City of Santa Monica
City Council Meeting
AGENDA
PHIL BROCK
MAYOR
GLEAM DAVIS 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
NIKIMA NEWSOME
INTERIM CITY CLERK
STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive
public process, and tools for forging sound decisions
• Hate has no place in Santa Monica. The City opposes
abusive or threatening hate speech, intolerance, or
dehumanization, and supports basic civil respect and
human decency.
• Listen to others respectfully;
• Exercise self-control;
• Give open-minded consideration
to all viewpoints;
• Focus on the issues and avoid
personalizing debate;
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: 6/4/2024 12:11 PM Page 2
RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11585(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 by 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.
Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.
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. Special Agenda Items (City Manager’s Report,
Presentations, etc.).
4. Closed Session.
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: 6/4/2024 12:11 PM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, MAY 28, 2024
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
Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official.
Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.
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. SPECIAL AGENDA ITEMS
City of Santa Monica Generated: 6/4/2024 12:11 PM Page 4
3.A. 2024 LGBTQ+ Pride Proclamation
3.B. Proclamation: Lung Cancer Action Week
3.C. Commendation: Lunetta
3.D. Commendation: Paul "Chico" Fernandez
3.E. City Manager Report: Reparations & Restorative Justice
4. CLOSED SESSIONS
4.A. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1):
Pico Neighborhood Association and Maria Loya v. City of Santa Monica, L.A.S.C. Case No. BC 616804; 2nd DCA Case No. B295935
4.B. Conference with real estate negotiator - Gov. Code §54956.8; property: 256 Santa Monica Pier, Santa Monica, California; City negotiators: Jennifer Taylor, Economic Development Manager, and Elana Buegoff, Pier and Beach Administrator; owner of record: City of Santa Monica; persons to be negotiated with: Hospitality Industry Management Group, LLC, D.B.A. Rusty’s Surf Ranch, and Greg Morena; under negotiation: price and terms of payment
4.C. Conference with legal counsel - significant exposure to litigation - Gov. Code §54956.9(d)(2),(e)(5): one case - leasehold interest for Rusty’s Surf Ranch - New Item Received 5/24/2024
4.D. Conference with real estate negotiator - Gov. Code §54956.8: property: 1855 Main Street (Civic Auditorium) (APN 4290-013-901); City negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Economic Development Administrator; owner of record: City of Santa Monica; persons to be negotiated with: Russell Geyser and Tim Sexton, Revitalization Partner Group, LLC; under negotiation: price and terms of payment - New Item Received 5/24/2024
4.E. Conference with real estate negotiator - Gov. Code §54956.8: property: 1855 Main Street (Civic Auditorium) (APN 4290-013-901); City negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Economic Development Administrator; owner of record: City of Santa Monica; persons to be negotiated with: Tommy Ginoza, Sugar Monkey Live; under negotiation:
price and terms of payment - Item pulled and will not be heard. 5/25/24
4.F. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1):
Anna Marie Onaindia v. City of Santa Monica; LASC Case No. 21STCV30384
4.G. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1):
In re Bird Global, Inc., et al.; U.S. Bankr. Ct., SD Fla. Case No. 23-20514 (CLC) - New Item Received 5/24/2024
City of Santa Monica Generated: 6/4/2024 12:11 PM Page 5
4.H. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1):
Byron Merlos, et al. v. City of Santa Monica, et al.; LASC Case No. 21STCV07334 [report out only]
The following is the order of business for items to be heard no earlier than 7:00 p.m.
5. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents. No public discussion is permitted on ordinances for second reading and adoption.)
5.A. Award a Contract with ACCO Engineered Systems, Inc. for the Airport Mechanical Equipment Replacement Project, and a Contract With Same Contractor, ACCO Engineered Systems, Inc., for Citywide On-Call Mechanical Equipment Services.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement and Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines;
2. Award Bid # SP2694 to ACCO Engineered Systems, Inc., for Airport Mechanical Equipment Replacement and Additive Alternative Bid for Citywide On-Call Mechanical Equipment Services for the Public Works Department;
3. Authorize the City Manager to negotiate and execute a contract with ACCO Engineered Systems, Inc., in an amount not to exceed $1,993,090 (including a 10% contingency in the amount of $181,190) for Airport Mechanical Equipment Replacement;
4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority for Airport Mechanical Equipment Replacement;
5. Authorize the City Manager to negotiate and execute an agreement with ACCO Engineered Systems, Inc., in an amount not to exceed $5,000,000 for three years, with one-additional one-year renewal option in the amount of $1,500,000, on the same terms and conditions for a total amount not to exceed $6,500,000 over a four-year period, for citywide as-needed mechanical systems repairs and/or replacements, with future year funding contingent on Council budget approval; and
6. Authorize budget amendment as outlined in the Financial Impacts and Budget Actions section of this report (requires 5 votes).
5.B. Award Request For Proposal to Maas Energy For the Purchase of Renewable Natural Gas to Offset the Use of Regular Natural Gas
Recommended Action
Staff recommends that the City Council:
City of Santa Monica Generated: 6/4/2024 12:11 PM Page 6
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;
2. Award RFP #396 to Maas Energy for the procurement and supply of renewable natural gas to offset the current use of natural gas, and the management of low carbon fuel standard for the Public Works Department; and
3. Authorize the City Manager to negotiate and execute an agreement with Maas Energy at no cost to the City for five-years.
5.C. Award Construction Contract to Elecnor Belco Electric, Inc. for Lincoln Boulevard Neighborhood Corridor (LiNC) Street Improvements Project (Phase 1 - Street and Pedestrian Lighting)
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301, Section 15303, and Section 15311 of the California Environmental Quality Act (CEQA) Guidelines and Section 21080.25 of CEQA;
2. Award Bid #SP2331 to Elecnor Belco Electric Inc., for the construction of Lincoln Boulevard Neighborhood Corridor (LiNC) Street Improvements Project (Phase 1 - Street and Pedestrian Lighting) for the Public Works Department;
3. Authorize the City Manager to negotiate and execute a construction contract with Elecnor Belco Electric Inc, in an amount not to exceed $5,885,932 (including a $15% contingency); and
4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.
5.D. Adoption of Resolution to Quitclaim and Vacate Public Right-of-Way on 1717 19th Street Parcel
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 and Section 15305 of the California Environmental Quality Act (CEQA) Guidelines;
2. Adopt the attached Resolution declaring that the City owned remnant parcel (“Turnaround Area”) is not needed for any public purpose and allowing for the Turnaround Area to be quitclaimed and vacated completely; and
3. Authorize the City Manager to approve and execute a quitclaim deed with the owners of 1717 19th Street for a City owned remnant parcel at 1717 19th Street which was previously acquired as a vehicular turnaround area during construction of the I-10 Freeway.
5.E. Approval of License Agreement with Santa Monica Amusement for 370 Santa Monica Pier
Recommended Action
Staff recommends that City Council:
City of Santa Monica Generated: 6/4/2024 12:11 PM Page 7
1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a License Agreement with Santa Monica Amusement for 370 Santa Monica Pier per the Pier Leasing Guidelines.
5.F. Authorize a Purchase Order for the Purchase of Westward Industries Ltd. GO4 EV Scooters for the Police Department 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 TurfStar Western Inc. for the purchase of twenty-seven Westward Industries Ltd. GO-4 EV scooters for the Police Department. 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 $1,306,000 with future year funding contingent on Council budget approval.
5.G. Approval of First Modification to Agreement with AssetWorks, Inc. for Fleet Asset Management System Hosting, Maintenance, and Support Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Authorize the City Manager to negotiate and execute a first modification to agreement # 10801 in the amount of $264,523 (including a 10% contingency) with AssetWorks, Inc. for systems implementation, training, hosting services, and software support and maintenance for a Fleet Asset Management System with Telematics Solution for the Public Works Department. This will result in a 10-year amended agreement with a new total amount not to exceed $1,590,075.00, with future year funding contingent on Council budget approval.
5.H. Approval of Second Modification to Agreement with TruePoint Solutions, LLC for Accela Civic Platform Support
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a second modification to agreement # 4756 in the amount of $173,734 (including a 10% contingency) with TruePoint Solutions, LLC for Accela Civic Platform support for the Information Services Department. This will result in a 9-year amended agreement with a new total amount not to exceed $385,384, with future year funding contingent on Council budget approval.
City of Santa Monica Generated: 6/4/2024 12:11 PM Page 8
2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
5.I. Second Reading and Adoption of an Ordinance of the City Council of the City of Santa Monica Adding Municipal Code Section 3.75 to Prohibit Harassment of Bicyclists and Pedestrians
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
7. STUDY SESSION
7.A. Fiscal Year 2024-25 Proposed Budget and Fiscal Year 2024-26 Biennial Capital Improvement Program Budget
Recommended Action
Staff recommends that the City Council:
1. Review and provide direction to staff regarding the FY 2024-25 Proposed Operating Budget Adjustments (Attachment A) and FY 2024-26 Proposed Biennial Capital Improvement Program (CIP) Budget (Attachment B);
2. Direct staff to proceed with setting the FY 2024-25 Operating and FY 2024-26 Biennial Capital Improvement Program (CIP) Budget Adoption hearing on June 25, 2024;
3. Provide direction for staff to evaluate other funding mechanisms such as general obligation bonds to support the City’s capital improvement program in future budget cycles;
4. Review and provide direction to staff on establishing 23 new fees, which include fees for Emergency Medical Services (EMS), facility rentals and use, Certified Unified Program Agency (CUPA), film permits, materials for the Junior Lifeguard Program, grading review permit, and City planning; revising 36 fees, which include fees for CUPA, fire permits, airport, landscape services, Concealed Carry Firearm permit (CCW) renewal application, medicinal cannabis, and mortuary services; and the deletion of three fees, which include fees for library, and EV user (Attachments C and D); and
5. 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.
8. CONTINUED ITEMS
No items
9. ADMINISTRATIVE PROCEEDINGS
No items
City of Santa Monica Generated: 6/4/2024 12:11 PM 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.)
No items
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 Alexis Hemphill-Elsea's resignation from the Human Services Commission and authorize the City Clerk to publish the vacancy.
16.B. Appointment to one unscheduled vacancy on the Human Services Commission for a term ending on June 30, 2026. - New Item Received 5/24/2024
16.C. Recommendation to rescind the appointment of Jeff Bush to the Commission of Sustainability, Environmental Justice and the Environment; and, appoint to that unscheduled vacancy for a term ending on June 30, 2024. - New Item Received 5/24/2024
16.D. Request of Mayor Brock that the City Manager and City Attorney develop policies that regulate tree removal as a result of new development including exploring replacement requirements as part of the development or on public property to protect and preserve the City’s tree canopy. In developing this policy, the City Manager is being asked to consider requiring three replacement trees for every tree removed. - New Item Received 5/24/2024 City of Santa Monica Generated: 6/4/2024 12:11 PM Page 10
16.E. Request of Mayor Brock, Vice Mayor Negrete, and Councilmember de la Torre that the City Manager and City Attorney evaluate the attached request from Downtown Santa Monica, Inc. and return to City Council with recommendations to reduce the per square foot monthly fees associated with the use of sidewalks for outdoor dining on the Third Street Promenade to support the City’s economic recovery. In addition, the City Manager and City Attorney are also being asked to evaluate and return to City Council with recommendations for incentives such as waiving fees for a period of time to spur outdoor dining on sidewalks on the Third Street Promenade. - New Item Received 5/24/2024
16.F. Request from Councilmember de la Torre and Vice Mayor Negrete that the City Council direct the City Manager to conduct a survey of cities within the Westside Cities Council of Governments and other charter cities across the state with populations comparable to Santa Monica. The survey should compare City Council compensation and benefits and the City Manager is to present the findings at the first Council meeting in July, with recommendations for next steps. The purpose of this survey is to assess whether the current compensation allows residents of varying income levels to serve on the City Council. By understanding how Santa Monica compares to other cities, the Council can consider placing a charter amendment on the November ballot to adjust compensation, making City Council service more accessible to residents with lower incomes. - New Item Received 5/24/2024
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 12 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online. Members of the public who submit written public comment on an agenda item may be subject to the Levine Act which requires disclosure of campaign contributions of more than $250 to an officer of the City within the preceding 12 months.
City Hall and the Council Chambers 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 City of Santa Monica Generated: 6/4/2024 12:11 PM Page 11 pida hablar con Esterlina Lugo.
