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: 11/15/2023 8:41 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: 11/15/2023 8:41 AM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, NOVEMBER 14, 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)
3. CLOSED SESSIONS
3.A. Public Employee Evaluation – Gov. Code Section 54957(b): Performance evaluation of a public employee; Title: City Manager; Gov. Code Section 54957.6: Conference with labor negotiator; City Negotiator: Mayor; Unrepresented employee: City Manager. - New item Received 11/10/2023 The following is the order of business for items to be heard no earlier than 7:00 p.m.
4. SPECIAL AGENDA ITEMS
City of Santa Monica Generated: 11/15/2023 8:41 AM Page 4
4.A. Proclamation: United Against Hate Week
4.B. Transgender Day of Remembrance - New item Received 11/10/2023
4.C. City Manager's Report - Item moved down to 4.C. Formerly Listed as 4.B.
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. Award Agreement to ACTIVE Network, Inc. for a Recreation Management Software System
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Award RFP #351 to The ACTIVE Network Inc. for Recreation Management Software System for the Recreation and Arts Department.
3. Authorize the City Manager to negotiate and execute an agreement with ACTIVE Network, in the amount not-to-exceed $218,265 for the first year, including system enhancements, for an initial term of three years and up to three additional one-year extensions with a not-to-exceed amount of $740,515 over the life of the contract.
5.B. Authorization to Enter into License Agreements for Independent Spirit Awards and LA Wine & Food Festival
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15323 (Class 23 Normal Operations of Facilities for Public Gatherings) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute license agreements with Film Independent (Spirit Awards) and IMG (LA Wine & Food) to use a portion of Lot 1N from February 12, 2024, to March 8, 2024, and again in 2025 during the same time period.
5.C. Adoption of a Resolution Authorizing the City Manager to accept the awarded Sustainable Transportation Planning Grant and execute an agreement with the California Department of Transportation for the Santa Monica Boulevard Safety Enhancement Study
Recommended Action
Staff recommends that the City Council:
City of Santa Monica Generated: 11/15/2023 8:41 AM Page 5
1. Adopt a finding of categorical exemption pursuant to Section 15252 of the California Environmental Quality Act Guidelines.
2. Adopt a resolution authorizing the City Manager to accept a grant awarded in the amount of $522,327, with a required local match of $67,673, from the Caltrans Sustainable Communities Planning Grant Program for the Santa Monica Boulevard Safety Enhancement Study (Attachment A).
3. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals.
4. Authorize and appropriate the required local match of $67,673 from Transportation Impact Fee revenues, for a total project cost of $590,000, as outlined in the Financial Impacts & Budget Actions section of this report.
5.D. Award Request for Proposal to CPS Consulting, Koff and Associates, Inc., and Sloan Sakai Yeung & Wong for As-Needed Classification and Compensation Services
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Award RFP #362 to CPS Consulting, Koff and Associates, Inc., and Sloan Sakai Yeung & Wong LLP for classification and compensation services on an as-needed basis for the Human Resources Department;
3. Authorize the City Manager to negotiate and execute an agreement with CPS Consulting, Koff and Associates, Inc, and Sloan Sakai Yeung & Wong LLP for classification and compensation services on an as-needed basis, for a total aggregate amount for the three agreements, not to exceed $2,000,000 over a five-year period, with future year funding contingent on Council budget approval.
5.E. Award Purchase Orders to Avista Technologies as Primary and King Lee Technologies as Backup for Antiscalant and CIP Chemicals 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 #4461 to Avista Technologies Corporation as the primary vendor for the purchase of antiscalant and clean-in-place (CIP) chemicals; and to King Lee Technologies as the secondary vendor for the purchase of CIP chemicals for the Public Works Department.
3. Authorize the Procurement Manager to issue a purchase order with Avista Technologies Corporation for antiscalant and CIP chemicals for a total amount not to exceed $4,205,000 over a five-year period, with future year funding contingent on Council budget approval.
4. Authorize the Procurement Manager to issue a purchase order with King Lee Technologies for CIP chemicals for a total amount not to exceed $1,600,000 City of Santa Monica Generated: 11/15/2023 8:41 AM Page 6 over a five-year period, with future year funding contingent on Council budget approval.
5.F. Award RFP No. 380 and Enter into an Agreement with Hinderliter, de Llamas & Associates to Provide Sales and Use Tax Audit and Information Services Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Award RFP 380 to Hinderliter, de Llamas & Associates to provide sales and use tax audit and information services for the Finance Department.
3. Authorize the City Manager to negotiate and execute a professional services agreement with Hinderliter, de Llamas & Associates, a California Corporation, in an estimated amount of $516,000 for five years with one three-year renewal option, with future year funding contingent on Council budget approval.
5.G. Approval of Police Canine Retirement
Recommended Action
Staff recommends that the City Council:
1. Authorize the retirement of police service dog Arko from Police service.
2. Authorize Arko be sold to Santa Monica Police Officer Louis Marioni for the sum of one dollar.
3. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines
5.H. Authorize a Purchase Order for the Purchase of Ford Police Interceptor Utility Vehicles for the Police and Fire Departments
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) guidelines.
2. Authorize the Procurement Manager to issue a purchase order with Folsom Lake Ford for the purchase of forty-two Ford Interceptor Utility Vehicles for the Police and Fire Departments. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (c) and is for a total amount not to exceed $3,175,000 (including a 10% contingency) with future year funding contingent on Council budget approval.
5.I. Award Agreement to Lien On Me, Inc. for Workers’ Compensation Medical Bill Review Services
Recommended Action
Staff recommends that the City Council:
City of Santa Monica Generated: 11/15/2023 8:41 AM Page 7
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Award RFP# 367 to Lien On Me Inc. (Lien On Me) for workers’ compensation medical bill review services for the Finance Department;
3. Authorize the City Manager to negotiate and execute an agreement with Lien On Me, in an amount not to exceed $485,000 over a five-year period, with future year funding contingent on Council budget approval.
5.J. Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code Section 2.24.110 and 2.24.220(g)(Master Services Agreements) Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
5.K. Second Reading and Adoption of 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 adultuse cannabis or adult-use cannabis products to persons 21 Years of Age and Over
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
5.L. Second Reading and Adoption of 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
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
5.M. Second Reading and Adoption of an Ordinance to Amend Santa Monica Municipal Code 7.04.880 to Require Wastewater Capacity Studies for New Developments
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
5.N. Second Reading and Adoption of an Ordinance to Amend Santa Monica Municipal Code 7.12.180 to Require Water Capacity Studies for New Developments
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
City of Santa Monica Generated: 11/15/2023 8:41 AM Page 8
5.O. Second Reading and Adoption 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 adopt the attached Ordinance.
5.P. Adoption of a Resolution to Accept Tentative Agreement and Authorize Execution of MOU with AFSCME Local 4819 - New item Received 11/10/2023 Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15324 (Class 24 Regulations of Working Conditions) of the California Environmental Quality Act (CEQA) Guidelines;
2. Adopt the proposed Resolution (Attachment A) accepting the Tentative Agreement (TA) and authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the AFSCME Local 4819, Management Team Association (AFSCME);
3. Adopt the salary schedule (Attachment B); and
4. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.
5.Q. City Council - Regular Meeting - Oct 10, 2023 5:30 PM - New item Received 11/10/2023
5.R. Approval of Cancellation of Regular City Council Meeting for January 9, 2024 - New item Received 11/10/2023
Recommended Action
Staff recommends that the City Council vote to cancel the regular meetings scheduled for January 9, 2024, due to a lack of a quorum.
6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
7. STUDY SESSION
No items
8. CONTINUED ITEMS
No items
9. ADMINISTRATIVE PROCEEDINGS
No items
City of Santa Monica Generated: 11/15/2023 8:41 AM Page 9
10. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)
10.A. Introduction and First Reading of an Ordinance Modifying Santa Monica Municipal Code Chapter 4.04.390 to Prohibit Feeding Animals or Birds on the Pier and the Beach. - New item Received 11/10/2023
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the proposed ordinance is categorically exempt under Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines.
2. Introduce for first reading the attached ordinance amending Santa Monica Municipal Code Section 4.04.390 in its entirety to clarify specific areas and to restrict feeding animals and birds on the Santa Monica Pier and the beach.
11. STAFF ADMINISTRATIVE ITEMS
No items
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
16.A. Recommendation to accept Jonathan Kaplan's resignation from the Landmarks Commission and authorize the City Clerk to publish the vacancy.
16.B. Request of Councilmember Torosis, Councilmember Zwick and Mayor Davis that the City Council support California Proposition 1. - New item Received 11/10/2023
City of Santa Monica Generated: 11/15/2023 8:41 AM Page 10
16.C. Request of Councilmember Zwick, Councilmember Torosis, and Mayor Davis to strengthen the City’s Vision Zero commitment to eliminate all fatal and severe-injury crashes from Santa Monica’s roads in light of the recent tragic fatal crash involving a cyclist on Idaho Avenue. Santa Monica has made great strides in advancing this ambitious goal, yet more work remains to fully realize the initiative. To that end, the City Council directs the City Manager to work with staff to implement the following initiatives to improve roadway safety through what are commonly referred to as the three E’s of transportation safety: engineering, enforcement, and education. - New item Received 11/10/2023
ADJOURNMENT
Agendas and reports are accessible on the City's webpage at www.smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].
Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to [email protected]. Written comments received from the public by 2 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online.
City Hall and the Council Chamber are wheelchair accessible. If you require any special disability related accommodations to either attend or provide public testimony at a Council meeting (i.e. sign language interpreting, access to an amplified sound system, remote option, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917- 6626 or via email at [email protected] at least 72 hours prior to the scheduled meeting. Best efforts shall be made to accommodate requests received after the 72-hour deadline. In the case of special meetings, requests should be submitted as early as possible, but no later than noon the day of the special Council meeting.
Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.
Santa Monica Blue Bus Lines #2, #3, #5, #9 and the EXPO Line serve City Hall. Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).
City Council
Report
City Council Meeting: November 14, 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. 11
1 Xavier Mota
From: Kevin McKeown <[email protected]>
Sent: Friday, November 10, 2023 4:59 PM
To: councilmtgitems
Subject: 11/14 Public comment item 1 (issue not on agenda)
EXTERNAL
————————————
K e v I n M c K e o w n
https://urldefense.com/v3/__http://www.mckeown.net__;!!OfuUnHCITYtmmjM!oTv2m7f3Hqpid0h6D5iAw9etWnoEsZ7 UN2LRFUbtSoRA8a4PlYwuGwQQ0miljtvw9dYbeyMIUlJxgpuN5iD‐PvZeGis$ Choose to be conscious
————————————
ITEM 1.
November 14, 2023
ITEM 1.
November 14, 2023
1.A.a
Packet Pg. 12
Attachment: Written Comments (6152 : Written Comments)
City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 4.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Special Agenda Items Subject: Proclamation: United Against Hate Week
Prepared By: Gilbert Portillo, Administrative Staff Assistant Approved Forwarded to Council
Attachments:
A. Written Comments
4.A
Packet Pg. 13
1 Xavier Mota
From: LWV Santa Monica <[email protected]>
Sent: Sunday, November 12, 2023 9:10 PM
To: councilmtgitems; Gleam Davis; Lana Negrete; Phil Brock; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick
Subject: Special Agenda Item 4a - United Against Hate Week Resolution from League of Women Voters of Santa Monica
Attachments: LWVSM Resolution in Support of United Against Hate Week.pdf
EXTERNAL
Dear Mayor Davis, Mayor Pro‐Tem Negrete, and Members of the Santa Monica City Council.
As we prepare to honor United Against Hate Week, we as the League of Women Voters of Santa Monica, would like to add our voices to yours. Please see the attached Resolution in Support of United Against Hate Week.
We also plan to read this Resolution as a public comment during the Tuesday, Nov. 14, City Council meeting.
In addition, we will be sharing this Resolution with the community in a Press Release, and via our newsletter.
Thank you in advance for bringing this resolution forward.
Warmest,
Angela
Angela D. Scott (she/her), MBA/V
LWVSM | VP Administration
ITEM 4.A.
November 14, 2023
ITEM 4.A.
November 14, 2023
4.A.a
Packet Pg. 14
Attachment: Written Comments (6058 : Proclamation: United Against Hate Week) Resolution in Support of United Against Hate Week (Nov. 12 - 18, 2023) Whereas the League of Women Voters of Santa Monica is committed to fostering a community rooted in respect, inclusivity, and zero tolerance for hate;
Whereas United Against Hate Week held November 12 - 18, 2023, exemplifies our dedication to combating discrimination, intolerance, and bigotry in all its forms;
Whereas we believe in the fundamental right of every individual to live in a community free from hate, fear, and prejudice;
Whereas our support for United Against Hate Week aligns seamlessly with our core values as an organization, which include promoting civic engagement, advocating for voter rights, and actively participating in initiatives that contribute to the well-being of our community; Now, therefore, be it resolved, that the League of Women Voters of Santa Monica stands in wholehearted support of United Against Hate Week; Be it further resolved, that we encourage everyone to join us in this movement, to spread awareness, and to actively engage in conversations that challenge divisive ideologies;
Be it further resolved, that together, we can build a more compassionate and tolerant society, where every voice is heard, and every person is respected; Be it further resolved, that in the spirit of United Against Week, we stand united against hate and work towards a future where understanding and empathy prevail.
Adopted this 12th day of November in the year 2023.
League of Women Voters of Santa Monica
Angela D. Scott Barbara Inatsugu
President Vice-President
ITEM 4.A.
November 14, 2023
ITEM 4.A.
November 14, 2023
4.A.a
Packet Pg. 15
Attachment: Written Comments (6058 : Proclamation: United Against Hate Week) 1 Xavier Mota
From: Joanne Berlin <[email protected]>
Sent: Tuesday, November 14, 2023 7:47 AM
To: councilmtgitems; Gleam Davis; Lana Negrete; Phil Brock; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick
Subject: Special Agenda Item 4a - United Against Hate Week Resolution from CRJ
EXTERNAL
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.
Resolution in Support of United Against Hate Week
Whereas, the Committee for Racial Justice (CRJ) believes in the inherent dignity and equality of all individuals, irrespective of their race, and recognizes the need to combat racial injustice in all its forms, with a particular focus on anti-Black racism, and the need to disrupt ongoing systemically racist policies;
Whereas, CRJ was established in response to a racially charged incident which involved a noose hanging in the wrestling room at Santa Monica High School in 2011, as well as an assault on a Black male student in the locker room – the discovery of which lead to CRJ’s formation and advocacy work that has, over the years, expanded to address in more depth the racism (personal and systemic) still existing in the arenas of education, criminal justice, and housing; Whereas, United Against Hate Week held November 12 - 18, 2023, speaks about dedication to combating discrimination, intolerance, and bigotry in all its forms;
Whereas, CRJ has been actively engaged in advocating for the rights and fair treatment of students of color, addressing the achievement gap, and working to dismantle systemic racism in education; Whereas, CRJ has dedicated its efforts to raising awareness about the systemic nature of racism leading to mass incarceration and racial profiling, in addition to monitoring initiatives such as the SM Public Safety Reform and Oversight Commission to address racial disparities in the criminal justice system;
Whereas, CRJ has consistently advocated for change through protests, press conferences, legal proceedings, and community engagement, fostering an anti-racist agenda in the pursuit of systemic change; ITEM 4.A.
November 14, 2023
ITEM 4.A.
November 14, 2023
4.A.a
Packet Pg. 16
Attachment: Written Comments (6058 : Proclamation: United Against Hate Week) 2 Whereas, CRJ has been committed to continuous education and awareness through monthly workshops and a book group, both aimed at increasing understanding of racism and its eradication; Whereas, the Committee for Racial Justice (CRJ) collaborated with the Black Advocates to formulate the Black Apology, successfully adopted by the City Council on November 15, 2022, formally apologizing to Santa Monica's Black residents and their descendants for the City's historical racist actions;
Whereas, CRJ remains steadfast in its commitment to collaborating with the Santa Monica Black Advocates and City Council to ensure the mitigation of the pain caused by many decades of racial injustice and discrimination in Santa Monica against Blacks and other people of color;
Therefore, be it finally resolved, that we, the Committee for Racial Justice (CRJ), express our support for United Against Hate Week, standing in solidarity with the City of Santa Monica in any efforts made to combat racial injustice and promote equity in our community.
Adopted this 12th day of November in the year 2023 by the CRJ steering committee.
ITEM 4.A.
November 14, 2023
ITEM 4.A.
November 14, 2023
4.A.a
Packet Pg. 17
Attachment: Written Comments (6058 : Proclamation: United Against Hate Week) City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 4.B
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Special Agenda Items Subject: Transgender Day of Remembrance
Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
4.B
Packet Pg. 18
City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 4.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
4.C
Packet Pg. 19
City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 5.A
1 of 5
To: Mayor and City Council
From: Jenny Rogers, Recreation and Arts Director, Recreation and Arts Department Subject: Award Agreement to ACTIVE Network, Inc. for a Recreation Management Software System
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Award RFP #351 to The ACTIVE Network Inc. for Recreation Management Software System for the Recreation and Arts Department.
3. Authorize the City Manager to negotiate and execute an agreement with ACTIVE Network, in the amount not-to-exceed $218,265 for the first year, including system enhancements, for an initial term of three years and up to three additional one-year extensions with a not-to-exceed amount of $740,515 over the life of the contract.
Executive Summary
Santa Monica offers a wide array of recreational and educational programming as well as facilities and open spaces in support of health, fitness, life-long learning, community connection, and well-being. Multiple City departments rely on a recreation management software system as the interface by which community members sign up for activities and programming, reserve spaces, and pay for services. The City invited proposals from qualified entities interested in providing, installing, training, and supporting City staff in the use and implementation of a Recreation Management Software solution.
Staff recommends awarding RFP #351 and entering into an agreement with The ACTIVE Network Inc. (ACTIVE Net) to provide a cloud-based, hosted, recreation
5.A
Packet Pg. 20
2 of 5
management software system. Annual operating costs will include base system licensing, addition of the new ACTIVE App, enhanced technical support, and ongoing staff training at a cost of approximately $90,700 in the first year, but will not exceed $109,700 in any one year of the contract. Additionally, the contract price for the first year would include a onetime investment of $127,565 in the first year that would allow the City to invest in system enhancements to improve customer experience and streamline business practices. Staff seeks authority to negotiate a contract for an initial term of three years with up to three additional one-year extensions, contingent upon ACTIVE Network Inc. agreeing to the City’s terms. The continuation of the contract will be at the City’s sole discretion.
Discussion
The Recreation and Arts Department, Housing and Human Services Department, and Department of Transportation oversee the bike center, 20 lighted multi-purpose athletic fields (baseball/softball and soccer), two gymnasiums, three aquatic facilities, the Annenberg Community Beach House, Virginia Avenue Park, Santa Monica State Beach, and many other recreational venues. These facilities provide over 150 amenities that generate over 10,000 visitors per day, over 140,000 hours of facility use permits, and attract over 80,000 hours of programming annually. A recreation management system is the customer-facing interface and access point to these amenities and supports daily program administration, activity registration, facility and field reservations and rentals, membership functions, payment processing, data collection, and reporting.
A multi-department team conducted a comprehensive needs assessment and selection process, evaluating systems available from a variety of vendors. ACTIVE Net was selected as the best bidder. ACTIVE Net is the City’s current Recreation Management System provider and provides a web-based, hosted, recreation management software system. The system allows community members to search and register for activities such as youth swim lessons, fitness memberships, adult sport leagues, contractor led camps and classes and after-school programming, including CREST enrichment
5.A
Packet Pg. 21
3 of 5
classes. Staff use the system to reserve park facility meeting rooms, tennis courts, swim lanes, and BBQ areas for users. The system is also used to manage program participants by creating program rosters, attendance records, waitlists, and instructor payment records. Additionally, it hosts secondary registration documents including informed consent/liability waivers and heath forms. Permitting for community events and other municipal functions occurs in dedicated and separate systems. It is not feasible for the Recreation Management Software solution to absorb community events and other permitting functions.
ACTIVE Net is a long-time industry leader in Recreation Management with over 20 years of experience across a variety of recreation-based businesses. As ACTIVE Net is the City’s current Recreation Management Software system, funding would be directed towards improving and enhancing the customer experience. This would include the purchase of a ‘Business Process Assessment’ (BPA) to be performed by a senior ACTIVE consultant, focusing on streamlining staff operations and consumer experiences, understanding automation and integration opportunities, and maximizing return on investment (ROI). The primary goal is to ensure efficient utilization of the system. Funds would also be spent on additional staff certifications and trainings, the implementation and annual subscription to the ACTIVE app for improved customer service and an ACTIVE technical account manager to provide increased technical support to staff. ACTIVE Net continues to improve system functionality to better serve and connect users to the activities they are searching for, using any device. The contract not -to -exceed amount would also include funding for necessary equipment and ongoing replacement of equipment as needed.
Vendor Selection
Bidder Recommendation
Best Qualified Firm ACTIVE Network, Inc.
Evaluation Criteria Proposals were evaluated on experience, references, workplans, price, breadth of service, scope of solution, product demonstration, technology alignment,
5.A
Packet Pg. 22
4 of 5
quality of the services, ability, capacity, and skill of the proposer to provide the services.
Municipal Code SMMC 2.24.180
RFPs Received
ACTIVE Network, Inc. Amilia Technologies USA Inc. C9XPERTS CORP CivicPlus,LLC Curacubby DaySmart Recreation Kaizen Laboratories Inc. PerfectMind Inc.
RecDesk, LLC US eDirect Inc. Vermont Systems
RFP Data
Date Posted Posted On Advertise In
Vendors
Downloaded
Date Publicly
Opened
03/14/2023 City’s Online
Bidding Site Santa Monica Daily Press 38 05/15/2023
Justification to Award
Based on the evaluation criteria listed above and the criteria in SMMC 2.24.180, staff recommends ACTIVE Network, Inc. as the best qualified firm to provide Recreation Management Software based on previous experience working with the City, their ability to deliver quality services, their compliance with all City specifications, and fair pricing.
Environmental Review
This contract for the software system is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines. The award 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 provide the City with a recreation management software system. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to award a Services Agreement with ACTIVE Network, Inc. for a Recreation Management Software System.
5.A
Packet Pg. 23
5 of 5
Contract Request
Account
FY 2023-24 Budget
Request Amount Future Years’ Amount Total Contract Amount C0108350.689000 $100,000 -- $100,000
01430002.529230 $118,265 $522,250 $640,515
Total $740,515
Future year funding is contingent on Council budget approval.
Prepared By: Jeanette Gant, Community Recreation Manager Approved Forwarded to Council
Attachments:
A. FY2324_OAKS_Initiative_Form
5.A
Packet Pg. 24
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.
DocuSign Envelope ID: E590CC0A-491C-4EDE-8536-A46B3F4DE1DB
5.A.a
Packet Pg. 25
Attachment: FY2324_OAKS_Initiative_Form (5929 : Award Bid to ActiveNet for Recreation Mgmt Software)
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 # Active Network, LLC VEPF IV AIV VII-C Corp. David Green - President, Secretary, and Treasurer DocuSign Envelope ID: E590CC0A-491C-4EDE-8536-A46B3F4DE1DB 6/1/2023 | 4:19 PM CDT
[email protected] 515-441-6255
Vice President, Sales Randy Skemp
5.A.a
Packet Pg. 26
Attachment: FY2324_OAKS_Initiative_Form (5929 : Award Bid to ActiveNet for Recreation Mgmt Software) City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 5.B
1 of 5
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Authorization to Enter into License Agreements for Independent Spirit Awards and LA Wine & Food Festival
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15323 (Class 23 Normal Operations of Facilities for Public Gatherings) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute license agreements with Film Independent (Spirit Awards) and IMG (LA Wine & Food) to use a portion of Lot 1N from February 12, 2024, to March 8, 2024, and again in 2025 during the same time period.
Summary
In accordance with the 1550 PCH Parking Lot Cultural/Entertainment Event Policy, staff issued a Request for Proposals (RFP) for cultural or entertainment events in Lot 1-North located at 1550 Pacific Coast Highway, the surface parking lot directly north of the Pier.
Film Independent submitted a proposal for the Independent Spirit Awards (ISA) to be held on February 25, 2024, and IMG submitted a proposal for LA Wine & Food Festival (LAWFF) to be held over three-days, March 1-3, 2024, using the ISA’s tent and site footprint. The site occupation would last approximately three weeks to accommodate the load-in and construction of the event tent followed by a week of demobilization after the events conclude. The 1550 Lot Event Policy allows for multi-year event proposals, therefore staff also recommends the approval for the ISA and LAWFF to return in
5.B
Packet Pg. 27
2 of 5
February and March 2025 (exact dates to be determined) at the City’s sole discretion.
The rental fee revenue coming into the Beach Fund would be $173,255 for FY 2023-24.
Discussion
The 1550 Lot Cultural/Entertainment Event Policy was initiated as a means to enliven the beachfront and attract visitors during the slower times of the year. It was also intended to offer unique cultural and entertainment opportunities to the community and economic benefits for the City and tourism/hospitality sectors. In 2018 the Community Events Site Guidelines were revised to close the 1550 Beach Parking Lot as an event forum and only large events that are approved through the 1550 Lot Event Policy and RFP process are permitted.
The City issued a call for proposals in June 2023 and received three responses by the deadline. The evaluation panel consisted of representatives from Santa Monica Travel and Tourism, Santa Monica Pier Corporation, Office of the City Manager, and Office of Pier Management. The evaluation panel reviewed and rated the proposals using the evaluation criteria published in the RFP. The panel recommended the City negotiate a license agreement with the producers of the Independent Spirit Awards and LA Wine & Food Festival. A third proposal from Cirque du Soleil is currently under evaluation by the panel and a recommendation may be brought to Council at a later date.
Spirit Awards: For the last 27 years Film Independent’s Spirit Awards has taken place beachside in Santa Monica. The event was initially in beach lot 4-S (2030 Ocean Avenue) and then in beach lot 1-N (1550 PCH) when the Community Events Site Guidelines closed the south beach lots as event venues. The Spirit Awards is the premier awards event that honors the independent film and television community and brings together creatives from throughout the world. The Spirit Awards provides direct economic benefit through the rental fee that includes a square foot fee for the amount of space occupied plus lost parking revenue. In addition, ISA will generate direct revenue to the City from hotel room fees and local sales tax revenue generated from guests attending the event as well as those who are nominated for awards. Additionally, the
5.B
Packet Pg. 28
3 of 5
ISA staff will purchase meals on the Pier during the two week set up period and one week demobilization. Film Independent hosts additional nomination events leading up to the awards as well as an after party in Santa Monica and intends to do so again for the 2024 show.
LA Wine & Food: IMG is a global event, entertainment and media firm that operates in more than 30 countries. IMG is the owner of Taste Festivals and Frieze Art Festivals.
The three-day LAWFF would be a new event from IMG designed to bring together the best of Los Angeles’s dining scene and allow guests to sample dishes and drinks from local culinary talent. The festival will take place in the tent installed by Film Independent for the Spirit Awards show. Upon conclusion of the food festival on March 3, Film Independent would begin demobilization of the site.
LAWFF producers have agreed to integrate Santa Monica based chefs, collaborate with the City’s Farmers’ Markets to source produce and look for opportunities to cross promote with Pier businesses. The timing of the LAWFF event would also correspond with Frieze-LA event taking place at the Santa Monica Airport, allowing event producers to tie-in the festivals and promote Santa Monica as destination for both food and art.
In addition to the site rental fee, both events will be responsible for the payment of fees for permits, licenses and services required to support their respective events.
LAWFF intends to emulate the traffic management plan developed and utilized by the ISA which has attendees and staff parking off site and taking a shuttle to the 1550 lot.
RFP Selection Process
Bidder Recommendation
Best Qualified Person/Firms Film Independent and IMG
Evaluation Criteria Unique cultural or entertainment experience, economic benefit, rental fee, balance of space and
duration, traffic and parking impact mitigation
measures, neighborhood impacts, environmental
impacts, limits concessions/services in direct
competition with Santa Monica Pier, exhibition style
5.B
Packet Pg. 29
4 of 5
vs. timed event, educational outreach, sufficient
planning time.
Municipal Code SMMC 2.24.180
RFP Received
Film Independent (recommended)
IMG (recommended)
Cirque Du Soleil (under review)
RFP DATA
Posted On Posted On Advertised in (City
Charter & SMMC)
Vendors
Downloaded
RFP Due Date
6/6/2023 City’s
Online Bidding Site
Santa Monica
Daily Press
13 6/30/2023
Justification to Award
The Film Independent (ISA) and IMG (LAWFF) proposals were evaluated and ranked based on the degree to which the event offers a unique cultural or entertainment experience; demonstrates clear measurable economic benefit to the City and local businesses, including Pier; and contains a rental fee that significantly contributes to the City’s Beach Fund, among additional criteria outlined in the RFP.
Environmental Review
The event is categorically exempt pursuant to Section 15323 (Class 23 Normal Operations of Facilities for Public Gatherings) of the California Environmental Quality Act (CEQA) guidelines. Class 23 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. The lot 1N (1550 PCH) Parking lot has been previously used for special events, and therefore, the proposed events are categorically exempt from CEQA.
Commission Action
The ISA and LAWFF event producers met with the Santa Monica Pier Lessees Association (SMPLA) on September 5, 2023, and the Santa Monica Pier Corporation Board of Directors (SMPC) on September 18, 2023. A motion to have the SMPC Board
5.B
Packet Pg. 30
5 of 5
express their support for these events moving forward into the planning and development process with the City passed unanimously.
Past Council Actions
Meeting Date Description
May 26, 2020 Award Request for Proposal and enter into Agreement with Film Independent for the Independent Spirit Awards (2021, 2022 and 2023)
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. The City would receive $173,255 in revenues for the use of lot 1N.
Revenues will be deposited in Beach Fund Account 11700001.415290.
Prepared By: Elana Buegoff, Pier Administrator
Approved Forwarded to Council
Attachments:
A. Film Independent_Signed_OAKS INITIATIVE_2023
B. IMG OAKS INITIATIVE FORM
5.B
Packet Pg. 31
5.B.a
Packet Pg. 32
Attachment: Film Independent_Signed_OAKS INITIATIVE_2023 (6000 : Authorization to Execute a License Agreements with Independent Spirit
5.B.a
Packet Pg. 33
Attachment: Film Independent_Signed_OAKS INITIATIVE_2023 (6000 : Authorization to Execute a License Agreements with Independent Spirit
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.
5.B.b
Packet Pg. 34
Attachment: IMG OAKS INITIATIVE FORM (6000 : Authorization to Execute a License Agreements with Independent Spirit Awards and LA Food
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 #
5.B.b
Packet Pg. 35
Attachment: IMG OAKS INITIATIVE FORM (6000 : Authorization to Execute a License Agreements with Independent Spirit Awards and LA Food City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 5.C
1 of 5
To: Mayor and City Council
From: Anuj Gupta, Interim Director of Transportation, Mobility (DOT) Subject: Adoption of a Resolution Authorizing the City Manager to accept the awarded Sustainable Transportation Planning Grant and execute an agreement with the California Department of Transportation for the Santa Monica Boulevard Safety Enhancement Study
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15252 of the California Environmental Quality Act Guidelines.
2. Adopt a resolution authorizing the City Manager to accept a grant awarded in the amount of $522,327, with a required local match of $67,673, from the Caltrans Sustainable Communities Planning Grant Program for the Santa Monica Boulevard Safety Enhancement Study (Attachment A).
3. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals.
4. Authorize and appropriate the required local match of $67,673 from Transportation Impact Fee revenues, for a total project cost of $590,000, as outlined in the Financial Impacts & Budget Actions section of this report.
Summary
Santa Monica’s Department of Transportation (DOT) continues to advance Vision Zero safety improvements, which will help achieve the City’s priorities of Clean and Safe and Sustainable and Connected Community, and the City Council’s Vision Zero commitment to eliminate fatalities and serious injuries caused by traffic collisions by 2026. The California Department of Transportation (Caltrans) Sustainable Communities Planning Grant Program is a competitive grant program that provides funding for transportation and land use planning projects to reduce transportation-related GHG emissions. On March 9, 2023, staff submitted an application to Caltrans for the Santa Monica
5.C
Packet Pg. 36
2 of 5
Boulevard Safety Enhancement Study to evaluate collisions and identify targeted safety enhancements along the Santa Monica Boulevard corridor. The application was prepared based on the priorities of the City Council’s adopted plans and programs. On August 31, 2023, the City was awarded $522,327 in grant funds. Staff is requesting authorization to accept the grant funds and budget the required local match of $67,673 from Transportation Impact Fee (TIF) revenues, for a total project cost of $590,000.
Discussion
Santa Monica Boulevard is one of the City’s principal east-west arterial roads with an abundance of connections to transit, jobs, housing, services, and destinations along this active and developed corridor. As part of Santa Monica’s Vision Zero program, the City analyzed eleven years of crash data to create a “Priority Network” to prioritize roadway safety enhancements. In the analyzed period from 2006 to 2016, the 2.4-mile Santa Monica Boulevard corridor was identified as a priority corridor that experienced 8 fatal or severe injury crashes.
In 2022, the City completed its Local Roadway Safety Plan (LRSP), which analyzes the most recently available crash data to further prioritize safety improvements (Attachment B). During the analysis period of 2015 to 2019, Santa Monica Boulevard was once again identified as a priority corridor that experienced 206 crashes resulting in 1 fatality and 9 severe injuries. The LRSP identified six intersections (three signalized and three unsignalized) along Santa Monica Boulevard as priority intersections.
Recognizing the importance and potential of Santa Monica Boulevard, the City’s Land Use and Circulation Element (LUCE) calls for the transformation of the corridor into a pedestrian-preferred transit street with a mix of local-serving commercial and retail uses, housing, and regional healthcare services; emphasizing the need for enhanced sidewalks, crosswalks, streetscape, and transit amenities that provide for safe and accessible linkages and encouraging active modes. Building on this vision, the 2016 Pedestrian Action Plan (PAP) recognized a high density of destinations along the corridor that include: community amenities such as the Santa Monica Main Public Library, Santa Monica College Performing Arts Center, McKinley Elementary School,
5.C
Packet Pg. 37
3 of 5
high-density residential in the Mid-City and Downtown neighborhoods; and high-density employment such as the Downtown, Santa Monica UCLA Medical Center, and Providence Saint John’s Health Center.
To improve access to the activity centers, the PAP identified pedestrian safety enhancements along Santa Monica Boulevard as priority projects to be completed within 15 years. Additionally, Big Blue Bus and Metro bus services provide a critical transportation link between activity centers, and the corridor is within walking distance of three L.A. Metro E-line train stations, with the Downtown Santa Monica and 17th St.- SMC stations, and Bergamot station, being located a 1/4-mile and 1/2-mile south of the corridor, respectively.
The Santa Monica Boulevard Safety Study will mimic the process of the Wilshire Boulevard Safety Study (Attachment C), of which Phase 1 is currently being completed, and Phase 2 has recently been funded by a Caltrans Active Transportation Program Grant. The Study will identify targeted safety enhancements through a data-driven assessment of crash reports, and extensive engagement with first responders and the community. The outcome will be a community-supported safety plan with specific recommendations for cost-effective, multi-modal safety measures and transit enhancements for immediate implementation, identification of future measures that will require further engineering and design, and a clear plan for funding and implementation.
Through a robust public outreach process, the project will build on the extensive outreach and community engagement of prior planning efforts (i.e., LUCE, PAP, Bike Action Plan Amendment, and Wilshire Safety Enhancement Study). Engagement will include, but not be limited to, meetings with neighborhood organizations, public hearings, workshops, walk audits, noticing (via website, local paper, local organization mailing/email lists, newsletters), and online outreach tools.
Next Steps
If Council adopts the resolution to accept the Sustainable Communities Planning Grant, Caltrans will issue a notice to proceed allowing project activities to begin after January 1, 2024. Thereafter, staff would release a Request for Proposals to procure a
5.C
Packet Pg. 38
4 of 5
transportation design and engineering consultant to assist the City in conducting the Santa Monica Boulevard Safety Enhancement Study. Staff would return to Council to award the Professional Service Agreement for transportation and engineering design services in Winter/Spring 2024. The project would be anticipated to begin in May 2024.
Environmental Review
Preparation of the Santa Monica Boulevard Safety Study is exempt from CEQA pursuant to Section 15252 (Feasibility and Planning Studies) which exempts feasibility and planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded. The study will identify safety enhancements through analysis and outreach. Implementation of the improvements identified in the study would be subject to future environmental review and approval. Therefore, acceptance of the grant to conduct the study is exempt pursuant to Section 15262.
Financial Impacts and Budget Actions
Staff seeks the adoption of the resolution to accept the Caltrans Sustainable Communities grant for $522,327 that will require local match of $67,673 from Transportation Impact Fees (TIF) revenues, for a total project cost of $590,000.
Staff seeks authority to accept the Caltrans Sustainable Communities Planning Grant for the Santa Monica Boulevard Safety Enhancement Study and appropriate funds for the required local match of $67,673 from TIF revenues.
FY 2023-24 Grant Budget Changes
Establish Revenue Budget Appropriate Funds
Account Number(s) Amount Account Number(s) Amount
20600XXX.XXXXXX 522,327 20600XXX.XXXXXX $522,327
1060000X.XXXXXX 67,673
Total 522,327 Total $590,000
If renewals are awarded, budget changes will be included in subsequent year budgets, contingent on Council budget approval.
5.C
Packet Pg. 39
5 of 5
Prepared By: Kyle Kozar, Principal Transportation Planner Approved Forwarded to Council
Attachments:
A. Santa Monica Local Roadway Safety Plan (Web Link)
B. Wilshire Boulevard Safety Study (Web Link)
C. DOT Grant Acceptance Resolution
D. Written Comments
5.C
Packet Pg. 40
1 City Council Meeting: November 14, 2023 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA TO AUTHORIZE THE CITY MANAGER TO ACCEPT A GRANT AWARDED IN THE AMOUNT OF $522,327, WITH A REQUIRED LOCAL MATCH OF $67,673, FROM THE CALTRANS SUSTAINABLE COMMUNITIES
PLANNING GRANT PROGRAM FOR THE SANTA MONICA BOULEVARD SAFETY
ENHANCEMENT STUDY, AND TO EXECUTE ALL NECESSARY DOCUMENTS TO ACCEPT THE GRANT AND ALL GRANT RENEWALS.
WHEREAS, the City of Santa Monica’s (City) continues to advance Vision Zero safety improvements, which will help achieve the City’s priorities of Clean and Safe and Sustainable and Connected Community; and the City Council’s Vision Zero commitment to eliminate fatalities and serious injuries caused by traffic collisions by 2026; and WHEREAS, the Caltrans Sustainable Communities Planning Grant Program (Grant Program) is a competitive grant program that provides funding for transportation and land use planning projects to reduce transportation-related GHG emissions; and WHEREAS, on March 9, 2023, City staff submitted an application for the Santa Monica Boulevard Safety Enhancement Study to evaluate collisions and identify targeted safety enhancements along the Santa Monica Boulevard corridor, and the application was prepared based on priorities of the City Council’s adopted plans and programs; and
5.C.c
Packet Pg. 41
Attachment: DOT Grant Acceptance Resolution [Revision 1] (6025 : Santa Monica Boulevard Safety Enhancement Study Grant Acceptance 2 WHEREAS, on August 31, 2023, the City was awarded $522,327 in Grant Program funds, with the payment of such funds contingent on the City Council adopting a resolution authorizing acceptance the Grant Program funds and appropriating a local match of $67,673 from Transportation Impact Fee (TIF) revenues, for a total project cost of $590,000.
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 accepts the Grant Program funds in the amount of $522,327 for the Santa Monica Boulevard Safety Enhancement Study. The City Council also appropriates a local match of $67,673 from Transportation Impact Fee revenues, for a total project cost of $590,000.
SECTION 2. The City Council authorizes the City Manager, or designee, to negotiate and execute all agreements, amendments, and renewals thereto pertaining to the Grant Program Funds.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
Doug Sloan
City Attorney
5.C.c
Packet Pg. 42
Attachment: DOT Grant Acceptance Resolution [Revision 1] (6025 : Santa Monica Boulevard Safety Enhancement Study Grant Acceptance 1 Xavier Mota
From: Caro Vilain <[email protected]>
Sent: Monday, November 13, 2023 12:13 PM
To: councilmtgitems
Subject: Support for item 5C
EXTERNAL
Dear council,
I’d like to share my support for item 5C.
As someone who lives right off of Santa Monica Blvd, I can’t stress enough how incredibly unsafe it is.
Just on my block, I’ve witnessed multiple traffic collisions, caused by cars making unsafe left turns onto my street (so that they can then cut through and speed, in front of a preschool), by cars running lights, by cars speeding, by drunk drivers,...
We also regularly hear and see drivers using it as a race track at night.
Either I’m walking or biking, I often find myself taking detours just so I don't have to cross Santa Monica Blvd on my block, because the flashing beacon on my block simply doesn’t do much of anything to stop or even slow drivers on this race track. But even when I cross at a light, cars make reckless right turns, and run the light.
I’d love to see right turns only/ left turn restrictions at unsignalized intersections (similar to Wilshire). And truly, I’d love to see a dedicated bus lane, either on Santa Monica Blvd or on Wilshire. We can’t keep dedicating these boulevards to cars only, and expect them not to be incredibly unsafe. We’ve done enough of that to know that it doesn’t work, for anyone, especially considering the large amount of businesses and health care facilities located on these corridors.
Let’s put this grant to good use.
Thank you,
Caro Vilain
90404
ITEM 5.C.
November 14, 2023
ITEM 5.C.
November 14, 2023
5.C.d
Packet Pg. 43
Attachment: Written Comments [Revision 1] (6025 : Santa Monica Boulevard Safety Enhancement Study Grant Acceptance Resolution) 1 Xavier Mota
From: Cynthia Rose <[email protected]>
Sent: Tuesday, November 14, 2023 12:30 PM
To: councilmtgitems; Council Mailbox; Gleam Davis; Jesse Zwick; Caroline Torosis; Lana Negrete; Oscar de la Torre; Phil Brock; Christine Parra; David White
Cc: [email protected]; Anuj Gupta
Subject: Support Agenda Item 5C
Attachments: 2023- CC Support Item 5C SM Blvd Safety Study Grant.pdf
EXTERNAL
Dear Santa Monica Mayor Davis and City Council,
Please see the attached letter from Santa Monica Spoke and the Santa Monica Safe Streets Alliance in support of agenda Item 5C.
‐‐
Cynthia Rose
Director
Santa Monica Spoke
SMSpoke.org
ITEM 5.C.
November 14, 2023
ITEM 5.C.
November 14, 2023
5.C.d
Packet Pg. 44
Attachment: Written Comments [Revision 1] (6025 : Santa Monica Boulevard Safety Enhancement Study Grant Acceptance Resolution) A community group dedicated
to biking and walking in Santa Monica.
Working to make the
City of Santa Monica a
more sustainable,
bikeable & walkable place to live, work and play.
November 14, 2023
Support: Agenda Item 5C, Caltrans Sustainable Communities Planning Grant Program for the Santa Monica Boulevard Safety Enhancement Study
Dear Santa Monica Mayor Davis and City Council,
Santa Monica Spoke and the Santa Monica Safe Streets Alliance fully support agenda Item 5C to adopt a resolution to accept a grant from the Caltrans Sustainable Communities Planning Grant Program for the Santa Monica Boulevard Safety Enhancement Study to advance Vision Zero safety improvements.
Like the Wilshire Blvd Safety Study, this second safety grant will help set an important foundation to build on achieving the City’s priorities of Clean, Safe, Sustainable and Connected Community, and Santa Monica’s Vision Zero commitment to eliminate preventable fatalities and serious injuries caused by traffic collisions by 2026.
Thank you in advance for supporting staff's initiative and for Council's leadership moving our community toward a safer, more equitable and connected Santa Monica!
Sincerely,
Cynthia Rose
Director, Santa Monica Spoke Cris Gutierrez
Co-Chair, Santa Monica Safe Street Alliance Co-Chair, Santa Monica Safe Streets Alliance SMSpoke.org
SaMoSafeStreets.org
ITEM 5.C.
November 14, 2023
ITEM 5.C.
November 14, 2023
5.C.d
Packet Pg. 45
Attachment: Written Comments [Revision 1] (6025 : Santa Monica Boulevard Safety Enhancement Study Grant Acceptance Resolution) City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 5.D
1 of 5
To: Mayor and City Council
From: Oles Gordeev, Acting Director of Human Resources, Human Resources Department
Subject: Award Request for Proposal to CPS Consulting, Koff and Associates, Inc., and Sloan Sakai Yeung & Wong for As-Needed Classification and Compensation Services
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Award RFP #362 to CPS Consulting, Koff and Associates, Inc., and Sloan Sakai Yeung & Wong LLP for classification and compensation services on an asneeded basis for the Human Resources Department;
3. Authorize the City Manager to negotiate and execute an agreement with CPS Consulting, Koff and Associates, Inc, and Sloan Sakai Yeung & Wong LLP for classification and compensation services on an as-needed basis, for a total aggregate amount for the three agreements, not to exceed $2,000,000 over a five-year period, with future year funding contingent on Council budget approval.
Summary
The Human Resources Department (HR) is requesting Council approval to execute three agreements for as-needed classification and compensation services to address the anticipated increase in workload associated with staffing changes; help meet statutory and negotiated Memorandum of Understanding (MOU) requirements; and support ongoing operational needs associated with maintaining the City’s classification and pay plans, including the administration of position classification and compensation studies. Additionally, such services would better enable the City to be responsive to a
5.D
Packet Pg. 46
2 of 5
previous Moss Adams audit recommendation related to the maintenance of the classification plan. The use of these as-needed services varies on an annual basis; therefore, HR seeks approval to enter into agreements with three firms to ensure appropriate resources are in place to conduct such work as the need arises. The projected aggregate not to exceed amount of the services would not exceed $2,000,000 over a five-year period. The services would be paid for with existing budget in Human Resources Department and by other departments depending on the work required.
Discussion
Human Resources oversees the regular maintenance of classification and pay plans to ensure employees are paid appropriately for the work performed and to provide for the effective recruitment and retention of a qualified workforce. Additionally, regular maintenance helps ensure compliance with associated Charter and Municipal Code requirements, union agreements, and other regulations, thereby reducing the risk of potential legal and labor-related challenges. The City is anticipating an increase in classification and compensation work over the next five years as City leadership looks to review and modify organizational structures, update outdated classification specifications prior to initiating recruitments, address an increased demand for compensation studies initiated by employees and management, and be responsive to audit recommendations associated with the maintenance of the classification plan.
5.D
Packet Pg. 47
3 of 5
As departmental needs arise, requests for these services are made through the Human Resources Department which is responsible for overseeing the work, and the Human Resources Department ensures appropriate resources are in place to conduct such work. Should Human Resources staff be unable to complete the work due to competing priorities, staff will work with the requesting department to assess the need and select from the list of pre-approved vendors/consulting agencies to fulfill the solicitation. Before engaging with vendors, Human Resources will have partnered with requesting departments for approval to pay for these services from their existing departmental budgets provided Human Resources cannot cover the expense.
Staff prepared and posted an RFP that detailed the City’s requirements for the associated work. The City received five proposals from which three firms were selected in consideration of their expertise and ability to deliver the level of services that may be required of the City.
Vendor Selection
Bidder Recommendation
Best Qualified
Person/Firm
CPS Consulting; Koff and Associates, Inc; and Sloan Sakai Yeung & Wong LLP
Evaluation Criteria Experience, value add/breadth of service, cost, presentation/demonstration, and project team.
Municipal Code SMMC 2.24.190
RFPs Received
CPS Consulting John Braden-Kaneski Koff and Associates, Inc
Sloan Sakai Yeung &
Wong LLP
Transformance
Consulting
RFP Data
Posted On Posted On
Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
5.D
Packet Pg. 48
4 of 5
05/08/2023 City’s Online
Bidding Site Santa Monica Daily Press 22 05/22/2023
Justification to Award
Staff evaluated proposals from the five firms. Based on the evaluation criteria, including prior successful projects completed by the firms, their ability to meet the City’s specific needs, and criteria in SMMC 2.24.190, staff recommends CPS Consulting, Koff and Associates, Inc, and Sloan Sakai Yeung & Wong LLP as the best qualified firms to provide as-needed classification and compensation services based on experience, value added/breadth of service, cost, presentation/demonstration, and project team.
Having three vendors to work with will allow for the City to assign projects in consideration of projected cost, familiarity with the area being assessed, and availability.
Environmental Impact
The agreement for ongoing classification and compensation services is exempt pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines, which states that CEQA does not apply, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The agreement would provide administrative services to the City and would not result in physical effects. Therefore, it can be seen with certainty that the contract would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.
Financial Impacts and Budget Actions
5.D
Packet Pg. 49
5 of 5
Staff seeks authority to approve funding from the General Fund and various other funds to award agreements with CPS Consulting, Koff and Associates, Inc, and Sloan Sakai Yeung & Wong LLP for classification and compensation services in an aggregate amount not to exceed $2,000,000 for all three agreements. The firms understand that the agreements are for as-needed services, not committed expenses, designed to allow the City to be responsive to legal and operational needs. The costs of the services will be covered using existing budgeted funds within the requesting departments and the Human Resources budget.
Contract Request
FY 2023/24 Budget
Amount
Future Year
Amount Department Account # Total Contract
Amount
$400,000 $1,600,000
01130002.552010 and
various department
accounts as needed
$2,000,000
Future year funding is contingent on Council budget approval.
Prepared By: Sasha Sargent, Executive Administrative Assistant Approved Forwarded to Council
Attachments:
A. Gallagher Benefit Services, Inc- OAKS
B. Sloan Sakai Yeung & Wong- OAKS
C. CPS HR Consulting- OAKS
5.D
Packet Pg. 50
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY:
Bid/PO/Contract # ____________________________ Permit # ___________________________ We have provided our list of corporate officers on the next pages.
Frank Rojas Recruitment Manager
05/15/23
[email protected] 510.495.0448
Gallagher Benefit Services, Inc.
None.
5.D.a
Packet Pg. 51
Attachment: Gallagher Benefit Services, Inc- OAKS (6029 : Consulting for As-Needed Classification and Compensation Services)
GALLAGHER BENEFIT SERVICES, INC.
Delaware
Entity Vitals
Entity Name GALLAGHER BENEFIT SERVICES, INC.
Domestic Jurisdiction Delaw are
Country United States
Entity Type Corporation
Formation Date 04-20-1999
Federal Tax ID 36-4291971
Status Active - Non Dormant
Registered Agent Corporation Service Company
Acronym GBS
Business Group GBS
Business Purpose Insurance Agency and Brokerage
Fiscal Year End December 31
Management Structure
Management Name Title Title Role
Caraher, John J. Director Director
Ziebell, William F. Director Director
Belmont, Thomas J. Jr. Executive Vice President Officer Caraher, John J. Executive Vice President and Chief Financial Officer Officer Cary, Richard C. Controller Officer
Dow ning, James Chief Information Officer Officer
Durkin, James W. Jr. Chairman Officer
Figge, Fred Vice President Carrier Relationships Officer Gregory, Scott Executive Vice President Officer
Hanes-Dow d, April J. Secretary Officer
Hanner, Jerome S. Vice President Officer
Hernandez, Anthony F. Chief Operating Officer Officer
Hinton, Patricia E. Assistant Treasurer Officer
Hinton, Patricia E. Vice President - Global Cash Management Officer Lannen, Thomas A. Executive Vice President Officer
Lemenager, Leslie Vice President - International Officer McClary, Amy G. Vice President - Global Tax Officer
Murray, James J. Jr. Executive Vice President Officer
Nadeau, Christopher Executive Vice President Officer
Neumaier, E. John Executive Vice President Officer
O'Reilly, Elizabeth Vice President of Finance Officer
Petry, Nita L. Executive Vice President Officer
Reed, Jon Assistant Secretary Officer
Riojas, Joe Vice President Officer
Roberts, Jerry C. Division Vice President Officer
Ryder, Jennifer Assistant Secretary Officer
5.D.a
Packet Pg. 52
Attachment: Gallagher Benefit Services, Inc- OAKS (6029 : Consulting for As-Needed Classification and
Ryder, Jennifer Executive Vice President and General Counsel Officer Setlak, Stacy Vice President of Human Resources Officer Skirvin, Theodore A. II Treasurer Officer
Tournet, John H. Executive Vice President Officer
Van der Vliet, Russell Assistant Vice President of Tax Officer Walsh, Sara Assistant Treasurer Officer
Wasnew sky, Justin P. Vice President Officer
White, Robert Executive Vice President Officer
Wilcoxon, Keith Executive Vice President Officer
Ziebell, William F. President and Chief Executive Officer Officer Capital Structure - Non-Derivative
Security Name Common Stock
# Shares Authorized 1,000.0000
# Shares Issued 1,000.0000
Par Currency US Dollar
Par Value 1.0000
Owners
Owner Name Security Name Balance Percent
Owned
Arthur J. Gallagher (U.S.) LLC Common Stock 1,000.000000 100.000000 End of Entity Datasheet for GALLAGHER BENEFIT SERVICES, INC.
End of Report
hCue, Powering Good Corporate Governance - brought to you by CT Corporation © 2020 , a Wolters Kluwer company
5.D.a
Packet Pg. 53
Attachment: Gallagher Benefit Services, Inc- OAKS (6029 : Consulting for As-Needed Classification and Ð.-
)
l¡.tÈ llb¡h¡rl CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
ln order to facilitate compliance with the requirements of the Oaks lnitiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a "public benefit." lf the "public benefit" is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;
5, Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000; 6. Tax "abatement, exception, or benefit" of a value in excess of $5,000 in any 1 2- 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:
Slrau- 1âJa' 'loor<* Únr6 t14à
Name(s) of trustees, directors, partners, and office
Ur^r lcs Sa-L¿,*'s Tit,øftt'y- Y
rDa*vz- lún,l
Name(s) of persons with more than a 10% equity, padicipation, or revenue interest:
Prepared by: 1r) .1"\/t4
Signature Date Tl"l ¿o>z
rS:
\ ou-,
()",p4¿ç Sa+ait lî'n¿%Y*,a #Da-trr*-N^râ
FOR CITY USE ONLY:
Bid/PO/Contract # Permii #
Email: @ one [,frr)îVt-+ u y
5.D.b
Packet Pg. 54
Attachment: Sloan Sakai Yeung & Wong- OAKS (6029 : Consulting for As-Needed Classification and Compensation Services)
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.
5.D.c
Packet Pg. 55
Attachment: CPS HR Consulting- OAKS (6029 : Consulting for As-Needed Classification and Compensation Services)
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 #
5.D.c
Packet Pg. 56
Attachment: CPS HR Consulting- OAKS (6029 : Consulting for As-Needed Classification and Compensation Services) City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 5.E
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Award Purchase Orders to Avista Technologies as Primary and King Lee Technologies as Backup for Antiscalant and CIP Chemicals 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 #4461 to Avista Technologies Corporation as the primary vendor for the purchase of antiscalant and clean-in-place (CIP) chemicals; and to King Lee Technologies as the secondary vendor for the purchase of CIP chemicals for the Public Works Department.
3. Authorize the Procurement Manager to issue a purchase order with Avista Technologies Corporation for antiscalant and CIP chemicals for a total amount not to exceed $4,205,000 over a five-year period, with future year funding contingent on Council budget approval.
4. Authorize the Procurement Manager to issue a purchase order with King Lee Technologies for CIP chemicals for a total amount not to exceed $1,600,000 over a five-year period, with future year funding contingent on Council budget approval.
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 utilizes antiscalant to optimize efficiency of the reverse osmosis system. Clean-in-place (CIP) chemicals are periodically used to clean the reverse osmosis system to maintain optimal performance. Staff recommends issuing a purchase order with Avista
5.E
Packet Pg. 57
2 of 4
Technologies Corporation in an amount not to exceed $4,205,000 over a five-year period for the purchase of antiscalant and CIP chemicals for the Arcadia WTP. Staff also recommends issuing a purchase order with King Lee Technologies in an amount not to exceed $1,600,000 over a five-year period as a secondary vendor for the purchase of CIP chemicals for the Arcadia WTP.
Discussion
The City uses reverse osmosis membranes at the Arcadia WTP as part of a multi-stage process to treat groundwater sourced from the Santa Monica Basin to supply drinking water for approximately 18,000 Santa Monica residential, commercial and institutional service accounts. Reverse osmosis membranes filter out minerals, organic materials, and salts, and require antiscalant and CIP chemicals to prevent fouling from mineral scale, biological debris, and other buildup. Without antiscalant and CIP chemicals, water-processing efficiency would decrease due to clogged membranes, dramatically shortening the expected five-year membrane lifespan and requiring costly replacements.
