Grace Enviromental Services, LLC
Charles Grace
Charles Grace

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Attachment: Oaks Initiative Form - Grace Environmental (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services) - 1 -
Contract No. 10880 (CCS)

CONTRACTUAL SERVICES AGREEMENT
This Contractual Services Agreement (“Contract”), entered into as of _________________(“Execution Date”), by and between the CITY OF SANTA MONICA, a municipal corporation (“City”), and Grace Environmental, LLC. (“CONTRACTOR”), is made with reference to the following:

RECITALS:

A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.

B. CONTRACTOR is qualified to do business, and is doing business, in the State of California. CONTRACTOR represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Contract.

C. The City and CONTRACTOR desire to enter into an agreement for the CONTRACTOR to provide contractual services to the City as set forth herein, upon the terms and conditions set forth below.

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

TERMS AND CONDITIONS

1. Term. This Agreement begins on the Execution Date and terminates on June 30, 2020, unless sooner terminated in accordance with Section 14.

1.1 Option to Extend. The City, in its sole and complete discretion, shall have four additional options to extend this agreement for another one year period (“Extension Term”). Option year 1,2,3, and 4 are compensated at the same price, terms and Conditions, subject to budgetary approval by the City Council. The City may exercise its option by letter to the Contractor from its City Manager, and the exercise of the option shall automatically extend the term of this Agreement up through the extension period.

2. CONTRACTOR Services. CONTRACTOR will perform all of the services (“Services”) described in Exhibit A, Scope of Services. CONTRACTOR will complete the Services in accordance with Exhibit B, Budget.

3. City Services. The City agrees to:

3.1 Make available to CONTRACTOR any currently existing documents, data or information required for the performance of the Services.

3.2 Designate a representative authorized to act on behalf of City.

DocuSign Envelope ID: FE69607F-AB7F-4CFE-82B0-69EC1FBA4CCD 10/18/2019

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Attachment: Original Contract - CT 10880 Grace Environmental (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services) - 2 -

3.3 Promptly examine and render findings on all documents submitted for staff review by CONTRACTOR.

4. Compensation. The City will compensate CONTRACTOR for the Services performed in an amount not to exceed $125,000 for fiscal year 2019/2020, as set forth in Exhibit B. Option years 1 through 4 will be compensated at the same terms, price, and conditions of the pervious year’s price for all areas or options. Total amount for the five years is not to exceed $625,000.

5. Invoices. CONTRACTOR will invoice the City for the Services in accordance with Exhibit B and the City will pay any undisputed amount within 30 days of receipt.

6. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:

6.1 All notices, demands, requests or approvals to the City:

City of Santa Monica
Water Resources Division
2500 Michigan Ave, Bldg 1
Santa Monica, California 90404
Attention: Thomas Poon
Re: Contract No. 10880 (CCS)
with a copy to:

Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 10880 (CCS)

6.2 All notices, demands, requests or approvals to CONTRACTOR:

Grace Environmental Services, LLC.
2060 E Avenida de Los Arboles
PMB 327
Thousand Oaks, CA 91362-1361
Attention: Charles Grace
[email protected]
Re: Contract No. 10880 (CCS)

7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.

DocuSign Envelope ID: FE69607F-AB7F-4CFE-82B0-69EC1FBA4CCD

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Attachment: Original Contract - CT 10880 Grace Environmental (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services) - 3 -
Neither the City nor its officers or employees will have any control over the conduct of CONTRACTOR or any of CONTRACTOR’s agents, employees, or subconsultants, except as otherwise provided in this Agreement.

8. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement.

This Agreement may be modified only by written agreement signed by City and CONTRACTOR, and approved as to form by the City Attorney.

9. Insurance. Prior to commencing work, CONTRACTOR must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by CONTRACTOR or CONTRACTOR’s agents, representatives, employees or subconsultants for the duration of this Agreement. CONTRACTOR must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.

10. Defense and Indemnification.

10.1 CONTRACTOR agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the act, errors, and/or omissions of CONTRACTOR, or CONTRACTOR’s employees, agents, officers, and subconsultants. CONTRACTOR’s responsibilities under this Section 10.1 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of CONTRACTOR, its employees, agents or officers, or subconsultants; provided, however, that CONTRACTOR’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City. Notwithstanding CONTRACTOR’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from CONTRACTOR, if City chooses to do so.

10.2 Enforcement Costs. CONTRACTOR agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1.

11. Prohibition Against Transfers.

DocuSign Envelope ID: FE69607F-AB7F-4CFE-82B0-69EC1FBA4CCD

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Attachment: Original Contract - CT 10880 Grace Environmental (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services) - 4 -

11.1 CONTRACTOR may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.

11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONTRACTOR or of any general partner or joint venturer or syndicate member of CONTRACTOR, if a partnership or joint venture or syndicate exists, which results in changing the control of CONTRACTOR, will be construed as an assignment of this Agreement.

Control means 50% or more of the voting power of the corporation.

12. Permits and Licenses. CONTRACTOR, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.

13. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.

14. Default and Termination.

14.1 If CONTRACTOR fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City’s written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to CONTRACTOR.

14.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days’ written notice to CONTRACTOR. Upon termination of this Agreement, City will pay CONTRACTOR any compensation earned and unpaid up to the effective date of termination.

15. Compliance with Law. CONTRACTOR must comply with all laws of the State of California and the United States, and all ordinances, rules and regulations enacted or issued by City.

16. Discrimination. CONTRACTOR may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.

17. Nuisance. CONTRACTOR may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.

18. Records.

DocuSign Envelope ID: FE69607F-AB7F-4CFE-82B0-69EC1FBA4CCD

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Attachment: Original Contract - CT 10880 Grace Environmental (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services) - 5 -

18.1 CONTRACTOR must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. CONTRACTOR must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.

18.2 CONTRACTOR must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. CONTRACTOR must clearly identify all records and make them readily accessible to the City. At the City’s request, CONTRACTOR must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.

18.3 CONTRACTOR must allow the City to have free access to CONTRACTOR’s books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit CONTRACTOR’s records, and CONTRACTOR agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by CONTRACTOR, CONTRACTOR agrees to pay the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.

19. Work Product; Reports.

19.1 Any work product prepared or caused to be prepared by CONTRACTOR or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by CONTRACTOR or any subconsultant pursuant to this Agreement may be made available to any individual or organization by CONTRACTOR without prior written approval by City.

19.2 At the City’s request, CONTRACTOR must furnish reports concerning the status of the Services.

20. Standard of Care. CONTRACTOR agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of CONTRACTOR’s profession currently practicing in the same locality under similar conditions.

21. Subconsultants.

21.1 If CONTRACTOR proposes to have any subconsultant perform any part of the Services, CONTRACTOR must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant’s services. The City, in its sole discretion, may grant or deny the request.

DocuSign Envelope ID: FE69607F-AB7F-4CFE-82B0-69EC1FBA4CCD

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Attachment: Original Contract - CT 10880 Grace Environmental (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services) - 6 -

21.2 CONTRACTOR will be responsible for the quality of any subconsultant’s work. Every subcontract or agreement of any kind entered into between CONTRACTOR and any subconsultant (or between any subconsultant and others) must contain the following provision:

This agreement is consistent with all terms and conditions of the Agreement No. 10880 (CCS) entered into between the
City of Santa Monica and CONTRACTOR
on^^____________________.

22. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.

23. Venue and Jurisdiction. The City and CONTRACTOR agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.

24. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement. ///
///
///
DocuSign Envelope ID: FE69607F-AB7F-4CFE-82B0-69EC1FBA4CCD 10/18/2019

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Attachment: Original Contract - CT 10880 Grace Environmental (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services) - 7 -

25. Exhibits. The following exhibits are incorporated by reference into this Contract as though fully set forth herein.

Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
CONTRACTOR Corporation
#VENDOR
By: ________________________________
DocuSign Envelope ID: FE69607F-AB7F-4CFE-82B0-69EC1FBA4CCD City Attorney
Lane Dilg
10/8/2019
10/10/2019
Charles Grace
President / CEO
Grace Environmental Services
10/18/2019
City Manager
Rick Cole
City Clerk
Denise Anderson-Warren
10/21/2019

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Attachment: Original Contract - CT 10880 Grace Environmental (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services) Exhibit A
Scope of Work
Provide semi-annual and annual calibration services to instrumentation and electrical components at thirteen facilities and other various locations for the City of Santa Monica’s Water Resources Division.

Contractor will perform equipment installations, preventative maintenance and repairs as needed.

Components may include chemical controllers (Hach), flow meters (Emco, McCrometer, Sparling, Water Specialties, Yokogawa), level indicators (Miltronics), lighting controls, pressure transmitters (Foxboro, Rosemount and Siemens), pump controls, recorders, transducers (Esterline and Druck), valve controllers, and other items.

Contractor will also assist with tie-ins to the City’s Supervisory Control And Data Acquisition (SCADA) system.

Written reports shall be provided by the contractor detailing work performed (calibrations, repairs, etc.).

After hours, weekend and short-notice work may be required. Contractor must be able to respond onsite to Santa Monica or West Los Angeles within 24 hours of notification.

The City may opt to provide parts and components; otherwise the contractor will provide the parts and components.

The City may add or delete equipment, change frequency of service and add or delete site locations upon written notification to the vendor. Pricing will be adjusted accordingly.

Waste Materials Disposal – Contractor shall responsibly remove and properly dispose of any trash and other waste materials generated during this agreement in accordance with all applicable laws.

DocuSign Envelope ID: FE69607F-AB7F-4CFE-82B0-69EC1FBA4CCD

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Attachment: Original Contract - CT 10880 Grace Environmental (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services) Item Num Section Description
Grace
Environmental
Services - Line Total
1 Arcadia Arcadia Water Plant (101 items) - semi-annual service price for Period 1: $47,186.68 2 Arcadia Arcadia Water Plant (115 items) - annual service price for Period 1: $56,234.05 $103,420.73
3 Charnock Charnock Well Field (33 items) - semi-annual service price for Period 1: $16,460.14 4 Charnock Charnock Well Field (39 items) - annual service price for Period 1: $20,710.44 $37,170.58
5 Santa Monica Well 1 Santa Monica Well #1 (1 item) - semi-annual service price for Period 1: $621.38 6 Santa Monica Well 1 Santa Monica Well #1 (1 item) - annual service price for Period 1: $621.38 $1,242.76
7 Santa Monica Well 3 Santa Monica Well #3 (1 item) - semi-annual service price for Period 1: $621.38 8 Santa Monica Well 3 Santa Monica Well #3 (1 item) - annual service price for Period 1: $621.38 $1,242.76
9 Santa Monica Well 4 Santa Monica Well #4 (1 item) - semi-annual service price for Period 1: $621.38 10 Santa Monica Well 4 Santa Monica Well #4 (1 item) - annual service price for Period 1: $621.38 $1,242.76
11 Moss Moss Avenue Pump Station (2 items) - annual service price for Period 1: $1,242.77 $1,242.77
12 Pico Kenter Pico Kenter Outfall (1 item) - annual service price for Period 1: $621.38 $621.38
13 Santa Monica Urban
Runoff Santa Monica Urban Runoff Recycling Facility (3 items) - annual service price for Period 1: $1,690.15 $1,690.15
Pricing Hourly billable rate for regular weekday daytime work (as needed repairs, new equipment installations): $188.50 Pricing Hourly billable rate for overtime / after hours and Saturday work. Please define the days of the week and hours when this rate would apply in the Comments section (e.g. Mon-Fri 12AM-7AM and 5PM-midnight and Saturday hours). $282.75 Pricing Hourly billable rate for Sunday and holiday work: $377.00 Pricing Firm's minimum call-out charge: $1,377.50
Additional Pricing
Information
Percent discount off of manufacturer's price list for related repair items subject to this bid not listed above (such as service parts): __________ % to_________ % 0.00
Payment Terms Payment Terms (Enter payment discount terms; otherwise net thirty (30) days will apply. NET 30 Renewal Options
The City desires the right and option to extend any contract hereunder for additional one-year renewal periods from date of expiration at the same price, terms and conditions. For each subsequent renewal period listed below please indicate in the comment section which of the following apply (otherwise same price, terms and conditions offered will apply): 1) No renewal option offered. 2) Same price, terms and conditions offered. 3) _________% of increase of previous year's price for all areas or options. Increases greater than CPI will be subject to the "Escalation & De-Escalation of Bid Price" clause in the bid. Specify alternate terms and conditions if applicable. State in the comment section the percentage increase.

SAME PRICE,

TERMS, &

CONDITIONS
Total NTE: $625,000
Pricing includes all overhead and administration, complinace with prevailing wage/certified payroll submittal requirements (including hard copy submittals to the City's prevailing wage monitoring consultant), befenfits and profit.

Exhibit B
Budget
DocuSign Envelope ID: FE69607F-AB7F-4CFE-82B0-69EC1FBA4CCD

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Attachment: Original Contract - CT 10880 Grace Environmental (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services) 1 Exhibit C
Insurance Requirements
Contractor 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 Contractor, its agents, representatives, employees or subcontractors.

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

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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

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

4. Professional Liability: Insurance appropriate to the Contractor’s profession with limits of no less than $1,000,000 per occurrence or claim/$2,000,000 in the annual aggregate.

If the Contractor 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 Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

Other Insurance Provisions

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Attachment: Original Contract - CT 10880 Grace Environmental (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services) 2 connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Contractor’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 Contractor’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 Contractor’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: Contractor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Contractor may acquire against the City of Santa Monica by virtue of payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.

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

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Contractor 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
Contractor shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by DocuSign Envelope ID: FE69607F-AB7F-4CFE-82B0-69EC1FBA4CCD

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Attachment: Original Contract - CT 10880 Grace Environmental (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services) 3 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 Contractor’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 Contractor, 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 Contractor resulting from said breach.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.

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

DocuSign Envelope ID: FE69607F-AB7F-4CFE-82B0-69EC1FBA4CCD

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Attachment: Original Contract - CT 10880 Grace Environmental (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services) City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 5.G
1 of 8
To: Mayor and City Council
From: David Martin, Director, City Planning
Subject: Adoption of a Resolution approving Historic Property Preservation Agreement (Mills Act Contract)
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemptions pursuant to Sections 15308 and 15331 of the California Environmental Quality Act (CEQA) Guidelines.

Summary
The City has a longstanding commitment to historic preservation that includes educating property owners about and offering the benefits of the Landmarks program. One of those benefits is the Mills Act, California Government Code Sections 50280-50290, a State law that enables contracts between local governments and property owners of qualified historic properties authorizing a property tax reduction. The Mills Act is one of the most effective financial incentives available to owners of historic properties and is an important tool for implementing the City’s Historic Preservation Element goals promoting the designation and long-term preservation of historic resources. Currently, onehundred properties in Santa Monica are protected with Mills Act contracts.

The City received one application for consideration in 2023, a multifamily residential property. On September 11, 2023, the Landmarks Commission reviewed and recommended approval of the contract. Staff has determined that the application meets

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all applicable requirements of State law and the Santa Monica Municipal Code.

Therefore, staff recommends approval of the Mills Act Contract for 3014 Fourth Street.

Mills Act contracts are approved by Resolution of the City Council (Attachment B).

Background
In 1991, as part of a comprehensive revision to the City’s Landmarks Ordinance, the City Council authorized designated Structures of Merit, Landmarks, and contributing structures located in designated Historic Districts to be considered qualified historic properties eligible for historic property contracts submitted pursuant to the provisions of the Mills Act. As a result, property owners of such designated historic properties may file a Mills Act Contract application. In 2014, the Council passed an Ordinance that revised the City’s Mills Act Program by amending Santa Monica Municipal Code Section

9.56.270(F) to narrow contract eligibility requirements and expand applicant submittal requirements.

Specifically, a Mills Act Contract may only be approved if:

1. The property has no outstanding violations of the Santa Monica Municipal Code, or any other applicable Federal, State, or local law, rule or regulation;

2. The property is not subject to a tax delinquency; and

3. All work that has been previously conducted on the property conforms to the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

The City requires applicants for Mills Act Contracts to provide a report prepared by a qualified architect describing the condition of the structure and its rehabilitation and maintenance needs to ensure the resource’s historic integrity and structural stability and therefore continue the life and usefulness of the historic structure. Recommendations in the architect's report are reflected in the proposed 10-year maintenance plan submitted to the County Tax Assessor's office which determines the value of the historic property

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based upon its current net operating income, rather than upon the traditional assessed valuation method. In most cases, the result is a reduction in property tax. In exchange for a property tax reduction, the owner agrees to protect, maintain and, if necessary, restore the historic property. The initial Mills Act contract term is a minimum 10-year period. Each year on the anniversary of the effective date of the agreement, also known as the renewal date, a year is automatically added to the initial 10-year term of the agreement. This effectively makes the term of the contract at least 10 years, but possibly indefinite unless the owner or City submits a notice of non-renewal.

Alternatively, the owner may petition the City to initiate an immediate cancellation, which would result in payment of a penalty equal to 12.5% of the property’s assessed current fair market value, as determined by the County Assessor as though the property were free of the contractual restriction. The City may also cancel the contract in the event of a breach of contract conditions, whereby the property owner would be subject to pay the same 12.5% penalty. Property owners are required to obtain all applicable entitlements such as a Certificate of Appropriateness, and all associated building permits, for work proposed in the 10- year maintenance plan. Furthermore, all work proposed in the 10- year maintenance plan must comply with “The Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings” (Weeks & Grimmer, 1995; revised 2017), as subsequently amended from time to time. Property owners are also required to submit a report to the City on a biennial basis to demonstrate compliance with contract terms. Staff reviews the reports received and may conduct site inspections to confirm the completion of work tasks as part of its assessment.

Discussion
There is one multi-family application for consideration for this calendar year; 3014 Fourth Street. Staff has determined that the property qualifies under SMMC

9.56.270(F), as there are no confirmed or outstanding Code violations; the property is current in property tax payments; and all work that had been previously conducted, was done in a manner that is consistent with the Secretary of the Interior’s Standards. The specific details of this property are discussed below.

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Figure 1: Photo of 3014 Fourth Street (central drive aisle) A Mills Act Contract is proposed for the 21-unit property constructed over a twenty-two year period with periods of significance including the years 1922, 1925 and 1944. The initial structure was constructed in 1922. The residential building and parcel were designated as a City Landmark on November 11, 2022.

The character defining features include:
• Two-lot assembled parcel, bisected by a central driveway, containing an H shaped residential building complex and a formal garden;
• Asymmetrical massing of one to three stories, accommodating the slope of the property, bridging the driveway, and reflecting growth by accretion over time; • Eclectic architectural character consisting of Spanish Colonial Revival styling combined with Streamline Moderne and Hollywood Regency elements; • Complex roof configuration, with gabled and flat portions and a truncated turret;

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• Primary exterior materials of textured stucco, with partial clay tile roofing and coping;
• Varied fenestration, incorporating flat-headed and arched openings, fixed, doublehung, and casement windows; single- and multi- light windows in varying patterns.

As part of the Mills Act application, an Historic Structure Condition Assessment and Maintenance Plan was prepared by Robert J Chattel. The report assesses the existing condition of the residential building and identifies repair, restoration/rehabilitation, and maintenance needs (Attachment A) along with a general schedule for completion of work.  As discussed more fully in Attachment A, the property appears, given the current repairs, to be in excellent condition.

One Certificate of Appropriateness was issued for the replacement of the rear retaining wall on March 13, 2023. As discussed more fully in Attachment A the property has been brought up to excellent condition. A substantial amount of site work was completed during the 2022-2023 year period. The scope of this work includes a re-roof, rebuild of the west retaining wall, hardscape and paving, landscape and irrigation, painting, window and door rehabilitation. Major systems repair or replacement include foundation and structural work, mechanical HVAC systems, plumbing, electrical, and installation of a fire sprinkler system. A portion of the work was approved with Certificate of Appropriateness 22ENT-0316, however, the majority of the work was undertaken prior to the Landmark designation, approved under 17BLD-2756 issued in 2018.

The remaining rehabilitation costs specify hiring a conservator to evaluate and restore the tile work along the walkways, stoops and patios. The restoration of the rear garden fountain requires a conservator to salvage and restore existing tiles, construct new tiles and repair the fountain’s functionality. The remaining restoration work includes rebuilding the south retaining wall, a seismic upgrade, rehabilitation of doors and window as well as repair and replacement where necessary of existing hardware by a licensed contractor. As noted in the Rehabilitation/ Restoration plan, work described will be done in the immediate/near future. The applicant has developed a 10-year

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rehabilitation/maintenance plan describing tasks that will be undertaken to address the identified concerns and ensure on-going maintenance that is expected to be realized through the projected tax savings. The maintenance tasks are estimated to have an annual total cost of approximately $47,000 with all identified exterior restoration/rehabilitation projected to cost $2,989,636 over the initial 10-year contract period.