Santa Monica Blue Bus Lines #1, #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: May 28, 2024
Agenda Item: 1.A
1 of 1
To: Mayor and City Council
From: Nikima Newsome, Interim 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. 12
Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 13
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 14
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 15
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 16
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 17
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 18
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 19
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 20
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 21
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 22
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 23
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 24
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 25
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 26
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 27
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 28
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 29
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 30
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 31
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 32
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 33
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 34
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 35
Attachment: Written Comments [Revision 1] (6451 : Written Comments) Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 36
Attachment: Written Comments [Revision 1] (6451 : Written Comments) 1 David Yakobson
From: [email protected]
Sent: Monday, May 27, 2024 9:47 AM
To: councilmtgitems
Subject: historic houses in santamonica
EXTERNAL
Hello, I recommend counsel noƟfy the planning department to automaƟcally review historic designaƟon of housing in santa monica. The exisƟng loop ole or excepƟon is when some one noƟfies the planner for historical consideraƟon. That noƟficaƟon is unnecessary du to city records of when the home, structure was built and a possible photo of the property- then the city planner can review its historical value. With out it, as such, many historical structures are eliminated and it is inequitable . to otherwise designated houses that are pointed out by someone in the public.
It is a simple maƩer from review by a city planner that has the date of the original structures build.
Please put this on the counsel, s agenda soon - for review and discussion.
Good bye, Mitchell Lachman
Item 1
May 28, 2024
Item 1
May 28, 2024
1.A.a
Packet Pg. 37
Attachment: Written Comments [Revision 1] (6451 : Written Comments) City Council
Report
City Council Meeting: May 28, 2024
Agenda Item: 3.A
1 of 1
To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: 2024 LGBTQ+ Pride Proclamation
Prepared By: Christopher Smith, Deputy City Manager
Approved Forwarded to Council
3.A
Packet Pg. 38
City Council
Report
City Council Meeting: May 28, 2024
Agenda Item: 3.B
1 of 1
To: Mayor and City Council
From: Nikima Newsome, Interim City Clerk, Special Agenda Items Subject: Proclamation: Lung Cancer Action Week
Prepared By: Gilbert Portillo, Administrative Staff Assistant Approved Forwarded to Council
3.B
Packet Pg. 39
City Council
Report
City Council Meeting: May 28, 2024
Agenda Item: 3.C
1 of 1
To: Mayor and City Council
From: Nikima Newsome, Interim City Clerk, Special Agenda Items Subject: Commendation: Lunetta
Prepared By: Gilbert Portillo, Administrative Staff Assistant Approved Forwarded to Council
3.C
Packet Pg. 40
City Council
Report
City Council Meeting: May 28, 2024
Agenda Item: 3.D
1 of 1
To: Mayor and City Council
From: Nikima Newsome, Interim City Clerk, Special Agenda Items Subject: Commendation: Paul "Chico" Fernandez
Prepared By: Gilbert Portillo, Administrative Staff Assistant Approved Forwarded to Council
3.D
Packet Pg. 41
City Council
Report
City Council Meeting: May 28, 2024
Agenda Item: 3.E
1 of 1
To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: City Manager Report: Reparations & Restorative Justice Prepared By: David Gardinier, Assistant Administrative Analyst Approved Forwarded to Council
Attachments:
A. PowerPoint Presentation
3.E
Packet Pg. 42
From Acknowledgment to Action:
The State of Reparations Across
America
May 2024
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 43
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
Land
Acknowledgement
With great respect, the City of Santa Monica acknowledges the Yaavitam, the first people of this ancestral and unceded territory of Kuruvungna that we now know as Santa Monica; honors their elders, past and present, and the Yaavitam descendants who are part of the
Gabrieleño/Gabrielino/Tongva Nation.
We recognize that the Gabrieleño/Gabrielino/Tongva are still here and as settlers and guests (Kuuyam), we recognize our responsibility and obligation to care for their land.
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 44
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
Reparations Basics
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 45
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
United Nations
Principles on
Reparations
1. Restitution
2. Compensation
3. Rehabilitation
4. Satisfaction
5. Guarantees of non-repetition
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 46
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
Best Practices:
Assessing
Impact
Understanding the impacted communities
• no perfect claimant: rarely owned outright, often
relied on white allies
• no perfect claim: most actions were technically
supported or justified by the authority of the time
• Reparations don't only focus on things with known market value
• Actions taken changed the course of people's lives
• The wealth gap as proxy for the impact of biased policies Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 47
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
Best Practices:
Designing a
Reparations
Program
Design to remedy specific past injuries or
instances of past discrimination Specific
Reparations programs must be race-neutral,
so they do not violate Proposition 209
Race
Neutral
Identify sites of harm and build a registry of
impacted individuals
Focused
and
Detailed
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 48
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
Best Practices: Nonprofit Administration
SPECIALIZED EXPERTISE ENHANCED COMMUNITY
ENGAGEMENT
OPERATIONAL
EFFICIENCY
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 49
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
Examples
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 50
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
State of California • $100M fund created for
land return & Indigenous-
led ecological restoration o Nearly 50,000 acres
returned to-date
o Part of State's
broader Truth &
Healing Process for
Native Californians
• 2020 Policy to encourage
State agencies to
collaborate with tribes
and return land in excess
of State needs o Over 1,250 acres of
land returned to-
date
Indigenous
Reparations/
LandBack
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 51
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
Indigenous
Reparations/
LandBack
Municipalities
Eureka:
• Transferred 300+ acres of land to Wiyot tribe
land trust, awarded tribe’s land trust contract
to manage two youth housing projects serving
primarily Native youth
Oakland:
• Returned five acres to Sogorea Te’ Land Trust
(STLT) (Ohlone tribe) via cultural conservation
easement
Berkeley
• This year, Council returned 2.2 acre parking lot
to STLT
Huntington Beach
• Title of 6.2 acres transferred directly to
Acjachemen Tongva Land Conservancy
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 52
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
Ideas from TTPC • Statement of
Accountability in lieu of
Land Acknowledgement
• Living Land
Acknowledgement,
complete with plaque
and native plants in
Tongva Park
• Basket-weaving garden
• Institutional Kuuy
Nahwá’a (guest
exchange)
• Land Back
Indigenous
Reparations/
LandBack
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 53
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
JapaneseAmerican
Reparations
In 1988, the Ronald Regan
administration granted $20,000 in
reparations to each JapaneseAmerican who had been interned.
LA County provided reparations of
up to $5,000 to Japanese
employees who were wrongfully
terminated during internment.
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 54
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
MexicanAmerican
Reparations
Chavez Ravine:
• A Mexican-American community in Los
Angeles, demolished in the 1950s.
• Displacement: Families were removed for
public housing projects that were never
built; land later became Dodger Stadium.
• Discussions on financial compensation for
displaced families or their descendants,
Proposals to build affordable housing units
in the area, efforts to preserve the history
and culture of Chavez Ravine through
museums and memorials.
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 55
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
African
-
American
Reparations
Reparations funding already paid
Reparations commission formed
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 56
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
Santa Monica in the Report
• KKK Chapter formed in 1920s
• City prevents Black investors from building a
beachfront resort that immediate afterwards
was developed as the Casa Del Mar by white
developers
• Construction of the 10 freeway through
neighborhoods of color
• “On the land that is currently Belmar Park in
Santa Monica, the City of Santa Monica took
away and burned down the homes and
businesses of people in the African American
neighborhood of Belmar Triangle through
eminent domain for the construction of the
city’s expanded civic center, auditorium, and
the Los Angeles County Courthouse”
• Ebony Beach Club
California Reparations Report
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 57
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
St. Paul, MN paying reparations for homeownership to people who lost their home to Freeway construction
Reparations
for Freeway
Construction
Ashville, NC paying reparations for land taken through eminent domain through the sale of that land
Commission charged with developing short, medium, and long-term recommendations to “make significant progress toward repairing the damage caused by public and private systemic racism,” so that the City of Asheville and local community groups may incorporate these recommendations into their short- and long-term priorities and plans.
Civic
Building
Construction
LA County returns Bruce's Beach in Manhattan Beach
Black
Entrepreneurs
Providence, RI administering $10M reparations to "Black, Indigenous, and other communities of color" through federal ARPA funds
Reparations
for Harm
Across
Multiple
Communities
Similar Cases
Across the
Country
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 58
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
Reparations Funds
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 59
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
Evanston,
Illinois
• Evanston is the first U.S. city to fund reparations for Black residents.
• Focuses on addressing historical housing
discrimination.
Program Overview
• Funded by a 3% tax on recreational cannabis sales.
• $10 million allocated over 10 years.
Funding Mechanism
• Provides $25,000 grants to eligible Black residents for home repairs, down payments, or mortgage payments.
• Aims to address wealth gaps and promote
homeownership among Black residents.
Program Framing
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 60
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
Asheville,
North Carolina
• Asheville has committed to reparations aimed at closing racial disparities.
• Focuses on healthcare, education, and housing.
Program Overview
• Initially funded through the city’s budget reallocations. • $2.1 million allocated for the initial phase, with ongoing funding strategies being developed.
Funding Mechanism
• Emphasizes community reparations rather than direct
payments.
• Aims to create generational wealth and opportunities for Black residents through targeted programs and
investments.
Program Framing
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 61
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
Providence,
Rhode Island
• Providence is creating a reparations program focused on African American and Indigenous residents.
• Addresses the city’s history of slavery and systemic racism.
Program Overview
• Funded by a combination of city budget reallocations and potential state and federal grants.
• Initial investment of $10 million.
Funding Mechanism
• Prioritizes investments in education, healthcare, and job training.
• Seeks to rectify past injustices and build a more equitable future for affected communities.
Program Framing
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 62
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
Durham,
North
Carolina
• Durham is creating a reparations program addressing racial inequities.
• Focuses on economic development, affordable housing, and health equity.
Program Overview
• Funded through the city budget, with an initial allocation of $1 million.
• Exploring additional funding from state and federal sources.
Funding Mechanism
• Combines direct investments in communities with policy changes to ensure long-term impact.
• Seeks to create a sustainable model for addressing racial disparities.
Program Framing
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 63
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
San Francisco,
California
• San Francisco is developing a comprehensive reparations plan for Black residents.
• Focuses on economic empowerment and community
development.
Program Overview
• Initial $120 million allocated from the city’s law enforcement budget.
• Exploring additional funding through state grants and private donations.
Funding Mechanism
• Includes initiatives like housing grants, business support, and educational scholarships.
• Aims to repair the harms of systemic racism and promote economic stability.
Program Framing
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 64
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
Considerations
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 65
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
Challenges
Many city governments find themselves resistant to reparations not because they don’t believe harm was done, but because they believe it would be impossible to compensate for that harm.
Many cities are not as fiscally strong as they were pre-COVID.
Rebuilding and repairing can seem like conflicting priorities.
Who do we want to be? How do we get there?
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 66
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
Justice by
lawsuit vs.
Justice by
policy
Motivation:
Sued: Reparations are driven by legal obligation, often resulting from a lawsuit that compels the responsible party to make amends.
Proactive: Reparations stem from a moral or ethical decision, motivated by the recognition of past harms and the desire to address them voluntarily.
Perception:
Sued: Reparations may be seen as a forced action, which could lead to a perception of insincerity or simply fulfilling a legal requirement.
Proactive: Voluntary reparations are often viewed more positively, as they demonstrate accountability and genuine commitment to making things right.
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 67
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
Justice by
lawsuit vs.
Justice by
policy
TIMING
• Sued: Reparations occur after a legal battle, which can be prolonged, increasing the harm and suffering before any resolution is reached.
• Proactive: Reparations are provided without waiting for legal action, potentially mitigating further harm and
fostering quicker healing and reconciliation.
COST
• Sued: Legal fees and potential damages can significantly increase the cost of reparations, making it more expensive than addressing the issue beforehand.
• Proactive: Avoiding legal battles can reduce overall costs, as funds are directly allocated to reparations rather than legal defenses and court fees.
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 68
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
Justice by
lawsuit vs.
Justice by
policy
IMPACT ON RELATIONSHIPS
• Sued: The adversarial nature of lawsuits can strain
relationships between the responsible party and those
harmed, leading to prolonged distrust and conflict.
• Proactive: Proactive reparations can build trust and
improve relationships, as they demonstrate a willingness to acknowledge and rectify wrongdoings without external
pressure.
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 69
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
Thank You
We are grateful to be doing this work for the City
Item 3-E
May 28, 2024
Item 3-E
May 28, 2024
3.E.a
Packet Pg. 70
Attachment: PowerPoint Presentation [Revision 1] (6347 : City Manager Report:
City Council
Report
City Council Meeting: May 28, 2024
Agenda Item: 4.A
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office Subject: Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1):
Pico Neighborhood Association and Maria Loya v. City of Santa Monica, L.A.S.C. Case No. BC 616804; 2nd DCA Case No. B295935
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:
A. Written Comments
4.A
Packet Pg. 71
1 David Yakobson
From: Brian O'Neil <[email protected]>
Sent: Tuesday, May 28, 2024 3:53 PM
To: councilmtgitems; Phil Brock; Gleam Davis; Oscar de la Torre; Lana Negrete; Christine Parra; Caroline Torosis; Jesse Zwick; David White
Cc: PNA; Brian ONeil
Subject: City Council May 28 Agenda Item 4A - ENA with Revitalization Partners Group
EXTERNAL
To: Mayor Brock and Council Members
From: Board of the Pico Neighborhood Association
Date: May 28, 2024
RE: Item 4A on the May 28 Council Agenda
The PNA Board wholeheartedly supports and endorses the letter below sent to you from Save the Civic calling on the City “to enter into an ENA with Revitalization Partners Group (RPG) to seismically upgrade, restore, program, and operate our Landmark Civic Auditorium as a performing arts and cultural center.“ Highest Regards,
PNA Board
Save the Civic Letter:
Dear Council Member,
On May 28, 2024 you have an opportunity to enter into an ENA with Revitalization Partners Group (RPG) to seismically upgrade, restore, program, and operate our Landmark Civic Auditorium as a performing arts and cultural center. Save the Civic urges you to act without delay.