The Arcadia Water Treatment Plant Expansion Project, which will increase overall water treatment plant capacity, efficiency, and safety, is retrofitting the existing reverse osmosis system to Flow Reversal Reverse Osmosis, a high-recovery reverse osmosis system and the first municipal installation in the United States. This technology will increase the treatment plant recovery from 82% to 90% or greater. As one of the advantages of the technology, antiscalant consumption and CIP chemical usage is projected to remain similar to historical consumption rates while treatment plant efficiencies improve.
Vendor Selection
Bidder Recommendation
Best Bidder Avista Technologies Corporation (Antiscalant & CIP Chemicals), primary vendor King Lee Technologies (CIP Chemicals), secondary vendor Evaluation Criteria Ability, capacity, and skill to provide the materials/services, experience, and price.
Municipal Code SMMC 2.24.180
Submittals Received (Antiscalant)
Avista Technologies $65.14/treatment Salt-Free Water $21,875/treatment Nalco Water $34,534/treatment
5.E
Packet Pg. 58
3 of 4
Bid Data
Date Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
08/16/2023 City's Online
Bidding Site
Santa Monica Daily Press 11 09/13/2023
Best Bidder Justification
The proposals were reviewed by a selection panel consisting of staff from the Public Works Department – Water Resources Division. The proposal evaluations were based on previous experience, ability to deliver, quality of product, cost, and compliance with City requirements. Based on the evaluation criteria, staff recommends Avista Technologies Corporation as the best bidder and primary vendor to provide antiscalant and CIP chemicals and King Lee Technologies as the secondary vendor to provide CIP chemicals to the Arcadia Water Treatment Plant. Staff would only order from King Lee Technologies if primary vendor Avista could not provide products on a timely basis or if operational issues occurred during use of Avista products on a full-scale basis.
Environmental Review
The purchase and use of the chemicals at the City’s Arcadia WTP is categorically exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines. The use of the antiscalant and CIP chemicals are a part of the existing operations at the Arcadia WTP.
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Water Fund to award a purchase order to Avista Technologies Corporation for the purchase of antiscalant and CIP Chemicals for the Arcadia Water Treatment Plant. In addition, staff seeks authority to approve funding from the Water Fund to award a purchase order to King Lee Technologies as a secondary vendor for the purchase of CIP Chemicals for the Arcadia Water Treatment Plant.
Purchase Order Request (Avista – Primary)
FY 2023-24 Budget Future Years’ Department Account # Total Contract Submittals Received (CIP Chemicals)
Avista Technologies $5,060/treatment Nalco Water $45,020/treatment King Lee Technologies $2,652/treatment Salt-Free Water $21,875/treatment
5.E
Packet Pg. 59
4 of 4
Request Amount Amount Amount
$415,000 $3,790,000 50500003.525081 $4,205,000
Purchase Order Request (King Lee – Secondary CIP Chemicals) FY 2023-24 Budget
Request Amount
Future Years’
Amount Department Account # Total Contract Amount
$150,000 $1,450,000 50500003.525081 $1,600,000
Future year funding is contingent on Council budget approval.
Prepared By: Thomas Poon, Senior Administrative Analyst Approved Forwarded to Council
Attachments:
A. Oaks Initiative Form - Avista Technologies Corporation B. Oaks Initiative Form - King Lee Technologies
5.E
Packet Pg. 60
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more 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 #
by: Greg Leiser EVP Finance & CFO
09/11/2023
[email protected] (760)744-0536
Avista Technologies Corporation
None
Greg Leiser, CFO
5.E.a
Packet Pg. 61
Attachment: Oaks Initiative Form - Avista Technologies Corporation (6036 : Award Bid and Issue POs for Antiscalant and CIP Chemicals)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more 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 #
Richard May Regional Account Manager
09/11/2023
[email protected] (858)693-4062
King Lee Technologies
None
Craig Netwig
5.E.b
Packet Pg. 62
Attachment: Oaks Initiative Form - King Lee Technologies (6036 : Award Bid and Issue POs for Antiscalant and CIP Chemicals) City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 5.F
1 of 5
To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department, Revenue Subject: Award RFP No. 380 and Enter into an Agreement with Hinderliter, de Llamas & Associates to Provide Sales and Use Tax Audit and Information Services Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Award RFP 380 to Hinderliter, de Llamas & Associates to provide sales and use tax audit and information services for the Finance Department.
3. Authorize the City Manager to negotiate and execute a professional services agreement with Hinderliter, de Llamas & Associates, a California Corporation, in an estimated amount of $516,000 for five years with one three-year renewal option, with future year funding contingent on Council budget approval.
Summary
The City of Santa Monica is proposing to contract with Hinderliter, de Llamas & Associates (HDL) to provide sales and use tax auditing and information services. These services are needed to ensure that the amount of sales tax owed to the City for taxable transactions is recovered and to protect the City’s vital General Fund revenues. The City has previously contracted with HDL since 2001, and HDL has recovered approximately $15 million in sales and use taxes for the City. During these uncertain economic times, it is important to maximize the City's revenue. Staff recommends a fiveyear agreement with one three-year renewal option with HDL in an estimated amount of $516,000 to provide sales and use tax auditing and information services.
5.F
Packet Pg. 63
2 of 5
Discussion
The California Department of Tax and Fee Administration (CDTFA) processes a high volume of returns from sales/transactions and use taxes statewide. The complexity in the State's “point-of-sale” regulations compounded with the constant turnover, selling and consolidation of businesses, factual errors on tax forms, and evolving regulations impact CDTFA’s ability to properly allocate the 1% local portion of these taxes as well as the 1% Transaction and Use Tax (Measure GSH). The amount of audit fieldwork and analysis needed to identify and correct these errors makes it inefficient for CDTFA or the City to identify or correct these errors themselves.
The use of a consultant with specialized knowledge and expertise in tax laws and regulations ensures that the City receives accurate and timely information and guidance. The services provided would help minimize potential risks by ensuring compliance with tax laws, identifying potential areas of non-compliance, implementing appropriate measures to mitigate risks, and revenue enhancement.
Since HDL began providing sales tax audit services to the City of Santa Monica in 2001, the firm has recovered a total of $14,819,103 in sales and use tax through calendar year 2022. An additional $201,133 was recovered from ongoing audits of the City’s transactions and use tax. HDL would pursue the correction of all misallocations allowable within the statute of limitations on recoverability and work with the CDTFA and taxpayers to correct errors that result in underpayments of tax to the City. HDL staff emphasizes cooperation when contacting taxpayers and provides an educational approach as well as guidance related to CDTFA rules that pertain to proper sales tax allocation. HDL’s systematic and coordinated approach to revenue management, tax administration and economic data analysis is currently being utilized by over 700 agencies nationwide. HDL also provides critical economic data and analysis that would aid the City in revenue forecasting. HDL's cost to provide tax information and analysis would be $13,200 annually (plus annual CPI increases). The fees for audit services are on a contingency basis of the amounts recovered. HDL's contingency rates are a 15% contingency fee for sales and use tax audit recoveries and 25% contingency fee for
5.F
Packet Pg. 64
3 of 5
transactions and use tax audit recoveries. The 15% fee for the sales and use tax audit recovery applies to monies received in the first eight consecutive reporting quarters.
The 25% fee for transactions and use tax audit recovery applies to retroactive adjustments only. Based on the last three years, the cost of audit recovery fees is estimated to be approximately $90,000 annually. The amount requested for FY 2023- 24 is prorated to reflect the estimated cost for seven and a half (7.5) months.
Consultant Selection
Bidder Recommendation
Best Bidder Hinderliter, de Llamas & Associates (HDL)
Evaluation Criteria Experience with similar projects of comparable complexity and working with municipalities, technical competence, value-addedbreath of services, ability to meet work plan/timelines, and cost of services.
Municipal Code SMMC 2.24.190
RFPs Received
Avenue Insights & Analytics, LLC (MuniServices, LLC)
HdLCompanies (Hinderliter, de Llamas & Associates)
RFP Data
Date Posted Posted On
Advertise In
(City Charter &
SMMC)
Vendors
Downloaded
Date Publicly
Opened
9/13/2023 City's Online
Bidding Site
Santa Monica
Daily Press
12 10/04/2023
Justification to Award
5.F
Packet Pg. 65
4 of 5
Environmental Review
The award agreement is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The award agreement is covered by the 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 award agreement will provide sales and use tax auditing and information services to the City. Therefore, it can be seen with certainty that the agreement would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA.
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to award an agreement with Hinderliter, de Llamas & Associates for sales and use tax auditing and information services for an estimated annual amount of $13,200 plus approximately $90,000 for the cost of audit recovery services on a contingency basis resulting in an estimated fiveyear total of approximately $516,000, which would be more than offset by the additional Based on the criteria in SMMC 2.24.190, staff recommends HDL as the best bidder due to their 40 years of experience providing revenue enhancement and consulting services to local governments as well as their knowledge of Santa Monica. HDL currently serves over 700 cities, counties, and special districts across the nation and has recovered more than $3 billion in revenue. HDL developed California’s first computerized sales tax management program and was responsible for securing legislation (AB 1611) that allowed independent verification of state allocations. HDL maintains the largest privately held sales, property, and business tax databases in California. This proprietary database serves as the base for identifying emerging economic trends and developing budget projections that take those trends into account. The City’s current agreement with HDL terminates on November 5, 2023.
While 12 firms downloaded the Request for Proposal, only two proposals were submitted.
Staff reached out to several firms for feedback on why they did not submit a proposal.
Some firms that downloaded the proposal later determined that the scope of service did not fit with their firms’ business or declined to comment.
5.F
Packet Pg. 66
5 of 5
revenue recoveries from audits. Please note that the amount requested for FY 2023-24 is prorated to reflect the estimated contingency cost for seven and a half (7.5) months.
Agreement Request
FY 2023-24
Request Estimated
Amount
Future Years
Estimated Amount Department Account # Total EstimatedContract Amount $64,500 $451,500 01300005.552010 $516,000
Future year funding is contingent on Council budget approval.
Prepared By: David Carr, Assistant City Treasurer
Approved Forwarded to Council
Attachments:
A. HdL OAKS Initiative Form
5.F
Packet Pg. 67
CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.
All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.
5.F.a
Packet Pg. 68
Attachment: HdL OAKS Initiative Form (6069 : Award RFP No. 380 and Enter into an Agreement with HdL)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY:
Bid/PO/Contract # ____________________________ Permit # ___________________________
5.F.a
Packet Pg. 69
Attachment: HdL OAKS Initiative Form (6069 : Award RFP No. 380 and Enter into an Agreement with HdL) City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 5.G
1 of 3
To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Approval of Police Canine Retirement
Recommended Action
Staff recommends that the City Council:
1. Authorize the retirement of police service dog Arko from Police service.
2. Authorize Arko be sold to Santa Monica Police Officer Louis Marioni for the sum of one dollar.
3. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines
Summary
As part of a comprehensive approach to public safety, the Santa Monica Police Department maintains three canine units with a trained police canine and their officer handlers. After 5 years of service, Arko, a 7-year-old Belgian Malinois, is being retired. Staff recommends that the Council approve the sale of Arko to his handler for the nominal sum of one dollar.
5.G
Packet Pg. 70
2 of 3
Discussion
During the past five years, police service dog Arko has been assigned to Officer Marioni.
During Arko's length of service, he has been involved in numerous felony arrests and apprehensions and has received commendations for his capabilities. Arko can no longer be expected to work with the needed energy and drive levels for patrol functions.
It has been Department practice, since
the inception of the Canine Program, to transfer
ownership of canines who have reached
the end of their active service lives to their handlers for a nominal sum. This allows the handler, their family, and the police dog who has become a member of their family, to continue their journey together. Other law enforcement agencies that use canines have the same practice. This practice is in the best interests of the animal and
5.G
Packet Pg. 71
3 of 3
removes the possibility of any potential liability to the City. Council has approved such transfers in the past when service dogs have reached an age or developed medical conditions which prevent their continued service.
Environmental Review
The retirement and approval of sale of Arko is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Financial Impacts and Budget Actions
Staff seeks authority to approve the sale of canine Arko to his handler, Louis Marioni, for the nominal sum of one dollar. Payment from the sale will be deposited to account 01180001.415482.
Prepared By: Rudy Flores, Police Captain
Approved Forwarded to Council
5.G
Packet Pg. 72
City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 5.H
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Fleet Services Subject: Authorize a Purchase Order for the Purchase of Ford Police Interceptor Utility Vehicles for the Police and Fire Departments
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) guidelines.
2. Authorize the Procurement Manager to issue a purchase order with Folsom Lake Ford for the purchase of forty-two Ford Interceptor Utility Vehicles for the Police and Fire Departments. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (c) and is for a total amount not to exceed $3,175,000 (including a 10% contingency) with future year funding contingent on Council budget approval.
Summary
The City of Santa Monica’s Police and Fire departments provide essential services that maintain clean and safe neighborhoods and open spaces for Santa Monica’s residents, visitors, and City staff. These operations rely on vehicles and equipment managed and maintained by the City’s Fleet Management Division. Many of these vehicles are aging past their cost-effective useful lives. To ensure reliable operations, provide uninterrupted service to the community, and reduce downtime and maintenance costs, staff recommends authorizing a purchase order with Folsom Lake Ford in an amount not to exceed $3,175,000 (including a 10% contingency) for the purchase of forty-two Ford Interceptor Utility (IU) vehicles for the Police and Fire Departments based on competitive contract pricing available to government agencies.
5.H
Packet Pg. 73
2 of 4
Discussion
The Fleet Management Division is responsible for ensuring the City’s diverse fleet of over 800 vehicles are available, dependable, meet the highest environmental standards for a sustainable fleet, and are safe to operate from acquisition through disposal. The division routinely replaces vehicles that have reached the end of their cost-effective useful lives through the Vehicle Management Fund. The Fleet Management Division has worked together with the Police and Fire departments to extend the useful lives of their vehicles as much as possible.
Forty-two Ford IU vehicles for the Police and Fire Departments have been identified for replacement. These vehicles are vital to essential operations but have reached or exceeded their cost-effective useful life, incurring maintenance costs of approximately 50% of the original purchase cost over the last two years. Due to their age and use, these vehicles require significant ongoing maintenance and repair costs to remain reliable, safe, and operational.
Staff is recommending the purchase of Forty-two Ford IU vehicles for the Police and Fire Departments for a total amount not to exceed $3,175,000, including a 10% contingency. Funding for the replacement of these vehicles is available and was collected over each asset’s useful life.
The Police Department vehicles consist of patrol and other pursuit-rated units with a useful life of four years based on the high demands and usage of those vehicles. These vehicles are used for emergency response, routine patrol, vehicle pursuits, traffic enforcement, and specialized details and assignments serving as the initial response to preserve life and maintain public safety.
The Fire Department vehicles consist of light-duty vehicles with a useful life of eight years based on the high demands and usage of those vehicles. These vehicles are designated as Code-3 capable emergency response vehicles for Fire Investigator, Chief, and Captain Officer emergency response duties. These vehicles
5.H
Packet Pg. 74
3 of 4
are used by the Fire Department to conduct Fire and Life Safety Inspections, perform arson investigation and Arson Task Force duties.
Vendor Selection
Exception to Competitive Bidding
Staff recommends Folsom Lake Ford, a distributer of Enforcement Vehicles, Police Pursuit - Ford Explorer V6 AWD & Ford Explorer V6 AWD - HEV, to furnish and deliver forty-two vehicles as an exception to competitive bidding under Santa Monica Municipal Code Section 2.24.250 (c): Competitive procedures were followed by a governmental agency, federal, state, county, city, joint powers agency, special district, or cooperative purchasing agency and the goods or services are supplied to the City at the same or better price.
On September 30, 2021, the California Department of General Services issued a Request for Proposals (RFP) for a Midsize Utility Vehicle, Law Enforcement High Speed Vehicle Police Pursuit. Under the terms of the RFP, and the resulting Statewide Contract Agreement with Folsom Lake Ford, similar nationally leveraged purchasing discounts are also available to other government agencies. Statewide Contract Agreement # 1-22-23-14C was established on May 11, 2022, expires May 10, 2025.
The California Department of General Services is a governmental cooperative purchasing agency that serves state and local agencies. As a cooperative purchasing agency, they acquire goods or services by aggregating the demand of two or more entities in an effort to obtain more economical pricing. c. competitive procedures were followed by a governmental agency, federal, state, county, city, joint powers agency, special district, or cooperative purchasing agency and the goods or services are supplied to the City at the same or better price.
Environmental Assessment
The purchase orders for replacement vehicles are categorically exempt from CEQA pursuant to Section 15302 (Replacement or 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
5.H
Packet Pg. 75
4 of 4
located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced”. The replacement vehicles would replace existing City fleet vehicles, with essentially the same purpose and capacity.
Therefore, the purchase orders qualify for a Class 2 exemption.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Vehicle Management Fund to award a purchase order with Folsom Lake Ford for the purchase and delivery of Forty-two Ford PIU vehicles for the Police and Fire Departments in the amount of $3,175,000.
Purchase Order Request
Vendor CIP Account # Total PO Amount
Folsom Lake Ford C7000010.689000.90532 $3,175,000
Total $3,175,000
Prepared By: Doris Mejia, Senior Administrative Analyst Approved Forwarded to Council
Attachments:
A. Oaks Initiative Form - Folsom Lake Ford
5.H
Packet Pg. 76
5.H.a
Packet Pg. 77
Attachment: Oaks Initiative Form - Folsom Lake Ford (6093 : Authorize PO for Purchase of Ford Police Interceptor Utility Vehicles for PD City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 5.I
1 of 4
To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department, Risk Management Subject: Award Agreement to Lien On Me, Inc. for Workers’ Compensation Medical Bill Review Services
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Award RFP# 367 to Lien On Me Inc. (Lien On Me) for workers’ compensation medical bill review services for the Finance Department;
3. Authorize the City Manager to negotiate and execute an agreement with Lien On Me, in an amount not to exceed $485,000 over a five-year period, with future year funding contingent on Council budget approval.
Summary
The City has an ongoing need for workers’ compensation medical bill review services.
As part of administering the City’s workers’ compensation claims, staff annually processes approximately 8,200 bills for medical care provided to injured workers. Each medical bill received must be reviewed for compliance and reconciled with the California Division of Workers’ Compensation fee schedule for medical services. With the current agreement for workers’ compensation medical bill review services set to expire, staff solicited proposals in accordance with procurement policies and received responses from ten vendors. A panel of City staff subsequently evaluated each firm’s proposal and determined that Lien On Me was the best qualified vendor. The Evaluation Committee recommends the City pursue a five-year agreement with Lien On Me at a cost of $485,000.
5.I
Packet Pg. 78
2 of 4
Discussion
The Risk Management Division is responsible for managing the City’s Workers’ Compensation Program, and in this capacity, ensures that the program operates costeffectively and in compliance with State law and regulations. The bill review service is a critical cost containment component of the program as the State’s fee schedule for medical services is substantially lower than usual and customary fees charged by health care providers. In addition, medical bill reviewers have an ability to reduce the fees even further through Preferred Provider Organizations (PPOs) that the health care providers are contracted with. In FY 2022-23, the workers’ compensation bill review process saved the City $496,431.
Risk Management has historically contracted out workers’ compensation medical bill review services due to its very specialized technical nature which requires a separate bill review system. The contractor is responsible for reviewing and repricing all medical bills submitted to the City in compliance with State mandated timeframes to ensure that duplicate payments are not made and that charges reflect medical services approved by Workers’ Compensation staff. Since 2012, the City has utilized Intermed Cost Containment Services for these services. The contract with Intermed is set to expire on December 12, 2023.
Vendor Selection
Bidder Recommendation
Best Qualified Person/Firm Lien on Me, Inc
Evaluation Criteria Training/credentials/experience, quality of work/technical capabilities, cost, references, and presentation/demonstration.
Municipal Code SMMC 2.24.190
RFPs Received
Accuro Solutions Allied Managed Care, Inc. CostFirst Corp.
Diamond Bill Review EK Health Services Inc. Innovative Claims Strategies InterMed Cost Containment
Services, Inc.
Johnson's Medical Billing Collection
Services
Lien On Me, Inc.
USIS, Inc. dba/AmeriSys
RFP Data
Posted On Posted On
Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
5.I
Packet Pg. 79
3 of 4
08/04/2023 City's Online
Bidding Site Santa Monica Daily Press 28 09/07/2023
Justification to Award
Staff evaluated the RFP submissions from the ten firms and shortlisted three firms for interviews. Based on the evaluation criteria established in the RFP and criteria in SMMC
2.24.190, staff recommends Lien On Me, Inc. as the best qualified firm to provide workers’ compensation medical bill review services based on their extensive experience with workers’ compensation medical bill review services for municipal clients, the quality of their presentation/demonstration, and a competitively priced proposal.
Environmental Review
The award of an agreement for workers’ compensation medical bill review services would have no possibility of significant effect on the environment, and therefore, is exempt pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Self-Insurance, Workers’ Compensation Fund to award an agreement with Lien On Me Inc. for workers’ compensation medical review bill review services.
Agreement Request
Current Year
Request Amount
Amount for
Future Years
FY 2023-24 Budget
Department Account #
Total Contract
Amount
$49,000 $436,000 74800002.534510 $485,000
Future year funding is contingent on Council budget approval.
5.I
Packet Pg. 80
4 of 4
Prepared By: Oles Gordeev, Acting Director of Human Resources Approved Forwarded to Council
Attachments:
A. Oaks_Initiative_Form_Signed
5.I
Packet Pg. 81
5.I.a
Packet Pg. 82
Attachment: Oaks_Initiative_Form_Signed (6110 : Workers' Compensation Medical Bill Review Services)
5.I.a
Packet Pg. 83
Attachment: Oaks_Initiative_Form_Signed (6110 : Workers' Compensation Medical Bill Review Services) City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 5.J
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code Section 2.24.110 and 2.24.220(g)(Master Services Agreements)
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on October 24, 2023, the City Council introduced for first reading an Ordinance amending Santa Monica Municipal Code Sections 2.24.110 and
2.24.220(g)(Master Services Agreements). The ordinance is now presented to the City Council for adoption.
Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:
A. ORD-Master Services Agreement 2d
5.J
Packet Pg. 84
1 City Council Meeting: November 14, 2023 Santa Monica, California ORDINANCE NUMBER_______ (CCS)
(City Council Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 2.24.110 AND 2.24.220(G) TO
DELEGATE AUTHORITY AND ADJUST AS-NEEDED SERVICES AGREEMENT
THRESHOLDS BASED ON CHANGES TO THE CALIFORNIA CONSTRUCTION INDEX
WHEREAS, In September 2018, Council adopted the Master Services Agreement (“MSA”) solicitation process, has aided staff in expediting the work of roughly $16.1 million of small to medium sized CIP projects; and
WHEREAS, through use of the MSAs, City staff has identified proposed procedural changes to the MSA ordinance that would provide the Director of Public Works delegation authority, which would accelerate the commencement of small, relatively simple public works projects; and
WHEREAS, the proposed procedural changes also seek to address construction cost escalation by adjusting MSA thresholds automatically every five years to the current California Construction Cost Index; and
WHEREAS, City also seeks to adjust the title to reflect updated terminology and references.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 2.24.110 is hereby amended as follows:
5.J.a
Packet Pg. 85
Attachment: ORD-Master Services Agreement 2d (6122 : Master Services Agreement - Second Reading) 2 2.24.110 Director of Public Works authority.
The Director of Public Works, the City Engineer or the Capital Improvement Manager, is authorized to issue task orders for As-Needed Services Agreements in accordance with Section 2.24.220(g).
SECTION 2. Santa Monica Municipal Code Section 2.24.220(g) is hereby amended as follows:
2.24.220 Formal procedures.
Formal solicitations shall be subject to the following procedures:
(a) The Purchasing Agent shall issue a formal notice inviting bids or request for proposals and shall solicit bids and proposals by:
(1) Advertising in a newspaper of general circulation in the City of Santa Monica on at least two occasions, the first of which shall be at least ten days before the time for opening received bids; and
(2) Posting on the City’s online vendor portal website.
The Purchasing Agent may require additional notice as the Purchasing Agent determines to be in the best interest of the City.
(b) At the time specified in the notice inviting bids or request for proposals, all bids or proposals timely received shall be opened and declared publicly, either in person or through the City’s online vendor portal website.
(c) The Purchasing Agent shall compile and tabulate all bids or proposals timely received and refer them to the appropriate City Department for evaluation. For public works contracts or purchases of goods or contractual services, the City Department shall make a recommendation of best bidder by applying the criteria set forth in Section
5.J.a
Packet Pg. 86
Attachment: ORD-Master Services Agreement 2d (6122 : Master Services Agreement - Second Reading) 3 2.24.180. For purchases of professional services, the City Department shall make a recommendation of best qualified person or firm by applying the criteria set forth in Section 2.24.190.
(d) The Purchasing Agent shall provide notice of the recommended award to all bidders or proposers through the City’s online vendor portal website or by other means as determined by the Purchasing Agent.
(e) The City Manager shall present the recommendation to City Council for award after the time to file a protest has expired or after a final determination on a protest has been made in accordance with Section 2.24.260.
(f) The City Council may reject any and all bids or proposals received whenever, in the opinion of the City Council:
(1) The bid(s) or proposal(s) received do not comply with the specifications of the notice inviting bids or request for proposals;
(2) The proposed project or purchase should be abandoned or delayed; (3) The materials or services may be purchased more reasonably on the open market or the work done less expensively by City personnel; (4) The bids or proposals are higher than anticipated and a new solicitation would result in savings to the City; or
(5) The best interests of the City would be served by a rejection of any or all bids or proposals.
(g) As-Needed Services Agreements for Public Works Projects.
Notwithstanding any other provision in this Chapter, the City may, in its discretion and when deemed to be in the best interest of the City, obtain construction, maintenance,
5.J.a
Packet Pg. 87
Attachment: ORD-Master Services Agreement 2d (6122 : Master Services Agreement - Second Reading) 4 or repair services pursuant to as-needed services agreements in accordance with the following terms and procedures:
(1) The City shall solicit, review and evaluate the qualifications of prospective contractors for as-needed services agreements in accordance with rules and regulations established by the Director of Public Works;
(2) The Director of Public Works shall pre-qualify contractors for as-needed service agreements;
(3) The City Council may award as-needed services agreements to prequalified contractors, in amounts not to exceed five million dollars and with terms of no more than five years;
(4) When the need arises for the performance of specific tasks within the scope of as-needed service agreements, the Director of Public Works shall seek bids from at least three prequalified contractors and, using the evaluation criteria set forth under Section 2.24.180, issue a task order to the best bidder in an amount not to exceed one million dollars for a specifically defined scope of work; (5) The thresholds for as-needed services agreements and task orders listed in subsections (3) and (4) shall be subject to increase annually based on changes to the construction cost index. “Construction cost index” means the construction cost index published by the California Department of General Services. When calculating the increases, City shall use the current construction cost index, as well as a construction cost base index. The construction cost base index shall be the construction cost index in effect for July 2018. The increased thresholds shall be approved by Council at award of the as-needed services agreement.
5.J.a
Packet Pg. 88
Attachment: ORD-Master Services Agreement 2d (6122 : Master Services Agreement - Second Reading) 5 (6) If the Director of Public Works seeks but is unable to obtain three bids, the Director may issue a task order to the best bidder of the bids submitted; (7) The Director of Public Works may reject any and all bids received in accordance with the standards set forth in subsection (f), above; (8) Prequalified contractors performing task orders under as-needed services agreements shall file payment and performance bonds in conjunction with each task order awarded as required by the Director or applicable law; and (9) The Director of Public Works shall submit a report to the City Council on an annual basis containing information about the implementation of this subsection, including a listing of task orders issued pursuant to this subsection.
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official
5.J.a
Packet Pg. 89
Attachment: ORD-Master Services Agreement 2d (6122 : Master Services Agreement - Second Reading) 6 newspaper within 15 days after its adoption. This Ordinance shall become effective thirty days after adoption.
APPROVED AS TO FORM:
________________________
Douglas Sloan, City Attorney
5.J.a
Packet Pg. 90
Attachment: ORD-Master Services Agreement 2d (6122 : Master Services Agreement - Second Reading) City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 5.K
1 of 2
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of 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 adultuse cannabis or adult-use cannabis products to persons 21 Years of Age and Over
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on October 24, 2023, the City Council introduced 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. The ordinance is now presented to the City Council for adoption.
5.K
Packet Pg. 91
2 of 2
Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:
A. ORD-Cannabis IZO 2d
B. Written Comments
5.K
Packet Pg. 92
1 City Council Meeting: November 14, 2023 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)
AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA 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 SELL ADULT-USE CANNABIS OR ADULTUSE CANNABIS PRODUCTS TO PERSONS 21 YEARS OF AGE AND OVER WHEREAS, the State of California has a long history of regulating cannabis uses within the State; and
WHEREAS, in 1996, California voters approved Proposition 215 (codified at Health and Safety Code section 11362.5 and titled the “Compassionate Use Act of 1996”), which provides criminal immunity for patients and primary caregivers for the cultivation and possession of cannabis if a doctor has recommended the cannabis for medical purposes; and
WHEREAS, in 2004, Senate Bill 420 was enacted (codified at Health and Safety Code section 11362.7 et seq. and titled the “Medical Marijuana Program Act”) to clarify the scope of the Compassionate Use Act of 1996; and
WHEREAS, the Medical Marijuana Program Act allows cities and other governing bodies to adopt and enforce laws consistent with its provisions; and WHEREAS, in 2015, Assembly Bills 243 and 266 and Senate Bill 643 were enacted (codified at Business and Professions Code section 19300 et seq. and titled the “Medical Marijuana Regulation and Safety Act”) and provided for enhanced statewide marijuana regulations; and
5.K.a
Packet Pg. 93
Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 2 WHEREAS, In November 2016, voters approved Proposition 64, the Adult Use of Marijuana Act (“AUMA”), which allows adults 21 years of age or older to legally grow, possess, and use cannabis for nonmedicinal purposes, with certain restrictions; and WHEREAS, beginning on January 1, 2018, AUMA authorizes the sale and distribution of cannabis for nonmedicinal purposes through a licensed business; and WHEREAS, in 2017, the State legislature enacted Senate Bill 94 which created the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) which establishes a robust set of regulations for the medicinal and adult use cannabis markets, aligns all permit types, and authorizes certain state agencies to establish rules governing cannabis operations and to implement the law; and
WHEREAS, MAUCRSA continues to preserve local control over cannabis-related uses by: (1) requiring medicinal cannabis businesses to obtain both a state license and a local license or permit, if required, to operate legally in California, (2) terminating the ability of a medicinal cannabis business to operate if its local license or permit is terminated, (3) continuing to authorize local governments to enforce local cannabis-related laws, (4) providing for penalties for unlicensed activities, and (5) expressly protecting local licensing practices, zoning and business regulation laws, and local actions taken under the constitutional police power; and
WHEREAS, consistent with State actions, the City Council, when adopting its comprehensive update to its Zoning Ordinance in 2015, contemplated authorizing two medicinal cannabis retailers within the City to serve local needs; and WHEREAS, on October 24, 2017, the City Council adopted an Interim Zoning Ordinance (IZO) which replaced the term “medical marijuana dispensary” with “medicinal
5.K.a
Packet Pg. 94
Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 3 cannabis retailer” throughout the Zoning Ordinance; created a definition for “medicinal cannabis retailer” to replace the definition for “medical marijuana dispensary” to conform with State law; removed certain requirements for medicinal cannabis retailers for consistency with State law and to allow for separate and more effective regulatory rulemaking; and modified the definition of “industry, limited” to allow for medicinal cannabis light manufacturing; and
WHEREAS, that IZO initially prohibited all adult-use commercial cannabis activities, including retail, cultivation, testing, distribution, and manufacturing; WHEREAS, since then, the City has commenced a prolonged medicinal cannabis retailer selection process and issued two permits for the operation of medicinal cannabis retailers in the City; and
WHEREAS, the IZO was extended on several occasions and has since expired, causing the terminology, definitions, and other modified use standards to revert back to the previous outdated language in the Zoning Ordinance; and WHEREAS, on March 13, 2020, the City Manager, as the Director of Emergency Services (“Director of Emergency Services”), proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and effectuate the City’s response to the novel coronavirus (“COVID-19”), and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency; and
WHEREAS, on March 16, 2020, the Director of Emergency Services issued a Third Supplement to the Executive Order, requiring the closure of a wide range of businesses including bars, nightclubs, on-premises restaurant service, movie theatres, live
5.K.a
Packet Pg. 95
Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 4 performance venues, gyms, fitness centers, spas, hair salons, massage parlors, and nail salons; and
WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its earlier March 16, 2020 Order, closing all nonessential businesses, and limiting gatherings; and
WHEREAS, after March 19, 2020, the Los Angeles Department of Public Health, on multiple occasions, amended and modified its Health Officer Order, recognizing the issues posed by community transmission of COVID-19 in Los Angeles County, and, in response, maintaining public health measures that have, at differing times, included strict limitations on public gatherings, required closures of certain businesses, and strict limitations and protocols for the operations of businesses permitted to remain open; and WHEREAS, the local, state, and federal COVID-19 emergency declarations have since concluded, but the economic impacts of the COVID-19 closures of, and limitations on, businesses have been and continue to be devastating to the local Santa Monica economy;
5.K.a
Packet Pg. 96
Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 5 WHEREAS, as the commercial and economic landscape evolves, the City’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of unique dining, retail, commercial, and entertainment uses; and WHEREAS, the City has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, on May 10, 2022, City Council requested that the City Manager schedule a study session as soon as practicable regarding whether to allow for the sale of nonmedicinal cannabis in the City of Santa Monica; and WHEREAS, on July 26, 2022, in line with potential economic recovery efforts, the City Council voted to place a cannabis business license tax measure (Measure HMP) on the November 2022 ballot, imposing a tax on all commercial cannabis activities; and WHEREAS, in the November 2022 election, the voters approved Measure HMP; and
WHEREAS, on June 13, 2023, City Council held a study session where it: (1) considered key policy considerations for allowing adult-use cannabis businesses and other non-retail cannabis business types within the City of Santa Moncia; (2) discussed options for allowing adult-use cannabis sales and associated regulatory restrictions as may be appropriate; and (3) provided direction to staff on bringing back changes to the Municipal Code to allow for adult-use cannabis retail businesses and non-retail cannabis business types within the City; and
WHEREAS, at the June 13, 2023, study session, City Council directed allowing the previously approved medicinal cannabis retailers to also sell adult-use cannabis while
5.K.a
Packet Pg. 97
Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 6 the permanent adult-use cannabis updates are pending, and the City desires to update the interim regulations in order to allow such use; and WHEREAS, the proposed IZO would also make the same changes to the terminology, definitions, and use standards as the prior 2017 IZO to be consistent with State law and the cannabis industry; and
WHEREAS, the City Council finds and declares that there continues to exist a current and immediate threat to the public health, safety and general welfare that requires the proposed IZO to allow for economic recovery within the City by expanding permitted cannabis use and also to update the Zoning Ordinance to extinguish any inconsistencies with State law and the cannabis industry; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Interim Zoning Regulations. Santa Monica Municipal Code Chapters
9.01 through 9.52 are hereby amended as follows:
(a) The term “Medical Marijuana Dispensary” shall be replaced with “Medicinal Cannabis Retailer” throughout.
(b) Santa Monica Municipal Code Section 9.31.185 is hereby amended as follows:
9.31.185 Medicinal Cannabis Retailers
A. Purpose. The purpose of this subsection is to ensure that the development of Medicinal Cannabis Retailers does not adversely impact adjacent parcels or the surrounding neighborhoods in which they are located and that they will be developed in a manner that protects the health, safety, and general welfare of nearby residents and
5.K.a
Packet Pg. 98
Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 7 businesses while providing for the needs of all segments of the community. Medicinal Cannabis Retailers shall be permitted, located, developed, and operated consistent with the following development standards:
B. Conditional Use Permit. Each Medicinal Cannabis Retailer shall be subject to the approval of a Conditional Use Permit by the Planning Commission, appealable to the City Council.
C. Number and Location. A maximum of 2 Medicinal Cannabis Retailers no larger than 2,500 square feet shall be permitted. Medicinal Cannabis Retailers are prohibited within 600 feet of a Child Care and Early Education or Family Day Care Facility, park, school, library, Social Service Center, or other Medicinal Cannabis Retailer. The distance shall be established on the date of application for the Conditional Use Permit.
D. Hours of Operation. Medicinal Cannabis Retailers may be operated between the hours of 10:00 a.m. and 8:00 p.m. Monday through Saturday and 12:00 p.m. to 7:00 p.m. on Sundays.
E. Recommendations. No recommendations for medicinal cannabis shall be issued on-site.
F. Delivery. Delivery of medicinal cannabis to patients or primary care givers as defined in Health and Safety Code Section 11362.5 et seq. is permitted.
G. Source Requirement. Only medicinal cannabis cultivated in California may be sold in a Medicinal Cannabis Retailer.
H. On-Site Cultivation. A maximum area of 15% of the total floor area may be used for on-site cultivation.
I. Litter. Outdoor trash receptacles shall be available near the entrances to and exits
5.K.a
Packet Pg. 99
Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 8 from the establishment. The premises shall be continuously maintained in a safe, clean, and orderly condition with twice daily litter pick-up within 500 feet of the Medicinal Cannabis Retailer.
J. Inspections. A Medicinal Cannabis Retailer owner shall authorize reasonable City inspection of the property by Santa Monica Code Enforcement and Police staff or other agents or employees of the City to ensure compliance with the conditions of approval imposed by the City in approving this project and will bear the reasonable cost of these inspections as established by Santa Monica Municipal Code Section 2.72.010 and Resolution No. 9905 (CCS) or any successor legislation thereto. These inspections shall be no more intrusive than necessary to ensure compliance with conditions of approval.
K. Enforcement Cooperation. A Medicinal Cannabis Retailer, and all employees thereof, shall use best efforts to assist the police in investigating and prosecuting any violations of this Chapter consistent with constitutional provisions.
L. Sale of Adult-Use Cannabis or Adult-Use Cannabis Products. Notwithstanding anything to the contrary in this Section or Municipal Code, Medicinal Cannabis Retailers that have been issued a Conditional Use Permit as of October 10, 2023 shall be permitted to deliver and sell adult-use cannabis or adult-use cannabis products, as licensed and regulated by Business and Professions Code Section 26000 et seq., to persons 21 years of age and over, only if a regulatory permit for adult-use cannabis has been obtained by June 1, 2024. Only cannabis cultivated within California may be sold in accordance with this subsection. Cannabis shall not be consumed or used at the subject property.
Conditions of a Conditional Use Permit issued to a Medicinal Cannabis Retailer eligible
5.K.a
Packet Pg. 100 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 9 to sell adult-use cannabis or adult-use cannabis products under this subsection L that prohibit or otherwise interfere with the sale of adult-use cannabis or adult-use cannabis products shall not be enforced by the City in accordance with the permissions set forth in this subsection L. All remaining Conditional Use Permit conditions shall be subject to enforcement and will apply equally to adult-use cannabis. (c) SMMC Section 9.51.030 is hereby amended to read as follows:
9.51.030 Nonresidential Use Classifications
A. Public and Semi-Public Use Classifications.
1. Adult Day Care. Establishments providing non-medical care for persons 18 years of age or older on a less than 24-hour basis licensed by the State of California.
2. Cemetery. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including mausoleums, burial places, and memorial gardens.
3. Child Care and Early Education Facility. Establishments providing nonmedical care for persons less than 18 years of age on a less than 24-hour basis other than family day care (small and large). This classification includes commercial and nonprofit nursery schools, preschools, day care facilities for children, and any other day care facility licensed by the State of California. See Division 3, Section 9.31.120, Child Care and Early Education Facilities, for further details.
4. College and Trade School. Institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees, including conference centers and academic retreats associated with such institutions. This classification includes junior colleges, business and computer schools,
5.K.a
Packet Pg. 101 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 10 management training, technical and trade schools, but excludes personal instructional services such as music lessons.
5. Community Assembly. A facility for public or private meetings including community centers, banquet centers, religious assembly facilities, civic auditoriums, union halls, meeting halls for clubs and other membership organizations. This classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, and storage. It does not include gymnasiums or other sports facilities, convention centers, or facilities, such as day care centers and schools that are separately classified and regulated. See Division 3, Section 9.31.100, Community Assembly, for further details.
6. Community Garden. An area of land managed and maintained by a public or nonprofit organization or a group of individuals to grow and harvest food crops and/or ornamental crops, such as flowers, for personal or group use, consumption, or donation.
Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members. Community gardens may be accessory to public or institutional uses such as parks, schools, community centers, or religious assembly uses. This classification does not include gardens that are on a property in residential use when access is limited to those who reside on the property.
Community gardens do not include medical marijuana collectives.
7. Cultural Facility. Facilities engaged in activities to serve and promote aesthetic and educational interest in the community that are open to the public on a regular basis. This classification includes performing arts centers for theater, music,
5.K.a
Packet Pg. 102 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 11 dance, and events; spaces for display or preservation of objects of interest in the arts or sciences; libraries; museums; historical sites; aquariums; art galleries; and zoos and botanical gardens. It does not include schools or institutions of higher education providing curricula of a general nature.
8. Hospitals and Clinics. State-licensed public, private, and nonprofit facilities providing medical, surgical, mental health, or emergency medical services. This classification includes facilities for inpatient or outpatient treatment, including substanceabuse programs, as well as training, research, and administrative services for patients and employees. This classification excludes veterinary services and animal hospitals (see Animal Care, Sales, and Services).
a. Hospital. A facility providing medical, surgical, mental health, or services primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. b. Clinic. A facility providing medical, mental health, or surgical services exclusively on an out-patient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities offering substance abuse treatment, blood banks, plasma, dialysis centers, and emergency medical services offered exclusively on an out-patient basis. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale (see Offices, Medical and Dental).
5.K.a
Packet Pg. 103 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 12 9. Park and Recreation Facility. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, which are open to the general public.
This classification also includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, golf courses, and botanical gardens, as well as related food concessions or community centers within the facilities and restrooms within a primary structure or in an accessory structure on the same site.
10. Public Safety Facility. Facilities providing public-safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training and maintenance facilities.
11. School. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools.
12. Social Service Center. Facilities providing a variety of supportive services for disabled and homeless individuals and other targeted groups on a less than 24-hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (see Adult Day Care and Child Care and Early Education Facility), clinics (see Clinic), and emergency shelters providing 24-hour or overnight care (see Emergency Shelter).
B. Commercial Use Classifications
1. Adult-Oriented Business. See Sexually-Oriented Businesses.
2. Animal Care, Sales and Services. Retail sales and services related to the boarding, grooming, and care of household pets, including:
a. Grooming and Pet Store. Retail sales of animals and/or services,
5.K.a
Packet Pg. 104 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 13 including grooming, for animals on a commercial basis. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores and shops. This classification excludes dog walking and similar pet care services not carried out at a fixed location, and excludes pet supply stores that do not sell animals or provide on-site animal services (see General Retail Sales).
b. Kennel. A commercial, nonprofit, or governmental facility for keeping, boarding, training, breeding or maintaining 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator on a 24-hour basis.
This classification includes animal shelters and animal hospitals that provide boarding-only services for animals not receiving services on the site but excludes the provision by shops and hospitals of 24-hour accommodation of animals receiving medical services on site. This classification also includes kennels that, in addition to 24-hour accommodation, provide pet care for periods of less than 24 hours but it does not include facilities that provide pet day care exclusively or predominantly.
c. Pet Day Care Service. A commercial, nonprofit, or governmental facility for keeping 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator primarily for periods of less than 24 hours. d. Veterinary Service. Veterinary services for domesticated animals.
This classification allows 24-hour accommodation of animals receiving medical services but does not include kennels.
3. Automobile/Vehicle Sales and Services. Retail or wholesale businesses that sell, rent, and/or repair automobiles, boats, recreational vehicles, trucks, vans,
5.K.a
Packet Pg. 105 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 14 trailers, and motorcycles, including the following:
a. Alternative Fuels and Recharging Facility. A facility offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG) as well as equipment to recharge electric-powered vehicles. This classification does not include facilities within public garages or other stations that are accessory to a permitted use.
b. Automobile Rental. Rental of automobiles. Typical uses include car rental agencies. See Division 3, Section 9.31.050, Automobile Rental, for further details.
c. Automobile Storage Parcel. Any property used for short- or longterm parking of vehicles for sale or lease at an automobile dealership or rental agency on a separate parcel from such agency or dealership. d. Automobile/Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of new or used automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated repair services and parts sales for vehicles sold or leased by the manufacturer associated with the dealership. (For auto repair, see Automobile/Vehicle Service and Repair, Major and Minor.) This classification includes on-site facilities for maintaining an inventory of vehicles for sale or lease but excludes buildings and property on a separate site that are used for storing vehicles (see Automobile Storage Parcel). Typical uses include automobile dealers and recreational vehicle sales agencies. This classification also includes minor on-site preparation, washing, buffing, waxing, and detailing of vehicles for sale or vehicles repaired at the facility. Any outdoor preparation, washing, buffing,
5.K.a
Packet Pg. 106 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 15 waxing, and detailing of vehicles shall comply with the standards of Section
9.31.080(C), (D), (M), (N), (P), and (Q). This classification does not include automobile brokerage and other establishments that solely provide services of arranging, negotiating, assisting, or effectuating the purchase of automobiles for others. See Division 3, Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage, for further details.
e. Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, auto glass services, vehicle painting, tire sales and installation, and installation of car alarms, sound, telecommunications, and navigation systems, but excludes vehicle dismantling or salvaging and tire retreading or recapping. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further details.
f. Automobile/Vehicle Service and Repair, Minor. The service and repair of automobiles, light-duty trucks, boats, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, as well as smog check quick-service oil, tune-up and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes disassembly, removal
5.K.a
Packet Pg. 107 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 16 or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors or hazardous materials, and towing services. It also excludes repair of heavy trucks, limousines or construction vehicles. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further details.
g. Automobile/Vehicle Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles, that are the principal use of a building, structure, or site, including self-serve washing facilities. See Division 3, Section
9.31.080, Automobile/Vehicle Washing, for further details. h. Large Vehicle and Equipment Sales, Service, and Rental Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, moving, agricultural, or landscape gardening activities. Includes large vehicle operation training facilities. i. Service Station. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or providing accessory food and retail services. See Division 3, Section 9.31.320, Service Stations, for further details. j. Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services (for automobile dismantling, see Salvage and Wrecking). This
5.K.a
Packet Pg. 108 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 17 classification includes parcels used for storage of impounded vehicles.
4. Banks and Financial Institutions.
a. Bank and Credit Union. Financial institutions providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, including credit unions, but excluding check-cashing businesses. For administration, headquarters, or other offices of banks and credit unions without retail banking services/on-site circulation of money (see Offices, Business and Professional).
b. Check Cashing Business. Establishments that, for compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes the business of deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code 1789.33. Check Cashing Businesses do not include State or Federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers that cash checks or issue money orders incidental to their main purpose or business.
5. Bar. See Eating and Drinking Establishments.
6. Business Service. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, mailbox services, equipment rental and leasing, office security, custodial services, film
5.K.a
Packet Pg. 109 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 18 processing, model building, and delivery services with 2 or fewer fleet vehicles on-site. (For 3 or more fleet vehicles, see Light Fleet-Based Services.)
7. Commercial Entertainment and Recreation. Provision of participant or spectator entertainment. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons. a. Cinema. Facilities for indoor display of films and motion pictures. b. Theater. Facilities designed and used for entertainment, including plays, comedy, and music, which typically contain a stage upon which movable scenery and theatrical appliances or musical instruments and equipment are used. c. Convention and Conference Centers. Facilities designed and used for conventions, conferences, seminars, trade shows, product displays, and other events in which groups gather to promote and share common interests.
Convention centers typically have at least one auditorium and may also contain concert halls, lecture halls, meeting rooms, and conference rooms, as well as accessory uses such as facilities for food preparation and serving and administrative offices. For conference facilities accessory to hotels, see Hotel and Motel.
d. Large-Scale Facility. This classification includes large outdoor facilities such as amusement and theme parks, sports stadiums and arenas, racetracks, amphitheaters, drive-in theaters, driving ranges, and golf courses. It also includes indoor facilities with 5,000 square feet or more in building area such as fitness centers, gymnasiums, handball, racquetball, or large tennis club facilities; ice or roller skating rinks; swimming or wave pools; miniature golf
5.K.a
Packet Pg. 110 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 19 courses; bowling alleys; archery or indoor shooting ranges; and riding stables. e. Small-Scale Facility. This classification includes small, generally indoor facilities that occupy less than 5,000 square feet of building area, such as billiard parlors, card rooms, game arcades, dance halls, small tennis club facilities, poolrooms, and amusement arcades.
f. Fortunetelling. An establishment where a person or persons provide fortunetelling services and demand or receive, directly or indirectly, a fee or reward, or accept any donation for the exercise or exhibition of fortunetelling services, or give an exhibition of fortunetelling services at any place where a fee, donation or reward is charged or received, directly or indirectly as a condition of entry. Fortunetelling services shall include, but not be limited to, the telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, psychic reading, occult reading, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, tarot card readings, tea leaves, telepathy or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic of any kind or nature.
8. Eating and Drinking Establishments. Businesses primarily engaged in selling and serving prepared food and/or beverages for consumption on or off the premises.
a. Bar/Night Club/Lounge. Businesses that are licensed by the State
5.K.a
Packet Pg. 111 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 20 to serve alcoholic beverages, including beer, wine and mixed drinks for consumption on the premises from a liquor service facility that is physically separate from the dining area and may be operated during hours when food is not served. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details.
b. Restaurant, Full-Service. Restaurants providing food and beverage services to patrons who order and are served while seated and pay after eating.
Takeout service may also be provided. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, where applicable, for further details.
c. Restaurant, Limited-Service and Take-Out. Establishments where food and beverages may be consumed on the premises, taken out, or delivered.
This classification includes cafes, cafeterias, coffee shops, delicatessens, fastfood restaurants, sandwich shops, limited-service pizza parlors, self-service restaurants, ice cream and frozen yogurt shops, and snack bars with indoor or outdoor seating for customers. This classification includes bakeries that have tables for on-site consumption of products. It excludes catering services that do not sell food or beverages for on-site consumption (see Commercial Kitchen). See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.280, Restaurants, Limited Service and Take Out Only, where applicable, for further details.
d. Food Hall. Establishments consisting of three or more individually licensed businesses within an enclosed building where food and beverages may be consumed on the premises, taken out, or delivered, and may also include small
5.K.a
Packet Pg. 112 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 21 retail venues. Patrons may be served while seated and pay after eating, or orders may be made at a walk-up window, counter, machine, or remotely, and payment made prior to food consumption. Characteristics of food halls include but are not limited to: shared entrance/lobby areas, compartmentalized spaces for individually licensed businesses, shared eating areas, shared restrooms, and shared “back of house” areas (e.g., storage, dishwashing, food preparation). Each compartmentalized space may have access to the exterior of the building, along with outdoor dining and seating areas, which may be shared with other businesses within the establishment.
e. With Drive-Through Facility. Establishments providing food and beverage services to patrons remaining in automobiles. Includes drive-up service. f. With Outdoor Dining and Seating Area. Provision of outdoor dining facilities on the same property or in the adjacent public right-of-way. See Division 3, Section 9.31.200, Outdoor Dining and Seating, for further details.
9. Equipment Rental. Establishments whose primary activity is the rental of equipment, such as medical and party equipment, to individuals and business, and whose activities may include storage and delivery of items to customers.
10. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include food markets, groceries, and liquor stores.
a. Convenience Market. Retail establishments that sell a limited line of groceries, prepackaged food items, tobacco, magazines, and other household goods, primarily for off-premises consumption. These establishments typically
5.K.a
Packet Pg. 113 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 22 have long or late hours of operation and occupy a relatively small building. This classification includes small retail stores located on the same parcel as or operated in conjunction with a Service Station but does not include delicatessens or specialty food shops. It excludes establishments that offer a sizeable assortment of fresh fruits and vegetables or fresh-cut meat (see General Market). See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details. b. Farmers Market. A location where the primary activity is the sale of agricultural products by producers and certified producers. Sales of ancillary products may occur at the location. An open air farmers market may only be operated by a local government agency.
c. General Market. Retail food markets of food and grocery items primarily for offsite preparation and consumption. Typical uses include supermarkets and specialty food stores such as retail bakeries; candy, nuts and confectionary stores; meat or produce markets; vitamin and health food stores; cheese stores; and delicatessens. This classification may include small-scale specialty food production with retail sales such as pasta shops. See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.150, General Markets in Residential Districts, where applicable, for further details. d. Liquor Store. Establishments primarily engaged in selling packaged alcoholic beverages for off-site consumption. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details.
11. Funeral Parlor and Mortuary. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and
5.K.a
Packet Pg. 114 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 23 conducting memorial services. Typical uses include a crematory, columbarium, mausoleum, or mortuary.
12. Home Occupation. A use that is incidental and secondary to the primary residential use of a dwelling and compatible with surrounding residential uses. These uses include business, professional, and creative offices, food production, limited personal services, and urban agriculture. See Division 3, Section 9.31.160, Home Occupations for further details.
13. Instructional Services. Establishments that offer specialized programs in personal growth and development, typically in a classroom setting. Typical uses include classes or instruction in music, health, athletics, art, or academics. Instructional Services may include rehearsal studios as an accessory use. This use type excludes Colleges and Trade Schools and facilities that offer instructional services (see General Personal Services). This use type also excludes gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. See Personal Services-Physical Training.
14. Live-Work. A unit that combines a work space and incidental residential space occupied and used by a single household in a structure that has been constructed for such use or converted from commercial or industrial use and structurally modified to accommodate residential occupancy and work activity in compliance with the Building Code. The working space is reserved for and regularly used by one or more occupants of the unit. See Division 3, Section 9.31.170, Live-Work Units, for further details.
15. Lodging. An establishment providing overnight accommodations to transient patrons who maintain a permanent place of residence elsewhere for payment
5.K.a
Packet Pg. 115 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 24 for periods of 30 consecutive calendar days or less. a. Bed and Breakfast. A residential structure that is in residential use in which the property owner or manager lives on site and within which up to 4 bedrooms are rented for overnight lodging and where meals may be provided. See Division 3, Section 9.31.090, Bed and Breakfasts, for further details. b. Hotel and Motel. An establishment providing temporary lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This use classification includes motor lodges, motels, apartment hotels, hostels and tourist courts, but does not include rooming houses, boarding houses, or private residential clubs, single-room occupancy housing, or bed and breakfast establishments within a single-unit residence. c. Vacation Rental. A property with a dwelling unit or guest house intended for permanent occupancy that is available for rent or hire for any person other than the primary owner for transient use for 30 days or less or is otherwise occupied or utilized on a transient basis for 30 days or less. Vacation rental does not include a Bed and Breakfast as defined above.
16. Maintenance and Repair Service. Establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and similar items. This classification excludes maintenance and repair of motor vehicles or boats (see Automotive/Vehicle Sales and Services) and personal apparel (see Personal Services).
17. Mobile Food Truck Off-Street Venue. A location where the commercial vending of food occurs from parked vehicles.
5.K.a
Packet Pg. 116 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 25 18. Nursery and Garden Center. Establishments primarily engaged in retailing nursery and garden products—such as trees, shrubs, plants, seeds, bulbs, and sod—that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. Fertilizer and soil products are stored and sold in packaged form only.
19. Offices. Offices of firms, organizations (for-profit and nonprofit), and public agencies providing professional, executive, management, administrative or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, insurance, and legal offices, excluding banks and savings and loan associations with retail banking services (see Banks and Financial Institutions). This classification also includes offices where medical and dental services are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, including medical/dental laboratories within medical office buildings but excluding clinics or independent research laboratory facilities (see Research and Development) and hospitals (see Hospital and Clinic). a. Business and Professional. Offices of firms, organizations, or agencies providing professional, executive, management, administrative, financial, accounting, or legal services, but excluding those that primarily provide direct services to patrons that visit the office (see Offices, Walk-In Clientele). b. Creative. Offices, production spaces, and work spaces of establishments that are in the business of the development, publishing, production, or distribution of creative property, including, but not limited to, advertising, architectural services, broadcasting, communications, computer software design,
5.K.a
Packet Pg. 117 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 26 media content, entertainment, engineering, fashion design, film distribution, graphic design, interior design, internet content, landscape design, photography, and similar uses.
c. Medical and Dental. Offices providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors and dentists; medical and dental laboratories that see patients; and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental medical and/or dental research within the office is considered part of the office use if it supports the on-site patient services. d. Walk-In Clientele. Offices predominantly providing direct services to patrons or clients and do not require appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials. It does not include banks or check-cashing facilities, which are separately classified and regulated (see Banks and Financial Institutions).
20. Parking, Public or Private. Structures and surface lots offering parking for a fee when such use is not incidental to another on-site activity.