Environmental Review
Approval of the Mills Act contract is categorically exempt from the California Environmental Quality Act pursuant to Sections 15308 and 15331 of the CEQA Guidelines. Section 15308 exempts actions taken by regulatory agencies to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Approval of Section 15331 exempts projects that are limited to the maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior’s Standards. Approval of the Mills Act contract would ensure protection of the historic environment and conservation of the historic Landmark property, and therefore is categorically exempt from CEQA.

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Figure 2: Photo of 3014 Fourth Street rear elevation
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. Execution of these Mills Act Contracts would result in a reduction in annual property tax revenue to the City in the estimated amount of $4,804 for FY 2024- 25 and subsequent years thereafter. A summary financial analysis table is included as Attachment C.

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Prepared By: Regina Szilak, Associate Planner
Approved Forwarded to Council
Attachments:

A. 3014 4th Street application materials
B. Resolution Mills Act Contract 3014 4th Street
C. 2023 Mills Act Financial Analysis
D. 3014 4th_oaks initiative form
E. PowerPoint Presentation

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23ENT-0093

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Attachment: 3014 4th Street application materials (6006 : Adoption of a Resolutions approving Historic Property Preservation Agreements (Mills

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MILLS ACT CONTRACT APPLICATION

RESTORATION/REHABILITATION AND MAINTENANCE PLANS
3014 Fourth Street
Santa Monica, California 90405
Prepared for:

City of Santa Monica
City Planning Division
Prepared by:

Chattel, Inc. | Historic Preservation Consultants
Los Angeles
Prepared on behalf of:

Jeff Appel, United Property Management, Inc.

May 30, 2023
CHATTEL, INC. | HISTORIC PRESERVATION CONSULTANTS
By: _________________________________
Robert Jay Chattel, AIA, President

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TABLE OF

CONTENTS
I. Restoration/Rehabilitation Plan1
Site 1
Dwellings, Garage and Shed1
Systems 2
II. Maintenance Plan3
Site 3
Dwellings, Garage and Shed3
Systems 4

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RESTORATION/REHABILITATION AND MAINTENANCE PLANS
CHATTEL INC. | HISTORIC PRESERVATION CONSULTANTS 1
I. RESTORATION/REHABILITATION PLAN
This Restoration/Rehabilitation Plan outlines completed and proposed completed and future tasks addressing restoration and rehabilitation of the subject property. Tasks are organized in tables that thematically relate to the site as well as exterior and systems of the residence. Tasks addressing the retaining walls and tile conservation may be refined and re-prioritized, based on further consultation with professionals specializing in these systems during the first year of the contract period.

SITE

EXTERIOR
Contract
Year of
Completion
Feature Task Estimated
Cost
2022 Hardscape Site demolition, construct new walkways and driveway $163,140 2022 Landscape Excavation, grading, drainage, landscaping, irrigation, wrought iron fence
$269,952
2023 West
Retaining
Wall
Stabilization of retaining wall, demolish existing
garden hardscape and fountain basin, salvage back
portion of fountain, protect in place, excavation,
seismic retrofit
$180,000
2023 Fountain Engage conservator, salvage and restore tiles, source new tiles or engage fabricator to create new tiles,
reconstruct fountain, install restored and new tiles
$75,000
2023 Hardscape Reconstruct flagstone garden patio, repair asphalt driveway
$30,000
2023 Landscape Landscaping, irrigation around reconstructed fountain $10,000 2025 Tile
Walkways,
Patios, and
Stoops
Engage conservator, salvage and restore tiles, source
new tiles or engage fabricator to create new tiles,
replace missing or severely damaged tiles.
$25,000
2027 South
Retaining
Wall
Stabilization of the retaining wall, demolish portion of driveway, excavation, seismic retrofit
$75,000
Total site cost $828,092
Contract
Year of
Completion
Feature Task Estimated
Cost
2022 Roof
Remove roofing material, replace decking, install
insulation and waterproofing, install roofing, repair
gutters and downspouts.
$139,202
2022 Stucco Remove damaged stucco, waterproofing, reinstall stucco. $101,450
2022 Sheet Metal Remove damaged sheet metal, waterproofing, reinstall stucco. $10,090

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RESTORATION/REHABILITATION AND MAINTENANCE PLANS
CHATTEL INC. | HISTORIC PRESERVATION CONSULTANTS 2

SYSTEMS
2022 Paint
Apply paint to new stucco, prepare existing wood
windows, doors, trim to receive paint, apply paint to
wood features.
$78,428
2022 Doors and
Windows
Rehabilitate existing wood windows and doors,
fabricate new wood windows to replace windows that
were not in conformance.
$53,201
2025 Doors and
Windows
Rehabilitate hardware and function of doors and
windows. $5,000
Total exterior cost $387,371
Contract
Year of
Completion
Feature Task Estimated
Cost
2022 Structural Engaged a structural engineer, implement recommendations for foundations, addition of
structural steel and reinforced framing.
$60,616
2022 Mechanical/
HVAC
Engaged a qualified HVAC specialist, removed
HVAC in vacant units, installed mini-split systems.
$89,048
2022 Electrical Engaged a qualified electrician, upgraded panel, replaced wiring, replaced exterior outlets, new
lighting.
$66,612
2022 Plumbing Engaged a qualified plumbing contractor,
removed and replaced galvanized and corroded
water supply and waste lines, replaced main
sewer line.
$232,938
2022 Fire
Suppression
Installed new fire sprinkler system throughout
interior of property
$99,406
Total systems cost $548,620
Total completed and proposed restoration/rehabilitation cost $1,764,083

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CHATTEL INC. | HISTORIC PRESERVATION CONSULTANTS 3
II. MAINTENANCE PLAN
This Maintenance Plan outlines ongoing maintenance tasks for the subject property, with most tasks implemented on an annual basis. Estimated costs are calculated on estimated annual expenses over a 10-year period. Tasks are organized in tables that thematically relate to the site as well as to the exterior, systems, and interior of the multi-family building complex.

SITE

DWELLINGS, GARAGE, AND SHED
Contract
Year of
Completion
Feature Task Estimated
Cost
As needed Hardscape Regular maintenance. Ensure walkways retain a flat surface to avoid tripping hazards.
$3,000
As needed Landscape Regular maintenance. Ensure adjacent soil slopes away from buildings. Ensure water from irrigation
systems is not hitting buildings. Trim dense trees and
monitor growth to ensure that trees do not touch
building.
$5,000
Total site maintenance cost $8,000
Contract
Year of
Completion
Feature Task Estimated
Cost
As needed Windows Window repairs and maintenance. Where necessitated by deterioration, replace wood sash and hardware inkind. Maintain glazing. $3,500
As needed Roof Roofing repairs and maintenance. Clear any debris from roof and gutter system, and ensure sealant is in
good condition.
$5,000
As needed Paint Maintain exterior painted finish. $2,500 As needed Termite and
pest control
Termite prevention maintenance and pest control. $500
Total exterior maintenance cost $11,500

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FOURTHSTREET,SANTA MONICA,CALIFORNIA

RESTORATION/REHABILITATION AND MAINTENANCE PLANS
CHATTEL INC.|HISTORIC PRESERVATION CONSULTANTS 4

SYSTEMS
Contract
Year of
Completion
Feature Task Estimated
Cost
As needed Structural Annual maintenance$1,000
As needed Mechanical Annual maintenance$2,500
As needed Electrical Annual maintenance$1,000
As needed Plumbing Annual maintenance$2,500
As needed Gutter and
downspout
system
Annual maintenance$1,000
Total systems maintenance cost$8,000
Total proposed annual maintenance cost $27,500

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Packet Pg. 106 Attachment: 3014 4th Street application materials (6006 : Adoption of a Resolutions approving Historic Property Preservation Agreements FINANCIAL ANALYSIS FOR MILLS ACT CONTRACT AT (ADDRESS):__________________________________ REVENUES Current1) Monthly Rental Income 3%2) Annual Rental IncomeANNUAL EXPENSESGen. Expenses: 25% SFD, Others 30% Vacancy loss 3% $08) Total Expenses $0
(Sum Lines 8-9) NET OPERTING INCOME $0 (Line 2 Minus 8)CAPITALIZATION RATE 9) Interest Component 5.5%10) Historic Property Risk 4% (2%, or 4% for SFD)
11) Property Tax Component 1%12) Amortization Component 0.5% 13) Capitalization Rate 11%
(Sum Line 9 - 12)
TAXES14) Mills Act Assessment $0
(NOI/ Line 13)
15) Tax Under Mills Act $0
(Line 14 X .01035146)
16) Current Tax17) Tax Savings
(Line 16 - Line 15) $0
18) Annual Costs to City
(Line 17 X 16%) $0
3014 Fourth Street, Santa Monica, CA
$42,153
$505,836
$61,115

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ACT CONTRACT APPLICATION

ARCHITECTURAL REPORT
3014 Fourth Street
Santa Monica, California 90405
Prepared for:

City of Santa Monica
Planning & Community Development
Prepared by:

Chattel, Inc. | Historic Preservation Consultants
Los Angeles
Prepared on behalf of:

Jeff Appel, United Property Management, Inc.

May 30, 2023
CHATTEL, INC. | HISTORIC PRESERVATION CONSULTANTS
By:____________________________________
Robert Jay Chattel, AIA, President

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TABLE OF CONTENTS
I. Introduction ...............................................................................................................................................................................................................1 II. Qualifications ............................................................................................................................................................................................................3 III. Secretary of the Interior’s Standards for the Treatment of Historic Properties ......................................................................................................4 IV. Statement of Significance ........................................................................................................................................................................................6 V. Physical Description ..................................................................................................................................................................................................8 SETTING AND OVERALL DESCRIPTION..............................................................................................................................................................8 EXTERIOR..........................................................................................................................................................................................................9 ALTERATIONS .................................................................................................................................................................................................12 VI. Rehabilitation, Restoration, and Maintenance Recommendations.......................................................................................................................14 COMPLETED WORK ........................................................................................................................................................................................15 SITE....................................................................................................................................................................................................15 EXTERIOR...........................................................................................................................................................................................19 SYSTEMS............................................................................................................................................................................................26 ONGOING WORK............................................................................................................................................................................................30 SITE....................................................................................................................................................................................................30 FUTURE WORK...............................................................................................................................................................................................30 SITE....................................................................................................................................................................................................30 EXTERIOR...........................................................................................................................................................................................35 VII. Conclusion.............................................................................................................................................................................................................36

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ARCHITECTURAL REPORT
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I. INTRODUCTION
This Architectural Report documents existing conditions of the twenty-one units at the 3014 Fourth Street in Santa Monica, California (Assessor’s Parcel Number 4287-010- 022, subject property) and provides recommendations for future rehabilitation, restoration, and maintenance work for the purpose of entering into a Mills Act contract with the City of Santa Monica (City). The subject property is an eclectic, “H”-shaped apartment complex that evolved and expanded over a period of twenty-two years. It consists of a one-story house with one- to three-story rear additions, a two- and threestory, rectangular apartment building with lower level garages, and a two story bridge or hyphen connection between the two primary buildings (Figure 1). The subject property was designated as a City Landmark on November 14, 2022.

Proposed work on properties designated as City Landmarks are subject to review by City Planning Division staff and the Landmarks Commission for conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (Secretary’s Standards).
1 This presumption is based on a March 9, 1922 building permit for basement walls crediting F. D. Rutherford as architect, the earliest permit for the property in the City files. No permit for the house itself is the file. The next extant permit is for the 1925 improvements, and indicates that the five room plus basement residence is already on the property.

Figure 1: Subject property
Key
Parcel boundary
Aerial photograph of subject property with lots
denoted in red, yellow and green
(Google Earth 2022)

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Findings of this report are informed by observations made by Chattel, Inc. (Chattel) during multiple site visits to the subject property (February 2014 through May 2023), and considers information contained in drawings prepared by Mojdeh Memarzadeh Gabriel Ruspini Design (June 14, 2016).

The subject property has recently completed a major rehabilitation to the site and existing structures. All work was reviewed and approved by City departments. The scope of rehabilitation included installation of a new roofing materials, rehabilitation of windows, repair and replacement of exterior stucco, upgrades to systems, and new landscaping. However, additional maintenance and preservation work is necessary to complete the rehabilitation scope, including conservation of historic tile, and maintaining treatments to exterior materials. All future work will be completed in accordance with the Secretary’s Standards and Third Street District design guidelines. All required Planning and Building Permit approvals shall be obtained. 3014 Fourth Street is significant for its unique marriage of three trends that characterized residential development in the greater Los Angeles region in the years between the two World Wars: accumulative architecture, courtyard housing, and architectural eclecticism. The original house and the garden are also notable as one of the few known examples of the residential design of architect Francis David Rutherford.. The extent of the rehabilitation necessary to return the property to a state of utility demonstrates the need for incentive through the Mills Act to help preserve this unique architectural resource.

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II. QUALIFICATIONS
Chattel is a full service historic preservation consulting firm with practice throughout the western United States. Based in Los Angeles, the firm represents governmental agencies and private ventures, successfully balancing project goals with a myriad of historic preservation regulations without sacrificing principles on either side. Comprising professionals meeting the Secretary of the Interior’s Professional Qualifications Standards in history, architecture, architectural history, and historic architecture, the firm offers professional services including historical resources evaluation and project effects analysis, in addition to consultation on federal, state, and local historic preservation statutes and regulations.

Staff engage in a collaborative process and work together as a team on individual projects. This architectural report was prepared by firm President Robert Chattel, historic preservation architect and Senior Associate Nels Youngborg, architectural historian.

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III. SECRETARY OF THE INTERIOR’S STANDARDS FOR THE TREATMENT OF HISTORIC PROPERTIES The Secretary’s Standards are the standard of review for properties with Mills Act contracts employed by the City of Santa Monica and include four treatment approaches: rehabilitation, restoration, maintenance, and preservation. The specific standard of review for properties with Mills Act contracts is rehabilitation, which is defined as “the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.”2 Rehabilitation involves returning a property to a state of utility and does not require the more invasive approach of restoration, which means to return a property to its appearance during a specific period in time.

The rehabilitation standards include the following:

1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.

2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.

3. Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.

6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials.

Replacement of missing features will be substantiated by documentary and physical evidence.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.
2 Kay D. Weeks, “The Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings” (Washington D.C.: National Park Service, 2017).

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10. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

The Secretary’s Standards are not intended to be prescriptive, but instead to provide general guidance. They are intended to be flexible and adaptable to specific project conditions in order to balance continuity and change while also retaining historic building fabric to the greatest extent feasible. Their interpretation requires exercise of professional judgment and balance of the various opportunities and constraints of any given project based on use, materials retention and treatment, and compatibility of new construction. Not every standard necessarily applies to every aspect of a project, nor is it necessary to comply with every standard to achieve conformance.

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IV. STATEMENT OF SIGNIFICANCE
The subject property was designated as a City Landmark on November 14, 2022 by the Landmarks Commission (Commission). The Commission recommended and City Council declared that the subject property was eligible for designation under the following criterion:
3 1. Criterion 1, for its exemplification of the architectural and developmental history of the City in the years prior to World War II. With its multiple buildings on the parcel, growth over time, hybrid architect, and orientation towards the ocean, the subject property is a product of a characteristic City pattern of growth.

2. Criterion 2, for the aesthetic value of the tilework displayed on the paving, patios, and fountain. The tilework was installed during the original period of construction for the subject property and features intricate glazed designs. Recently it was determined that the tile was manufactured by the American Encaustic Tiling Company, which was founded in Zanesville, Ohio, in 1875 and opened a manufacturing plant in Vernon, California, in 1919.

3. Criterion 4, for its embodiment of the distinguishing characteristics of architectural eclecticism and accumulative architecture.

4. Criterion 5, as a representative example of the work of notable Santa Monica-based architect F.D. Rutherford.

In support of a Mills Act application, Chattel, Inc. has identified the following character-defining features of the subject property:

Overall Visual Character:
• Two-lot assembled parcel, bisected by a central driveway, containing an H-shaped residential building complex and a formal garden • Asymmetrical massing of one to three stories, accommodating the slope of the property, bridging the driveway, and reflecting growth by accretion over time
• Eclectic architectural character consisting of Spanish Colonial Revival styling combined with Streamline Moderne and Hollywood Regency elements
• Complex roof configuration, with gabled and flat portions and a truncated turret • Primary exterior materials of textured stucco, with partial clay tile roofing and coping • Varied fenestration, incorporating flat-headed and arched openings; fixed, double-hung, and casement windows; single- and multilight windows in varying patterns 3 Santa Monica Municipal Code 9.56.290.B.1-5

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• Mature palms
Exterior Features:
• Roof detailing at north building, including exposed brackets and beams • Entry detailing at east elevation of north building, including spiraled pilasters; wood-gabled vestibule; wrought iron pendant light; wood screen and tiled pediment; paired 15-light doors; decorative plaque inset into facade • Tiled entry path, stair treads and risers, and vestibule paving at north building main entry and south-facing patios; remnant of exterior tiling at interior
• Enclosed arcade on west elevation of north building
• Glass block windows at porte cochere
• Streamlined stainless steel banding with speedlines at south building and hyphen between north and south buildings • Flat, curved canopies at south building and hyphen
• X-patterned railing at south building and hyphen
• Tiled fountain at west end of formal garden, featuring tiled vertical element and basin

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CHATTEL INC. | HISTORIC PRESERVATION CONSULTANTS 8
V. PHYSICAL DESCRIPTION
The following is a description of the subject property, including its setting, exterior, and interior. Alterations are also summarized.

SETTING AND OVERALL DESCRIPTION
Located on the west side of the street, 3014 4th Street (subject property) is an eclectic, “H”-shaped, apartment complex (complex) that evolved and expanded over a period of twenty-two years.4 It consists of a one-story house with one- to three-story rear (west) additions in the northeast quadrant of the property (north building aka Part A); a two- and three- story, rectangular, apartment building with lower level garages at its west end occupying the south half of the property (south building aka Part C); and a two-story bridge or hyphen connection (hyphen aka Part B) between the south building and north building (specifically, the second story addition west of the one-story house (see Site Plan, Attachment A).

The hyphen spans a driveway that descends to the west from street level, bisects the property, and incorporates a porte cochere and second story apartment. There is a formal garden in the northwest quadrant of the property behind the north building that features a tile fountain and detached outbuilding.

The original improvements on the property, the house and the garden, were constructed in 1922 in the Spanish Colonial Revival style and are presumed to have been designed by architect Francis D. Rutherford.5 A double garage with a room above it was added to the property in 1925 (the east end of the south building, closest to 4th Street) by builder C. L. Schneider. The west addition to the original house was also constructed by builder C.L. Schneider in 1926. In 1944, the 1925 garage building was converted into an apartment and the south building and hyphen were constructed by builder Samuel Silver, introducing Streamline Moderne and Hollywood Regency elements into the design and resulting in an eclectic combination of styles and periods. Located on the crest of a hill near the southern boundary of the City of Santa Monica, the complex is an intrinsic component of the streetscape and representative of the diverse residential development that characterizes its Ocean Park neighborhood.
4 Note that for ease of description, it is assumed that 4th Street runs north-south, with the Pacific Ocean lying a few blocks to the west of the property. 5 This presumption is based on a March 9, 1922 building permit for basement walls crediting F. D. Rutherford as architect, the earliest permit for the property in the City files. No permit for the house itself is the file. The next extant permit is for the 1925 improvements, and indicates that the five room plus basement residence is already on the property.

Photograph of subject property, east) elevations as seen from Fourth Street, view southwest. (Chattel 2022)

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CHATTEL INC. | HISTORIC PRESERVATION CONSULTANTS 9
The first dwelling constructed on the subject property was 2602 3rd in 1910. A garage was constructed contemporaneously and was connected to 3rd Street via a driveway. The grad slopes from the high point at 3rd Street to the west down Beach Street. This dwelling reads as a one-story dwelling when viewed from 3rd Street, however a studio apartment was constructed in the full basement in 1995, 250 Beach. The two bungalows on the western part of the subject property were constructed after 1910, but before 1918.

EXTERIOR
Exterior walls of the complex are clad in roughly textured stucco6 and roofs are mostly gabled or flat. The gabled sections are covered in Mission clay tiles.

Windows are wood-framed and include a mix of double-hung sash, casements, and fixed sash, mostly with divided lights. Both flat-headed and arched openings are present. Due to the accumulative evolution of the property, no elevation is symmetrical, lending a sense of individuality to each of the apartments, many of which are directly accessed from the exterior. The primary, east elevation faces 4th Street and consists, from north to south, of the original one-story house with two-story additions to its rear, the paved driveway that splits the parcel and runs beneath the hyphen, and the multi-story apartment building that step back to the west in one-story, two-story, and three-story increments.