Save the Civic (STC) was formed after an outpouring of resident concern that the Cityowned Civic Auditorium had been declared surplus land, enabling its possible sale.
Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 72
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) 2 Save the Civic had three guiding principles:
1) Public land should not be privatized; neither the Civic nor the land around it should be sold to a private entity.
2) This landmark building should be preserved, not demolished. 3) City-owned performing arts centers are rare and important; the Civic should not be repurposed but restored for its original purpose as a performing arts and cultural center.
STC was also aware that the City had no funds to restore the Civic, nor did we think it wise for taxpayers to be asked to pay for such a project. The Civic would have to be financially self-sufficient, and optimally it should create a future revenue stream for the City.
Now you have an exceptional opportunity to enter into an ENA with RPG, a group that checks all of these boxes.
This opportunity comes to you after hard work from residents to make it happen. It is also a chance for the City and residents to work together to create something wonderful and exciting - - a chance to restore a vacant and respected landmark and turn it into a worldclass performing arts and cultural center and an economic generator.
From where we sit, it’s a win-win.
We hope you will vote to enter into an ENA with the Revitalization Partners Group so we can keep this exciting prospect for Santa Monica moving forward.
Thank you from Save the Civic,
Bea Nemlaha
Diana Gordon
Lori Nafshun
Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 73
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) 3 Victor Fresco
Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 74
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) 1 David Yakobson
From: Chris Harding <[email protected]>
Sent: Tuesday, May 28, 2024 11:22 AM
To: councilmtgitems; Phil Brock; Lana Negrete; Gleam Davis; Christine Parra; Caroline Torosis; Jesse Zwick; Oscar de la Torre
Cc: David White; Douglas Sloan; Susan Cola; Joe Pertel
Subject: The CVRA Case and Councilmember Oscar de la Torre Conflict of Interest Attachments: Ltr to CC 2024-05-28.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
EXTERNAL
Dear Councilmembers,
Please see the attached letter from Joe Pertel and me with respect to the CVRA case and Oscar de la Torre’s conflict of interest.
Sincerely,
Chris Harding
Christopher M. Harding | Attorney at Law
1250 Sixth Street, Suite 200 | Santa Monica, CA 90401
O: (310) 451-2968 | [email protected]
Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 75
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) 1 CHRISTOPHER M. HARDING
1250 SIXTH STREET, SUITE 200
SANTA MONICA, CALIFORNIA 90401
E-MAIL: [email protected]
JOSEPH A. PERTEL
2801 Ocean Park Boulevard
SANTA MONICA, CALIFORNIA 90405
E-MAIL: [email protected]
May 28, 2024
VIA E-MAIL
Santa Monica City Council
1685 Main Street, Room 209
Santa Monica, CA 90401
Re: The CVRA Case and Councilmember Oscar de la Torre’s Conflict of Interest
Hearing Date: May 28, 2024
Agenda Item No. 4-A
Dear Councilmembers:
We are writing (again) with respect to the CVRA case.
In our most recent letter (dated May 10, 2024), we explained why it would be unlawful and imprudent for the City Council to “settle” (i.e., concede) this case. Our legal argument is simple and compelling:
The Santa Monica City Charter, in section 600, establishes at-large elections for City Council.
Article XI, section 3 of the California Constitution provides that amendments to a City Charter require voter approval.
This letter focuses on Councilmember Oscar de la Torre’s conflict of interest in voting as a councilmember given his marital relationship with plaintiff Maria Loya and his attorney-client relationship with plaintiffs’ attorney Kevin Shenkman. At your May 14th hearing, Councilmember de la Torre misrepresented the conflict of interest issue, stating:
“And [I’m] back in closed session, and the reason why is because the judge said I can return to closed session. And that’s why I’m back in closed session and the judge did declare that there was no conflict of interest. That I had no conflict of interest. And that’s why I’m allowed to be back in Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 76
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) 2 closed session. So I just wanted to clarify that for the record.
Thank you very much.”1
This statement is false. Councilmember de la Torre is in closed session on the CVRA case because the City entered into a settlement agreement that provides de la Torre may decide for himself whether or not he has a conflict of interest. (A copy of the settlement agreement, which CEPS believes was ill-advised, is attached.) The judge in the de la Torre lawsuit never decided he lacks a conflict of interest. Nor did the judge order that the City Council allow de la Torre in City Council discussions or voting on the CVRA case.
To the contrary, the judge in question (Judge Fruin) rejected de la Torre’s request for a determination that he lacks a conflict of interest. In denying de la Torre’s summary judgment motion, Judge Fruin stated:
“Plaintiffs support their motion only with declarations from De la Torre and Shenkman (not counting the Trivino-Perez
declaration to provide the Court with a copy of its own prior ruling). The Shenkman declaration does not address what plaintiffs knew would be a main issue for the City, e.g. its contention that Shenkman is a de facto attorney for De La Torre. The De La Torre declaration does not address the elephant in the room: should he participate in the City’s decisions as to the claims of the CVRA attorneys for $22 million in attorneys’ fees (inflated by the use of 2.3
multiplier).
A movant for summary judgment cannot ignore obvious
issues and expect that the Court too will ignore those
questions and grant summary judgment.”2
Thus, Councilmember de la Torre’s claims (made repeatedly including at your May 14th hearing) that the court (i) decided he has no conflict of interest and (ii) ordered that he be allowed to participate in City Council deliberations and voting are false.
Because Councilmember de la Torre persists in making these false claims, we ask that the City Attorney state as a matter of public record that there is no court determination as to whether Councilmember de la Torre has a conflict of interest in the CVRA case, nor is there a court order that de la Torre be allowed to participate in City Council deliberations and voting.
Our clients continue to believe that Councilmember de la Torre has a conflict of interest (both financial and common law) that legally and ethically prohibits him from participating in the City Council’s deliberations and voting on the CVRA case. We explained this at length in our March 20, 2023 letter to you. Councilmember de la Torre 1 See attached transcript of Natalya Zernitskaya’s testimony and Councilmember de la Torre’s response.
2 Judge Fruin’s ruling on the de la Torre and City summary judgment motions at p. 18 (copy attached).
Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 77
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya)
Item 4-C
May 28, 2024
Item 4-C
May 28, 2024
Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 78
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) May 14, 2023 City Council Partial Transcript
Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 79
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) Santa Monica City Council Meeting
May 14, 2024
1:46:30
Zernitskaya Good evening. I’m testifying on Item 4D, the closed session item on the CVRA case. The case has been remanded back to the Superior Court for a new trial, and the City should continue to stay the course and let this matter be adjudicated in the appropriate court of law. Staying the course is in the best interest of Santa Monica voters and it is the most fiscally responsible choice. The Supreme Court issued a ruling clarifying how a plaintiff would need to prove vote dilution under the CVRA and clarify that both racially polarized voting and vote dilution must be proven to demonstrate a violation of CVRA. The Supreme Court and the Court of Appeal on two occasions did not rule in favor of the plaintiffs and it appears that the City is on the verge of winning this case as the plaintiffs would not be able to prove either racially polarized voting nor vote dilution under the CVRA. Further, I urge Councilmember de la Torre to recuse himself from Item 4D in future closed session agenda items regarding this lawsuit due to an undeniable conflict of interest. Prior to being elected to the City Council in 2020, Councilmember de la Torre served as chair of the Pico Neighborhood Association, a coplaintiff in the CVRA lawsuit filed against the City. The other coplaintiff in the lawsuit is the councilmember spouse. In January 2021, the City Council voted to disqualify the then newly elected councilmember from participating in or attempting to influence discussions or decisions relating to this litigation due to a finding of the common law conflict of interest. In March 2021, the councilmember filed a lawsuit against the City for declaratory relief, injunctive relief, alleging a violation of the Brown Act. In June 2022, there was a settlement between the City and the councilmember on the conflict of interest case. There was no ultimate final ruling by the judge, and in fact, the judge in the conflict-of-interest case denied issuing summary judgment to both the councilmember and the City. Thank you.
Mayor Thank you, Natalya.
de la Torre Mayor, I’d like to point a privilege. The last speaker said that – made allegations that I have a conflict of interest. She is very accurate that there was a lawsuit because the City Council voted to disqualify me from any discussions in closed session regarding the voting rights case. And back in closed session, and the reason why is because the judge said I can return to closed session. And that’s why I’m back in closed session and the judge did declare that there was no conflict of interest. That I had no conflict of interest. And that’s why I’m allowed to be back in closed session. So I just wanted to clarify that for the record. Thank you very much.
Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 80
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) Settlement Agreement
Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 81
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) CM-200
ATTORNEY OR PARTY WITHOUT ATTORNEY {Name, State Bar number, are address) FOR COURT USE-ONLY :
Wilfredo Trivino-Perez, SBN 219345
Trivino Perez & Associates
40940 Wilshire: Bivd., 16th Floor
Los ‘Angeles, CA 90024
TELEPHONE NO 210-443-4257 FAX NO. (Optional: :
| E4WALL ADDRESS (Optional): [email protected]
ATTORNEY FOR (Wane): Plaintiffs Osear de la Torre and Elias Serna SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles - Central District STREET ADDRESS: 111-N. Hil Street (
MAILING ADORESS 111 .N. Hil St
erty AND ZIP CODE: Los Angeles, 99012
RANCH NAME: Stanley Mosk Courthouse
| PLAINTIFF/PETITIONER: Oscar de la Torre and Ellas Serna DEFENDANT/RESPONDENT: City:of Santa Monica |
| CASE NUMBER:
21ISTCVO8597
NOTICE OF SETTLEMENT OF ENTIRE CASE — JUDGE: Richard:L..Fruin } DEPT.. 16
NOTICE TO PLAINTIFF OR OTHER PARTY SEEKING RELIEF
You must file a request for dismissal of the entire case within 45 days after the date of the settlement ifthe settlement is unconditional. You musttile a dismissal of the antire case within 45 days after the date specified in item 1b below if the settlement is conditional. Unless you file 4 distnissal-within the required time or have shown good cause before the time for. dismissal has expited why the case should not be dismissed, the court will dismiss: the entire case.
To the court, all parties, and any arbitrator or other court-connected ADR neutral involved in this case:
1. This entire case has been settled. The settlement is:
a. [#7] Unconditional. A request for dismissal will be filed within 45 days after the date of the settlement.
Date of settlement: 07-18-2022
b. [7] Conditional. The settlement agreement conditions dismissal of this matter on the satisfactory completion of specified terms that are not to be performed within 45 days of the date of the settlement. A request for dismissal will be filed no later than (date):
2. Date initial pleading filed: 03-04-2021
3. Next scheduled hearing or conference:
a. Purpose: Final Status Conference
b. [¥] (1) Date: 96/os2022
(2) Time: 8:30AM
7 (3) Department: 15
4. Trial date:
a. [x] No trial date sel.
b. [7] (1) Date: 08/15/2022
(2) Time: -&30AM
(3) Department: 15
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and: correct. : Date: July 20,2022 me r
: Wilfredo. Trivino-Perez ME Pha AND djeat,
(TYPE OR PRINT NAME OF * ATTORNEY: PARTY WITHGUT ATTORNEY) (SGNATURE) Page-t.of 2
{ F Adopted for Mandatory U} : - Cal. Rules of Court, rule3.1385 dielel ameitor Celferia NOTICE OF SETTLEMENT OF ENTIRE CASE ameaese vey cours-cB 9 CM-200 (Rev. January 41,2007]
Electronically FILED by Superior Court of California, County of Los Angeles on 07/20/2022 09:13 AM Sherri R. Carter, Executive Officer/Clerk of Court, by E. Thomas,Deputy Clerk Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 82
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) DocuSign Envelope ID: 7F3DB7F4-2320-4261-96EF-8079DD0C5459 This Settlement Agreement (Agreement) is entered into and effective as of July 18, 2022, by and among Plaintiffs Oscar de la Torre, an individual and Councilmember ofthe City of Santa Monica (‘de la Torre"), and Elias Serna, an individual (‘Serna’) (collectively “Plaintiffs”); and Defendant the City of Santa Monica, a municipal corporation and a California charter city duly organized under the laws of the State of California, acting through its City Council (°City” or “City Council”) (all collectively the “Parties”).