21. Personal Service.
a. General Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber shops and beauty salons, seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, video rental stores, photocopying and photo finishing services, and travel agencies mainly intended
5.K.a
Packet Pg. 118 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 27 for the consumer. This classification also includes massage establishments that are in full compliance with the applicable provisions of Chapter 6.104, Massage Regulations, of the Santa Monica Municipal Code, and in which all persons engaged in the practice of massage are certified pursuant to the California Business and Professions Code Section 4612. This classification does not include gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. See Division 3, Section 9.31.230, Personal Service, for further details. b. Personal Services, Physical Training. Gyms, exercise clubs, or studios less than 5,000 square feet offering martial arts, physical exercise, yoga training and similar types of instruction to classes and groups. This classification also includes exclusively youth-serving studios of less than 3,000 square feet offering performing arts, dance, martial arts, physical exercise, and similar types of instruction to classes and groups of more than 5 persons. c. Tattoo or Body Modification Parlor. An establishment whose principal business activity is one or more of the following: (i) using ink or other substances that result in the permanent coloration of the skin through the use of needles or other instruments designed to contact or puncture the skin; or (ii) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. See Division 3, Section 9.31.230, Personal Service, for further details.
22. Retail Sales
(a) Building Materials and Services. Retail sales or rental of building
5.K.a
Packet Pg. 119 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 28 supplies or equipment. This classification includes lumberyards, tool and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include Construction and Material Yards, hardware stores less than 10,000 square feet or establishments engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunitions.
(b) General Retail Sales, Small-Scale. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with 25,000 square feet or less of sales area; including department stores, clothing stores, furniture stores, pet supply stores, small hardware and garden supply/nurseries stores (with 10,000 square feet or less of floor area), and businesses retailing goods including, but not limited to, the following: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video rental, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar smallitem repairs. See Division 3, Sections 9.31.210, Outdoor Newsstands, and
9.31.220, Outdoor Retail Display and Sales, where applicable, for further details. (c) General Retail Sales, Medium-Scale. The retail sale or rental of
5.K.a
Packet Pg. 120 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 29 merchandise not specifically listed under another use classification. This classification includes retail establishments with more than 25,000 square feet but not more than 80,000 square feet of sales area.
(d) General Retail Sales, Large-Scale. Retail establishments with over 80,000 square feet of sales area that sell merchandise and bulk goods for individual consumption, including membership warehouse clubs, where sales of grocery items do not occupy more than 25% of the floor area. (e) Medicinal Cannabis Retailer. A licensed premises which is a physical location from which retail medicinal cannabis or medicinal cannabis products are intended to be sold for use, pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation. The premises may be closed to the public; sales may be made exclusively by delivery. Subject to the provisions of SMMC Section 9.31.185 Medicinal Cannabis Retailers shall be permitted to deliver, cultivate, or sell adultuse cannabis or adult-use cannabis products, as licensed and regulated by Business and Professions Code Section 26000 et seq. and as amended from time to time, to persons 21 years of age and over.
(f) Pawn Shop. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property. (g) Swap Meet. Any indoor or outdoor place, in an approved location, or for an approved activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of
5.K.a
Packet Pg. 121 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) 30 individual licensed vendors, usually in compartmentalized spaces. The term swap meet is interchangeable with and applicable to: flea markets, auctions, open air markets, outdoor sales activities, or other similarly named or labeled activities; but does not include supermarket or department store retail operations. See Division 3, Sections 9.31.360, Swap Meets, and 9.31.220, Outdoor Retail Display and Sales, for further details.
SECTION 2. Any provision of the Santa Monica Municipal Code or any appendix thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective thirty days after its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
5.K.a
Packet Pg. 122 Attachment: ORD-Cannabis IZO 2d (6123 : Cannabis IZO - Second Reading) From: Taylor Megdal
To: councilmtgitems
Cc: Lauren Niehaus; Brian Manning
Subject: Recreational Canabis Ownership Letter of Support Date: Monday, October 23, 2023 10:30:06 AM
Attachments: City of Santa Monica_Support for Adult-Use Sales_10.19.23 TM Signed.pdf
EXTERNAL
I respectfully submit the attached in favor of allowing the two medical licenses currently in Santa Monica to be allowed to be adult use.
Let me know if you have any questions...
Thank you
Taylor
Taylor Megdal, Esq.
President
The Megdal Companies
252 S. Beverly Drive, Suite #C
Beverly Hills, CA 90212
Office: (310) 277-0416
Fax: (310) 277-0519
Cell: (310) 601-6600
ITEM 5.K.
November 14, 2023
ITEM 5.K.
November 14, 2023
5.K.b
Packet Pg. 123 Attachment: Written Comments (6123 : Cannabis IZO - Second Reading) October 23, 2023
RE: Support for adult-use sales in the city of Santa Monica Santa Monica City Council
1685 Main St.
Santa Monica, CA 90401
Dear Members of the Santa Monica City Council,
We are writing to express our strong support for the sale of adult-use cannabis within the city of Santa Monica. As an established cannabis operator in the state, we have witnessed the positive effects of responsible cannabis regulation, and believe Santa Monica has the opportunity to benefit greatly from such a policy change.
Adult use marijuana legalization has been implemented successfully, and responsibly, in various states across the nation. In November 2016, California citizens supported adult-use legalization, via Prop 64. Santa Monica is poised to adopt the same.
The city has already secured two strong operators and has rules in place that will ensure that the cannabis businesses in the city operate to the benefit of the community.
We believe that Santa Monica, with its vibrant and diverse community, is well-positioned to launch into adult-use sales while continuing to prioritize public safety and community wellbeing. By allowing adult-use sales, the city can benefit from an economic boost and ensure that consumers have access to safe and regulated products.
Transparency and open dialogue are crucial to shaping policies that reflect the needs and values of the residents, while ensuring a strong business environment. We appreciate the opportunity to expand upon our originally planned business and provide both medical and adult use access to Santa Monica citizens.
As the city has already promulgated rules for medical sales, it is imperative that those standards remain in place. Transitioning those rules to be inclusive of adult use sales, will prime the approved operators for success. We strongly encourage the Council to follow the existing state regulations governing the sale of adult use cannabis, and after there has been time for operators to implement those sales, should a change need to be made, we are committed to bringing additional best-practice suggestions to planning and Council for consideration.
Our company is in the midst of construction and poised to open in the coming months. While this process has been a long time coming, we are looking forward to serving the Santa Monica community in the coming months. We will have recently paid for our building permits and are finalizing re-designs of our floor plan layout. As soon as we have approval to proceed, we plan ITEM 5.K.
November 14, 2023
ITEM 5.K.
November 14, 2023
5.K.b
Packet Pg. 124 Attachment: Written Comments (6123 : Cannabis IZO - Second Reading) to move quickly to become operational. Our team on the ground in the city will be focusing all efforts on opening this store before the end Q1, 2024.
To conclude, we ask the Santa Monica City Council to consider the potential benefits of legalizing and regulating adult-use cannabis sales within the city, with the current rules in place.
This is an opportunity to boost the local economy, promote consumer safety, and reduce the influence and use of the illicit market.
Thank you for your time and consideration. We look forward to our continued partnership with the city of Santa Monica.
Sincerely,
Taylor Megdal
Co-Owner, Harvest License/Location
ITEM 5.K.
November 14, 2023
ITEM 5.K.
November 14, 2023
5.K.b
Packet Pg. 125 Attachment: Written Comments (6123 : Cannabis IZO - Second Reading) City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 5.L
1 of 2
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of 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
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on October 24, 2023, the City Council introduced 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. The ordinance is now presented to the City Council for adoption.
5.L
Packet Pg. 126
2 of 2
Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:
A. ORD-Cannabis Amending Section 6.203.010 2d
B. Written Comments
5.L
Packet Pg. 127
1 City Council Meeting: November 14, 2023 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA 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 OR ADULT-USE CANNABIS PRODUCTS TO PERSONS 21 YEARS OF AGE AND OVER, SUBJECT TO SANTA MONICA MUNICIPAL CODE SECTION 9.31.185
WHEREAS, the State of California has a long history of regulating cannabis uses within the State; and
WHEREAS, in 1996, California voters approved Proposition 215 (codified at Health and Safety Code section 11362.5 and titled the “Compassionate Use Act of 1996”), which provides criminal immunity for patients and primary caregivers for the cultivation and possession of cannabis if a doctor has recommended the cannabis for medical purposes; and
WHEREAS, in 2004, Senate Bill 420 was enacted (codified at Health and Safety Code section 11362.7 et seq. and titled the “Medical Marijuana Program Act”) to clarify the scope of the Compassionate Use Act of 1996; and
WHEREAS, the Medical Marijuana Program Act allows cities and other governing bodies to adopt and enforce laws consistent with its provisions; and WHEREAS, in 2015, Assembly Bills 243 and 266 and Senate Bill 643 were enacted (codified at Business and Professions Code section 19300 et seq. and titled the “Medical Marijuana Regulation and Safety Act”) and provided for enhanced statewide marijuana regulations; and
5.L.a
Packet Pg. 128 Attachment: ORD-Cannabis Amending Section 6.203.010 2d (6124 : Cannabis Section 6.203.010 - Second Reading) 2 WHEREAS, In November 2016, voters approved Proposition 64, the Adult Use of Marijuana Act (“AUMA”), which allows adults 21 years of age or older to legally grow, possess, and use cannabis for nonmedicinal purposes, with certain restrictions; and WHEREAS, beginning on January 1, 2018, AUMA authorizes the sale and distribution of cannabis for nonmedicinal purposes through a licensed business; and WHEREAS, in 2017, the State legislature enacted Senate Bill 94 which created the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) which establishes a robust set of regulations for the medicinal and adult use cannabis markets, aligns all permit types, and authorizes certain state agencies to establish rules governing cannabis operations and to implement the law; and
WHEREAS, MAUCRSA continues to preserve local control over cannabis-related uses by: (1) requiring medicinal cannabis businesses to obtain both a state license and a local license or permit, if required, to operate legally in California, (2) terminating the ability of a medicinal cannabis business to operate if its local license or permit is terminated, (3) continuing to authorize local governments to enforce local cannabis-related laws, (4) providing for penalties for unlicensed activities, and (5) expressly protecting local licensing practices, zoning and business regulation laws, and local actions taken under the constitutional police power; and
WHEREAS, consistent with State actions, the City Council, when adopting its comprehensive update to its Zoning Ordinance in 2015, contemplated authorizing two medicinal cannabis retailers within the City to serve local needs; and WHEREAS, the City has commenced a prolonged medicinal cannabis retailer selection process and issued two permits for the operation of a medicinal cannabis
5.L.a
Packet Pg. 129 Attachment: ORD-Cannabis Amending Section 6.203.010 2d (6124 : Cannabis Section 6.203.010 - Second Reading) 3 retailers in the City; and
WHEREAS, the City has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, on May 10, 2022, City Council requested that the City Manager schedule a study session as soon as practicable regarding whether to allow for the sale of nonmedicinal cannabis in the City of Santa Monica; and WHEREAS, on July 26, 2022, in line with potential economic recovery efforts, the City Council voted to place a cannabis business license tax measure (Measure HMP) on the November 2022 ballot, imposing a tax on all commercial cannabis activities; and WHEREAS, in the November 2022 election, the voters approved Measure HMP; and
WHEREAS, on June 13, 2023, City Council held a discussion session where it: (1) considered key policy considerations for allowing adult-use cannabis businesses and other non-retail cannabis business types within the City of Santa Moncia; (2) discussed options for allowing adult-use cannabis sales and associated regulatory restrictions as may be appropriate; and (3) provided direction to staff on bringing back changes to the Municipal Code to allow for adult-use cannabis retail businesses and non-retail cannabis business types within the City; and
WHEREAS, at the June 13, 2023, study session, City Council approved allowing the previously approved medicinal cannabis retailers to also sell, cultivate, and deliver adult-use cannabis while the permanent adult-use cannabis updates are pending; and WHEREAS, Section 6.203.010 of the Santa Monica Municipal Code currently
5.L.a
Packet Pg. 130 Attachment: ORD-Cannabis Amending Section 6.203.010 2d (6124 : Cannabis Section 6.203.010 - Second Reading) 4 prohibits commercial cannabis sales in the City; and
WHEREAS, the City desires to amend 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 or adultuse cannabis products to persons 21 years of age and over subject to the Santa Monica Municipal Code Section 9.31.185.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Commercial Nonmedicinal Cannabis Uses. Santa Monica Municipal Code Section 6.203.010 is amended as follows:
6.203.01 Commercial Nonmedicinal Cannabis Uses
a. Except as provided in subsection b, below, it shall be unlawful to undertake, establish, operate, maintain, or permit any commercial nonmedicinal cannabis use in the City. Except as provided in this subsection b, below, no use permit, business license, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued. The possession of a State license for commercial nonmedicinal cannabis use shall not be sufficient to authorize the operation of such a use within the City.
b. Notwithstanding the prohibitions set forth in subsection a, above, a medicinal cannabis retailer that has been issued a medicinal cannabis permit pursuant to Chapter 6.203 of the Santa Monica Municipal Code prior to October 10, 2023, and subject to Santa Monica Municipal Code Section 9.31.185, shall be permitted to deliver, cultivate, or sell adult-use cannabis or adult-use cannabis products, as licensed and regulated by
5.L.a
Packet Pg. 131 Attachment: ORD-Cannabis Amending Section 6.203.010 2d (6124 : Cannabis Section 6.203.010 - Second Reading) 5 Business and Professions Code Section 26000 et seq. and as amended from time to time, to persons 21 years of age and over. The authority to operate under this subsection will be limited to each annual business license term or renewal and will be subject to any additional requirements the City may adopt by ordinance, or administrative regulations or conditions in accordance with Santa Monica Municipal Code Section 6.200.040, including, but not limited to, any requirements related to social equity or community benefits.
SECTION 2. Any provision of the Santa Monica Municipal Code or any appendix thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
5.L.a
Packet Pg. 132 Attachment: ORD-Cannabis Amending Section 6.203.010 2d (6124 : Cannabis Section 6.203.010 - Second Reading) 6 SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective thirty days after its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
5.L.a
Packet Pg. 133 Attachment: ORD-Cannabis Amending Section 6.203.010 2d (6124 : Cannabis Section 6.203.010 - Second Reading) From: Taylor Megdal
To: councilmtgitems
Cc: Lauren Niehaus; Brian Manning
Subject: Recreational Canabis Ownership Letter of Support Date: Monday, October 23, 2023 10:30:06 AM
Attachments: City of Santa Monica_Support for Adult-Use Sales_10.19.23 TM Signed.pdf
EXTERNAL
I respectfully submit the attached in favor of allowing the two medical licenses currently in Santa Monica to be allowed to be adult use.
Let me know if you have any questions...
Thank you
Taylor
Taylor Megdal, Esq.
President
The Megdal Companies
252 S. Beverly Drive, Suite #C
Beverly Hills, CA 90212
Office: (310) 277-0416
Fax: (310) 277-0519
Cell: (310) 601-6600
ITEM 5.L.
November 14, 2023
ITEM 5.L.
November 14, 2023
5.L.b
Packet Pg. 134 Attachment: Written Comments (6124 : Cannabis Section 6.203.010 - Second Reading) October 23, 2023
RE: Support for adult-use sales in the city of Santa Monica Santa Monica City Council
1685 Main St.
Santa Monica, CA 90401
Dear Members of the Santa Monica City Council,
We are writing to express our strong support for the sale of adult-use cannabis within the city of Santa Monica. As an established cannabis operator in the state, we have witnessed the positive effects of responsible cannabis regulation, and believe Santa Monica has the opportunity to benefit greatly from such a policy change.
Adult use marijuana legalization has been implemented successfully, and responsibly, in various states across the nation. In November 2016, California citizens supported adult-use legalization, via Prop 64. Santa Monica is poised to adopt the same.
The city has already secured two strong operators and has rules in place that will ensure that the cannabis businesses in the city operate to the benefit of the community.
We believe that Santa Monica, with its vibrant and diverse community, is well-positioned to launch into adult-use sales while continuing to prioritize public safety and community wellbeing. By allowing adult-use sales, the city can benefit from an economic boost and ensure that consumers have access to safe and regulated products.
Transparency and open dialogue are crucial to shaping policies that reflect the needs and values of the residents, while ensuring a strong business environment. We appreciate the opportunity to expand upon our originally planned business and provide both medical and adult use access to Santa Monica citizens.
As the city has already promulgated rules for medical sales, it is imperative that those standards remain in place. Transitioning those rules to be inclusive of adult use sales, will prime the approved operators for success. We strongly encourage the Council to follow the existing state regulations governing the sale of adult use cannabis, and after there has been time for operators to implement those sales, should a change need to be made, we are committed to bringing additional best-practice suggestions to planning and Council for consideration.
Our company is in the midst of construction and poised to open in the coming months. While this process has been a long time coming, we are looking forward to serving the Santa Monica community in the coming months. We will have recently paid for our building permits and are finalizing re-designs of our floor plan layout. As soon as we have approval to proceed, we plan ITEM 5.L.
November 14, 2023
ITEM 5.L.
November 14, 2023
5.L.b
Packet Pg. 135 Attachment: Written Comments (6124 : Cannabis Section 6.203.010 - Second Reading) to move quickly to become operational. Our team on the ground in the city will be focusing all efforts on opening this store before the end Q1, 2024.
To conclude, we ask the Santa Monica City Council to consider the potential benefits of legalizing and regulating adult-use cannabis sales within the city, with the current rules in place.
This is an opportunity to boost the local economy, promote consumer safety, and reduce the influence and use of the illicit market.
Thank you for your time and consideration. We look forward to our continued partnership with the city of Santa Monica.
Sincerely,
Taylor Megdal
Co-Owner, Harvest License/Location
ITEM 5.L.
November 14, 2023
ITEM 5.L.
November 14, 2023
5.L.b
Packet Pg. 136 Attachment: Written Comments (6124 : Cannabis Section 6.203.010 - Second Reading) City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 5.M
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance to Amend Santa Monica Municipal Code 7.04.880 to Require Wastewater Capacity Studies for New Developments
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on October 24, 2023, the City Council introduced for first reading an Ordinance to amend Santa Monica Municipal Code 7.04.880 to require wastewater capacity studies for new developments. The ordinance is now presented to the City Council for adoption.
Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:
A. ORD-7.04.880 Wastewater Capacity Study
5.M
Packet Pg. 137
1 City Council Meeting November 14, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 7.04.880 TO THE SANTA MONICA MUNICIPAL
CODE TO REQUIRE WASTEWATER CAPACITY STUDIES FOR NEW
DEVELOPMENTS
WHEREAS, the City’s Department of Public Works- Water Resources Division is responsible for all facilities that support the collection and conveyance of wastewater for safe collection and treatment; and
WHEREAS, the City and its wastewater infrastructure are largely built out, therefore, the wastewater collection infrastructure is already in place and generally fixed in nature; and
WHEREAS, the City, to the extent practical, will provide wastewater service when: 1) sufficient collection capacity is available to accommodate the demand approved by the City’s Water Resources Division within the service area and 2) the proposed development can be provided with wastewater collection services in a fashion that meets the City’s criteria as well as the City of Los Angeles’ criteria; and WHEREAS, the City currently collects and convey its wastewater to the City of Los Angeles’ Hyperion Treatment Plant as part of City of Los Angeles’ Amalgamated System; and
WHEREAS, the City’s Water Resources Division seeks to add a new section of code to require all new multi-family, mixed-use, institutional, and commercial development in the City to conduct a wastewater capacity study to confirm available
5.M.a
Packet Pg. 138 Attachment: ORD-7.04.880 Wastewater Capacity Study (6125 : 7.04.880 Wastewater Capacity - Second Reading) 2 capacity and identify local off-site water infrastructure improvements that the applicant/developer is responsible for to serve the development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 7.04.880 is hereby added to read as follows:
7.04.880 Wastewater Capacity Study Required for New Development. (a) Applicability. Except as provided in subparagraph (g), below, an applicant for New Development in the City shall conduct a Wastewater Capacity Study to determine whether and to what extent additional local off-site wastewater infrastructure improvements are necessary to serve the development.
(b) Definitions.
i. “New Development”. For the purposes of implementing this Section, New Development means any new construction with water fixtures; any increase in gross floor area of an existing development with new water fixtures; and any subdivision of land, including lot splits. Without limiting the generality of the foregoing definition, new development includes the addition of an accessory dwelling unit, as defined in Section 9.31.025, but does not include the addition of a junior accessory dwelling unit, as defined in Section 9.31.025; ii. “Adverse Impact” means the inability to provide adequate wastewater collection service due to the size of the existing infrastructure compared with the demand for wastewater service required to serve existing and/or New Development.
5.M.a
Packet Pg. 139 Attachment: ORD-7.04.880 Wastewater Capacity Study (6125 : 7.04.880 Wastewater Capacity - Second Reading) 3 iii. “Wastewater Capacity Study” means a hydraulic analysis of the City’s wastewater collection system to determine if the existing infrastructure could maintain reliable service to the New Development or if off-site improvements are required to serve the New Development.
(c) Timing for Submittal of Study.
i. The need to conduct a Wastewater Capacity Study for the New Development shall be confirmed before the planning application, including but not limited to Administrative Approval Application or application for Development Review Permit, is deemed complete by the City. The Wastewater Capacity Study, if required, shall be completed based upon the guidelines published by the City’s Water Resources Manager and posted on the Water Resources Division website. ii. If a Wastewater Capacity Study is required for the New Development, the capacity study, findings of the capacity study, and the plans for any local offsite improvements required to serve the New Development shall be completed before building plans are submitted for Building Permit Plan Check. (d) Requirements for Off-Site Improvements. If the City’s Water Resources Manager or designee determines, based upon the Wastewater Capacity Study results, that additional off-site infrastructure is required to satisfy the additional demand created by the New Development, then the applicant for the New Development shall be required to construct off-site infrastructure as necessary to accommodate the New Development.
Required off-site improvements shall be confirmed at the time of Building Permit Plan Check.
5.M.a
Packet Pg. 140 Attachment: ORD-7.04.880 Wastewater Capacity Study (6125 : 7.04.880 Wastewater Capacity - Second Reading) 4 (e) The applicant for the New Development shall be responsible for paying all administrative fees (e.g., Sewer Study Review Fee) incurred by the City to review the Wastewater Capacity Study.
(f) The Water Resources Manager may refuse water service in areas where the New Development will cause or contribute to creation of an Adverse Impact on the City’s wastewater collection infrastructure.
(g) Exemptions.
i. The City’s Director of Public Works may exempt an applicant or New Development from the requirements of this Section, upon showing by the applicant that the requirements of this Section would cause undue hardship. ii. For purposes herein, an “undue hardship” shall be found where imposition of the water capacity study and local off-site improvement requirements would deprive the applicant or New Development of all economically beneficial use of that site or otherwise be prohibited by applicable State or Federal law.
iii. An undue hardship application shall include all information necessary for the Director to make a finding of undue hardship, including, but not limited to, documentation showing the factual support for the claimed undue hardship.
iv. The Director may approve the undue hardship exemption application, in whole or in part, with or without conditions. v. Any exemption granted by the Director is effective immediately.
5.M.a
Packet Pg. 141 Attachment: ORD-7.04.880 Wastewater Capacity Study (6125 : 7.04.880 Wastewater Capacity - Second Reading) 5 SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
5.M.a
Packet Pg. 142 Attachment: ORD-7.04.880 Wastewater Capacity Study (6125 : 7.04.880 Wastewater Capacity - Second Reading) City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 5.N
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance to Amend Santa Monica Municipal Code 7.12.180 to Require Water Capacity Studies for New Developments
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on October 24, 2023, the City Council introduced for first reading an Ordinance to amend Santa Monica Municipal Code 7.12.180 to require water capacity studies for new developments. The ordinance is now presented to the City Council for adoption.
Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:
A. ORD-7.12.180 Water Capacity Study
5.N
Packet Pg. 143
1 City Council Meeting November 14, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTION 7.12.180 OF THE SANTA MONICA
MUNICIPAL CODE TO REQUIRE WATER CAPACITY STUDIES FOR NEW
DEVELOPMENTS
WHEREAS, the City’s Department of Public Works- Water Resources Division is a retail water agency that provides potable water for New Development, as well as landscape irrigation and fire protection; and
WHEREAS, the City and its water infrastructure are largely built out, therefore, the domestic water supply infrastructure is already in place and generally fixed in nature; and
WHEREAS, the City, to the extent practical, provides water service when sufficient water supply and distribution capacity is available to accommodate demand approved within the service area; and
WHEREAS, the City’s Water Resources seeks to amend this section of code to require all New Development in the City to conduct a Water Capacity Study to confirm that the available water infrastructure (e.g., the size of the water service laterals directly serving the property or adjacent water mains) has sufficient capacity to deliver water to the New Development or does not adversely impact existing users; identify what additional infrastructure is needed to provide adequate service for the New Development; and ensure that the applicant for the New Development pays for the study as well as the additional infrastructure, if needed.
5.N.a
Packet Pg. 144 Attachment: ORD-7.12.180 Water Capacity Study (6126 : 7,12,180 Water Capacity - Second Reading) 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 7.12.180 is hereby amended to read as follows:
7.12.180 Water Capacity Study Required for New Development. (a) Applicability. Except as provided in subparagraph (g), below, an applicant for New Development in the City shall conduct a Water Capacity Study to determine whether and to what extent additional local off-site water infrastructure improvements are necessary to serve the development.
(b) Definitions.
i. “New Development”. For the purposes of implementing this Section, New Development means any new construction with water fixtures; any increase in gross floor area of an existing development with new water fixtures; and any subdivision of land, including lot splits. Without limiting the generality of the foregoing definition, new development includes the addition of an accessory dwelling unit, as defined in Section 9.31.025, but does not include the addition of a junior accessory dwelling unit, as defined in Section 9.31.025; ii. “Adverse Impact” means the inability to provide adequate potable water service due to the size of the existing infrastructure compared with the demand for potable water service required to serve existing and/or New Development.
iii. “Water Capacity Study” means a hydraulic analysis of the City’s water distribution system to determine if the existing infrastructure could maintain
5.N.a
Packet Pg. 145 Attachment: ORD-7.12.180 Water Capacity Study (6126 : 7,12,180 Water Capacity - Second Reading) 3 reliable service to the New Development or if off-site improvements are required to serve the New Development.
(c) Timing for Submittal of Study.
i. The need to conduct a Water Capacity Study for the New Development shall be confirmed before the planning application, including but not limited to Administrative Approval Application or application for Development Review Permit, is deemed complete by the City. The Water Capacity Study, if required, shall be completed based upon the guidelines published by the City’s Water Resources Manager and posted on the Water Resources Division website. ii. If a Water Capacity Study is required for the New Development, the capacity study, findings of the capacity study, and the plans for any local off-site improvements required to serve the New Development shall be completed before building plans are submitted for Building Permit Plan Check. (d) Requirements for Off-Site Improvements. If the City’s Water Resources Manager or designee determines, based upon the Water Capacity Study results, that additional off-site infrastructure is required to satisfy the additional demand created by the New Development, then the applicant for the New Development shall be required to construct off-site infrastructure as necessary to accommodate the New Development.
Required off-site improvements shall be confirmed at the time of Building Permit Plan Check.
(e) The applicant for the New Development shall be responsible for paying all administrative fees (e.g., Water Study Review Fee) incurred by the City to review the Water Capacity Study.
5.N.a
Packet Pg. 146 Attachment: ORD-7.12.180 Water Capacity Study (6126 : 7,12,180 Water Capacity - Second Reading) 4 (f) The Water Resources Manager may refuse water service in areas where the New Development will cause or contribute to creation of an Adverse Impact on the City’s water distribution infrastructure.
(g) Exemptions.
i. The City’s Director of Public Works may exempt an applicant or New Development from the requirements of this Section, upon showing by the applicant that the requirements of this Section would cause undue hardship. ii. For purposes herein, an “undue hardship” shall be found where imposition of the water capacity study and local off-site improvement requirements would deprive the applicant or New Development of all economically beneficial use of that site or otherwise be prohibited by applicable State or Federal law.
iii. An undue hardship application shall include all information necessary for the Director to make a finding of undue hardship, including, but not limited to, documentation showing the factual support for the claimed undue hardship.
iv. The Director may approve the undue hardship exemption application, in whole or in part, with or without conditions. v. Any exemption granted by the Director is effective immediately.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
5.N.a
Packet Pg. 147 Attachment: ORD-7.12.180 Water Capacity Study (6126 : 7,12,180 Water Capacity - Second Reading) 5 SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
5.N.a
Packet Pg. 148 Attachment: ORD-7.12.180 Water Capacity Study (6126 : 7,12,180 Water Capacity - Second Reading) City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 5.O
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance replacing Santa Monica Municipal Code Chapter 7.04.800 (Access and Street Improvements) in its Entirety
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on October 24, 2023, the City Council introduced for first reading an Ordinance replacing Santa Monica Municipal Code Chapter 7.04.800 (Access and Street Improvements) in its entirety. The ordinance is now presented to the City Council for adoption.
Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:
A. ORD-7.04.800 Access and Street Improvements 2d
5.O
Packet Pg. 149
1 City Council Meeting: November 14, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPLACING THE TEXT OF SANTA MONICA MUNICIPAL CODE SECTION 7.04.800 IN ITS ENTIRETY AND RENAMING THE SECTION TO “DEDICATION, EASEMENTS AND IMPROVEMENTS OF PUBLIC RIGHT-OF-WAY”
WHEREAS, the City of Santa Monica is the owner and caretaker of the public rightof-way (ROW), and strives to ensure the public ROW addresses the various needs of the public and community; and
WHEREAS, new development on private parcels in the City often results in increased pedestrian and vehicular traffic, thus necessitating upgrades to the public ROW adjacent to the new development; and
WHEREAS, such upgrades are necessary to ensure safe pedestrian and vehicular travel, and include public ROW widening and improvements to sidewalks and streets to safely accommodate increased volumes of pedestrians and vehicles resulting from the new development; and
WHEREAS, on March 14, 1978, Council adopted Ordinance No. 1085CCS, (Chapter 7.04.800 – Access and street improvements), codifying the City’s public ROW requirements; and
WHEREAS, Ordinance No. 1085CCS is outdated and does not clearly or comprehensively communicate the City’s public ROW requirements; and WHEREAS, the City Engineer has recommended replacing the codified text of Ordinance No. 1085CCS in its entirety, as set forth herein; and
5.O.a
Packet Pg. 150 Attachment: ORD-7.04.800 Access and Street Improvements 2d (6127 : 7.04.800 Access and Street Improvements - Second Reading) 2 WHEREAS, the City Council deems it necessary to replace Ordinance No. 1085CCS to reflect the City’s public ROW requirements more clearly for new development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The entirety of Santa Monica Municipal Code Section 7.04.800 is hereby replaced with the following text, as follows:
7.04.800 Dedication, Easements, and Improvement of Public Right-of-Way
7.04.800.010 Purpose.
The intent of this Chapter is to provide for the orderly acquisition and improvement of the public right-of-way (“right-of-way”) for the benefit of public health, safety, and welfare, and also provide proper circulation access for right-of-way users by preventing congestion and other hazards caused by impacts resulting from the development of land permitted in the applicable zones. The following provisions relating to right-of-way acquisition and off-site improvements are deemed necessary and must be provided by the private property developer or private property owner at no cost to the City.
7.04.800.020 Definitions.
A. Dedication. “Dedication” means the setting aside of private property for public right-of-way use and the acceptance of land for such use by the City of Santa Monica (“City”).
B. Easement. “Easement” means the legal right or privilege to use real property (including access rights) distinct from the ownership of real property. Easement types after dedication of right-of-way:
5.O.a
Packet Pg. 151 Attachment: ORD-7.04.800 Access and Street Improvements 2d (6127 : 7.04.800 Access and Street Improvements - Second Reading) 3 1. Access Easement. A right or rights granted or taken for the construction, maintenance, and operation of roadways and/or pedestrian or bicycle trails and sidewalks which does not transfer fee title.
2. Utilities Easement. A right or rights granted or taken for the construction, maintenance and operation of City or private utilities including but not limited to water, sewer, storm, electricity, natural gas, and telecommunications above or below the ground, which does not transfer fee title.
C. Institutional Development. “Institutional Developments” consist of building projects that are within the jurisdictional oversight of the State or County, such as the Division of the State Architect (DSA) which oversees design and construction for K-12 schools and community colleges, the Office of Statewide Health and Planning & Development (OSHPD) which oversees design and construction of hospital buildings and other healthcare institutions, and the Los Angeles County Metropolitan Transportation Authority (Metro) which oversees construction of transit facilities. Although building construction is governed by the State or the County, right-of-way dedications may apply as deemed necessary by the City Engineer in accordance this ordinance.
D. Major Project. A “major project” is defined to be a residential, commercial, industrial or institutional development which meets certain applicable development characteristics as set forth in Section 7.04.800.030(A)(1) below.
E. Newly Constructed Building. “Newly Constructed Building” means a new structure that has never been used or occupied for any purpose or removal and replacement of an existing structure, or repair, alteration, modification, addition to, or
5.O.a
Packet Pg. 152 Attachment: ORD-7.04.800 Access and Street Improvements 2d (6127 : 7.04.800 Access and Street Improvements - Second Reading) 4 rehabilitation of an existing structure, where a demolition will occur, as defined in Chapter
9.25.030 (A.1) or (A.2).
F. Offsite Improvements. "Offsite improvements" or “improvements” means any construction or reconstruction of certain infrastructure within a public right-of-way or easement as set forth in this ordinance.
G. Principal Structure. “Principal Structure” means a building other than one which is used for purposes wholly incidental or accessory to the use of another building or use on the same premises.
H. Right-of-Way. “Right-of-Way” means a strip of land over which a public road and/or corridor are built for vehicular (motorized) and pedestrian/bikeway (non-motorized) transportation as well as parking, utility and buffering uses. A right-of-way may exist through the establishment of an easement of the dedication of land for right-of-way purposes.
I. Substandard Alley. A “substandard alley” is an alley less than 20 feet in width.
7.04.800.030 Dedication and Easements.
A. Dedication. Dedication of Right-of-Way— Applicable project types. Any residential, commercial, industrial, or institutional development, that meets the following development characteristics:
1. New development or redevelopment of a Parcel. The new development or redevelopment of parcel(s) that entails the construction of “Principal Structure(s)” as a “Newly Constructed Building” as defined in Section 7.04.800.020 and;
5.O.a
Packet Pg. 153 Attachment: ORD-7.04.800 Access and Street Improvements 2d (6127 : 7.04.800 Access and Street Improvements - Second Reading) 5 2. Right-of-way abutment. The development parcel(s) is abutting an existing public right-of-way alley that is less than the standard right-of-way width set forth in this ordinance or the parcel(s) is abutting existing public rights-of-way fronting the development that is less than the standard right-of-way widths set forth in the width standards specified on file and published with the City Engineer’s Office and website.
B. Dedication Standard. Private parcels shall be required to dedicate right-of-way in such a manner as to create an easement for street and public utilities purposes and all other uses appurtenant thereto, in, over, under, along, and across the portion of that lot based upon the width standards specified on file and published with the City Engineer’s Office and website. The right- of-way easement area shall be dedicated and improved prior to the issuance of a building permit and certificate of occupancy, respectively, for such proposed new construction.
C. Width. Standard City Street right-of-way widths establishes the various classifications for City public rights-of-way. The standard widths for each City Street are on file and published with the City Engineer’s Office and website. Existing or new alleys are required to be a standard of 20 feet in width. Substandard alley locations are also on file with the City Engineer’s Office and website. The right-of-way dedication on an individual lot shall be one-half (½) of the required standard width, measured from the centerline of the street or alley.
1. Greater Widths. Greater widths may be required as determined by the City Engineer to accommodate needed vehicular and pedestrian paths of travel as a result of such proposed new construction if the City Engineer determines that a
5.O.a
Packet Pg. 154 Attachment: ORD-7.04.800 Access and Street Improvements 2d (6127 : 7.04.800 Access and Street Improvements - Second Reading) 6 dedication or improvement greater than what is required by the standard widths for each City street bears an essential nexus and rough proportionality to a project impact. Additional dedication and improvements may also be imposed to ensure compliance with the Americans with Disabilities Act (ADA).
2. Reduced Widths. The required standard width may be reduced at specific locations on specific streets due to unusual conditions, as authorized by the City Engineer or his or her designee.
D. Effect on Development Standards. Except as expressly provided herein, all required development standards shall adhere to the following requirements:
1. Project density, lot area, buildable area, parcel coverage, or floor area ratio. Shall apply to the Parcel Area per Section 9.52.020.1590, provided, however, that any required street or alley right-of-way dedications pursuant to this Chapter shall not count as excluded street or alley rights-of-way per Section
9.52.020.1590.
2. Building setback requirements in relation to right-of-way dedications.
Shall adhere to Section 9.04.130 for determining yard setback requirements and shall adhere to specified Development Standards for setbacks in each particular zoning district per Chapter 9.07 thru 9.20. Pursuant to Section 9.04.130, setbacks required to be measured from parcel lines and not from the centerline of the street or alley must be measured from the right-of-way dedication required by this Chapter.
5.O.a
Packet Pg. 155 Attachment: ORD-7.04.800 Access and Street Improvements 2d (6127 : 7.04.800 Access and Street Improvements - Second Reading) 7 3. Required yards, parking area, loading space, and building locations for new structures or additions to buildings or structures. Shall be measured and calculated from the new lot lines being created by said dedication.
4. All other provisions. Area of such land shall be considered as that which existed immediately prior to such street dedication.
E. Nonconformities. Nothing herein shall modify an owner’s non-conforming rights under Chapter 9.27.
F. Dedication Instrument. Dedications shall be memorialized by an easement agreement in a form approved by the City Attorney and recorded by the City with the Office of the Los Angeles County Recorder.
G. Timing of Dedication. As required by this Section, the recordation of the dedication with the Office of the Los Angeles County Recorder shall occur prior to issuance of a building permit.
H. Revocable Dedication / Easement. In the event that an applicable building permit is deemed expired per Section 8.08.070(c) by the Building Official, and an easement dedication has been recorded at the Office of the Los Angeles County Recorder in accordance with this Section, the easement dedication shall be deemed null and void.
Any application for new development or redevelopment after building permit expiration shall require the execution and recording of a new revocable easement agreement prior to issuance of a new building permit.
5.O.a
Packet Pg. 156 Attachment: ORD-7.04.800 Access and Street Improvements 2d (6127 : 7.04.800 Access and Street Improvements - Second Reading) 8 07.04.800.040 Off-Site Improvements.
A. Applicability. Prior to the issuance of occupancy permits for any new or redeveloped residential, commercial, industrial, or institutional developments, the development shall provide the following off-site improvements (“improvements”) as deemed necessary and applicable by the City Engineer. All property owners shall make all required improvements and repairs to abutting public rights-of-way. The improvements and repairs shall extend along the width and/or depth of the property and for a reasonable distance beyond the property as is necessary to complete the improvement or repair.
Existing improvements that are damaged and that may have been damaged during construction of the building shall also be repaired.
B. Required Improvements—All applicable project types. All applicable projects shall be required to provide some or all of the following right-of-way improvements as are deemed necessary and applicable by the City Engineer:
1. Sidewalk and Parkway. Construction or repair of a sidewalk and parkway adjoining the site. The sidewalks shall be parallel to the curb and travel lanes on the street. The sidewalk shall have a minimum clear width as shown on file and published with the City Engineer’s Office; however, the sidewalk shall be four (4) feet wide at a minimum. Partial relief from this requirement may only be granted by the City Engineer or his or her designee. Curb ramps shall also be reconstructed or repaired if non-compliant.
Additionally, as a minimum requirement, any parkway disturbed due to project improvements must be removed and replaced to match existing. Any new parkway
5.O.a
Packet Pg. 157 Attachment: ORD-7.04.800 Access and Street Improvements 2d (6127 : 7.04.800 Access and Street Improvements - Second Reading) 9 landscaping required per project scope must be implemented per the Parkway Landscape Design, Installation and Maintenance section below.
2. Curb and Gutter. Construction or repair of curbs and gutters adjoining the site. All unused driveway curb cuts shall be replaced with a full-height curb and gutter per Chapter 7.24.
3. Street Trees. As required by Chapter 7.40.
C. Required Improvements - All applicable projects abutting alley. In addition to the improvements required above, projects that abut an alley right-of-way may require implementation of the following alley improvements as deemed necessary and applicable by the City Engineer.
1. Alley Paving. Construction, replacement, repair, or extension of alley paving up to standard alley right-of-way width. The alley shall be paved the length of the site. If vehicle access is taken from the alley, the City Engineer may also require that the alley be paved to a point where the alley intersects a paved public right-of-way, which may also include alley approach improvements. Curb returns and adjacent curb ramps shall be relocated and/or improved as necessary to accommodate alley access and circulation.
2. Alley Lighting. Construct or install on-site alley lighting as deemed necessary and applicable by the City Engineer.
D. Required Improvements—Major Projects. In addition to the improvements required in Subsections B and C above, Major Projects shall provide the additional improvements required by this Section as are deemed necessary and applicable by the City Engineer.
5.O.a
Packet Pg. 158 Attachment: ORD-7.04.800 Access and Street Improvements 2d (6127 : 7.04.800 Access and Street Improvements - Second Reading) 10 1. Roadway Paving. Construction, replacement, repair, or extension of roadway paving to standard street width as shown on file and published with the City Engineer’s Office. Improvements also include construction, replacement and repair of all roadway markings affected by the roadway paving.
2. Traffic Signals and Street Signs. Provide the Construction, replacement, repairs or modifications to traffic signals and street signs attributable to the development.
3. Streetlights. Install, remove, and replace, upgrade or relocate streetlights per established City design guidelines. This may include widening the right-of-way as necessary.
4. Utility Improvements and Relocation. Install, upgrade, or relocate public and/or private utilities and facilities as necessary and as applicable to the project.
5. Bicycle Trail/Lane/Route. Construction of bicycle accessway as required by the "Bike Route System" and as specified in the Bike Action Plan adopted by the City Council.
E. Parkway Landscape Design, Installation and Maintenance. Parkways are located within the public right-of-way confined by the area between the outside edge of the sidewalk and inside edge of curb. Parkway design, installation and maintenance of landscaping shall be in accordance with Chapter 3.5 of the Urban Forest Master Plan and other applicable code standards.
F. Standards. All improvements within public rights-of-way shall be designed, installed, permitted, and inspected in conformance with the specifications and guidelines on file with the office of the City Engineer.
5.O.a
Packet Pg. 159 Attachment: ORD-7.04.800 Access and Street Improvements 2d (6127 : 7.04.800 Access and Street Improvements - Second Reading) 11 1. Engineer of Record. The owner or developer shall assure the City that an engineer, registered in California, will be employed to provide required engineering services for offsite improvements, unless waived by the City Engineer. The responsibilities of the engineer shall include, but not be limited to the following:
a. Preparation of required engineering design reports and plans for offsite improvements.
b. Certify accuracy of vertical and horizontal alignments and dimensioned in accordance with available survey and field data. c. Delivery of reproducible “as-built” plans for offsite improvements along with an electronic copy for City records.
2. Permit for work in right-of-way. A permit, approved by the City Engineer or his or her designee, shall be required prior to any construction as required by this code within public rights-of-way. Such permit shall be issued subject to the following requirements:
a. Review and acceptance of engineering design reports and plans for offsite improvements unless plan requirements have been waived by the City Engineer.
b. Payment of review and inspection fees for all offsite improvements located within the public right-of-way, in accordance with a fee schedule to be adopted by the City Council.
c. Construction and scheduling for the offsite improvements shall be the responsibility of the developer or owner and the Engineer of Record. All construction shall conform to City standards.
5.O.a
Packet Pg. 160 Attachment: ORD-7.04.800 Access and Street Improvements 2d (6127 : 7.04.800 Access and Street Improvements - Second Reading) 12 3. Acceptance of offsite improvements. Reproducible "as built" plans and the Engineer of Record certificate shall be accepted by the City Engineer prior to the Final inspection of offsite improvements and prior to their acceptance.
Acceptance of offsite improvements will be executed by the City Engineer or his or her designee when the requirements of these regulations have been fulfilled and ownership of the facilities is offered to the City.
Table-1
Summary of Dedication and Off-Site Improvement Requirements for All Development Projects
7.04.800.050 Relief from Standard Requirements.
Full or partial relief from the standard requirements prescribed by this Chapter may be granted by the City Engineer or his or her designee, provided that the only finding required to grant relief is that the dedication and/or improvement is not necessary for a public Right-of-Way
Dedication
Off-Site Improvements
Project Type 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)
5.O.a
Packet Pg. 161 Attachment: ORD-7.04.800 Access and Street Improvements 2d (6127 : 7.04.800 Access and Street Improvements - Second Reading) 13 purpose generated at least in part by the development, the dedication and/or improvement is physically impractical, is in conflict with state or federal laws, or that the cost of the dedication and/or improvement is proportionally excessive when compared to the impacts caused by the project.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
5.O.a
Packet Pg. 162 Attachment: ORD-7.04.800 Access and Street Improvements 2d (6127 : 7.04.800 Access and Street Improvements - Second Reading) City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 5.P
1 of 3
To: Mayor and City Council
From: Oles Gordeev, Acting Director of Human Resources, Human Resources Department
Subject: Adoption of a Resolution to Accept Tentative Agreement and Authorize Execution of MOU with AFSCME Local 4819
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15324 (Class 24 Regulations of Working Conditions) of the California Environmental Quality Act (CEQA) Guidelines;
2. Adopt the proposed Resolution (Attachment A) accepting the Tentative Agreement (TA) and authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the AFSCME Local 4819, Management Team Association (AFSCME);
3. Adopt the salary schedule (Attachment B); and
4. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.
Summary
In accordance with the Meyers-Milias-Brown Act (MMBA), negotiations between the City and AFSCME Local 4819, Management Team Association (AFSCME) have resulted in a tentative agreement (TA) for a successor MOU. Staff seeks Council authorization to enter into this agreement with this bargaining unit. AFSCME has authorized and approved the terms of the TA. City staff recommend that Council approve the TA to establish a successor agreement between the City and AFSCME.
Discussion
The MOU between the City and AFSCME establishes wages, hours, and other terms
5.P
Packet Pg. 163
2 of 3
and conditions of employment. Under the MMBA in California, local public agencies negotiate with exclusively recognized employee organizations on wages, hours, and working conditions.
The overall policy of the City has been to maintain competitive benefits and working conditions in a high-cost geographic labor market to attract and retain a high-quality workforce to serve our community across a wide range of specialized services. Since most, though not all, City jobs are comparable to those in other competing municipal organizations, the City has traditionally looked to full-service cities in our region of similar size and financial strength for labor market comparisons.
The terms of this TA maintain alignment with our 11 comparable peer cities while simultaneously preserving a level of benefits that will keep the City competitive in a tight labor market. Peer cities include Anaheim, Beverly Hills, Burbank, Culver City, El Segundo, Glendale, Inglewood, Pasadena, Redondo Beach, Santa Barbara, and Torrance. The City of Los Angeles and County of Los Angeles may also be included as a comparable agency depending on the classifications being surveyed.
The substantive changes for the TA with AFSCME are outlined below:
• Term of agreement: July 1, 2023, through June 30, 2025. • 3% Salary increase: July 1, 2023
• 2% Salary increase: July 1, 2024
• One-time signing bonus: $1,650 per employee employed as of July 1, 2023. • State disability insurance will be at no cost to the employee effective January 1, 2024.
• One additional cashable management leave day effective July 1, 2024 • Employees with 15+ years of service will receive 8 hours of cashable leave per fiscal year effective July 1, 2024
• Restoration of annual option to cash out sick leave effective July 1, 2024:
Less than 10 years of service=6 sick leave days, 10+ years of service=12 sick leave days. Additional one-time option to cash out sick leave for employees
5.P
Packet Pg. 164
3 of 3
employed as of July 1, 2023, in accordance with the same criteria.
Environmental Review
The negotiated changes to staff wages 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 total cost of the negotiated changes contained in the TA presented in this report is approximately $984,000 for FY 2023-2024 and $940,000 for FY 2024-2025 will be paid from various City funds. The budget impact of the salary increases was included in the FY 2023-25 Adopted Budget. If the changes are approved, staff will appropriate the additional amounts for the other changes during the FY 2023-24 midyear budget.