The east, street-facing elevation of the north building is the primary façade of the original Spanish Colonial Revival house, which is divided into three bays by its massing and cross-gabled roof configuration. The modestly overhanging clay tile roof is detailed with wooden brackets and beams in the eaves. Offset to the north, the front-gabled entry bay contains three arched openings, with the entry recessed behind the larger central arch and flat-headed windows topped by lunette transoms comprising the side openings. Two decorative, precast, spiraled pilasters flank the central arch, leading to a gabled vestibule with a wooden ceiling from which an original wrought iron pendant light is suspended. Two fifteen-light doors, each opening to a separate apartment, are set beneath an arched and intricately carved wooden screen that covers an arched and tiled pediment.7 The vestibule and the pathway leading from the sidewalk to it are paved in green tile laid in an alternating square and cartouche pattern which is bordered by polychromatic cement tiles. Three shallow steps rise from pathway to vestibule and are also tiled. There is an ornamental cement plaque inset into the wall near the south end of the central bay projection.

Fenestration in the side bays consists of a pair of double-hung sash windows in the north bay and another pair of double-hung sash windows plus a single window in the larger south bay. Upper sashes are divided into nine lights. Two mature palms rise from the front setback, which has recently been re-landscaped with extensive native and adapted vegetation reflecting a Mediterranean garden tradition. 6 The texture of the stucco is consistent with the extant basement walls of the west addition to the north building. 7 Conversion of the single family residence into two apartments occurred at an unknown date between 1926 and 1944.

Sanborn map (1950) of subject property (outlined in blue. (Chattel 2022)

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Attached to the rear (west) of the original house by a gabled, one-story wing, the east elevation of the second story addition west of the original house is visible from the street above and southwest of the house. It continues the Spanish Colonial Revival theme and is capped by clay tiled front and side gables and a truncated turret atop a rounded bay. Windows are both round- and flat-headed and contain multilight fixed or casement sashes. The upper story of the addition is attached seamlessly to the hypen west and south of the house. The lower story southeast corner apartment features two bays of glass block windows. Entries to individual apartments in this addition vary between multi-paned French doors and paneled wood doors and open onto a patio on the lower level and a second story walkway accessed by an exterior staircase. Wrought iron railings line the walkway and staircase. The lower-level patio is paved in the same green tile with polychromatic borders that characterizes the main entry pathway from the street to the house.

The driveway, recently surfaced in pavers, marks the center of the parcel from the east elevation. It is spanned by the set-back hyphen connecting the rear part of the two-story addition described in the previous paragraph and the two- and three-story sections of the south building in the south portion of the parcel. The ground level of the hypen is the porte cochere, defined by two covered breezeways with arched openings flanking the driveway. The north breezeway contains an entry to apartment in the north building, while the south breezeway leads to a staircase as well as to apartment entries in the south building. The upper story of the hyphen is spanned by an open air balcony walkway which connects to the walkway running along the north side of the second floor of the south building. Both sections of this balcony, along with the exterior staircase leading up to it, feature a metal railing whose X-patterned design suggests the influence of the Hollywood Regency style. The roof of the hyphen is flat, edged by a parapet with clay tile coping. Set two feet from the top of the parapet, a Streamline Moderne molding clad in stainless steel and banded with three-dimensional speed lines wraps the building, continuing as a broad fascia around a rounded, projecting flat canopy offset north from the center of the hyphen. Beneath the canopy, an apartment entry consists of a wood, multi-light door flanked by double-hung sash windows identical to those seen elsewhere in the complex.

The east, street-facing elevation of the south building steps back and up in height, the third floor being the most recessed into the lot. The first story is set back ten feet from the property line behind a garden recently re-landscaped with native and adapted vegetation. The onestory section, shallow in depth, is capped by a side-gabled and tiled roof. Approached by a cement walkway, an apartment entry is sheltered by a tiled shed roof supported by brackets. A wood, multi-light door is framed by two double-hung sash windows with multi-light upper sashes. Flat-roofed, the second floor is fronted by a flat balcony that sits just behind the ridgeline of the first-floor gable. Two bays separated by a raised pier overlook the balcony and are fenestrated with a combination of single-light casements and a tripartite window consisting of fixed and casement sashes. Set further back yet, the third floor utilizes the second-floor roof as roof deck. Hollywood Regency-influenced railings enclose the second and third floor exterior spaces. Fenestration on the third level includes multi-light doublehung and casement windows. A shallow shed roof partially shades these openings.

Clearly visible from the street until barred from further view by the hyphen, the north elevation of the south building parallels the driveway.

This eastern section of the north elevation continues the themes noted on the east elevation, with the previously described stepped back massing and a combination of gabled and flat roofs. Fenestration resembles that displayed elsewhere in the complex, incorporating flatheaded windows regularly alternating with apartment entries and staircases to upper-level apartments. The exterior staircase, Hollywood

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Regency-railed balcony, and Streamline Moderne molding and canopy described with respect to the hyphen also characterize this elevation. Beyond (west of) the hyphen, the western section of the south building features a short continuation of the two-story apartments.

Three two-car garages cascade down the sloped parcel and face the driveway. Roof decks top the west two garages, overlooked by multilight wood doors and double-hung sash windows with multi-light upper sashes.

The rear, west elevation of the north building overlooks the formal garden. Because of the downward slope of the parcel, a basement level is located above grade on this elevation, making it three stories in height. The expansion of the building over time is clearly evident through the complex roof configuration, projecting and receding massing, and varied, non-rhythmic fenestration. A combination of front-gabled, side-gabled, and flat areas characterizes the roof, with clay tiles covering the gables and edging the parapets. Windows are both flat- and round-headed, either double-hung sash or casements, with both single pane and divided lights utilized. A large, tripartite window near the center of the second level, set beneath a flared expanse of the exterior wall, is clearly an enclosure of an earlier balcony and arcade, whose arched openings are visible beyond the glass. At the north end of this elevation, a 1932 bathroom addition projects out from the northwest corner of the building. Entries to basement apartments open onto the pathway that edges the building. Seamlessly attached to the south end of the upper story, the west elevation of the hyphen features a pair of double-hung sash windows.

The north elevation of the north building and south elevation of the south building face the north and south property lines, respectively, and are mostly utilitarian in appearance. Stairs, a small patio and the entry to an apartment are located off the concrete pathway along the north elevation of the north building. The south elevation of the south building is mostly not visible from the street. Its fenestration echoes that of the north elevation but has no access to the interior. There is a metal gate and concrete paved walkway separating the subject property from the parcel to the south.

Occupying a rectangular footprint approximately equal to that of the north building, more or less 25 percent of the total square footage of the parcel, in the northwest quadrant of the property, the formal garden has clearly been prioritized throughout the evolution of the complex.

It is bounded by the north building on the east, the driveway on the south, and the property lines on the north and west. The garden is bisected east to west by a central concrete pathway that descends the gentle slope of the property in gradual increments on axis with a tiled, Spanish style fountain. Boulders edge the lower portion of the walkway, which empties onto a large stone-paved area. The fountain consists of a lozenge-shaped basin and a vertical, tiled, mummy-shaped slab whose tiled recess contains a mythological beast’s head from which water is intended to spout. The tile work echoes that seen at the entries on the east and south elevations of the north building. The formal garden features mature palms and landscaping with native and adapted plants. On the east elevation of the north building, the tiled path that leads from the sidewalk to the entry patio continues into the interior of the building, this space presumably being an outside porch that is now enclosed.

A one-story, flat-roofed outbuilding is located at the northwest corner of the garden. Clay tile coping marks the roofline of the building, which is sheathed in stucco. Multi-paned casement windows flank the entry, which is located in a cutaway corner on the southeast and sheltered by a small, metal canopy. The appearance of this outbuilding continues the Spanish Colonial Revival theme of the complex.

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ALTERATIONS
Originally constructed in 1922, the parcel was initially improved with a single, one-story, five-room house with a basement. Over the next twenty-two years and numerous major alterations and additions later, 3014 4th Street evolved into the eclectic complex it is today.

Alterations and additions began occurring soon after the original construction, the first being a garage and second story apartment built on the southeast corner of the parcel in 1925, the seeds of what is now the east end of the south building.

A year later, in 1926, an addition was recorded, with the first floor being 12 by 16 feet and the second floor being 20 by16 feet. These additions are presumed to be related to the existing five-room, one-story house on the north half of the parcel. In 1932, an 8 by 8 feet bathroom addition was incorporated into the northwest corner of the house. In 1939 and 1944, two-story additions were recorded on the parcel. In 1944, a pre-existing garage (presumably, the 1925 building) was converted into a three-room apartment. In 1947, windows and doors were altered. With respect to the site plan in Attachment A, it is concluded that Part A was constructed from 1922 to 1932, Part B was constructed from 1939 to 1944 and Part C was constructed from 1925 to 1944. In the 1980s and 1990s, the complex received new electrical and new plumbing.

Recently completed work to the interior and exterior of the subject property has included reconfiguring and remodeling existing kitchens and bathrooms and extensive rehabilitation of the exterior envelope. The exterior rehabilitation included window repair and in-kind replacement, as necessary, in-kind replacement of the stainless steel speedline fascia/molding detail, new code compliant guardrails that drew inspiration from originals, as well new compatible lighting and apartment numbers. The south elevation of the south building was substantially rebuilt due to structural deterioration. New stucco cladding closely followed the heavily textured precedent. The grounds were extensively landscaped using a Mediterranean-inspired palette that complements the Spanish Colonial Revival, Streamline Moderne and Hollywood Regency character of the buildings. The new paving of the west portion of the driveway to the porte cochere and concrete and stone paving of the rear garden similarly are contemporary and compatible improvements.

A permit was recently approved for structural retrofit of a failing retaining wall at the west property line. On May 12, the wall suffered a critical failure and contractors immediately began work to reinforce the retaining wall in order to protect the life and safety of tenants at the neighboring property. A historic fountain was located within five feet of the failing retaining wall, and approved plans called for:

The contractor shall secure the protection of the fountain during the construction. The fountain either shall be properly protected or alternatively, it shall be relocated and reinstalled after the construction is finished.

Unfortunately, due to the urgent need to stabilize the wall, contractors demolished the fountain basin and salvaged the vertical back portion in order to begin trenching and stabilizing the hillside. Although the approved plans called for the retention of the entire fountain, contractors did not find a way to accomplish that. Chattel was notified of the retaining wall failure and fountain demolition on May 18, oversaw efforts to encapsulate the salvaged portion of the fountain with plywood, retrieve all full and partial tiles that remained after the demolition, and began planning for the reconstruction of the fountain and tiles. As of the submission of this report, the work to retrofit the retaining wall is on going

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and the back portion of the fountain remains protected onsite. After the retaining wall project has been finished, the owner will prepare plans to reconstruct the fountain and adjacent landscape and apply for a permit to complete the work.

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VI. REHABILITATION, RESTORATION, AND MAINTENANCE RECOMMENDATIONS This section includes an assessment of existing conditions, that is separated into completed work, ongoing work and recommendations for future work. The property recently underwent a major rehabilitation, which was completed within the last year. Work is ongoing to retrofit a flailing retaining wall at the west property line and salvage the garden fountain. Photographs associated with the completed work demonstrate before and after conditions. The current property owner purchased the subject property in 2011 with the intention of Landmark designation and the applying for a Mills Act contract. All work was reviewed and approved by the City, and a majority of the work was completed in conformance with the Secretary’s Standards. The subject property generally appears to be in good condition. However, physical inspection reveals areas of deterioration, in particular the retaining wall to the west and damaged art tiles, and need for ongoing maintenance.

While all recommended work is important, tasks addressing maintenance of building systems (including structural and electrical) and prevention of deterioration linked to failing retaining wall conditions should be prioritized over more cosmetic tasks (e.g., replacing insensitive contemporary grout at porch). The tables in this section outline recommendations for future work. Further discussion on prioritizing implementation of recommended tasks is included in the Restoration/Rehabilitation and Maintenance Plans submitted as part of the Mills Act contract application.

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COMPLETED WORK
SITE
Feature Description Condition Recommendation(s) Photos
Hardscape Hardscape
includes concrete
walkways,
driveway, and
sidewalk apron
throughout the
site, and the
asphalt portion of
the driveway.

Good:

Hardscape
rehabilitation and
replacement has
been completed
as approved.

Repair concrete in-kind, as
needed.

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Feature Description Condition Recommendation(s) Photos

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Feature Description Condition Recommendation(s) Photos
Landscape Landscape areas
adjacent to the
street and in the
garden at the
west portion of
the site.

Good:

Rehabilitation of
the landscape
has been
completed as
approved.

Currently, part of
the landscape
has been
demolished at the
west portion of
the property as
part of an
approved permit
for seismic
retrofit.

Maintain landscape features
with regular maintenance and
landscaping.

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Feature Description Condition Recommendation(s) Photos

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EXTERIOR
Feature Description Condition Recommendation(s) Photos
Roof The roof consists
of gabled and flat
roof portions. The
gabled roof
portions are clad
with terra cotta
barrel tile and the
flat portions are
clad with .

Good:

Roof material
rehabilitation and
replacement was
completed as
approved..

Regularly remove debris that
accumulate on roof.

Address penetrations in roof at
satellite dish mount to prevent
future leakage.

Regularly inspect portions of
roof that are occupied to ensure
that proper maintenance and
repair is completed.

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Feature Description Condition Recommendation(s) Photos
Exterior
Stucco
Exterior siding
consists of painted
stucco with a
Spanish lace
texture.

Good:

Repair and
replacement of
exterior stucco
siding and
painting all
buildings was
completed as
approved.

Repair stucco in-kind, as
needed.

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Feature Description Condition Recommendation(s) Photos

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Feature Description Condition Recommendation(s) Photos

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Feature Description Condition Recommendation(s) Photos
Exterior
sheet metal
Sheet metal
speedlines and
canopies installed
on the exterior of
the structure.

Good:

Existing sheet
metal replaced
the previous
sheet metal,
which was in
poor condition.

Repair sheet metal, as
necessary.

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Feature Description Condition Recommendation(s) Photos
Exterior
Paint
Original window
and replacement
windows consist of
wood sash and
trim that is painted.

Doors consist of
wood and most
have multi-light
glazing, that is
painted. Exterior
stucco is painted.

Good:

All windows,
doors, and
exterior stucco
have recently
been painted,
which was
completed as
approved.

Repaint architectural features,
as needed. Ensure that all
surfaces are appropriately
prepared to receive a new layer
of paint, which would include
removing any dirt or loose and
flaking paint without damaging
historic materials.

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Feature Description Condition Recommendation(s) Photos
Doors and
windows
Original window
and replacement
windows consist of
wood sash and
trim. Doors consist
of wood and most
have multi-light
glazing. .

Good:
rehabilitation and
restoration of
original doors
and windows has
been completed
as approved.

Replacement
wood windows and doors have
been installed as
approved.

Maintain window and door
materials and hardware, as
necessary.

Ensure that windows and
doors are appropriately
weather stripped.

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SYSTEMS
Feature Description Condition Recommendation(s) Photos
Structural Subject property
includes to
buildings
connected by an
elevated hyphen
that have
interconnected,
wood structural
systems.

Good:

Seismic retrofit for all
structures was
completed as approved.

Engage a structural
engineer to evaluate
structural systems, as
necessary.

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Feature Description Condition Recommendation(s) Photos
Mechanical - HVACDwellings are
heated and
cooled by mini-
splits, and
condensers are
located on site
and on the roof.

Good:

Mini-split systems were
installed as approved.

Updated HVAC was
only installed in the 14
vacant units, and will be
updated in the
remaining 7 units upon
tenant turnover.

Engage a qualified HVAC
specialist to perform an
evaluation, as necessary.

Implement tenant turnover
plan to install updated
HVAC as units become
vacant.

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Feature Description Condition Recommendation(s) Photos
Electrical Electrical service
is delivered via
overhead wires
Good:

Electrical was updated
and replaced as
approved.

Engage a qualified
electrician specialist to
perform an evaluation, as
necessary.

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Feature Description Condition Recommendation(s) Photos
Plumbing Plumbing was
updated and
replaced
Good:

Replacement of all
galvanized and
damaged plumbing and
waste lines were
completed as approved.

Engage a plumbing
specialist to evaluate, as
needed.

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ONGOING WORK
SITE

FUTURE WORK
SITE
Retaining
wall
The concrete
retaining wall at
west property line
Poor:

Currently, work is
being completed
to seismically
retrofit a portion
of an existing
concrete retaining
wall at the west
lot line. A permit
was approved for
this work.

Continue to construct the
seismic retrofit of the retaining
wall per approved plans.

Feature Description Condition Recommendation(s) Photos
Hardscape Hardscape
includes
Poor to fair: Reconstruct flagstone garden
patio adjacent to ongoing

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Feature Description Condition Recommendation(s) Photos
concrete
walkways,
patios driveway,
and sidewalk
apron
throughout the
site, and the
asphalt portion
of the driveway.

The concrete
patio area in the
garden has been
demolished and
will be replaced
after the
retaining wall
seismic retrofit
has been
completed.

Asphalt driveway
appears to have
portions missing
adjacent to he
garden, surface
damage and
minor cracks.
retaining wall seismic retrofit
after permit approval.

Fill holes and gaps in asphalt,
resurface driveway.

Repair existing hardscape, as
necessary

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Packet Pg. 145 Attachment: 3014 4th Street application materials (6006 : Adoption of a Resolutions approving Historic 3014

FOURTHSTREET,SANTA MONICA,CALIFORNIA

ARCHITECTURAL REPORT
CHATTEL INC.|HISTORIC PRESERVATION CONSULTANTS 32
Feature Description Condition Recommendation(s) Photos
Landscape Landscape
areas adjacent
to the street and
in the garden at
the west portion
of the site.

Poor:

Currently, part of
the landscape
has been
demolished at
the west portion
of the property
as part of an
approved permit
for seismic
retrofit.

Reconstruct landscape within
the area adjacent to ongoing
retaining wall seismic retrofit
after permit approval.

Landscape improvements in
this area would include
vegetation and irrigation.

Maintain existing landscape
and irrigation regularly.

Tile walkways,
patios and stoops
Character-
defining tiles are
used as pavers
in two locations
at the property:
the entrance of
two units from
the sidewalk
and a small
stoop.

Fair:

Currently, the tile
demonstrates
cracks and
chips.

Engage a conservator
specialist to repair and
restore all walkway, patio and
stoop tiles. If necessary due
to poor material condition of
tile, source new tile that
matches historic tile and
install after permit approval.

5.G.a
Packet Pg. 146 Attachment: 3014 4th Street application materials (6006 : Adoption of a Resolutions approving Historic 3014

FOURTHSTREET,SANTA MONICA,CALIFORNIA

ARCHITECTURAL REPORT
CHATTEL INC.|HISTORIC PRESERVATION CONSULTANTS 33
Feature Description Condition Recommendation(s) Photos
Fountain A character-
defining
fountain was
located at the
west end of the
garden and
within five feet
of the retaining
wall at the west
lot line.

Poor:

Currently, the
fountain was
demolished with
a portion of it
salvaged and
protected onsite.

The salvaged
portion of the
fountain has
been protected
by plywood and
will remain
protected
throughout the
ongoing project.

Engage a conservator
specialist to remove the tiles
from the salvaged portion of
the fountain, repair and
restore all salvaged tiles,
source new tile that matches
historic tile, reinstall new and
restored tiles onto the
reconstructed fountain.

Engage a landscape architect
to design reconstruction the
fountain in concrete based on
sketches, salvaged material
and historic documentation.

Reconstruct the fountain and
install new and restored tiles
after permit approval. Ensure
that the fountain operates as
originally intended.

5.G.a
Packet Pg. 147 Attachment: 3014 4th Street application materials (6006 : Adoption of a Resolutions approving Historic 3014

FOURTHSTREET,SANTA MONICA,CALIFORNIA

ARCHITECTURAL REPORT
CHATTEL INC.|HISTORIC PRESERVATION CONSULTANTS 34
Feature Description Condition Recommendation(s) Photos
South Property
Line Retaining
wall
Retaining wall
on south
property line
Poor:

Concrete
retaining wall at
southern
elevation in poor
condition.

Engage engineer specialists
to evaluate retaining wall at
south lot line and design
structural retrofit.

Complete seismic retrofit after
permit approval.

5.G.a
Packet Pg. 148 Attachment: 3014 4th Street application materials (6006 : Adoption of a Resolutions approving Historic 3014

FOURTHSTREET,SANTA MONICA,CALIFORNIA

ARCHITECTURAL REPORT
CHATTEL INC.|HISTORIC PRESERVATION CONSULTANTS 35

EXTERIOR
Feature Description Condition Recommendation(s) Photos
Doors and
windows
Original window
windows consist of
wood sash and
trim. Doors consist
of wood and most
have multi-light
glazing. .

Fair:

A portion of
original windows
and doors
demonstrate
deterioration and
damage around
hardware and
sills.

Rehabilitate original wood
windows and doors, which
would include replacing
hardware.

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Packet Pg. 149 Attachment: 3014 4th Street application materials (6006 : Adoption of a Resolutions approving Historic 3014

FOURTHSTREET,SANTA MONICA,CALIFORNIA

ARCHITECTURAL REPORT
CHATTEL INC.|HISTORIC PRESERVATION CONSULTANTS 36
VII.CONCLUSION
This Architectural Report documents existing conditions of the multi-family residence at 3014 Fourth Street in Santa Monica, California. It provides demonstration of significant rehabilitation, description of ongoing work, and recommendations for future rehabilitation, restoration, and maintenance work in conformance with the Secretary’s Standards. More detailed information on prioritizing future work and associated costs are outlined in the Restoration/Rehabilitation and Maintenance Plans submitted as part of the Mills Act contract application.