RECITALS
A. Plaintiff Oscar de la Torre is a Councilmember for the City of Santa Monica, California, and has been since December 2020. Serna is an individual resident of the City of Santa Monica.
B. A dispute arose beiween the City Council and dela Torre as to whether dela Torre had a disqualifying conflict of interest that precluded his involvement in City Council - decisions and discussions concerning the litigation captioned Pico Neighborhood Association, et al. v. City of Santa Monica, Los Angeles Superior Court, Case No. BC 616804, Second District Court of Appeal, Case No. B295935, California Supreme Court, Case No. S263972 (Pico case).
Cc. A majority of the City Council voted to exclude de la Torre from participation in the Pice case.
D. Thereafter, Plaintiffs filed suit in the case captioned Oscar de /a Torre, et al. v. City of Santa Monica, Los Angeles Superior Court, Case No.. 21STCVO08597 (Conflict case), claiming a conflict of interest does not exist and challenging the Council decision to exclude dela Torre.
E. Now, following discovery and the Parties having filed motions for summary judgment, which were all denied, the Parties have determined it is in the Parties’ best interests and the public interest to resolve this matter.
F. The Parties agree this Agreement is the compromise of disputed claims and this Agreement may not be construed as an admission of liability or wrong doing on the part of. any Panty or individual.
G. The City Council and each of its members intend this Agreement to bind the City City Council, and each City Councilmember individually.
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual covenants set forth below, and further good and valuabie consideration, the sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows:
1. The above Recitals are incorporated into this Agreement.
2. Settlement Terms. The Parties agree to the following terms to settle and resolve the Conflict case:
a. Upon the full execution of this Agreement, the Parties shall joinily file a stipulation of dismissal of the Confiict Case with the Los Angeles Superior Court.
The stipulation of dismissal shall provide for the dismissal with prejudice of the Conflict Case, shall attach this Agreement fully executed by the Parties, provide for the Court to retain jurisdiction pursuant to Code of Civil Procedure section 664.6 to enforce this Agreement until full performance of the terms of this Agreement, which shall be no sooner than the ultimate conclusion of the Pico case, and include a@ proposed order fer the Gourt’s assent to the stipwation, Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 83
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) DocuSign Envelope ID: 7F3DB7F4-2320-4261-96EF-8D79DD0C545S b. The City Council hereby withdraws and vacates its decision to exclude Councilmember de ia Torre from closed sessions or any other participation in the Pico case.
c. City shall not exclude, or seek to involuntarily exclude, Councilmember de la Torre from any discussions, decisions or other participation in ihe Pico case.
Rather, the Parties agree that, with respect to the Pico case, the decision to recuse on account of any potential conflict of interest shall be left te each Councilmember, who may seek advice from the City Attorney if there is any question of a potential conflict.
d. The Parties shall issue a neutral agreed upon statement in the form attached hereto as Exhibit A, with no other public or media discussion by Councilmembers or City of the Conflict case or this Agreement, other than to refer to the neutral statement. Any questions as to application ofthis provision shall be discussed between Plaintiffs’ counsel and the City Attorney. a. No Councilmember will disclose confidential information irom closed session discussions ar any City attorney-client privileged communication regarding the Pico case without the City Attorney present, except as required by law, and no Councilmember shail assert any privilege in response to any question as to whether this will have occurred in the future. If there is any question or concern about what can be disclosed, the City Attorney shall be consulted before any such disclosure. The remedy for Councilmember violations of this provision shail be any remedy under the law, and the Parties expressly reserve the right to argue that any Councilmember who unlawtully discloses confidential information from closed session discussions should be recused fram further participation in the Pico case.
Counsel for Councitmember de ja Torre consent to his discussing this matter with the City Attorney, other than prior attorney client privileged communications, following the effective date of this Agreement.
f. The City shall pay $92,500 to Mr. Trivino-Perez for reimbursement for fees and costs in the Conflict case; prior to payment, Mr. Trivino-Perez will provide to the City Attorney written detail on fees and costs, equal to or greater than $92,500, incurred in the Conflict case as would be required in making a fee application with the court.
3. The Parties hereby fully release and forever discharge one another, as well as their respective Councilmembers. attorneys, agents, officers, employees, contractors, and volunteers (collectively the “Releasees”), from any and all rights, claims, demands, actions, and causes of action, past and present, known and unknown, which Plaintiffs may now have against them, pertaining to all claims asserted or that could have been asserted based on the facts alleged in the Conflict case.
4. Waiver Of Rights Under Civil Code Section 1542. The Parties acknowledge they have had the opportunity to review this matter with legal counsel. of their cnoosing and are familiar with the pravisions of California Civil Code section 1542, which provides as follows:
A general release does not extend to claims which the creditor does not know or suspecto exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
2 Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 84
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) DocuSign Envelope ID: 7-F3D87F4-2320-4261-96EF-8079DD0C5459 The Parties, being aware of this Code section, hereby expressly waive any rights they may have thereunder, or under any statutes or common law principles to similar effect.
5. Non-Agsignment of interests. Plaintiffs represent and warrant that they have nat assigned or otherwise transferred any interest in any claim that they may now have against the City arising out of the Conflict case.
6. Parties’ Remedies. Each Party shall have all rights and remedies available ai law or in equity for the other Party's breach of this Agreement including, but not limited to, an action for specific performance and/or injunction and/or an action for monetary damages.
7. Entire Agreement. This Agreement contains the sole and entire agreement and understanding among the Parties concerning the subject matter thereof, and any and all :
prior discussions, negotiations, commitments. or understandings related hereto, if any, are merged herein and superseded hereby. No representations, warranties, promises, covenants, undertakings, commitments, restrictions or other obligations, verbal, written or otherwise, expressed or implied, other than those expressly contained herein, have been made by any Party to the other conceming the subject maiter of this Agreement. a. Amendments and Waiver. This Agreement may be amended only by an agreement in writing signed by each Party hereto. No waiver of any provision or consent to any exception to the terms of this Agreement shail be effective unless in writing and signed by the Party ta be bound, and then only for the specific purpose, extent, and instance so provided. Failure on the part of any Party to enforce any of their rights under this Agreement shall nat be construed as a waiver of such rights, and a waiver by any | Party of a default hereunder in any instance shall not be construed as constituting a continuing waiver or as a waiver in other instances. .
9. Voluntary Agreement; Representation by Counsel. This Agreement is executed voluntarily by each of the Parties hereto without any duress or undue infiuence on the part of, or on behalf of, any of them. The terms of this Agreement have been negotiated by the Parties, and the language of this Agreement shail not be interpreted uncer presumptions in favor of or against any particular Party. Each of the Parties hereto represents and warrants to each other Party that hey have read and fully understand the provisions of this Agreement and have had the opportunity to discuss the Agreement with legal counsel of their own choosing. Each of the Parties hereto further represents and warrants to each other Party that their officers or other representatives who sign this Agreement on their behalf are authorized to do-so and to bind that Party, both by consent of that Party and under applicable law, and that they are executing this Agreement pursuant to that authority. The Parties, and each of them, acknowledge that each has had the opportunity te be represented in the negotiations for and in the performance of this Agreement by counsel of their own choice; that they have read this Agreement; that they have had the opportunity to have this Agreement fully explained to them by counsel of their own choice; and that each is fully aware of the contents of this Agreement and of its legal effect.
40. Binding Effect. This Agreement shall inure to the benefit of the Parties’ respective successors, assigns, representatives.
11. Governing Law. The validity, interpretation, effect, and enforcement of this Agreement, or any portion thereof, shall be governed by, and shall be construed and enforced in accordance with, ihe laws of the State of California, without regard to any choice of law provisions. All litigation or other proceedings arising out of this Agreement 3 Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 85
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) DocuSign Envelope ID: 7F3DB7F4-2320-4261-96EF-8D79DD0C5459 to interpret or enforce this Agreemeni, or any portion thereof, or to recover for any breach thereof, shall be filed in the Los Angeles County Superior Court, unless the Parties agree in writing to an alternative venue for litigation or dispute resolution.
42. Further Assurances. Each Party shall, whenever reasonably requested by the other Party, execute or cause to be executed all such instrumenis, documenis, writings, or agreements as may be necessary to carry out the purposes of this Agreement, and each Party shall do all other acts necessary or reasonably requested by the other Party to carry out the intent and purposes of this Agreement.
43. Counterparts. This Agreement may be executed in one or more counterparts, including in portable document format ("PDF") and/or digital signatures, each of which | shail be deemed an original agreement, but all of which together shall constitute one agreement.
14. No Third Party Beneficiaries. Nothing in this Agreement is or shall be-construed to be intended to benefit any third party or create any third party beneficiary.
45. Severability. If any terms of this Agreement are deiermined by any court to be unenforceable, the remaining terms of this Agreement shall nonetheless remain in full force and effect.
IN WITNESS WHEREOF, the Parties have caused this Agreemento be duly executed as provided above.
PLAINTIEFS: Ling? APPROVED AS TO FORM:
Oscar de la Torre, an individual and Wilfredo Trivino-Perez, Attorney for Cauncitmember Plaintiffs
“Elias Serna, an individual
CITY OF SANTA MONICA, APPROVED AS TO FORM:
eemeais corporation, by:
on Douglae Gar
avid Wate city Manager Doug Sloan, City Attorney
CITY COUNCIL OF THE ATTEST:
Dotuditka me 1A MON ICA, by: DoeuSigned by: 2 . .
Hdssololr | Aine Andesyn- Winn
te Aiinéitich, Mayor enise Anderson-Warren, City Clerk
4 Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 86
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) GM-200
PLAINTIFF/PETITIONER: (/ “Ade la Ten? and Chas Seve} CASE NUMBER DEFENDANT/RESPONDENT; Crty of SATA meat ta 2iGe VOkser7
PROOF OF SERVICE BY FIRST-CLASS MAIL
NOTICE OF SETTLEMENT OF ENTIRE CASE
(NOTE: You cannot serve the Notice of Settlement.of Entire Case if you are a party in the action. The person who served :
the notice must complete this. proof of service.)
4. Lanvat least 18 years ald and not a party to:-this action. | am-a'resident of or employed in the county where the mailing took place, and my residence.or business. address is (specify): :
{0940 Wilshire Blvd. 16th Floor
Los Angeles, CA 90024
2. |served.a copy of the Notice of Settlement of Entire Case. by enclosing it in-a sealed-envelope with postage fully prepaid and (check one):
a. [__] deposited the sealed envelope with the United States Postal Service. b. [3] placed the sealed envelope for collection and processing for mailing, following this business's usual practices, with which lam readily familiar. On the same day correspondence is placed for collection and mailing, itis deposited in the ordinary course of business.with the United States Postal-Service,
3. The Notice.of Settlement of Entire Casé was. mailed:
a. on (date): July 20, 2022.
b. from (city and stale): Los Angeles, CA
4, The envelope was-addressed and mailed as follows:
a. Name of person served: c. Name of person served:
Douglas Sloan, City Attorney
Street address: 1685 -Main Street, 3rd-Floor Street address:
City: Santa Monica City:
State and zip code: CA90404 State and zip code:
b: Name:of person served: d.. Name of person served:
Carol Silberberg, Esq.
Street address: 155°N. Lake Ave., Suite 800 Street address:
City: Pasadena City:
State. and zip code: CAST101 State and zip code:
[__] Names and addresses of additional persons served are attached. (You may use form POS-O30(P).)
5. Number of pages attached OC .
| declare under penalty of perjury under the laws of the State: of California that the foregoing is true and correct.