Prepared By: Robert Scalise, Human Resources Manager
Approved Forwarded to Council
Attachments:
A. COLA FY22-23 MTA Salary Schedule 3.0% 7.1.23
B. AFSCME-MTA TA RESO 11.14.23
5.P
Packet Pg. 165
AFSCME LOCAL 4819, MANAGEMENT TEAM ASSOCIATION
Salary Schedule for November 14, 2023 City Council Meeting Effective July 1, 2023 ‐ 3% Cost of Living Adjustment
Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 162 1 71.22 12,344.00 148,128.00 5,697.23
162 2 74.73 12,953.00 155,436.00 5,978.31
162 3 79.13 13,715.00 164,580.00 6,330.00
162 4 83.52 14,477.00 173,724.00 6,681.69
162 5 87.92 15,239.00 182,868.00 7,033.38
065 1 60.72 10,525.00 126,300.00 4,857.69
065 2 63.72 11,045.00 132,540.00 5,097.69
065 3 67.47 11,695.00 140,340.00 5,397.69
065 4 71.22 12,344.00 148,128.00 5,697.23
065 5 74.97 12,994.00 155,928.00 5,997.23
637 1 78.47 13,601.00 163,212.00 6,277.38
637 2 82.34 14,272.00 171,264.00 6,587.08
637 3 87.18 15,112.00 181,344.00 6,974.77
637 4 92.03 15,951.00 191,412.00 7,362.00
637 5 96.87 16,791.00 201,492.00 7,749.69
457 1 77.07 13,359.00 160,308.00 6,165.69
457 2 80.88 14,019.00 168,228.00 6,470.31
457 3 85.64 14,844.00 178,128.00 6,851.08
457 4 90.39 15,668.00 188,016.00 7,231.38
457 5 95.15 16,493.00 197,916.00 7,612.15
151 1 68.12 11,807.00 141,684.00 5,449.38
151 2 71.48 12,390.00 148,680.00 5,718.46
151 3 75.69 13,119.00 157,428.00 6,054.92
151 4 79.89 13,848.00 166,176.00 6,391.38
151 5 84.10 14,577.00 174,924.00 6,727.85
940 1 83.54 14,481.00 173,772.00 6,683.54
940 2 87.67 15,196.00 182,352.00 7,013.54
940 3 92.83 16,090.00 193,080.00 7,426.15
940 4 97.98 16,984.00 203,808.00 7,838.77
940 5 103.14 17,878.00 214,536.00 8,251.38
960 1 86.52 14,997.00 179,964.00 6,921.69
960 2 90.80 15,738.00 188,856.00 7,263.69
960 3 96.14 16,664.00 199,968.00 7,691.08
960 4 101.48 17,589.00 211,068.00 8,118.00
960 5 106.82 18,515.00 222,180.00 8,545.38
960 1 86.52 14,997.00 179,964.00 6,921.69
960 2 90.80 15,738.00 188,856.00 7,263.69
960 3 96.14 16,664.00 199,968.00 7,691.08
960 4 101.48 17,589.00 211,068.00 8,118.00
960 5 106.82 18,515.00 222,180.00 8,545.38
AIRPORT & REAL ESTATE DIRECTOR 7003 MTA
ASST CHIEF INFORMATION OFFICER 7004 MTA
Class Title
ACCOUNTING MANAGER 7001 MTA
ADMIN PROJECT MANAGER 7002 MTA
ASST DIRECTOR OF DEPT OF TRANS 7081 MTA
ASST DIRECTOR OF PUBLIC WORKS 7009 MTA
ASST CITY LIBRARIAN 7005 MTA
ASST DIR OF HOUSING & HUMAN SV 7086 MTA
5.P.a
Packet Pg. 166 Attachment: COLA FY22-23 MTA Salary Schedule 3.0% 7.1.23 (6113 : AFSCME City MOU Tentative Agreement) AFSCME LOCAL 4819, MANAGEMENT TEAM ASSOCIATION
Salary Schedule for November 14, 2023 City Council Meeting Effective July 1, 2023 ‐ 3% Cost of Living Adjustment
Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 925 1 82.41 14,284.00 171,408.00 6,592.62
925 2 86.48 14,990.00 179,880.00 6,918.46
925 3 91.57 15,872.00 190,464.00 7,325.54
925 4 96.65 16,753.00 201,036.00 7,732.15
925 5 101.74 17,635.00 211,620.00 8,139.23
940 1 83.54 14,481.00 173,772.00 6,683.54
940 2 87.67 15,196.00 182,352.00 7,013.54
940 3 92.83 16,090.00 193,080.00 7,426.15
940 4 97.98 16,984.00 203,808.00 7,838.77
940 5 103.14 17,878.00 214,536.00 8,251.38
733 1 79.26 13,739.00 164,868.00 6,341.08
733 2 83.18 14,418.00 173,016.00 6,654.46
733 3 88.07 15,266.00 183,192.00 7,045.85
733 4 92.97 16,114.00 193,368.00 7,437.23
733 5 97.86 16,962.00 203,544.00 7,828.62
415 1 75.69 13,120.00 157,440.00 6,055.38
415 2 79.43 13,767.00 165,204.00 6,354.00
415 3 84.10 14,577.00 174,924.00 6,727.85
415 4 88.77 15,387.00 184,644.00 7,101.69
415 5 93.44 16,197.00 194,364.00 7,475.54
700 1 78.73 13,646.00 163,752.00 6,298.15
700 2 82.62 14,320.00 171,840.00 6,609.23
700 3 87.47 15,162.00 181,944.00 6,997.85
700 4 92.34 16,005.00 192,060.00 7,386.92
700 5 97.19 16,847.00 202,164.00 7,775.54
875 1 80.82 14,009.00 168,108.00 6,465.69
875 2 84.81 14,701.00 176,412.00 6,785.08
875 3 89.80 15,566.00 186,792.00 7,184.31
875 4 94.79 16,430.00 197,160.00 7,583.08
875 5 99.78 17,295.00 207,540.00 7,982.31
800 1 79.85 13,841.00 166,092.00 6,388.15
800 2 83.80 14,525.00 174,300.00 6,703.85
800 3 88.73 15,379.00 184,548.00 7,098.00
800 4 93.66 16,234.00 194,808.00 7,492.62
800 5 98.58 17,088.00 205,056.00 7,886.77
940 1 83.54 14,481.00 173,772.00 6,683.54
940 2 87.67 15,196.00 182,352.00 7,013.54
940 3 92.83 16,090.00 193,080.00 7,426.15
940 4 97.98 16,984.00 203,808.00 7,838.77
940 5 103.14 17,878.00 214,536.00 8,251.38
ASST DIRECTOR-FINANCE 7007 MTA
ASST DIRECTOR-RECORDS & ELECT 7010 MTA
ASST DIRECTOR-CDD/CH MOBILITY 7077 MTA
ASST DIRECTOR-COMMUNITY SVCS 7078 MTA
CHIEF ADMINISTRATIVE OFFICER 7012 MTA
CHIEF CIVIC WELLBEING OFFICER 7013 MTA
BUILDING & SAFETY MANAGER 7060 MTA
CAPITAL PROGRAM MANAGER 7073 MTA
5.P.a
Packet Pg. 167 Attachment: COLA FY22-23 MTA Salary Schedule 3.0% 7.1.23 (6113 : AFSCME City MOU Tentative Agreement) AFSCME LOCAL 4819, MANAGEMENT TEAM ASSOCIATION
Salary Schedule for November 14, 2023 City Council Meeting Effective July 1, 2023 ‐ 3% Cost of Living Adjustment
Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 800 1 79.85 13,841.00 166,092.00 6,388.15
800 2 83.80 14,525.00 174,300.00 6,703.85
800 3 88.73 15,379.00 184,548.00 7,098.00
800 4 93.66 16,234.00 194,808.00 7,492.62
800 5 98.58 17,088.00 205,056.00 7,886.77
920 1 82.25 14,257.00 171,084.00 6,580.15
920 2 86.31 14,961.00 179,532.00 6,905.08
920 3 91.39 15,841.00 190,092.00 7,311.23
920 4 96.47 16,721.00 200,652.00 7,717.38
920 5 101.54 17,601.00 211,212.00 8,123.54
148 1 68.04 11,794.00 141,528.00 5,443.38
148 2 71.40 12,376.00 148,512.00 5,712.00
148 3 75.60 13,104.00 157,248.00 6,048.00
148 4 79.80 13,832.00 165,984.00 6,384.00
148 5 84.00 14,560.00 174,720.00 6,720.00
152 1 69.88 12,112.00 145,344.00 5,590.15
152 2 73.33 12,710.00 152,520.00 5,866.15
152 3 77.64 13,458.00 161,496.00 6,211.38
152 4 81.95 14,205.00 170,460.00 6,556.15
152 5 86.27 14,953.00 179,436.00 6,901.38
875 1 80.82 14,009.00 168,108.00 6,465.69
875 2 84.81 14,701.00 176,412.00 6,785.08
875 3 89.80 15,566.00 186,792.00 7,184.31
875 4 94.79 16,430.00 197,160.00 7,583.08
875 5 99.78 17,295.00 207,540.00 7,982.31
850 1 82.11 14,233.00 170,796.00 6,569.08
850 2 86.16 14,935.00 179,220.00 6,893.08
850 3 91.23 15,814.00 189,768.00 7,298.77
850 4 96.30 16,692.00 200,304.00 7,704.00
850 5 101.37 17,571.00 210,852.00 8,109.69
258 1 73.53 12,745.00 152,940.00 5,882.31
258 2 77.16 13,374.00 160,488.00 6,172.62
258 3 81.70 14,161.00 169,932.00 6,535.85
258 4 86.23 14,947.00 179,364.00 6,898.62
258 5 90.77 15,734.00 188,808.00 7,261.85
203 1 72.31 12,534.00 150,408.00 5,784.92
203 2 75.88 13,153.00 157,836.00 6,070.62
203 3 80.35 13,927.00 167,124.00 6,427.85
203 4 84.81 14,700.00 176,400.00 6,784.62
203 5 89.27 15,474.00 185,688.00 7,141.85
CHIEF RESILIENCE OFFICER 7015 MTA
CHIEF SUSTAINABILITY OFFICER 7016 MTA
CHIEF OPERATIONS OFFICER 7014 MTA
CHIEF OPERATIONS OFFICER-AIRPT 7074 MTA
CITY TRAFFIC ENGINEER 7019 MTA
CODE ENFORCEMENT MANAGER 7020 MTA
CITY ARCHITECT 9068 MTA
CITY ENGINEER 7018 MTA
5.P.a
Packet Pg. 168 Attachment: COLA FY22-23 MTA Salary Schedule 3.0% 7.1.23 (6113 : AFSCME City MOU Tentative Agreement) AFSCME LOCAL 4819, MANAGEMENT TEAM ASSOCIATION
Salary Schedule for November 14, 2023 City Council Meeting Effective July 1, 2023 ‐ 3% Cost of Living Adjustment
Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 150 1 68.12 11,807.00 141,684.00 5,449.38
150 2 71.48 12,390.00 148,680.00 5,718.46
150 3 75.68 13,118.00 157,416.00 6,054.46
150 4 79.89 13,847.00 166,164.00 6,390.92
150 5 84.09 14,576.00 174,912.00 6,727.38
247 1 73.26 12,698.00 152,376.00 5,860.62
247 2 76.88 13,325.00 159,900.00 6,150.00
247 3 81.39 14,108.00 169,296.00 6,511.38
247 4 85.92 14,892.00 178,704.00 6,873.23
247 5 90.44 15,676.00 188,112.00 7,235.08
132 1 66.81 11,580.00 138,960.00 5,344.62
132 2 70.11 12,152.00 145,824.00 5,608.62
132 3 74.23 12,866.00 154,392.00 5,938.15
132 4 78.35 13,581.00 162,972.00 6,268.15
132 5 82.48 14,296.00 171,552.00 6,598.15
105 1 64.28 11,141.00 133,692.00 5,142.00
105 2 67.45 11,691.00 140,292.00 5,395.85
105 3 71.42 12,379.00 148,548.00 5,713.38
105 4 75.38 13,066.00 156,792.00 6,030.46
105 5 79.35 13,754.00 165,048.00 6,348.00
174 1 70.17 12,162.00 145,944.00 5,613.23
174 2 73.63 12,763.00 153,156.00 5,890.62
174 3 77.97 13,514.00 162,168.00 6,237.23
174 4 82.29 14,264.00 171,168.00 6,583.38
174 5 86.63 15,015.00 180,180.00 6,930.00
211 1 72.47 12,562.00 150,744.00 5,797.85
211 2 76.06 13,183.00 158,196.00 6,084.46
211 3 80.53 13,958.00 167,496.00 6,442.15
211 4 85.00 14,734.00 176,808.00 6,800.31
211 5 89.48 15,509.00 186,108.00 7,158.00
477 1 76.92 13,333.00 159,996.00 6,153.69
477 2 80.72 13,991.00 167,892.00 6,457.38
477 3 85.47 14,814.00 177,768.00 6,837.23
477 4 90.21 15,637.00 187,644.00 7,217.08
477 5 94.96 16,460.00 197,520.00 7,596.92
300 1 74.42 12,899.00 154,788.00 5,953.38
300 2 78.09 13,536.00 162,432.00 6,247.38
300 3 82.69 14,333.00 171,996.00 6,615.23
300 4 87.28 15,129.00 181,548.00 6,982.62
300 5 91.88 15,925.00 191,100.00 7,350.00
COMMUNITY ENGAGE & CUST EXP MG 7052 MTA
COMMUNITY PARTNERSHIPS MANAGER 7084 MTA
COMMUNICATIONS & PUB INFO MGR 7083 MTA
COMMUNITY BROADBAND MANAGER 7021 MTA
CUSTOMER EXPERIENCE & SUPP MGR 7059 MTA
ECONOMIC DEVELOPMENT MANAGER 7024 MTA
COMMUNITY RECREATION MGR 7022 MTA
CULTURAL AFFAIRS MANAGER 7023 MTA
5.P.a
Packet Pg. 169 Attachment: COLA FY22-23 MTA Salary Schedule 3.0% 7.1.23 (6113 : AFSCME City MOU Tentative Agreement) AFSCME LOCAL 4819, MANAGEMENT TEAM ASSOCIATION
Salary Schedule for November 14, 2023 City Council Meeting Effective July 1, 2023 ‐ 3% Cost of Living Adjustment
Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 148 1 68.04 11,794.00 141,528.00 5,443.38
148 2 71.40 12,376.00 148,512.00 5,712.00
148 3 75.60 13,104.00 157,248.00 6,048.00
148 4 79.80 13,832.00 165,984.00 6,384.00
148 5 84.00 14,560.00 174,720.00 6,720.00
153 1 76.92 13,333.00 159,996.00 6,153.69
153 2 80.72 13,991.00 167,892.00 6,457.38
153 3 85.47 14,814.00 177,768.00 6,837.23
153 4 90.21 15,637.00 187,644.00 7,217.08
153 5 94.96 16,460.00 197,520.00 7,596.92
129 1 65.68 11,385.00 136,620.00 5,254.62
129 2 68.93 11,948.00 143,376.00 5,514.46
129 3 72.98 12,650.00 151,800.00 5,838.46
129 4 77.04 13,353.00 160,236.00 6,162.92
129 5 81.09 14,056.00 168,672.00 6,487.38
192 1 70.12 12,154.00 145,848.00 5,609.54
192 2 73.58 12,754.00 153,048.00 5,886.46
192 3 77.91 13,505.00 162,060.00 6,233.08
192 4 82.24 14,255.00 171,060.00 6,579.23
192 5 86.57 15,005.00 180,060.00 6,925.38
405 1 75.58 13,100.00 157,200.00 6,046.15
405 2 79.31 13,747.00 164,964.00 6,344.77
405 3 83.98 14,556.00 174,672.00 6,718.15
405 4 88.64 15,364.00 184,368.00 7,091.08
405 5 93.31 16,173.00 194,076.00 7,464.46
780 1 79.62 13,801.00 165,612.00 6,369.69
780 2 83.55 14,482.00 173,784.00 6,684.00
780 3 88.47 15,334.00 184,008.00 7,077.23
780 4 93.38 16,186.00 194,232.00 7,470.46
780 5 98.30 17,038.00 204,456.00 7,863.69
300 1 74.42 12,899.00 154,788.00 5,953.38
300 2 78.09 13,536.00 162,432.00 6,247.38
300 3 82.69 14,333.00 171,996.00 6,615.23
300 4 87.28 15,129.00 181,548.00 6,982.62
300 5 91.88 15,925.00 191,100.00 7,350.00
780 1 79.62 13,801.00 165,612.00 6,369.69
780 2 83.55 14,482.00 173,784.00 6,684.00
780 3 88.47 15,334.00 184,008.00 7,077.23
780 4 93.38 16,186.00 194,232.00 7,470.46
780 5 98.30 17,038.00 204,456.00 7,863.69
EQUITY & INCLUSION MANAGER 7082 MTA
FACILITIES MAINTENANCE MANAGER 7026 MTA
EMERGENCY SERVICES MANAGER 7025 MTA
ENTERPRISE ARCH & DIG DEV MGR 7076 MTA
HOUSING MANAGER 7028 MTA
HUMAN SERVICES MANAGER 7029 MTA
FINANCIAL OPERATIONS MANAGER 7027 MTA
HOUSING AND HUMAN SERVICES MGR 7079 MTA
5.P.a
Packet Pg. 170 Attachment: COLA FY22-23 MTA Salary Schedule 3.0% 7.1.23 (6113 : AFSCME City MOU Tentative Agreement) AFSCME LOCAL 4819, MANAGEMENT TEAM ASSOCIATION
Salary Schedule for November 14, 2023 City Council Meeting Effective July 1, 2023 ‐ 3% Cost of Living Adjustment
Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 247 1 73.26 12,698.00 152,376.00 5,860.62
247 2 76.88 13,325.00 159,900.00 6,150.00
247 3 81.39 14,108.00 169,296.00 6,511.38
247 4 85.92 14,892.00 178,704.00 6,873.23
247 5 90.44 15,676.00 188,112.00 7,235.08
477 1 76.92 13,333.00 159,996.00 6,153.69
477 2 80.72 13,991.00 167,892.00 6,457.38
477 3 85.47 14,814.00 177,768.00 6,837.23
477 4 90.21 15,637.00 187,644.00 7,217.08
477 5 94.96 16,460.00 197,520.00 7,596.92
158 1 68.90 11,943.00 143,316.00 5,512.15
158 2 72.30 12,532.00 150,384.00 5,784.00
158 3 76.56 13,270.00 159,240.00 6,124.62
158 4 80.81 14,007.00 168,084.00 6,464.77
158 5 85.06 14,744.00 176,928.00 6,804.92
557 1 77.20 13,381.00 160,572.00 6,175.85
557 2 81.01 14,042.00 168,504.00 6,480.92
557 3 85.78 14,868.00 178,416.00 6,862.15
557 4 90.54 15,694.00 188,328.00 7,243.38
557 5 95.31 16,520.00 198,240.00 7,624.62
638 1 75.31 13,053.00 156,636.00 6,024.46
638 2 79.03 13,698.00 164,376.00 6,322.15
638 3 83.68 14,504.00 174,048.00 6,694.15
638 4 88.32 15,309.00 183,708.00 7,065.69
638 5 92.97 16,115.00 193,380.00 7,437.69
193 1 71.54 12,401.00 148,812.00 5,723.54
193 2 75.08 13,014.00 156,168.00 6,006.46
193 3 79.49 13,779.00 165,348.00 6,359.54
193 4 83.91 14,545.00 174,540.00 6,713.08
193 5 88.33 15,310.00 183,720.00 7,066.15
700 1 78.73 13,646.00 163,752.00 6,298.15
700 2 82.62 14,320.00 171,840.00 6,609.23
700 3 87.47 15,162.00 181,944.00 6,997.85
700 4 92.34 16,005.00 192,060.00 7,386.92
700 5 97.19 16,847.00 202,164.00 7,775.54
086 1 62.72 10,872.00 130,464.00 5,017.85
086 2 65.82 11,409.00 136,908.00 5,265.69
086 3 69.69 12,080.00 144,960.00 5,575.38
086 4 73.56 12,751.00 153,012.00 5,885.08
086 5 77.43 13,422.00 161,064.00 6,194.77
INTERNAL AUDIT MANAGER 7030 MTA
MOBILITY MANAGER 7031 MTA
INFORMATION SECURITY OFFICER 7058 MTA
INFRASTRUCTURE & CLOUD SVS MGR 7057 MTA
PLANNING MANAGER 7034 MTA
PR LIBRARIAN 7035 MTA
PARKING MANAGER 7032 MTA
PIER MANAGER 7033 MTA
5.P.a
Packet Pg. 171 Attachment: COLA FY22-23 MTA Salary Schedule 3.0% 7.1.23 (6113 : AFSCME City MOU Tentative Agreement) AFSCME LOCAL 4819, MANAGEMENT TEAM ASSOCIATION
Salary Schedule for November 14, 2023 City Council Meeting Effective July 1, 2023 ‐ 3% Cost of Living Adjustment
Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 086 1 62.72 10,872.00 130,464.00 5,017.85
086 2 65.82 11,409.00 136,908.00 5,265.69
086 3 69.69 12,080.00 144,960.00 5,575.38
086 4 73.56 12,751.00 153,012.00 5,885.08
086 5 77.43 13,422.00 161,064.00 6,194.77
086 1 62.72 10,872.00 130,464.00 5,017.85
086 2 65.82 11,409.00 136,908.00 5,265.69
086 3 69.69 12,080.00 144,960.00 5,575.38
086 4 73.56 12,751.00 153,012.00 5,885.08
086 5 77.43 13,422.00 161,064.00 6,194.77
086 1 62.72 10,872.00 130,464.00 5,017.85
086 2 65.82 11,409.00 136,908.00 5,265.69
086 3 69.69 12,080.00 144,960.00 5,575.38
086 4 73.56 12,751.00 153,012.00 5,885.08
086 5 77.43 13,422.00 161,064.00 6,194.77
086 1 62.72 10,872.00 130,464.00 5,017.85
086 2 65.82 11,409.00 136,908.00 5,265.69
086 3 69.69 12,080.00 144,960.00 5,575.38
086 4 73.56 12,751.00 153,012.00 5,885.08
086 5 77.43 13,422.00 161,064.00 6,194.77
158 1 68.90 11,943.00 143,316.00 5,512.15
158 2 72.30 12,532.00 150,384.00 5,784.00
158 3 76.56 13,270.00 159,240.00 6,124.62
158 4 80.81 14,007.00 168,084.00 6,464.77
158 5 85.06 14,744.00 176,928.00 6,804.92
192 1 70.12 12,154.00 145,848.00 5,609.54
192 2 73.58 12,754.00 153,048.00 5,886.46
192 3 77.91 13,505.00 162,060.00 6,233.08
192 4 82.24 14,255.00 171,060.00 6,579.23
192 5 86.57 15,005.00 180,060.00 6,925.38
200 1 76.30 13,226.00 158,712.00 6,104.31
200 2 80.08 13,880.00 166,560.00 6,406.15
200 3 84.78 14,696.00 176,352.00 6,782.77
200 4 89.50 15,513.00 186,156.00 7,159.85
200 5 94.21 16,329.00 195,948.00 7,536.46
158 1 68.90 11,943.00 143,316.00 5,512.15
158 2 72.30 12,532.00 150,384.00 5,784.00
158 3 76.56 13,270.00 159,240.00 6,124.62
158 4 80.81 14,007.00 168,084.00 6,464.77
158 5 85.06 14,744.00 176,928.00 6,804.92
PR LIBRARIAN-PUBL & BRANCH SVS 7037 MTA
PR LIBRARIAN-REFERENCE SVS 7038 MTA
PR LIBRARIAN-CMTY ENGAGE &PROG 7085 MTA
PR LIBRARIAN-INFORMATION MGMT 7036 MTA
RESOURCE REC AND RECYC MANAGER 7040 MTA
REVENUE AND COLLECTIONS MGR 7041 MTA
PROCUREMENT MANAGER 7071 MTA
PUBLIC LANDSCAPE MANAGER 7039 MTA
5.P.a
Packet Pg. 172 Attachment: COLA FY22-23 MTA Salary Schedule 3.0% 7.1.23 (6113 : AFSCME City MOU Tentative Agreement) AFSCME LOCAL 4819, MANAGEMENT TEAM ASSOCIATION
Salary Schedule for November 14, 2023 City Council Meeting Effective July 1, 2023 ‐ 3% Cost of Living Adjustment
Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 405 1 75.58 13,100.00 157,200.00 6,046.15
405 2 79.31 13,747.00 164,964.00 6,344.77
405 3 83.98 14,556.00 174,672.00 6,718.15
405 4 88.64 15,364.00 184,368.00 7,091.08
405 5 93.31 16,173.00 194,076.00 7,464.46
247 1 73.26 12,698.00 152,376.00 5,860.62
247 2 76.88 13,325.00 159,900.00 6,150.00
247 3 81.39 14,108.00 169,296.00 6,511.38
247 4 85.92 14,892.00 178,704.00 6,873.23
247 5 90.44 15,676.00 188,112.00 7,235.08
170 1 69.98 12,129.00 145,548.00 5,598.00
170 2 73.43 12,728.00 152,736.00 5,874.46
170 3 77.75 13,477.00 161,724.00 6,220.15
170 4 82.07 14,225.00 170,700.00 6,565.38
170 5 86.39 14,974.00 179,688.00 6,911.08
170 1 69.98 12,129.00 145,548.00 5,598.00
170 2 73.43 12,728.00 152,736.00 5,874.46
170 3 77.75 13,477.00 161,724.00 6,220.15
170 4 82.07 14,225.00 170,700.00 6,565.38
170 5 86.39 14,974.00 179,688.00 6,911.08
192 1 70.12 12,154.00 145,848.00 5,609.54
192 2 73.58 12,754.00 153,048.00 5,886.46
192 3 77.91 13,505.00 162,060.00 6,233.08
192 4 82.24 14,255.00 171,060.00 6,579.23
192 5 86.57 15,005.00 180,060.00 6,925.38
247 1 73.26 12,698.00 152,376.00 5,860.62
247 2 76.88 13,325.00 159,900.00 6,150.00
247 3 81.39 14,108.00 169,296.00 6,511.38
247 4 85.92 14,892.00 178,704.00 6,873.23
247 5 90.44 15,676.00 188,112.00 7,235.08
152 1 69.88 12,112.00 145,344.00 5,590.15
152 2 73.33 12,710.00 152,520.00 5,866.15
152 3 77.64 13,458.00 161,496.00 6,211.38
152 4 81.95 14,205.00 170,460.00 6,556.15
152 5 86.27 14,953.00 179,436.00 6,901.38
247 1 73.26 12,698.00 152,376.00 5,860.62
247 2 76.88 13,325.00 159,900.00 6,150.00
247 3 81.39 14,108.00 169,296.00 6,511.38
247 4 85.92 14,892.00 178,704.00 6,873.23
247 5 90.44 15,676.00 188,112.00 7,235.08
SR ADVSR TO THE CITY MGR AIRPT 7061 MTA
SR ADVSR TO THE CITY MGR HOME 7062 MTA
RISK MANAGER 7042 MTA
SOFTWARE SYSTEMS MANAGER 7043 MTA
SUSTAINABILITY MANAGER 7046 MTA
SYSTEMS & NETWORK MANAGER 7047 MTA
STREET AND FLEET SERVICES MGR 7044 MTA
SUPPORT SERVICES MANAGER 7045 MTA
5.P.a
Packet Pg. 173 Attachment: COLA FY22-23 MTA Salary Schedule 3.0% 7.1.23 (6113 : AFSCME City MOU Tentative Agreement) AFSCME LOCAL 4819, MANAGEMENT TEAM ASSOCIATION
Salary Schedule for November 14, 2023 City Council Meeting Effective July 1, 2023 ‐ 3% Cost of Living Adjustment
Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 557 1 77.20 13,381.00 160,572.00 6,175.85
557 2 81.01 14,042.00 168,504.00 6,480.92
557 3 85.78 14,868.00 178,416.00 6,862.15
557 4 90.54 15,694.00 188,328.00 7,243.38
557 5 95.31 16,520.00 198,240.00 7,624.62
800 1 79.85 13,841.00 166,092.00 6,388.15
800 2 83.80 14,525.00 174,300.00 6,703.85
800 3 88.73 15,379.00 184,548.00 7,098.00
800 4 93.66 16,234.00 194,808.00 7,492.62
800 5 98.58 17,088.00 205,056.00 7,886.77
132 1 66.81 11,580.00 138,960.00 5,344.62
132 2 70.11 12,152.00 145,824.00 5,608.62
132 3 74.23 12,866.00 154,392.00 5,938.15
132 4 78.35 13,581.00 162,972.00 6,268.15
132 5 82.48 14,296.00 171,552.00 6,598.15
192 1 70.12 12,154.00 145,848.00 5,609.54
192 2 73.58 12,754.00 153,048.00 5,886.46
192 3 77.91 13,505.00 162,060.00 6,233.08
192 4 82.24 14,255.00 171,060.00 6,579.23
192 5 86.57 15,005.00 180,060.00 6,925.38
192 1 70.12 12,154.00 145,848.00 5,609.54
192 2 73.58 12,754.00 153,048.00 5,886.46
192 3 77.91 13,505.00 162,060.00 6,233.08
192 4 82.24 14,255.00 171,060.00 6,579.23
192 5 86.57 15,005.00 180,060.00 6,925.38
170 1 69.98 12,129.00 145,548.00 5,598.00
170 2 73.43 12,728.00 152,736.00 5,874.46
170 3 77.75 13,477.00 161,724.00 6,220.15
170 4 82.07 14,225.00 170,700.00 6,565.38
170 5 86.39 14,974.00 179,688.00 6,911.08
144 1 67.81 11,753.00 141,036.00 5,424.46
144 2 71.16 12,334.00 148,008.00 5,692.62
144 3 75.34 13,059.00 156,708.00 6,027.23
144 4 79.53 13,785.00 165,420.00 6,362.31
144 5 83.71 14,510.00 174,120.00 6,696.92
850 1 82.11 14,233.00 170,796.00 6,569.08
850 2 86.16 14,935.00 179,220.00 6,893.08
850 3 91.23 15,814.00 189,768.00 7,298.77
850 4 96.30 16,692.00 200,304.00 7,704.00
850 5 101.37 17,571.00 210,852.00 8,109.69
TRANSIT FINANCE AND GRANTS MGR 7050 MTA
TRANSIT MAINTENANCE MANAGER 7051 MTA
TRAFFIC AND PARKING MANAGER 7048 MTA
TRANSIT CHIEF ADMIN OFFICER 7049 MTA
TRANSIT SAFETY & TRAINING MGR 7053 MTA
WATER RESOURCES MANAGER 7054 MTA
TRANSIT OPERATIONS MANAGER 7065 MTA
TRANSIT PLANNING & PERFORM MGR 7056 MTA
5.P.a
Packet Pg. 174 Attachment: COLA FY22-23 MTA Salary Schedule 3.0% 7.1.23 (6113 : AFSCME City MOU Tentative Agreement) 1 City Council Meeting: November 14, 2023 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ACCEPTING THE
TENTATIVE AGREEMENT AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE AFSCME LOCAL 4819, MANAGEMENT TEAM ASSOCIATION
WHEREAS, authorized representatives of the City administration and the AFSCME Local 4819, Management Team Association (“AFSCME”) have met and conferred in accordance with the Meyers-Milias Brown Act (“MMBA”), codified at Government Code Section 3500 et seq., and have reached agreement on wages, hours, and other terms and conditions of employment; and
WHEREAS, in accordance with Government Code Section 3505.1, on November 14, 2023, the tentative agreement reached between authorized representatives of the City administration and AFSCME was presented to the City Council of the City of Santa Monica for consideration; and
WHEREAS, Government Code Section 3505.1 requires preparation of a written Memorandum of Understanding between the City and the employee organization if a tentative agreement is reached and adopted by the City Council; and
5.P.b
Packet Pg. 175 Attachment: AFSCME-MTA TA RESO 11.14.23 [Revision 3] (6113 : AFSCME City MOU Tentative Agreement) 2 WHEREAS, the purpose of each Memorandum of Understanding is to promote and provide harmonious relations, cooperation, and understanding between the City and AFSCME;
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 accepts and approves the tentative agreement that has been reached between authorized representatives of the City administration and the AFSCME Local 4819, Management Team Association (“AFSCME”) and authorizes the City Manager to execute a Memorandum of Understanding with AFSCME (FY2023-2025), in accordance with this agreement.
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.P.b
Packet Pg. 176 Attachment: AFSCME-MTA TA RESO 11.14.23 [Revision 3] (6113 : AFSCME City MOU Tentative Agreement) 1 October 10, 2023
(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 10, 2023
A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:30 p.m., on Tuesday, October 10, 2023, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Gleam Davis
Mayor Pro Tem Lana Negrete
Councilmember Phil Brock
Councilmember Oscar de la Torre
Councilmember Christine Parra
Councilmember Caroline Torosis (arrived at 5:42p.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 5:30 p.m., with all members present except Councilmember Torosis. Councilmember Zwick led the assemblage in the Pledge of Allegiance.
MOMENT OF SILENCE The Council held a moment of silence to acknowledge those impacted and affected by the events unfolding in Israel and Gaza.
GENERAL PUBLIC INPUT:
Councilmember Torosis arrived at
5:42 p.m.
Members of the public Tania Owen, Cristina Coria, Monica Buelna, Laura Linder, Jill Hawkins, Rhea de Vlugt, Anthony, Sara Lee, Michael Pitkin, Jerry Rubin, Johnathan Foster, Peterson Loftin, Gail Gordon, Taylor Megdal, and John Madlin commented on various local issues.
PUBLIC INPUT FOR CLOSED
SESSION, SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
Members of the public Debbie Mulvaney, Ericka Leslie, Nicole Faries, Chris Harding (time donated by Laurie Lieberman), Dr. Anna Rogers, Karina Quintanilla (time donated by Esther Hickman), Michael Feinstein, Natalya Zernitskaya, Maria Loya, Ahmad Zahra (time donated by Anna Little), Angie Jimenez, Ambrose Brooks, Claire Simonich, Kevin Shenkman (time donated by Milton Grimes), Miguel Coronado, John Raphling, Richard Polanco (time donated by Alex Aldana), Rocio Castellanos, John Medlin, commented on closed session items.
5.Q
Packet Pg. 177 Minutes Acceptance: Minutes of Oct 10, 2023 5:30 PM (CONSENT CALENDAR) 2 October 10, 2023
There were no members present to comment on special agenda items.
Members of the public Denise Barton and Peter Borreses commented on consent calendar items.
PROCLAMATIONS/
COMMENDATIONS/SPECIAL
MEETING ITEMS
3.A. Proclamation: Fire Prevention Week, was presented.
3.B. City Manager's Report, was presented.
CLOSED SESSIONS On order of the Mayor, the City Council recessed at 7:24 p.m., to consider closed sessions and returned at 11:30 p.m., with all members present, to report the following:
4.A. Conference with Real Estate Negotiator pursuant to Government Code §54956.8: Properties: 1) 2772-2800 Donald Douglas Loop North, Santa Monica, California, office space (~70,500 sq. ft.), Hangars 18-21 and 27-30 (~8,900 sq. ft.); 2) 3000 31st Street, Santa Monica, California, office space (~10,500 sq. ft.) and hangar space (~30,000 sq. ft); City Negotiator: Stelios Makrides, Chief Operations Officer/Airport Director; owner of record: City of Santa Monica; persons to be negotiated with:
Snap Inc.; under negotiation: commercial lease terms
The City Attorney advised this matter was heard with no reportable action taken.
4.B. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 2828 Donald
Douglas Loop North, Santa Monica, California Offices and Pilot Lounge Premises (~5,300 sq. ft.), Corporate Hangar and
Maintenance Shop (~6,450 sq. ft.), Aircraft Main Ramp (~145,000 sq. ft.), Aircraft Overflow Ramp (~32,000 sq. ft.); and 3100 Donald Douglas Loop North, Santa Monica, California “Fuel Farm” (~3,800 sq. ft.) consisting of three 12,000 gallon and one 500 gallon underground storage tanks and associated systems and equipment; City Negotiator: Stelios Makrides, Chief Operations Officer/Airport Director; owner of record: City of Santa Monica; persons to be negotiated with: Atlantic SMO Holdings; under negotiation: terms for modified and extended lease. (continued from September 26)
The City Attorney advised this matter was heard with no reportable action taken.
4.C. Conference with Labor Negotiator - Government Code Section 54957.6. Consideration of the City Clerk Appointment
5.Q
Packet Pg. 178 Minutes Acceptance: Minutes of Oct 10, 2023 5:30 PM (CONSENT CALENDAR) 3 October 10, 2023
and Process
The City Attorney advised this matter was heard with no reportable action taken.
4.D. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): Pico Neighborhood Association and Maria Loya v. City of Santa Monica; LASC Case No.
BC616804; Second District Court of Appeal Case No. B295935; California Supreme Court Case No. S263972
The City Attorney advised this matter was heard with no reportable action taken.
4.E. Conference with Legal Counsel – Considering Whether to Initiate Litigation – Gov. Code Section 54956.9(d)(1): City of Whittier, et al. v. Superior Court of Los Angeles County, et al.; LASC Case No. 23STCP03579 (requested by Councilmember
Brock)
The City Attorney advised the Council approved joining the lawsuit by a 4 to 3 vote, with Councilmembers Zwick, Torosis, and Mayor Davis voting no.
Mayor Davis stated her no vote was because she doesn’t think this lawsuit will reinstitute cash bail nor will it make the city any safer. It simply reverts to the system that we were all existing to prior to October 1st, which many people were very concerned about, so she does not think this lawsuit in any way makes the city safer, keeps more criminals off the streets, and in fact it reduces our ability, the county’s ability to come up with a better bail system that the Judicial Council is trying to institute.
Councilmember Torosis stated her no vote was because she has seen firsthand how undue incarceration hurts people, hurts families, hurts women. And there’s empirical evidence, the Judicial Council of California released a recent report finding that a risk-based, zero bail system, which is what we have had since the pandemic, has led to increased public safety of 5.8% drop in people being re-arrested for misdemeanors, a 2.4% decrease of people being re-arrested for felonies, and the impact of our pandemic zero-based bail policy concluded that the rates of failure to appear in court and re-arrest, or new offenses remained either below or similar to historical averages, and in fact, for black people, for homeless people, for people with severe mental illnesses, the failure to appear rate was actually lower than it was prior to these zero-based policies. She also thinks it
5.Q
Packet Pg. 179 Minutes Acceptance: Minutes of Oct 10, 2023 5:30 PM (CONSENT CALENDAR) 4 October 10, 2023
criminalizes poverty and perpetuates inequality in justice in our criminal legal system, and that’s actually why our courts have ordered that cash bail is unconstitutional. It doesn’t prevent crime from happening, but it keeps low-income individuals and disproportionally people of color in jail before trial. Black folks are much more likely to be subject to pretrial detention or receive higher bail than white people, and we all here believe in innocent until proven guilty. We are not talking about release after trial, we’re talking about prearraignment procedures. We should give L.A. Superior Court time to implement these procedures before spending county resources on illfated lawsuit that is likely going to be dismissed.
4.F. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): Eric Canonico v. City of Santa Monica; LASC Case No. 21STCV22615
The City Attorney advised this matter was heard with no reportable action taken.
4.G. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): Hector Orozco v. John Doe, Does 1-2; LASC Case No. 23SMCV03120
The City Attorney advised this matter was heard with no reportable action taken.
4.H. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): John U.N.B. Doe, et al. v. City of Santa Monica, et al.; LASC Case No. 23STCV12746
The City Attorney advised this matter was heard with no reportable action taken.
4.I. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): City of Santa Monica v. ICSOP, et al.; OCSC Case No. 30-2022-01261243
The City Attorney advised this matter was heard with no reportable action taken.
4.J. Conference with Labor Negotiator: Government Code
Section 54957.6 - Agency Designated Representatives: City Manager David White, Acting Human Resources Director
Michael Arnoldus, and Human Resources Manager Robert
Scalise; Bargaining Units: MTA-AFSCME Local 4819
5.Q
Packet Pg. 180 Minutes Acceptance: Minutes of Oct 10, 2023 5:30 PM (CONSENT CALENDAR) 5 October 10, 2023
This item was removed at the request of staff and not heard.
CONTINUE PAST 11:00 PM. Motion by Mayor Davis, seconded by Councilmember Torosis, to continue with the Council meeting past 11:00 p.m. The motion was unanimously approved by voice vote, with all members present.
REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.
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 Torosis, 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
TAXICABS 5.A. Second Reading and Adoption of Ordinance No. 2760 (CCS) Amending Santa Monica Municipal Code Chapter 6.49 on Taxicabs to Transition from Taxicab Franchises to Taxicab Permits, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
DOWNTOWN AREA
ECONOMIC RECOVERY
5.B. Second Reading and Adoption of an Interim Zoning
Ordinance No. 2761 (CCS) Extending Interim Zoning Ordinance No. 2754 (CCS) Promoting Economic Recovery in the City’s Downtown Area, including the Third Street Promenade Area and Santa Monica Place, and Providing Other Minor and Clerical Amendments to the Zoning Ordinance Related to Economic
Recovery, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
CITYWIDE ROOFING
SERVICES
5.C. Approval of First Modification of Agreement No. 10854 (CCS) with Best Contracting Services, Inc. for Citywide Roofing Services, was approved.
5.Q
Packet Pg. 181 Minutes Acceptance: Minutes of Oct 10, 2023 5:30 PM (CONSENT CALENDAR) 6 October 10, 2023
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. Authorize the City Manager to negotiate and execute a first modification to Agreement No. 10854 (CCS) in the amount not to exceed $854,620 with Best Contracting Services, Inc., for citywide roofing contractor services. This would result in a seven-year amended agreement through September 26, 2026, with a new total amount not to exceed $1,229,620, with future funding contingent on Council budget approval.
AFFORDABLE HOUSING
FEES
5.D. Adoption of Affordable Housing Production Program Fee Resolution Nos. 11549 (CCS) & 11550 (CCS), were adopted.
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. Adopt attached Resolution No. 11549 (CCS) increasing the Affordable Housing Unit Base Fee by 5.8 percent for new market-rate apartments and condominiums (Attachment A).
3. Adopt attached Resolution No. 11550 (CCS) increasing the Affordable Housing Unit Development Cost by 5.8 percent (Attachment B).
FINAL TRACT MAP
2002 21st STREET
5.E. Adoption of Resolution No. 11551 (CCS) Approving Final Map for Condominium at 2002 21st Street, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the proposed project was previously analyzed in the certified 2002 21st Street Project
Environmental Impact Report (State Clearinghouse No.
2007031019), and no further review is required pursuant to the California Environmental Quality Act; and
2. Adopt the attached resolution approving Final Tract Map No. 66625.
ANNUAL STREET PAVING
AND SIDEWALK REPAIR
PROJECT
5.F. Award Construction and Construction Management
Contracts for Fiscal Year 2023-2024 Annual Street Paving and Sidewalk Repair Project, was approved.
Recommended Action
5.Q
Packet Pg. 182 Minutes Acceptance: Minutes of Oct 10, 2023 5:30 PM (CONSENT CALENDAR) 7 October 10, 2023
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. Award Bid #SP2680 to Sully-Miller Contracting Company for construction services for the Fiscal Year 2023-2024 Annual Street Paving and Sidewalk Repair Project for the Public Works Department.
3. Authorize the City Manager to negotiate and execute Contract No. 11487 (CCS) with Sully-Miller Contracting Company in an amount not to exceed $2,853,346 (including a 10%
contingency).
4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.
5. Award Request for Proposals (RFP) #SP2680 to PSOMAS to provide construction management, observation, and material testing services for the FY 2023-24 Annual Street Paving and Sidewalk Repair Project and the Street Lighting
Modernization Program - Package 3 Project for the Public Works Department.
6. Authorize the City Manager to negotiate and execute Contract No. 11488 (CCS) with PSOMAS in an amount not to exceed
$600,000.
LONG TERM INSURANCE
COVERAGE
5.G. Approval of Agreement No. 11489 (CCS) with Trustmark for Long Term Care Insurance Coverage, 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; and
2. Authorize the City Manager to negotiate and execute an agreement with Trustmark for Long-Term Care (LTC)
insurance coverage for a period of 5 years with one additional one-year option for the Human Resources Department. This is a no cost contract to the City with an estimated value of $240,000. All services are paid by the plan participants, who are employees that voluntarily elect to obtain LTC coverage.
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Members of the public Denise Barton, Michael Feinstein, Marc Verville (time donated by Lori Brown), Adrian Harewood, Clare Thomas, Kathy Knight, Jeanne Laurie, John Murdock, Zina Josephs (time donated by Karen Greenwalt), Tricia Crane (time donated by
5.Q
Packet Pg. 183 Minutes Acceptance: Minutes of Oct 10, 2023 5:30 PM (CONSENT CALENDAR) 8 October 10, 2023
Lynette Kozdron), Karen Melick, Stephan Mark, Pam O’Connor, Alan Levenson, Cathy Larson, Ann Bowman (time donated by Jaleh Mirhashemi), Andrew Wilder, and John C. Smith commented on Item
7.A.
Member of the public Peter Borresen commented on Item 10.C.
Member of the public Denise Barton commented on Item 10.D.
Members of the public Ericka Leslie, Natalya Zernitskaya, Lori Brown, Dan Hall, commented on Item 16.C.
Member of the public Denise Barton commented on Item 16.E.
Members of the public Ericka Leslie, Natalya Zernitskaya, Michele Aronson commented on Item 16.F.
Member of the public Peter Borresen commented on Item 16.G.
Member of the public Kelli McLin commented on 16.H.
Member of the public Denise Barton commented on Item 16.I.
STUDY SESSION:
AIRPORT PANEL PROCESS
7.A. Discussion on the Lottery-Selected Panel Process for the Airport, was presented.
Recommended Action
Staff recommends that City Council:
1. Review and comment on the democratic lottery process as the primary public engagement method for the Future of the Santa Monica Airport project;
2. Provide direction to staff about: the framing question the Lottery Selected Panel would answer and whether the Lottery Selected Panel should be comprised of Santa Monica residents only or also include business owners and/or people from the adjacent West Los Angeles area; and
3. Direct staff to prepare a sole source contract, as an exception to the competitive bidding process pursuant to Section
2.24.250 (b), for Healthy Democracy to provide the services related to the democratic lottery process and bring it back for Council review in November.
Questions asked and answered of staff included: this is not the only opportunity for people to weigh in on the Future of the Airport process; does the Council have to accept the recommendation; are the panels open to the public; isn’t there an information committee that is
5.Q
Packet Pg. 184 Minutes Acceptance: Minutes of Oct 10, 2023 5:30 PM (CONSENT CALENDAR) 9 October 10, 2023
being formed, and will board and commission be involved in the information committee; how do we ensure that we have a statistically diverse demographic on the committee; what exactly defines demographic; what information is being included in the letter being sent out to potential committee members; what is meant by “balanced information”; why was any mention of a park or Measure LC in the staff report or any of the documents; whose going to be administering the third party evaluation process; whose being called in as professionals as part of the evaluation process; is there a relationship between Healthy Democracy and former Housing Commissioner Leonora Camner; what is the cost of the Healthy Democracy process; why wasn’t a RFP done and where do the other firms fall that weren’t recommended; what is the end result in Petaluma; what are the international projects and where are they; how do we get more information on the specificity of what the lottery system is going to be in order to reassure the public that the wishes of Measure LC will be upheld; if we went through a normal process, how would that look compared to the recommended lottery process; how much staff time would it take to do this process in-house as opposed to going with an outside consultant, and what would that look like; who will have the ultimate authority on making the final decision on the
recommendation; what about Measure LC, will it have to change or be rewritten to meet the recommendation; what are the traditional failures in the process the way things are; how does this process make the conversation less confrontational; what are the stakeholders opportunities to participate in the information process; how does the random selection process work; if people are selected, how do you mitigate the different levels of education, socio-economic status to ensure that everybody’s starting at the same point; how do you deal with the activist voice at the table, and how can they be heard; is there any time when a process has not gone well; how do we create a process that brings more people into the process; did our staff reach out to Petaluma to find out their satisfaction with the lottery process; with regards to Healthy Democracy, is there anything they do to guide the results; is one of the benefits that staff sees is that the recommendation was a rigorous process that has legitimacy to it that’s hard to ignore; how long would a complete RFP process for the public participation take; are there other groups who do the same type of work as Healthy Democracy; why are we still at only one vendor, and was there a wider net cast in the RFQ process; what are the past processes for outreach; and, what is the ability of any other group to ensure a broader input from the public.
Considerable discussion ensued on topics including, but not limited to: there doesn’t seem like Healthy Democracy has a lot of projects that they can show as examples of their work; concern that there is a
5.Q
Packet Pg. 185 Minutes Acceptance: Minutes of Oct 10, 2023 5:30 PM (CONSENT CALENDAR) 10 October 10, 2023
better use for these monies to address the cities basic needs; it seems like staff is advocating strongly for Healthy Democracy and the lottery process; there’s a lot of distrust of city staff and that’s why there is so much negativity around this proposed process; there’s a lot of questions regarding Healthy Democracy’s motives and if they are pushing for housing; concern that certain groups in the city are upset that this process will broaden the outreach process and that those residents will lose their power to influence the final recommendation; and, falling back on using the traditional methods of outreach to receive public process is not very inclusive or will bring diverse opinions to the table.
Motion by Councilmember Torosis, seconded by Councilmember Zwick, to approve the recommendation and provide direction: 1) strike out the word “and development” from the framing question one and add wording “a manner consistent with Measure LC, and 2) the panel would include up to two people who live adjacent West Los Angeles area, but not non-resident business owners, and direction to staff to prepare a sole source contract as an exception to the competitive process for Healthy Democracy to provide the services related to the democratic lottery process and bring it back for Council review in November.
Substitute motion by Councilmember Brock, seconded by
Councilmember de la Torre, to direct staff to open a competitive bid process for the public participation process of the Airport planning.
Councilmember Brock amended his substitute motion to go back to Sasaki to get a price for a traditional outreach portion of the contract and bring back their proposal in November when they return with the technical part of the Airport planning process. The amendment was considered friendly by the seconder.
The amended substitute motion was approved by the following vote:
AYES: Councilmembers Parra, Brock, de la Torre,
Mayor Pro Tem Negrete
NOES: Councilmembers Zwick, Torosis, Mayor Davis
ABSENT: None
CONTINUE PAST 11:00 P.M. Motion by Councilmember Torosis, seconded by Councilmember de la Torre, to continue the remainder of the agenda to the October 24th meeting, with the exception of hearing items 16.D. and 16.E. tonight, due to the timing on those items. The motion was unanimously approved by voice vote, with all members present.
5.Q
Packet Pg. 186 Minutes Acceptance: Minutes of Oct 10, 2023 5:30 PM (CONSENT CALENDAR) 11 October 10, 2023
ORDINANCES:
ACCESS & STREET
IMPROVEMENTS
10.A. Introduction and First Reading of an Ordinance
Replacing Santa Monica Municipal Code Chapter 7.04.800
(Access and Street Improvements) in its Entirety, was continued to the October 24, 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.
MASTER SERVICES
AGREEMENT
10.B. Introduction and First Reading of Ordinance Amending Santa Monica Municipal Code Section 2.24.110 and
2.24.220(g)(Master Services Agreements), was continued to the October 24, 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.
MARIJUANA ZONING
ORDINANCE AMENDMENT
10.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, was continued to the October 24, 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.
5.Q
Packet Pg. 187 Minutes Acceptance: Minutes of Oct 10, 2023 5:30 PM (CONSENT CALENDAR) 12 October 10, 2023
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.
WATER & WASTEWATER
CAPACITY STUDY
10.D. Introduction and First Reading of Water and Wastewater Capacity Study Ordinances, was continued to the October 24, 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.
COUNCILMEMBER
DISCUSSION ITEMS:
DISABILITIES COMMISSION
16.A. Appointment to one unscheduled vacancy on the
Disabilities Commission for a term ending on 6/30/2025, was continued to the October 24
th meeting due to there being no
applicants.
DISABILITIES COMMISSION 16.B. Recommendation to accept Cinzia Paganuzzi's resignation from the Disabilities Commission and authorize the City Clerk to publish the vacancy, was continued to the October 24, 2023, meeting.
JUSTICE FOR RENTERS ACT 16.C. 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
5.Q
Packet Pg. 188 Minutes Acceptance: Minutes of Oct 10, 2023 5:30 PM (CONSENT CALENDAR) 13 October 10, 2023
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 singlefamily 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 lowincome 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, was continued to the October 24, 2023, meeting.
VETERAN’S DAY FEE
WAIVING
16.D. Request of Mayor Davis that the City waive application, administrative, and rental fees associated with the partial use of the parking lot on the Santa Monica Pier as well as Santa Monica Beach Parking Lot 1 North to support the City’s annual
commemoration of Veterans Day honoring and celebrating all those who have served our country in the Armed Forces, being planned in coordination with the United States Army, was presented.
Motion by Councilmember de la Torre, seconded by Councilmember Torosis, to approve the 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
TRAVEL FUNDS 16.E. Request of Councilmembers Parra, de la Torre, and Mayor Pro Tem Negrete that the Council authorize the use of their travel funds to accept an invitation from the Embassy of El Salvador to visit the country from November 6-10, 2023. The agenda includes meeting the ambassador and various government officials to discuss public safety, education, and tourism as well as evaluating beach communities for future sister city partnerships, was presented.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember
5.Q
Packet Pg. 189 Minutes Acceptance: Minutes of Oct 10, 2023 5:30 PM (CONSENT CALENDAR) 14 October 10, 2023
Parra, to approve the 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
SUPPORT BARRINGTON
PLAZA TENANTS
16.F. 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, was continued to the October 24, 2023, meeting.
SUPPORT AB 1033 16.G. 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, was continued to the October 24, 2023, meeting.
ENGINEERED
COUNTERTOPS
16.H. 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. - New item Received 10/5/2023, was continued to the October 24, 2023, meeting.
REGISTRATION FEES &
TRAVEL EXPENSES
16.I. Request of Councilmember Zwick that the Council
authorize use of his travel funds to cover the registration fees and
5.Q
Packet Pg. 190 Minutes Acceptance: Minutes of Oct 10, 2023 5:30 PM (CONSENT CALENDAR) 15 October 10, 2023
travel expenses associated with attending the YIMBYtown Annual Conference to be held February 26-28, 2024, in Austin, TX. - New item Received 10/5/2023, was continued to the October 24, 2023, meeting.
HOUSING COMMISSION 16.J. Appointments to two unscheduled vacancies on the Housing Commission for terms ending on 6/30/2024 and
6/30/2026. - New item Received 10/5/2023, was continued to the October 24, 2023, meeting.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 3:55 a.m. in memory of Ron Goldman.
ATTEST: APPROVED:
Denise Anderson-Warren Gleam Davis
City Clerk Mayor
5.Q
Packet Pg. 191 Minutes Acceptance: Minutes of Oct 10, 2023 5:30 PM (CONSENT CALENDAR) City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 5.R
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Approval of Cancellation of Regular City Council Meeting for January 9, 2024 Recommended Action
Staff recommends that the City Council vote to cancel the regular meetings scheduled for January 9, 2024, due to a lack of a quorum.
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
5.R
Packet Pg. 192
City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 10.A
1 of 3
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 Modifying Santa Monica Municipal Code Chapter 4.04.390 to Prohibit Feeding Animals or Birds on the Pier and the Beach.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the proposed ordinance is categorically exempt under Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines.
2. Introduce for first reading the attached ordinance amending Santa Monica Municipal Code Section 4.04.390 in its entirety to clarify specific areas and to restrict feeding animals and birds on the Santa Monica Pier and the beach.
Summary
The City of Santa Monica is responsible for managing the public right of way and other public spaces and is dedicated to upholding public safety, welfare, and health. On February 24, 1976, the City Council adopted Santa Monica Municipal Code (SMMC) Section 4.04.390, to protect the welfare of the public and animals. Section 4.04.390 restricts feeding animals and birds in specific public areas. An amendment was subsequently enacted on August 24, 2004, which placed restrictions on feeding birds and animals in designated off-leash areas in dog parks and made other minor revisions.
While this current code section serves as a framework to safeguard both animals and the community, as currently written it does not specifically prohibit feeding animals and birds on the Santa Monica Pier, and the beach. Feeding birds and animals in these public spaces can create health hazards for both humans and the animals. Staff
10.A
Packet Pg. 193
2 of 3
recommends that SMMC Section 4.04.390 be amended as stated in the proposed ordinance (Attachment A) to prohibit the feeding of animals and birds at the Santa Monica Pier, and the beach.
Discussion
Feeding wild animals and birds has long been prohibited in most areas, from cities to rural areas and in state and national parks. Animals and birds can become accustomed to human food, negatively impacting their health and ability to forage and successfully find natural food sources, while also causing them to congregate in large numbers near human areas. This increases health and safety risks for humans and disease transmission. The proposed change to SMMC Section 4.04.390 would have a positive impact citywide.
Studies have indicated that high bacterial readings in the ocean just south of Santa Monica Pier could be primarily related to pigeon droppings. A specific example of the issue is highlighted in the 22-23 Heal The Bay Report (Attachment B). Pigeons are attracted to the Pier because it provides both a roosting structure and access to food.
The City recently installed new bird netting under the Pier to limit bird roosting.
However, the birds may still congregate in the area because of the available food sources. The municipal code currently does not prohibit the feeding of birds on the pier and beach. This potential food source for birds would be eliminated by amending SMMC Section 4.04.390 as proposed to prohibit feeding birds at these locations.
Collaborative efforts have been made by various City departments and divisions, including Public Works, the City Attorney's Office, the Office of Pier Management, and the Santa Monica Police Department, to amend SMMC Section 4.04.390 of the Municipal Code to address this issue. Staff recommends a revision of SMMC Section
4.04.390 in the City Municipal Code to provide greater clarity regarding the locations where feeding animals and birds would be prohibited. Staff will continue to monitor water quality data over the next twelve to eighteen months and consider additional restrictions at streets, sidewalks, and city parks in a phased approach.
10.A
Packet Pg. 194
3 of 3
Past Council Actions
Meeting Date Description
02/24/1976 (Adopted)
Attachment C
Ordinance adding Section 4.04.390 to the Santa Monica
Municipal Code, pertaining to restrictions upon feeding of animals and birds in specific areas (CCS No. 1027)
08/10/2004 (Amendment)
Attachment D
Ordinance amending the Santa Monica Municipal Code,
pertaining to restrictions upon feeding of animals and birds in specific areas (CCS No. 2137)
Environmental Review
The proposed ordinance is categorically exempt from the provisions of the CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines (common sense exemption). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed ordinance may have a significant effect on the environment. Therefore, no further environmental review under CEQA is required.
Financial Impacts and Budget Actions
There are no financial or budgetary impacts to the City as result of the recommended action. Staff will return to Council if specific budget actions are required in the future.
Prepared By: Curtis Castle, Principal Civil Engineer
Approved Forwarded to Council
Attachments:
A. Attachement A - 4.04.390 Proposed Ordinance
B. Attachement B- Beach-Report-Card-2022-2023
C. Attachement C - Ordinance No. 1027
D. Attachement D - Ordinance No. 2137
E. Written Comments
10.A
Packet Pg. 195
1 City Council Meeting: November 14, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CHAPTER 4.04.390, PERTAINING TO THE FEEDING OF BIRDS AND OTHER ANIMALS IN THE CITY PUBLIC RIGHT OF WAY.
WHEREAS, the City of Santa Monica (“City”) aims to provide its residents with an opportunity to use public space with their animal companions; and WHEREAS, distributing food to animals in beaches, and the Municipal and Newcomb Piers presents significant risk to health, safety, and welfare and can lead to unsanitary conditions; and
WHEREAS, disbursing food to animals in public places can lead to the transmission of airborne diseases; and
WHEREAS, disbursing food to animals in public places leads to an increase in bird droppings; and
WHEREAS, the increase in bird droppings has resulted in elevated bacteria level around Municipal Pier exceeding state standards; and
WHEREAS, disbursing food can also be harmful to the wildlife, causing unnatural population gathering, interspecies aggression, and other risks which directly affect their ability to survive; and
WHEREAS, in order to address these issues, City Council now wishes to clarify and expand the prohibitions in Section 4.04.390 to include the City’s public beaches, the Municipal and Newcomb Piers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
10.A.a
Packet Pg. 196 Attachment: Attachement A - 4.04.390 Proposed Ordinance [Revision 1] (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 2 SECTION 1. Chapter 4.04.390 of the Santa Monica Municipal Code is hereby amended as follows:
4.04.390 Restrictions upon feeding of animals and birds in specified areas. (a) No person shall feed any animal or bird in or on the area described in Section 3.36.150 of this Code, the Municipal and Newcomb Piers, the public beach, or in any designated off-leash area of a public park, without authorization from the City Manager or the City Manager’s designee.
(b) No person shall permit any food or other matter edible by animals or birds to remain on the ground after dispersing or dropping it in or on any park, designated off-leash area, the Municipal and Newcomb Piers, the public beach, or public street or sidewalk, without authorization from the City Manager or the City Manager’ designee.
(c) Any person violating any of the provisions of this Section shall be guilty of an infraction. Any person convicted of an infraction under the provisions of this Section shall be punishable by a fine of not less than five dollars and not more than twenty-five dollars. Each such person shall be guilty of a separate offense for each and every commission of any violation of any provision of this Section and shall be punished accordingly.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
10.A.a
Packet Pg. 197 Attachment: Attachement A - 4.04.390 Proposed Ordinance [Revision 1] (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 3 SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective thirty days after adoption.
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
10.A.a
Packet Pg. 198 Attachment: Attachement A - 4.04.390 Proposed Ordinance [Revision 1] (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 Beach Report Card
2022-2023
10.A.b
Packet Pg. 199 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) We would like to acknowledge that Heal the Bay is located on the traditional lands of the Tongva and Chumash People and pay our respects to elders past, present, and emerging.
Heal the Bay is an environmental non-profit dedicated to making the coastal waters and watersheds of Greater Los Angeles safe, healthy and clean. To fulfill our mission, we use science, education, community action, and advocacy.
The Beach Report Card program is funded by grants from:
©2023 Heal the Bay. All Rights Reserved. The fishbones logo is a trademark of Heal the Bay.
The Beach Report Card is a service mark of Heal the Bay.
We at Heal the Bay believe the public has the right to know the water quality at their beaches. We are proud to provide West Coast residents and visitors with this information in an easy-to-understand format. We hope beachgoers will use this information to make the decisions necessary to protect their health.
Beach Report Card
2022-2023
Cover: Newport Beach / Orange County / photo: Art Wager Cover: Cowell Ranch Beach / Santa Cruz County / photo: Michael Vi
10.A.b
Packet Pg. 200 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 3 HEAL THE BAY // 2022–2023
CONTENTS
HEAL THE BAY
2022-2023
• I: WELCOME
EXECUTIVE SUMMARY ..................................................................... 5 INTRODUCTION................................................................................... 8 BEACH REPORT CARD BASICS...................................................... 9 • II: WEST COAST SUMMARY
CALIFORNIA OVERVIEW...................................................................11 IMPACT OF BEACH TYPE.................................................................14 HONOR ROLL ......................................................................................17 BEACH BUMMERS..............................................................................18 CALIFORNIA COUNTY SUMMARIES............................................21 OREGON COUNTY SUMMARIES.................................................32 WASHINGTON COUNTY SUMMARIES.......................................35 TIJUANA, MEXICO SUMMARY......................................................39 • III: BEACH NEWS
EFFORTS TO WEAKEN WATER QUALITY OBJECTIVES .......41
KEEPING OUR OCEAN SAFE AND CLEAN...............................42 FUNDING SHORELINE MONITORING PROGRAMS ...............42 NOWCAST UPDATE..........................................................................43 JUSTICE 40 INITIATIVE....................................................................43
THE BEACH REPORT CARD AND
ACCESS TO WATER RECREATION..............................................43 • IV: APPENDICES
A // BEACH BUMMER HISTORY....................................................46 B // ALL GRADES BY COUNTY .....................................................48 C // FREQUENTLY ASKED QUESTIONS.....................................66 D // METHODOLOGY .......................................................................68 E // AKNOWLEDGEMENTS.............................................................70
10.A.b
Packet Pg. 201 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 4 HEAL THE BAY // 2022–2023
WELCOME
Manhattan Beach Pier / Los Angeles County
10.A.b
Packet Pg. 202 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 5 HEAL THE BAY // 2022–2023 EXECUTIVE SUMMARY
Moonlight State Beach / San Diego County
EXECUTIVE SUMMARY
I WELCOME
Heal the Bay is proud to release the 33rd annual Beach Report Card. This report examines amounts of fecal pollution measured at ocean beaches along the West Coast. The main goal of the Beach Report Card is to keep people safe when they go to the beach. We accomplish this by turning water quality data into easy-tounderstand grades. 2022 Summer Dry Grades were excellent across the State with 95% of California beaches receiving A and B grades, which is on par with the average. Winter Dry Grades were below average with 83% of the beaches receiving A and B grades. Wet Weather Grades for the past year were also below average with 56% of the beaches receiving A and B grades.