5.G.a
Packet Pg. 150 Attachment: 3014 4th Street application materials (6006 : Adoption of a Resolutions approving Historic 1 City Council Meeting: October 24, 2023 Santa Monica, California RESOLUTION NUMBER ___ (CCS)
(City Council Series)

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A HISTORICAL

PROPERTY CONTRACT WITH THE OWNER OF THE PROPERTY LOCATED AT 3014 4th STREET, SANTA MONICA IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 50280 AND
SANTA MONICA MUNICIPAL CODE SECTION 9.56.270(F)
WHEREAS, California Government Code Sections 50280 et seq. authorize a city to enter into a historical property contract with the owner of any qualified historical property to restrict the use of such property so that it retains its historically significant characteristics in return for which the property owner obtains property tax relief; and WHEREAS, Santa Monica Municipal Code Section 9.56.270(F) provides that designated Structures of Merit, Landmarks, and contributing structures located in Historic Districts that are privately owned and not exempt from taxation shall be considered qualified historical properties eligible to enter into historical property contracts with the City; and
WHEREAS, Section 9.56.270(F) further provides that the City Council shall, by resolution, approve a historical property contract with the owner of a qualified historical property, provided that the property meets all requirements set forth in Section

9.56.270(F); and
WHEREAS, the property located at 3014 4TH Street is a designated Landmark and the owner of the property has filed an application to enter into a historical property contract with the City; and

5.G.b
Packet Pg. 151 Attachment: Resolution Mills Act Contract 3014 4th Street [Revision 2] (6006 : Adoption of a Resolutions approving Historic Property 2 WHEREAS, the City Council has determined that it is appropriate for the City to enter into a historical property contract with the owner of the property located at 3014 4th Street

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

SECTION 1. The City Council hereby finds that, in accordance with Santa Monica Municipal Code Section 9.56.270(F):

A. The property located at 3014 4th Street has no confirmed and outstanding violations of the Santa Monica Municipal Code, or any other applicable Federal, State or local law, rule or regulation.

B. The property located at 3014 4th Street is not subject to a tax delinquency.

C. All completed or ongoing alterations, construction or rehabilitation to designated buildings or structures located on the property located at 3014 4th Street conform to the Secretary of Interior’s Standards for the treatment of Historic Properties.

SECTION 2. Pursuant to Santa Monica Municipal Code Section 9.56.270(F), the City Council authorizes the City Manager to enter into a historical property contract with the owner of the property located at 3014 4th Street, Santa Monica, California in accordance with Government Code Sections 50280 et seq.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

5.G.b
Packet Pg. 152 Attachment: Resolution Mills Act Contract 3014 4th Street [Revision 2] (6006 : Adoption of a Resolutions approving Historic Property 3 APPROVED AS TO FORM:
______________________________
Douglas Sloan
City Attorney

5.G.b
Packet Pg. 153 Attachment: Resolution Mills Act Contract 3014 4th Street [Revision 2] (6006 : Adoption of a Resolutions approving Historic Property 2023 -- SUMMARY OF ESTIMATE FINANCIAL ANALYSIS FOR MILLS ACT CONTRACTS** Property Address Est. Assessed
Value (MILLS
ACT)
Current Tax
(Prop. 13)
Est. Tax
(MILLS ACT)
Est. Reduction in
Property Tax
City Revenue
(Prop. 13)
City Revenue
(MILLS ACT)
City Revenue
Reduction
Est. Reduction
in Property Tax
as a %
3014 4th Street $3,003,152 $61,115 $31,087 $30,028 $9,778.4 $4,973.9 ($4,804) 49% ** estimate $4,973.9

5.G.c
Packet Pg. 154 Attachment: 2023 Mills Act Financial Analysis [Revision 1] (6006 : Adoption of a Resolutions approving

OAKS INITIATIVE DISCLOSURE FORM
** Required for all Applications **
Pursuant to City Charter Article XXII, The Taxpayer Protection Amendment of 2000, the applicant is required to disclose all of its trustees, directors, partners, officers, and those with more than a ten percent (10%) equity, participation or revenue interest in Applicant / Contractor.

Identify the names of the following individuals
Applicant / Contractor:

Trustees, directors, partners, officers of the Applicant / Contractor (attach additional sheets if necessary):

Those with more than a 10% equity, participation or revenue interest in Applicant / Contractor (attach additional sheets if necessary):

5.G.d
Packet Pg. 155 Attachment: 3014 4th_oaks initiative form (6006 : Adoption of a Resolutions approving Historic Property Preservation Agreements (Mills Act City Council
October 24, 2023
Mills Act Contract

5.G.e
Packet Pg. 156 Attachment: PowerPoint Presentation (6006 : Adoption of a Resolutions approving 2023 Mills Act Contract • Mills Act is one of the most important incentives for historic preservation
• Qualified properties receive a tax reduction with
required maintenance and rehabilitation to
ensure the continued life of the historic structure
• Currently City has 100 Mills Act Contracts • One contract proposed this year

5.G.e
Packet Pg. 157 Attachment: PowerPoint Presentation (6006 : Adoption of a Resolutions approving 3014 4th Street
MILLS ACT APPLICATION 23ENT-0093
• Built in 1922 • Designated a Landmark 2022 • Rehabilitation on going, maintenance going forward
• $2,989,636 over 10 years

5.G.e
Packet Pg. 158 Attachment: PowerPoint Presentation (6006 : Adoption of a Resolutions approving City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 5.H
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Award Purchase Order with Brenntag Pacific, Inc. to Furnish and Deliver Liquid Hydrofluorosilicic Acid
Recommended Action
Staff recommends that the City Council:

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

2. Award Bid #4464 to Brenntag Pacific, Inc. for the purchase of liquid hydrofluorosilicic acid for the Public Works Department.

Summary
The City of Santa Monica’s Water Resources Division operates a multi-barrier treatment process at Arcadia Water Treatment Plant (Arcadia WTP) to provide high-quality, safe, and reliable drinking water for the City’s 93,000+ residents and over 2,700 commercial customers. As part of the multi-barrier treatment process, the Arcadia WTP adds fluoride to the final treated water in compliance with California law. Staff recommends issuing a purchase order with Brenntag Pacific, Inc. in an amount not to exceed $350,000 over a five-year period for the purchase of liquid hydrofluorosilicic acid for the Arcadia WTP.

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Discussion
The Arcadia WTP was upgraded in 2010 as part of the Charnock Well Field Restoration Project that restored local groundwater supplies. The multi-barrier treatment process at the Arcadia WTP produces high-quality, safe, and reliable drinking water for the city and consists of green sand filtration, cartridge filtration, reverse osmosis, decarbonation towers (air stripping), chlorine disinfection, and fluoridation. Fluoridation of the city’s drinking water supply to maintain optimal fluoride levels is required by the California State Water Resources Control Board, Division of Drinking Water, to improve oral health and reduce dental cavities.

The Arcadia Water Treatment Plant Expansion Project, which will increase overall water treatment plant capacity, efficiency, and safety, is replacing the existing fluoride saturator system with a more reliable liquid hydrofluorosilicic acid system (purchased as 23% solution of H2SiF6) to maintain the City’s standard of high-quality, safe drinking water. This compound is widely used at drinking water treatment facilities throughout the United States.

Vendor Selection
Bidder Recommendation
Best Bidder Brenntag Pacific, Inc.

Evaluation Criteria Price; the ability of the bidder to provide the specified standard require; and the ability of the bidder to provide the desired quantity required.

Municipal Code SMMC 2.24.180
Bid Data
Date Posted On Advertise In Vendors Date Publicly
Submittals Received
Brenntag Pacific, Inc $3.34/Gallon
Hazma LLC $3.83/Gallon

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Posted (City Charter & SMMC) Downloaded Opened
08/18/2023 City's Online
Bidding Site
Santa Monica Daily Press 9 9/14/2023
Best Bidder Justification
Brenntag Pacific, Inc. was selected as the best bidder based on price per gallon.

Environmental Review
The purchase and use of this compound at the City’s Arcadia WTP is categorically exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines. Section 15301 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. The purchase order would continue the practice of fluoridation as part of the operations at the existing Arcadia WTP. The agreement would not expand or materially change existing facilities or operations.

Therefore, the award agreement is categorically exempt pursuant to Section 15301 of the CEQA Guidelines.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Water Fund to award a purchase order to Brenntag Pacific, Inc. for the purchase of liquid hydrofluorosilicic acid for the Arcadia WTP.

Purchase Order Request
FY 2023-24
Request Amount Department Account # Future Years Amount Total Contract
Amount
$50,000 50500003.525081 $300,000 $350,000
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 - Brenntag Pacific, Inc.

5.H
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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:

Brenntag Pacific, Inc.

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

Bill Fjelstad, Interim President; Bill Huttner, VP Supply Chain Name(s) of persons with more than a 10% equity, participation, or revenueinterest:

Prepared by: Laura Tua/Pacific/Brenntag Title: Municipal Bid Manager Signature: Date: September 12, 2023
Email: [email protected] Phone: 562 903-9626
FOR CITY USE ONLY:

Bid/PO/Contract # Permit #
None

5.H.a
Packet Pg. 163 Attachment: Oaks Initiative Form - Brenntag Pacific, Inc. (6013 : Award PO to Brenntag Pacific, Inc. for Liquid Hydrofluorosilicic Acid) City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 5.I
1 of 5
To: Mayor and City Council
From: Wolfgang Knabe, Interim Fire Chief, Fire Department Subject: Approval of Urban Area Security Initiative 2020 Additional Grant Acceptance and Approve Third Contract Modification with Advanced Problem Solving Recommended Action
Staff recommends that the City Council:

2. Authorize the City Manager to execute all necessary documents to accept the grant, grant modifications, and all associated grant renewals.

4. Adopt a finding of categorical exemption pursuant to Section 15322 of the California Environmental Quality Act (CEQA) Guidelines.

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

Summary
The Fire Department receives various grants annually for the purpose of enhancing regional preparedness for disasters, emergencies, and other threats to homeland security. The City of Santa Monica was awarded an additional $62,000 that requires City Council approval in order to accept the funds. The funding will be used for

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development and delivery of county wide nuclear threat courses as provided under contract #10967. To add this new scope to the contract, a third modification is required.

In the UASI 2021 grant cycle, the Fire Department was awarded funding totaling $1,177,692 to be used for Chemical, Biological, Radiological, Nuclear and Explosives (“CBRNE”) equipment, hazardous materials training and equipment, urban search and rescue training and equipment, tactical emergency medical support equipment, and other related equipment, display training props, and programs for the training center and on behalf of the RTG.

Upon accepting the recently awarded, additional $62,000 from UASI 2021 grant funds, Santa Monica Fire’s total grant award for UASI 2021 is $1,439,692.

Staff recommends that the City Council authorize acceptance of additional 2021 UASI grant funds and the execution of a subrecipient agreement modification with the City of Los Angeles for a performance period of September 1, 2020, to May 31, 2023. The City of Los Angeles administers the UASI grant on behalf of the Los Angeles-Long Beach Urban Area, which includes Santa Monica. Staff also recommends that Council authorize the City Manager to negotiate and execute a third modification to the City’s existing agreement with APS in an amount not to exceed $62,000 and on the same terms and conditions. This modification will result in an amended agreement with a new total contract amount that does not exceed $4,932,000 over a five-year period.

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Discussion
The UASI program directly supports the national priority of expanding regional collaboration within the National Preparedness Goal, which sets forth what is required for a local community to be prepared for all types of disasters and emergencies. The UASI grant is intended to assist participating jurisdictions in developing integrated regional systems for prevention, protection, response, and recovery from natural or human-made disasters. These funds cannot be used for general purposes and must be specified at the time of application. Homeland security purchases must be preapproved by the state and align with grant guidelines.

Santa Monica Fire has accepted a request by Los Angeles Area Fire Chiefs’ Association Regional Training Group (“RTG”) to coordinate and host the grant funding for the “Vista Forge” project which involves the development and delivery of county-wide Nuclear Threat Risk courses. These UASI 2021 grant funds in the amount of $200,000 were allocated to Santa Monica Fire on May 25, 2023. The RTG will be responsible for direct administration of the grant with SMFD oversight. Santa Monica Fire will host these funds on behalf of the region and the Vista Forge training delivery will be completed by Advanced Problem Solving (“APS”) under City contract no. 10967.

The UASI grant program is 100% federally funded from the Department of Homeland Security and managed through the State of California's Office of Emergency Services.

There are no ongoing costs related to the Fire Department’s grant funding.

Vista Forge is a United States Northern Command facilitated series of CBRNE progressive engagements designed to strengthen relationships with civil authorities, improve CBRNE response operations, and build local resilience within the response community.

The goals of the Vista Forge exercises are to develop partnerships with civil authorities, enable and integrate DoD response operations across the whole of government, build domestic resilience capabilities as a vital component of integrated deterrence, and collect a broad range of realistic data to assess and evaluate the adequacy of CBRNE response enterprise lifesaving (search & rescue, mass casualty decontamination,

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medical stabilization) capabilities.

The Los Angeles/Long Beach UASI Vista Forge (LA/LB Vista Forge) Exercise will allow local jurisdictions to analyze their preparedness and interoperability with federal, military, state, and local agencies, and responders, receive targeted training from subject-matter-experts, and participate in Table-Top Exercises focused on key preparedness and operational topics during the first 72-hours following a nuclear detonation.

Environmental Review
The use of grant funds to fund emergency preparedness training is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15322 (Class 22 Educational or Training Programs) of the CEQA Guidelines. Section 15322 exempts projects that consists of the adoption, alteration, or termination of educational or training programs which involve no physical alteration in the area affected or which involve physical changes only in the interior of existing school or training structures. Grant funds would support the administration of programs to ensure regional preparedness and therefore is exempt pursuant to Section 15322 of the CEQA Guidelines.

Past Council Actions
Meeting Date Description
5/23/2023
Attachment A
Authorization to accept the 2021 Urban Area Security Initiative (UASI) Grant Funds for Homeland Security Projects and enter into a Subrecipient agreement with the City of Los Angeles
Financial Impacts and Budget Actions
Staff seeks authority to accept a grant totaling $62,000 from the U.S. Department of Homeland Security, Federal Emergency Management Agency for the 2021 UASI program to fund training in direct support of overall regional goals to promote effective information gathering, sharing, and response to threats and/or acts of terrorism.

FY 2023-24 Grant Budget Changes

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Establish Revenue Budget Appropriate Funds
Account Number Amount Account Number Amount
20190001.40428F $62,000 20190001.55518F $62,000
Staff also seeks authority to approve funding from the Miscellaneous Grants Fund to increase the amount of contract # 10967 with Advanced Problem Solving, LLC by $62,000.

Contract Modification Request
Agreement #
Current
Authorized
Amount
Modified
Request
Amount
Account Number Total Amount
10967 $3,000,000 - 20190001.55518F $3,000,000
10967 Mod 1 $1,020,000 - 20190001.556530 $1,020,000
10967 Mod 2 $200,000 - 20190001.55518F $200,000
10967 Mod 2 $650,000 - 20190001.55518G $650,000
10967 Mod 3 $62,000 20190001.55518F $62,000
Total Revised Contract Amount $4,932,000
Prepared By: Terese Toomey, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. 03 UASI 2022 Staff Report 5.23.23 Item 5.K
B. APS Oaks exp 10.4.24
C. CSA 10967 Original Agreement
D. CSA APS through 12.5.23 Renewal

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City Council
Report
City Council Meeting: May 23, 2023
Agenda Item: 5.K
1 of 7
To: Mayor and City Council
From: Danny Alvarez, Fire Chief, Fire Department
Joseph Cevetello, Chief Information Officer, Information Services Department Subject: Approval of Urban Area Security Initiative 2021 and 2022 Grant Acceptance Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to accept two grants with a total awarded amount of $2,120,000 from the 2021 and 2022 Urban Area Security Initiative (UASI) for homeland security projects in the Fire and Information Services Departments, and to accept all associated grant renewals.

2. Authorize the City Manager to execute all necessary documents to accept the grant, grant modifications, and all associated grant renewals.

3. Authorize the City Manager to negotiate and execute a second modification to Contractual Services Agreement #10967 with Advanced Problem Solving, LLC, (APS) a California-based company, in an amount not to exceed $850,000 and on the same terms and conditions. This will result in a five-year amended agreement with a new total contract amount not to exceed $4,870,000 over a five-year period.

4. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines and a finding of no possibility of significant effect on the environment pursuant to Section 15061(b)(3) (Common Sense Exemption) CEQA Guidelines.

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

Summary
Each year, the Federal government allocates grant funding to enhance regional preparedness for disasters, emergencies, and other threats to homeland security. The Los Angeles Mayor’s office awarded an additional $150,000 from UASI 2021 grant funds for the region to assist in a national emergency management exercise. Santa

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Monica Fire will host these funds on behalf of the region and the training modules will be completed by Advanced Problem Solving (APS).

In the UASI 2022 grant cycle, $1,970,000 was awarded to the City of Santa Monica Fire Department and the Information Services Department as a part of the U.S. Department of Homeland Security, Federal Emergency Management Agency's Urban Area Security Initiative grant:
• The Fire Department was awarded funding in the amount of $200,000 to be used for Hazardous Materials (HazMat) Training and Equipment, Urban Search and Rescue (USAR) Training and Equipment, and consumables for the Training Center.
• Santa Monica Fire will allocate $650,000 on behalf of the Los Angeles Area Fire Chiefs’ Association Regional Training Group (LAAFCA RTG) for training programs.
• The grant will use $750,000 to provide a secure cloud-based mapping portal for the operational area to be used for all hazard operational situational awareness, incident management, pre-planning, and reporting/analytics. The project mitigates threats to communications continuity and supports resiliency by allowing the region to purchase software that allows agencies to share data through the system as a redundant solution in case of a cyber-attack. • The Information Services Department was awarded funding totaling $370,000 to select consultants who will work with regional partners to identify current software platforms and road map implementation plan to ensure new software will meet the needs of the cybersecurity priority.

Staff recommends that Council authorize acceptance of the 2022 UASI grant funds and execution of a subrecipient agreement with the City of Los Angeles for a performance period of September 1, 2022, to May 31, 2025. The City of Los Angeles administers the UASI grant on behalf of the Los Angeles-Long Beach Urban Area, which includes Santa Monica.

Discussion

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Packet Pg. 170 Attachment: 03 UASI 2022 Staff Report 5.23.23 Item 5.K (6030 : Third Contract Modification With Advanced Problem Solving) 3 of 7
The UASI program’s focus is on enhancing regional preparedness and capabilities in major metropolitan areas. The Santa Monica Fire Department requested funds to send staff to trainings that support its core public safety missions as well as regional homeland security goals. The following are the four major regional homeland security focus areas of the UASI grant program, known as Investment Justifications:

1. Strengthen interoperable and communications capabilities;

2. Strengthen information sharing, collaboration capabilities, and law enforcement investigations;

3. Protection of critical infrastructure and key resources; and

4. Catastrophic incident planning response and recovery.

The Fire Department proposes to use $175,000 in grant funds to send members to training to support the City’s Type I Urban Search and Rescue and specialized Hazardous Materials CBRNE training. Funding in the amount of $650,000 would be used to host the LAAFCA’s RTG training delivery model, which creates and disseminates regional training. There are no direct staffing costs associated with the LAAFCA RTG funds. Santa Monica Fire and all other fire agencies in Los Angeles County have access to the training delivery modules and learning content provided under the grant funding. The remaining $25,000 funding would be used to support equipment purchases and consumables for the Fire Department’s Training Center.

There are no additional ongoing costs associated with Fire’s grant funding and any equipment will be replaced with ongoing grant funding at the end of the equipment’s useful life.

The Fire Department was also able to secure $370,000 from this year’s grant for use by the Information Services Department (ISD) to fund the City’s ongoing cybersecurity program. This funding will assist the information security team with applying enhancement measures to strengthen identity management, safeguard City data stored with cloud-based vendors and provide greater cybersecurity risk prioritization to aid in cyberattack prevention. The purchase of the requested measures will require an equipment and software subscription renewal in subsequent years, beginning in Fiscal Year 2023-24. Staff has secured UASI 2022 funds to cover the subscription costs in FY

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2023-24. While ongoing funding for these tools has not been secured, staff believes the City will benefit from the enhanced cyber security tools for at least two years. Staff will pursue additional grant funding opportunities for future funding. If future grant funds are not available for the ongoing subscription expenses thereafter, staff will discontinue its use of these tools. Procurement for projects funded by the UASI grant will follow Santa Monica’s policies regarding competitive procurement processes.