Date: July.20, 2022
Wilfredo Trivino-Perez, Esa. Ue be bbls 7
(TYPE OR PRINT NAME-OF DECLARANT} . re ATURE-OF DECLARANT} CN-200 [Rev. January:1, 2007) NOTICE OF SETTLEMENT OF ENTIRE CASE Page 2.0f 2 This Form button after youve printed tne form. | Print this form | [ Save this form | [Clear this form | Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 87
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) Judge Fruin’s Ruling on Oscar de la Torre, et al. v. City of Santa Monica Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 88
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 89
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 90
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 91
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 92
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 93
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 94
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 95
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 96
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 97
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 98
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 99
Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 100 Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 101 Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 102 Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 103 Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 104 Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 105 Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 106 Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) Item 4-A
May 28, 2024
Item 4-A
May 28, 2024
4.A.a
Packet Pg. 107 Attachment: Written Comments [Revision 1] (6452 : Closed Session - Existing Litigation Pico & Maria Loya) City Council
Report
City Council Meeting: May 28, 2024
Agenda Item: 4.C
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office Subject: Conference with legal counsel - significant exposure to litigation - Gov. Code §54956.9(d)(2),(e)(5): one case - leasehold interest for Rusty’s Surf Ranch Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:
A. April 27, 2023 Morena Threat of Litigation
B. Attachment to May 17, 2023 Litigation Threat
C. May 17, 2023, Morena's Litigation Threat
4.C
Packet Pg. 108
4.C.a
Packet Pg. 109 Attachment: April 27, 2023 Morena Threat of Litigation (6449 : Closed Session:Significant Exposure Litigation -Rusty Surf Ranch)
4.C.a
Packet Pg. 110 Attachment: April 27, 2023 Morena Threat of Litigation (6449 : Closed Session:Significant Exposure Litigation -Rusty Surf Ranch)
4.C.a
Packet Pg. 111 Attachment: April 27, 2023 Morena Threat of Litigation (6449 : Closed Session:Significant Exposure Litigation -Rusty Surf Ranch)
4.C.a
Packet Pg. 112 Attachment: April 27, 2023 Morena Threat of Litigation (6449 : Closed Session:Significant Exposure Litigation -Rusty Surf Ranch)
4.C.a
Packet Pg. 113 Attachment: April 27, 2023 Morena Threat of Litigation (6449 : Closed Session:Significant Exposure Litigation -Rusty Surf Ranch)
4.C.a
Packet Pg. 114 Attachment: April 27, 2023 Morena Threat of Litigation (6449 : Closed Session:Significant Exposure Litigation -Rusty Surf Ranch) 3 Summary of Timelines and Formal Requests
I. Overview
Greg Morena (hereinafter, “Greg”) presents the below proposal regarding Rusty’s on the Pier (“Rusty’s”). The following discussion provides a summary of the current status of the management and operations of Rusty’s under that certain Amended and Restated Lease Agreement by and between the City of Santa Monica (hereinafter, the “City”) and Hospitality Industry Management Group, LLC, d.b.a. Rusty’s Surf Ranch (hereinafter, “HIMG”) dated October 11, 2013 (the “Lease”). On September 28, 2018, Greg and HIMG entered into a Management Agreement pursuant to which Greg agreed to operate and manage the restaurant (the “Management Agreement”). For the past nearly four years, Greg has managed the operations of Rusty’s through his solely owned entity, EST 1977 Group LLC d.b.a. Rusty’s.
II. History of Management of Rusty’s by Morena
The following bullet points provide a high-level summary of many of the critical facts and communications relating to Greg’s management of Rusty’s and items needing to be addressed under the Lease:
• October 9, 2018 – Greg and HIMG provided the City with written notice of the Management Agreement, paragraph 17 of which provided for automatic termination if the City objected to the agreement. In the transmittal correspondence, Greg and HIMG informed the City that they would have to choose between reopening the restaurant by March 4, 2019 or completing the remaining physical requirements of the Phase II Improvements under the lease which would require an additional 90 days (beyond March 4, 2019) to reopen.
• October 31, 2018 – Jason Harris responded on behalf of the City in a written letter and informed Greg and Russell Barnard (hereinafter, “Russell”) that the City “remains committed to ensuring the reopening of Rusty’s to the general public for continuous service as soon as feasibly possible, but no later than March 4, 2019.” In the same letter, Mr. Harris wrote, “It is well recognized that Greg has a stellar record operating the Albright lease” and asked questions regarding the contemplated management of the restaurant by Greg.
• November 8, 2018 – Greg and Russell met in person with Jason Harris, Eriko Matsumoto and Elana Buegoff to address, in part, Mr. Harris’ questions regarding the Management Agreement.
4.C.b
Packet Pg. 115 Attachment: Attachment to May 17, 2023 Litigation Threat (6449 : Closed Session:Significant Exposure Litigation -Rusty Surf Ranch) 4 • November 30, 2018 – Mr. Harris confirmed in writing that, the following items with respect to Rusty’s were affirmed in the November 8, 2019 meeting: (i) “Greg, or his assignee pursuant to the Management Agreement will work to reopen [Rusty’s] as soon as practicable, but no later than March 4, 2019”; and (ii) “so long as Rusty’s complies with the terms set forth in its lease, the option(s) to extend the lease will remain in effect.”
• January 2019 to March 4, 2019 – Greg began making leasehold improvement expenditures and reopened Rusty’s before March 4, 2019. • April 19, 2019 – The FPPC provided Advisory Opinion A-18-275 in response to Greg’s request for advice, which was submitted to the FPPC by Greg’s counsel on or about December 17, 2018. In the Advisory Opinion, the FPPC confirmed that The Albright and Rusty’s may continue with their pre-existing leases with the City but that it was unable to determine whether certain approvals required under the Lease would create a conflict of interest without knowing the details of the approvals being sought. • May 10, 2019 – Greg sent an email to the City Attorney requesting that the City and Greg set up a process for the parties to address the following items in accordance with Rusty’s Lease and the Advisory Opinion: (i) Option to purchase, (ii) Name change, (iii) Rent credits, if any, and (iv) Lease extension.
• July 17, 2019 – Greg’s counsel sends the City Attorney a summary of facts and questions in connection with a contemplated informal FPPC request regarding the items Greg identified in his May 10, 2019 email. The questions in connection with Rusty’s were as follows: (i) May Morena exercise the Purchase Option Agreement?; (ii) May Morena seek Landlord approval to change the name of RSR pursuant to the terms of the existing Lease?; (iii) May Morena seek Landlord review and approval for determination of whether rent credits are due pursuant to the terms of the existing lease?; (iv) May Morena seek Landlord review and approval for determination of whether the conditions for the 5- year extension option have been met?; and (v) May Landlord and Morena execute nondiscretionary lease amendments to reflect the above acts (i.e., to reflect tenant name change, to reflect RSR name change, to document rent credit, to document extended term)?
• July 28, 2019 – The City Attorney provides comments to the summary of facts in an email to Greg’s counsel and requests a call to discuss the same. • August 6, 2019 – Greg’s counsel has a call with the City Attorney, Eriko Matsumoto and Jason Harris to discuss the Rusty’s facts, and the City Attorney agreed to draft facts for the informal FPPC request and send to Greg’s counsel.
4.C.b
Packet Pg. 116 Attachment: Attachment to May 17, 2023 Litigation Threat (6449 : Closed Session:Significant Exposure Litigation -Rusty Surf Ranch) 5 • October 15, 2019 – The City Attorney sent Greg’s counsel a draft of facts regarding Rusty’s. In the draft facts, the City Attorney took the position that Rusty’s was still undergoing construction for tenant improvements under the lease, but did not materially change the questions outlined by Greg’s counsel on July 17, 2019 in connection with the contemplated informal FPPC request.
• February 21, 2020 – The City Attorney sent Greg’s counsel a letter which, in part, alleged that Rusty’s (i) had “not completed the Phase II improvements, which are a condition precedent to the rent credits set forth in Section 7.1.3 of the RSR Lease” and (ii) had “not met the conditions precedent to the granting of the five-year extension option set forth in Section 3.1.3 of the RSR Lease.” Notably, the City made these assertions without first requesting an expenditure detail from Greg, without any discussion or acknowledgement of the impact of the October 31, 2018 letter from Mr. Harris on the Scope of Work under Section 7.1 of the Lease (which Greg believes constituted a written approval of a change in the Scope of Work pursuant to the terms of the Lease), without regard to Section 7.1.3 of the Lease which bifurcates rent credits between Phase I and Phase II (the City alleged in the letter that only Phase II improvements were incomplete yet failed to acknowledge that $125,000 of Phase I rent credits were well overdue to Rusty’s), without regard to the Lease requirement in Section 7.1.3(d) that, for purposes of rent credit determination, “Completion” has the same meaning as set forth in Civil Code section 3086, and without regard to Section 7.1.3(f) of the Lease (which allows unreceived Phase I rent credits to be applied to Phase II improvements). These issues are addressed more fully in section III below.
• April 2020 – Covid Pandemic began and restaurants on the Pier were shuttered. Greg resigned from his City Council position on June 24, 2020 to deal with the effects of the pandemic with the family’s Pier businesses. The economic impact of Covid is significant. In September 2021, the City sends Greg and Russell a Repayment Agreement and Addendum to the Lease regarding the repayment of rent abated during the Covid shuttering.
• March 29, 2022 – Russell sent David Martin an email requesting that the City transfer the Lease to Greg and that the City provide clarity on its position regarding the status of the first extension option under the Lease. Russell informed the City that Greg desired to make additional leasehold improvements to Rusty’s.
• April 19, 2022 – Jennifer Tayler responded to Russell’s email and requested information on the progress of the completion of the Phase I and Phase II tenant improvements and evidence of the Rusty’s expenditure amounts on such improvements as required under Section 3.1.3(c) of the Lease.
• April 19, 2022 to Present – Greg continues to engage in communications with the City to address the very same issues he raised back on May 10, 2019, along with his desired
4.C.b
Packet Pg. 117 Attachment: Attachment to May 17, 2023 Litigation Threat (6449 : Closed Session:Significant Exposure Litigation -Rusty Surf Ranch) 6 goals for Rusty’s. Disappointingly, the City continues to refuse to acknowledge pertinent terms of the Lease and comply with them in good faith.
To date, Greg has invested $78,097.82 in capital expenditures (i.e., not including FF&E or other non-capital expenditures). He has actively managed Rusty’s from September 28, 2018 to the present. Greg’s and HIMG’s combined capital expenditures related to leasehold improvements total approximately $516,095, the invoices and receipts for which have been submitted to the City for review. Further, none of the rent credits owed to Rusty’s pursuant to the terms of the Lease have been properly acknowledged and applied.
Greg recently proposed making additional capital expenditures to improvements of Rusty’s in the amount of at least $125,000 (discussed more fully below in Section IV hereof) but needs resolution on the items identified in Section III below, and approval of the items identified in Section IV below, before he is willing to undertake the additional expenditures. For the avoidance of doubt, Greg and HIMG believe the requested resolutions set forth in Section III hereof are supportable based on the current factual status and are not dependent on the proposed additional capital expenditures. Rather, Greg and HIMG believe such additional expenditures will offer additional economic benefits to all parties for the duration of the Lease.
III. Lease Matters Requiring Resolution
Based on recent correspondence with the City, the following items require timely resolution.
A. Grant of Extension Option
Sections 3.1.2 and 3.1.3 of the Lease grant HIMG a five (5) year extension option (“Extension Option”) subject to certain conditions being met. The parties have not reached a consensus as to whether the conditions under Sections 3.1.3(b) and 3.1.3(c) have been met.
Section 3.1.3(b) provides the condition that “Tenant has completed the Phase I Improvements and Phase II Improvements described in the Scope of Work set forth in Exhibit ‘7’ (‘Improvements’), as reasonably determined by the City Manager.” Further, Section 7.1 of the Lease provides that “Any changes in the Scope of Work shall be subject to written approval of Landlord, which shall not be unreasonably withheld.” (Emphasis added). As previously indicated to the City, all Phase I Improvements and the majority of the Phase II Improvements were completed prior to the reopening of the restaurant by March 4, 2019 as requested by Mr.
Harris in the City’s October 31, 2018 letter. Greg and HIMG believe that the City’s October 31, 2018 letter constitutes written approval of a change in the Scope of Work pursuant to Section 7.1 of the Lease.
Section 3.1.3(c) provides as follows:
4.C.b
Packet Pg. 118 Attachment: Attachment to May 17, 2023 Litigation Threat (6449 : Closed Session:Significant Exposure Litigation -Rusty Surf Ranch) 7 “Tenant has expended no less than $500,000 in direct, out-ofpocket, third party costs, before rent credits, to complete the Phase I Improvements and the Phase II Improvements, as determined by City’s review of all third party invoices; provided, however, that such third party costs shall not include (i) furniture, fixtures and equipment (‘FF &E’) and/or (ii) non-capital goods (including, without limitation, small wares)” (Emphasis added).
Greg and HIMG have submitted invoices and receipts supporting their combined capital expenditures totaling approximately $516,095. Such expenditures satisfy the condition set forth in Section 3.1.3(c).
Based on the above, Rusty’s has achieved all the conditions required for the Extension Option to be granted, and Greg and HIMG request that the City confirm the same in writing.
B. Rusty’s Eligibility to Receive Rent Credits
Section 7.1.3 of the Lease provides that Rusty’s is eligible for a tenant improvement rent credit (“Rent Credit”) during the initial Lease Term. The Rent Credit is due to Rusty’s upon “Completion” of Phase I and Phase II Improvements. “Completion” is defined in Section
7.1.3(d) of the Lease to have the same meaning as set forth in Civil Code section 3086 (subsequently replaced by Civil Code section 8180). Under either Civil Code section, the improvements are considered completed upon “the occupation or use of a work of improvement by the owner, or his agent, accompanied by cessation of labor thereon.” At the City’s written request set forth in Mr. Harris’ October 31, 2018 letter, Greg and HIMG stopped work on the remaining Phase II improvements, reopened Rusty’s before March 4, 2019 and began using the work of improvements (i.e., all of the Phase I Improvements and a majority of the Phase II Improvements). The cessation of the labor and the subsequent use of the improvements made up to that point constitute “Completion” as defined in Section 7.1.3(d) of the Lease. Thus, Rusty’s is currently entitled to receive $258,047.50 in Rent Credit (equal to the lesser of (i) 50% of actual eligible costs listed in the construction budget (excluding FF&E or other non-capital goods) or (ii) $516,095. See Section 7.1.3(a) of the Lease.