Coastal counties in California received 50% more
rainfall than the 10 year average during the winter
months. California experienced 19 large storm events
(called atmospheric rivers) from October 2022 to March
2023, which is far higher than the six the state typically gets.1
The seemingly continuous deluge came at a
time when most coastal counties were experiencing
moderate or extreme drought so it was a welcomed
temporary relief from those conditions. However, the
extreme amounts of precipitation caused landslides,
floods, power outages, blizzards, and other hazardous
conditions for millions of Californians. The rainfall also had multiple negative impacts on water quality. Rain
washes pollutants, including bacteria, into the ocean,
resulting in an overall decline in Wet Weather Grades.
1 https://water.ca.gov/News/Blog/2020/October/Atmospheric-Rivers-and-Their-Impacton-California-Reservoirs The decrease in wet weather water quality meant
that only two beaches qualified for the Honor Roll
this year, which is the shortest Honor Roll we’ve ever
seen (compared to 50 Honor Roll beaches last year).
Additionally, an alarming 45 million gallons of sewage
were spilled into the ocean and coastal waterways, in
part due to the increased rainfall. Sewage lines are
commonly flooded with rainwater causing them to
overflow. We urge local officials to invest significantly in sewage infrastructure updates and public notification
protocols to ensure the safety of all beach visitors.
This year’s Beach Bummers are:
• Santa Monica Pier (Los Angeles County)
Tied for number one is Santa Monica Pier, which
unfortunately returns to the Beach Bummer list for a
second consecutive year. Being a perpetual Beach
Bummer was the norm for the pier until 2018 when
10.A.b
Packet Pg. 203 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 6 HEAL THE BAY // 2022–2023 EXECUTIVE SUMMARY
I WELCOME EXECUTIVE SUMMARY
the city of Santa Monica installed a stormwater
capture system next to the pier.2 Unfortunately, it
appears that Santa Monica Pier’s water quality
woes go beyond polluted runoff. The city is in the
process of replacing the bird deterrent netting
underneath the pier because bird feces is
suspected to be the main culprit for the poor water
quality. The City of Santa Monica is also installing a
trash removal device in the large storm drain south
of the pier at Pico Boulevard, which could help
reduce bacteria levels around the pier.3
The City
recently completed a large stormwater capture
project that will keep polluted water from entering
the ocean and increase local water resilience.4
• Playa Blanca (Baja California, Mexico) Tied
for number one is Playa Blanca located south of the
City of Tijuana, and remaining as our number one
Beach Bummer from last year. This beach and
others in the area are impacted by sewagecontaminated runoff from the Tijuana area, which has insufficient and, in some places, nonexistent
sewage infrastructure. This beach may also receive
influxes of sewage contamination from the Punta
Bandera treatment plant outfall, north of the beach.
This treatment plant discharges millions of gallons
of lightly treated wastewater into the ocean.
However, some research has found that ocean
currents predominantly carry this contamination
northward so additional pollution sources for this
beach may need to be identified.
• San Mateo County San Mateo County is home
to five of this year’s Beach Bummers: Erckenbrack
Park, Marlin Park, Gull Park, Linda Mar Beach, and
Pillar Point Harbor. Four of the beaches are
2 https://www.santamonica.gov/blog/santa-monica-draws-line-in-the-sand-on-waterinfrastructure-innovation 3 https://pubmed.ncbi.nlm.nih.gov/35635882/
4 https://www.santamonica.gov/sustainable-water-infrastructure-project-swip categorized as enclosed beaches that do not
receive sufficient water circulation. Linda Mar Beach
is impacted by pollution from San Pedro Creek. This
marks the fifth consecutive report where San Mateo
County has multiple Beach Bummers. The one bright
spot for San Mateo County this year is that it has one
of only two Honor Roll beaches across the entire
state. Bean Hollow State Beach did not experience a
single bacterial exceedance this past year.
• Tijuana River Mouth (San Diego County) The
Tijuana River discharges tens of millions of gallons of sewage into the ocean every year. This issue
originates within the City of Tijuana, which has
impaired and insufficient sewage infrastructure. Also,
recent research has shown that partially-treated
sewage discharges from the Punta Bandera
treatment plant, located south of the city, flow north
from the Tijuana area and impact beaches in the
border region.5 The USEPA is in the process of
funding infrastructure improvements in Tijuana and
the Punta Bandera treatment plant, which will be a
big first step towards addressing water quality in the
area.
• Marina del Rey Mother’s Beach (Los Angeles
County) Regrettably, the name Mother’s Beach is
now synonymous with the term Beach Bummer. The
characteristics that make this beach a great
destination for families also make it prone to
bacteria pollution. This beach is enclosed within
Marina del Rey so there is little wave action and
water circulation. Similar to the San Mateo Beach
Bummers, pollution does not get flushed away from
the shore as it does at beaches on the open ocean.
In 2022, L.A. County Department of Beaches and
Harbors conducted a study that concluded that most
fecal pollution at the beach comes from birds. The
5 https://www.frontiersin.org/articles/10.3389/fmicb.2021.674214/full
10.A.b
Packet Pg. 204 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 7 HEAL THE BAY // 2022–2023
Department of Beaches and Harbors is currently
planning to install bird deterrents around the beach.
Mother’s Beach was closed for a few days this past
January due to a 64,000 gallon sewage spill, which
was another unfortunate setback for Mother’s
Beach visitors.
• Poche Beach (Orange County) Representing
Orange County on this year’s Beach Bummer list is
Poche Beach, which is a periodic Bummer. Poche
Beach receives polluted runoff from a storm drain
that flows directly onto the beach. Equipment
designed to clean runoff from the storm drain was
running at partial capacity in summer 2022, which
was likely the cause. However, it may be time for
Orange County to reassess its water quality
improvement strategy for this beach since it is no
stranger to the Beach Bummer list.
No Oregon beaches were monitored frequently
enough to receive a Summer Dry Grade, and no
beaches were monitored during the winter months.
Only six counties received Wet Weather grades, and
only 61% of the beaches received A and B grades,
which is lower than the state’s historical average of
73%. This is the second straight year we have not been
able to issue Summer Dry grades, which is a major
disappointment.
Washington Summer Dry Grades were excellent with
98% of the beaches receiving A and B grades, which is
far above the average of 93%. Wet Weather Grades
were equally outstanding and above average with 97%
of beaches receiving A and B grades. Unfortunately,
most Washington beaches were not monitored during
the winter months so we could not calculate Winter
Dry Grades.
Tijuana beaches El Vigia and El Faro received C grades
while Playa Blanca (the number one Beach Bummer)
received an F for Summer Dry Grades. The three
Tijuana beaches received straight F’s for all other
I WELCOME EXECUTIVE SUMMARY
grades, with the exception of El Faro, which received a lowly D for a Winter Dry grade.
The good news about water quality at our beaches is
that we know how to reduce the most common inputs of
fecal pollution. A watershed-wide nature-based
approach is our best bet for keeping our waters clean
and safe in addition to sewage infrastructure upgrades.
Green infrastructure spaced throughout our
communities will provide cleaner water; green space for communities to enjoy; and habitat for wildlife. Los
Angeles County has created a model program for
improving coastal and inland water quality. Los Angeles County’s Safe, Clean Water Program aims to increase
local water supply, improve water quality, and protect
public health by focusing efforts on multi-benefit
projects in communities that have been identified as
severely disadvantag ed with regards to access to
green space and other socioeconomic factors. The Los
Angeles County Board of Supervisors has approved $1
billion in stormwater investments for 144 projects under the Safe, Clean Water Program to date.
Alarmingly, we have observed an increase in the number
of attempts to loosen or rollback fecal pollution
regulations in California. When waterways become
polluted with contaminants such as bacteria and viruses (as measured through fecal indicator bacteria or FIB),
the USEPA holds the surrounding municipalities
responsible for that pollution and requires them to keep pollution out of those waterways or face penalties.
Unfortunately, we have seen the entities responsible for pollution in our waterways try to weaken the standards
they are held to in order to achieve compliance more
readily. Heal the Bay is adamantly against the efforts to circumvent California’s water quality objectives, and we urge the State Water Resources Control Board (SWRCB)
to firmly reassert that local governments and other
pollution dischargers are responsible for keeping all
fecal matter originating from human activities out of the ocean and surrounding waterways.
10.A.b
Packet Pg. 205 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 8 HEAL THE BAY // 2022–2023
INTRODUCTION
I WELCOME
Life in coastal areas of the West Coast is tied to the beach. Beaches serve as vital spaces where people can relax, have fun, and connect with each other. We are fortunate to have beaches that are beautiful and clean most days of the year, but unfortunately, there are times and conditions when the water at the beach can make folks sick. Our coastal waters can be contaminated with pollutants such as chemicals, trash, and fecal matter, which are harmful to human health and the ocean ecosystem.
To help keep the beach-going public safe, Heal the Bay
created The Beach Report Card over 30 years ago. The
Beach Report Card is an important and comprehensive
public health tool, providing weekly and annual water
quality grades based on bacterial pollution at over 700 beaches from Washington to Tijuana. We provide this
information to the public through a website and app —
all free of charge. Further, the Beach Report Card has
been used for advocacy by Heal the Bay to protect and
improve water quality and has spurred municipalities
and agencies to take action, resulting in numerous
success stories.
Grades in the Beach Report Card are based on
concentrations of fecal indicator bacteria (FIB)
measured at ocean beaches. While not harmful
themselves, the bacteria measured for the Beach
Report Card indicate the presence of pathogencontaining fecal matter. Organizations like Heal the Bay, the United States Environmental Protection Agency
(USEPA), and all water recreation stakeholders are most concerned about fecal pollution over other pollutants
because fecal pollution poses an acute health risk,
meaning one exposure can make someone sick.
Other contaminants like metals pose a chronic health
risk, meaning illness only sets in if someone suffers
prolonged exposure. The average beachgoer does
not get enough exposure to contaminants that pose a
chronic health risk. Therefore, only bacteria standards are used to assess recreational water quality. Some
beachgoers are privileged enough to have frequent
access to the beach (surfers for example). These folks
are in the water more than a weekend beach visitor, so
they may potentially have higher rates of exposure to
harmful pollution.
For all beach users, we recommend using the Beach
Report Card to understand the risk of getting sick. If
beachgoers avoid the water at beaches with a poor
water quality grade based on fecal matter levels,
they’re also likely avoiding other pollutants in addition to that bacteria. This is because most pollutants enter the ocean through the same routes: storm drains,
rivers, and streams. Pollution flows off our streets and into these waterways, which subsequently discharge
the contaminants into the ocean. We advise people to
avoid contact with ocean water around storm drains
and river outlets, and avoid all ocean contact for at
least three days following a significant rain event. Heal the Bay does not support restricting access to the
beach or the water, except in rare cases, but we want
people to have access to water quality information to
make informed decisions on where or when to get in.
10.A.b
Packet Pg. 206 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 9 HEAL THE BAY // 2022–2023
I WELCOME
BEACH REPORT CARD BASICS
The BRC uses a simple A-to-F letter grading system to provide water quality information to the public. This annual report issues cumulative grades for beaches on the West Coast, and provides information about other important water quality events that occurred in the past year such as sewage spills and major rainfall events.
Grades are based on routine
water quality sampling conducted
by County health agencies, State
agencies, Tribal agencies, sanitation
departments, and dischargers on
the West Coast. For recreational
health protection, water samples
are analyzed for three fecal indicator
bacteria (FIB): total coliform, fecal
coliform (E. coli), and Enterococcus
species. These FIB, in significant
quantities, indicate the presence of
harmful pathogens in the water.
This report assigns three separate
grades for each beach:
Summer Dry Grade (April
through October 2022)
This is the prime recreation season in
California when beaches are most active.
County governments are required to
sample during this period according
to the California Beach Bathing Water
Quality Standards, as defined in
Assembly Bill 411 (AB 411, Wayne 1997).6
Samples taken during wet weather
are not used for these grades.
6 https://www.waterboards.ca.gov/bacterialobjectives/
Winter Dry Grade (November
2022 through March 2023)
AB411 does not mandate water
quality monitoring for recreational
purposes during winter months
leading many Counties and States
to halt water quality monitoring
in the winter season. Additionally,
recreation generally decreases
at beaches during the winter.
Therefore, the winter season is
graded separately. Samples taken
during wet weather are not used for
these grades.
Wet Weather Grade (April
2022 through March 2023)
Rain flushes contaminants and
pollution, including bacteria over
impermeable surfaces such as
concrete and from our streets
directly into the ocean through
storm drains, rivers, and streams.
This untreated stormwater
decreases water quality by
increasing the amount of pathogens
in the ocean to potentially unsafe
levels. Wet Weather Grades consist
of samples taken during or three
days following a rain event greater
than 0.1 inches.
Beachgoers who visit beaches
during or after a rain event have
an increased risk of contracting ear
infections, eye infections, upper
respiratory infections, skin rashes,
and gastrointestinal illnesses.7,8,9
Swimmers are advised to stay out
of the water for a minimum of three
days following a significant rain
event (0.1 inches or greater).10
7 Haile, R.W., J.S. Witte, M. Gold, R. Cressey, C. McGee, R.C. Millikan, A. Glasser, N. Harawa, C. Ervin, P.
Harmon, J. Harper, J. Dermand, J. Alamillo, K. Barrett, M. Nides, G. Wang. The health effects of swimming
in ocean water contaminated by storm drain runoff.
1999. Epidemiology Vol. 10 No.4 355-363.
8 Colford, J.M., T.J. Wade, K.C. Schiff, C.C. Wright, J.F.
Griffith, S.K. Sandhu, S. Burns, M. Sobsey, G. Lovelace, S.B. Weisberg. 2007. Water quality indicators and the
risk of illness at beaches with nonpoint sources of
fecal contamination. Epidemiology Vol. 10 No. 1 27-35.
9 Arnold, B.F., K.C. Schiff, A. Ercumen, J. BenjaminChung, J.A. Steele, J.F. Griffith, S.J. Steinberg, P. Smith, C.D. McGee, R. Wilson, C. Nelsen, S.B. Weisberg,
J.M. Colford. 2017. Acute illness among surfers after
exposure to seawater in dry-and wet-weather conditions. American Journal of Epidemiology Vol. 186 No. 7 866-875.
10 https://healthebay.org/time-to-rethink-the-3-day-rainadvisory-rule/
10.A.b
Packet Pg. 207 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 10 HEAL THE BAY // 2022–2023
West Coast Summary
McWay Falls / Monterey County
10.A.b
Packet Pg. 208 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 11 HEAL THE BAY // 2022–2023
CALIFORNIA OVERVIEW Newport Beach / Orange County
Note: All averages below refer to the five-year-average unless otherwise indicated.
All percentages are rounded to the nearest whole number.
Summer Dry Grades were excellent across the State with 95% of California beaches receiving A and B grades, which is on par with the average. Winter Dry Grades were below average with 83% of the beaches receiving A and B grades. Wet Weather Grades for the past year were also below average with 56% of the beaches receiving A and B grades.
Coastal counties in California received 52% more
rainfall than the 10 year average, with some coastal
counties breaking their historical precipitation records.
This record-setting year came at a time when most
coastal California counties were experiencing drought
conditions not seen in California in the last 1,200 years.11 While the winter storms helped temporarily alleviate
California’s water supply concerns, they simultaneously had a negative impact on beach water quality across
the state. This is evidenced by the below average Wet
Weather grades and the almost nonexistent Honor
Roll list. Unfortunately, we can expect large annual
swings in precipitation and water quality across Coastal California as climate change continues to disrupt
earth’s patterns.
The immense amount of rain also likely contributed to
the higher than average amount of sewage that spilled
11 https://www.nature.com/articles/s41558-022-01290-z
II WEST COAST SUMMARY
CALIFORNIA
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 381 87% 129 70% 201 45%
B 35 8% 24 13% 48 11%
C 8 2% 6 3% 35 8%
D 3 1% 8 4% 33 7%
F 12 3% 17 9% 128 29%
A+B 416 95% 153 83% 249 56%
C,D,F 23 5% 31 17% 196 44%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 404 87% 290 81% 231 51%
B 33 7% 31 9% 46 10%
C 13 3% 17 5% 31 7%
D 7 1% 7 2% 27 6%
F 9 2% 15 4% 116 26%
A+B 438 94% 321 89% 277 61%
C,D,F 28 6% 39 11% 174 39%
10.A.b
Packet Pg. 209 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 12 HEAL THE BAY // 2022–2023
II WEST COAST SUMMARY CALIFORNIA OVERVIEW
into coastal California waterways this past year. During storms, sewage lines are commonly flooded with
rainwater causing them to overflow. In this reporting
year, over 45 million gallons of sewage entered the
ocean, rivers, lakes, and streams throughout coastal
California. That is 16 million gallons more than what was reported in last year’s Beach Report Card, which was
also considered high. California has now experienced
two consecutive years of elevated sewage spill
amounts, likely a result of faulty or failing sewage
infrastructure, which is under more stress in wet
weather. We urge local officials to invest significantly in infrastructure updates and public notification protocols to ensure the safety of all beach visitors.
Sewage contains contaminants harmful to aquatic
life such as pharmaceuticals, nutrients, caffeine, and
petroleum compounds as well as pathogens harmful
to humans. Beach closures resulting from the spills
disrupted quality of life for oceangoers and financially damaged businesses that operate on the coast.
Therefore, it is alarming to witness this uptick in human waste entering our waterways.
Northern California Overview
Northern California consists of all counties from Del
Norte County to Marin County.
Summer Dry Grades in this region were very good with
93% of beaches receiving A and B grades, which is on
par with average. No Northern California beaches were
sampled enough in winter months to receive Winter
Dry Grades.
Wet Weather Grades in the northern part of the state
were surprisingly excellent with 93% of beaches
receiving A’s and B’s.
The Northern California region received more rainfall
than average, but the increase was not as large as what we saw in Central and Southern California. Usually,
higher than average rainfall results in decreased Wet
Weather Grades because more pollutants, including
bacteria, are flushed into the ocean. However, we
observed higher than average rainfall coupled with
better than average Wet Weather Grades. This result is
likely due to the fact that most precipitation fell during winter months when Northern California beaches were
not monitored.
Crab Cove / Alameda County / photo: Sabrina Sexton
NORTHERN CALIFORNIA
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 40 91% 0 NA 37 84%
B 1 2% 0 NA 4 9%
C 1 2% 0 NA 2 5%
D 1 2% 0 NA 1 2%
F 1 2% 0 NA 0 0%
A+B 41 93% 0 NA 41 93%
C,D,F 3 7% 0 NA 3 7%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 38 88% 1 100% 23 68%
B 2 5% 0 0% 3 10%
C 1 3% 0 0% 2 7%
D 1 1% 0 0% 1 4%
F 1 2% 0 0% 4 11%
A+B 40 93% 1 100% 26 78%
C,D,F 3 7% 0 0% 7 22%
10.A.b
Packet Pg. 210 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 13 HEAL THE BAY // 2022–2023
II WEST COAST SUMMARY CALIFORNIA OVERVIEW
Central California Overview
Central California consists of all counties from San
Francisco County to San Luis Obispo County.
Summer Dry Grades were good with 91% of beaches
receiving A and B marks, which is close to the average.
Winter Dry Grades were above average with 88% of
the beaches receiving A and B grades.
Wet Weather Grades were very low with 51% of the
region’s beaches receiving A and B grades. That is
below the lackluster 61% average.
Central California Counties saw 85% more rainfall than
average, which likely accounts for the below average
Wet Weather Grades this past year.
Southern California Overview
Southern California consists of all counties from Santa Barbara County to San Diego County.
Outstandingly, 96% of the region’s Summer Dry Grades
were A and B grades, which is slightly above the
average.
Winter Dry Grades were below average with 82% of
SoCal beaches receiving A and B grades.
Wet Weather Grades were slacking and below average.
Only 52% of the beaches in Southern California
received A and B grades when it rained.
Southern California experienced the largest increase in precipitation with a rainfall total that was 102% greater than the average. The record-setting rainfall washed
more bacteria into the ocean, which caused lower Wet
Weather Grades and the near disappearance of SoCal
beaches from the Honor Roll.
CENTRAL CALIFORNIA
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 68 78% 32 74% 33 36%
B 11 13% 6 14% 13 14%
C 1 1% 0 0% 7 8%
D 1 1% 2 5% 7 8%
F 6 7% 3 7% 31 34%
A+B 79 91% 38 88% 46 51%
C,D,F 8 9% 5 12% 45 49%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 60 76% 47 71% 45 49%
B 11 14% 7 11% 12 13%
C 3 3% 5 7% 9 9%
D 2 2% 2 3% 5 5%
F 4 5% 6 8% 22 24%
A+B 71 89% 54 82% 57 61%
C,D,F 8 11% 12 18% 36 39%
SOUTHERN CALIFORNIA
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 273 89% 97 69% 131 42%
B 23 7% 18 13% 31 10%
C 6 2% 6 4% 26 8%
D 1 0% 6 4% 25 8%
F 5 2% 14 10% 97 31%
A+B 296 96% 115 82% 162 52%
C,D,F 12 4% 26 18% 148 48%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 307 89% 243 83% 163 50%
B 20 6% 23 8% 31 10%
C 9 3% 12 4% 20 6%
D 4 1% 5 2% 21 6%
F 4 1% 9 3% 90 28%
A+B 327 95% 266 91% 193 60%
C,D,F 17 5% 27 9% 130 40%
10.A.b
Packet Pg. 211 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 14 HEAL THE BAY // 2022–2023
Not all beaches are the same when it comes to water quality. We have categorized California’s beaches into three groups for analysis: 1) open beaches, 2) storm drain, stream, and river beaches, and 3) enclosed beaches.
IMPACT OF BEACH TYPE
Open Beaches
Open beaches do not have obstructions
between the beach and open water. They
experience more wave action and greater water
circulation than an enclosed beach. These beaches do
not have storm drains, streams, or rivers flowing into
them. As a result, open beaches tend to have better
water quality than enclosed or storm drain, stream, or
river beaches. Seventy-nine open beaches received
grades this year.
• Summer Dry Grades were phenomenal with 99%
of the beaches receiving A and B grades.
• Winter Dry Grades were good with 90% of the
beaches receiving A and B grades.
• Wet Weather Grades were below average with
70% of the beaches receiving A and B grades.
• As indicated by the poorer Wet Weather Grades,
open beaches are still impacted by stormwater. We
advise people to avoid contact with ocean water
for at least three days at all beaches following a
significant rain event.
Storm Drain, Stream, and
River Beaches
Beaches with storm drains, streams, or
rivers flowing into them receive runoff that carries
bacteria. We recommend swimming at least 100 yards
away from storm drains, streams, and rivers at the
beach. Also, avoid contact with the water for at least
three days following a rain event. This year we issued
grades to 218 of these beaches.
• Summer Dry Grades were superb with 94% of the
beaches receiving A and B grades.
• Winter Dry Grades were below average with 84%
of the beaches receiving A and B grades.
• Wet Weather Grades were abysmal and below
average with only 50% of the beaches receiving A
and B grades.
• Four of this year’s Beach Bummers were impacted
by runoff from a nearby storm drain, river, or
stream.
Cowells Beach / Santa Cruz County
II WEST COAST SUMMARY
10.A.b
Packet Pg. 212 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 15 HEAL THE BAY // 2022–2023
II WEST COAST SUMMARY IMPACT OF BEACH TYPE
Enclosed Beaches
Enclosed beaches have obstructions like a
land mass or jetty blocking the beach from
the open water. They are often associated
with lagoons, marinas, and harbors. Enclosed beaches
have little wave action and poor water circulation,
which leads to generally worse water quality. Due to
their calm waters, enclosed beaches are inviting for
small children, and they are frequently preferred by
parents and given names like Mother’s Beach. We
calculated grades for 80 enclosed beaches this year.
• Summer Dry Grades for enclosed beaches were
about average with 91% receiving A and B grades.
• Winter Dry Grades were exceptionally below
average with only 58% of enclosed beaches
receiving A and B grades.
• Wet Weather Grades were surprisingly above
average with 51% of enclosed beaches receiving
A and B grades. Despite being above average for
enclosed beaches, these are still very poor marks,
which is typical for this beach type.
• Five of this year’s Beach Bummers were enclosed
beaches.
Mother’s Beach / Los Angeles County
10.A.b
Packet Pg. 213 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 16 HEAL THE BAY // 2022–2023
II WEST COAST SUMMARY IMPACT OF BEACH TYPE
GRADES BY TIME PERIOD & BEACH TYPE
ENCLOSED
OPEN
STORM DRAIN
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 73 92% 33 80% 48 57%
B 5 6% 4 10% 11 13%
C 1 1% 1 2% 11 13%
D 0 0% 1 2% 4 5%
F 0 0% 2 5% 10 12%
A+B 78 99% 37 90% 59 70%
C,D,F 1 1% 4 10% 25 30%
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 189 87% 72 72% 81 37%
B 17 8% 12 12% 28 13%
C 4 2% 3 3% 17 8%
D 1 0% 4 4% 22 10%
F 7 3% 9 9% 72 33%
A+B 206 94% 84 84% 109 50%
C,D,F 12 6% 16 16% 111 50%
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 62 78% 4 21% 41 51%
B 11 14% 7 37% 0 0%
C 1 1% 2 11% 4 5%
D 2 3% 2 11% 3 4%
F 4 5% 4 21% 32 40%
A+B 73 91% 11 58% 41 51%
C,D,F 7 9% 8 42% 39 49%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 82 93% 57 89% 57 67%
B 4 4% 3 4% 10 12%
C 1 2% 2 3% 5 6%
D 0 0% 1 2% 3 3%
F 0 0% 1 2% 10 12%
A+B 86 98% 60 93% 68 78%
C,D,F 2 3% 5 7% 19 22%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 197 85% 142 80% 119 53%
B 17 7% 16 9% 22 10%
C 9 4% 9 5% 15 7%
D 4 2% 4 2% 14 6%
F 4 2% 6 3% 56 25%
A+B 214 93% 158 89% 140 62%
C,D,F 17 7% 19 11% 84 38%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 78 81% 49 70% 29 32%
B 10 10% 10 14% 8 9%
C 3 3% 5 7% 6 7%
D 2 2% 1 2% 6 7%
F 3 4% 5 8% 40 45%
A+B 88 92% 58 84% 37 41%
C,D,F 8 8% 11 16% 52 59%
10.A.b
Packet Pg. 214 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 17 HEAL THE BAY // 2022–2023
HONOR ROLL Bean Hollow State Beach / San Mateo County / photo: Sarunas Burdulis A+
BEACH NAME COUNTY
Point Loma, Lighthouse San Diego
Bean Hollow State Beach San Mateo
HONOR ROLL 2022-2023
To earn a spot on the Honor Roll, a beach must be monitored weekly all year and must receive an A+ for all seasons and weather conditions (Summer Dry, Winter Dry, Wet Weather).
This year, only two out of over 500 monitored beaches
made it on the Honor Roll compared to 51 last year.
Unfortunately, the unprecedented amount of rain that
fell across California during the 2022–2023 winter led
to an enormous dip in water quality and a very short
Honor Roll list.
The record rainfall impacted the Honor Roll list in two ways: 1) fewer beaches received Winter Dry Grades
because most of the winter data was collected during
wet weather, and 2) increased precipitation negatively
impacted water quality. In order to get on the Honor Roll, a beach must have zero bacterial exceedances all year
under all conditions, which is extremely difficult to do with so much rainfall. The unsettlingly short Honor Roll was also impacted by our inability to grade one third of San Diego County’s beaches, which usually comprise a
large portion of the Honor Roll (15 in the last report).
The Honor Roll is typically dominated by Southern
California beaches, in part, because many Northern and
Central California Counties do not monitor beach water
quality year-round. However, it appears that the wet
weather from this past winter took its toll everywhere.
The Point Loma Lighthouse in San Diego and Bean
Hollow State Beach are the sole Honor Roll beaches
this year. Bean Hollow State Beach is notable because it is located in San Mateo County, which is home to half of this year’s Beach Bummers.
II WEST COAST SUMMARY
10.A.b
Packet Pg. 215 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 18 HEAL THE BAY // 2022–2023
BEACH BUMMERS
F
The beaches that received the ten poorest Summer Dry Grades are called Beach Bummers. This year’s Beach Bummers are:
1. Playa Blanca
(Baja California, Mexico)
Tied for number one is Playa Blanca located south of
the City of Tijuana, and remaining as our number one
Beach Bummer from last year. This beach and others
in the area are impacted by sewage-contaminated
runoff from the Tijuana area, which has insufficient
and, in some places, nonexistent sewage infrastructure.
This beach may also receive influxes of sewage
contamination from the Punta Bandera treatment
plant outfall, north of the beach. This treatment
plant discharges millions of gallons of lightly treated wastewater into the ocean. However, some research
has found that ocean currents predominantly carry
this contamination northward so additional pollution
sources for this beach may need to be identified.
1. Santa Monica Pier
(Los Angeles County)
Tied for number one is Santa Monica Pier, which
unfortunately returns to the Beach Bummer list for a
second consecutive year. Being a perpetual Beach
Bummer was the norm for the pier until 2018 when the
city of Santa Monica installed a stormwater capture
system next to the pier.12 Unfortunately, it appears that Santa Monica Pier’s water quality woes go beyond
polluted runoff. The city is in the process of replacing the bird deterrent netting underneath the pier because
bird feces is suspected to be the main culprit for the poor water quality. The City of Santa Monica is also installing a trash removal device in the large storm drain south of the pier at Pico Boulevard, which could help reduce bacteria levels around the pier.13 The City recently completed a large stormwater capture project that will keep polluted water from entering the ocean and increase local water
resilience.14
3. Linda Mar Beach
(San Mateo County)
Linda Mar Beach is no stranger to the Beach Bummer
list, last earning Beach Bummer designation in our 2020 report. Unlike the other San Mateo Beach Bummers, this
beach is on the Pacific Ocean, and it receives pollutionridden runoff via San Pedro Creek. 12 https://www.santamonica.gov/blog/santa-monica-draws-line-in-the-sand-on-water-infrastructure-innovation 13 https://pubmed.ncbi.nlm.nih.gov/35635882/
14 https://www.santamonica.gov/sustainable-water-infrastructure-project-swip
II WEST COAST SUMMARY
El Faro Beach / Tijuana
10.A.b
Packet Pg. 216 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 19 HEAL THE BAY // 2022–2023
4. Marlin Park
(San Mateo County)
The second of five San Mateo Beach Bummers, Marlin
Park has now earned Bummer status for a third
consecutive year. This beach sits within a series of
human engineered channels near Foster City that
allow very little water circulation so pollution from the surrounding developed areas lingers in the water.
5. Erckenbrack Park
(San Mateo County)
Erckenbrack Park has recently become a perennial
Beach Bummer having received official Bummer
designation for a fourth straight year. This beach is
within the same network of channels that is home to
Marlin Park and Gull Park and is unfortunately prone to water quality issues. The lack of water circulation and high amount of nearby human development makes the
Foster City area a perfect incubator for Beach Bummers.
6. Tijuana River Mouth
(San Diego County)
The Tijuana River discharges tens of millions of gallons of sewage into the ocean every year. This issue
originates within the City of Tijuana, which has problems with impaired and insufficient sewage infrastructure.
Also, recent research has shown that partially-treated
sewage discharges from the Punta Bandera treatment
plant, located south of the city, flow north from the
Tijuana area and impact beaches in the border region.15 The USEPA is in the process of funding infrastructure
15 https://www.frontiersin.org/articles/10.3389/fmicb.2021.674214/full improvements in Tijuana and the Punta Bandera
treatment plant, which will be a big first step towards addressing water quality in the area.16
7. Pillar Point Harbor at Capistrano Ave.
(San Mateo County)
This beach is one of a half-dozen beaches enclosed
within Pillar Point Harbor, which sits on the Pacific
Ocean side of San Mateo County. The harbor is dotted
with storm drain outfalls that discharge polluted water, which does not get flushed away from the beach by
ocean currents or waves due to the harbor’s seawalls.
8. Marina del Rey Mother’s Beach
(Los Angeles County)
Regrettably, the name Mother’s Beach is now
synonymous with the term Beach Bummer. The
characteristics that make this beach a great destination for families also make it prone to bacteria pollution.
This beach is enclosed within Marina del Rey so there
is little wave action and water circulation. Similar to the San Mateo Beach Bummers, pollution does not get
flushed away from the shore as it does at beaches on
the open ocean. In 2022, L.A. County Department of
Beaches and Harbors conducted a study concluding
that most fecal pollution at the beach comes from birds.
The Department of Beaches and Harbors is planning
to install bird deterrents around the beach. Mother’s
Beach was closed for a few days this past January due
to a 64,000 gallon sewage spill, which was another
unfortunate setback for Mother’s Beach visitors.
16 https://www.epa.gov/sustainable-water-infrastructure/tijuana-river-watershed-nepaimplementation
II WEST COAST SUMMARY BEACH BUMMERS
Pillar Point Harbor / San Mateo County / photo: Brocken Inaglory
10.A.b
Packet Pg. 217 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 20 HEAL THE BAY // 2022–2023
RANK LOCATION SUMMER
DRY GRADE COUNTY/AREA BEACH TYPE
1 Playa Blanca Tijuana
1 Santa Monica Pier Los Angeles Storm Drain Impacted
3 Linda Mar Beach, at San Pedro Creek San Mateo Storm Drain Impacted 4 Marlin Park, Foster City San Mateo Enclosed
5 Erckenbrack Park, Foster City San Mateo Enclosed
6 Tijuana Slough, Tijuana River mouth San Diego Storm Drain Impacted 7 Pillar Point Harbor, Capistrano Ave Beach San Mateo Enclosed 8 Marina del Rey Mothers' Beach,
between Lifeguard Tower and Boat dock Los Angeles Enclosed 9 Poche Creek Outlet Orange Storm Drain Impacted
10 Gull Park, Foster City San Mateo Enclosed
BEACH BUMMERS2022-2023 F
9. Poche Beach
(Orange County)
Representing Orange County on this year’s Beach
Bummer list is Poche Beach, which is a periodic
Bummer. Poche Beach receives polluted runoff from a
storm drain that flows directly onto the beach. Orange
County Public Works stated that equipment designed
to clean runoff from the storm drain was out of order for a couple months and running inefficiently after some
rare summer rain events last summer. Orange County
officials have stated that the equipment is now in good working order, and they expect better water quality
moving forward.17
17 https://www.southocwqip.org/documents/1148982b045643c887f67b06ef85ff25/ explore
10. Gull Park
(San Mateo County)
Rounding out the Beach Bummer list is Gull Park,
which is the fifth San Mateo Beach Bummer this year.
Gull Park last earned the title of Beach Bummer in
2021. Gull Park is close to Marlin Park and Erckenbrack Park and it suffers from the same water quality issues
those beaches do. San Mateo County officials need
to develop ways to capture urban runoff before it can
flow into the ocean, and they should explore ways
to improve water circulation in the channels around
Foster City.
II WEST COAST SUMMARY BEACH BUMMERS
10.A.b
Packet Pg. 218 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 21 HEAL THE BAY // 2022–2023
Note: All averages below refer to the five-year-average unless otherwise indicated.
All percentages are rounded to the nearest whole number.
II WEST COAST SUMMARY
Del Norte County
Del Norte County is the northernmost coastal county in California, and there is only one beach that was monitored: Crescent City Beach at Battery Point Lighthouse. This beach received an A+ for its Summer Dry Grade, which is normal for this site.
There were no Winter Dry Grades issued for this site due to undersampling, and it received a B for its Wet Weather Grade.
This County received 62 inches of rain this past year, which is more than any other County in California and 16% greater than the historical average of 53 inches.
There were no sewage spills in Del Norte County that impacted recreational beaches or other waters during this past year.
CALIFORNIA COUNTY SUMMARIES
Kiddie Beach / Ventura County
photo: Genelle Guzman
DEL NORTE COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 1 100% NO DATA NO DATA 0 0%
B 0 0% NO DATA NO DATA 1 100%
C 0 0% NO DATA NO DATA 0 0%
D 0 0% NO DATA NO DATA 0 0%
F 0 0% NO DATA NO DATA 0 0%
A+B 1 100% NO DATA NO DATA 1 100%
C,D,F 0 0% NO DATA NO DATA 0 0%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 1 100% 1 100% 1 55%
B 0 0% 0 0% 0 0%
C 0 0% 0 0% 0 23%
D 0 0% 0 0% 0 23%
F 0 0% 0 0% 0 0%
A+B 1 100% 1 100% 1 55%
C,D,F 0 0% 0 0% 1 45%
10.A.b
Packet Pg. 219 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 22 HEAL THE BAY // 2022–2023
II WEST COAST SUMMARY CALIFORNIA COUNTY SUMMARIES
Humboldt County
Summer Dry Grades were very poor this year with only 40% of the beaches receiving A and B grades, which is below average.
Wet Weather Grades were poor but better than average with 60% of the beaches receiving A and B grades.
Humboldt County does not monitor its beaches in the winter months so there were no Winter Dry Grades and no beaches were eligible for the Honor Roll.
Humboldt County received 55 inches of cumulative rainfall, which is 52% higher than the historical average of 36 inches.
Most of the rain fell during the winter months when the beaches are not monitored, so we do not know the full impact the increased rainfall had on water quality.
Humboldt County did not have any sewage spills that impacted ocean beaches this past year. However, there were 18 spills totaling 805,123 gallons that reached lakes, rivers, or streams.
Mendocino County
Mendocino County’s water quality was very good with all beaches receiving A’s and B’s for Summer Dry Grades. Beaches in this county have not received a Summer Dry Grade lower than a B in the last six years. All Mendocino beaches received A’s for their Wet Weather Grades, which is outstanding.
Mendocino County does not monitor its beaches in the winter months so there were no Winter Dry Grades and no beaches were eligible for the Honor Roll.
Mendocino County is one of two coastal counties this year that actually experienced lower than average rainfall. The County received 20 inches of rain, which is 43% lower than the average of 35 inches.
Mendocino County beach lovers experienced a sewage free summer. Three spills totaling 4,540 gallons reached a body of water, but none were close to ocean beaches.
HUMBOLDT COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 2 40% NO DATA NO DATA 1 20%
B 0 0% NO DATA NO DATA 2 40%
C 1 20% NO DATA NO DATA 1 20%
D 1 20% NO DATA NO DATA 1 20%
F 1 20% NO DATA NO DATA 0 0%
A+B 2 40% NO DATA NO DATA 3 60%
C,D,F 3 60% NO DATA NO DATA 2 40%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 2 36% NO DATA NO DATA 1 25%
B 1 12% NO DATA NO DATA 1 30%
C 1 20% NO DATA NO DATA 0 10%
D 1 12% NO DATA NO DATA 1 15%
F 1 20% NO DATA NO DATA 1 20%
A+B 2 48% NO DATA NO DATA 2 55%
C,D,F 3 52% NO DATA NO DATA 2 45%
MENDOCINO COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 4 80% NO DATA NO DATA 5 100%
B 1 20% NO DATA NO DATA 0 0%
C 0 0% NO DATA NO DATA 0 0%
D 0 0% NO DATA NO DATA 0 0%
F 0 0% NO DATA NO DATA 0 0%
A+B 5 100% NO DATA NO DATA 5 100%
C,D,F 0 0% NO DATA NO DATA 0 0%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 5 96% 0 NA 3 74%
B 0 4% 0 NA 1 13%
C 0 0% 0 NA 0 9%
D 0 0% 0 NA 0 4%
F 0 0% 0 NA 0 0%
A+B 5 100% 0 NA 4 87%
C,D,F 0 0% 0 NA 1 13%
10.A.b
Packet Pg. 220 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 23 HEAL THE BAY // 2022–2023
II WEST COAST SUMMARY CALIFORNIA COUNTY SUMMARIES
Sonoma County
Sonoma County beaches got straight A’s for Summer Dry
Grades, and all beaches got either an A or a B for Wet Weather, which is typical for this stretch of coastline. Sonoma County does not monitor its beaches in winter months so no Winter Dry Grades were generated and no beaches from this county were eligible for the Honor Roll.
Sonoma County is one of two coastal counties that received lower than average precipitation. In total, 17 inches of rain fell across Sonoma County, which is 35% lower than the historical average of 27 inches. This is now the third straight year of below average rainfall for Sonoma County.
All 376,352 gallons of sewage spilled throughout Sonoma County this past year flowed into inland waters and did not impact ocean beaches.
Marin County
Summer Dry Grades were top of the class with all beaches receiving A’s. Wet Weather Grades were above average with 96% receiving either an A or a B. Marin County does not monitor its beaches in winter months so no Winter Dry Grades were calculated and no beaches from this County were eligible for the Honor Roll.
Marin County received 37 inches of rain, which is 93% above the historical average of 19 inches. However, most of the rain fell during the winter months when the beaches are not monitored, so we do not know if there was an impact on water quality.
Close to 35,000 gallons of sewage flowed into Marin County waterways this past year. Two spills totaling 8,025 gallons flowed into the Corte Madera Marsh Ecological Reserve. While no recreational beaches are in the area, we are concerned about the ecological impacts of these spills.
SONOMA COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 7 100% NO DATA NO DATA 6 86%
B 0 0% NO DATA NO DATA 1 14%
C 0 0% NO DATA NO DATA 0 0%
D 0 0% NO DATA NO DATA 0 0%
F 0 0% NO DATA NO DATA 0 0%
A+B 7 100% NO DATA NO DATA 7 100%
C,D,F 0 0% NO DATA NO DATA 0 0%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 7 97% NO DATA NO DATA 5 100%
B 0 0% NO DATA NO DATA 0 0%
C 0 3% NO DATA NO DATA 0 0%
D 0 0% NO DATA NO DATA 0 0%
F 0 0% NO DATA NO DATA 0 0%
A+B 7 97% NO DATA NO DATA 5 100%
C,D,F 0 3% NO DATA NO DATA 0 0%
MARIN COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 26 100% NO DATA NO DATA 25 96%
B 0 0% NO DATA NO DATA 0 0%
C 0 0% NO DATA NO DATA 1 4%
D 0 0% NO DATA NO DATA 0 0%
F 0 0% NO DATA NO DATA 0 0%
A+B 26 100% NO DATA NO DATA 25 96%
C,D,F 0 0% NO DATA NO DATA 1 4%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 23 94% NO DATA NO DATA 13 68%
B 1 6% NO DATA NO DATA 2 8%
C 0 0% NO DATA NO DATA 1 7%
D 0 0% NO DATA NO DATA 0 1%
F 0 0% NO DATA NO DATA 3 15%
A+B 24 100% NO DATA NO DATA 15 77%
C,D,F 0 0% NO DATA NO DATA 5 23%
10.A.b
Packet Pg. 221 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 24 HEAL THE BAY // 2022–2023
II WEST COAST SUMMARY CALIFORNIA COUNTY SUMMARIES
San Francisco County
100% of San Francisco’s Summer Dry Grades were either A’s or B’s this year, which is exceptional and above average.
Wet Weather Grades were slightly below average with 44% of beaches receiving A and B grades. However, this is an improvement over last year when no beaches received an A and only 17% received a B.
Winter Dry Grades were excellent as all beaches received either an A or a B.
San Francisco County received 37 inches of rain, which is a 93% increase from the historical average of 19 inches. San Francisco has a combined sewer system meaning rain runoff flows into the sewer system and gets treated instead of flowing into the ocean. Therefore, we did not see a major decrease in Wet Weather Grades this past year.
One spill sent 2.3 million gallons of sewage into the San Francisco Bay near Crissy Field and Aquatic Park, which were both closed for several days as a result. This single massive spill accounts for most of the sewage that reached surface water across San Francisco in 2022–2023.
Crane Cove/San Francisco / Credit: Corey Chrisman
SAN FRANCISCO COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 15 94% 16 100% 4 22%
B 1 6% 0 0% 4 22%
C 0 0% 0 0% 2 11%
D 0 0% 0 0% 3 17%
F 0 0% 0 0% 5 28%
A+B 16 100% 16 100% 8 44%
C,D,F 0 0% 0 0% 10 56%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 13 85% 11 75% 5 26%
B 2 13% 2 12% 4 21%
C 0 1% 0 3% 2 11%
D 0 0% 0 3% 1 4%
F 0 1% 1 7% 7 37%
A+B 15 97% 13 88% 9 47%
C,D,F 0 3% 2 12% 10 53%
10.A.b
Packet Pg. 222 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 25 HEAL THE BAY // 2022–2023
II WEST COAST SUMMARY CALIFORNIA COUNTY SUMMARIES
East Bay: Alameda County
and Contra Costa County
The East Bay had outstanding water quality over the last year with 100% of the beaches earning either an A or a B for Summer Dry Grades. For Wet Weather Grades, 75% of the beaches
received A and B grades, which is substantially higher than average. East Bay beaches are monitored in winter months, but no Winter Dry Grades were calculated this year because most winter data was categorized as wet weather.
Alameda County and Contra Costa County received 37 inches of rain, which is a 93% increase from the historical average of 19 inches. More rainfall usually results in worse water quality because more pollutants are washed into the ocean, but the East Bay has bucked that trend this year.
The East Bay tied with Ventura County in having the most sewage spilled into waterways this past year (11 million gallons).
Keller Beach was closed for several days after 17,000 gallons of sewage were spilled near the beach. Over 4 million gallons of sewage spilled into the marina south of downtown Oakland — while no ocean beaches were impacted in this instance, we are alarmed by the large amount spilled.
Keller Beach, Richmond / Contra Costa County
EAST BAY COUNTIES
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 7 88% NO DATA NO DATA 5 63%
B 1 13% NO DATA NO DATA 1 13%
C 0 0% NO DATA NO DATA 0 0%
D 0 0% NO DATA NO DATA 0 0%
F 0 0% NO DATA NO DATA 2 25%
A+B 8 100% NO DATA NO DATA 6 75%
C,D,F 0 0% NO DATA NO DATA 2 25%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 6 72% 2 70% 3 41%
B 1 18% 1 20% 1 18%
C 0 5% 0 10% 1 15%
D 0 5% 0 0% 0 6%
F 0 0% 0 0% 1 21%
A+B 7 90% 3 90% 4 59%
C,D,F 1 10% 0 10% 3 41%
10.A.b
Packet Pg. 223 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 26 HEAL THE BAY // 2022–2023
II WEST COAST SUMMARY CALIFORNIA COUNTY SUMMARIES
San Mateo County
Summer Dry Grades were mediocre with only 71% of beaches earning A and B grades. This is still slightly above the average for this county, which has struggled with water quality in recent years.
Wet Weather Grades were bottom of the class as only 31% of beaches earned A and B grades.
Winter Dry Grades fared better with 76% receiving A and B grades, which is well above average for this county.
San Mateo County is home to five of this year’s Beach Bummers:
Erckenbrack Park, Marlin Park, Gull Park, Linda Mar Beach, and Pillar Point Harbor. Four of the beaches are categorized as enclosed, which means they do not receive sufficient water circulation. Linda Mar Beach is impacted by pollution from San Pedro Creek. This marks the fifth consecutive report where San Mateo County has multiple Beach Bummers.
The one bright spot for San Mateo County this year is that it has one of only two Honor Roll beaches. Bean Hollow State Beach did not experience a single bacterial exceedance this past year making it one of the cleanest beaches in the state.
San Mateo County received 37 inches of rain, which is a 93% increase from the historical average of 19 inches. Wet Weather Grades were substantially lower than average as a result of the increase in rainfall.
Over 3.2 million gallons of sewage were spilled upcoast of Fitzgerald Marine Reserve in February. We did not find records of beach closures for the spill. Miramar Beach experienced three separate sewage spills totaling 81,500 gallons, resulting in beach closures. These spills still account for less than half of the 7.5 million gallons of sewage spilled into the ocean, lakes, rivers, and streams in San Mateo County this past year.
Tunitas Beach / San Mateo County / photo: David Baron
SAN MATEO COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 12 50% 12 57% 4 15%
B 5 21% 4 19% 4 15%
C 1 4% 0 0% 2 8%
D 1 4% 2 10% 2 8%
F 5 21% 3 14% 14 54%
A+B 17 71% 16 76% 8 31%
C,D,F 7 29% 5 24% 18 69%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 7 42% 9 40% 8 32%
B 4 24% 3 13% 2 10%
C 1 8% 3 15% 3 11%
D 1 6% 2 7% 2 10%
F 3 20% 6 26% 9 37%
A+B 11 66% 11 52% 10 42%
C,D,F 6 34% 10 48% 14 58%
10.A.b
Packet Pg. 224 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 27 HEAL THE BAY // 2022–2023
II WEST COAST SUMMARY CALIFORNIA COUNTY SUMMARIES
Santa Cruz County
Summer Dry Grades were great and a little higher than average this year with 93% of the beaches receiving A and B grades.
Wet Weather Grades were disappointing as only 21% of the beaches received an A or B grade; this is far lower than the average of 59%.
Winter Dry Grades were outstanding and above average with 100% of the County’s beaches receiving A and B grades.
Santa Cruz County received 42 inches of rain, which is 63% above the historical average of 26 inches. This had a dramatic negative impact on Wet Weather Grades.
Seven separate spills sent a total of 553,150 gallons of sewage into waterways. Thirty-six thousand gallons of sewage flowed into the San Lorenzo River less than half a mile upstream from Main Beach in January. We are alarmed as we could not find a record of a beach closure due to the spill.
Monterey County
Monterey County’s beaches received all A’s for Summer Dry grades, which is better than average.
Wet Weather Grades were decent and equal to average with 83% of the County’s beaches receiving A and B grades.
Monterey County does not monitor its beaches in winter
months so no Winter Dry Grades were generated and no
beaches from this county were eligible for the Honor Roll.
Monterey County received 27 inches of rain, which is 62% higher than the historical average of 17 inches. We do not know the full impact this increase in precipitation had on water quality because Monterey County does not monitor its beaches in the winter when most rainfall occurs.
Two small spills of 50 gallons each occurred near San Carlos Beach in the City of Monterey. Overall, 109,605 gallons of sewage were spilled into waterways across the county in this reporting year.
SANTA CRUZ COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 10 71% 4 67% 1 7%
B 3 21% 2 33% 2 14%
C 0 0% 0 0% 2 14%
D 0 0% 0 0% 2 14%
F 1 7% 0 0% 7 50%
A+B 13 93% 6 100% 3 21%
C,D,F 1 7% 0 0% 11 79%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 9 69% 6 65% 8 45%
B 3 20% 2 20% 2 14%
C 1 5% 1 10% 2 13%
D 0 3% 0 2% 1 6%
F 0 3% 0 2% 4 23%
A+B 11 89% 8 86% 10 59%
C,D,F 1 11% 1 14% 7 41%
MONTEREY COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 6 100% NO DATA NO DATA 5 83%
B 0 0% NO DATA NO DATA 0 0%
C 0 0% NO DATA NO DATA 0 0%
D 0 0% NO DATA NO DATA 0 0%
F 0 0% NO DATA NO DATA 1 17%
A+B 6 100% NO DATA NO DATA 5 83%
C,D,F 0 0% NO DATA NO DATA 1 17%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 7 92% 4 92% 5 83%
B 1 8% 0 8% 0 0%
C 0 0% 0 0% 0 7%
D 0 0% 0 0% 0 0%
F 0 0% 0 0% 1 10%
A+B 7 100% 4 100% 5 83%
C,D,F 0 0% 0 0% 1 17%
10.A.b
Packet Pg. 225 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 28 HEAL THE BAY // 2022–2023
II WEST COAST SUMMARY CALIFORNIA COUNTY SUMMARIES
San Luis Obispo County
In typical fashion, 100% of San Luis Obispo County’s Summer Dry Grades were either A’s or B’s.
Wet Weather Grades were lower than average with 84% of the beaches receiving A and B grades.
San Luis Obispo County beaches are monitored in the winter.
However, this past winter was so rainy that most of the winter samples were categorized under wet weather. Therefore, we were not able to issue Winter Dry Grades.
San Luis Obispo County received 24 inches of rain, which is 117% higher than the average of 11 inches. The exceptionally large increase in precipitation likely caused the below average Wet Weather Grades.
558,826 gallons of sewage spilled into San Luis Obispo County waterways in 2022–2023. Morro Beach and Vaila Beach
experienced closures due to separate 10,000 gallon sewage spills.
Santa Barbara County
Summer Dry Grades were exceptionally good this past year with 100% of beaches receiving an A.
Wet Weather Grades were flunking with a dismal 50% earning A and B grades, which is typical for Santa Barbara County.
Winter Dry Grades were superb and above average with 100% of the beaches earning A and B grades for a third straight year.
Santa Barbara County received 20 inches of rainfall this past year, which was 83% higher than the average of 11 inches. However, there was not a noticeable dip in wet weather water quality as a result.
Nine sewage spills totaling 51,180 gallons flowed into the ocean, rivers, lakes, and streams throughout the county. 28,034 gallons of sewage were spilled into the ocean near the Santa Barbara Pier resulting in temporary closures of the surrounding beaches.
SAN LUIS OBISPO COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 18 95% NO DATA NO DATA 14 74%
B 1 5% NO DATA NO DATA 2 11%
C 0 0% NO DATA NO DATA 1 5%
D 0 0% NO DATA NO DATA 0 0%
F 0 0% NO DATA NO DATA 2 11%
A+B 19 100% NO DATA NO DATA 16 84%
C,D,F 0 0% NO DATA NO DATA 3 16%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 19 98% 18 95% 16 85%
B 0 2% 1 3% 2 9%
C 0 0% 0 2% 0 2%
D 0 0% 0 0% 0 2%
F 0 0% 0 0% 0 1%
A+B 19 100% 19 98% 18 95%
C,D,F 0 0% 0 2% 1 5%
SANTA BARBARA COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 16 100% 6 50% 3 19%
B 0 0% 6 50% 5 31%
C 0 0% 0 0% 3 19%
D 0 0% 0 0% 3 19%
F 0 0% 0 0% 2 13%
A+B 16 100% 12 100% 8 50%
C,D,F 0 0% 0 0% 8 50%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 14 86% 13 84% 7 43%
B 1 8% 1 9% 1 8%
C 1 5% 0 3% 1 9%
D 0 1% 0 0% 2 13%
F 0 0% 1 4% 5 29%
A+B 15 94% 14 94% 8 50%
C,D,F 1 6% 1 6% 8 50%
10.A.b
Packet Pg. 226 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 29 HEAL THE BAY // 2022–2023
II WEST COAST SUMMARY CALIFORNIA COUNTY SUMMARIES
Ventura County
True to form, 100% of Ventura County’s beaches received A and B Summer Dry Grades.
Wet Weather Grades took a plunge below average this past year with only 53% earning A’s and B’s.
Winter Dry grades were unusually poor in Ventura County. Only 67% of the beaches receive A’s or B’s.
Ventura County received 22 inches of rain, which is 111% higher than the historical average of 10 inches. This increase likely resulted in the below average Wet Weather Grades.
The 11 million gallons of sewage spilled into waterways throughout Ventura County is the most spilled within a single county this past year. No ocean beaches were impacted by the six total sewage spills, but nearly all 11 million gallons spilled into San Antonio Creek in one spill event, which is highly concerning.
Los Angeles County
Los Angeles County had superlative Summer Dry Grades with 94% of the County’s beaches receiving A and B grades, which is above average.
Wet Weather Grades were appalling with only 30% earning A’s and B’s, which is well below the already poor average of 44%.
Winter Dry Grades dipped below average with only 74% earning A and B grades.
Two of L.A. County’s chronic Beach Bummers returned to the list this year. Marina del Rey Mother’s Beach and Santa Monica Pier have unfortunately kept their streak of poor water quality alive for another year.
L.A. County received 23 inches of rain, which is 143% above the historical average of 10 inches. L.A. County experienced the most dramatic increase in precipitation, and that unfortunately led to particularly poor Wet Weather Grades.
Los Angeles County experienced 95 sewage spills that added up to 330,396 gallons, which is far less than the 20 million gallons spilled the previous year. Mother’s Beach was closed for several days due to a 64,000 gallon spill in January.
VENTURA COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 31 97% 5 56% 18 47%
B 1 3% 1 11% 2 5%
C 0 0% 1 11% 2 5%
D 0 0% 1 11% 6 16%
F 0 0% 1 11% 10 26%
A+B 32 100% 6 67% 20 53%
C,D,F 0 0% 3 33% 18 47%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 38 99% 12 91% 23 77%
B 0 0% 1 4% 2 5%
C 0 1% 0 3% 2 5%
D 0 0% 0 1% 0 1%
F 0 0% 0 0% 3 11%
A+B 38 99% 13 96% 24 82%
C,D,F 0 1% 1 4% 5 18%
LOS ANGELES COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 67 81% 28 61% 17 22%
B 11 13% 6 13% 7 9%
C 2 2% 3 7% 8 10%
D 1 1% 3 7% 11 14%
F 2 2% 6 13% 36 46%
A+B 78 94% 34 74% 24 30%
C,D,F 5 6% 12 26% 55 70%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 78 85% 66 75% 33 34%
B 7 8% 9 11% 10 11%
C 3 4% 6 7% 7 7%
D 2 2% 2 2% 8 8%
F 1 2% 4 5% 40 40%
A+B 85 92% 76 86% 43 44%
C,D,F 7 8% 13 14% 54 56%
10.A.b
Packet Pg. 227 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 30 HEAL THE BAY // 2022–2023
II WEST COAST SUMMARY CALIFORNIA COUNTY SUMMARIES
Orange County
Summer Dry Grades surpassed the average with 98% of the beaches receiving A and B grades.