The UASI program directly supports the national priority of expanding regional collaboration within the National Preparedness Goal, which defines what it means for the whole community to be prepared for all types of disasters and emergencies. The UASI grant is intended to assist participating jurisdictions in developing integrated regional systems for prevention, protection, response, and recovery from natural or human-made disasters. These funds cannot be used for general purposes and must be specified at the time of application. Homeland security purchases must be preapproved by the state and align with grant guidelines.

The UASI grant program is 100% federally funded from the Department of Homeland Security and managed through the State of California's Office of Emergency Services.

The City of Santa Monica has received over $20 million in homeland security grant funding since 2003. These funds have been used to purchase necessary interoperable communication and infrastructure equipment, supplies, and training in direct support of overall regional goals to promote effective information gathering, sharing, and response to threats and/or acts of terrorism.

There are no ongoing costs related to the Fire Department’s grant funding. Future grant funding will be requested to fund any equipment replacement at the end of its useful life.

Information Services Department’s staff plans to utilize future UASI funds to support the on-going operational costs for the cybersecurity solutions. If future grant funds are not allocated to the City to cover the costs of the subscription renewals, staff will discontinue its use of these tools.

Environmental Review

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Packet Pg. 172 Attachment: 03 UASI 2022 Staff Report 5.23.23 Item 5.K (6030 : Third Contract Modification With Advanced Problem Solving) 5 of 7
The use of grant funds to fund emergency preparedness equipment is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301 (Class 1 Existing Facilities) of the CEQA Guidelines. Section 15301 exempts projects that consists of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. Grant funding will be used to replace equipment at the end of the equipment’s useful life as previously stated. Furthermore, the use of grant funds for cybersecurity, programs, equipment, supplies, and training would have no possibility of significant effect on the environment, and therefore, is also exempt pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines. Grant funds would support the administration of programs to ensure regional preparedness and would not result in physical effects on the environment.

Past Council Actions
Meeting Date Description
5/10/2022
(Attachment A)
Authorization to accept the 2021 Urban Area Security Initiative (UASI) Grant Funds for Homeland Security Projects and enter into a Subrecipient agreement with the City of Los Angeles
10/13/2020
(Attachment B)
Acceptance of 2019 Measure B Grant and increase to the Agreement with Advanced Problem Solving, LLC for the Los Angeles Area Fire Chiefs Regional Training Group (LAAFCA RTG) Training Delivery Model 11/12/2019
(Attachment C)
Award of agreement with Advanced Problem Solving for video and curriculum development services for the Los Angeles Area Fire Chiefs Regional Training Group
Attachment D Original Contractual Agreement
Attachment E Modification 1
Attachment F Renewal 1
Financial Impacts and Budget Actions
Staff seeks authority to accept a grant totaling $1,970,000 from the U.S. Department of Homeland Security, Federal Emergency Management Agency for the 2022 UASI program to fund training and equipment in direct support of overall regional goals to promote effective information gathering, sharing, and response to threats and/or acts of terrorism.

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Packet Pg. 173 Attachment: 03 UASI 2022 Staff Report 5.23.23 Item 5.K (6030 : Third Contract Modification With Advanced Problem Solving) 6 of 7
Staff also seeks authority to accept a grant totaling $150,000 from the U.S. Department of Homeland Security, Federal Emergency Management Agency for the 2021 UASI program. This is in addition to the $1,177,692 previously awarded from the 2021 UASI program.

FY 2022-23 Grant Budget Changes
Establish Revenue
Budget
Amount Appropriate Funds Amount
20190001.40428F $150,000 20190001.55518F $150,000
20140001.40428G $370,000 20140001.55518G $370,000
20190001.40428G $1,600,000 20190001.55518G $1,600,000
Contract Modification Request
Agreement #
Current
Authorized
Amount
Modified
Request
Amount
Account Number Total Amount
10967 $850,000 - 20190001.55518F $3,000,000
10967 Mod 1 $1,020,000 - 20190001.556530 $4,020,000
10967 Mod 2 - $200,000 20190001.55518F $200,000
10967 Mod 2 - $650,000 20190001.55518G $650,000
Total Revised Contract Amount $4,870,000
Prepared By: Deanna Kendall, Administrative Analyst
Approved Forwarded to Council
Attachments:

A. Staff Report May 10, 2022 - UASI 2021
B. Staff Report October 13, 2020 - APS Mod #1
C. Staff Report November 12, 2019 - APS Award
D. CSA 10967 expires 12-05-22
E. CSA First Modification with APS 10967
F. CSA APS through 12.5.23 Renewal

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Packet Pg. 174 Attachment: 03 UASI 2022 Staff Report 5.23.23 Item 5.K (6030 : Third Contract Modification With Advanced Problem Solving) 7 of
7 G. 07 APS Oaks

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Packet Pg. 175 Attachment: 03 UASI 2022 Staff Report 5.23.23 Item 5.K (6030 : Third Contract Modification With Advanced Problem Solving) •

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. Sate of mat~iol, equ1pment or supplies to the C1ty 1n exc-ess of $25,000 ov~ -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, speckll use permit, or other exception to on established land use plan, where the decision has a value in excess of $25,000;

6. i ax "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:

AA\J°""-(l_e).._ ~vo!:il~ So\ 'v "'j LL(_
Name"-..s) of trustees, directors, partners, and officers:
~ ~ \J \~ Uv?t-:)s
Namirf p~
1 ~ ~~O~ equity, participation, or revenue interest:
~\J\~ ~ s
Prep~!b~ •~ ~ S . le: -----'p__,_V'_vh! _ C., =....f jtt-=-~-~ ( __ _ Signature:_-7-~~LL...::.=-==---=::::...........~=-------Date: ( 0 f L:t f d- 3 t I Email: si<f ki...t..-@oJ,~o\11i ~ ".f hone:
6 frf[ -J --1 / - ( ~ S-3
FOR CITY USE ONLY:

Bid/PO/Contract# ________ _ Permit# ________ _

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Packet Pg. 176 Attachment: APS Oaks exp 10.4.24 [Revision 1] (6030 : Third Contract Modification With Advanced Problem Solving) Contract No. 10967 (CCS)

CONTRACTUAL SERVICES AGREEMENT
This Contractual Services Agreement (“Contract”), entered into as of _________________(“Execution Date”), by and between the CITY OF SANTA MONICA, a municipal corporation (“City”), and Advanced Problem Solving LLC (“APS” or “Consultant”), is made with reference to the following:

RECITALS:

A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution of the State of California and the Charter of the City.

B. APS is qualified to do business, and is doing business, in the State of California. APS represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Contract.

C. The City and APS desire to enter into an agreement for the APS to provide contractual services to the City as set forth herein, upon the terms and conditions set forth below.

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

TERMS AND CONDITIONS

1. Term. This Agreement shall commence on the Execution Date and have an initial term of three (3) years. The City, at its option, may extend the term of this Agreement for two (2) additional one-year periods (“Option Years”) which, if exercised, shall run consecutively. The City shall give APS no less than thirty (30) days written notice of its intent to exercise its option to extend the term of this Agreement. This Agreement shall terminate upon the expiration of its term unless sooner terminated in accordance with Section 14. The term of this Agreement, including all Option Years, may not exceed five (5) years, and in no case shall last past June 30, 2024, upon which time the Agreement shall automatically terminate.

2. Consultant Services. APS will perform all of the services (“Services”) described in Exhibit A, Scope of Services. APS will complete the Services in accordance with Exhibit B, Budget. In addition to its obligation to perform all of the Services under this Agreement, APS shall comply with mandated Federal grant reporting guidelines that include:

2.1 Invoicing - The work performed by APS must be listed on the invoices submitted to the City and needs to specifically describe and directly correspond with the project work performed by APS. Invoicing shall provide as much itemized detail of the work performed as possible.

DocuSign Envelope ID: 467C42ED-FC89-4004-B146-B5A0F60F5244 12/5/2019

5.I.c
Packet Pg. 177 Attachment: CSA 10967 Original Agreement (6030 : Third Contract Modification With Advanced Problem Solving) These include but are not limited to project start date(s), times, major milestones, work performed and project completion.

All invoicing documentation submitted to the City by APS shall conform to the following sample invoice:

Step name Associated documentation Invoicing
Kick-off
meeting
Minutes reflecting meeting date and participants,
identification of lead SME, identification of topic of
TDM, and projected final delivery (go-live) date.

Project outline
meeting
Minutes reflecting meeting date and participants plus
reference to draft project plan. Draft project plan
including name of lead SME, names of additional
(potential) SMEs, names of assigned APS personnel
(project manager, instructional designer, video producer, video director), topic of TDM and likely associated drill, and names of source materials identified by SMEs for
topic.

Project
development
meetings
Draft lesson outline, including the following elements:
draft drill plan, draft lesson summary, and draft media concepts. 25%
Validation
meeting
Minutes reflecting meeting date and participants plus
reference to proposed changes to draft lesson outline.

Post-validation
meeting
revisions
Revised (final, approved) lesson outline.
25%
Media preproduction Media outlines and/or scripts.

Media
production
List of media filming days including featured
crews/personnel for each filming day, or equivalent in
case of other media development.

Media postproduction
(editing)
Completed (final, approved) video files, animation files, or other media files as appropriate. 25%
DocuSign Envelope ID: 467C42ED-FC89-4004-B146-B5A0F60F5244

5.I.c
Packet Pg. 178 Attachment: CSA 10967 Original Agreement (6030 : Third Contract Modification With Advanced Problem Solving) Online lesson
pre-production Storyboards, lesson printout or equivalent.

Online lesson
production SCORM files 25%

2.2 Meetings – all meetings shall include agendas with the reason for the meeting, meeting minutes with attendees, meeting dates and times.

2.3 Files - Provide digital and hard copies of all final projects that include project planning notes, Training Delivery Model (TDM) outlines, video scripts, lesson plans, drill videos and Shareable Content Object Reference Model (SCORM) files.

2.4 All documentation provided by APS shall tie directly to an invoice.

2.5 In the event that federal grant documentation guidelines change, APS agrees to comply with any required documentation request made by the City.

3. City Services. The City agrees to:

3.1 Make available to APS any existing documents, data, or information reasonably necessary for the performance of the Services.

3.2 Designate a representative authorized to act on behalf of City.

3.3 Promptly examine and render findings on all documents submitted for staff review by APS.

4. Compensation. The City will compensate APS for the Services performed in an amount not to exceed $1,800,000 for the term of this agreement in accordance with Budget attached as Exhibit B.

The total amount of compensation for Services Rendered during Original Term and all the Extension Terms, if any, shall not exceed $3,000,000 as set forth in Exhibit B.

5. Invoices. Invoices sent to the City under this Agreement shall conform to the requirements of Section 2.1 of this Agreement. In addition, APS will invoice the City for the Services in accordance with Exhibit B and the City will pay undisputed invoices within 30 days of receipt.

6.1 All notices, demands, requests or approvals to the City:

Santa Monica Fire Department
City of Santa Monica
DocuSign Envelope ID: 467C42ED-FC89-4004-B146-B5A0F60F5244

5.I.c
Packet Pg. 179 Attachment: CSA 10967 Original Agreement (6030 : Third Contract Modification With Advanced Problem Solving) 333 Olympic Drive
Santa Monica, California 90401
Attention: Tom Clemo – Deputy Fire Chief
Re: Contract No. 10967 (CCS)
with a copy to:

Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 10967 (CCS)

6.2 All notices, demands, requests or approvals to APS:

ADVANCED PROBLEM SOLVING LLC
Sepulveda Center
3415 South Sepulveda Blvd, Suite 1100
Los Angeles, CA 90034
Attn: Dave Andrews
310-881-2746
Re: Contract No. 10967 (CCS)

7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. Neither the City nor its officers or employees will have any control over the conduct of APS or any of APS’s agents, employees, or subconsultants, except as otherwise provided in this Agreement.

9. Insurance. Prior to commencing work, APS must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by APS or its agents, representatives, employees or subconsultants for the duration of this Agreement. APS must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.

10. Defense and Indemnification.

DocuSign Envelope ID: 467C42ED-FC89-4004-B146-B5A0F60F5244

5.I.c
Packet Pg. 180 Attachment: CSA 10967 Original Agreement (6030 : Third Contract Modification With Advanced Problem Solving)

10.1 APS agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the act, errors, and/or omissions of APS or its employees, agents, officers, and subconsultants. APS’s responsibilities under this Section 10.1 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of APS, its employees, agents or officers, or subconsultants; provided, however, that APS’s duty to defend, indemnify, protect and hold harmless the City shall not include any Losses arising from the sole negligence or willful misconduct of the City. Notwithstanding ADVANCED PROBLEM SOLVING LLC’s obligation to defend the City hereunder, the City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from APS, if City chooses to do so.

10.2 Enforcement Costs. APS agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1.

11. Prohibition Against Transfers.

11.1 APS may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.

11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of APS or of any general partner or joint venturer or syndicate member of APS, if a partnership or joint venture or syndicate exists, which results in changing the control of APS, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.

12. Permits and Licenses. APS, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.

13. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.

14. Default and Termination.

14.1 If APS fails to perform, or refuses to perform, any of its obligations under this Agreement, and if such default is not cured—nor any efforts commenced by APS to reasonably cure— within a period of five (5) days after the City’s written notice of default specifying the nature DocuSign Envelope ID: 467C42ED-FC89-4004-B146-B5A0F60F5244

5.I.c
Packet Pg. 181 Attachment: CSA 10967 Original Agreement (6030 : Third Contract Modification With Advanced Problem Solving) of the default is sent to APS, the City may immediately terminate this Agreement upon written notice to APS.

14.2 Irrespective a default of this Agreement, the City has the option, at its sole discretion and without cause, of terminating this Agreement by giving APS ten days written notice. Upon termination of this Agreement, City will pay APS any compensation earned and unpaid up to the effective date of termination.

15. Compliance with Law. APS must comply with all laws of the State of California and the United States, and all ordinances, rules and regulations enacted or issued by City.

16. Discrimination. APS may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.

17. Nuisance. APS may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.

18. Records.

18.1 APS must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. APS must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.

18.2 APS must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. APS must clearly identify all records and make them readily accessible to the City. At the City’s request, APS must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.

18.3 APS must allow the City to have free access to APS’s books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit APS’s records, and APS agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by APS, APS agrees to pay the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.

19. Work Product; Reports.

19.1 Any work product prepared or caused to be prepared by APS or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by DocuSign Envelope ID: 467C42ED-FC89-4004-B146-B5A0F60F5244

5.I.c
Packet Pg. 182 Attachment: CSA 10967 Original Agreement (6030 : Third Contract Modification With Advanced Problem Solving) APS or any subconsultant pursuant to this Agreement may be made available to any individual or organization by APS without prior written approval by City.

19.2 At the City’s request, APS must furnish reports concerning the status of the Services.

20. Standard of Care. APS agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of APS’s profession currently practicing in the same locality under similar conditions.

21. Subconsultants.

21.1 If APS proposes to have any subconsultant perform any part of the Services, APS must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant’s services. The City, in its sole discretion, may grant or deny the request.

21.2 APS will be responsible for the quality of any subconsultant’s work. Every subcontract or agreement of any kind entered into between APS and any subconsultant (or between any subconsultant and others) must contain the following provision:

This agreement is consistent with all terms and conditions of the Agreement No. 10967 (CCS) entered into between the City of Santa Monica and APS on^^____________________.

22. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.

23. Venue and Jurisdiction. The City and APS agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.

DocuSign Envelope ID: 467C42ED-FC89-4004-B146-B5A0F60F5244 12/5/2019

5.I.c
Packet Pg. 183 Attachment: CSA 10967 Original Agreement (6030 : Third Contract Modification With Advanced Problem Solving)

25. Exhibits. The following exhibits are incorporated by reference into this Contract as though fully set forth herein.

Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
ABC Corporation
#VENDOR
By: ________________________________
DocuSign Envelope ID: 467C42ED-FC89-4004-B146-B5A0F60F5244 City Attorney
11/26/2019
Lane Dilg
11/27/2019
Sr. Director, Business Development
Advanced Problem Solving LLC (APS).

David Andrews
Rick Cole
12/5/2019
City Manager
12/5/2019
Denise Anderson-Warren
City Clerk

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Packet Pg. 184 Attachment: CSA 10967 Original Agreement (6030 : Third Contract Modification With Advanced Problem Solving) Exhibit A
Scope of Services
Personnel
APS shall make available the following personnel to provide to the City the Services required under this Agreement:

Contractor Project Manager: David Andrews
Lead instructional designer: Jay Bostwick
Video producer: Jessica Ristic
Video director: Eric Jackson
Content developer: Kerrie Dunn
Project Work Plan
The Scope of Work for this Agreement has four sections:

1. Training Content

2. Content Delivery

3. Project Support

4. General Requirements
Requirements for Training Content
APS shall produce six (6) online training lessons annually of approximately 30-60 minutes each on topics with Chemical, Biological, Radiological, Nuclear and Explosive (CBRNE) related content, and shall do so using an industry standard Learning Management System (“LMS”). APS shall also develop and make available the following:
 A high-quality, fast-paced introductory video showing 'what right looks like.'  A high-quality, fast-paced sample drill video showing a company from the Los Angeles Area performing the drill described in the drill plan accompanying the lesson.  A high-quality, fast-paced trailer video showing a condensed version of the 'what right looks like' video and the sample drill video.
 Videos shall incorporate high-quality graphics and motion graphics as appropriate.  Online lessons should be based on the “SCORM” (Sharable Content Object Reference Model) e-learning standard and should provide cognitive instruction on the subject matter.

DocuSign Envelope ID: 467C42ED-FC89-4004-B146-B5A0F60F5244

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Packet Pg. 185 Attachment: CSA 10967 Original Agreement (6030 : Third Contract Modification With Advanced Problem Solving)  Post-lesson tests should also be based on SCORM and should assess the learner's mastery of core concepts covered in the online lesson.
 A drill plan outlining Terminal Learning Objectives (“TLO”) and Enabling Learning Objectives (“ELO”) for a hands-on drill associated with the cognitive lesson content covered in the online lesson."
In addition, the City may require either or both of the following in conjunction with each training delivery:
 Job aids as directed by the Regional Training Group (“RTG”) for development by the Contractor.
 Links to additional pre-existing resources as identified by the RTG.

Furthermore, the first delivery of training content is shall be posted online within 4-6 months of the Execution Date, with subsequent deliveries of training content to be completed and posted at two-month intervals thereafter.

Online lessons shall be designed by professional instructional designers and developed in Articulate's Storyline 360. Storyline 360 should be also be based on the SCORM standard. Any lesson developed with this software should include the functionality of being capable of upload to any modern Learning Management System. Online lessons should generally last between 30 and 60 minutes. Online lessons may include the following topics:
 Active Shooter
 After Action Reviews
 Clandestine Labs
 Coordinated Response to Wildland Firefighting
 Interoperable Communications
 Managing a Hazardous Materials Incident
 MCI Communication
 MCI Triage
 Metro Rail Incident Response
 The Risk Management Process
 Standards of Command
 Synthetic Opioids
 Transitional Attack
 Wind-Driven Brush Fires
Online lessons should also include the following components when possible:

DocuSign Envelope ID: 467C42ED-FC89-4004-B146-B5A0F60F5244

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Packet Pg. 186 Attachment: CSA 10967 Original Agreement (6030 : Third Contract Modification With Advanced Problem Solving)  Scenario-based learning exercises, requiring users to apply general principles to real-world situations.
 Speed bump questions (sometimes called "knowledge checks"), including detailed feedback depending on the user's response.
 Illustrative extracts from the "what right looks like" video. These extracts illustrate key learning points and demonstrate appropriate actions.

Online lessons should use professional voiceover actors for audio content as well as high quality graphics and motion graphics for visual effects.

For each online lesson, APS shall provide the City with SCORM-based post-tests. The post-tests should incorporate the following features:
 10 questions randomly selected from test banks of 15-20 questions each.  Randomized sequence of responses to each of these questions.

APS shall integrate drill plans for into the lessons with ELOs and TLOs consistent with the guidelines provided by State Fire Training. APS shall also prepare drill plan guidance materials for organizing and conducting drills on assigned topics; and, when applicable, APS shall also provide job aids to accompany the lessons.

The format and substance of the training content requirements may be modified to reflect changing grant requirements and/or changing needs of the RTG. In such cases the Contractor will be required to provide an equivalent work effort to what is described in the Training Content and Content Delivery description of the original RFP
Content Delivery
APS the shall make the first delivery of training content to the City by posting it online within 4-6 months of the Execution Date. Subsequent deliveries of training content by APS shall be posted online every two months starting after the first delivery and until all training content required under this Agreement is completed by APS. APS shall make all reasonable efforts to ensure that the lessons created for the RTG will remain accessible to end users using the latest versions of popular internet web browsers.

APS shall provide an LMS for delivering training content to up to 10,000 end users (firefighters). APS shall also provide SCORM files containing the training content for those agencies electing not to use the LMS. The LMS developed by APS must have a user-friendly interface and should include the following features and functionality:
 APS’ LMS be device agnostic and be accessible from PC or Mac, tablet or smartphone.