C. Approval of Transfer of Lease to Rusty’s
The Management Agreement contains a Purchase Option that provides Greg with the ability to exercise his right to purchase from HIMG the restaurant assets, including but not limited to the Lease. Section 15.1 of the Lease provides that the Lease may be transferred upon the written consent of the City, which shall not be unreasonably withheld. Additionally, Section 15.1.1(iii) provides that HIMG shall have the right to transfer to an Affiliate. Greg and HIMG recently notified the City of their desire to exercise the Purchase Option and requested that the City approve of the transfer. In response, the City mentioned the need to revisit the merchant diversity goals under the Santa Monica Pier Leasing Guidelines yet failed to acknowledge any of
4.C.b
Packet Pg. 119 Attachment: Attachment to May 17, 2023 Litigation Threat (6449 : Closed Session:Significant Exposure Litigation -Rusty Surf Ranch) 8 the aforementioned Lease terms applicable to the requested transfer. While the following discussion sets forth the exceptional community benefit continuously provided by Greg on the Pier (through his management of both The Albright and Rusty’s), Greg notes that the City did not object to the Management Agreement, (including the Purchase Option) pursuant to which Greg became the operator of Rusty’s in 2018. Furthermore, the City recently granted Greg a new lease via The Albright RFP process and presumably revisited the merchant diversity goals at that time, at the same time he was operating Rusty’s.
Furthermore, as attached there are currently 11 “brick & mortar” leases on the Pier with more than 400 sq ft of “rentable (non-patio) area.” The total rentable square feet of both Rusty’s and The Albright places Greg #7 & #8 out of 11 the leases. Currently there are 6 “sit-down” restaurants on the Pier. Considering the total rentable square feet of Rusty’s and The Albright, the two restaurants would be placed #4 & #5. Finally, Greg expects to continue operating Rusty’s for the duration of the Lease and its extensions, whether pursuant to the Management Agreement or the Purchase Option, and believes it would be unreasonable for the City to apply the merchant diversity standards differently under the two scenarios and in light of the total rentable square feet of all tenants on the Pier.
Greg’s continued operation of Rusty’s (including in the event the City approves of the below proposed path forward) will continue to provide exceptional community benefit to the Pier.
Greg is from Santa Monica, an alumni of Santa Monica public schools, a dedicated public servant and currently operates both Rusty’s and The Albright. Each restaurant is small (3035 and 2557 rentable square feet, respectively), they are unique and easily distinguishable from national corporate restaurant chains. Greg has managed various brands (fashion, skateboarding, restaurants, etc.) for more than 25 years and has the experience and wherewithal to successfully operate the two distinct restaurant brands. He employs socially responsible practices throughout the operations of both restaurants, including providing fully paid health benefits to employees, engaging in community and economic development (today via the Chamber of Commerce as Chairman) and is prepared to invest in and develop a housing strategy for staff. As discussed in section IV.B below Greg believes certain rent credits are due and available, and of these credit Greg will invest a minimum of $100,000 of the rent credit proceeds to a housing trust fund he intends to form for the benefit of, and in support of, housing needs of his staff (the EST1977 Group, “Housing Trust Fund"). Greg, an at-risk youth in Santa Monica, co-developed a micro entrepreneurial program with the Police Department’s Youth Diversion Group and, at its inaugural public event, dedicated outdoor dining space to the program as a sales venue – which was a huge success. He hosts community events at his restaurants Pier such as the SM Democratic Club ‘get out the vote’ letter writing campaign and Save the Pier play – for which he has also been a title partner since inception. Greg’s restaurant was the first green business on the Pier and helped lead best sustainable practices for all Pier restaurants. Today, he continues his focus on engaging in sustainable practices and developing sustainable tourism. Greg is a founding partner and sponsor in Heal the Bay’s AquaCulture program developing BlueTech workforce and sustainable food sources. Rusty’s is the party on the Pier and currently serves a specific demographic that yearns for DJ’s, and Karaoke, with plans to host young musicians
4.C.b
Packet Pg. 120 Attachment: Attachment to May 17, 2023 Litigation Threat (6449 : Closed Session:Significant Exposure Litigation -Rusty Surf Ranch) 9 looking for their breakout public performance (live music entertainment takes time to development, another reason why length of lease in important). Greg is visionary and innovative and intends to remain engaged in policies that address Pier Governance, Use & Access, Balance Beach/Pier Finances and the ultimate restoration of Pier Culture.
In short, Greg is qualified as a transferee pursuant to Article XV of the Lease and refusing to consent to the transfer of the Lease would be unreasonable. Further, even though Greg does not believe that the “exceptional community benefit” requirement is applicable to the transfer of the Lease given that the concept is not addressed in the terms of the Lease and given that Greg has managed and operated Rusty’s since 2018, Greg’s management of both The Albright and Rusty’s has provided, and will continue to provide, exceptional community benefit to the Pier and to the City of Santa Monica.
IV. Proposed Path Forward
Upon mutually agreeable resolution of the above items, Greg requests that the City approve of the following items pursuant to the applicable sections of the Lease:
A. Additional Proposed Improvements
Greg proposes to initiate the following additional improvements during the remainder of the initial Term and complete them during the Extension Option:
(i) Rebrand as Pappy’s Bar & Grill – “Pappy’s” is the name of Popeye’s father and is a salty, seaworthy name that fits well within the Pier ethos. (fyi – Popeye the sailorman was created on the SM pier by Elize Segar).
(ii) Transition to a modern venue with a roaring 20’s era of speak-easy design that offers a unique ability to provide entertainment (DJ’s, live music, comedy, plays, etc), capturing a unique demographic and making it the go-to place for a party on the Pier. (iii) Connect 2nd floor outdoor dining all the way around The Albright and continue through Rusty’s. The visibility of 2nd floor seating at Rusty’s would certainly draw more guests.
More so, it will add more seating in a prime location. The additional customers and seating will provide the city with greater percentage rent revenue. Creating shared and efficient access to 2nd story dining avoids the dedication of valuable real estate to multiple and redundant stairways and elevators while maintaining the ability for the City to manage two separate leaseholds by way of covenants and easement. Usable space on the Pier is critical to access and demand, the more efficient use of space drives percentage rent sales which mutually benefits operator and landlord.
(iv) Extend “Green” efforts by adding solar panels and batteries to support our high energy demands.
4.C.b
Packet Pg. 121 Attachment: Attachment to May 17, 2023 Litigation Threat (6449 : Closed Session:Significant Exposure Litigation -Rusty Surf Ranch) 10 Utilize the flat roof to locate planters for roof-top fruits and veggies and highlight these homegrown products on menus and marketing materials. Use the credibility gained from this effort as a marketing platform and become the first business in Santa Monica to grow on site the food it sells.
Greg expects that the above improvements will require capital expenditures in excess of $125,000. He expects that construction, not including planning and permitting, will take approximately 4 years, staggered over the winters. However, with current demands of City and state staff and commissions, the timelines could extend and there would need to be reasonable methods to resolve uncontrollable circumstances. The expected capital expenditures are exclusive of any contributions Greg makes to the Housing Trust Fund upon its formation.
B. Eligibility for Remaining Portion of Rent Credit
Greg requests that the above additional improvements, upon their Completion (as defined in the Lease), be eligible for the remaining Rent Credit under Section 7.1.3 of the Lease. For example, assuming the above requested Rent Credit of $258,047.50 is applied, then Rusty’s would be eligible for the remaining $41,952.50 in Rent Credit upon Completion of the additional Improvements. As provided above, Greg expects to contribute a minimum of the lesser of $100,000 or 50% of the Rent Credit he receives from the City to the Housing Trust Fund.
C. Eligibility for Second Extension Option Under November 28, 2017 Term Sheet HIMG and the City entered into that certain Term Sheet dated November 28, 2017 pursuant to which the City proposed terms and conditions for modifying the Lease to allow for a second five-year extension option (“Second Extension Option”) in order to amortize the estimated higher costs of the Phase II renovations. The Construction Budget set forth at Exbibit 9 of the Lease proposed a combined Phase I and Phase II expenditure budget range of $750,000 to $1,090,000, including leasehold improvements, FF&E, Small Wares, Signage and Contingency.
Greg and Russell are in the process of providing invoices for the non-capital/FF&E expenditures to date and, as indicated above, previously submitted invoices for capital expenditures totaling $516,095. Greg requests that the City modify the Lease to provide for the Second Extension Option in the event that, prior to the expiration of the First Extension Option, Rusty’s meets or exceeds the minimum threshold of $1,090,000 in total expenditures, such threshold to include all expenditures under the Lease, including capital expenditures, leasehold improvements, FF&E, small wares and any contributions to the Housing Trust Fund.
4.C.b
Packet Pg. 122 Attachment: Attachment to May 17, 2023 Litigation Threat (6449 : Closed Session:Significant Exposure Litigation -Rusty Surf Ranch) From: Angie Wang
To: Douglas Sloan; Isabel Birrueta
Cc: Kevin Kozal
Subject: Partial Response to May 15, 2023 Email re Rusty"s on the Pier - Settlement Communication Date: Wednesday, May 17, 2023 8:23:43 AM
EXTERNAL
California Evidence Code Section 1152(a) Settlement Communication:
Ms. Birrueta,
I represent Greg Morena in connection with his obligations under that certain Management Agreement between Hospitality Industry Management Group, LLC, dba Santa Monica Pier Rustys Surf Ranch (“HIMG”) and Greg Morena (the, “Management Agreement”). Kevin Kozal and Mr.
Morena shared with me your email sent yesterday, May 15, 2023, requesting additional information supporting legal claims Mr. Morena may have against the City in connection with the issues repeatedly raised by Mr. Morena during the past four years and which were identified again recently in in the April 27, 2023 letter from Mr. Kozal’s law firm to the City. Mr. Morena appreciates your attention to this matter and is working to separately provide you with the business operations and assignment information you request in your email. Mr. Morena has previously provided the City with much of the information you request, but he is happy to provide it again, collectively with the additional information you request, as the parties work in good faith toward an efficient and mutually acceptable resolution. Importantly, Mr. Morena does not believe that his requests and suggestions for resolution on the items set forth in Mr. Kozal’s April 27, 2023 letter constitute “substantial lease modifications.” Rather, Mr. Morena’s primary objectives are to continue operating Rusty’s under the existing Lease with modifications made to address and clarify certain Lease rights and obligations with respect to which the parties have been communicating over the past four (4) years.
Mr. Morena provided the City with a copy of the Management Agreement on October 9, 2018, and the City approved of the Management Agreement in writing on November 30, 2018 providing, “Greg, or his assignee pursuant to the Management Agreement will work to reopen [Rusty’s] as soon as practicable, but no later than March 4, 2019.” Pursuant to Section 1 of the Management Agreement, Mr. Morena or his assignee is required to operate Rusty’s under the Lease: “All obligations of the operations shall be that of Manager. Manager shall directly pay Landlord rent due under the Lease.” Voluminous correspondence over the past approximately four (4) years exists between Mr. Morena and the City in connection with Mr. Morena’s management of Rusty’s pursuant to the Management Agreement.
The attached Summary of Timelines and Formal Request was submitted to the City on September 2, 2022 (the “Summary”). The Summary provides detailed information on the various issues that were raised in the April 27, 2023 letter from Mr. Kozal’s law firm to the City and that you enumerate in your email. The Summary also shows that Mr. Morena asked the City to address the very same issues as early as May 10, 2019, which was over four (4) years ago. Mr. Morena has verified and confirms that the City paid $125,000 to HIMG in rent credits related to the Phase I improvements, so
4.C.c
Packet Pg. 123 Attachment: May 17, 2023, Morena's Litigation Threat (6449 : Closed Session:Significant Exposure Litigation -Rusty Surf Ranch) the total rent credit amount identified as available in the Summary should be adjusted to reflect the subtraction of the $125,000.
In addition to the information set forth in the attached Summary, the extensive correspondence between Mr. Morena and the City in connection with Mr. Morena’s management and operation of Rusty’s reflects clear and, at times explicit, attempts by the City to undermine and interfere with Mr.