Wet Weather Grades were also better than average with 63% of the beaches receiving A and B grades.
Winter Dry Grades were stellar with 94% of the beaches receiving A and B grades.
Poche Beach returns to the Beach Bummer list after a brief two year hiatus. This beach has now earned Beach Bummer status four times in the last 10 years.
Orange County received 19 inches of rain, which is 116% higher than the historical average of 9 inches. However, the very large increase in rainfall did not appear to have a negative impact on Wet Weather Grades.
A total of 28,845 gallons of sewage were spilled into Orange County Waterways in 2022–2023. In March 2023, Doheny State Beach near San Juan Creek was closed for several days after a 4,000 gallon sewage spill close to the beach.
Newport Harbor / Orange County
ORANGE COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 123 94% 44 85% 63 53%
B 6 5% 5 10% 13 11%
C 1 1% 1 2% 10 8%
D 0 0% 0 0% 3 3%
F 1 1% 2 4% 31 26%
A+B 129 98% 49 94% 76 63%
C,D,F 2 2% 3 6% 44 37%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 113 92% 106 88% 54 47%
B 6 5% 8 6% 11 10%
C 2 2% 3 3% 7 6%
D 1 0% 1 1% 8 7%
F 1 1% 2 2% 34 30%
A+B 119 97% 113 94% 65 57%
C,D,F 4 3% 7 6% 49 43%
10.A.b
Packet Pg. 228 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 31 HEAL THE BAY // 2022–2023
II WEST COAST SUMMARY CALIFORNIA COUNTY SUMMARIES
San Diego County
In May 2022, San Diego County began using a new bacteria testing method at the beaches it manages (approximately 33% of all the beaches in the county). This new method uses a type of polymerase chain reaction (PCR) to measure bacterial genetic material in the water. Unfortunately, PCR data is not compatible with our grading methodology, which was
designed to use data generated by culturing bacteria. Heal the Bay has been a proponent of using PCR-based methods because they yield results faster and more accurately than culture methods. Heal the Bay is currently exploring ways to incorporate this new PCR data into the Beach Report Card.
In order to provide some information on water quality at San Diego beaches, we decided to analyze how frequently beaches monitored by San Diego County exceeded
standards approved by the State of California. We found that beaches monitored using PCR exceeded standards in 50%-
76% of the samples collected. Previously, these beaches exceeded standards in 5%–10% of samples analyzed using
cultured bacteria methods. We do not have evidence that these beaches are more heavily polluted, rather, we think the major discrepancy in bacterial exceedances is due to the high sensitivity of the new PCR method. We urge San Diego County to collect bacteria using culture methods until this discrepancy can be rectified.
We were still able to grade most of San Diego County’s beaches.
And among those beaches, Summer Dry Grades were good and slightly higher than average with 95% of the beaches receiving A and B grades.
Wet Weather Grades were poor and below average with only 63% of the beaches receiving A and B grades.
Winter Dry Grades were below average with 74% of beaches receiving A and B grades.
The Tijuana River Mouth ended up on the Beach Bummer list this year. Millions of gallons of untreated sewage regularly flow into the ocean via the Tijuana River. San Diego County was also home to one of two Honor Roll beaches: Point Loma Lighthouse.
San Diego County received 14 inches of rain last year, which is 59% higher than the historical average of 9 inches. This increase in rainfall may account for the below average Wet Weather Grades.
Ten million gallons of sewage spilled into San Diego Bay near Tidelands Park, Spanish Landing, and Shelter Island, resulting in closures for those beaches. This one spill comprised nearly all the sewage spilled into San Diego County waterways in 2022–2023.
SAN DIEGO COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 36 84% 14 74% 30 56%
B 5 12% 0 0% 4 7%
C 1 2% 1 5% 3 6%
D 0 0% 1 5% 2 4%
F 1 2% 3 16% 15 28%
A+B 41 95% 14 74% 34 63%
C,D,F 2 5% 5 26% 20 37%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 64 86% 44 82% 45 70%
B 6 8% 4 8% 6 10%
C 3 4% 2 3% 2 3%
D 1 1% 2 3% 3 4%
F 1 1% 2 3% 8 13%
A+B 69 94% 48 91% 51 79%
C,D,F 4 6% 5 9% 13 21%
SAN DIEGO ENTEROCOCCUS EXCEEDANCE RATES
USING TWO DIFFERENT METHODS
10.A.b
Packet Pg. 229 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 32 HEAL THE BAY // 2022–2023
OREGON COUNTY SUMMARIES
II WEST COAST SUMMARY
Note: All averages below refer to the five-year-average unless otherwise indicated.
Oregon’s Department of Environmental Quality monitors water quality at ocean beaches between Memorial Day and Labor Day and tests for one fecal indicator bacteria, Enterococcus. This is in contrast to California, which requires three indicator bacteria to be tested from April 1 to October 31 every year. Funding for ocean beach monitoring in Oregon comes entirely from the U.S. Environmental Protection Agency’s (EPA) Beaches Environmental Assessment and Coastal Health Act (BEACH Act).
Most years, we are unable to grade the majority of Oregon beaches due to a lack of sampling. Our methodology requires that beaches must be sampled for at least 75% of the weeks in their summer season — defined as Memorial Day through Labor Day. We encourage the State of Oregon to provide
additional funding for increased ocean water quality monitoring to meet this minimum requirement and be more protective of public health. No Oregon beaches were monitored frequently enough to receive a Summer Dry Grade, and no beaches were monitored during the winter months. Only six counties received Wet Weather grades, and only 61% of the beaches received A and B grades, which is lower than the state’s historical average of 73%. This is the second straight year we have not been able to issue Summer Dry grades, which is a major disappointment.
We urge Oregon officials to devote more resources to beach monitoring because people deserve to know when and where they might be exposed to sewage pollution.
Seaside Beach / Clatsop County
10.A.b
Packet Pg. 230 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 33 HEAL THE BAY // 2022–2023
II WEST COAST SUMMARY OREGON COUNTY SUMMARIES
OREGON
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A NO DATA NO DATA NO DATA NO DATA 38 59%
B NO DATA NO DATA NO DATA NO DATA 1 2%
C NO DATA NO DATA NO DATA NO DATA 7 11%
D NO DATA NO DATA NO DATA NO DATA 9 14%
F NO DATA NO DATA NO DATA NO DATA 9 14%
A+B NO DATA NO DATA NO DATA NO DATA 39 61%
C,D,F NO DATA NO DATA NO DATA NO DATA 25 39%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 6 92% NO DATA NO DATA 12 66%
B 0 0% NO DATA NO DATA 1 8%
C 0 0% NO DATA NO DATA 1 7%
D 0 4% NO DATA NO DATA 1 4%
F 0 4% NO DATA NO DATA 3 16%
A+B 6 92% NO DATA NO DATA 13 73%
C,D,F 1 8% NO DATA NO DATA 5 27%
CLATSOP COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A NO DATA NO DATA NO DATA NO DATA 7 70%
B NO DATA NO DATA NO DATA NO DATA 0 0%
C NO DATA NO DATA NO DATA NO DATA 1 10%
D NO DATA NO DATA NO DATA NO DATA 1 10%
F NO DATA NO DATA NO DATA NO DATA 1 10%
A+B NO DATA NO DATA NO DATA NO DATA 7 70%
C,D,F NO DATA NO DATA NO DATA NO DATA 3 30%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 2 100% NO DATA NO DATA 2 58%
B 0 0% NO DATA NO DATA 0 5%
C 0 0% NO DATA NO DATA 0 5%
D 0 0% NO DATA NO DATA 0 5%
F 0 0% NO DATA NO DATA 1 26%
A+B 2 100% NO DATA NO DATA 2 63%
C,D,F 0 0% NO DATA NO DATA 1 37%
COOS COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A NO DATA NO DATA NO DATA NO DATA 8 89%
B NO DATA NO DATA NO DATA NO DATA 0 0%
C NO DATA NO DATA NO DATA NO DATA 1 11%
D NO DATA NO DATA NO DATA NO DATA 0 0%
F NO DATA NO DATA NO DATA NO DATA 0 0%
A+B NO DATA NO DATA NO DATA NO DATA 8 89%
C,D,F NO DATA NO DATA NO DATA NO DATA 1 11%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 1 100% NO DATA NO DATA 1 43%
B 0 0% NO DATA NO DATA 1 29%
C 0 0% NO DATA NO DATA 0 7%
D 0 0% NO DATA NO DATA 0 7%
F 0 0% NO DATA NO DATA 0 14%
A+B 1 100% NO DATA NO DATA 2 71%
C,D,F 0 0% NO DATA NO DATA 1 29%
LINCOLN COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A NO DATA NO DATA NO DATA NO DATA 12 60%
B NO DATA NO DATA NO DATA NO DATA 0 0%
C NO DATA NO DATA NO DATA NO DATA 2 10%
D NO DATA NO DATA NO DATA NO DATA 3 15%
F NO DATA NO DATA NO DATA NO DATA 3 15%
A+B NO DATA NO DATA NO DATA NO DATA 12 60%
C,D,F NO DATA NO DATA NO DATA NO DATA 8 40%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 2 82% NO DATA NO DATA 5 76%
B 0 0% NO DATA NO DATA 0 6%
C 0 0% NO DATA NO DATA 1 9%
D 0 9% NO DATA NO DATA 0 6%
F 0 9% NO DATA NO DATA 0 3%
A+B 2 82% NO DATA NO DATA 5 82%
C,D,F 1 18% NO DATA NO DATA 1 18%
10.A.b
Packet Pg. 231 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 34 HEAL THE BAY // 2022–2023
Seaside / Clatsop County
II WEST COAST SUMMARY OREGON COUNTY SUMMARIES
Heceta Head Lighthouse / Lane County / photo: Rick Obst
LANE COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A NO DATA NO DATA NO DATA NO DATA 2 50%
B NO DATA NO DATA NO DATA NO DATA 0 0%
C NO DATA NO DATA NO DATA NO DATA 2 50%
D NO DATA NO DATA NO DATA NO DATA 0 0%
F NO DATA NO DATA NO DATA NO DATA 0 0%
A+B NO DATA NO DATA NO DATA NO DATA 2 50%
C,D,F NO DATA NO DATA NO DATA NO DATA 2 50%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A NO DATA NO DATA NO DATA NO DATA 1 57%
B NO DATA NO DATA NO DATA NO DATA 0 0%
C NO DATA NO DATA NO DATA NO DATA 0 0%
D NO DATA NO DATA NO DATA NO DATA 0 0%
F NO DATA NO DATA NO DATA NO DATA 1 43%
A+B NO DATA NO DATA NO DATA NO DATA 1 57%
C,D,F NO DATA NO DATA NO DATA NO DATA 1 43%
CURRY COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A NO DATA NO DATA NO DATA NO DATA 0 0%
B NO DATA NO DATA NO DATA NO DATA 0 0%
C NO DATA NO DATA NO DATA NO DATA 0 0%
D NO DATA NO DATA NO DATA NO DATA 0 0%
F NO DATA NO DATA NO DATA NO DATA 3 100%
A+B NO DATA NO DATA NO DATA NO DATA 0 0%
C,D,F NO DATA NO DATA NO DATA NO DATA 3 100%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A NO DATA NO DATA NO DATA NO DATA 0 25%
B NO DATA NO DATA NO DATA NO DATA 0 0%
C NO DATA NO DATA NO DATA NO DATA 0 0%
D NO DATA NO DATA NO DATA NO DATA 0 0%
F NO DATA NO DATA NO DATA NO DATA 1 75%
A+B NO DATA NO DATA NO DATA NO DATA 0 25%
C,D,F NO DATA NO DATA NO DATA NO DATA 1 75%
TILLAMOOK COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A NO DATA NO DATA NO DATA NO DATA 9 53%
B NO DATA NO DATA NO DATA NO DATA 1 6%
C NO DATA NO DATA NO DATA NO DATA 1 6%
D NO DATA NO DATA NO DATA NO DATA 4 24%
F NO DATA NO DATA NO DATA NO DATA 2 12%
A+B NO DATA NO DATA NO DATA NO DATA 10 59%
C,D,F NO DATA NO DATA NO DATA NO DATA 7 41%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 1 100% NO DATA NO DATA 2 92%
B 0 0% NO DATA NO DATA 0 0%
C 0 0% NO DATA NO DATA 0 8%
D 0 0% NO DATA NO DATA 0 0%
F 0 0% NO DATA NO DATA 0 0%
A+B 1 100% NO DATA NO DATA 2 92%
C,D,F 0 0% NO DATA NO DATA 0 8%
10.A.b
Packet Pg. 232 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 35 HEAL THE BAY // 2022–2023
WASHINGTON COUNTY
SUMMARIES
II WEST COAST SUMMARY
Note: All averages below refer to the five-year-average unless otherwise indicated.
Washington’s Department of Ecology monitors water quality at ocean beaches between Memorial Day and Labor Day and tests for one fecal indicator bacteria, Enterococcus. This is in contrast to California, which requires three indicator bacteria to be tested from April 1 to October 31 every year. Approximately 80% of the funding for ocean beach monitoring in the State comes from the BEACH Act, and the remaining 20% of funding comes from the U.S. EPA’s National Estuary Program’s Pathogen Prevention, Reduction, and Control Grant.
The Makah Tribe in Clallam County also conducts beach monitoring through separate BEACH Program Tribal funding. Unlike the rest of the state, the Makah Tribe monitors beaches on a weekly basis. We commend the Makah Tribe for their robust monitoring, and we call on the Washington Department of Ecology to increase monitoring across the rest of the state.
Summer Dry Grades were excellent with 98% of the beaches receiving A and B grades, which is above the average of 93%.
Wet Weather Grades were equally outstanding and above
average with 97% of beaches receiving A and B grades.
The Makah Tribe is the only entity that monitors beaches in the winter months so Makah monitored beaches are usually the only ones to receive Winter Dry Grades. Unfortunately, we were not able to obtain Makah Tribe winter monitoring data in time to create this report so we do not have any Winter Dry Grades to report. We hope to resolve this issue in the future.
Point No Point Beach / Kitsap County
WASHINGTON
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 111 94% NO DATA NO DATA 166 97%
B 5 4% NO DATA NO DATA 1 1%
C 2 2% NO DATA NO DATA 2 1%
D 0 0% NO DATA NO DATA 2 1%
F 0 0% NO DATA NO DATA 1 1%
A+B 116 98% NO DATA NO DATA 167 97%
C,D,F 2 2% NO DATA NO DATA 5 3%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 137 90% NO DATA NO DATA 122 91%
B 5 3% NO DATA NO DATA 4 3%
C 4 3% NO DATA NO DATA 4 3%
D 4 2% NO DATA NO DATA 2 1%
F 4 2% NO DATA NO DATA 3 2%
A+B 142 93% NO DATA NO DATA 126 94%
C,D,F 11 7% NO DATA NO DATA 8 6%
10.A.b
Packet Pg. 233 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 36 HEAL THE BAY // 2022–2023
II WEST COAST SUMMARY WASHINGTON COUNTY SUMMARIES
SKAGIT COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 4 100% NO DATA NO DATA 4 100%
B 0 0% NO DATA NO DATA 0 0%
C 0 0% NO DATA NO DATA 0 0%
D 0 0% NO DATA NO DATA 0 0%
F 0 0% NO DATA NO DATA 0 0%
A+B 4 100% NO DATA NO DATA 4 100%
C,D,F 0 0% NO DATA NO DATA 0 0%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 2 92% NO DATA NO DATA 2 73%
B 0 0% NO DATA NO DATA 0 7%
C 0 8% NO DATA NO DATA 0 0%
D 0 0% NO DATA NO DATA 0 0%
F 0 0% NO DATA NO DATA 1 20%
A+B 2 92% NO DATA NO DATA 2 80%
C,D,F 0 8% NO DATA NO DATA 1 20%
KITSAP COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 27 100% NO DATA NO DATA 30 100%
B 0 0% NO DATA NO DATA 0 0%
C 0 0% NO DATA NO DATA 0 0%
D 0 0% NO DATA NO DATA 0 0%
F 0 0% NO DATA NO DATA 0 0%
A+B 27 100% NO DATA NO DATA 30 100%
C,D,F 0 0% NO DATA NO DATA 0 0%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 31 92% NO DATA NO DATA 30 89%
B 1 3% NO DATA NO DATA 1 4%
C 0 1% NO DATA NO DATA 1 3%
D 1 4% NO DATA NO DATA 1 3%
F 0 0% NO DATA NO DATA 0 1%
A+B 32 95% NO DATA NO DATA 31 93%
C,D,F 2 5% NO DATA NO DATA 2 7%
CLALLAM COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 8 100% NO DATA NO DATA 9 100%
B 0 0% NO DATA NO DATA 0 0%
C 0 0% NO DATA NO DATA 0 0%
D 0 0% NO DATA NO DATA 0 0%
F 0 0% NO DATA NO DATA 0 0%
A+B 8 100% NO DATA NO DATA 9 100%
C,D,F 0 0% NO DATA NO DATA 0 0%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 10 93% 8 100% 13 93%
B 1 6% 0 0% 1 7%
C 0 2% 0 0% 0 0%
D 0 0% 0 0% 0 0%
F 0 0% 0 0% 0 0%
A+B 11 98% 8 100% 14 100%
C,D,F 0 2% 0 0% 0 0%
SNOHOMISH COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 10 91% NO DATA NO DATA 21 100%
B 1 9% NO DATA NO DATA 0 0%
C 0 0% NO DATA NO DATA 0 0%
D 0 0% NO DATA NO DATA 0 0%
F 0 0% NO DATA NO DATA 0 0%
A+B 11 100% NO DATA NO DATA 21 100%
C,D,F 0 0% NO DATA NO DATA 0 0%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 14 95% NO DATA NO DATA 15 92%
B 0 0% NO DATA NO DATA 1 3%
C 0 3% NO DATA NO DATA 0 2%
D 0 1% NO DATA NO DATA 1 3%
F 0 1% NO DATA NO DATA 0 0%
A+B 14 95% NO DATA NO DATA 15 95%
C,D,F 1 5% NO DATA NO DATA 1 5%
10.A.b
Packet Pg. 234 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 37 HEAL THE BAY // 2022–2023
II WEST COAST SUMMARY WASHINGTON COUNTY SUMMARIES
WHATCOM COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 3 100% NO DATA NO DATA 9 75%
B 0 0% NO DATA NO DATA 0 0%
C 0 0% NO DATA NO DATA 2 17%
D 0 0% NO DATA NO DATA 0 0%
F 0 0% NO DATA NO DATA 1 8%
A+B 3 100% NO DATA NO DATA 9 75%
C,D,F 0 0% NO DATA NO DATA 3 25%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 2 42% NO DATA NO DATA 6 79%
B 1 13% NO DATA NO DATA 0 3%
C 1 13% NO DATA NO DATA 0 5%
D 0 8% NO DATA NO DATA 0 3%
F 1 25% NO DATA NO DATA 1 10%
A+B 3 54% NO DATA NO DATA 6 82%
C,D,F 2 46% NO DATA NO DATA 1 18%
ISLAND COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 3 60% NO DATA NO DATA 9 100%
B 2 40% NO DATA NO DATA 0 0%
C 0 0% NO DATA NO DATA 0 0%
D 0 0% NO DATA NO DATA 0 0%
F 0 0% NO DATA NO DATA 0 0%
A+B 5 100% NO DATA NO DATA 9 100%
C,D,F 0 0% NO DATA NO DATA 0 0%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 6 71% NO DATA NO DATA 8 92%
B 1 12% NO DATA NO DATA 0 3%
C 1 7% NO DATA NO DATA 0 3%
D 0 2% NO DATA NO DATA 0 0%
F 1 7% NO DATA NO DATA 0 3%
A+B 7 83% NO DATA NO DATA 9 94%
C,D,F 1 17% NO DATA NO DATA 1 6%
KING COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 9 100% NO DATA NO DATA 29 97%
B 0 0% NO DATA NO DATA 0 0%
C 0 0% NO DATA NO DATA 0 0%
D 0 0% NO DATA NO DATA 1 3%
F 0 0% NO DATA NO DATA 0 0%
A+B 9 100% NO DATA NO DATA 29 97%
C,D,F 0 0% NO DATA NO DATA 1 3%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 21 91% NO DATA NO DATA 27 93%
B 1 3% NO DATA NO DATA 1 3%
C 0 2% NO DATA NO DATA 1 3%
D 0 2% NO DATA NO DATA 0 1%
F 1 3% NO DATA NO DATA 0 0%
A+B 21 94% NO DATA NO DATA 28 96%
C,D,F 1 6% NO DATA NO DATA 1 4%
JEFFERSON COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 12 100% NO DATA NO DATA 12 100%
B 0 0% NO DATA NO DATA 0 0%
C 0 0% NO DATA NO DATA 0 0%
D 0 0% NO DATA NO DATA 0 0%
F 0 0% NO DATA NO DATA 0 0%
A+B 12 100% NO DATA NO DATA 12 100%
C,D,F 0 0% NO DATA NO DATA 0 0%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 5 73% NO DATA NO DATA 7 93%
B 0 6% NO DATA NO DATA 0 0%
C 0 6% NO DATA NO DATA 1 7%
D 1 9% NO DATA NO DATA 0 0%
F 0 6% NO DATA NO DATA 0 0%
A+B 5 79% NO DATA NO DATA 7 93%
C,D,F 1 21% NO DATA NO DATA 1 7%
10.A.b
Packet Pg. 235 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 38 HEAL THE BAY // 2022–2023
II WEST COAST SUMMARY WASHINGTON COUNTY SUMMARIES
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 25 98% NO DATA NO DATA 14 90%
B 0 0% NO DATA NO DATA 0 3%
C 0 1% NO DATA NO DATA 1 5%
D 0 1% NO DATA NO DATA 0 1%
F 0 0% NO DATA NO DATA 0 1%
A+B 25 98% NO DATA NO DATA 15 93%
C,D,F 0 2% NO DATA NO DATA 1 8%
PIERCE COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 17 94% NO DATA NO DATA 19 90%
B 1 6% NO DATA NO DATA 1 5%
C 0 0% NO DATA NO DATA 0 0%
D 0 0% NO DATA NO DATA 1 5%
F 0 0% NO DATA NO DATA 0 0%
A+B 18 100% NO DATA NO DATA 20 95%
C,D,F 0 0% NO DATA NO DATA 1 5%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 2 80% NO DATA NO DATA 2 100%
B 0 0% NO DATA NO DATA 0 0%
C 0 0% NO DATA NO DATA 0 0%
D 0 0% NO DATA NO DATA 0 0%
F 1 20% NO DATA NO DATA 0 0%
A+B 2 80% NO DATA NO DATA 2 100%
C,D,F 1 20% NO DATA NO DATA 0 0%
THURSTON COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 3 100% NO DATA NO DATA 6 100%
B 0 0% NO DATA NO DATA 0 0%
C 0 0% NO DATA NO DATA 0 0%
D 0 0% NO DATA NO DATA 0 0%
F 0 0% NO DATA NO DATA 0 0%
A+B 3 100% NO DATA NO DATA 6 100%
C,D,F 0 0% NO DATA NO DATA 0 0%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 9 100% NO DATA NO DATA 9 100%
B 0 0% NO DATA NO DATA 0 0%
C 0 0% NO DATA NO DATA 0 0%
D 0 0% NO DATA NO DATA 0 0%
F 0 0% NO DATA NO DATA 0 0%
A+B 9 100% NO DATA NO DATA 9 100%
C,D,F 0 0% NO DATA NO DATA 0 0%
GRAY’S HARBOR COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 6 67% NO DATA NO DATA 9 100%
B 1 11% NO DATA NO DATA 0 0%
C 2 22% NO DATA NO DATA 0 0%
D 0 0% NO DATA NO DATA 0 0%
F 0 0% NO DATA NO DATA 0 0%
A+B 7 78% NO DATA NO DATA 9 100%
C,D,F 2 22% NO DATA NO DATA 0 0%
MASON COUNTY
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 9 100% NO DATA NO DATA 9 100%
B 0 0% NO DATA NO DATA 0 0%
C 0 0% NO DATA NO DATA 0 0%
D 0 0% NO DATA NO DATA 0 0%
F 0 0% NO DATA NO DATA 0 0%
A+B 9 100% NO DATA NO DATA 9 100%
C,D,F 0 0% NO DATA NO DATA 0 0%
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 8 89% NO DATA NO DATA 7 100%
B 0 2% NO DATA NO DATA 0 0%
C 1 9% NO DATA NO DATA 0 0%
D 0 0% NO DATA NO DATA 0 0%
F 0 0% NO DATA NO DATA 0 0%
A+B 8 91% NO DATA NO DATA 7 100%
C,D,F 1 9% NO DATA NO DATA 0 0%
10.A.b
Packet Pg. 236 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 39 HEAL THE BAY // 2022–2023
II WEST COAST SUMMARY
TIJUANA,MEXICO
SUMMARY
The Tijuana area has many beaches that are
important for recreation and tourism in a city of over
2 million people. We obtained weekly monitoring
data from the County of San Diego for three beaches
in the Tijuana area: Playa El Faro, Playa El Vigia, and Playa Blanca. During summer months when it’s dry,
El Vigia and El Faro received C grades while Playa
Blanca (the number one Beach Bummer) received an
F. The three Tijuana beaches received straight F’s for
all other grades, with the exception of El Faro, which
received a D for a Winter Dry grade.
These poor marks indicate a serious health risk to local beachgoers and spell trouble for the local tourism economy.
This stretch of coastline is heavily impacted by sewage pollution year-round, even during dry weather due to failing or insufficient sewage infrastructure. One major source of fecal contamination at Tijuana beaches is the Punta Bandera treatment plant located south of the city. This plant collects sewage from the city in several large ponds near the ocean, and periodically releases the untreated or partially treated sewage into the ocean.18 Prevailing ocean currents carry sewage pollution north to the Tijuana beaches as well as Imperial Beach. The USEPA is moving forward with plans to improve sewage infrastructure on both sides of the border that are expected to improve water quality in the area.19 However, the sewage infrastructure problems in the Tijuana River Watershed are complex and widespread so this should be seen as a first step.
18 https://wildcoast.org/wp-content/uploads/2019/08/Issue-Briefing-Tijuana-River-Pollution.pdf 19 https://www.epa.gov/sustainable-water-infrastructure/tijuana-river-watershed-nepaimplementation photo: Cesar Bojorquez
5 YEAR AVERAGE Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 0 0% NO DATA NO DATA NO DATA NO DATA
B 0 0% NO DATA NO DATA NO DATA NO DATA
C 0 0% NO DATA NO DATA NO DATA NO DATA
D 2 67% NO DATA NO DATA NO DATA NO DATA
F 1 33% NO DATA NO DATA NO DATA NO DATA
A+B 0 0% NO DATA NO DATA NO DATA NO DATA
C,D,F 3 100% NO DATA NO DATA NO DATA NO DATA
TIJUANA, MEXICO
2022–2023 Summer Dry Winter Dry Wet Weather
GRADE # % # % # %
A 0 0% 0 0% 0 0%
B 0 0% 0 0% 0 0%
C 2 67% 0 0% 0 0%
D 0 0% 1 33% 0 0%
F 1 33% 2 67% 3 100%
A+B 0 0% 0 0% 0 0%
C,D,F 3 100% 3 100% 3 100%
10.A.b
Packet Pg. 237 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 40 HEAL THE BAY // 2022–2023
BEACH NEWS
Mission Bay Park / San Diego County
10.A.b
Packet Pg. 238 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 41 HEAL THE BAY // 2022–2023
III BEACH NEWS
Efforts to Weaken Water Quality
Objectives
Heal the Bay has been at the forefront of ensuring water quality protections for visitors to West Coast beaches
since our founding. Our goals and motivations have
always been to protect the public and the environment
from the harmful impacts of sewage pollution. Heal the
Bay supported mandated beach monitoring through
AB 411 (Wayne, 1997); we have advocated for millions of dollars in investments for water quality improvements;
our Beach Report Card has spurred local action to
improve water quality; and most recently, we prompted
the state to define freshwater recreation sites and
develop guidance on monitoring them for fecal pollution through our sponsorship of AB 1066 (Bloom, 2021).
Alarmingly, we have observed an increase in the
number of attempts to loosen or rollback fecal pollution regulations in California. When waterways become
polluted with contaminants such as FIB, the USEPA holds the surrounding municipalities and pollution producing
facilities responsible for that pollution and requires
them to keep contaminants out of our waterways or
face penalties. Unfortunately, we have seen the entities responsible for pollution in our waterways try to weaken the standards they are held to in order to achieve
compliance more readily. Municipalities are claiming
with increased frequency that they are only responsible for fecal pollution originating from human bodies, which inappropriately disregards fecal pollution from indirect human activities such as pets, livestock, and certain
flocks of birds, which contribute fecal contamination to our watersheds as a result of human activity. Human
fecal waste does pose the largest health risk to humans, but research has shown that fecal matter from other
animals is also hazardous to human health.20 Heal
the Bay is adamantly against the efforts to circumvent
20https://www.sciencedirect.com/science/article/abs/pii/S2352352220300451 California’s water quality objectives, and we urge the
State Water Resources Control Board (SWRCB) to firmly
reassert that local governments and other pollution
dischargers are responsible for keeping all fecal matter originating from human activities out of the ocean and
waterways. Some recent efforts to weaken water quality
restrictions include:
• In September 2022, The SWRCB hosted the
California Bacteria Summit, which was co-hosted
by the California Stormwater Quality Association
(CASQA).21 CASQA is effectively a lobbying alliance
that represents the interests of the municipalities
responsible for keeping pollution out of the water.
The summit was comprehensive, but a significant
amount of time was spent discussing strategies
that would allow municipalities and pollution
dischargers to get off the hook for fecal pollution.
Heal the Bay and other groups boycotted
the Bacteria Summit because the organizers
failed to include many crucial stakeholders
in their discussion such as Indigenous and
environmental justice organizations. The SWRCB
did acknowledge this shortcoming and is in the
process of planning a second summit that will
include Indigenous, environmental justice, and
nonprofit organizations.
• Under the Clean Water Act of 1972, some polluted
waterbodies have limits on the amount of pollution
that can be discharged into them. These limits are
called Total Maximum Daily Loads (TMDL), and they
are defined as the maximum amount of pollution
that a waterbody can handle before people get
sick, aquatic life is harmed, or other beneficial uses
are impacted. A local government is usually given
20 to 30 years to achieve compliance with a TMDL.
San Diego County has numerous bacterial TMDLs
in place for its beaches, and the local government
agencies responsible for those TMDLs recently
sought an extension for the compliance deadline at
21 https://www.casqa.org/
10.A.b
Packet Pg. 239 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 42 HEAL THE BAY // 2022–2023
III BEACH NEWS
20 beaches. In addition to the extended deadline,
the responsible parties sought to adjust their
interim milestones to only include fecal matter from
human bodies, which is not health protective. San
Diego County municipalities have actually made
a lot of progress towards reaching the TMDLs
set for their beaches so we are confused and
disappointed as to why they are taking this strategy.
Keeping Our Ocean Safe and Clean
The good news about water quality at our beaches
is that we know how to reduce the most common
inputs of fecal pollution. A watershed-wide naturebased approach is our best bet for keeping our waters clean and safe in addition to sewage infrastructure
upgrades. Green infrastructure spaced throughout our
communities will provide cleaner water; green space
for communities to enjoy; and habitat for wildlife. Los Angeles County has created a model program for
improving coastal and inland water quality using a
multi-benefit approach. In 2018, Los Angeles County
voters set Measure W into law, which created the
Safe, Clean Water Program.22 This funding program
aims to increase local water supply, improve water
quality, and protect public health by focusing efforts on multi-benefit projects in communities that have been
identified as severely disadvantaged with regards
to access to green space and other socioeconomic
factors. Multi-benefit projects are an efficient and
effective use of our taxpayer dollars that serve both
community and environmental needs. Programs such
as this will be increasingly important for creating
local water supplies as climate whiplash and drought
conditions in California continue to worsen. The Los
Angeles County Board of Supervisors has approved $1
billion in stormwater investments for 144 projects under the Safe, Clean Water Program to date.
22https://safecleanwaterla.org/
Funding Shoreline Monitoring
Programs
The U.S. EPA’s Beaches Environmental Assessment and
Coastal Health Act23 (BEACH Act) was passed in 2000
and provides funding for recreational water quality
monitoring at ocean and Great Lakes beaches. Some
states, such as Oregon, rely solely on this funding to
sustain their monitoring program. Without the BEACH
Act funding, many states would abandon their beach
monitoring programs, which would be devastating
to public health. Millions of people could get sick
by unknowingly exposing themselves to poor water
quality. The economic cost would also be severe as
coastal recreation and tourism generates well over
$100 billion annually.24
Unfortunately, the amount of money Congress
allocates to the BEACH Act has not increased
significantly since it was adopted in 2000. The Federal Government must increase funding for the BEACH
Act so coastal states can keep their communities
and visitors safe and healthy. Surfrider Foundation
is leading the effort to increase federal spending for
water quality monitoring.25
We also urge states like Oregon to take local action to maintain a robust recreational water quality program
moving forward. California funds statewide beach
monitoring programs with BEACH Act resources as
well as Senate Bill 482 (SB 482, Kehoe 2011), which
funds two-thirds of the non-regulatory based shoreline
monitoring in the State. SB 482 allocation is overseen
by the State Water Resources Control Board (SWRCB).
However, the funds provided are not sufficient as there are many beaches that do not get monitored, and
many counties do not conduct monitoring year round.
23https://www.epa.gov/beach-tech/about-beach-act
24https://coast.noaa.gov/data/digitalcoast/pdf/econ-report.pdf 25https://www.surfrider.org/pages/support-clean-water-programs-in-epas-fy2023-budget
10.A.b
Packet Pg. 240 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 43 HEAL THE BAY // 2022–2023
III BEACH NEWS
NowCast Update
For the ninth summer, Heal the Bay is providing daily
water quality predictions for California beaches at
the Beach Report Card with NowCast website and
application. NowCast predicts concentrations of
bacteria in the water on a daily basis, thus providing
additional information to the public and filling in the time gaps of traditional bacteria sampling. To make
daily predictions, we use computer models to examine
correlations between environmental conditions (such
as temperature and tide) and historical bacteria
concentrations. Our NowCast models then predict with
a high accuracy how much bacteria is present in the
water given the current local conditions and are verified with sampling data. Visit beachreportcard.org26 to find daily summer predictions for 20 beaches in California.
The Beach Report Card with NowCast app is available
for free on iOS27 and Android28 devices.
Justice 40 Initiative
In 2022, the Biden Administration created the Justice
40 Initiative which will redirect up to 40% of certain
government funds to investments in disadvantaged
communities.29 This Initiative prompted the USEPA to
create a list of California beaches that are near working class communities with high proportions of residents
that identify as Black, Indigenous, Latinx, Asian, or
other people of color. Thus far, we do not know how
the list will be used by the USEPA, but it will potentially serve as a tool to prioritize water quality improvement projects and monitoring in the future. Heal the Bay is
sharing feedback and recommendations with USEPA
in order to ensure that beaches are accurately and
equitably prioritized based on demographics of actual
visitors, accessibility, amenities, water quality, and more. 26https://beachreportcard.org/
27 https://apps.apple.com/us/app/beach-report-card/id472446703 28https://play.google.com/store/apps/details?id=org.healthebay.brc&pli=1 29https://www.whitehouse.gov/environmentaljustice/justice40/ The Beach Report Card and Access to
Recreation
Recreation, whether it be at a park or a beach, is
vital to good quality of life and public health. While
we believe the Beach Report Card and River Report
Card programs are important tools for keeping water
recreators safe, we must acknowledge that the report
cards have, thus far, been limited in scope. Our report cards are only useful for individuals who have access
to recreation areas and folks who are comfortable
going in the water. Working class communities that are
majority Black, Indigenous, Latinx, Asian, and other
people of color experience many barriers when it
comes to accessing recreational spaces and activities.
These barriers include an inability to take time off from work; physical distance from recreation opportunities;
and a lack of exposure to certain types of recreation,
among many others. We believe it is an inherent right
for everyone to have access to recreation opportunities and spaces regardless of their identity, and therefore, we need to reduce and remove barriers to recreation.
We acknowledge that recreation justice has been a
major shortcoming in our work. Heal the Bay is
currently taking steps to expand the user base of our
Beach and River Report cards by working with
organizations that are taking down barriers to water
recreation for working class communities of color.
10.A.b
Packet Pg. 241 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 44 HEAL THE BAY // 2022–2023
For the last decade, Heal the Bay began teaming up
with organizations such as The Black Surfers
Collective,30 Surf Bus Foundation,31 Santa Monica
Conservancy,32 and Swim Up Hill33 to celebrate Nick
Gabaldón — a trailblazing surfer of African American
and Mexican American descent and the first
30http://www.blacksurferscollective.org/
31 https://www.surfbusfoundation.org/
32https://www.smconservancy.org/
33https://www.swimuphill.org/
III BEACH NEWS
documented surfer of color in Santa Monica Bay. Nick
Gabaldón Day introduces people young and old from
inland communities to the magic of the coast through
free surf and ocean safety lessons, beach ecology
exploration, and a history lesson about a man who
followed his passion and a community who challenged
anti-Black discrimination to enjoy the beach. Heal the
Bay will continue to celebrate Nick Gabaldón Day, and
we will continue to look for opportunities to expand
access to beach recreation.
Nick Gabaldón Day /
Santa Monica Beach
10.A.b
Packet Pg. 242 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 45 HEAL THE BAY // 2022–2023
IV APPENDICES
appendices 2022-2023
A // BEACH BUMMER HISTORY........................................................46 B // ALL GRADES BY COUNTY..........................................................48 C // FREQUENTLY ASKED QUESTIONS..........................................66 D // METHODOLOGY ...........................................................................68 E // ACKNOWLEDGEMENTS ..............................................................70 Emerald Bay, Catalina Island / Los Angeles County
10.A.b
Packet Pg. 243 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 46 HEAL THE BAY // 2022–2023
2012–2013 2013–2014 2014–2015 2015–2016
Avalon Catalina Island
LOS ANGELES COUNTY
Cowell Beach, west of the wharf
SANTA CRUZ COUNTY
Cowell Beach, west of the wharf
SANTA CRUZ COUNTY
Cowell Beach, west of the wharf
SANTA CRUZ COUNTY
Cowell Beach, west of the wharf
SANTA CRUZ COUNTY
Marina Lagoon,
Aquatic Park & Lakeshore Park
SAN MATEO COUNTY
Marina del Rey, Mother’s Beach,
between Lifeguard Tower and Boat dock
LOS ANGELES COUNTY
Clam Beach, at Strawberry Creek
HUMBOLDT COUNTY
Poche Beach
ORANGE COUNTY
Marina del Rey Mother’s Beach,
between Lifeguard Tower and Boat dock
LOS ANGELES COUNTY
Clam Beach, at Strawberry Creek
HUMBOLDT COUNTY
San Diego Bay Shelter Island, Shoreline
Beach Park
SAN DIEGO COUNTY
Cabrillo Beach Harborside
LOS ANGELES COUNTY
Cabrillo Beach Harborside l
LOS ANGELES COUNTY
Aquatic Park
SAN MATEO COUNTY
Monarch Beach, at Salt Creek
ORANGE COUNTY
Malibu Pier
LOS ANGELES COUNTY
Stillwater Cove
MONTEREY COUNTY
Mission Bay, Visitor’s Center at Clairemont Dr.
SAN DIEGO COUNTY
Santa Monica Pier
LOS ANGELES COUNTY
Marina Lagoon,
Aquatic Park & Lakeshore Park
SAN MATEO COUNTY
Clam Beach, at Strawberry Creek
HUMBOLDT COUNTY
Santa Monica Pier
LOS ANGELES COUNTY
Marina del Rey Mother’s Beach,
between Lifeguard Tower and Boat dock
LOS ANGELES COUNTY
Doheny State Beach, at San Juan Creek
ORANGE COUNTY
Santa Monica Pier
LOS ANGELES COUNTY
Candlestick Point, Sunnydale Cove
SAN FRANCISCO COUNTY
Redondo Municipal Pier, 100 yards south
LOS ANGELES COUNTY
Redondo Beach Pier
LOS ANGELES COUNTY
Pillar Point Harbor, at Westpoint Ave.
LOS ANGELES COUNTY
Stillwater Cove, at Beach and Tennis Club
MONTEREY COUNTY
Candlestick Point Sunnydale Cove
SAN FRANCISCO COUNTY
Windsurfer Circle
SAN FRANCISCO COUNTY
Capitola Beach, west of jetty l
SANTA CRUZ COUNTY
Cabrillo Beach Harborside
LOS ANGELES COUNTY
Pillar Point Harbor, end of Westpoint Ave.
SAN MATEO COUNTY
Tijuana River Mouth
SAN DIEGO COUNTY
Windsurfer Circle
SAN FRANCISCO COUNTY
Huntington State Beach, projection of
Brookhurst Street
ORANGE COUNTY
Pismo Beach Pier, 40 feet south of the pier
SAN LUIS OBISPO COUNTY
Last 10 Years Beach Bummers: 2012–2022
IV APPENDIX / A BEACH BUMMER HISTORY
F
Candlestick Point / San Francisco County
10.A.b
Packet Pg. 244 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 47 HEAL THE BAY // 2022–2023
2019–2020 2020–2021 2021–2022
Fitzgerald Marine Reserve, at San Vicente Creek Outlet
SAN MATEO COUNTY
Tijuana Slough NWRS, Tijuana River mouth
SAN DIEGO COUNTY
Playa Blanca
TIJUANA
Poche Beach, at Creek Outlet
ORANGE COUNTY
Erckenbrack Park, Foster City
SAN MATEO COUNTY
Erckenbrack Park, Foster City
SAN MATEO COUNTY
Pillar Point Harbor, at Capistrano Ave.
SAN MATEO COUNTY
Capitola Beach, west of jetty.
SANTA CRUZ COUNTY
Marlin Park, Foster City
SAN MATEO COUNTY
Erckenbrack Park, Foster City
SAN MATEO COUNTY
Gull Park, Foster City
SAN MATEO COUNTY
Santa Monica Pier
LOS ANGELES COUNTY
Topanga Beach, at Creek Outlet
LOS ANGELES COUNTY
Marina del Rey Mother’s Beach, between Lifeguard Tower
and Boat dock
LOS ANGELES COUNTY
Marina del Rey Mother’s Beach, at Lifeguard Tower
LOS ANGELES COUNTY
Pillar Point Harbor Beach
SAN MATEO COUNTY
Tijuana Slough NWRS, 3/4 miles north of Tijuana River
SAN DIEGO COUNTY
Moonstone County Park (Little River State Beach)
HUMBOLDT COUNTY
Linda Mar, at San Pedro Creek Outlet
SAN MATEO COUNTY
Clam Beach County Park, at Strawberry Creek
HUMBOLDT COUNTY
Newport Bay, Vaughns Launch
ORANGE COUNTY
Mission Bay, Vacation Isle North Cove
SAN DIEGO COUNTY
Marlin Park, Foster City
SAN MATEO COUNTY
Lakeshore Park, behind Rec Center
SAN MATEO COUNTY
San Clemente Pier
ORANGE COUNTY
Candlestick Point, Windsurfer Circle
SAN FRANCISCO COUNTY
Marina del Rey Mother’s Beach, between Lifeguard Tower
and Boat dock
LOS ANGELES COUNTY
Pillar Point Harbor, at Westpoint Ave.
SAN MATEO COUNTY
East Beach, at Mission Creek
SANTA BARBARA COUNTY
Tijuana Slough, north of Tijuana River
SAN DIEGO COUNTY
IV APPENDIX / A BEACH BUMMER HISTORY
2016–2017 2017–2018 2018–2019
Clam Beach, at Strawberry Creek
HUMBOLDT COUNTY
Poche Beach, at creek outlet
ORANGE COUNTY
San Clemente Pier
ORANGE COUNTY
San Clemente Pier
ORANGE COUNTY
Lakeshore Park, behind Rec Center
SAN MATEO COUNTY
Clam Beach, at Strawberry Creek
HUMBOLDT COUNTY
Cowell Beach, west of the wharf
SANTA CRUZ COUNTY
Linda Mar Beach, at San Pedro Creek
SAN MATEO COUNTY
Linda Mar Beach, at San Pedro Creek
SAN MATEO COUNTY
Newport Bay Abalone Avenue Beach
ORANGE COUNTY
Clam Beach, at Strawberry Creek
HUMBOLDT COUNTY
Long Beach City Beach, projection of Coronado Ave.