DocuSign Envelope ID: 467C42ED-FC89-4004-B146-B5A0F60F5244

5.I.c
Packet Pg. 187 Attachment: CSA 10967 Original Agreement (6030 : Third Contract Modification With Advanced Problem Solving)  APS' LMS should be able to include additional agency-specific content on each lesson topic to the LMS with content accessible only to those agencies' personnel.  APS’ LMS must have the ability to restrict access for certain content based on the end users' level of authorized privileges (e.g., Administration). The LMS should allow for the agency to designate one or more agency representatives as administrators within the agency's portal.  APS’ LMS should allow for individual agencies to monitor the performance (access dates, completion rates, post-test scores) of their personnel. Instructors should have the ability to create live calendared training events and manage attendance at those events.  APS’ LMS should allow for performance reports to be available for review in real time as well as in the form of either weekly or monthly reports that can be generated and sent by email.

Agency supervisors should be able to mark lessons viewed by their personnel as complete or as partially complete.
 APS' LMS should allow end users, upon completion of each course, to print a customized certificate with the name of the course, the end user's own name and agency affiliation, the date of course completion, and a transcript that lists the history of all course enrollments and completions.
 APS’ LMS must allow for all lessons and lesson completion records to be accessible for one year from the date that the last lesson is launched on the LMS.  APS’ LMS should provide each agency with its own customizable portal that is accessible only to that agency’s personnel and is able to have agency content uploaded to it.

Project Support
In support of the Services provided to the City under this Agreement, APS shall provide the following:
 A lead instructional designer and instructional design team. These individuals will work with local Subject Matter Experts (SMEs) under the direction of the RTG Project Manager.

These local SMEs will be identified by the RTG from the 30 agencies in Los Angeles Area Fire Chiefs Association (“LAAFCA”) to assist the Lead Instructional Designer in the development of scripts for the videos and the online lesson as well as other associated materials.
 A video producer and video production team. These individuals will produce videos based on video scripts developed by the instructional design team and approved by the RTG. The video producer will work with the RTG Project Manager, or with other personnel assigned by the RTG Project Manager, to coordinate with the LAAFCA agency fire crews that wilt be featured in the videos.

DocuSign Envelope ID: 467C42ED-FC89-4004-B146-B5A0F60F5244

5.I.c
Packet Pg. 188 Attachment: CSA 10967 Original Agreement (6030 : Third Contract Modification With Advanced Problem Solving)  A course developer and course development team. These individuals will produce online courses based on lesson scripts or storyboards developed by the instructional design team and incorporating media created by the video production team as well as other team members.

The lessons will be developed in SCORM-based format using Articulate, Captivate, or a similar high-end program for creating online lesson content.  An LMS administrator and support team. These individuals will upload courses created under this contract to the Contractor's LMS and ensure that they remain accessible. They shall also provide SCORM-formatted versions of the courses and supporting materials for upload to existing LMS systems for those agencies electing not to use the Contractor's LMS.  A project manager as the representative for APS (“APS Project Manager”). This individual will work in collaboration with the RTG Project Manager to ensure that timelines and quality standards are maintained to the RTG's satisfaction.

In addition, the APS Project Manager, lead instructional designer, video producer, course developer and LMS administrator should each be experienced in their respective fields of expertise, with appropriate professional credentials and experience performing identified above or other tasks that are substantially similar for a minimum of 3 years.

General Requirements
APS shall also adhere to, comply with, and fulfill the following requirements of the Services to be provided under this Agreement:
 APS shall provide excellent customer service to the RTG as well as to the individual end users that use APS’ LMS.
 At the request of the City, APS shall surrender and turn over to the City any and all content, curriculum, videos, training materials, or products related to, or produced by APS in conjunction with, the Services required under this Agreement. Said content and materials shall be the property of the LAAFCA.
 If during the provision of the Services under this Agreement APS desires to hire additional and non-local SMEs to assist with the development of lesson content and associated materials, APS shall recruit and hire all non-local SMEs at APS’ own expense. The names and qualifications of all non-local SMEs must be submitted to the RTG Project Manager for review and approval prior to APS engaging the services of the non-local SME.  The format and substance of the training content required by this Exhibit A – Scope of Services may be modified to reflect changing grant requirements and/or changing needs of the RTG. In such event APS shall provide an equivalent work product to what is described in this Scope of Services.

DocuSign Envelope ID: 467C42ED-FC89-4004-B146-B5A0F60F5244

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Packet Pg. 189 Attachment: CSA 10967 Original Agreement (6030 : Third Contract Modification With Advanced Problem Solving) DocuSign Envelope ID: 467C42ED-FC89-4004-B146-B5A0F60F5244

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Packet Pg. 190 Attachment: CSA 10967 Original Agreement (6030 : Third Contract Modification With Advanced Problem Solving) Exhibit B
Budget
COST PROPOSAL FOR RFP 210
A. Annual cost of providing an LMS for up to 10,000 end users: $72,000 This cost includes the following (per the Scope of Work):
 Providing an LMS for delivering the training content to up to 10,000 end users (firefighters) from those LAAFCA agencies electing to use the Contractor’s LMS.  Providing SCORM files containing the training content for those agencies electing not to use the Contractor’s LMS.

B. Cost per lesson as described in the Scope of Work: $88,000 C. Total annual fee: A + (B x 6) = $600,000
This per-lesson cost is for each of six (6) online training lessons annually of approximately 30-60 minutes each on topics with CBRNE-related content for delivery via an LMS.

This per-lesson cost will apply regardless of whether the format and/or substance of the training requirements remain as outlined in Exhibit A or are modified to reflect changing grant requirements and/or changing needs of the RTG, and provided that any such changes are limited to an equivalent work product as described in Exhibit A.

The City will compensate Advanced Problem Solving LLC for the Services performed in an amount not to exceed $1,800,000 for the term of this agreement in accordance with Budget attached as Exhibit B. The total amount of compensation for Services Rendered during Original Term and all the Extension Terms, if any, shall not exceed $3,000,000 as set forth in Exhibit B.

DocuSign Envelope ID: 467C42ED-FC89-4004-B146-B5A0F60F5244

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Packet Pg. 191 Attachment: CSA 10967 Original Agreement (6030 : Third Contract Modification With Advanced Problem Solving) Exhibit C
Insurance Requirements
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.

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

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

If the Consultant maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to any broader coverage and higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

Other Insurance Provisions

1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of a combination of (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and (2) CG 20 37).

DocuSign Envelope ID: 467C42ED-FC89-4004-B146-B5A0F60F5244

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Packet Pg. 192 Attachment: CSA 10967 Original Agreement (6030 : Third Contract Modification With Advanced Problem Solving) b. Primary Coverage: For any claims related to this Agreement, the Consultant’s insurance shall be primary coverage at least as broad as Insurance Services Offices Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica. d. Waiver of Subrogation: Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Consultant to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the selfinsured retention may be satisfied by either the named insured or City of Santa Monica.

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

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

Verification of Coverage
Consultant shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.

Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its DocuSign Envelope ID: 467C42ED-FC89-4004-B146-B5A0F60F5244

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Packet Pg. 193 Attachment: CSA 10967 Original Agreement (6030 : Third Contract Modification With Advanced Problem Solving) sole option, may terminate this Agreement and obtain damages from the Consultant resulting from said breach.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.

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

DocuSign Envelope ID: 467C42ED-FC89-4004-B146-B5A0F60F5244

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Packet Pg. 194 Attachment: CSA 10967 Original Agreement (6030 : Third Contract Modification With Advanced Problem Solving) 1685 Main Street, Suite 209, Santa Monica,
CA 90401 • [email protected]
www.santamonica.gov • @cityofsantamonica • @santamonicacity Date: #CMDate
David M. Andrews
Advanced Problem Solving LLC
411 University Circle
Claremont, CA 91711
Re: Contract No. 10967 Renewal Option Contractual Services Dear Mr. Andrews:

Please accept this letter as the City’s notification of its intent to extend the term of the above-referenced Contractual Services Agreement (the “CSA”) for a period of one (1) year. As noted in Section 1 of the Terms and Conditions of the CSA dated December 5, 2019,the City may extend the term for up to two (2) additional one (1)- year terms. This renewal will extend the term of the CSA commencing on December 6, 2022, and terminating on December 5, 2023. All other terms and conditions of the CSA shall remain the same and in full force and effect.

If you have any questions, please contact Terese Toomey, Project Manager at (310) 434-2621 or [email protected].

Sincerely,
#CM
Enclosure
cc: Terese Toomey, Project Manager
Oscar Santiago, Budget Manager
[email protected] #
DocuSign Envelope ID: A646EA03-74A8-4992-A8CF-E06AD17F468B 11/29/2022
City Manager David White

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Packet Pg. 195 Attachment: CSA APS through 12.5.23 Renewal (6030 : Third Contract Modification With Advanced Problem Solving) 1685 Main Street, Suite 209, Santa Monica,
CA 90401 • [email protected]
www.santamonica.gov • @cityofsantamonica • @santamonicacity VENDOR

ACKNOWLEDGEMENT OF CONSENT AND AGREEMENT
I, David M. Andrews, designated representative of Advanced Problem Solving LLC, a California based education technology firm, hereby consent and agree to the extension of the term of Contract No. 10967, commencing on December 6,2022 and terminating on December 5, 2023,as set forth in the renewal letter issued by the City of Santa Monica, dated __________.

DocuSign Envelope ID: A646EA03-74A8-4992-A8CF-E06AD17F468B 11/29/2022

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Packet Pg. 196 Attachment: CSA APS through 12.5.23 Renewal (6030 : Third Contract Modification With Advanced Problem Solving) City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 5.J
1 of 3
To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department, Revenue Subject: Adoption of a Resolution Updating the List of Persons Authorized to Conduct Transactions With the State Local Agency Investment Fund (LAIF) Recommended Action
Staff recommends that the City Council:

1. Adopt the attached resolution updating the positions/persons authorized to conduct transactions with the State Local Agency Investment Fund (LAIF) on behalf of the City; and

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

Summary
The Santa Monica City Charter designates the Director of Finance (as the City Treasurer) as the custodian of all public funds. Additionally, per State law, the Council delegates investment authority to the City Treasurer for a one-year period. The most recent delegation runs through February 29, 2024. Per the City’s Investment Policy (approved annually by Council), investment authority may also be delegated to the Assistant City Treasurer, and, in the absence of the Director of Finance and the Assistant City Treasurer, the Treasury Administrator and/or Senior Treasury Analyst may be delegated investment authority. One of the investment vehicles the City uses to invest funds is the State Local Agency Investment Fund (LAIF). Due to organizational changes, changes to the persons authorized to conduct investment transactions must be updated, which requires adoption of a resolution per LAIF guidelines.

Discussion

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Per the City’s Investment Policy (approved annually by Council), investment authority may also be delegated to the Assistant City Treasurer, and, in the absence of the Director of Finance and the Assistant City Treasurer, the Treasury Administrator and/or Senior Treasury Analyst may be delegated investment authority. The current list of staff authorized to execute transactions with LAIF are the Director of Finance (City Treasurer), Assistant City Treasurer, and the Principal Treasury Analyst, which are not consistent with the current organizational structure of the City or with the City’s current Investment Policy. The Principal Treasury Analyst position has been deleted and replaced by the Senior Treasury Analyst position. In addition, the Treasury Administrator position has been restored. Adoption of the attached resolution will correct these inconsistencies.

Environmental Review
The resolution to update the list is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The updated list is covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Updating the list of staff authorized to conduct transactions with LAIF would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA.

Financial Impacts and Budget Actions
There is no financial impact or budget action necessary as a result of the recommended actions.

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Prepared By: David Carr, Assistant City Treasurer
Approved Forwarded to Council
Attachments:

A. LAIF Resolution 102423

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1 City Council Meeting October 24, 2023 Santa Monica, California RESOLUTION NO. (CCS)
(City Council Series)

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

UPDATING THE LIST OF PERSONS AUTHORIZED TO CONDUCT TRANSACTIONS

WITH THE STATE LOCAL AGENCY INVESTMENT FUND
WHEREAS, the City of Santa Monica (the City) is a municipal corporation; and WHEREAS, the State Local Agency Investment Fund (“LAIF") is established in the State Treasury under Government Code 16429.1 et seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the City Council hereby finds that the deposit and withdrawal of money in LAIF in accordance with Government Code section 16429.1 et seq. for the purpose of investment as provided therein is in the best interests of the City of Santa Monica; and WHEREAS, the State Treasurer requires that the City Council designate appropriate persons authorized to conduct LAIF transactions on behalf of the City; and WHEREAS, on or about February 23, 2016, the City Council adopted Resolution No. 10934 (CCS), which established certain designees authorized to conduct LAIF transactions; and
WHEREAS, certain staffing changes have made it necessary to update the designees authorized to conduct LAIF transactions.

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

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Packet Pg. 200 Attachment: LAIF Resolution 102423 [Revision 3] (6049 : Resolution Updating the List of Persons Authorized to Conduct Transactions With the 2 SECTION 1. That the Director of Finance/City Treasurer is authorized to establish and close deposit and investment accounts with financial institutions and brokerages upon such terms and conditions provided by the statutes of the State of California governing public deposits and the City's investment policy.

SECTION 2. That the City Council has delegated investment authority to the Director of Finance/City Treasury.

SECTION 3. That under the guidelines of the City Investment Policy, the Finance Director/City Treasurer may delegate investment authority to the Assistant City Treasurer, and in the absence of the Director of Finance/City Treasurer and the Assistant City Treasurer, investment authority may be delegated to the Treasury Administrator and/or the Senior Treasury Analyst.

SECTION 4. That the Director of Finance/City Treasurer, the Assistant City Treasurer, the Treasury Administrator, and the Senior Treasury Analyst are hereby authorized to order the deposit or withdrawal of monies in LAIF and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transactions contemplated hereby.

SECTION 5. Any provision of any Resolution inconsistent with the provisions of this resolution, to the extent of such inconsistencies and no further, are hereby repealed or modified to the extent necessary to affect the provisions of this resolution.

SECTION 6. Resolution Number 10934 (City Council Series) hereby repealed in its entirety.

5.J.a
Packet Pg. 201 Attachment: LAIF Resolution 102423 [Revision 3] (6049 : Resolution Updating the List of Persons Authorized to Conduct Transactions With the 3 SECTION 7. The City Clerk shall certify to the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

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Packet Pg. 202 Attachment: LAIF Resolution 102423 [Revision 3] (6049 : Resolution Updating the List of Persons Authorized to Conduct Transactions With the City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 5.K
1 of 3
To: Mayor and City Council
From: Lori Gentles, Chief People Officer, Human Resources Department Subject: Adoption of a Resolution Revising Executive Pay Plan (EPP) to Provide for Relocation Allowance Benefit
Recommended Action
Staff recommends that the City Council:

1. Adopt the attached Resolution authorizing the City Manager to revise the Executive Pay Plan (EPP) to provide for a relocation allowance benefit.

2. Adopt a finding of categorical exemption pursuant to Section 15324 (Class 24 Regulations of Working Conditions) of the California Environmental Quality Act (CEQA) Guidelines.

Summary
The Executive Pay Plan (EPP) covers the City’s key management staff comprised of Department Directors and other executive level employees who are among the few City staff not represented by a labor union. The EPP was most recently updated for a threeyear term from July 1, 2022- June 30, 2025. The EPP recognizes the contributions of these executive level unrepresented employees while promoting and providing harmonious relations, cooperation, and understanding between the City and the EPP participants. The City Manager proposes a revision to the EPP to allow for relocation assistance to new employees covered under the Plan for the purpose of improving recruitment efficacy.

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Discussion
The Executive Pay Plan (EPP) establishes terms and conditions of employment for Department Directors and other at-will employees who receive EPP benefits as part of their separate employment contracts. While there is a current expiration date of the current plan, and amendments typically occur as changes are made to negotiated agreements with other employee bargaining units, terms of the EPP may also be amended as needed.

The overall policy of the City has been to maintain competitive benefits and working conditions in a high-cost geographic labor market to retain and attract a high-quality workforce to serve our community across a wide range of specialized services. One area of executive-level benefits which can improve the City’s competitiveness in the labor market, and which is not currently offered, is relocation assistance. In order to improve the City’s ability to attract highly qualified candidates from outside the region, staff recommends adding a one-time relocation benefit of up to $15,000 for EPP employees new to the City. This reimbursement would be based on a candidate’s need to relocate to the Los Angeles area and include items such as typical moving expenses, temporary housing and travel costs.

Environmental Review
The benefit changes provided are categorically exempt pursuant to Section 15324 (Class 24 Regulations of Working Conditions) of the California Environmental Quality Act (CEQA) Guidelines. Class 24 consists of actions taken by regulatory agencies to regulate employee wages, hours of work, or working conditions where there will be no demonstrable physical changes outside the place of work.

Financial Impacts and Budget Actions
The estimated cost of the changes contained in the Executive Pay Plan presented in this report are dependent upon where candidates currently reside. In consideration of the known and anticipated executive-level recruitments to be administered this current fiscal year, the amount may be up to $45,000. No budget action is required at this time.

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The costs associated with this one-time relocation benefit would be absorbed by the corresponding department’s current Fiscal Year 2023-25 Budget.

Prepared By: Sarah Rebensdorf, Senior Human Resources Analyst Approved Forwarded to Council
Attachments:

A. HR-Res-EPP-10-24-23

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City Council Meeting: October 24, 2023 Santa Monica, California

RESOLUTION NUMBER (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER

TO REVISE THE EXECUTIVE PAY PLAN
WHEREAS, on October 24, 2023, a revised Executive Pay Plan was presented to the City Council of the City of Santa Monica for consideration; WHEREAS, the purpose of the Pay Plan is to promote and provide harmonious relations, cooperation, and understanding between the City and participants of the Executive Pay Plan;

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

SECTION 1. The City Council of the City of Santa Monica hereby approves and authorizes the City Manager to execute the revised Executive Pay Plan (FY2022-2025), to add a relocation assistance benefit.

SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:

DOUGLAS SLOAN
City Attorney

5.K.a
Packet Pg. 206 Attachment: HR-Res-EPP-10-24-23 (6074 : EPP Relocation Allowance) 1 July 25, 2023

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
JULY 25, 2023
A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:32 p.m., on Tuesday, July 25, 2023, at City Council Chambers, 1685 Main Street, Santa Monica, CA and teleconference at 2345 23rd Street, Santa Monica, CA.

Roll Call: Present: Mayor Gleam Davis
Mayor Pro Tem Lana Negrete
Councilmember Phil Brock
Councilmember Oscar de la Torre (arrived at 5:33 p.m.)
Councilmember Christine Parra (via telephone)
Councilmember Caroline Torosis (arrived at 5:34 p.m.)
Councilmember Jesse Zwick
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:32 p.m., with all members present except Councilmembers de la Torre and Torosis. City Attorney Douglas Sloan led the assemblage in the Pledge of Allegiance.

AGENDA MANAGEMENT
Councilmember de la Torre
arrived at 5:33 p.m.

Councilmember Torosis
arrived at 5:34 p.m.

Motion by Mayor Davis, seconded by Councilmember Brock, to suspend Council rules to allow public comment on Items 3.C. and 3.D., even though the public hearing was previously closed. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSTAIN: Councilmember Torosis
Motion by Mayor Davis, seconded by Councilmember Brock, to pull and continue Item 13.A. The motion was approved by the following vote:

AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None

GENERAL PUBLIC
INPUT:

Members of the public Jerry Rubin, Tony Stone, Mary Flow, Eve Lopez, Bridgette Rivera, Kyle Gosselin, Kathie Lamm, John Alle, Johnathan

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Packet Pg. 207 Minutes Acceptance: Minutes of Jul 25, 2023 5:30 PM (CONSENT CALENDAR) 2 July 25, 2023
Foster, Lucian Tudor, and Ester Hickman commented on various local issues.

PUBLIC INPUT FOR

CLOSED SESSION,

SPECIAL AGENDA

ITEMS AND CONSENT
CALENDAR ONLY:

Members of the public Jerry Rubin, Denise Barton, Bea Nemlaha, and Joe Dirosa (time donated by Esther Hickman) commented on closed session items.

There were no members of the public present to comment on special agenda items.

Member of the public Eve Lopez commented on consent calendar items.

CLOSED SESSIONS On order of the Mayor, the City Council recessed at 6:09 p.m., to consider closed sessions and returned at 7:40 p.m., with Councilmembers Brock, de la Torre and Mayor Pro Tem Negrete absent to report the following:

3.A. Conference with Legal Counsel – Existing Litigation – Gov.

Code Section 54956.9(d)(1): Murcia v. City of Santa Monica et al.; United States District Court, Central District of California, Case No. 22-cv-05253-FLA-MAR
The City Attorney advised this matter was heard with no reportable action taken.

3.B. Conference with Legal Counsel – Existing Litigation, Deciding Whether to Participate as an Amicus – Gov. Code Section 54956.9(d)(1); L.W. et al., by and through her parents and next friends, Samantha Williams and Brian Williams v. Jonathan Skrmetti et al., Case No. 3:23-cv-00376, United States District Court, M.D. Tennessee
The City Attorney advised this matter was heard with no reportable action taken.