Morena’s ability to comply with his obligations under the Management Agreement. For example, in one email dated July 14, 2021, the City asserted, “The tenant owes delinquent rent. The City won’t consent to a sale until this is resolved.” The delinquent rent referred to by the City was in connection with the City’s Covid-19 rent abatement made available to all its tenants city-wide, including those on the Pier. Mr. Morena, on behalf of Rusty’s, signed the rent repayment agreement which became effective October 1, 2021. Despite this resolution, the City still refuses to consent to the assignment of the Lease to Mr. Morena in connection with the exercise of the purchase option available under the Management Agreement. Another example, in the same email dated July 14, 2021, the City encouraged Mr. Morena to engage in “management agreement negotiations” despite knowing that the Management Agreement had already been executed. Similarly, on November 3, 2021, the City encouraged Mr. Morena to breach the Management Agreement and redirect payment of the management fee to the City for the rent that had been abated during Covid pursuant to the City’s rent abatement program. Mr. Morena believes the City’s actions and omissions in connection with Mr. Morena’s management and operation of Rusty’s constitute intentional and tortious interference with Mr. Morena’s contractual relations and such interference has caused and continues to cause damage to Mr. Morena. Mr. Morena also believes that the City has breached its obligations under the Lease (both contractual and the implied covenant of good faith) and that Mr. Morena, as the approved manager who’s been engaged in direct privity with the City in connection with the Lease obligations as required under the Management Agreement, has been and continues to be damaged as a result. The City cannot rely on a waiver and estoppel privilege to justify four (4) years of conduct that has, at best, confused, delayed and obstructed Mr.
Morena’s good faith attempts to comply with Rusty’s Lease obligations as pursuant to the Management Agreement.
Mr. Morena understands that the City is now taking the position that the Phase II improvements must be completed prior to the lease extension as well as a lease assignment to Mr. Morena. Rather than litigate over whether, and the extent to which, the City’s conduct and communications over the past four (4) years constitute actionable legal violations giving rise to damages to Mr. Morena, Mr.
Morena is proposing that: (1) the City and Mr. Morena jointly identify and agree on the Phase II items remaining to be completed on Exhibit 7 – Scope of Work; (2) the City, HIMG and Mr. Morena amend Exhibit 7 – Scope of Work as necessary to address items no longer relevant or appropriate; (3) the City, HIMG and Mr. Morena amend the Lease term to allow for Mr. Morena to complete the remaining Phase II improvements commenced in good faith by Mr. Morena; (4) the City, HIMG and Mr. Morena amend the Lease to effectuate its assignment pursuant to its terms; (5) the City and Mr.
Morena amend the Lease to allow for the name of the restaurant to be changed; and (6) the City and Mr. Morena amend the Lease to effectuate a second five-year extension option pursuant to the terms of that certain Term Sheet dated November 28, 2017 between the City and HIMG. Without waiving any rights, these items are listed in the order of Mr. Morena’s priorities. Mr. Morena desires to address (1), (2) and (3) above immediately as time continues to be of the essence and these items
4.C.c
Packet Pg. 124 Attachment: May 17, 2023, Morena's Litigation Threat (6449 : Closed Session:Significant Exposure Litigation -Rusty Surf Ranch) are needed prior to commencing the work on the remaining Phase II improvements.
Mr. Morena is hopeful that this additional information will be helpful to the City as it evaluates paths forward. Mr. Morena and Mr. Kozal will separately provide the City with the business and personal information requested in your May 15, 2023 email. This is not a full recitation of the facts and claims Mr. Morena may have against the City and Mr. Morena reserves all his rights under the law and in equity in connection with this matter. As stated in Mr. Kozal’s April 27, 2023 Letter to the City, Mr.
Morena believes his requests and recommendations to resolve the items that have now been in queue with the City for over four (4) years would achieve results entirely consistent with the intent and purpose of the original terms of the lease and he remains hopeful that the parties will be able to work toward a mutually beneficial resolution that avoids unnecessary litigation.
Sincerely,
Angela K. Wang
The Law Offices of Angela K. Wang
650 Lorna Lane
Los Angeles, CA 90049
P (949) 244-8335
www.angiewanglaw.com
Confidentiality Notice: This communication and its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient. Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws. If you are not the intended recipient, please contact the sender and destroy all copies of this communication.
4.C.c
Packet Pg. 125 Attachment: May 17, 2023, Morena's Litigation Threat (6449 : Closed Session:Significant Exposure Litigation -Rusty Surf Ranch) City Council
Report
City Council Meeting: May 28, 2024
Agenda Item: 4.D
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office Subject: Conference with real estate negotiator - Gov. Code §54956.8: property: 1855 Main Street (Civic Auditorium) (APN 4290-013-901); City negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Economic Development Administrator; owner of record: City of Santa Monica; persons to be negotiated with: Russell Geyser and Tim Sexton, Revitalization Partner Group, LLC; under negotiation: price and terms of payment Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:
A. Written Comments
4.D
Packet Pg. 126
1 David Yakobson
From: Jacqueline Lennon <[email protected]>
Sent: Tuesday, May 28, 2024 11:59 AM
To: councilmtgitems
Subject: STC - May 28, 2024 Agenda 4D
EXTERNAL
Dear City Council Members,
Born and raised in the Venice/Santa Monica neighborhood (my grandparents settled in Venice in 1917), and having lived the majority of my life on the Westside, I have many fond memories of attending events at the Santa Monica Civic Auditorium. The Santa Monica Civic is a legend location and should be saved!
I understand that today you have an opportunity to enter into negotiations with RPG (Revitalization Partners Group, LLC) to restore and reopen the Civic Auditorium as a destination performing arts and cultural center for Los Angeles and the Westside.
I believe it is imperative that our Civic Auditorium be saved and kept in public hands, and that Santa Monica residents continue to own the Civic. I understand that RPG is an experienced entertainment consortium and will not require any public funds.
Thank you for your consideration.
Sincerely,
Jacqueline Lennon
[email protected]
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 127 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 2 David Yakobson
From: Carol Joffe <[email protected]>
Sent: Tuesday, May 28, 2024 11:46 AM
To: councilmtgitems
Subject: Save the Civic
EXTERNAL
Please fight the takeover of our once beauƟful and special city from the gargantuan greed mongers who want to take the money and run.
Our Civic Center is vital to maintain our cultural life here in Santa Monica Make it STOP here The way things are going there will be no quality of life at all Thank you for your consideraƟon Carol Joffe Sent from my iPhone Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 128 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 3 David Yakobson
From: Carol Lemlein <[email protected]>
Sent: Tuesday, May 28, 2024 11:44 AM
To: councilmtgitems
Subject: May 28 Agenda Item 4D Conference with real estate negotiator for 1855 Main Street
EXTERNAL
Mayor Brock, Mayor Pro-Tem Negrete and Council Members, We are writing to you today on behalf of the Santa Monica Conservancy Board of Directors. We are very encouraged to hear that at least one response to the LOI process has emerged. We ask Council to take the steps necessary to allow RPG (Revitalization Partners Group LLC) to develop a proposal.
The Conservancy has been very concerned that for more than 10 years, the Civic Auditorium has been standing vacant, in need of seismic upgrade and restoration before it can once again be put to use as a community resource. Continued vacancy is a threat to this important historic building! Thank you for your consideration,
Carol Lemlein and Ruthann Lehrer
Advocacy Co-Chairs,
Santa Monica Conservancy Board of Directors
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 129 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 4 David Yakobson
From: Alisa Becket <[email protected]>
Sent: Tuesday, May 28, 2024 11:39 AM
To: councilmtgitems
Subject: May 28, 2024 Agenda 4D.
EXTERNAL
Dear council members,
I am writing in support of the restoration project of the Santa Monica Civic Auditorium. My grandfather, Welton Becket was the architect of the Santa Monica Civic Auditorium and designed the building to be a cultural center for the city of Santa Monica to serve as a public auditorium. Now a historical landmark, the building is an architectural treasure in our city and in need of restoration to be used again to serve the public. This landmark building should be preserved, not demolished.
Public land should not be privatized; neither the Civic nor the land around it should be sold to a private entity.
City-owned performing arts centers are rare and important; the Civic should not be repurposed but restored for its original purpose as a performing arts and cultural center.
Thank you for your time and attention to the important matter.
Alisa Becket
Alisa Becket
[email protected]
310-430-5427
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 130 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 6 David Yakobson
From: L. Barber & C. Yost <[email protected]>
Sent: Tuesday, May 28, 2024 11:07 AM
To: councilmtgitems
Subject: Proposal for the Santa Monica Civic
EXTERNAL
Dear Council Members,
It has come to my attention that you have an option before you to upgrade and restore the Santa Monica Civic Auditorium as a performing arts and cultural center. As someone who remembers with great affection seeing Van Morrison, Bruce Springsteen, Stevie Wonder and other stellar artists at the Civic, I am writing to urge you to move forward with that option with all deliberate speed.
I was working as a cook in 1972 on the Santa Monica Pier when an action to demolish the Pier came about following the defeat of the man-made island concept. Residents of Santa Monica, working people from the Pier and other community activists banded together to fight against the demolition. As Coordinator of Friends of Santa Monica Pier at that time, we engaged community members to let their interest and feelings be known about keeping the Pier through letters and attendance at meetings of the council. Ultimately, it took the defeat of three council members to accomplish the task of saving the pier.
The movement to save Santa Monica Civic Auditorium seems to bear similar markings to that situation in the early 1970s. The Santa Monica Pier is now a vibrant asset of the city and the proposal from Revitalization Partners Group presents the council with a realistic and rewarding chance for the Civic to be an equivalent dynamic asset.
It is my hope that you will take this positive step toward injecting the Civic with new energy and preserve this treasured piece of Santa Monica’s history.
Sincerely,
Larry Barber
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 131 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 7 David Yakobson
From: Mike Bone <[email protected]>
Sent: Tuesday, May 28, 2024 11:04 AM
To: councilmtgitems
Subject: May 28, 2024 Agenda 4D Santa Monica Civic Center
EXTERNAL
Council Members,
The Santa Monica Civic must maintain its public ownership. Future operators should be professionals with concert venue experience so there is the best possible chance of success. Once an agreement is reached, I would encourage the city to stay out of the operation of the Civic. Let the pros do their job.
If this is done properly, a vibrant Civic Auditorium will be an economic driver for Northern Main Street, Pico Boulevard, the Santa Monica Place and the 3rd Street Promenade. The hotels and restaurants will be positively impacted…..resulting in FURTHER tax benefits for the City of Santa Monica.
One need to look no further than the Walt Disney Concert Hall to see how this can be done.
Thank you.
Mike Bone
Mike Bone
[email protected]
310 795 3231 mobile
“Opportunity is missed by most people because it is dressed in overalls and looks like work.” T. Edison Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 132 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 8 David Yakobson
From: Jennifer Blum <[email protected]>
Sent: Tuesday, May 28, 2024 11:00 AM
To: councilmtgitems
Subject: Our Civic Auditorium
EXTERNAL
> hƩps://urldefense.com/v3/__hƩps://www.savethecivic.org/so/fcO_OE56y?languageTag=en&cid=e8d25d87-32dc4916-98f7-761516c1b8a8__;!!OfuUnHCITYtmmjM!oYrKNREmkeit2JjdjwQZi6nZRh1- uiQLw0wHPx8tNW1OEbbe1es84lGClbOC444UDBbDUo01Br9bzG-RMIIZ3Ks8dPwQ$ ®ion=9caeacee-a183-4d68-91a6- 71bd89bca6f2
<hƩps://urldefense.com/v3/__hƩps://www.savethecivic.org/so/fcO_OE56y?languageTag=en&cid=e8d25d87-32dc4916-98f7-761516c1b8a8®ion=9caeacee-a183-4d68-91a6- 71bd89bca6f2__;!!OfuUnHCITYtmmjM!oYrKNREmkeit2JjdjwQZi6nZRh1- uiQLw0wHPx8tNW1OEbbe1es84lGClbOC444UDBbDUo01Br9bzG-RMIIZ3Oarvp1k$ > Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 133 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 9 David Yakobson
From: [email protected]
Sent: Tuesday, May 28, 2024 10:42 AM
To: councilmtgitems
Subject: https://www.savethecivic.org/so/fcO_OE56y?languageTag=en&cid= 37b21b3b-3d07-4242-9816-fbf21a715b57®ion=9caeaceea183-4d68-91a6-71bd89bca6f2
EXTERNAL
Our Civic Auditorium (savethecivic.org)
Marvina L. Miller,
Property Manager
Century Commercial Brokerage Company
Phone: 310-394-4991x227
Mobile: 323-854-5110
Email: [email protected]
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 134 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 10 David Yakobson
From: Steven Johnson
Sent: Tuesday, May 28, 2024 10:41 AM
To: councilmtgitems
Cc: Jenny Rogers; David White; Phil Brock; Christine Parra; Lana Negrete; Oscar de la Torre; Jesse Zwick; Gleam Davis; Caroline Torosis; Ann Bowman; Lori Brown; Arati Desai Wagabaza; Maryanne LaGuardia; John Smith; Andrew Gomez; Noe Mendoza; Jennifer Taylor; Nia Tang
Subject: Recreation & Parks Commission and the Civic Auditorium Attachments: Recreation and Parks Commission Letter To Council Re The Civic Auditorium.pdf Dear Mayor Brock, Mr. White, and Esteemed Councilmembers:
Pursuant to the directive outlined in Article X, Section 1014 of the City Charter (Recreation and Parks Commission. Powers and duties.) with respect to all matters pertaining to public recreation, including playgrounds, music and entertainment, our Commission (RPC) voted unanimously on September 19, 2023 in support of the City retaining ownership of the Civic Auditorium and the RPC submitted a letter to you dated September 28, 2023 (copy attached) in which we highlighted the significant input provided by the community over several decades in favor of revitalizing the Auditorium, which historically has been the community's most significant venue for civic and public life.