LOS ANGELESCOUNTY
Lakeshore Park, behind Rec Center
SAN MATEO COUNTY
Roosevelt Beach, south end of parking lot
SAN MATEO COUNTY
Cowell Beach, west of the wharf
SANTA CRUZ COUNTY
La Jolla Cove
SAN DIEGO COUNTY
Luffenholtz Beach, near Luffenholtz Creek
HUMBOLDT COUNTY
Monarch Beach, at Salt Creek
ORANGE COUNTY
Santa Monica Pier
LOS ANGELES COUNTY
Santa Monica Pier
LOS ANGELES COUNTY
Marina del Rey, Mother’s Beach,
between Lifeguard Tower and Boat dock
LOS ANGELES COUNTY
Capitola Beach, west of jetty
SANTA CRUZ COUNTY
Cowell Beach, west of the wharf
SANTA CRUZ COUNTY
Cabrillo Beach Harborside
LOS ANGELES COUNTY
Luffenholtz Beach, near Luffenholtz Creek
HUMBOLDT COUNTY
Cabrillo Beach Harborside
LOS ANGELES COUNTY
Keller Beach South Beach
CONTRA COSTA COUNTY
Marina del Rey Mother’s Beach,
between Lifeguard Tower and Boat dock
LOS ANGELES COUNTY
Surfer’s Beach, southend of riprap
SAN MATEO COUNTY
Aquatic Park
SAN MATEO COUNTY
F
10.A.b
Packet Pg. 245 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 48 HEAL THE BAY // 2022–2023
Summer Dry
Grade
Winter Dry
Grade
Wet Weather
Grade
ALAMEDA COUNTY
Crown Beach, at Bath House A A
Crown Beach, at Windsurfer Corner A+ A
Crown Beach, at Sunset Rd. A+ A
Crown Beach, at 2001 Shoreline Dr. A B
Crown Beach, at Bird Sanctuary A F
Crown Beach, Crab Cove B F
CONTRA COSTA COUNTY
Keller Beach, North Beach A A+
Keller Beach, South Beach A A
DEL NORTE COUNTY
Crescent City, Battery Point Lighthouse A+ B
HUMBOLDT COUNTY
Trinidad State Beach, at Mill Creek A C
Luffenholtz Beach, at Luffenholtz Creek D D
Moonstone County Park C B
Clam Beach County Park, at Strawberry Creek F B
Mad River Mouth A+ A
LOS ANGELES COUNTY
Long Beach City Beach, at 55th Place A C
Long Beach City Beach, at 72nd Place A D
Alamitos Bay, at shore float A+ F
Long Beach Mothers' Beach, north A F
Colorado Lagoon, south A F
Colorado Lagoon, north A F
Alamitos Bay, at 56th Place on bayside A+ F
Long Beach City Beach, at 5th Place A A F
Long Beach City Beach, at 10th Place A A F
Long Beach City Beach, at Molino Av. B B F
Long Beach City Beach, at Granada Av. B D
Alamitos Bay, at 2nd St. Bridge and Bayshore A F
Long Beach City Beach, at Coronado Ave. B A F
Belmont Pier, west side B A F
Long Beach City Beach, at Prospect Ave. C D
Cabrillo Beach, harborside at boat launch A B D
Cabrillo Beach, harborside at restrooms B C D
Malibu Pier, 50 yards east of pier A+ A+
Malibu Point A A+
Santa Monica Beach, at Strand St. A+ D
Venice City Beach, at Brooks Ave. drain A+ A+
Venice Beach, 50 yards south of Fishing Pier A+ B
Venice Beach, at Topsail St. A F
Marina del Rey Mothers' Beach, at playground B F F
Marina del Rey Mothers' Beach, between Lifeguard Tower and Boat dock F F F Dockweiler State Beach, at World Way A+ A+
Hyperion Treatment Plant, at One Mile Outfall A+ B
Dockweiler State Beach, at Grand Ave. A+ F
Hermosa City Beach, at 26th Street A+ A+
IV APPENDIX / B CALIFORNIA GRADES BY COUNTY
(CONTINUED)
10.A.b
Packet Pg. 246 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 49 HEAL THE BAY // 2022–2023
Redondo State Beach, at Topaz Street A+D
Avalon Beach, 50 feet east of the Green Pleasure PierA
Avalon Beach, 50 feet west of the Green Pleasure PierA
Avalon Beach, 100 feet west of the Green Pleasure PierA Avalon Beach, east of the Casino Arch at the stepsA
Manhattan Beach, at 28th StreetACF
Herondo Street (Redondo Breakwater)AAF
Rancho Palos Verdes, Long PointAAA
Rancho Palos Verdes, Abalone Cove Shoreline Park A+ A+A Rancho Palos Verdes, Portuguese Bend CoveA A+B
Royal Palms State BeachAAA
Cabrillo Beach, ocean side A A+A
Palos Verdes Estates, at Palos Verdes CoveAAA
Palos Verdes Estates, at Malaga Cove rocksABC
Surfrider Beach, at lagoon breachADF
Dockweiler State Beach, at Culver Blvd.A A+F
Manhattan State Beach, at 40th StreetAAB
Hermosa Beach Pier, 50 yards south of pierBAC
Palos Verdes Estates, at Malaga Cove trail outletABC
Topanga Beach, at creek mouthBDF
Marina del Rey Mothers' Beach, at lifeguard towerDFF
Leo Carrillo Beach, at Arroyo Sequit Creek A+ A+
Dan Blocker County Beach, at Solstice Canyon A+AB
Puerco State Beach, at creek mouth A+C
Marie Canyon storm drain, at Puerco BeachACF
Carbon Beach, at Sweetwater Canyon A+ A+D
Las Flores State Beach, at Las Flores Creek A+ A+F
Las Tunas County Beach, at Pena Creek A+ A+F
Tuna Canyon A+
Broad Beach, at Trancas Creek A A+
Zuma Beach, at Zuma Creek A+ A+
Walnut Creek Outlet, at Wildlife Road A+AF
Paradise Cove Pier, at Ramirez Canyon Creek A+F
Escondido State Beach, at Escondido Creek A+DD
Latigo Canyon Creek mouthA A+
Castle Rock Beach, at storm drainBAF
Dockweiler State Beach, at North Weschester storm drain A+AD Dockweiler State Beach, at Imperial Highway storm drain A+AD Will Rogers State Beach, at Pulga Canyon storm drain A+ A+F Will Rogers State Beach, Bel Air Bay Club A A+
Will Rogers State Beach, at Temescal CanyonA A+
Will Rogers State Beach, at Santa Monica CanyonAFF
Santa Monica Beach, at Montana Ave. A+B
Santa Monica Beach, at Wilshire Blvd.AF
Santa Monica PierFFF
Santa Monica Beach, at Pico-Kenter storm drainAFF
Ocean Park Beach, at Ashland Ave. storm drainAAF
Venice Beach, at Rose Ave. A+AF
IV APPENDIX / B CALIFORNIA GRADES BY COUNTY
(CONTINUED)
10.A.b
Packet Pg. 247 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 50 HEAL THE BAY // 2022–2023
Venice Beach, at Windward Ave. AAF
Nicholas Beach, at San Nicholas Canyon Creek A+
Manhattan Beach PierBAC
Redondo Beach Pier, 100 yards south of pierCBF
Redondo State Beach, at Sapphire StreetBBB
Torrance Beach, at Avenue I storm drainAAC
Dockweiler State Beach, at Ballona Creek mouthAC
MARIN COUNTY
Dillon Beach A+ A+
Millerton Point A+ A+
Drakes BeachA A+
Drakes Estero A+ A+
Bolinas Beach, at Wharf Rd.A A+
Stinson Beach, North A+ A+
Stinson Beach, Central A+ A+
Stinson Beach, South A+ A+
Lawson's LandingAC
Muir Beach, North A+ A+
Muir Beach, Central A+ A+
Muir Beach, South A+ A+
Rodeo Beach, North A+ A+
Rodeo Beach, Central A+ A+
Rodeo Beach, South A+ A+
Baker Beach, Horseshoe Cove South West A+ A+
Baker Beach, Horseshoe Cove North WestA A+
Baker Beach, Horseshoe Cove North EastAA
Schoonmaker Beach A+ A+
Miller ParkA A+
Paradise Cove A+ A+
China CampA A+
McNears BeachA A+
Heart's DesireA A+
Shell Beach A+ A+
Chicken Ranch Beach, at Creek mouthA A+
MENDOCINO COUNTY
Pudding Creek OutletBA
Hare CreekA A+
Caspar Beach, at Caspar Creek A+ A+
Big River at PCH A+ A+
Van Damme State Park, at Little RiverA A+
MONTEREY COUNTY
San Carlos Beach, at San Carlos Beach ParkA A+
Lover's Point Park, at 16th StreetA A+
Asilomar State Beach, at Arena Av.A A+
Spanish Bay (Moss Beach), at 17 mile drive A+ A+
Stillwater Cove, at Beach and Tennis Club A+F
Carmel City Beach, at Ocean Ave.A A+
IV APPENDIX / B CALIFORNIA GRADES BY COUNTY
10.A.b
Packet Pg. 248 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 51 HEAL THE BAY // 2022–2023
ORANGE COUNTY
Dana Point Harbor Fuel Dock A+ A+
Dana Point Harbor PierA A+
Dana Point Harbor Baby Beach, West EndAC
Dana Point Harbor Baby Beach, Buoy LineA A+
Dana Point Harbor Baby Beach, Swim AreaA A+
Dana Point Harbor Baby Beach, East EndA A+
Dana Point Harbor, Pilgrim DockA A+
Dana Point Harbor Youth Dock A+ A+
Huntington Harbor, 11th Street Beach A+F
Huntington Harbour, Anaheim Bay-Gas Dock A+ A+
Huntington Harbor, Humboldt BeachAF
Huntington Harbor, Seagate Lagoon A+C
Huntington Harbour, Admiralty Drive Beach A+F
Huntington Harbor, Trinidad Lane BeachAF
Huntington Harbour, Channel BeachAF
Huntington Harbor, Mothers Beach-Orange CountyAF
Huntington Harbor, Coral Cay Beach A+F
Newport Bay, Park Avenue Beach A+C A+
Newport Bay, Onyx Avenue BeachA A+
Newport Bay, Ruby Avenue Beach A+ A+
Newport Bay, Bayshore BeachB A+
Newport Bay, Via Genoa BeachA A+
Newport Bay, 43rd Street BeachB A+
Newport Bay, 38th Street Beach A+ A+
Newport Bay, 33rd Street BeachABB
Newport Bay, Rhine Channel BeachA A+
Newport Bay, 19th Street BeachA A+
Newport Bay, 15th Street BeachA A+
Newport Bay, 10th Street BeachA A+
Newport Bay, Alvarado/Bay Isle BeachA A+
Newport Bay, Sapphire Avenue BeachA A+
Newport Bay, Abalone Avenue BeachB A+
Newport Bay, N Street BeachA A+
Newport Bay, Newport Dunes-EastAB A+
Newport Bay, Newport Dunes-MiddleA A+
Newport Bay, Newport Dunes-NorthAB A+
Newport Bay, Newport Dunes-WestA A+
Newport Bay, North Star BeachA A+
Newport Bay, Promontory Point A+ A+
Newport Bay, De Anza Beach A+ A+
Newport Bay, Garnet Avenue BeachA A+
Newport Bay, Lido Yacht Club Beach A+ A+
Newport Bay, Harbor Patrol Beach at Bayside DriveB A+
Newport Bay, Grand Canal A+
Newport Bay, Newport Blvd BridgeA A+
Newport Slough at Lancaster/62nd Street BeachAF
Newport Slough, Grand Street Beach A+B
IV APPENDIX / B CALIFORNIA GRADES BY COUNTY
(CONTINUED)
10.A.b
Packet Pg. 249 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 52 HEAL THE BAY // 2022–2023
Dana Point Harbor, Harbor Patrol DockAD
Dana Point Harbor Guest DockA A+
Dana Point Harbor, M Dock (East Basin)AC
Huntington Harbour, Clubhouse Marina A+ A+
Huntington Harbour, Sunset Aquatic Park BeachAF
Huntington Harbor, Davenport Beach A+F
Huntington Harbour, Anderson Street MarinaAF
Dana Point, at Camino Estrella A+
Dana Point, South Capistrano Bay Community BeachA A+
Poche BeachAF
Diver's Cove A+ A+
Pico drain at North BeachB A+
Linda Lane Beach A+
San Clemente Pier A
Riviera Beach A+
Cleo Street A+ A+
Aliso Creek Ocean InterfaceAAF
West Street A+ A+C
San Juan CreekBFF
Doheny BeachAAF
Poche Creek OutletFF
Little Corona Beach A+AF
Monarch Beach at northCB
Doheny State Beach, North BeachAFF
Doheny State Beach, End of the Park A+ A+F
San Clemente Trafalgar Canyon A
Pelican Point Beach A+AB
Muddy Creek Beach A+ A+D
El Moro Beach A+ A+
Emerald Bay Beach A+ A+
Laguna Main Beach A A+
Laguna HotelA A+
Projection of Bluebird Canyon A+ A+
Victoria Beach A+ A+
Doheny State Beach, at San Juan Creek AAF
Doheny State Beach, at Last Campground A+AF
Laguna Beach, at Goff Island Beach A+ A+A
Corona Del Mar A+ A+B
2000 feet south of SERRA OutfallABF
Crystal Cove A+ A+A
Marine Science Institute Beach A+ A+
Dana Point, Capistrano County Beach A+
Doheny State Beach, Pedestrian Bridge A+ A+F
Doheny State Beach, Mid Beach north of San Juan Creek A+AF Dana Strands Beach A+ A+
Huntington State Beach, at Brookhurst StreetAAC
Huntington State Beach, at Magnolia StreetAAC
Huntington State Beach, at Newland St.A A+B
IV APPENDIX / B CALIFORNIA GRADES BY COUNTY
(CONTINUED)
10.A.b
Packet Pg. 250 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 53 HEAL THE BAY // 2022–2023
Huntington City Beach, at Beach Blvd. A+ A+A
Huntington City Beach, at Huntington St. A+ A+B
Huntington City Beach, at 17th StreetA A+C
Huntington City Beach, at Bluffs A+ A+C
Bolsa Chica Reserve, at south end of beach A+ A+A
Bolsa Chica Reserve, at Flood Gates A+BA
Crescent Bay Beach A+ A+
Santa Ana River MouthAAF
Newport Beach, at Orange StreetAAF
Newport Beach, at 52nd/53rd Street A+AF
Newport Beach, at 38th Street A+ A+F
Balboa Beach, at 15th/16th StreetA A+F
Balboa Beach Pier A+ A+B
Balboa Beach, The Wedge A+ A+B
Crystal Cove at Los Trancos A+AA
Surfside Beach, at Sea Way A+ A+A
Seal Beach, at 1st StreetA A+
Seal Beach, at 8th StreetA A+F
Seal Beach, at 14th StreetA A+C
Seal Beach Pier, 100 yards south of pierAAF
San Clemente, North beach at Avenida Pico A+
San Clemente, South Linda Lane storm drain A+
San Clemente Pier, Lifeguard Building north A+
San Clemente, at Avenida Calafia A+
Salt Creek BeachA A+
Three Arch Bay A+AA
1000 Steps Beach, at 9th St. A+ A+A
Laguna Lido A+ A+A
Table Rock A+ A+B
Camel Point A+ A+B
Aliso Creek, 1000 south of creek mouth A+AD
Aliso Creek, at mouthA A+C
North Aliso County Beach A+ A+B
Treasure Island Beach A+AA
Monarch Beach, 150 feet north of Salt Creek mouthA A+
Sunset Beach, at BroadwayA A+B
SAN DIEGO COUNTY
Coronado, at North Beach near Ocean Blvd.AF
San Diego Bay, Tidelands Park at Mullinix Dr.BF
San Diego Bay, Glorietta Bay Park at boat launchF
San Diego Bay, Spanish Landing Park beachF
San Diego Bay, Shelter Island (Shoreline Beach Park)CF
Pacific Beach, at Grand Ave. A+ A+
La Jolla, at Palomar Av.A A+
Windansea Beach, at Playa Del NorteA A+
La Jolla, at Vista De La Playa A+ A+
La Jolla Ravina, south of Nicholson Pt. A+ A+
La Jolla, South Casa BeachA A+
IV APPENDIX / B CALIFORNIA GRADES BY COUNTY
(CONTINUED)
10.A.b
Packet Pg. 251 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 54 HEAL THE BAY // 2022–2023
La Jolla, projection of Vallecitos A+
La Jolla Shores Beach, Del OroA A+
La Jolla Shores, El Paseo GrandeA A+
Del Mar, San Dieguito River BeachA A+
Encinitas, San Elijo State Park, Pipes surf breakA
Encinitas, Moonlight Beach, Cottonwood Creek A+
Carlsbad, at Poinsettia Lane A+ A+A
Carlsbad, at Poinsettia Lane A+A
Carlsbad, at Ponto Drive A+A
Carlsbad, at Encina Creek A+A
Carlsbad, at Palomar Airport Rd. A+A
Carlsbad, at Cerezo Drive A+A
Ocean Beach, San Diego River outlet (Dog Beach) A+
Pacific Beach, Tourmaline Surf Park at Tourmaline St.A A+ La Jolla, Windansea Beach at Bonair St. A+ A+
La Jolla Shores, at Ave De La PlayaA A+
Torrey Pines, Los Penasquitos Lagoon outletA A+
Border Field State Park, north side of Border FenceBFF
Border Field State Park, at Monument Rd.BFF
Tijuana Slough, Tijuana River mouthFFF
Tijuana Slough, north of Tijuana RiverBDF
Imperial Beach, at Seacoast Dr.BCF
Imperial Beach, at Carnation Ave.AAF
Coronado, Silver StrandA A+F
Coronado, at Ave del SolAAB
Oceanside, St. Malo Beach downcoast from St. Malo Road A+C Oceanside, at Cassidy Street A+ A+F
Oceanside, Buccaneer Beach at Loma Alta CreekF
Oceanside, 500 feet North of Loma Alta Creek A+ A+F
Oceanside, at Forster StreetAD
Oceanside, at Tyson Street A+C
Oceanside, San Luis Rey River outletB
Point Loma, Lighthouse A+ A+ A+
Point Loma, Point Loma Treatment Plant A+ A+B
Sunset Cliffs, at Ladera Street A+AA
Ocean Beach, Ocean Pier at Narragansett Ave. A+ A+A
Ocean Beach Pier, northside at Newport Ave.A A+B
Ocean Beach, Stub JettyA A+D
Mission Beach, Belmont ParkA A+ A+
Solana Beach, Fletcher CoveA
Solana Beach, Tide Beach ParkA
Cardiff State Beach, Seaside State ParkA
Cardiff State Beach, Las OlasA
Cardiff State Beach Charthouse parkingC
Encinitas, San Elijo State Park A+
IV APPENDIX / B CALIFORNIA GRADES BY COUNTY
10.A.b
Packet Pg. 252 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 55 HEAL THE BAY // 2022–2023
IV APPENDIX / B CALIFORNIA GRADES BY COUNTY
Summer Dry
Grade
Winter Dry
Grade
Wet Weather
Grade
SAN DIEGO BEACH
Imperial Beach, projection of Cortez Ave. 83.2% 93.4% 100.0% Imperial Beach, Imperial Beach Pier 79.0% 92.0% 100.0%
Coronado, projection of Loma Ave. 50.0% 70.3% 80.0%
Coronado at North Beach (near navy fence at Ocean Blvd.) 52.3% 44.4% 90.0% San Diego Bay, Tidelands Park (at Mullinix Dr.) 72.2% 50.0% 50.0% San Diego Bay, Glorietta Bay Park at boat launch 100.0% San Diego Bay, Silver Strand 4.5% 36.8% 66.7%
Del Mar, projection of 15th Street 0.0% 100.0%
Del Mar, San Dieguito River Beach 100.0%
Del Mar Shores 0.0% 0.0%
Encinitas, Swami's Beach (Seacliff Park) 0.0% 0.0%
Carlsbad, Batiquitos Lagoon outlet 8.7% 47.4%
Carlsbad, projection of Carlsbad Village Drive 0.0% 0.0% Ocean Beach, San Diego River outlet (Dog Beach) 46.7% 100.0% Pacific Beach, Tourmaline Surf Park (at Tourmaline St.) 33.3% 0.0% La Jolla, La Jolla Cove 57.7% 58.3% 66.7%
La Jolla Shores, projection of Ave De La Playa 4.0% 16.7% 66.7% Torrey Pines, Los Penasquitos Lagoon outlet 10.3% 100.0% Tijuana Slough, Tijuana Rivermouth 85.0%
Imperial Beach, southend of Seacoast Dr. 85.1% 96.0% 100.0% Imperial Beach, projection of Carnation Ave. 72.0% 82.7% 100.0% Silver Strand - Guard Shack, Silver Strand State Beach 39.3% 71.6% 91.7% Silver Strand - Lifeguard Tower, Silver Strand State Beach 61.3% 87.5% 81.8% Coronado, Silver Strand 55.7% 84.4% 90.9%
Avenida Lunar, Coronado City beaches 25.3% 34.9% 87.5%
Mission Bay, Campland (west of Rose Creek) 25.0% 100.0% South Mission Beach Jetty 4.0% 0.0%
Mission Bay, Vacation Isle North Cove Beach 34.6% 33.3% Mission Point Park 33.3%
Oceanside, projection of Surfrider Way 4.2% 0.0%
Oceanside, San Luis Rey River outlet 25.0%
Oceanside, Harbor Beach (projection Harbor Dr.) 8.0% 0.0% Mission Beach, Belmont Park 0.0%
Cardiff State Beach, San Elijo Lagoon outlet 100.0%
10.A.b
Packet Pg. 253 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 56 HEAL THE BAY // 2022–2023
SAN MATEO COUNTY
Pillar Point #9 Harbor BeachBBF
Surfer's Beach, south end of riprapAAD
Gull Park, Foster CityFFF
Roosevelt Beach, south end of parking lotAAD
Dunes Beach A+C
Venice Beach at Frenchman's CreekCF
Francis Beach at the foot of the steps A+ A+B
San Gregorio State Beach at San Gregorio CreekBAB
Pomponio State Beach at Pomponio CreekAAB
Pescadero State Beach at Pescadero Creek A+AA
Bean Hollow State Beach A+ A+ A+
Sharp Park Beach, projection of Birch Ln. A+ A+
Gazos Beach at Gazos CreekAB
Oyster Point A+F
Coyote PointAAF
Aquatic ParkBBF
Lakeshore Park, behind Rec CenterDBF
Kiteboard BeachF
Erckenbrack Park, Foster CityFDF
Marlin Park, Foster CityFDF
Rockaway Beach, at Calera CreekA A+ A+
Linda Mar Beach, at San Pedro CreekFFF
Fitzgerald Marine Reserve, at San Vicente CreekAAF
Pillar Point #8 Mavericks Beach Westpoint Ave.BAC
Pillar Point Harbor, end of Westpoint Ave.BBF
Pillar Point Harbor, Capistrano Ave BeachFFF
SANTA BARBARA COUNTY
Guadalupe DunesAA
Hope Ranch Beach A+BB
Arroyo Burro Beach A+BF
Leadbetter BeachAAB
East Beach, at Mission Creek A+BF
East Beach, at Sycamore Creek A+ A+D
Butterfly Beach A+BC
Hammond’s Beach A+BC
Summerland Beach A+AA
Carpinteria State BeachAAD
Jalama BeachAB
Gaviota State Beach A+B
Refugio State BeachAAD
El Capitan State BeachA A+
Sands, at Coal Oil Point A+ A+B
Goleta BeachABC
IV APPENDIX / B CALIFORNIA GRADES BY COUNTY
10.A.b
Packet Pg. 254 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 57 HEAL THE BAY // 2022–2023
SANTA CRUZ COUNTY
Cowell Beach, west of the wharfAAF
Santa Cruz Main Beach, at the BoardwalkBBF
Santa Cruz Main Beach, at the San Lorenzo RiverBF
Seabright BeachAAF
Twin Lakes BeachAC
Capitola Beach, west of jettyFF
Capitola Beach, east of jettyAD
New Brighton Beach A+B
Seacliff State BeachAF
Rio Del Mar BeachAA
Natural Bridges State BeachA A+C
Mitchell's Cove BeachABF
Cowell Beach, at the StairsAB
Cowell Beach Lifeguard Tower 1BAD
SAN FRANCISCO COUNTY
Ocean Beach, at Pacheco St.D
Ocean Beach at Vicente St.F
Hyde Street Pier A+ A+A
Aquatic Park Beach A+AB
China Beach, at Sea Cliff Ave. A+ A+A
Ocean Beach, at Balboa Ave. A+ A+C
Ocean Beach, at Lincoln Way A+ A+D
Ocean Beach, at Sloat Blvd. A+ A+B
Candlestick Point, Jackrabbit BeachAAB
Candlestick Point, Windsurfer Circle A+ A+F
Candlestick Point, Sunnydale CoveAAF
Islais Landing at Islais Creek A+AF
Mission Creek Park, at Mission Creek A+AF
Crissy Field Beach EastAAC
Crissy Field Beach WestA A+D
Baker Beach East, OceanA A+ A+
Baker Beach, Lobos CreekBAB
Baker Beach West A+ A+A
IV APPENDIX / B CALIFORNIA GRADES BY COUNTY
10.A.b
Packet Pg. 255 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 58 HEAL THE BAY // 2022–2023
SAN LUIS OBISPO COUNTY
Avila Beach 350 yards west of pier, at Creek BF
Avila Beach, at San Luis StreetA A+
Studio Drive parking lot near Old CreekA A+
Cayucos State Beach, downcoast of the pier A+ A+
Cayucos Beach, North of pier at storm drain A+ A+
Hearst Memorial State Beach, 100 yards west of the pier at creek outfall A+ A+ Olde Port Beach (Harford Beach), NorthAB
Pismo Beach, at Ocean View A+ A+
Pismo Beach, 40 feet south of the pier A+ A+
Pismo Beach, at Wadsworth Street A+ A+
San Simeon State Beach, at Pico Ave. A+ A+
Sewers at Silver Shoals Dr.A A+
Morro Bay City Beach, 75 feet north of main parking lot A+ A+ Morro Bay City Beach, at Morro Creek A+F
Morro Bay City Beach, at Atascadero A+C
Morro Strand State Beach, at Beachcomber Drive A+B
Pismo State Beach, 571 yards south of Pier Ave. A+ A+
Pismo State Beach, at Pier Ave. A+ A+
Pismo State Beach, 330 yards north of Pier Ave.A A+
SONOMA COUNTY
Gualala Regional Park Beach A+ A+
Black Point Beach A+ A+
Stillwater Cove Regional Park Beach A+ A+
Goat Rock State Park Beach A+A
Salmon Creek State Park Beach A+ A+
Campbell Cove State Park BeachAB
Doran Regional Park Beach A+ A+
TIJUANA
Playas BlancaFFF
El VigiaCFF
El FaroCDF
IV APPENDIX / B CALIFORNIA GRADES BY COUNTY
10.A.b
Packet Pg. 256 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 59 HEAL THE BAY // 2022–2023
VENTURA COUNTY
Rincon Beach, 25 yards south of the creek mouthADD
Solimar Beach, south at end of gate access road A+BD
Rincon Beach- at the end of the footpath A+
Emma Wood State Beach, 50 yards South of first drain A+ A+B Surfer’s Point at Seaside BAF
Promenade Park, at Figueroa St.AAF
Promenade Park, at Redwood Apts.AF
Promenade Park, south of drain at California St. A+F
San Buenaventura Beach- south of drain at Kalorama St.F San Buenaventura Beach, south of drain at San Jon Rd.AFF San Buenaventura Beach, south of drain at Dover Ln. A+D San Buenaventura Beach, south of drain at Weymouth Ln. A+C Marina Park, north end of playgroundAF
Peninsula Beach, North of South Jetty A+D
La Conchita Beach, Ocean View Rd. A+
Surfer’s Knoll, at parking lotAAC
Oxnard Beach - 5th StreetA
Oxnard Beach, at Outrigger Way A+D
Oxnard Beach Park, at Falkirk Ave. A A+
Oxnard Beach Park, at Starfish Dr. A+
Hollywood Beach, at La Crescenta St. A+ A+
Hollywood Beach, at Los Robles St.A A+
C.I. Harbor, at Hobie Beach Lakshore Dr.AF
C. I. Harbor, Beach Park at South end of Victoria Ave.AAF Silverstrand , at San Nicholas Ave. A+ A+
Silverstrand, at Santa Paula Dr. A+ A+
Oil Piers Beach, south of storm drain A+ A+
Silverstrand, at Sawtelle Ave. A+ A+
Port Hueneme Beach Park, 50 yards north of the pier A+ A+ Ormond Beach- J Street drainB
Ormond Beach- Oxnard Industrial drain, 50 yds. no. of the drain A+ Ormond Beach- Arnold Rd. A+
Point Mugu Beach, at parking lot A+
Thornhill Broome Beach, at parking lot A+ A+
Sycamore Cove Beach, 50 yards south of the creek mouth A+ A+ County Line Beach A+ A+
Hobson County Park, at stairs A+ A+
Staircase Beach, bottom of staircase A+ A+
Faria County Park, at stairs A+CF
Mandos CoveD
IV APPENDIX / B CALIFORNIA GRADES BY COUNTY
10.A.b
Packet Pg. 257 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 60 HEAL THE BAY // 2022–2023
Summer Dry
Grade
Winter Dry
Grade
Wet Weather
Grade
CLATSOP COUNTY
Seaside Beach at Broadway turn around A+
Seaside Beach at 12th Avenue A+
Seaside Beach at U AvenueF
Cannon Beach at Ecola Creek mouth (2nd Avenue) A+
Cannon Beach projection of Gower Ave. storm outflow A+
Tolovana State Park BeachD
Ecola Court pipe at Gower Street discharge to Cannon BeachC Tolovana State Park Beach 50m north of Chisana Creek A+ Tolovana State Park Beach 50m south of Chisana Creek A+ Tolovana SP Beach in Chisana Creek at the pipe outflow A+
COOS COUNTY
Sunset Bay State Park Beach South Cove A+
Sunset Bay State Park Beach at RestroomC
Sunset Bay State Park Beach at North Beach Access A+
Bastendorff Beach at Minor Creek Mouth A+
Bastendorff Beach Middle Access A+
Bastendorff Beach North at Jetty A+
Big Creek at Sunset Bay SP footbridge A+
Miner Creek 200m upstream from Bastendorff Beach A+
Bastendorff Beach South of Minor Creek A+
CURRY COUNTY
Hubbard Creek Beach at Hubbard CreekF
Hubbard Creek Beach 50m north of Hubbard CreekF
Hubbard Creek Beach 50m south of Hubbard CreekF
LANE COUNTY
Heceta Beach middle A+
Heceta Beach at north runoffC
Heceta Beach at south runoffC
Heceta Beach at the south end pipe runoff A+
IV APPENDIX / B OREGON GRADES BY COUNTY
10.A.b
Packet Pg. 258 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 61 HEAL THE BAY // 2022–2023
LINCOLN COUNTY
D River at Hwy. 101 BridgeF
Spencer Creek at Beverly Beach at Hwy 101 bridgeC
Beverly Beach 0.2 km South of ramp at beach accessF
Beverly Beach 0.2 km West of creek mouth A+
Beverly Beach 0.1 km North of ramp A+
D River Beach 200 M South of Restroom A+
D River Beach West of RestroomD
D River Beach at North corner of parking lotF
Ecola Creek at the mouth of Logan CreekA
Nye Beach turnaround at discharge pipe A+
Nye Beach Turnaround west of discharge pipeD
Big Creek at Agate Beach Wayside at footbridge A+
Agate Beach at mouth of Big Creek A+
Nye Beach at war memorial west of Olive StreetD
Nye Beach 100m north Nye Creek outflow A+
Seal Rock State Wayside Beach at north access A+
Seal Rock State Wayside Beach at mouth of Hill Creek A+ Seal Rock State Wayside Beach at mouth of Little Creek A+ Hill Creek at Seal Rock Beach at outflowC
Little Creek at Seal Rock Beach at outflow A+
TILLAMOOK COUNTY
Watseco Creek 100 m upstream from the mouthD
Kiwanda Beach at Dory Launch A+
Oceanside Beach State Wayside at parking accessD
Oceanside Beach State Wayside at headland A+
Oceanside Beach State Wayside at seep (250 Meters South)D Rockaway Beach at creek (South 6th Avenue) A+
Rockaway Beach at South 1st Avenue CreekF
Short Sand Beach at Short Sand creek (Oswald State Park) A+ Short Sand Beach middle (Oswald State Park) A+
Short Sand Beach North End (Oswald State Park) A+
Twin Rocks BeachD
Neskowin Beach Middle at Creek MouthD
Short Sand Creek Oswald State Park at dowstream footbridge A+ Kiwanda Beach at Mid MoundF
Kiwanda Beach at South Site A+
Neskowin Beach south side of Proposal RockB
Rock Creek at Rockaway Beach at South 1st Avenue parking areaA Saltair Creek at Rockaway Beach at south 6th AvenueC
IV APPENDIX / B OREGON GRADES BY COUNTY
10.A.b
Packet Pg. 259 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 62 HEAL THE BAY // 2022–2023
Summer Dry
Grade
Winter Dry
Grade
Wet Weather
Grade
CLALLAM COUNTY
Salt Creek Recreation Area - southA A+
Salt Creek Recreation Area - north A+
Salt Creek Recreation Area A+ A+
Cline Spit County Park - north A+ A+
Cline Spit County Park - mid A+ A+
Cline Spit County Park - south A+ A+
Hollywood Beach - west A+ A+
Hollywood Beach - midA A+
Hollywood Beach - eastA A+
GRAYS HARBOR COUNTY
Westport - The Groynes - westCA
Westport - The Groynes - midB A+
Westport - The Groynes - eastA A+
Westhaven State Park Half Moon Bay - southA A+
Westhaven State Park Half Moon Bay - mid A+ A+
Westhaven State Park Half Moon Bay - north A+ A+
Westhaven State Park South Jetty - southA A+
Westhaven State Park South Jetty - midA A+
Westhaven State Park South Jetty - northC A+
ISLAND COUNTY
Oak Harbor Lagoon - north westA A+
Oak Harbor Lagoon - mid A+ A+
Oak Harbor Lagoon - south east A+ A+
Freeland County Park Holmes Harbor - west A+
Freeland County Park Holmes Harbor - mid A+
Freeland County Park Holmes Harbor - east A+
Dave Mackie Park Beach northB A+
Dave Mackie Park Beach in tidal lagoon A+
Freeland County Park Holmes Harbor - midB A+
JEFFERSON COUNTY
Fort Worden State Park - northA A+
Fort Worden State Park - mid A+ A+
Fort Worden State Park - southA A+
Fort Flagler State Park - west entrance northA A+
Fort Flagler State Park - west entrance boat launch A+ A+ Fort Flagler State Park - west entrance south of dock A+ A+ Irondale Beach Park - south A+ A+
Irondale Beach Park - mid A+ A+
Irondale Beach Park - northA A+
Herb Beck Marina - eastA A+
Herb Beck Marina - mid A+ A+
Herb Beck Marina - west A+ A+
IV APPENDIX / B WASHINGTON GRADES BY COUNTY
10.A.b
Packet Pg. 260 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 63 HEAL THE BAY // 2022–2023
KING COUNTY
Richmond Beach Saltwater Park - south A+
Richmond Beach Saltwater Park - mid A+
Richmond Beach Saltwater Park - north A+
Carkeek Park - south A+
Carkeek Park - mid A+
Carkeek Park - north A+
Golden Gardens - south A+
Golden Gardens - mid A+
Golden Gardens - north A+
Alki Beach Park - south A+
Alki Beach Park - mid A+
Alki Beach Park - north A+
Richey Viewpoint - south A+
Richey Viewpoint - mid A+
Richey Viewpoint - north A+
Lincoln Park - south A+
Lincoln Park - mid A+
Lincoln Park - north A+
Seahurst (Ed Munro) Park - south A+
Seahurst (Ed Munro) Park - mid A+
Seahurst (Ed Munro) Park - north A+
Saltwater State Park - southA A+
Saltwater State Park - midA A+
Saltwater State Park - northA A+
Redondo County Park - south A+ A+
Redondo County Park - mid A+ A+
Redondo County Park - northA A+
Dash Point State Park - west A+ A+
Dash Point State Park - midA A+
Dash Point State Park - eastAD
KITSAP COUNTY
Point No Point Lighthouse Park northA A+
Point No Point Lighthouse Park midA A+
Point No Point Lighthouse Park southA A+
Arness County Park - north A+
Arness County Park - mid A+
Arness County Park - south A+
Indianola Dock - eastA A+
Indianola Dock - mid A+ A+
Indianola Dock - westA A+
Fay Bainbridge State Park - northA A+
Fay Bainbridge State Park - mid A+ A+
Fay Bainbridge State Park - south A+ A+
Scenic Beach State Park west A+ A+
Scenic Beach State Park mid A+ A+
Scenic Beach State Park eastA A+
Silverdale County Park - eastA A+
IV APPENDIX / B WASHINGTON GRADES BY COUNTY
(CONTINUED)
10.A.b
Packet Pg. 261 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 64 HEAL THE BAY // 2022–2023
Silverdale County Park - midA A+
Silverdale County Park - westA A+
Illahee State Park - north A+ A+
Illahee State Park - mid A+ A+
Illahee State Park - south A+ A+
Lions Park - south A+ A+
Lions Park - mid A+ A+
Lions Park - northA A+
Pomeroy Park - Manchester Beach - northA A+
Pomeroy Park - Manchester Beach - mid A+ A+
Pomeroy Park - Manchester Beach - south A+ A+
Joel Pritchard Park - west A+ A+
Joel Pritchard Park - midA A+
Joel Pritchard Park - east A+ A+
MASON COUNTY
Belfair State Park A+ A+
Twanoh State Park - west of dock A+ A+
Twanoh State Park - point A+ A+
Twanoh State Park - west of pointA A+
Potlatch State Park - northA A+
Potlatch State Park - mid A+ A+
Potlatch State Park - southA A+
PIERCE COUNTY
Purdy Sandspit County Park - west A+ A+
Purdy Sandspit County Park - midB A+
Purdy Sandspit County Park - eastAD
Dash Point County Park - west of pierA A+
Dash Point County Park - east of pierA A+
Dash Point County Park - eastA A+
Owens Beach - Point Defiance Park - north A+
Owens Beach - Point Defiance Park - midB
Owens Beach - Point Defiance Park - south A+
Ruston Way north - projection of Warner StA A+
Waterfront Dock/ Ruston Way - southA A+
Waterfront Dock/ Ruston Way - northA A+
Titlow Park - southA A+
Titlow Park - mid A+ A+
Titlow Park - north A+ A+
Sunnyside Beach Park - south A+ A+
Sunnyside Beach Park - mid A+ A+
Sunnyside Beach Park - northA A+
Jack Hyde Park - west A+ A+
Jack Hyde Park - mid A+ A+
Jack Hyde Park - eastA A+
IV APPENDIX / B WASHINGTON GRADES BY COUNTY
10.A.b
Packet Pg. 262 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 65 HEAL THE BAY // 2022–2023
SKAGIT COUNTY
Bayview State Park - southA A+
Bayview State Park - north A+ A+
Bayview State Park - midA A+
Bayview State ParkA A+
SNOHOMISH COUNTY
Kayak Point County Park - south A+
Kayak Point County Park - mid A+
Kayak Point County Park - north A+
Jetty Island - south A+
Jetty Island - mid A+
Jetty Island - north A+
Howarth Park - south A+
Howarth Park - mid A+
Howarth Park - north A+
Mukilteo Lighthouse Park south A+
Mukilteo Lighthouse Park midA A+
Mukilteo Lighthouse Park northB A+
Picnic Point County Park - south A+ A+
Picnic Point County Park - midA A+
Picnic Point County Park - north A+ A+
Edmonds Underwater Park - south A+ A+
Edmonds Underwater Park - mid A+ A+
Edmonds Underwater Park - north A+ A+
Marina Beach Edmonds - south A+ A+
Marina Beach Edmonds - mid A+ A+
Marina Beach Edmonds - north A+ A+
THURSTON COUNTY
Burfoot County Park - northA A+
Burfoot County Park - mid A+ A+
Burfoot County Park - south A+ A+
Priest Point Park A+
Priest Point ParkA
Priest Point Park A+
WHATCOM COUNTY
Birch Bay County Park - south A+
Birch Bay County Park - mid A+
Birch Bay County Park - north A+
Little Squalicum Park east A+
Little Squalicum Park at creek outlet A+
Little Squalicum Park far west of pier A+
Bellingham Marine Park outer A+
Port of Bellingham Marine Park A+
Port of Bellingham Marine ParkA
Larrabee State Park Wildcat Cove - westAC
Larrabee State Park Wildcat Cove - midAC
Larrabee State Park Wildcat Cove - south A+F
IV APPENDIX / B WASHINGTON GRADES BY COUNTY
10.A.b
Packet Pg. 263 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 66 HEAL THE BAY // 2022–2023
What is the Beach Report Card?
The Beach Report Card transforms complicated water quality data into an easy-to-understand A–F grading format so the public can know where and when it is safe to go in the ocean. Grades are based on fecal bacteria pollution concentrations in the wave-wash. Water samples are analyzed for bacteria that indicate pollution from numerous sources, including fecal waste. The better the grade a beach receives, the lower the risk of illness to ocean users.
The BRC should be used like the SPF ratings in sunblock — beachgoers should determine what they are comfortable with in terms of relative risk, and then make the necessary decisions to protect their health. Heal the Bay urges coastal beachgoers to use this information before they visit beaches on the West Coast.
What is the history of the BRC?
Heal the Bay’s first Beach Report Card was published in 1991 (with data from 1989 & 1990) and covered about 50 monitoring locations in Los Angeles County from Leo Carrillo Beach (near the Ventura County line) to Cabrillo Beach in San Pedro. At that time, beachgoers knew little about the health risks of swimming in polluted waters or the water quality at any of their favorite beaches in Los Angeles County. Beach water quality was a known public issue only when a substantial sewage spill occurred. Although beaches were routinely monitored, the data were either inaccessible or incomprehensible to the general public.
Since then, an immense amount of work has been completed and resources invested to reduce urban runoff pollution and sewage spills at our local beaches. Heal the Bay is proud to have played an active role in putting legislation and policies in place to help protect public health.
What do the grades mean to the beach user?
Coming into contact with waters with elevated bacteria concentrations has been associated with increased risks to human health. The higher the grade a beach receives, the better the water quality at that beach. The lower the grade, the greater the health risks. Potential illnesses include gastrointestinal illness, eye/ear infections, upper respiratory infection and major skin rash (full body). The known risks of contracting illnesses associated with each threshold are based on a one-time, single event of exposure (head immersed while swimming) to polluted water. Increasing frequency of exposure or the magnitude of bacteria densities may significantly increase an ocean user’s risk of contracting any of these illnesses.
About Heal the Bay’s Annual Beach Report Card
Heal the Bay is a nonprofit environmental organization, dedicated to making coastal waters and watersheds safe, healthy and clean. We use science, education, community action and advocacy to pursue our mission.
Summer Dry Winter Dry Wet Weather
(Apr–Oct) (Nov–Mar) Year-Round
A A F
Beach Report Card’s water quality grade
(See Appendix D for complete methodology)
FREQUENTLY ASKED QUESTIONS
How are grades calculated?
Heal the Bay’s grading system takes into consideration the magnitude and frequency of exceedances above allowed bacterial levels over the course of the specified time period. Each BRC year contains three time/weather periods:
• Summer Dry = Samples taken during dry weather between April 1 and October 31
• Winter Dry = Samples taken during dry weather between November 1 and March 31
• Wet Weather = Samples taken during or within 72 hours of a rain event*
Water quality typically drops dramatically during and immediately after a rainstorm but often rebounds to its previous level within a few days. For this reason, year-round wet weather data throughout California were analyzed separately in order to avoid artificially lowering a location’s grade, and to provide a better understanding of statewide beach water quality impacts.
For complete methodology, see Appendix D.
NOTE: *Heal the Bay utilizes a definition of a ‘rain event’ in California as precipitation greater than or equal to one tenth of an inch (≥ 0.1”) accumulated over a period of 72 hours. Oregon and Washington criteria for a rain event is ≥0.2” of precipitation
How current are the weekly grades?
It is important to note that the grades from the Beach Report Card represent the most current information available to the public, but they do not represent real-time water quality conditions. Currently, laboratory analyses of beach water quality samples take 18 to 24 hours to complete; then the data must be entered into a database before they are sent to Heal the Bay for a grade calculation. For weekly grades, Heal the Bay releases grades every Friday throughout the year based on the most recent available sample data for the entire west coast. Weekly grades and more can be found at www.beachreportcard.org.
IV APPENDIX / C
10.A.b
Packet Pg. 264 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 67 HEAL THE BAY // 2022–2023
What type of pollution is measured?
Pollution is measured by sampling types of fecal indicator bacteria (FIB) including total coliform, fecal coliform, and Enterococcus spp. California requires measurement of all three FIB, but Oregon and Washington only require Enterococcus. Runoff from creeks, rivers and storm drains are sources of pollution to California, Oregon, and Washington beaches.
Runoff may contain toxic heavy metals, pesticides, fertilizers, petroleum hydrocarbons, animal waste, trash, and even human sewage..
The amounts of fecal indicator bacteria present in runoff, and consequently at the beach, is currently the best indication of whether or not a beach is safe for recreational water contact. The link between swimming in waters containing elevated levels of indicator bacteria and health risk was confirmed in the 1995 epidemiological study conducted by the University of Southern California, Orange County Sanitation District, the City of Los Angeles and Heal the Bay, under the auspices of the Santa Monica Bay Restoration Project.
Indicator bacteria themselves do not usually cause bather illness. Instead, their presence indicates the potential for water contamination with other pathogenic microorganisms such as bacteria, viruses, and protozoa that do pose a health risk to humans. At present, the report card contains no information on toxins or trash in the water or on the beach.
ABOUT INDICATOR BACTERIA
The most common types of indicator bacteria include:
• Total coliform
• Fecal coliform (or E. coli)
• Enterococcus
Total coliform, which contains coliform of all types, originates from many sources including soil, plants, animals, and humans. Fecal coliform and Enterococcus bacteria are found in the fecal matter of mammals and birds. This fecal bacteria does not always come from humans; however, human sewage does regularly end up in the ocean through sewage infrastructure failure and storm drains.
Why is storm drain pollution so significant?
Storm drain runoff is the largest source of pollution for ocean beaches.
Storm drains flow untreated to the coast and are often contaminated with motor oil, animal waste, pesticides, yard waste and trash. After a rain, FIB densities often far exceed state health criteria for recreational water use.
Health officials and Heal the Bay recommend that beach users never swim within 100 yards on either side of a flowing storm drain, creek, or river in any coastal waters during a rainstorm, and to stay out of the water for at least three days after a storm has ended.
Children often play directly in front of storm drains and in runoff-filled ponds and lagoons. Monitoring at “point zero” (the mouth of storm drains or creeks) is the best way to ensure that the health risks to all swimmers are minimized. This Heal the Bay recommendation was finally adopted by the State Water Resources Control Board (SWRCB) for the 2015 swimming season. In fact, the SWRCB made point zero monitoring a criterion for receiving beach water quality monitoring funds. This was great news for beachgoers and families going to the beach last summer. For more on storm drain impacted beaches, see “Analysis of Beach Types”.
Are beaches monitored year-round?
In California, water quality samples are collected by the appropriate health agency at a minimum of once a week from April through October as required under the California Beach Bathing Water Quality Standards (AB 411) and recommended by EPA’s National Beach Guidance and Performance Criteria for Recreational Waters (EPA’s BEACH program). Some agencies conduct year-round sampling, while others scale back their monitoring programs dramatically from November through March, despite the fact that many oceangoers are in the water year-round.
The majority of Oregon and Washington water quality monitoring occurs during the summer swimming season (Memorial Day through Labor Day).
The Makah Tribe in Clallam County Washington monitors water quality on a weekly basis year-round.
Why not test for viruses?
A common question asked by beachgoers is: “if viruses cause many of the swimming-associated illnesses, why don’t health agencies monitor directly for viruses instead of indicator bacteria?” Although virus monitoring is incredibly useful in identifying sources of fecal pollution, there are a number of drawbacks to available virus measurement methods. There have been tremendous breakthroughs in the use of DNA to analyze water samples for virus or human pathogenic bacteria, but these techniques are still relatively expensive. In addition, interpretation of virus monitoring data is difficult because, unlike bacterial indicators, there is little data available to link health risks associated with swimming in beach water to virus densities.
Many epidemiology studies have been conducted on the West Coast and have found a strong correlation between illness rates and FIB concentrations so measuring FIB is a robust way to protect public health. However, research must be continued to refine how water quality is measured.
IV APPENDIX / C FREQUENTLY ASKED QUESTIONS
10.A.b
Packet Pg. 265 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 68 HEAL THE BAY // 2022–2023
Beach Report Card Grading and Methodology
The Beach Report Card Grading Methodology translates complex shoreline bacteria data into a grade format that is meaningful and useable by all California beachgoers.
Each geometric mean criterion exceeded is assigned a specific percentage of points lost. Non-exceedances are given 0%. The percentage of points lost from each of the three criteria divided by the number of sample days are multiplied by the ‘Total Available Points’ (any sum of percentages exceeding 100% automatically loses all 50 points available in the geometric mean component).
Single Sample Standard
Calculating the ‘Total Points Lost’ for the Single Sample Standard component is similar to the calculation used for deriving the points lost for the Geometric Mean. However, the Single Sample Standard component uses a gradient to calculate the ‘Total Points Lost’. The gradient of percentage points lost used in calculating the number of points lost is derived from work completed by the Southern California Coastal Water Research Project and Orange County Sanitation District as part of the 1998 Southern California Coastal Bight Study (see Table 5-4).
‘Percentage of points lost’ is allocated depending upon the threshold exceeded by each of the four criteria. Each single sample criterion exceeded is given a ‘percentage of points lost’. These amounts are presented in Table 5-4.
The ‘percentage of points lost’ from each of the four criteria for each sample during the time period are added together and divided by the total number of samples. Once this number is calculated (total ‘percentage of points lost’ divided by total number of samples), it is multiplied by the ‘Total Available Points’. In the Single Sample Standard component, more points are lost as the magnitude or frequency of exceedances increases.
Points lost from the Single Sample Standard component are added to the points lost in the Geometric Mean component (if applicable) and this sum becomes ‘Total Points Lost’. Once the ‘Total Points Available’ and the ‘Total Points Lost’ are calculated, a grade for a particular sample site can be determined.
Determining a Grade
% Grade =
‘TOTAL POINTS AVAILABLE’ — ‘TOTAL POINTS LOST’
‘TOTAL POINTS AVAILABLE’
Most dry and wet weather annual grades are calculated with 100 ‘Total Available Points’, although there is no Geometric Mean component for wet weather grading. Wet weather grades are calculated by the total ‘percentage of points lost’ divided by the total number of samples and then multiplied by 100. This gives the location’s score for wet weather ‘Total Points Lost’. This number is then subtracted from 100 to give the percentage grade.
METHODOLOGY: OREGON AND WASHINGTON
The Oregon and Washington state grade methodology (using Enterococcus standards) was adapted from the seven standard California methodology (see Appendix A1).
Total Points Available
As seen in Table 5-2, the methodology uses a standard A through F grading system, and grades are based on the following formula:
% Grade =
‘TOTAL POINTS AVAILABLE’ — ‘TOTAL POINTS LOST’
‘TOTAL POINTS AVAILABLE’
Note: The Annual and End-of-Summer Beach Report Card methodology is modified slightly to accommodate the longer time period. (For example: no greater significance is given to the most recent samples.) METHODOLOGY: CALIFORNIA
Heal the Bay’s Beach Report Card grading system is endorsed by the SWRCB and the Beach Water Quality Workgroup as an effective way to communicate beach water quality to the public
Past amendments to the grading methodology have included:
• The inclusion of the geometric mean into the calculation • A firm zero-to-100 point scale
• Greater weight for Enterococcus and the total to fecal ratio relative to total coliform and fecal coliform
The methodology retains past modifications to the report card, such as the inclusion of new indicator bacteria thresholds (namely the total-to-fecal ratio), developed by the Santa Monica Bay Restoration Commission in the 1996 health effects studies of Santa Monica Bay beachgoers. It also retains the implementation of standard deviations for each indicator bacteria threshold, which was developed by the Southern California Coastal Water Research Project and Orange County Sanitation Districts during the 1998 Southern California Bight Study. Each threshold is based on the prescribed standards set in the California Department Health Service’s Beach Bathing Water Standards.
As seen in Table 5-1 the methodology uses a standard A through F grading system, and grades are based on the following formula:
% Grade =
‘TOTAL POINTS AVAILABLE’ — ‘TOTAL POINTS LOST’
‘TOTAL POINTS AVAILABLE’
[Note: The Annual and End-of-Summer Beach Report Card methodology is modified slightly to accommodate the longer time period. For example: no greater significance is given to the most recent samples.] Total Points Available
‘Total Points Available’ is derived from adding together two point components (if applicable): the Geometric Mean and the Single Sample Standard. The points for each component are listed in Table 5-2.
In order for the points in each component to become available, certain criteria must be met. (For example, the geometric mean points will be added to the ‘Total Points Available’ only if there are a minimum of four dry weather samples collected within the allotted time frame). Wet weather data is graded separately from dry weather data, and does not currently include a geometric mean component. Therefore, it is possible for ‘Total Points Available’ to be less than 100. The new grading methodology allows for a relative grade to be determined based on the actual monitoring completed.
Once the ‘Total Available Points’ has been determined for a specific location, then the ‘Total Points Lost’ can be calculated for the applicable grade components.
Total Points Lost
Separate calculations are used to quantify ‘Total Points Lost’ for each applicable component from the ‘Total Available Points’. The following describes the two calculations.
Geometric Mean
Calculating the ‘Total Points Lost’ for the geometric mean component involves using the rolling 30-day geometric mean values calculated for each sample day (see Table 5-3).
IV APPENDIX / D
10.A.b
Packet Pg. 266 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 69 HEAL THE BAY // 2022–2023
TABLE 5-3: CALCULATING THE TOTAL POINTS LOST
FOR THE GEOMETRIC MEAN COMPONENT
Indicator
Exceeded
Calif. Beach Bathing
Water Standard
% of Total Available Points
Lost** Due to Exceedance
Total Avail.
Points
Enterococcus 35 80%
Fecal Coliform 200 40% 50
Total Coliform 1000 20%
* Colony forming units per 100 milliliters of ocean water TABLE 5-5: CALCULATING THE TOTAL POINTS LOST FOR THE
SINGLE SAMPLE STANDARD COMPONENT
Indicator Exceeded
SLIGHT
% Points
Lost
MODERATE
% Points
Lost
HIGH
% Points
Lost
EXTREME
% Points
Lost
Total
Available
Points
Total Coliform 10% 30% 40% N/A
50 Fecal Coliform 10% 30% 40% N/A
Enterococcus 20% 40% 60% N/A
Ratio (when total
> 1,000) 25% 50% 75% 100%
TABLE 5-4: SINGLE SAMPLE GRADIENT THRESHOLDS IN CFU/100ML* Indicator Bacteria
SLIGHT
T – 1 SD
MODERATE
T + 1 SD
HIGH
> T + 1 SD
EXTREME
Very High Risk
Total Coliform 6,711–9,999 10,000–14,900 > 14,900 N/A
Fecal Coliform 268–399 400–596 > 596 N/A
Enterococcus 70–103 104–155 > 155 N/A
Total: Fecal Ratio
(when total > 1,000) 10.1–13 7.1–10 2.1–7 < 2.1
* Colony forming units per 100 milliliters of ocean water. N/A = Not applicable SD = Standard Deviation. Bold = California State Health Department standards for a single sample TABLE 5-7: CALCULATING THE TOTAL POINTS LOST FOR THE
SINGLE SAMPLE STANDARD COMPONENT
Indicator
Exceeded
SLIGHT
% Points Lost
MODERATE
% Points Lost
HIGH
% Points Lost
Total Available
Points
Enterococcus 25% 75% 100% 50
TABLE 5-6: SINGLE SAMPLE GRADIENT THRESHOLDS IN CFU/100ML* Indicator Bacteria SLIGHT
T – 1 SD
MODERATE
T + 1 SD
HIGH
> T + 1 S
Enterococcus 70–103 104–155 >155
* Colony forming units per 100 milliliters of ocean water SD = Standard Deviation. Bold = California State Health Department standards for a single sample TABLE 5-2: TOTAL POINTS AVAILABLE BY COMPONENT
Geometric Mean 50 points
Single Sample Standard 50 points
Total 100 points
TABLE 5-1: GRADING SYSTEM
A B C D F
100%–90% 89%–80% 79%–70% 69%–60% <60%
Wet weather data (>=0.2 inches of rain in previous 72 hours) is graded separately from dry weather data and does not currently include a geometric mean component.
‘Total Points Available’ is derived from adding together two point components (if applicable): the Geometric Mean and the Single Sample Standard. The points for each component are listed in Table 5-2. In order for the points in each component to become available certain criteria must be met. Oregon and Washington Summer Beach Report Card methodology calculations only include Geometric Mean scores when four or more dry weather samples are available in determining a location’s 30-day geometric mean. Therefore, it is possible for ‘Total Points Available’ to be less than 100. The grading methodology allows for a relative grade to be determined based on the actual monitoring completed.
Once the ‘Total Available Points’ has been determined for a specific location, then the ‘Total Points Lost’ is calculated for the applicable grade components.
Total Points Lost
Separate calculations are used to quantify ‘Total Points Lost’ for each applicable component from the ‘Total Available Points’. The following describes the two calculations:
Geometric Mean
Calculating the ‘Total Points Lost’ for the Geometric Mean component involves using EPA’s beach bathing indicator density of 35 for the geometric mean. If there are four or more samples included in the 30-day geometric mean calculation then the 50 points for the Geometric Mean component become available. Oregon and Washington Beach Report Card methodology calculates the percentage of geometric mean exceedance days based on the number of valid (four or more) geometric means scored during the extended time period. The percentage of geometric exceedance sample days out of valid geometric mean sample days is multiplied by the 50 available points to determine the ‘Total Points Lost’ for the Geometric Mean component.
Single Sample Standard
The Single Sample Standard component uses a gradient to calculate the ‘Total Points Lost’. The gradient of percentage of points lost used in calculating the number of points lost is derived from the EPA’s Ambient Water Quality Criteria for Bacteria and is found in Table 5-6.
‘Percentage of points lost’ is allocated depending upon the threshold exceeded.
The penalties for threshold exceedances are presented in Table 5-7. Nonexceedances lose zero points. The ‘percentage of points lost’ for each sample during the time period are added together and divided by the total number of samples and multiplied by the ‘Total Available Points’. More points are lost as the magnitude or frequency of exceedances increases.
Points lost from the Single Sample Standard component are added to the points lost in the Geometric Mean component (if applicable) and this sum becomes ‘Total Points Lost’. Once the ‘Total Points Available’ and the ‘Total Points Lost’ are calculated a grade for a particular sample site can be determined.
Determining a Grade
% Grade =
‘TOTAL POINTS AVAILABLE’ — ‘TOTAL POINTS LOST’
‘TOTAL POINTS AVAILABLE’
Most dry and wet weather annual grades are calculated with 100 ‘Total Available Points’, although there is no Geometric Mean component for wet weather grading. Wet weather grades are calculated by the total ‘percentage of points lost’ divided by the total number of samples and then multiplied by 100. This gives the location’s score for wet weather ‘Total Points Lost’. This number is then subtracted from 100 to give the percentage grade.
IV APPENDIX / D METHODOLOGY
10.A.b
Packet Pg. 267 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 70 HEAL THE BAY // 2022–2023
Acknowledgements
The entire Beach Report Card program would not be possible without the cooperation of the many monitoring agencies across the West Coast. These agencies include:
Makah Tribe
Washington Department of Ecology
Oregon Department of Environmental Quality
Humboldt County Department of Health & Human
Services
Mendocino County Environmental Health
Department
Sonoma County Environmental Health & Safety
Marin County Environmental Health Services
San Francisco Public Utilities Commission
East Bay Regional Park District
San Mateo County Health
Santa Cruz County Environmental Health
2022–23 Beach Report Card
Report Research and Copy: Luke Ginger, Alison Xunyi Wu
Data Compilation and Analysis: Alison Xunyi Wu, Luke Ginger Copy Editors: Katherine Pease, Alison Simard, Gabriele Morgan, Tracy Quinn
Design by: Ison Design
1444 9th Street, Santa Monica, CA 90401 | 800.HEAL.BAY | 310.451.1500 | healthebay.org The Beach Report Card’s original concept and methodology were created in part by former Heal the Bay scientists Dr. Mark Gold, Delaney Alamillo, and Mitzy Taggart. This report would not be possible without their passion and dedication to improving beach water quality and strengthening public health protection.
A special thank you to our funders for their continued support of the Beach Report Card program and the publication of this report:
IV APPENDIX / E
Monterey County Health Department
San Luis Obispo County Environmental Health
Services
Santa Barbara County Environmental Health
Services
Ventura County Environmental Health Division
City of Los Angeles Environmental Monitoring
Division
Los Angeles County Sanitation Districts
County of Los Angeles Department of Public Health
County of Los Angeles Department of Public Works
City of Redondo Beach
City of Long Beach Department of Health and
Human Services
South Orange County Wastewater Authority
County of Orange Environmental Health
Orange County Sanitation District
San Diego County Department of Environmental
Health
San Elijo Joint Powers Authority
City of San Diego
City of Oceanside
Encina Wastewater Authority
Port of San Diego
State Water Resources Control Board
10.A.b
Packet Pg. 268 Attachment: Attachement B- Beach-Report-Card-2022-2023 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins))
10.A.c
Packet Pg. 269 Attachment: Attachement C - Ordinance No. 1027 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins))
10.A.c
Packet Pg. 270 Attachment: Attachement C - Ordinance No. 1027 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins))
10.A.c
Packet Pg. 271 Attachment: Attachement C - Ordinance No. 1027 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) f:\atty\muni\ laws\ mjm\ animalsamend2d- 1. doc
City Council Meeting 8- 10-04 Santa Monica, California
ORDINANCE NUMBER 2137 CCS)
City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
4. 04. 150, 4. 04. 160, 4. 04. 170, 4. 04. 390 AND 4. 04.410, ADDING SECTIONS 4. 04. 155,
4. 04. 166 AND 4. 04.415 TO THE MUNICIPAL CODE, AND REPEALING SANTA MONICA MUNICIPAL CODE SECTION 3.04. 110 RESTRICTING ANIMALS AT
LARGE, REGULATING DOGS ON PUBLIC PROPERTY, PROHIBITING DOGS IN
SPECIFIED AREAS AND FEEDING IN OFF-LEASH AREAS, AND MODIFYING
PROVISIONS ON VICIOUS DOGS
WHEREAS, many Santa Monica residents enrich their lives by sharing their households with dogs, cats and other animal companions; and WHEREAS, the City Council wishes to provide those residents with opportunities to use public space with their animal companions; and
WHEREAS, animals roving at large on public and private space pose risks to health, safety, and community quality of life; and
WHEREAS, the City Council wishes to protect against these risks and to strike the best possible balance between opportunities available to residents with animals, their neighbors, and the community as a whole,
WHEREAS, disbursing food to animals in public parks and public streets poses risks to safety and welfare; and
1 10.A.d
Packet Pg. 272 Attachment: Attachement D - Ordinance No. 2137 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) WHEREAS, feeding dogs in dog parks can cause fights and otherwise threaten dogs' health; and
WHEREAS, leaving food in the ground in public parks attracts rodents and diminishes park aesthetics,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4. 04. 150 is hereby amended to read as follows:
Section 4.04.150 Animals at large.
No person having control, charge or custody of any
animal, shall permit the animal to stray, or run at large in or upon any private property without the property owner' s or occupant's permission, any unenclosed private property or any public property, except as authorized by this Chapter.
Any animal found straying or at large in or upon public property or private property may be impounded by the City.
Any person violating this Section shall be guilty of an infraction which shall be punishable by a fine of not less than Fifty Dollars ($ 50) per violation with each day or partial day of violation counting as a separate offense.
In addition to the penalties herein above provided,
any condition caused or permitted to exist in violation of the 2 10.A.d
Packet Pg. 273 Attachment: Attachement D - Ordinance No. 2137 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) provisions of this Section shall be deemed a public nuisance and may be, by this City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense.
SECTION 2. Section 4. 04. 155 is hereby added to the Santa Monica Municipal Code to read as follows:
Section 4. 04. 155. Dogs on Public Property.
No person having control, charge or custody of any
dog shall permit the dog to be upon any public property, unless the dog is:
a) in the custody and control of a competent person;
and either
b) confined in an automobile or
c) restrained by a chain or leash six feet or less in
fixed length.
Any person violating this Section shall be guilty of an infraction which shall be punishable by a fine of not less than Fifty Dollars ($ 50) per violation with each day or partial day of violation counting as a separate offense.
3 10.A.d
Packet Pg. 274 Attachment: Attachement D - Ordinance No. 2137 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) Notwithstanding the above, this Section shall not
apply to dogs in any area designated by resolution of the City Council for use by dogs if the person having custody or control of the dog is in compliance with posted rules
governing the use of the designated area.
SECTION 3.Santa Monica Municipal Code Section 4. 04. 160 is hereby amended to read as follows:
Section 4. 04. 160 Dogs-- Prohibited Public areas.
Except as expressly permitted by this Chapter, no
person having control, charge or custody of any dog shall permit the dog to be in or upon a school ground, public building, tot lot, playing field, tennis court, basketball court, other game court, or the beach sands lying westerly of that street commonly known as Oceanfront Walk or northerly of the westerly prolongation of the center line of California Avenue. Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine of not less than fifty dollars ($ 50) per violation with each day or partial day of violation counting as a separate offense. In addition, any such dog found in any such prohibited place may be
impounded as herein provided.
4 10.A.d
Packet Pg. 275 Attachment: Attachement D - Ordinance No. 2137 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) Notwithstanding the above, this Section shall not
apply to:
1) dogs which are being used by disabled persons
as guide or service dogs, while such dogs are being used for such purposes.
2) dogs in any area designated by resolution of the
City Council for use by dogs if the person having custody or control of the dog is in compliance with posted rules
governing the use of the designated area.
SECTION 4. Section 4. 04. 166 is hereby added to the Santa Monica Municipal Code to read as follows:
Section 4. 04.166. Exception for Permitted
Community Events.
Notwithstanding the prohibitions contained in
Municipal Code Sections 4. 04. 150, 4. 04. 155, and 4. 04. 160, animals may be present on public property in accordance with the terms and conditions of a Community Events Permit issued by the City.
SECTION 5. Santa Monica Municipal Code Section 4. 04. 170 is hereby amended to read as follows:
Section 4. 04. 170 Licensing of dogs.
5 10.A.d
Packet Pg. 276 Attachment: Attachement D - Ordinance No. 2137 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) Every person who harbors a dog within the City shall
pay to the City an annual license tax in an amount to be established by resolution of the City Council. The City shall from time to time deliver to the person making such payment a license which shall describe the dog, together with a seal or metallic plate having thereon the number of such license, and figures indicating paid, provided the person making the payment has filed with the City a certificate indicating the dog has been vaccinated in accordance with this Chapter and state law; otherwise, a
receipt for payment shall be
issued. Duplicates shall be issued for lost tags for one dollar and fifty cents upon the filing of proof of such loss. Such metallic tags shall be attached to a collar or harness and such collar or harness with the attached tag shall be kept on such dog at all times, excepting as otherwise provided in the Code.
The license fee herein mentioned shall be due and
payable on the 2nd day of January each year and shall
expire on the 31 st day of December next ensuing. Where a dog is acquired after the 2nd day of January, the license fee thereon shall be due on the date of acquisition of such dog for such calendar year and thereafter on the 2nd day of January of each succeeding year.
6 10.A.d
Packet Pg. 277 Attachment: Attachement D - Ordinance No. 2137 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) In the event that any person shall fail, neglect or
refuse to pay the required license tax before the 1 st day of April of each year, a penalty will be assessed, in addition to the prescribed license fee, in the amount of five dollars for every neutered male or spayed female dog and ten dollars for every un- neutered male or unspayed female dog.