3.C. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 1855 Main Street, Santa Monica, California (Civic Auditorium) (APN 4290-013-901); City Negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang; Owner of Record: City of Santa Monica; Persons to be negotiated with: Cary Upton, Chief Operations Officer, Santa Monica Malibu Unified School District; Under negotiation: Price and Terms of Payment for Sale
The City Attorney advised this matter was heard with no reportable action taken.

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Packet Pg. 208 Minutes Acceptance: Minutes of Jul 25, 2023 5:30 PM (CONSENT CALENDAR) 3 July 25, 2023

3.D. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 1855 Main Street, Santa Monica, California (Civic Auditorium) (APN 4290-013-901); City Negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Senior Development Analyst; Owner of Record: City of Santa Monica; Persons to be negotiated with: Jesus Hernandez, Director of Housing Development, Community Corporation of Santa Monica; Under negotiation: Price and Terms of Payment for Sale The City Attorney advised this matter was heard with no reportable action taken.

SPECIAL AGENDA
ITEMS:

Mayor Pro Tem Negrete
returned at 7:42 p.m.

Councilmembers de la Torre
and Brock returned at
7:43 p.m.

4.A. City Manager's Report, was presented.

REPORT ON COUNCIL
TRAVEL
Councilmember Brock attended the National League of Cities conference in Tacoma, WA, where he reported he sat on two committees to discuss public safety and crime prevention and the Council education, families and youth. They worked on potential request for appropriations from the 2024 Congress and discussed the problems of all cities.

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

Motion by Councilmember Brock, seconded by Councilmember Zwick, to approve the Consent Calendar, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
AIRPORT RENOVATION 5.A. Award Construction Contract No. 11449 (CCS) for the 2800 Airport Avenue Renovation Project, was approved.

Recommended Action
Staff recommends that the City Council:

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Packet Pg. 209 Minutes Acceptance: Minutes of Jul 25, 2023 5:30 PM (CONSENT CALENDAR) 4 July 25, 2023
Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines.

1. Award Bid #SP2686 to Olympos Construction, Inc., for construction services for the 2800 Airport Avenue Building Renovation Project for the Public Works Department.

2. Authorize the City Manager to negotiate and execute Contract No. 11449 (CCS) with Olympos Construction, Inc., in an amount not to exceed $3,312,100 (including a $301,100 contingency).

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

UNIFORMS CONTRACT 5.B. Approval of First Modification to Agreement No. 10734 (CCS) with Becnel Uniforms for Motor Coach Operators Uniforms, was approved.

Recommended Action
Staff recommends that the City Council:

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

2. Authorize the City Manager to negotiate and execute a first modification to Agreement No. 10734 (CCS) in an amount not to exceed $95,000 with Becnel Uniforms for the provision of Motor Coach Operators (MCOs) uniforms for the Department of
Transportation. This will result in an amended agreement with a new total amount not to exceed $776,000, with the original fiveyear term of the agreement remaining unchanged.

EMPLOYEE PAY PLAN 5.C. Adoption of Resolution No. 11541 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA AUTHORIZING THE CITY MANAGER TO REVISE THE
CONFIDENTIAL UNREPRESENTED EMPLOYEES PAY PLAN,”
was adopted.

Recommended Action
Staff recommends that the City Council:

1. Adopt the proposed Resolution (Attachment A) accepting the Confidential Unrepresented Employees (CUE) Pay Plan;

2. Adopt a finding of Categorical Exemption pursuant to Section 15324 of the California Environmental Quality Act (CEQA) Guidelines
MINUTES 5.D. Approval of Minutes of City Council - Regular Meeting - May 9, 2023 5:30 PM, were approved.

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Packet Pg. 210 Minutes Acceptance: Minutes of Jul 25, 2023 5:30 PM (CONSENT CALENDAR) 5 July 25, 2023
MINUTES 5.E. Approval of Minutes of City Council - Regular Meeting - May 23, 2023 5:30 PM, were approved.

MINUTES 5.F. Approval of Minutes of City Council - Regular Meeting - Jun 13, 2023 5:30 PM, were approved.

PUBLIC INPUT ON

REMAINING AGENDA
ITEMS:

Members of the public Jerry Rubin, Esther Hickman, Ericka Lesley, Angela Scott, George Centeno, Derek Devermont, Dante Harrington, Brian Stedge, and Barry Snell commented on Item 8.A.

Members of the public Lucian Tudor, Ericka Lesley, and Andria McFarland commented on Item 10.C.

Members of the public Jerry Rubin, Denise Barton, John Alle (time donated by Eve Lopez), Lucian Tudor, Ericka Lesley, Angela Scott, Joe Dirosa, Judy Kruger, Albin Gielicz, Adrian McFarland, Sam Jagger, Arthur Jeon, Julia Ladd, Lori Vrastil, Mandi Prince, Amy Gottstein, and Barry Snell commented Item 11.A.

Members of the public Jerry Rubin and Denise Barton commented on Item 16.C.

Member of the public Joe Sullivan commented on Item 16.D.

Member of the public Angela Scott commented on Item 16.E.

CONTINUED ITEMS:

BOARDS AND

COMMISSIONS

APPOINTMENTS

8.A. Annual Appointments to the following Boards and
Commissions. Continued from 7/18/2023.

Board/Commission No. of
Seats
Term End
Date
Special
Requirements
Airport Commission 2 6/30/2027 Reside in the City.

On order of the Mayor, the floor was opened for nominations.

Mayor Davis nominated Geoffrey Neri for reappointment.

There being no other nominations, Geoffrey Neri was reappointed to the Airport Commission for a term ending June 30, 2027, by the following vote:

AYES: Councilmembers Zwick, Parra, Brock, Torosis,
de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None

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ABSENT: None
On order of the Mayor, the floor was opened for nominations.

Councilmember Parra nominated Margaret Griffin
Councilmember Zwick nominated Spencer Gross.

Margaret Griffin was appointed to the Airport Commission for a term ending June 30, 2027, by the following vote:

Griffin: Councilmembers de la Torre, Brock, Parra,
Mayor Pro Tem Negrete, Mayor Davis
Gross: Councilmembers Torosis, Zwick
Councilmembers Zwick and Torosis changed their votes to Griffin, thereby appointing Margaret Griffin unanimously to the Airport Commission, with all members present.

Architectural Review
Board
1 6/30/2027
On order of the Mayor, the floor was opened for nominations.

Mayor Davis nominated Edward Scott for reappointment.

There being no other nominations, Edward Scott was reappointed to the Architectural Review Board for a term ending June 30, 2027, by the following vote:

AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
Arts Commission 3 6/30/2027 Reside or work in
the City.

On order of the Mayor, the floor was opened for nominations.

Mayor Davis nominated Kathleen Benjamin for reappointment.

There being no other nominations, Kathleen Benjamin was reappointed to the Arts Commission for a term ending June 30, 2027, by the following vote:

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AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
On order of the Mayor, the floor was opened for nominations.

Mayor Davis nominated Deepa Subramaniam for reappointment.

There being no other nominations, Deepa Subramaniam was reappointed to the Arts Commission for a term ending June 30, 2027, by the following vote:

AYES: Councilmembers de la Torre, Brock, Parra, Zwick
Mayor Pro Tem Negrete, Mayor Davis
NOES: Councilmember Torosis
ABSENT: None
On order of the Mayor, the floor was opened for nominations.

Councilmember Parra nominated Ana Boghosian.

Councilmember Zwick nominated Ethan Karetsky
Mayor Pro Tem Negrete nominated Michelle Edgar
Michelle Edgar was appointed to the Arts Commission for a term ending June 30, 2027, by the following vote:

Boghosian: Councilmembers Parra, Brock
Karetsky: Councilmember Zwick
Edgar: Councilmembers Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Davis
Councilmembers Parra, Zwick and Brock changed their votes to Edgar, thereby appointing Michelle Edgar unanimously to the Arts Commission, with all members present.

Commission on
Sustainability,
Environmental Justice
and the Environment
2 6/30/2027 Reside or work in
the City.

On order of the Mayor, the floor was opened for nominations.

Mayor Davis nominated Dean Kubani.

Councilmember Zwick nominated Gerda Newbold.

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Dean Kubani was reappointed to the Commission on Sustainability, Environmental Justice and the Environment for a term ending June 30, 2027, by the following vote:

Kubani: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
Newbold: None
On order of the Mayor, the floor was opened for nominations.

Councilmember Torosis nominated Gerda Newbold.

Mayor Davis nominated Susan Mearns.

Susan Mearns was reappointed to the Commission on Sustainability, Environmental Justice and the Environment for a term ending June 30, 2027, by the following vote:

Newbold: Councilmembers Zwick, Torosis, Mayor Davis
Mearns: Councilmembers Parra, Brock, de la Torre,
Mayor Pro Tem Negrete,
Councilmembers Zwick, Torosis and Mayor Davis changed their votes to Mearns, thereby appointing Susan Mearns by a unanimous vote to the Commission on Sustainability, Environmental Justice and the Environment for a term ending June 30, 2027, with all members present.

Disabilities
Commission
1 6/30/2027 Reside in the City.

This item was continued to the August 22nd meeting, due to a lack of applicants.

Housing Commission 2 6/30/2025 Two must be
affordable housing
program participant
where one is 62-
years or older and
the other is
unhoused or
formerly unhoused.

On order of the Mayor, the floor was opened for nominations.

Mayor Davis nominated Theresa Marasco for reappointment.

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There being no other nominations, Theresa Marasco was reappointed to the Housing Commission for a term ending June 30, 2025, by the following vote:

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
On order of the Mayor, the second seat was continued to the August 22nd meeting to verify an applicants’ eligibility requirement.

Human Services
Commission
2 6/30/2027 Reside in the City.

On order of the Mayor, the floor was opened for nominations.

Mayor Davis nominated Alexis Hemphill-Elsea for reappointment.

There being no other nominations, Alexis Hemphill-Elsea was reappointed to the Human Services Commission for a term ending June 30, 2027, by the following vote:

AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
On order of the Mayor, the floor was opened for nominations.

Councilmember Torosis nominated Susan Einbinder.

There being no other nominations, Susan Einbinder was reappointed to the Human Services Commission for a term ending June 30, 2027, by the following vote:

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
Personnel Board 1 6/30/2027 Reside in Santa
Monica or LA
County that is
employed within the
City, own property

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or hold business
licenses in the City
On order of the Mayor, the floor was opened for nominations.

Mayor Davis nominated Melanie Allen for reappointment.

There being no other nominations, Melanie Allen was reappointed to the Personnel Board for a term ending June 30, 2027, by the following vote:

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
Planning Commission 3 6/30/2027 Reside in the City.

On order of the Mayor, the floor was opened for nominations.

Mayor Davis nominated Jim Ries.

Mayor Pro Tem Negrete nominated Josh Hamilton.

Jim Ries was reappointed to the Planning Commission for a term ending June 30, 2027, by the following vote:

Ries: Councilmembers de la Torre, Torosis, Parra, Zwick, Mayor Davis
Hamilton: Councilmember Brock, Mayor Pro Tem Negrete
Councilmember Brock changed his vote to Ries, thereby reappointing Jim Ries to the Planning Commission for a term ending June 30, 2027, with all members present.

On order of the Mayor, the floor was opened for nominations.

Councilmember Brock nominated Nina Fresco, who needs 5 votes for reappointment.

Mayor Davis nominated Josh Hamilton.

No one was successfully appointed by the following vote:

Fresco: Councilmembers de la Torre, Brock, Parra,
Mayor Pro Tem Negrete

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Hamilton: Councilmembers Torosis, Zwick, Mayor Davis
On order of the Mayor, the floor was opened for nominations.

Mayor Davis nominated Mario Fonda-Bonardi, who needs five votes for reappointment.

Councilmember Zwick nominated Josh Hamilton.

No one was successfully appointed by the following vote:

Fonda-Bonardi: Councilmembers Parra, Brock, de la Torre, Mayor Pro Tem Negrete
Hamilton: Councilmembers Zwick, Torosis, Mayor Davis
On order of the Mayor, the floor was opened for nominations.

Councilmember Brock nominated Mario Fonda-Bonardi, who needs five votes for reappointment.

Councilmember Torosis nominated Josh Hamilton.

No one was successfully appointed by the following vote:

Fonda-Bonardi: Councilmembers de la Torre, Brock, Parra, Mayor Pro Tem Negrete
Hamilton: Councilmembers Torosis, Zwick, Mayor Davis
On order of the Mayor, the floor was opened for nominations.

Councilmember Parra nominated Nina Fresco, who needs five votes to be reappointed.

Councilmember Torosis nominated Josh Hamilton.

No one was successfully appointed by the following vote:

Fresco: Councilmembers Parra, Brock, de la Torre,
Mayor Pro Tem Negrete
Hamilton: Councilmembers Zwick, Torosis, Mayor Davis
On order of the Mayor, the floor was opened for nominations.

Mayor Davis nominated Josh Hamilton.

Councilmember Brock nominated Nina Fresco, who needs five votes for reappointment.

Mayor Pro Tem Negrete nominated Mario Fonda-Bonardi, who needs five votes for reappointment.

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Packet Pg. 217 Minutes Acceptance: Minutes of Jul 25, 2023 5:30 PM (CONSENT CALENDAR) 12 July 25, 2023
No one was successfully appointed by the following vote:

Hamilton: Councilmembers Torosis, Zwick, Mayor Davis
Fresco: Councilmembers de la Torre, Brock, Parra,
Fonda-Bonardi: Mayor Pro Tem Negrete
On order of the Mayor, the floor was opened for nominations.

Councilmember Brock nominated Mario Fonda-Bonardi, who needs five votes for reappointment.

Councilmember Torosis nominated Josh Hamilton.

No one was successfully appointed by the following vote:

Hamilton: Councilmembers Zwick, Torosis, Mayor Davis
Fonda-Bonardi: Councilmembers Parra, Brock, de la Torre, Mayor Pro Tem Negrete
On order of the Mayor, the floor was opened for nominations.

Councilmember Brock nominated Josh Hamilton.

There being no other nominations, Josh Hamilton was appointed to the Planning Commission for a term ending June 30, 2027, by the following vote:

AYES: Councilmembers de la Torre, Torosis, Brock, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: Councilmember Parra
ABSENT: None
Councilmember Parra changed her vote to Hamilton, thereby unanimously appointing Josh Hamilton to the Planning Commission for a term ending June 30, 2027, with all members present.

On order of the Mayor, the floor was opened for nominations.

Councilmember Brock nominated Mario Fonda-Bonardi, who required five votes for reappointment.

Mayor Davis nominated Nina Fresco, who required five votes for reappointment.

No one was successfully appointed by the following vote:

Fonda-Bonardi: Councilmembers de la Torre, Brock, Parra

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Fresco: Councilmembers Torosis, Zwick,
Mayor Pro Tem Negrete, Mayor Davis
On order of the Mayor, the floor was opened for nominations.

Councilmember Brock nominated Mario Fonda-Barnardi, who required five votes for reappointment.

Councilmember Torosis nominated Nina Fresco, who required five votes for reappointment.

Nina Fresco was appointed to the Planning Commission for a term ending June 30, 2027, by the following vote:

Fonda-Barnardi: Councilmembers Brock, Parra
Fresco: Councilmembers Zwick, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Davis
Councilmember Parra changed her vote to Fresco, thereby reappointing Nina Fresco to the Planning Commission for a term ending June 30, 2027, with all members present.

Public Safety Reform
and Oversight
Commission
3 6/30/2027 At least one shall be
between 18-22
years.

Because there were no applicants for the 18-22 year old category, that appointment was continued to the August 22nd meeting.

On order of the Mayor, the floor was opened for nominations.

Mayor Pro Tem Negrete nominated Albin Gielicz.

Councilmember Torosis nominated Derek Devermont.

Councilmember Parra nominated Jaime Cruz.

Jaime Cruz was reappointed to the Public Safety Reform and Oversight Commission for a term ending June 30, 2027, by the following vote:

Gielicz: Mayor Pro Tem Negrete
Devermont: None
Cruz: Councilmembers Zwick, Parra, Brock, Torosis,
de la Torre, Mayor Davis
Mayor Pro Tem Negrete changed her vote to Cruz, thereby reappointing Jaime Crux unanimously to the Public Safety Reform and Oversight Commission for a term ending June 30, 2027, with all

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Packet Pg. 219 Minutes Acceptance: Minutes of Jul 25, 2023 5:30 PM (CONSENT CALENDAR) 14 July 25, 2023
members present.

On order of the Mayor, the floor was opened for nominations.

Councilmember Brock nominated Aimee Goldberg.

Mayor Pro Tem Negrete nominated Albin Gielicz.

Councilmember Torosis nominated Derek Devermont.

Councilmember de la Torre nominated Jason Feldman.

No one was successfully appointed by the following vote:

Goldberg: Councilmembers Brock, Parra
Gielicz: Mayor Pro Tem Negrete
Devermont: Councilmembers Torosis, Zwick, Mayor Davis
Feldman: Councilmember de la Torre
On order of the Mayor, the floor was opened for nominations.

Councilmember Brock nominated Aimee Goldberg.

Mayor Pro Tem Negrete nominated Albin Gielicz.

Councilmember Torosis nominated Derek Devermont.

No one was successfully appointed by the following vote:

Goldberg: Councilmembers de la Torre, Brock, Parra
Gielicz: Mayor Pro Tem Negrete
Devermont: Councilmembers Torosis, Zwick, Mayor Davis
On order of the Mayor, the floor was opened for nominations:

Councilmember Brock nominated Aimee Goldberg.

Mayor Pro Tem Negrete nominated Albin Gielicz.

Councilmember Torosis nominated Derek Devermont.

No one was successfully appointed by the following vote:

Goldberg: Councilmembers Parra, Brock, de la Torre
Gielicz: Mayor Pro Tem Negrete
Devermont: Councilmembers Zwick, Torosis, Mayor Davis
On order of the Mayor, the floor was opened for nominations:

Councilmember Brock nominated Aimee Goldberg.

Mayor Pro Tem Negrete nominated Albin Gielicz.

Councilmember Torosis nominated Derek Devermont.

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No one was successfully appointed by the following vote:

Goldberg: Councilmembers Parra, Brock, de la Torre
Gielicz: Mayor Pro Tem Negrete
Devermont: Councilmembers Zwick, Torosis, Mayor Davis
On order of the Mayor, the floor was opened for nominations:

Councilmember Brock nominated Aimee Goldberg.

Councilmember Torosis nominated Derek Devermont.

Derek Devermont was reappointed to the Public Safety Reform and Oversight Commission for a term ending June 30, 2027, by the following vote:

Goldberg: Councilmembers Brock, Parra, Mayor Pro Tem Negrete Devermont: Councilmembers de la Torre, Torosis, Zwick,
Mayor Davis
Recreation and Parks
Commission
1 6/30/2027 Reside in the City.

On order of the Mayor, the floor was opened for nominations.

Councilmember Parra nominated Ann Bowman.

Councilmember Torosis nominated Sean Beser.

Ann Bowan was appointed to the Recreation and Parks Commission for a term ending June 30, 2027, by the following vote:

Bowman: Councilmembers Parra, Brock, de la Torre,
Mayor Pro Tem Negrete
Beser: Councilmembers Zwick, Torosis, Mayor Davis
Councilmembers Torosis, Zwick and Mayor Davis changed their votes to Bowman, thereby appointing Ann Bowman unanimously to the Recreation and Parks Commission for a term ending June 30, 2027, with all members present.

Santa Monica Library
Board
1 6/30/2027 Reside in the City.

On order of the Mayor, the floor was opened for nominations.

Councilmember Parra nominated Antonio Spears.

Councilmember Torosis nominated Heidi Aimonetti.

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Antonio Spears was appointed to the Santa Monica Library Board for a term ending June 30, 2027, by the following vote:

Aimonetti: Councilmembers Parra, Brock, de la Torre,
Mayor Pro Tem Negrete
Spears: Councilmembers Zwick, Torosis, Mayor Davis
Councilmembers Zwick, Torosis, and Mayor Davis changed their votes to Spears, thereby unanimously appointing Antonio Spears to the Santa Monica Library Board for a term ending June 30, 2027, with all members present.

Urban Forest Task
Force
2 6/30/2025 Must be current or
past certified
arborist. All must
reside, work or hold
business licenses in
the City
On order of the Mayor, the floor was opened for nominations.

Mayor Davis nominated Armando Martinez for reappointment.

Armando Martinez was reappointed to the Urban Forest Task Force for a term ending June 30, 2025, by the following vote:

AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
On order of the Mayor, the second appointment was continued to the August 22nd meeting to determine if the second appointment is required to be an Arborist.

AUDIT SUBCOMMITTEE 8.B. Appointment to two annual Councilmember vacancies on the Audit Subcommittee for a term ending June 30, 2027, was presented.

On order of the Mayor, the floor was opened for nominations.

Councilmember Parra and Mayor Davis agreed to be reappointed for a term ending June 30, 2027, by the following vote:

AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None

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ABSENT: None
ORDINANCES:

WELL PROHIBITION

10.A. Second Reading and Adoption of Ordinance 2752 (CCS) enititled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING SECTION 7.18.040 OF THE

SANTA MONICA MUNICIPAL CODE TO UPDATE WELL
PROHIBITION REQUIREMENTS,” was presented.

Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
ECONOMIC RECOVERY 10.B. Introduction and First Reading of an Interim Zoning Ordinance to Promote Economic Recovery in the City’s Downtown Districts, including the Third Street Promenade Area, and Provide Other Minor and Clerical Amendments to the Zoning Ordinance Related to Economic Recovery, was presented.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), and 15304 (Minor Alterations to Land) of the California Environmental Quality Act (CEQA) Guidelines.

2. Introduce for first reading an Interim Zoning Ordinance to promote economic recovery in the City’s Downtown Districts, including the Third Street Promenade Area, and provide other minor and clerical amendments to the Zoning Ordinance related to economic recovery.

Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof, with changes to include Santa Monica Place. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis

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NOES: None
ABSENT: None
HOUSING PROJECTS 10.C. Introduction and First Reading of an Ordinance Amending the Text of the Zoning Ordinance to Provide Incentives for Certain Housing Projects That Filed an Application Prior to Implementation of the City’s 6th Cycle (2021-2029) Housing Element, was presented.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that no subsequent environmental review is required pursuant to California Environmental Quality Act (CEQA) Guidelines Section15162 based on a determination that the adoption of development incentives as set forth in the proposed ordinance amending the Zoning Ordinance was
analyzed as part of the 2021-2029 6th Cycle Housing Element Environmental Impact Report (EIR) [SCH No. 2020100575] that was certified by the City Council on October 12, 2021 with an Addendum to the EIR approved by the City Council on October 11, 2022.

2. Introduce for first reading an Ordinance amending the text of the Zoning Ordinance to provide incentives for certain housing projects that filed an application prior to implementation of the City’s 6th Cycle (2021-2029) Housing Element.

Questions asked and answered of staff included, are we building on the builder’s remedy settlement from May and building on that agreement.

Motion by Councilmember Zwick, seconded by Councilmember de la Torre, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof, and approve the recommended action. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None

ELECTRIC LEAF

BLOWERS

10.D. Introduction and First Reading of Ordinance Amending SMMC Sections 4.08.270 and 4.12.180 to Authorize Electric Leaf Blowers, was presented.

Recommended Action
Staff recommends that the City Council

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1. Introduce for first reading the attached ordinance amending sections 4.08.270 and 4.12.180 of the Santa Monica Municipal Code to authorize the use of electric leaf blowers.

2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) and finding of Categorical Exemption pursuant to Section 15307 and Section 15308 of the California Environmental Quality Act (CEQA) Guidelines.

Questions asked and answered of staff included: once this passes, how soon will it be implemented; would it be possible to have a flyer made up in Spanish and English with a QR code to go directly to the city’s webpage to provide information and resources to the gardeners and homeowners; can fines be deferred for six months to issue warnings for first time offenders instead of penalties; did the sustainability commission recommend that a policy be created to do outreach and educate those impacted prior to issuing penalties; can the person using the illegal leafblower be sited or is it on the owner; and, how much time is going to be given to notify landscapers of the new law.

Considerable discussion ensued on topics including, but not limited to, that this ordinance will help improve the environment by removing gasoline operated devices.

Motion by Councilmember Zwick, seconded by Councilmember Brock, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof, with an amendment to hold off on issuing administrative citations for 180 days.

Councilmember Brock proposed a friendly amendment to hold off on issuing criminal citations for 180 days. The amendment was considered friendly by the maker.

The motion, with amendments was approved by the following vote:

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
STAFF

ADMINISTRATIVE
ITEMS:

DTSM FY23-24 BUDGET

11.A. Approval of Downtown Santa Monica, Inc. (“DTSM”)
FY2023-24 Budget and Work Plan and Authorization of Various Agreements Between City and DTSM, was presented.

Recommended Action
Staff recommends that the City Council:

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

2. Approve the Downtown Santa Monica, Inc. (DTSM) Fiscal Year 2023-24 Budget and Work Plan;

3. Authorize the City Manager to execute proposed Master Services Agreement between DTSM and City to replace and supersede the Amended and Restated Services Agreement (CCS 9063) executed in 2019, (“Services Agreement”) to authorize DTSM to retain private security services for downtown Santa Monica for a oneyear pilot program and also replace and supersede the existing Maintenance Services Agreement (CCS 9626), executed in 2012, by including in the Master Services Agreement the ongoing responsibilities of DTSM and City pertaining to custodial services for City’s parking structures and DTSM’s license to use a portion of parking structures 5 and 6;

4. Authorize the City Manager to negotiate and execute a First Modification to the Memorandum of Understanding with DTSM for community events at Lot 27 to extend the term for two additional years (to 2025) and expand the site area to authorize DTSM to temporarily activate the City-owned lot at 1318 4th Street for community events and activities consistent with DTSM’s roles and responsibilities under the proposed Master Services Agreement;

5. Authorize the City Manager to reinstate and amend the Third Street Promenade Public Services Program and Amenities
License Agreement with DTSM to continue activation of the Promenade, including the addition of operating a Promenade vending cart program for four additional years, exercised by annual options (to 2027); and

6. Authorize the City Manager to negotiate and execute a Letter of Intent between the City, DTSM and Rooftop Cinema Club for the activation of the Parking Structure 6 rooftop space as an outdoor movie theater.

Questions asked and answered of staff included: will having private security take away from any of SMPD overtime; will the private security have access to any of the city’s Police department’s resources such as access to radios or 911 calls made by businesses; is there a plan to charge for parking in locations that don’t currently charge for parking; is it correct that approximately 16 Ambassador positions are being replaced by the Cover 6 security service; how many of the security officers will be armed; what is the rationale given to have armed guards in the downtown area; what instance would we want a security officer firing their gun in the downtown area; who would be liable if a shooting occurred; what kind of trainee do the supervisors have that will be deployed to

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downtown; are there any certifications they require before they become supervisors; is there an agency that is responsible for overseeing security companies and their training; is there any reason all of the security officers are not being armed; in the downtown areas, what is the percentage of vacancies in the downtown; how does the vacancy rate compare to last year; have there been any surveys from businesses to help figure out ways to incentivize businesses to want to move into the downtown area; has there been any conversation from corporations about subdividing properties to encourage smaller businesses to move into the downtown; will the guards walking downtown be armed or is it only the armed supervisor who will be in a vehicle; would DTSM be willing to increase more security when special and larger events are occurring in the city; what is the majority of Cover 6’s engagement in communities; how are Cover 6 employees trained to engage with those who are dealing with mental issues; does Cover 6 connect with only city resources or are other organizations that the security company connects with; is Cover 6’s personnel more trained on de-escalation; aside from Cover 6, what else can be expected to improve and enhance safety in the downtown; will this plan have a positive affect to improve the downtown area; how many use of weapons have been used in Beverly Hills; what is it that we want to do to make it easy for businesses to set up and establish business here in Santa Monica; what resources are being used to assist with social services; is there a process in place for security officers to assist those who are in need; is there an escalation plan in place for Santa Monica; what is the order of process on when the Police department is called; how are the supervisors armed and what type of weapon do they carry; how often does DTSM seek mental health providers to assist with individuals that need assistance; are Cover 6 employees required to have any type of degrees; what types of weapons will Cover 6 officers carry; during the course of this one-year pilot, is there anticipation from DTSM to receive reports from Cover 6 and what will those reports entail; are there any type of metrics to determine if their services are useful; how would the metrics be broken down to determine how much of what Cover 6 is providing, versus what the city is providing is making a difference; will the reports be presented at a DTSM meeting; and, where will the vehicle supervisor be located and will the vehicle be moving.

Considerable discussion ensued on matters including, but not limited to:
concern about having private security armed in the downtown; don’t believe that hiring private security will change the shopping habits, make residents feel safe, or will it solve the homeless problem, and are hesitant to think it’s a good thing to hire armed security guards to solve problems; this is a year pilot, and we can come back in a year to see if what is being proposed is working; will help make residents feel safer about their young families visiting the Promenade; hopeful that this makes the impression that this is more than security, this is more about engagement;

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Packet Pg. 227 Minutes Acceptance: Minutes of Jul 25, 2023 5:30 PM (CONSENT CALENDAR) 22 July 25, 2023
support the plan to create a safe secure downtown experience for residents and visitors; if Cover 6 can provide a more secure experience for those who visit the downtown, then it will be a success; this is just adding another layer of security to our downtown area; don’t understand why armed security has to be deployed in order to provide secure engagement in our downtown; and, not necessarily in support of having armed officers, but trust DTSM’s recommendation that having this addition will provide a perception of a more safe downtown.

Motion by Councilmember de la Torre, seconded by Mayor Pro Tem Negrete, to adopt the staff recommendation, with the proposed language change from staff.

Councilmember Zwick proposed a friendly amendment that the security services not be armed. The motion was not considered friendly by the maker and seconder.

Councilmember Zwick proposed a friendly amendment that no rounds be chambered until that officer is engaged in an escalating forceful situation.

The motion was not considered friendly by the maker.

Substitute motion by Councilmember Zwick, to approve the recommendation with the added stipulation that Cover 6 not deploy security forces that are armed with firearms. There being no second, the motion did not pass.

The original motion, with proposed changes from staff was approved by the following vote:

AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None

BOARDS/COMMISSIONS

HOUSING COMMISSION
REPORT

13.A. Santa Monica Housing Commission Report: Creating Equity - Affordable Homeownership in Santa Monica, was pulled at the request of the Housing Commission and continued to a future meeting.

COUNCILMEMBER
DISCUSSION ITEMS:

HUMAN SERVICES

COMMISSION

16.A. Recommendation to rescind the July 14, 2022, appointment of Sonya Wilson and Boyko Buchinsky to the Human Services
Commission; and, consider new appointment to the vacancy on the Commission with a term ending June 30, 2026, was presented.

Motion by Mayor Pro Tem Negrete, seconded by Councilmember Torosis, to accept the resignation and have the Clerk advertise the vacancies. The motion was approved by the following vote:

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Packet Pg. 228 Minutes Acceptance: Minutes of Jul 25, 2023 5:30 PM (CONSENT CALENDAR) 23 July 25, 2023
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None

VOTING DELEGATE

DESIGNATION

16.B. Designation of voting delegate and alternate(s) for the League of California Cities Annual Conference and Expo, to be held September 20 - 22, 2023, in Sacramento, California, was presented.

The Mayor opened the floor for nominations.

Councilmember de la Torre, nominated Councilmember Brock as the delegate and Councilmember Torosis as the alternate.

Mayor Davis, nominated Councilmember Torosis as the delegate and Councilmember Brock as the alternate.

Councilmember Brock was appointed as the delegate with
Councilmember Torosis as the alternate by the following vote:

Brock/Torosis: Councilmembers Zwick, Parra, Brock, de la Torre, Mayor Pro Tem Negrete
Torosis/Brock: Councilmember Torosis, Mayor Davis
MAJOR EVENTS 16.C. Request by Mayor Davis, Mayor Pro Tem Negrete and Councilmember Zwick that the City Council direct the City Manager to explore and propose policy and regulatory changes needed to elevate Santa Monica's attractiveness as a major event venue. Positioning Santa Monica as a sought-after location to attract both local and international events would facilitate the City’s ability to proactively capitalize on several upcoming opportunities and support local businesses, stimulate economic recovery, further promote tourism, and provide new revenue sources to fund community programs and services for Santa Monica residents, was presented.

Motion by Mayor Davis, seconded by Councilmember de la Torre, to adopt the staff recommendation, with the addition of the word “inclusive” to the types of major events. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None

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Packet Pg. 229 Minutes Acceptance: Minutes of Jul 25, 2023 5:30 PM (CONSENT CALENDAR) 24 July 25, 2023

RENEWABLE ENERGY

PROEJCTS

16.D. Request of Councilmember Torosis, Mayor Davis and Councilmember Zwick that the City Council direct the City Manager to return to Council with recommendations addressing skilled and trained labor requirements for renewable energy projects and related infrastructure either City funded or placed upon City property to be installed by state-certified electricians. The City Manager should address proposed requirements outlined in attachment A in developing recommendations for Council
consideration, was presented.

Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete, to adopt the staff recommendation. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
TRAVEL BUDGET 16.E. Request of Councilmember Brock and Councilmember de la Torre that the City Council direct the City Manager to assign unspent funds from the FY 2022-23 individual Councilmember travel budgets allocated to former Mayor Himmelrich and former Mayor Pro Tem McCowan to the FY 2022-23 travel budget for any Councilmembers whose expenditures exceeded the amount that each was allocated for the year, was presented.

Motion by Councilmember Brock, seconded by Councilmember Parra, to adopt the staff recommendation. The motion was approved by the following vote:

AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:08 a.m. in memory of Harry Frankfurt and Winona "Wini" Allard.

ATTEST: APPROVED:

Denise Anderson-Warren Gleam Davis
City Clerk Mayor

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Packet Pg. 230 Minutes Acceptance: Minutes of Jul 25, 2023 5:30 PM (CONSENT CALENDAR) City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 8.A
1 of 7
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Introduction and First Reading of an Ordinance Replacing Santa Monica Municipal Code Chapter 7.04.800 (Access and Street Improvements) in its Entirety
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of exemptions pursuant to Section 15301, 15303, 15304, and 15305 of the California Environmental Quality Act (CEQA) Guidelines and Section 21080.25 of CEQA.

Summary
The City of Santa Monica is the owner and caretaker of the public right-of-way (ROW) and strives to ensure that the public ROW addresses the various needs of the community. New development and re-development on private parcels in the City cause traffic circulation impacts to the adjacent public ROW by increasing pedestrian and vehicular traffic, necessitating ROW dedications and related infrastructure improvements to ensure adequate traffic and pedestrian circulation and safety.

The City Engineer is responsible for enforcing the City’s public ROW standards for new development and re-development on private parcels. Chapter 7.04.800 sets forth the City’s public right of way requirements in general, but many of the City’s standard requirements are not clearly stated in the ordinance, including the circumstances under

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which sub-standard alleys (typically 15 feet wide) must be widened to meet the 20 foot width standard necessary for adequate vehicular and pedestrian traffic circulation, as well as sufficient fire equipment and Resource Recovery and Recycling (RRR) truck access, in order to provide essential City services for such new development and redevelopment.

On March 14, 1978, Council adopted the existing ordinance, Chapter 7.04.800 – Access and street improvements – of the City’s Municipal Code with no amendments made since that time. The proposed update to this existing code section would clarify and accentuate the applicability of ROW acquisition and required ROW enhancements associated with private development and re-development projects in various zones in the city. The City Engineer recommends that Council adopt the proposed ordinance to replace ordinance Chapter 7.04.800 in its entirety.

Discussion
Council adopted Chapter 7.04.800 establishing access and street improvement regulations on March 14, 1978, and since this time, there have been no updates to this chapter. The proposed code section would improve, clarify, and provide a nexus connecting the requirements to applicable or eligible private development and redevelopment project types within the City. Staff from various departments, including Public Works, City Attorney’s Office, and Community Development, have collaborated to update Chapter 7.04.800 of the Municipal Code addressing the applicability of specific development or re-development project types to comply with various ROW acquisition and off-site improvement requirements as a direct impact from private development.

Highlights of the proposed ordinance are summarized in Table 1 and expanded on with several examples below of previous projects that required ROW acquisition and off-site improvements. The proposed changes further clarify key terms, applicability of development and re-development projects, and specific provisions for compliance prior to issuance of a final Certificate of Occupancy for the building development.

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Project
type
Right-of-Way
Dedication
Off-Site Improvements
Dedication
(alleys)
Dedication
(streets
and
highways)
Sidewalk,
Parkways,
Curb and
Gutter,
Street Trees
Alley Paving,
Alley Lighting
(as required),
Utilities
Relocation
Roadway Paving,
Traffic Signals, and
Street Signs, Street
Lights, and Utilities
Relocation
Major
Projects X X X X X
All
other
projects
X
X
(as needed)
Table 1: Summary of Dedication and Off-Site Improvement Requirements Key Definitions
• Major Project: A “major project” is defined to be a residential, commercial, industrial, or institutional development which is defined in Chapter 9 of SMMC.

Meaning a Major Project would have to be a new development or redevelopment of a Parcel(s) that entails the construction of “Principal Structure(s)” as a “Newly Constructed Building”.
• Principal Structure is a main building (not an accessory building). • Newly Constructed Building is a new Principal Structure or addition or modification to existing Principal Structures where 50% of exterior walls are removed (as defined in Chapter 9 of SMMC).

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Examples: Easement Dedication of ROW (ROW acquisition)
A new development provides an easement dedication to widen a non-standard alley.

The vehicular access to the new development is from the alley which will increase vehicular volumes in the alley causing vehicular circulation impacts. The existing alley was 15 ft in width. A City standard 20 ft alley width required 2.5 ft of dedication on the development side (which is ½ of the standard width measured from the centerline of the alley). Most substandard alleys in the city are 15 ft wide. See Figure 1 below.

Figure 1: Alley Easement Dedication Example
(For Vehicular Access and Circulation)
Cities throughout the state have adopted a 20-foot wide alley standard to ensure adequate access for two-way car traffic, to accommodate trash bins and allow access for trash trucks to conduct pick-ups, to align with fire code to ensure adequate space for fire trucks during emergencies, and allow enough room for all the utilities to service residents and businesses. Approximately ninety percent (90%) of City’s alleys are 20 feet wide. The remaining alleys that are less than 20 feet wide are considered substandard.

Another easement dedication example would be a curb ramp easement dedication. The project required upgrades to the existing curb ramp which included part of the landing area of the curb ramp to encroach onto the development property requiring an easement dedication for pedestrian access (as shown by green triangle in Figure 2 below).

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Figure 2: Curb Ramp Easement Dedication (for Pedestrian Access) Example: Off-site Improvements
As part of the development shown in Figure 3, the developer was required to implement various offsite improvements due to the impact of the development on the surrounding ROW. New sidewalk, curb & gutter, curb ramp and roadway paving improvements were implemented along the entire frontage and rear of the property along the alley. For example, the development was required to pave the full width of the street on both 5th Street and Broadway due to the various trenching operations that occurred within the street, along with anticipated heavy vehicle and equipment usage of the street roadways including the alley.

Figure 3: Off-Site Improvements: New Sidewalk, Curb & Gutter, Curb Ramp and Paving
Public Outreach
The community was notified of the proposed ordinance updates by staff and an inperson outreach meeting was held on April 12, 2023, in the City Council Chambers.

City staff mailed and emailed notification of the proposed ordinance changes to

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community members, developers, consultants, contractors, and attorneys potentially affected by the update, informing them of pending clarifying updates to the existing ordinance.

After the public meeting, staff circulated a draft of the ordinance and a copy of the presentation given on April 12, 2023. The documents were and are currently posted on the City website in order to garner stakeholder feedback and public input prior to the Council meeting. During the feedback period, between April 2023 and July 2023, staff received clarification questions on a couple of key points in the ordinance. Staff subsequently met with stakeholders to address pertinent comments while updating the draft ordinance with the collective input received. This resulted in refined definitions of project types that would prompt ROW dedication and off-site requirements and helped clarify the effect ROW dedications would have on project development standards (e.g.

Floor Area Ratio calculations and parcel setback requirements).

Past Council Actions
Meeting Date Description
3/14/1978 (Attachment A) Ordinance adding Section 7164 to the Santa Monica Municipal Code, pertaining to public access and improvement requirements for development projects (CCS No. 1085)
Environmental Review
The ordinance is exempt from CEQA pursuant to Sections 15301, 15303, 15304, 15305 of the CEQA Guidelines and Section 21080.25 of CEQA. Section 15301 (Class 1 – Existing Facilities) exempts projects that consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Section 15303 (Class 3 – New Construction or Conversion of Small Structures) exempts the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Section 15304 (Class 4 – Minor Alterations to Land) exempts

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minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Section 15305 (Class 5 – Minor Alterations in Land Use Limitations) exempts minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density.

Additionally, Section 21080.25 of CEQA states that CEQA does not apply to pedestrian and bicycle facilities that improve safety, access, or mobility, including new facilities, within the public right-of-way. The ordinance would establish easement requirements on existing streets/alleys and right of way enhancements such as widening, sidewalk improvements, new paving, and curb improvements to improve vehicular and pedestrian safety. Therefore, the ordinance is exempt from CEQA.

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

Prepared By: Joshua Carvalho, Civil Engineer
Approved Forwarded to Council
Attachments:

A. Existing Ordinance 3_14_78 Ordinance (CCS No. 1085)
B. Proposed Ordinance
C. PowerPoint Presentation

8.A
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Santa Monica City CouncilOctober 24, 2023

Santa Monica City Council
October 24, 2023