The provisions of this Section shall not apply to:
1) Any dog not more than four months of age.
2) Owners of dogs certified as assistance dogs by
the Animal Control Division pursuant to state law.
SECTION 6.Santa Monica Municipal Code Section 4.04.390 is hereby amended to read as follows:
Section 4.04. 390 Restrictions upon feeding of
animals and birds in specified areas.
A) No person shall feed any animal or bird in the
area described in Section 3. 36. 150 of this Code or in any designated off- leash area.
B) No person shall permit any food or other matter
edible by animals or birds to remain on the ground after dispersing or dropping it in or on any park, designated offleash area, public street or sidewalk. 7 10.A.d
Packet Pg. 278 Attachment: Attachement D - Ordinance No. 2137 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) C) Any person violating any of the provisions of this
Section shall be guilty of an infraction. Any person convicted of an infraction under the provisions of this Section shall be punishable by a fine of not less than five dollars and not more than twenty-five dollars. Each such person shall be guilty of a separate offense for each and every commission of any violation of any provision of this Section and shall be punished accordingly.
SECTION 7. Santa Monica Municipal Code Section 4. 04.410 is hereby amended to read as follows:
Section 4. 04.410 Vicious dogs.
a) A City Animal Control Officer may issue a
written notice to a person owning or harboring a dog to keep the dog muzzled and leashed if the Animal Control Officer determines, based upon clear and convincing evidence, that the dog is vicious or predatory in nature.
b) No person owning or harboring any dog that
has been determined to be vicious or predatory shall allow or permit such dog to be upon the public streets, public
sidewalks, public parks, or any other public place within the City, or upon any private property which is not fully enclosed 8 10.A.d
Packet Pg. 279 Attachment: Attachement D - Ordinance No. 2137 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) by fence or other barrier, except when muzzled and held under leash by an able bodied person.
c) Any person violating any of the provisions of this
Section shall be guilty of an infraction. Any person convicted of an infraction under the provisions of this Section shall be punishable by a fine of not less than five dollars and not more than twenty-five dollars. Each such person shall be guilty of a separate offense for each and every commission of any violation of any provision of this Section and shall be punished accordingly.
SECTION 8.Section 4. 04.415 is hereby added to the Santa Monica Municipal Code to read as follows:
Section 4.04. 415. Appeals.
Any animal owner who is aggrieved by a decision of
the Animal Control Officer made pursuant to Municipal Code Section 4. 04. 280 or 4. 04.410 may obtain review of that determination by filing a notice of appeal with the Chief of Police who shall, after providing notice and an opportunity to be heard, render a final decision.
SECTION 9.Santa Monica Municipal Code Section 3.04. 110 is hereby repealed in its entirety.
9 10.A.d
Packet Pg. 280 Attachment: Attachement D - Ordinance No. 2137 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) SECTION 10. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 11. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 12. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
10 10.A.d
Packet Pg. 281 Attachment: Attachement D - Ordinance No. 2137 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) Approved and adopted this 10th day of August, 2004.
Richard Bloom, Mayor
State of California
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2137 (CCS) had its introduction on August 3, 2004, and was adopted at the Santa Monica City Council meeting held on August 10, 2004, by the following vote:
Ayes: Council members: Mayor Pro Tem McKeown, Genser, Feinstein, O' Connor
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Mayor Bloom, Katz, Holbrook
ATTEST:
Maria M. Stewart, City lerk
11 10.A.d
Packet Pg. 282 Attachment: Attachement D - Ordinance No. 2137 (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 1 Xavier Mota
From: Nathan Smithson <[email protected]>
Sent: Monday, November 13, 2023 6:15 PM
To: councilmtgitems
Cc: Cindy Pfeifer
Subject: Support for Item 10.A - Updates to ordinance to Prohibit Feeding Animals or Birds on the Pier
EXTERNAL
Dear City Council Members –
The Santa Monica Pier Lessees Association, representing key stakeholders and businesses on the Santa Monica Pier, would like to support City Staff’s recommendations to amend Santa Monica Municipal Code Chapter 4.04.390 to Prohibit Feeding Animals or Birds on the Pier and the Beach, item 10.A on your agenda for Tuesday, November 14.
As you are well aware, the beaches around the pier regularly make Heal the Bay’s Beach Bummer List (tied for the top spot just this summer). Their report states that “bird feces is suspected to be the main culprit for the poor water quality” at the pier. Many of our member businesses report seeing pier guests feeding birds, particularly pigeons. We support the changes to the city’s ordinance to include the pier and beach in the existing areas where feeding of wild animals is already prohibited. We are confident this change will enable both police and code enforcement officers working at the pier better options to deter guests from this practice.
On Behalf of the 33 pier businesses, Thank You!
NATHAN SMITHSON
Director of Marketing and Business Development
O: 310 260 8744 ext. 253
F: 310 899 1826
E: [email protected]
W: www.pacpark.com
Note: I will be out of the office 11/2-6
Pacific Park on the Santa Monica Pier
380 Santa Monica Pier - Santa Monica, CA 90401
Event proposals and related communications are not binding on Pacific Park. Mutual execution of a written contract is required.
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.
This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in ITEM 10.A.
November 14, 2023
ITEM 10.A.
November 14, 2023
10.A.e
Packet Pg. 283 Attachment: Written Comments (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 2 Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here.
ITEM 10.A.
November 14, 2023
ITEM 10.A.
November 14, 2023
10.A.e
Packet Pg. 284 Attachment: Written Comments (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) 1 Xavier Mota
From: [email protected]
Sent: Tuesday, November 14, 2023 8:28 AM
To: councilmtgitems
Subject: November 14, 2023 City Council Meeting - Item 10
EXTERNAL
Item 10 – Ordinances ‐ IntroducƟon and First Reading of an Ordinance Modifying Santa Monica Municipal Code Chapter
4.04.390 to Prohibit Feeding Animals or Birds on the Pier and the Beach.
The residents and business that live and work around the Pier and Beach area fully support this change to the code. We as a group are requesƟng that each council member also supports and pass this change at the meeƟng. Mass bird feeding has no benefits for anyone or anything and only creates long term problems. We are glad that aŌer three years of requesƟng this change that it will finally happen.
The next step is to have the city allocate funds for an acƟve Pigeon abatement program to reverse the build up of the flocks from the last three years of mass feedings on the beach. While the bird neƫng under the bird helps, there are sƟll flocks that will roast on the beach, and on the business buildings/rides on the Pier (this has caused health warning issues). An acƟve program now will help rid most of the problems before the Olympics uses this area.
Thank you,
David Newberg
Santa Monica Beach Resident
ITEM 10.A.
November 14, 2023
ITEM 10.A.
November 14, 2023
10.A.e
Packet Pg. 285 Attachment: Written Comments (5991 : Intro and 1st Reading Ordinance Modifying SMMC 4.04.390 (10 mins)) City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 16.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Recommendation to accept Jonathan Kaplan's resignation from the Landmarks Commission and authorize the City Clerk to publish the vacancy.
Prepared By: Xavier Mota, Staff Assistant III
Approved Forwarded to Council
Attachments:
A. Resignation Letter
16.A
Packet Pg. 286
Jonathan Kaplan
2045 4th Street, Unit 105B
Santa Monica, CA 90405
Stephanie Reich
Design and Historic Preservation Planner
Santa Monica City Hall
1685 Main St Ste 212
Santa Monica, CA 90401
Hi Stephanie -
I am writing to inform you that I will be moving out of the City of Santa Monica and will therefore need to step down from my position on the Santa Monica Landmarks Commission as of October 1, 2023.
Thank you,
Jonathan Kaplan
16.A.a
Packet Pg. 287 Attachment: Resignation Letter (6132 : Resignation: Landmarks Commision J. Kaplan (2 Mins.)) City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 16.B
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Councilmember Torosis, Councilmember Zwick and Mayor Davis that the City Council support California Proposition 1.
Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
Attachments:
A. Support Prop 1_20231114
B. Written Comments
16.B
Packet Pg. 288
Request of Councilmember Torosis, Councilmember Zwick and Mayor Davis that the City Council support California Proposition 1.
The extreme housing shortage coupled with the exorbitant cost of living throughout the State of California has led to our prevailing crisis of homelessness and housing insecurity. California State Proposition 1 will transform our state’s mental health system.
This landmark proposition will reallocate billions of dollars to Californians with the most severe mental health needs, including those living in encampments and those with the highest problems with addiction and substance use. In fact, this investment would be the single largest expansion of California’s behavioral health treatment and residential settings in our state’s history – creating new, dedicated housing for people experiencing or at risk of homelessness who have behavioral health needs. Through a $6.38 billion bond, tens of thousands of Californians annually will receive mental health and addiction services, more than 11,000 housing settings will be created for residents with the most severe needs, and $1 billion will be allocated to veterans experiencing homelessness (Treatment not Tents, 2023).
The state funding granted by Proposition 1 will directly support Santa Monica’s work to solve our homeless and behavioral health crisis. Santa Monica has dedicated unprecedented City resources to combating homelessness and providing mental health services. However, Santa Monica must ensure our State likewise provides treatment and long-term housing for people with acute mental illness and substance use addiction if we are to reduce homelessness to functional zero.
Therefore, Councilmembers Torosis and Zwick and Mayor Davis request that the City Council support California Proposition 1 appearing on the March 5, 2024 California primary election ballot to continue working toward a sustainable solution to the homelessness crisis across the State of California, and direct the City Manager issue a press release indicating the City Council’s support for Proposition 1: Treatment not Tents, and send letters of support from the City to the Governor, Senator Ben Allen, Assemblymember Rick Zbur, and to the proponents of Proposition 1.
16.B.a
Packet Pg. 289 Attachment: Support Prop 1_20231114 (6139 : Support Proposition 1) 1 Xavier Mota
From: Ellis Raskin <[email protected]>
Sent: Tuesday, November 14, 2023 10:56 AM
To: councilmtgitems; Gleam Davis; Lana Negrete; Phil Brock; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick
Cc: Douglas Sloan; David White
Subject: Agenda Items 16-B and 16-C -- Strong Support
EXTERNAL
Dear Hon. Councilmembers:
I urge you to support agenda items 16‐B and 16‐C:
Item 16‐B: As one commenter recently noted: "By ensuring individuals have access to the mental health services they need, Proposition 1 could substantially mitigate the burden on the incarceration system as a default mental health provider, marking a significant shift toward a more humane and effective approach to mental health care in California." For that reason, I strongly urge you to support this agenda item.
Item 16‐C: It is imperative that we make every effort to support safe and accessible streets. Last year, in Los Angeles County, more people were killed by cars than by guns (source:
https://www.latimes.com/california/newsletter/2023‐01‐19/essential‐california‐2022‐traffic‐violence‐essential‐ california). We need to do better. We need to promote daylighting, build more protected bike lanes, and install more stop signs. Please support this agenda item.
Best,
Ellis Raskin
ITEM 16.B.
November 14, 2023
ITEM 16.B.
November 14, 2023
16.B.b
Packet Pg. 290 Attachment: Written Comments (6139 : Support Proposition 1) 1 Xavier Mota
From: Ralph Mechur <[email protected]>
Sent: Tuesday, November 14, 2023 3:53 PM
To: councilmtgitems
Subject: 11/14/23 Agenda items
EXTERNAL
Please support item 16 B and C on tonight's agenda.
Supporting16B will provide Council support for Prop 1 on the March 5, 2024 election. Prop 1 will help Santa Monica's work on the homeless and mental health crisis by providing State funds for homeless housing and mental health services with a focus on verterans.
Supporting 16C will provide action to make our streets safe for cyclists. There should be zero fatalities in our city. Let's make it a reality.
‐‐
Ralph Mechur
Ralph Mechur Architects
3400 Airport Avenue, #5
Santa Monica, CA 90405
o: 310‐398‐2940
m: 310‐721‐1254
ITEM 16.B.
November 14, 2023
ITEM 16.B.
November 14, 2023
16.B.b
Packet Pg. 291 Attachment: Written Comments (6139 : Support Proposition 1) City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 16.C
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Councilmember Zwick, Councilmember Torosis, and Mayor Davis to strengthen the City’s Vision Zero commitment to eliminate all fatal and severe-injury crashes from Santa Monica’s roads in light of the recent tragic fatal crash involving a cyclist on Idaho Avenue. Santa Monica has made great strides in advancing this ambitious goal, yet more work remains to fully realize the initiative. To that end, the City Council directs the City Manager to work with staff to implement the following initiatives to improve roadway safety through what are commonly referred to as the three E’s of transportation safety: engineering, enforcement, and education.
Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
Attachments:
A. Strengthening Vision Zero commitment_20231114
B. Written Comments
16.C
Packet Pg. 292
Request of Councilmember Zwick, Councilmember Torosis, and Mayor Davis to strengthen the City’s Vision Zero commitment to eliminate all fatal and severe-injury crashes from Santa Monica’s roads in light of the recent tragic fatal crash involving a cyclist on Idaho Avenue. Santa Monica has made great strides in advancing this ambitious goal, yet more work remains to fully realize the initiative. To that end, the City Council directs the City Manager to work with staff to implement the following initiatives to improve roadway safety through what are commonly referred to as the three E’s of transportation safety: engineering, enforcement, and education.
Specifically, City Council directs the City Manager to implement the following steps to improve community safety, along with inter-departmental coordination and public communications:
• Immediately initiate engineering analysis of outstanding community requests to upgrade intersections to all-way stops, with the intersections on Idaho Avenue to be prioritized. • Develop and publish locally tailored City of Santa Monica guidelines for upgrading unsignalized intersections to all-way stop controlled intersections that further our City’s adopted goal of zero fatal and severe-injury crashes.
• Upgrade the portal through which residents can report a dangerous intersection, allowing for staff to determine a variety of possible safety interventions, including all-way stops, traffic circles, and diverters. In all such analyses, the determination that furthers our City’s adopted goal of zero fatal and severe-injury crashes shall be recommended whenever possible.
• Establish criteria for the use of “Cross Traffic Does Not Stop” warning signs at two-way stop-controlled intersections that are not recommended for conversion, and develop an installation plan and timetable for such signage on intersections that meet the criteria. • Establish a regular meeting series between the Santa Monica Police Department and Department of Transportation to review traffic safety enforcement priorities, including locations and violations of highest concern, and capacity for reallocation of enforcement resources to priority areas and violations.
• Refresh the City’s popular “Take the Friendly Road” roadway safety messaging campaign and initiate a new push of community messaging, including, but not limited to, bus ads, public service announcements, digital media efforts, and physical collateral. • Develop and submit a proposal in the upcoming biennial CIP process that evaluates and proposes safety countermeasures including the creation of “daylighting” zones to address illegal parking that obstructs sightlines, with a focus on priority unsignalized intersections as identified in the 2022 Local Roadway Safety Plan.
• Identify shortfalls in resources, if any, required to implement these vital safety measures, and consider possible sources of funding needed beyond any CIP dollars requested per the above item, including, but not limited to, transportation impact fees, administrative fines for parking violations, the parking facilities tax, and any available grants.
16.C.a
Packet Pg. 293 Attachment: Strengthening Vision Zero commitment_20231114 (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Kush Mittal <[email protected]>
Sent: Friday, November 10, 2023 3:24 PM
To: Gleam Davis; Lana Negrete; Phil Brock; Christine Parra; Caroline Torosis; Oscar de la Torre; Jesse Zwick; councilmtgitems
Subject: Support for City's Commitment to Zero Traffic Fatalities (16C)
EXTERNAL
Councilmembers,
I support the moƟon by Councilmembers Zwick and Torosis and Mayor Davis to keep our city’s intersecƟons safer! Our city council must reaffirm Santa Monica's commitment to eliminate all fatal and severe‐injury crashes from Santa Monica’s roads in light of the recent tragic fatal crash involving a cyclist on Idaho Avenue Please vote to make Santa Monica's Streets safer for me and my family! ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 294 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Jahan Bruce <[email protected]>
Sent: Friday, November 10, 2023 4:00 PM
To: Gleam Davis; Lana Negrete; Phil Brock; Christine Parra; Caroline Torosis; Oscar de la Torre; Jesse Zwick; councilmtgitems
Subject: Support (with recommendations) for City's Commitment to Zero Traffic Fatalities (16C)
EXTERNAL
Dear Councilmembers,
I support the moƟon by Councilmembers Zwick and Torosis and Mayor Davis to keep our city’s intersecƟons safer! However I do not think the recommendaƟons put forth go nearly far enough. I do not think it is possible to achieve vision zero so long as cars conƟnue to be allowed on the roads. In light of their numerous economic, social, and environmental problems , I support the council going even further and planning for a car free future for Santa Monica. A future where everyone walks, bikes, or takes public transit. A future where no person fears for their life when they step outside. A future of sustainability, community, and peace.
Please vote to make Santa Monica's Streets safer for me and my family! Thank you
Best,
Jahan Bruce
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 295 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Michele C <[email protected]>
Sent: Friday, November 10, 2023 5:53 PM
To: Gleam Davis; Lana Negrete; Phil Brock; Christine Parra; Caroline Torosis; Oscar de la Torre; Jesse Zwick; councilmtgitems
Subject: Support for City's Commitment to Zero Traffic Fatalities (16C)
EXTERNAL
Councilmembers,
I'm a 20+ year resident, and Santa Monica is my chosen home town. I love all the new changes that make streets safer for pedestrians and bicyclists. Please keep doing more of this! Safety is one of the biggest reasons why people don't want to walk or bike for short trips. If the goal of zero pedestrian deaths isn't enough to encourage us as a city to create safe alternatives to car travel, please consider the impact on car traffic. We don't have room for more roads, but with improved design we can reduce the number of people who use cars for short trips.
I support the motion by Councilmembers Zwick and Torosis and Mayor Davis to keep our city’s intersections safer! Our city council must reaffirm Santa Monica's commitment to eliminate all fatal and severe‐injury crashes from Santa Monica’s roads in light of the recent tragic fatal crash involving a cyclist on Idaho Avenue Please vote to make Santa Monica's Streets safer for me and my family! ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 296 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: jcrtll <[email protected]>
Sent: Friday, November 10, 2023 6:15 PM
To: Gleam Davis; Lana Negrete; Phil Brock; Christine Parra; Caroline Torosis; Oscar de la Torre; Jesse Zwick; councilmtgitems
Subject: Support for City's Commitment to Zero Traffic Fatalities (16C)
EXTERNAL
Councilmembers,
I support the moƟon by Councilmembers Zwick and Torosis and Mayor Davis to keep our city’s intersecƟons safer! Our city council must reaffirm Santa Monica's commitment to eliminate all fatal and severe‐injury crashes from Santa Monica’s roads in light of the recent tragic fatal crash involving a cyclist on Idaho Avenue Please vote to make Santa Monica's Streets safer for me and my family! ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 297 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Gregg Chadwick <[email protected]>
Sent: Friday, November 10, 2023 6:34 PM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: I support Item 16C!
EXTERNAL
Dear Santa Monica City Council,
As a Santa Monica resident, I am writing in support of item 16C.
Santa Monica has made great progress towards our Vision Zero goals, yet more work needs to be done, as tragically shown by several recent collisions, including Tania Mooser’s fatal collision with a car that occurred at 19th & Idaho.
Twitter/X user Mobility For Who offers a little more information about the crash site.
This is a 2‐way stop, that the victim apparently rode through, but it’s also a neighborhood residential street with schools nearby. People have been asking the city for traffic calming measures there for years, from what I hear from residents. Drivers use 19th to cut through the neighborhood to get to/from San Vicente, so I guess the street is just setup to let them do that.
If you’re riding Idaho and crossing there, you’re basically just hoping that a speeding car isn’t coming hidden behind parked cars, so rolling through that stop sign often feels safer, just to get out of there as quickly as possible.
I passed by the intersection today to pay homage to Tania and as I was walking home later, I saw that another pedestrian/cyclist collision with a car had happened at the same intersection around 11:20 this morning.
We must do everything we can to prevent fatal and severe injury crashes, and the solutions exist, so let’s implement them as soon as possible.
The implementation of this item has the potential to make our streets safer for all road users, and to help us move towards our Vision Zero goals, as well as our sustainability goals. Safer streets benefit all road users, and give more people the option to safely move around our city without the use of a motor vehicle.
Let’s support and implement this item, and let’s continue to do everything we can to make our streets safer for all.
Thank you,
Gregg Chadwick
2308 Schader Drive, Unit 206
Santa Monica, CA 90404
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 298 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 2 ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 299 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 3 ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 300 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Jacob Wasserman <[email protected]>
Sent: Friday, November 10, 2023 7:01 PM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: Support for Item 16C: Commitment to Zero Traffic Fatalities
EXTERNAL
Dear Santa Monica City Council,
As a Santa Monica resident, parent who bikes and walks with his kid, and car-owner, I write in support of Item 16C, to make our city's intersections safer.
Santa Monica has made great progress towards our Vision Zero goals, yet more work needs to be done, as tragically shown by several recent collisions, including the fatal one that occurred at 19th and Idaho.
We must do everything we can to prevent fatal and severe injury crashes, a commitment City Council must reaffirm. Solutions exist, so let's implement them as soon as possible.
The implementation of this item has the potential to make our streets safer for all road users and to help us move towards our Vision Zero and sustainability goals. Safer streets benefit all road users and give more people the option tomove safely around our city without the use of a motor vehicle.
Let's support and implement this item, and let's continue to do everything we can to make our streets safer for all.
Thank you,
Jacob Wasserman
11th and Washington
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 301 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Nick Hawthorne <[email protected]>
Sent: Friday, November 10, 2023 7:14 PM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: I support Item 16C!
EXTERNAL
Dear Santa Monica City Council,
As a Santa Monica resident who bought a house here in large part BECAUSE I was so enamored with our best‐in‐county bike infrastructure, I am writing in support of item 16C.
I love biking through SM, and believe that we can continue to be a beacon on a hill for communities around the Southland to see the benefits of a bike network.
Santa Monica has made great progress towards our Vision Zero goals, yet more work needs to be done, as tragically shown by several recent collisions, including the fatal one that occurred at 19th & Idaho.
We must do everything we can to prevent fatal and severe injury crashes, and the solutions exist, so let’s implement them as soon as possible.
The implementation of this item has the potential to make our streets safer for all road users, and to help us move towards our Vision Zero goals, as well as our sustainability goals. Safer streets benefit all road users, and give more people the option to safely move around our city without the use of a motor vehicle.
Let’s support and implement this item, and let’s continue to do everything we can to make our streets safer for all.
Thank you,
Nicholas Hawthorne
3020 17th St 90405
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 302 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: [email protected]
Sent: Friday, November 10, 2023 7:21 PM
To: Gleam Davis; Lana Negrete; Phil Brock; Christine Parra; Caroline Torosis; Oscar de la Torre; Jesse Zwick; councilmtgitems
Subject: Support for City's Commitment to Zero Traffic Fatalities (16C)
EXTERNAL
Councilmembers,
I support the moƟon by Councilmembers Zwick and Torosis and Mayor Davis to keep our city’s intersecƟons safer! Our city council must reaffirm Santa Monica's commitment to eliminate all fatal and severe‐injury crashes from Santa Monica’s roads in light of the recent tragic fatal crash involving a cyclist on Idaho Avenue Please vote to make Santa Monica's Streets safer for me and my family! Sent from my iPhone
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 303 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Carter Rubin <[email protected]>
Sent: Friday, November 10, 2023 8:27 PM
To: Gleam Davis; Lana Negrete; Phil Brock; Christine Parra; Caroline Torosis; Oscar de la Torre; Jesse Zwick; councilmtgitems
Subject: Support for City's Commitment to Zero Traffic Fatalities (16C)
EXTERNAL
Councilmembers,
I support the moƟon by Councilmembers Zwick and Torosis and Mayor Davis to keep our city’s intersecƟons safer! Our city council must reaffirm Santa Monica's commitment to eliminate all fatal and severe‐injury crashes from Santa Monica’s roads in light of the recent tragic fatal crash involving a cyclist on Idaho Avenue Please vote to make Santa Monica's Streets safer for me and my family! Best,
Carter
310‐200‐1088
(Sent while mobile)
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 304 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Jason DeVita <[email protected]>
Sent: Saturday, November 11, 2023 5:49 AM
To: Gleam Davis; Lana Negrete; Phil Brock; Christine Parra; Caroline Torosis; Oscar de la Torre; Jesse Zwick; councilmtgitems
Subject: Support for City's Commitment to Zero Traffic Fatalities (16C)
EXTERNAL
Councilmembers,
I support the motion by Councilmembers Zwick and Torosis and Mayor Davis to keep our city’s intersections safer! Our city council must reaffirm Santa Monica's commitment to eliminate all fatal and severe‐injury crashes from Santa Monica’s roads in light of the recent tragic fatal crash involving a cyclist on Idaho Avenue Please vote to make Santa Monica's Streets safer for me and my family!
Sincerely,
Jason DeVita
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 305 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Stephen Haydel <[email protected]>
Sent: Saturday, November 11, 2023 8:23 AM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: I support Item 16C! Make Idaho Avenue Safe for Grandkids!
EXTERNAL
Dear Santa Monica City Council,
As a grandparent of my two grandchildren that live in Santa Monica, I am writing in support of item 16C.
My grandkids live off of Idaho and 21st street. They are learning how to walk, run and bike on the sidewalks in the neighborhood. I regularly follow them to Franklin Elementary School on Idaho Avenue. I am appalled that city engineers prioritized vehicle speed over safety of kids in this neighborhood. While every cross street on Washington Avenue has a stop sign, half of the cross streets on Idaho do not have a stop sign. This creates a dangerous situation for all residents. Motorists, adults walking and biking, and especially kids learning how to navigate the world on foot or bike.
Cars coming down the hill from Montana regularly exceed the speed limit. Trying to hold onto a kid, while peering around parked cars for speeding motorists is stressful and dangerous.
While Santa Monica has made some progress towards Vision Zero goals, more work needs to be done, as tragically shown by several recent collisions, including the fatal one that occurred at 19th & Idaho.
You, as City Council members, need to make the addition of stop signs and safe crosswalks along all of Idaho Avenue a priority. Adding stop signs and stop lines should be a quick build that could be done in less than a month while adding raised crosswalks and/or curb bulb‐outs, like what has been done on Washington Ave around Lincoln MS, could be done over the next year.
Thank you,
Stephen Haydel
Boulder, Colorado
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 306 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Matthew Finlayson <[email protected]>
Sent: Saturday, November 11, 2023 3:47 PM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: I support Item 16C!
EXTERNAL
Dear Santa Monica City Council,
As a Santa Monica resident, I am wriƟng in support of item 16C.
Santa Monica has made great progress towards our Vision Zero goals, yet more work needs to be done, as tragically shown by several recent collisions, including the fatal one that occurred at 19th & Idaho.
We must do everything we can to prevent fatal and severe injury crashes, and the soluƟons exist, so let’s implement them as soon as possible.
The implementaƟon of this item has the potenƟal to make our streets safer for all road users, and to help us move towards our Vision Zero goals, as well as our sustainability goals. Safer streets benefit all road users, and give more people the opƟon to safely move around our city without the use of a motor vehicle.
Let’s support and implement this item, and let’s conƟnue to do everything we can to make our streets safer for all.
Thank you,
MaƩhew Finlayson
1629 CenƟnela Ave
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 307 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Mark McNulty <[email protected]>
Sent: Saturday, November 11, 2023 4:57 PM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: I support Item 16C!
EXTERNAL
Dear Santa Monica City Council,
As a Santa Monica resident, I am wriƟng in support of item 16C.
Santa Monica has made great progress towards our Vision Zero goals, yet more work needs to be done, as tragically shown by several recent collisions, including the fatal one that occurred at 19th & Idaho.
We must do everything we can to prevent fatal and severe injury crashes, and the soluƟons exist, so let’s implement them as soon as possible.
The implementaƟon of this item has the potenƟal to make our streets safer for all road users, and to help us move towards our Vision Zero goals, as well as our sustainability goals. Safer streets benefit all road users, and give more people the opƟon to safely move around our city without the use of a motor vehicle.
I’ve sent Phil Brock a LinkedIn message and never heard back and sent a message to city hall and was basically told to kick rocks. I’m absolutely Ɵred of feeling unsafe on our streets because of drivers. Lets do something about it. Prove that you care.
Let’s support and implement this item, and let’s conƟnue to do everything we can to make our streets safer for all.
Thank you,
Mark McNulty
900 Block 12th.
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 308 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Eli Gill <[email protected]>
Sent: Saturday, November 11, 2023 9:42 PM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: Make these streets safer. I support Item 16C!
EXTERNAL
Dear Santa Monica City Council,
As a Santa Monica resident, I am writing in support of item 16C.
Santa Monica has made great progress towards our Vision Zero goals, yet more work needs to be done, as tragically shown by several recent collisions, including the fatal one that occurred at 19th & Idaho.
It is time to stop paying lip service to Vision Zero and use current best practices to change our streets! We must do everything we can to prevent fatal and severe injury crashes, and the solutions exist, so let’s implement them as soon as possible.
The implementation of this item has the potential to make our streets safer for all road users, and to help us move towards our Vision Zero goals, as well as our sustainability goals. Safer streets benefit all road users, and give more people the option to safely move around our city without the use of a motor vehicle.
Let’s support and implement this item, and let’s continue to do everything we can to make our streets safer for all.
Thank you,
Eli Gill
Wilmont neighborhood resident
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 309 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Diana Williams <[email protected]>
Sent: Sunday, November 12, 2023 1:37 PM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: I support Item 16C!
EXTERNAL
Dear Santa Monica City Council,
As a Santa Monica resident, I am writing in strong support of item 16C.
Santa Monica has much more work to do in order to meet its Vision Zero goals, as tragically shown by several recent collisions, including the fatal one that occurred at 19th & Idaho.
I am skeptical of the value of "education" campaigns like the "Take the Friendly Road" signs and billboards. Such campaigns are useless against the kinds of distracted, speeding, or otherwise impaired drivers who would mow down the 8 foot reflective crosswalk sign on the pedestrian refuge island at the intersection of 25th and Washington.
Motorists have knocked down that sign at least five times since its installation less than four years ago; it is one block from a popular elementary school in one direction, and one block from a popular playground in the other.
We must do more to prevent fatal and severe injury crashes, and the solutions exist, so let’s implement them as soon as possible.
The implementation of this item has the potential to make our streets safer for all road users, and to help us move towards our Vision Zero goals, as well as our sustainability goals. Safer streets benefit all road users, and give more people the option to safely move around our city without the use of a motor vehicle.
Let’s support and implement this item, and let’s continue to do everything we can to make our streets safer for all.
Thank you,
Diana Williams
1000 block 25th ST
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 310 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: April DS <[email protected]>
Sent: Sunday, November 12, 2023 2:35 PM
To: Gleam Davis; Lana Negrete; Phil Brock; Christine Parra; Caroline Torosis; Oscar de la Torre; Jesse Zwick; councilmtgitems
Subject: Support for City's Commitment to Zero Traffic Fatalities (16C)
EXTERNAL
Councilmembers,
I support the motion by Councilmembers Zwick and Torosis and Mayor Davis to keep our city’s intersections safer! Our city council must reaffirm Santa Monica's commitment to eliminate all fatal and severe‐injury crashes from Santa Monica’s roads, particularly in light of the recent tragic fatal crash involving a cyclist on Idaho Avenue, followed by another incident at the same intersection where a car hit a cyclist.
Please vote to make Santa Monica's Streets safer for me and my family! I live and bike in Santa Monica, and I always vote.
Thank you,
April De Stefano
90404
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 311 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Peter DiChellis <[email protected]>
Sent: Sunday, November 12, 2023 3:17 PM
To: councilmtgitems
Subject: Item 14C Vision Zero
EXTERNAL
The two recent collisions, including a fatality, at 19th and Idaho are terrible. In order to prevent future incidents, safety programs need to reach beyond motor vehicles.
Specifically, limiƟng the “three E’s” of transportaƟon safety (“engineering, enforcement, and educaƟon”) to passenger motor vehicles will not solve the problem.
Survey of one: I live in the neighborhood of 19th and Idaho. I do not know the full circumstances of the recent collisions but I can tell you other bicycles here seldom even slow down for Stop signs, with far too many bicyclists simply glancing for cross traffic and aggressively speeding forward, head down and legs pumping, to power through the intersecƟon ahead of any approaching traffic. Unfortunately, a collision with a 2,000 lb. motor vehicle will physically overwhelm a bicycle, regardless of circumstances.
In light of these real‐world issues, please do not limit traffic safety enforcement and educaƟon prioriƟes to passenger motor vehicles. Scooters and bicycles must be included for any safety program to be effecƟve.
And when idenƟfying shorƞalls in resources, if any, that are required to implement vital safety measures, consider possible sources of funding that include all vehicles using Santa Monica roadways, such as delivery vehicles, scooters, and bicycles.
An effecƟve safety program will need informaƟon, engineering, enforcement, and educaƟon that go well beyond passenger motor vehicles and their drivers.
Sincerely,
Peter DiChellis
Santa Monica 90403
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 312 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Dan Hall <[email protected]>
Sent: Sunday, November 12, 2023 5:09 PM
To: councilmtgitems; Gleam Davis; Lana Negrete; Phil Brock; Christine Parra; Oscar de la Torre; Caroline Torosis; Jesse Zwick; David White
Cc: [email protected]; [email protected]
Subject: SUPPORT - Item 16C "Strengthening the City's Vision Zero Commitment" on Tuesday, November 14th
EXTERNAL
Mayor Davis, Mayor Pro Tempore Negrete, Councilmembers Brock, Parra, de la Torre, Torosis, and Zwick:
As a Santa Monica resident and daily bicycle or walking commuter, I am writing in support of Item 16C.
Santa Monica has made great progress towards our Vision Zero goals, yet more work needs to be done, as tragically shown by several recent collisions, including the fatal one that occurred at 19th & Idaho.
We must do everything we can to prevent fatal and severe injury crashes. The solutions exist, let’s implement them as soon as possible:
1) additional protected intersections like the newly built 17th and Arizona and 17th and Broadway; ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 313 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 2 2) additional protected cycle tracks such as on Ocean and 17th St; ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 314 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 3 3) ensure daylighting zones at intersections;
4) built infrastructure protecting daylighting zones such as bollards, bike racks, mobility parking zones, sidewalk build outs...
...so that this doesn't happen:
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 315 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 4 5) Help prevent this^ illegal parking with dedicated delivery drop off zones, as recommended by the National Association of Transportation Officials (NACTO):
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 316 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 5 6) Implement policies that city staff should not use daylight zones to park city vehicles; 7) Additional four way stop intersections and speed bumps where necessary to slow traffic (for example: 19th and Idaho).
The implementation of this item has the potential to make our streets safer for all road users, and to help us move towards our Vision Zero goals, as well as our sustainability goals. Safer streets benefit all road users, and give more people the option to safely move around our city without the use of a motor vehicle.
I've been particularly impacted in such a positive way by the new four way stop intersections at Arizona and Princeton and Arizona and Harvard as well as the new pedestrian safety measures taken on Wilshire. I frequently walk and ride my bicycle through these intersections and walk on Wilshire almost daily. Let's build more infrastructure like this to ensure our streets are safe for all modes of transportation: cars, bikes, pedestrians, strollers, scooters, etc.
Please support this item, and let’s continue to do everything we can to make our streets safer for all.
Thank you,
Dan Hall
Photo cred:
1) By PRZ ‐ Own work, CC BY‐SA 4.0, https://commons.wikimedia.org/w/index.php?curid=75366906 from "Protected Instersections" wikipedia page
2) City of Santa Monica
3) City of Santa Monica
4) Downtown DC BID and myself, here in Santa Monica on October 17, 2023 5) NACTO
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 317 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Dr Michael Cahn <[email protected]>
Sent: Sunday, November 12, 2023 7:05 PM
To: councilmtgitems
Subject: Agenda Item 16C: Vision Zero
EXTERNAL
Dear Members of the Santa Monica City Council
I attended a memorial event for Tania Mooser who was killed on Idaho Ave two weeks ago. I very much appreciate the initiative before you. We must not allow her death to become meaningless. We owe it to her to make Santa Monica safer for all.
Please allow me add a few suggestions to the impressive list (attached) you have compiled for the council meeting (item 16C) on Tuesday
Bulb Outs: Santa Monica has in the last few years grown many bulb‐outs around our schools. Applause! Mayor Phil Brock surprised me when he confessed, at the memorial for Tania Mooser, that he did not know what bulb outs are. He wanted me to explain. "Let's have a look at them together." He surely spoke in jest. Bulb Outs are an effective way to make our streets more pedestrian friendly by shortening the crossing distance. Applause for all our Bulb‐Outs. What has been missing in Santa Monica, because of the pandemic, is a proper celebration and education about this important feature. Even the Mayor. The school district should lead such a celebration/education campaign, because SMMUSD can reach all the parents who continue to hurt our communities by driving their children to school. Bike It, Walk It // Burn Calories, not Carbon. Whenever I have witnessed fragments of the road safety conversation between SMPD and SMUSD, I found it pathetic. It needs a lot of help. It needs a fully funded Safe Routes to School (SRTS) coordinator I applaud the initiative in front of you. Printed, on paper, the fifth and following items show a faint grey background. This throws shade on the first item involving the SMPD. Rightly so.
SMPD is Car Brained: Under item 5H (Consent Calendar) you have earlier approved the expense of three million dollars for a large number of interceptor SUV vehicles. Ask yourself how these military grade vehicles may contribute to the safety of vulnerable road users. Ask yourself, how many SRTS coordinators you could get for this money. The Interceptors project a lot of muscle, but your safety agency should not be in the business of projecting such motorized might. It must be seen on the side of vulnerable road users.
SMPD is Car Brained: The mission of their traffic division is facilitating car traffic: They do not have a traffic safety mission.
SMPD is Car Brained: In 2016 the Council adopted the Pedestrian Action Plan. I participated in the discussions and noted that SMPD was consistently missing in action. Their contribution to the plan: After the fact statistical reporting. Just that.
They saw no role for themselves in road safety. None.
SMPD is Car Brained: For many years they have received funding from the CA Office of Traffic Safety OTS. The program, and the press releases issued in its course were always laughable and reeked of car brain. The OTS funding is wasted on SMPD, and I have repeatedly complained to the OTS about that the funds are used to facilitate traffic flow, rather than traffic safety, in Santa Monica.
SMPD is Car Brained: After a meeting with the city manager, I had the pleasure to go on a bike ride with Sergeant Erika Aklufi in 2017 and laid out some of the issues faced by non‐motorized road users. She promised to get back to me and work on behalf of vulnerable road users. She has never done so. SMPD MIA.
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 318 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 2 Alas, we do not need regular meetings with SMPD (Item 5). This has been a lost cause for the last 10 years. Ensconced in their vehicles, SMPD can not hear our concerns. Car brained. Just order them to conduct weekly crosswalk sting operations, order them to install speed cameras, order their officers to patrol on bicycles and on foot. An officer outside of a car is perhaps the most effective road safety tool.
Health: Santa Monica is home to major medical providers. They are tax exempt (501c3). They enjoy the significant privilege to pay no taxes in this city. Yet they are required to do charitable work. They like to list their marketing effort, unreimbursed costs, or education of residents as a charitable contribution. Next time UCLA Health or Providence St Johns come knocking for a permit, tell them that we need a viable Safe Roads to School program, and that healthy transportation is a well documented community health need (CHNA). Tell them to wake up to the health impacts, traumatic and through disincentives, that our fast and dangerous streets claim, if they want to do business in Santa Monica.
‐‐
Dr Michael Cahn
Secretary, UCLA Bicycle Academy
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 319 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Adam Remba <[email protected]>
Sent: Sunday, November 12, 2023 7:14 PM
To: Caroline Torosis; Christine Parra; councilmtgitems; Gleam Davis; Jesse Zwick; Lana Negrete; Oscar de la Torre; Phil Brock
Subject: Support for City's Commitment to Zero Traffic Fatalities (16C)
EXTERNAL
Councilmembers, I support the motion by Councilmembers Zwick and Torosis and Mayor Davis to keep our city’s intersections safer! Our city council must reaffirm Santa Monica's commitment to eliminate all fatal and severe‐injury crashes from Santa Monica’s roads in light of the recent tragic fatal crash involving a cyclist on Idaho Avenue Please vote to make Santa Monica's Streets safer for me and my family! Thank you,
Adam
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 320 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: [email protected]
Sent: Monday, November 13, 2023 8:02 AM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: I support Item 16C!
EXTERNAL
Dear Santa Monica City Council,
As a Santa Monica resident, I am wriƟng in support of item 16C.
Santa Monica has made great progress towards our Vision Zero goals, yet more work needs to be done, as tragically shown by several recent collisions, including the fatal one that occurred at 19th & Idaho.
We must do everything we can to prevent fatal and severe injury crashes, and the soluƟons exist, so let’s implement them as soon as possible.
The implementaƟon of this item has the potenƟal to make our streets safer for all road users, and to help us move towards our Vision Zero goals, as well as our sustainability goals. Safer streets benefit all road users, and give more people the opƟon to safely move around our city without the use of a motor vehicle.
Let’s support and implement this item, and let’s conƟnue to do everything we can to make our streets safer for all.
I’m very grateful for the new stop signs on 5th/Strand which were placed 9 months aŌer I submiƩed a request explaining the danger of this intersecƟon, let’s keep the momentum going! Thank you,
Mike Etzel
2400 Beverley Avenue
Sent from my iPhone
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 321 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Wendy Dembo <[email protected]>
Sent: Monday, November 13, 2023 8:26 AM
To: Gleam Davis; Lana Negrete; Phil Brock; Christine Parra; Caroline Torosis; Oscar de la Torre; Jesse Zwick; councilmtgitems
Subject: Support for City's Commitment to Zero Traffic Fatalities (16C)
EXTERNAL
Dear Councilmembers,
I support the moƟon by Councilmembers Zwick and Torosis and Mayor Davis to keep our city’s intersecƟons safer! You need to look at the intersecƟon of Washington and 21st. I need to cross Washington to get my daughter home from school. It is so dangerous.
Our city council must reaffirm Santa Monica's commitment to eliminate all fatal and severe‐injury crashes from Santa Monica’s roads in light of the recent tragic fatal crash involving a cyclist on Idaho Avenue Please vote to make Santa Monica's Streets safer for me and my family! Thanks,
Wendy Dembo
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 322 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Robin Roy <[email protected]>
Sent: Monday, November 13, 2023 8:37 AM
To: Gleam Davis; Lana Negrete; Phil Brock; Christine Parra; Caroline Torosis; Oscar de la Torre; Jesse Zwick; councilmtgitems
Subject: Support for City's Commitment to Zero Traffic Fatalities (16C)
EXTERNAL
Councilmembers,
I support the moƟon by Councilmembers Zwick and Torosis and Mayor Davis to keep our city’s intersecƟons safer.
The ongoing litany of severe injuries and crashes on Santa Monica’s roads is a disgrace, and vastly underperforms what could be accomplished for safe, amenable public roadways.
Our city council must reaffirm Santa Monica's commitment to eliminate all fatal and severe‐injury crashes from Santa Monica’s roads.
Please vote to make Santa Monica's Streets safer for me, my family, my friends and our community.
Regards,
Robin Roy
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 323 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Sam Shapiro-Kline <[email protected]>
Sent: Monday, November 13, 2023 8:43 AM
To: Gleam Davis; Lana Negrete; Phil Brock; Christine Parra; Caroline Torosis; Oscar de la Torre; Jesse Zwick; councilmtgitems
Subject: Support for City's Commitment to Zero Traffic Fatalities (16C)
EXTERNAL
Councilmembers,
I support the motion by Councilmembers Zwick and Torosis and Mayor Davis to keep our city’s intersections safer! Our city council must reaffirm Santa Monica's commitment to eliminate all fatal and severe‐injury crashes from Santa Monica’s roads in light of the recent tragic fatal crash involving a cyclist on Idaho Avenue Please vote to make Santa Monica's Streets safer for me and my family!
Sam Shapiro‐Kline
21st & Idaho
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 324 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Moghaddas, Ali (USACAC) <[email protected]> Sent: Monday, November 13, 2023 8:54 AM
To: Gleam Davis; Lana Negrete; Phil Brock; Christine Parra; Caroline Torosis; Oscar de la Torre; Jesse Zwick; councilmtgitems
Subject: Support for City's Commitment to Zero Traffic Fatalities (16C)
EXTERNAL
Councilmembers,
I support the motion by Councilmembers Zwick and Torosis and Mayor Davis to keep our city’s intersections safer! Our city council must reaffirm Santa Monica's commitment to eliminate all fatal and severe‐injury crashes from Santa Monica’s roads in light of the recent tragic fatal crash involving a cyclist on Idaho Avenue Please vote to make Santa Monica's Streets safer for me and my family! ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 325 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Boris Suchkov <[email protected]>
Sent: Monday, November 13, 2023 9:01 AM
To: Gleam Davis; Lana Negrete; Phil Brock; Christine Parra; Caroline Torosis; Oscar de la Torre; Jesse Zwick; councilmtgitems
Subject: Support for City's Commitment to Zero Traffic Fatalities (16C)
EXTERNAL
Councilmembers,
I support the motion by Councilmembers Zwick and Torosis and Mayor Davis to keep our city’s intersections safer! Our city council must reaffirm Santa Monica's commitment to eliminate all fatal and severe‐injury crashes from Santa Monica’s roads in light of the recent tragic fatal crash involving a cyclist on Idaho Avenue.
Please vote to make Santa Monica's Streets safer for me and my family! Thanks,
Boris Suchkov
‐‐
“We take cars for granted and we’re like, yeah, that’s just how you get around. But if you change your perspective and realize what’s really going on, you realize they wreck everything. Like, cars wreck everything. They wreck cities. They wreck your wallet, your finances. They wreck your family. They kill you.
They make you fat. They cost ten times more to make paths and roads for than the alternative of putting stuff closer together and having bikes and walking and stuff. Cars just wreck everything.” -Mr. Money Mustache ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 326 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Stephen Bergauer <[email protected]>
Sent: Monday, November 13, 2023 9:25 AM
To: Caroline Torosis; Christine Parra; Council Mailbox; councilmtgitems; Gleam Davis; Jesse Zwick; Lana Negrete; Oscar de la Torre; Phil Brock
Subject: Item 16C - SUPPORT
EXTERNAL
Councilmembers,
I write in strong support of Item 16C in this week’s council agenda.
Our current street designs create a dangerous environment for everyone, but particularly bikers and pedestrians. We’ve seen this recently where a cyclist was killed and another injured by drivers at the same intersection, two weeks apart.
The city has already taken steps to improve our streets. I live in Wilmont, right near where the new four way stops were installed on Washington. These intersections are now substantially safer for everyone ‐ drivers, bikers, and pedestrians.
The remaining two way intersections encourage speeding and encourage people to race across the intersection, endangering everyone. All of the two way stops in Wilmont should be immediately converted to four way stops. In addition, please add more enforcement of stop signs in the neighborhood and crosswalks along Wilshire ‐ drivers roll right through them, all day, because there are no consequences.
Traffic deaths are a choice, and we can choose to prioritize the safety of all over the speeding of some. Thank you for your time.
Stephen Bergauer
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 327 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Vivian Rothstein <[email protected]>
Sent: Monday, November 13, 2023 9:31 AM
To: Gleam Davis; Lana Negrete; Phil Brock; Christine Parra; Caroline Torosis; Oscar de la Torre; Jesse Zwick; councilmtgitems
Subject: Support for City's Commitment to Zero Traffic Fatalities (16C)
EXTERNAL
Councilmembers,
I support the motion by Councilmembers Zwick and Torosis and Mayor Davis to keep our city’s intersections safer! As a senior driver I need the extra effort by the city to assure that driving alongside bicycles does not result in accidents and injuries.
Our city council must reaffirm Santa Monica's commitment to eliminate all fatal and severe‐injury crashes from Santa Monica’s roads in light of the recent tragic fatal crash involving a cyclist on Idaho Avenue Please vote to make Santa Monica's Streets safer for me and my family! Vivian Rothstein
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 328 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) From: Alissa Keegan
To: Gleam Davis; Lana Negrete; Phil Brock; Christine Parra; Caroline Torosis; Oscar de la Torre; Jesse Zwick; councilmtgitems
Subject: Support for City"s Commitment to Zero Traffic Fatalities (16C) Date: Monday, November 13, 2023 11:12:52 AM
EXTERNAL
Councilmembers,
I live right on Montana and 19th St, one block from the fatal bike injury and had to explain the memorial to my daughter last night. I walk and bike with my two young children aged 5 years and 18 months.
Car and driver behavior is the single biggest threat to my kids' well-being. Cars are regularly going 40 MPH down 19th St to avoid lights on Montana street. Why not make 4-way stops the norm all over Wilmont? And ask officers to ticket those rolling stop signs? The size of cars has ballooned and the behavior of drivers has deteriorated in the last 5 years.
I support the motion by Councilmembers Zwick and Torosis and Mayor Davis to keep our city’s intersections safer!
Please vote to make Santa Monica's Streets safer for me and my family! Alissa Keegan
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 329 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Caro Vilain <[email protected]>
Sent: Monday, November 13, 2023 12:43 PM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: Support for item 16C
EXTERNAL
Dear council,
I’d like to share my support for item 16C.
I am somehow naive enough to assume that everyone on this council will be reasonable enough to support this item without a fuss. But sadly, the reason I am this “hopeful” is the recent tragedy that occurred at 19th & Idaho.
We shouldn’t be responding to fatalities, we should be doing everything we can to prevent them from happening in the first place. A 4-way stop sign is obviously needed there, but it won’t solve our traffic violence crisis. We need to take care of this intersection yesterday, as proven by the other collision that occurred there just a few days ago, and then continue on with MORE intersections, which is why I’m particularly supportive of this item.
I ride my bike everyday in Santa Monica, and I love it. I benefit from it physically, mentally, socially, financially,... and I’m very thankful for the infrastructure that we do have.
I regularly take detours via 17th St and Ocean Ave, just so I can feel safe and comfortable for a few blocks.
But I also nearly get run over by 3 ton death machines on a daily basis.
I’ve been hit more than once, and doored. 3 of these occurred in painted bike lanes, and one occurred in a sharrow. Every single one of these was caused by a careless distracted driver, and the only thing I could’ve done to prevent them was to just not be there, Thankfully, because I’m cautious, hyper aware of my surroundings, and very lucky, I didn’t die or find myself in a critical condition, yet.
I’ll also add that SMPD has proven to be entirely unhelpful in these situations, and if anything, I’d say that their actions, and their words, contribute to traffic violence in our city.
When you choose not to invest more in mobility, in safer streets, in projects that protect the most vulnerable road users, this is what happens. People get hurt, people get killed, people lose loved ones, and we destroy our planet (electric cars aren’t solving that either, by the way).
It doesn’t all have to be complicated. If we wanted to slow cars down right now on 19th St, we could do so with traffic cones, planters, jersey barriers, quick installation of K-71s,... or at the very least, use those to physically prevent vehicles from parking in daylighting zones, which obstructs the view of the intersection and of oncoming traffic.
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 330 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 2 Every single time I’ve ridden by the memorial since the tragedy occurred, a USPS truck was parked illegally there and obstructing the view of the intersection. This happens every day, all over our city, including on streets that children use to get to/from school.
I genuinely believe that we should pay more attention to this specific issue, and to how it is likely to be a contributor to many of the collisions in our city.
I am not only urging you to support this item, but also to continue on this trajectory. We need to put our money and resources where our mouth is. Vision Zero goals, and sustainability goals, mean nothing if we don’t invest in them enough, and if we keep delaying these goals.
We know the problem, and we know the solutions. Let’s stop catering to the problem, and let’s ramp up our efforts to implement the solutions.
Thank you,
Caro Vilain
90404
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 331 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Shahab Yarmohammadi <[email protected]>
Sent: Monday, November 13, 2023 1:24 PM
To: Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; councilmtgitems; David White
Subject: I Support Item 16C to Prioritize Safer Streets for everyone in Santa Monica
EXTERNAL
Dear Santa Monica Mayor Davis and City Council,
I support item 16C by Council Members Zwick, Torosis, and Mayor Davis to strengthen the City’s Vision Zero commitment to eliminate all fatal and severe‐injury crashes from Santa Monica’s roads. Santa Monica has made great progress towards our Vision Zero goals, yet more work needs to be done, as is tragically shown by several recent collisions ‐ including the fatal crash that occurred at 19th and Idaho.
Motion 16C provides tools to make our streets
safer for all road users, and help strengthen our commitment and move us closer in realizing our Vision Zero goals. The City’s Vision Zero commitment creates safer streets that benefit everyone, encourages healthier active transportation options by providing a choice to move around Santa Monica without driving a car, reduces our GHG emissions and helps move us toward our sustainability and climate goals.
Please unanimously support Item 16C so we can do everything possible to make our streets safer everyone!
Shahab Yarmohammadi
[email protected]
+1 424 977 9878 (USA GMT-7)
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 332 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Chasen Daniels <[email protected]>
Sent: Monday, November 13, 2023 1:56 PM
To: Caroline Torosis; Christine Parra; councilmtgitems; David White; Gleam Davis; Jesse Zwick; Lana Negrete; Oscar de la Torre; Phil Brock
Subject: I Support Item 16C to Prioritize Safer Streets for everyone in Santa Monica
EXTERNAL
Dear Santa Monica Mayor Davis and City Council I support item 16C by Council Members Zwick, Torosis, and Mayor Davis to strengthen the City’s Vision Zero commitment to eliminate all fatal and severe‐injury crashes from Santa Monica’s roads. Santa Monica has made great progress towards our Vision Zero goals, yet more work needs to be done, as is tragically shown by several recent collisions ‐ including the fatal crash that occurred at 19th and Idaho. Motion 16C provides tools to make our streets safer for all road users, and help strengthen our commitment and move us closer in realizing our Vision Zero goals. The City’s Vision Zero commitment creates safer streets that benefit everyone, encourages healthier active transportation options by providing a choice to move around Santa Monica without driving a car, reduces our GHG emissions and helps move us toward our sustainability and climate goals. Please unanimously support Item 16C so we can do everything possible to make our streets safer everyone! ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 333 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: Nicole R. <[email protected]>
Sent: Monday, November 13, 2023 2:05 PM
To: Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; councilmtgitems; David White
Cc: Nicole R.
Subject: I Support Item 16C to Prioritize Safer Streets for everyone in Santa Monica
EXTERNAL
Dear Santa Monica Mayor Davis and City Council
I support item 16C by Council Members Zwick, Torosis, and Mayor Davis to strengthen the City’s Vision Zero commitment to eliminate all fatal and severe‐injury crashes from Santa Monica’s roads. Santa Monica has made great progress towards our Vision Zero goals, yet more work needs to be done, as is tragically shown by several recent collisions ‐ including the fatal crash that occurred at 19th and Idaho.
Motion 16C provides tools to make our streets safer for all road users, and help strengthen our commitment and move us closer in realizing our Vision Zero goals. The City’s Vision Zero commitment creates safer streets that benefit everyone, encourages healthier active transportation options by providing a choice to move around Santa Monica without driving a car, reduces our GHG emissions and helps move us toward our sustainability and climate goals.
Please unanimously support Item 16C so we can do everything possible to make our streets safer everyone! I have also seen families struggle to safely cross streets on Idaho to get to Franklin school as only 2 way north to south stop signs exist. There are too many speeding drivers, no speed bumps to slow them down, and we need 4 way stop signs at each intersection on Idaho.
Please take action to ensure greater safety for everyone.
Thank you,
Nicole Rostoker
ITEM 16.C.
November 14, 2023
ITEM 16.C.
November 14, 2023
16.C.b
Packet Pg. 334 Attachment: Written Comments (6140 : Strengthening Vision Zero Commitment) 1 Xavier Mota
From: LUCRECIA SANTIBANEZ <[email protected]>
Sent: Monday, November 13, 2023 2:13 PM
To: councilmtgitems
Subject: Nov 14th meeting - Item 16C
EXTERNAL
Dear City Council
I have been a Santa Monica resident for over 10 years (6 as a homeowner, North of Wilshire). I am increasingly concerned about the safety of our streets, after reading of a 2nd accident on Idaho and 19th. Last year a 16‐year old friend of my son was run over and has a traumatic brain injury that has left her almost completely impaired to this day— on Santa Monica Blvd and Chelsea Ave. And just last week another friend of mine was run over by a car—luckily no major injuries, near SMC. If we truly want to have a city where people use mass transit, bike to work, reduce emissions, and promote healthy lifestyles WE MUST MAKE our STREETS SAFER.
I urge you to start by adding 4‐way stop intersections to ALL streets on Idaho, Washington between 14th and 26th— which is where Lincoln MS, Franklin ES, Douglas Park and SM Montana Library are. These locations are frequented by children, parents, pets, and many, many people who are looking to use and enjoy our schools, parks, and libraries. We CANNOT AFFORD any more accidents.