The letter also spotlighted for Council that during the Civic Working Group (CWG) process (2013-2014) over 1,700 individuals, most of whom resided or worked in the City at that time, provided input during the process and per the CWG Report (page 20) "[t]he overwhelming public response...reflected a desire to maintain the Civic for performing arts and cultural uses".
Further, in our September 28, 2023 letter we recognized the most recent public sentiments expressed at Council and other public community meetings in strong support of maintaining the Auditorium exclusively as a civic asset in perpetuity.
We are gratified to see that this community hope and goal may be advanced tonight in Closed Session Item 4.D. The RPC looks forward to working with Council, Staff, Revitalization Partners Group, LLC, and the community to restore and reopen the Auditorium as a civic, cultural, and performance venue.
Sincerely,
Recreation and Parks Commission
Steven Johnson, Chair
Andrew Gomez, Vice Chair
Maryanne LaGuardia
Lori Brown
John C. Smith
Arati Desai Wagabaza
Ann K. Bowman
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 135 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 11 Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 136 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) Recreation and Parks Commission
September 28, 2023
Mayor and City Council Members
City of Santa Monica
1685 Main Street,
Santa Monica, CA 90401
Re: The Civic Auditorium
Dear Mayor Davis and City Council members:
Pursuant to the directive outlined in Article X, Section 1014 of the City Charter (Recreation and Parks Commission. Powers and duties.) with respect to all matters pertaining to public recreation, including playgrounds, music and entertainment, our Commission voted unanimously on September 19, 2023 in support of the City retaining ownership of the Civic Auditorium and to advise and notify you as follows:
We emphasize that the Commission is against the City selling the Auditorium to any third party, including to the Santa Monica-Malibu Unified School District (SMMUSD), for any purpose.
We highlight the significant input provided by the community over several decades in the Civic Center Specific Plan (CCSP), which is the governing planning document for the Civic Center area. The Auditorium is the centerpiece of the CCSP and historically has been the community's most significant venue for civic and public life. We also call your attention to the many hours of community input that informed the Civic Working Group (CWG) process in 2014-2015, which is reflected in the CWG Report dated November 2015, presented to Council in February 2016.
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 137 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) The then-Chair of the Recreation and Parks Commission was among the nine members appointed by Council to the CWG, along with appointees from the Arts, Planning, and Landmarks Commissions.
Over 1,700 individuals, most of whom resided or worked in the City at that time, provided input during the CWG process and per the CWG Report (page 20) "[t]he overwhelming public response...reflected a desire to maintain the Civic for performing arts and cultural uses".
Further, the Commission recognizes recent public sentiments expressed at Council, School Board, and other public community meetings in strong support of maintaining the Auditorium exclusively as a civic asset in perpetuity.
Accordingly, we advise Council to end negotiations with SMMUSD under the Surplus Land Act as soon as legally possible and suggest this process move forward quickly enough to preserve the possibility of a reopening in conjunction with the 2028 Los Angeles Olympics.
The Recreation and Parks Commission looks forward to working with City Council, Staff and the community to revitalize the Auditorium as a civic, cultural, and performance venue.
Sincerely,
Santa Monica Recreation and Parks Commission
Maryanne LaGuardia, Chair
Andrew Gomez, Vice Chair
Lori Brown
John Cyrus Smith
Arati Desai Wagabaza
Steven Johnson
Ann Bowman
Cc: David White, City Manager
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 138 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 1 David Yakobson
From: Elizabeth Van Denburgh <[email protected]>
Sent: Tuesday, May 28, 2024 10:39 AM
To: Phil Brock; Lana Negrete; Christine Parra; Oscar de la Torre; Gleam Davis; Caroline Torosis; Jesse Zwick; councilmtgitems
Cc: David White; Douglas Sloan
Subject: Wilshire Montana Neighborhood Coalition (Wilmont): City Council - 5/28/2024 Item 4D -- SUPPORT -- Save the Civic Auditorium
EXTERNAL
To: Mayor Brock and City Council members
From: Wilshire Montana Neighborhood Coalition (Wilmont), Board of Directors RE: Saving the Santa Monica Civic Auditorium
------------------------------------------------------------------------------------------------------- The Board of the Wilshire Montana Neighborhood Coalition (Wilmont) urges the City Council, and supports Friends of Sunset Park’s letter, to enter into an exclusive negotiation agreement with the Revitalization Partners Group.
Background: On January 5, 2024, the City formalized a process seeking qualified suitors to lease, restore, and operate the Civic Auditorium with an announcement calling for experienced entertainment and operating entities to submit letters of intent by January 31st.
The Revitalization Partners Group (RPG) stepped forward with a plan for a revitalized Civic Auditorium and presented it at a recent Neighborhood Council meeting.
Their plan includes the following:
1) public land should not be privatized,
2) publicly-owned performing arts and cultural facilities should be maintained, 3) this City landmark and its original purpose should be maintained, and Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 139 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 2 4) the City will not be asked for funding.
The next step is for the City Council to decide whether to enter into an exclusive negotiation agreement with the Revitalization Partners Group.
Again, the Board of Directors of the Wilshire Montana Neighborhood Coalition (Wilmont) urges the City Council to enter into an exclusive negotiation agreement with the Revitalization Partners Group.
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 140 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 12 David Yakobson
From: Mark Rosman <[email protected]>
Sent: Tuesday, May 28, 2024 9:08 AM
To: councilmtgitems
Subject: May 28, 2024 Agenda 4D
EXTERNAL
Dear Council Member,
On May 28, 2024 you have an opportunity to enter into an ENA with Revitalization Partners Group (RPG) to seismically upgrade, restore, program, and operate our Landmark Civic Auditorium as a performing arts and cultural center. Save the Civic urges you to act without delay.
Save the Civic (STC) was formed after an outpouring of resident concern that the Cityowned Civic Auditorium had been declared surplus land, enabling its possible sale.
Save the Civic had three guiding principles:
1) Public land should not be privatized; neither the Civic nor the land around it should be sold to a private entity.
2) This landmark building should be preserved, not demolished.
3) City-owned performing arts centers are rare and important; the Civic should not be repurposed but restored for its original purpose as a performing arts and cultural center.
STC was also aware that the City had no funds to restore the Civic, nor did we think it wise for taxpayers to be asked to pay for such a project. The Civic would have to be financially self-sufficient, and optimally it should create a future revenue stream for the City.
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 141 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 13 Now you have an exceptional opportunity to enter into an ENA with RPG, a group that checks all of these boxes.
This opportunity comes to you after hard work from residents to make it happen. It is also a chance for the City and residents to work together to create something wonderful and exciting - - a chance to restore a vacant and respected landmark and turn it into a worldclass performing arts and cultural center and an economic generator.
From where we sit, it’s a win-win.
We hope you will vote to enter into an ENA with the Revitalization Partners Group so we can keep this exciting prospect for Santa Monica moving forward.
Thanks,
Mark Rosman
And
Thank you from Save the Civic,
Bea Nemlaha
Diana Gordon
Lori Nafshun
Victor Fresco
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 142 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 14 David Yakobson
From: Jacob Feldman <[email protected]>
Sent: Tuesday, May 28, 2024 9:05 AM
To: councilmtgitems
Subject: Save the Civic
EXTERNAL
Dear Council Member,
On May 28, 2024 you have an opportunity to enter into an ENA with Revitalization Partners Group (RPG) to seismically upgrade, restore, program, and operate our Landmark Civic Auditorium as a performing arts and cultural center. Save the Civic urges you to act without delay.
Save the Civic (STC) was formed after an outpouring of resident concern that the Cityowned Civic Auditorium had been declared surplus land, enabling its possible sale.
Save the Civic had three guiding principles:
1) Public land should not be privatized; neither the Civic nor the land around it should be sold to a private entity.
2) This landmark building should be preserved, not demolished.
3) City-owned performing arts centers are rare and important; the Civic should not be repurposed but restored for its original purpose as a performing arts and cultural center.
STC was also aware that the City had no funds to restore the Civic, nor did we think it wise for taxpayers to be asked to pay for such a project. The Civic would have to be financially self-sufficient, and optimally it should create a future revenue stream for the City.
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 143 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 15 Now you have an exceptional opportunity to enter into an ENA with RPG, a group that checks all of these boxes.
This opportunity comes to you after hard work from residents to make it happen. It is also a chance for the City and residents to work together to create something wonderful and exciting - - a chance to restore a vacant and respected landmark and turn it into a worldclass performing arts and cultural center and an economic generator.
From where we sit, it’s a win-win.
We hope you will vote to enter into an ENA with the Revitalization Partners Group so we can keep this exciting prospect for Santa Monica moving forward.
Thank you from Save the Civic,
Bea Nemlaha
Diana Gordon
Lori Nafshun
Victor Fresco
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 144 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 16 David Yakobson
From: Council Mailbox
Sent: Tuesday, May 28, 2024 8:31 AM
To: councilmtgitems
Subject: Fw: May 28, 2024 Agenda 4D
From: Faustino Garza <[email protected]>
Sent: Tuesday, May 28, 2024 7:35 AM
To: Council Mailbox <[email protected]>
Subject: May 28, 2024 Agenda 4D
EXTERNAL
To: Santa Monica City Council Members
Fe: Santa Monica Civic Center
I support the recommendation made to you by Save the Civic to enter into an ENA with the Revitalization Partners Group in order to keep this prospect for Santa Monica moving forward.
This opportunity comes to you after hard work from residents to make it happen. It is also a chance for the City and residents to work together to create something wonderful and exciting - - a chance to restore a vacant and respected landmark and turn it into a world-class performing arts and cultural center and an economic generator.
Faustino Garza
37-year homeowner and resident
Sunset Park
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 145 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 17 David Yakobson
From: Nancy Morse <[email protected]>
Sent: Tuesday, May 28, 2024 8:02 AM
To: councilmtgitems
Subject: May 28, 2024 Agenda 4D
EXTERNAL
To: City Council
From: Nancy Morse
Subject: May 28, 2024 Agenda 4D
Please enter into an agreement with RevitalizaƟon Partners Group (RPG) to seismically upgrade, restore, program, and operate our Landmark Civic Auditorium as a performing arts and cultural center. To do this will be a benefit to the city and ciƟzens of Santa Monica.
Please respect that this is a city-owned building, and should remain as such. The building and land should remain public, not be sold or privaƟzed. It should not be repurposed nor demolished.
The Civic Auditorium has a large cultural history in Santa Monica, and it should be restored to that.
Please respect the history and ciƟzens of Santa Monica, and allow RPG to save the Civic Auditorium.
Sincerely,
Nancy Morse
Resident of Santa Monica since 1980s
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 146 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 1 David Yakobson
From: Gina Novish <[email protected]>
Sent: Tuesday, May 28, 2024 7:20 AM
To: councilmtgitems
Subject: May 28, 2024 Agenda 4D.
EXTERNAL
Dear Council.
Please save the Civic! It is THE Santa Monica landmark. Please save some of the historical culture of the city of Santa Monica.
All the best,
Gina Reichardt
Santa Monica resident.
Sent from space
[email protected]
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 147 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 2 David Yakobson
From: Jaleh MIRHASHEMI <[email protected]>
Sent: Tuesday, May 28, 2024 12:21 AM
To: councilmtgitems; Phil Brock; Gleam Davis; Oscar de la Torre; Lana Negrete; Christine Parra; Jesse Zwick; Caroline Torosis; David White
Cc: Susan Cline; Douglas Sloan; Susan Cola; Jennifer Taylor; Nia Tang; Jenny Rogers; Christopher J. Smith; David Martin; Jing Yeo; Steven Johnson; John Smith; Ann Bowman Subject: May 28, 2024 Council Meeting - Closed Session Item 4.D. - Civic Auditorium & RPG
EXTERNAL
Dear Mayor Brock, Mr. White, and Esteemed Councilmembers:
We have been waiting very long to renovate and reopen our Santa Monica's landmark Civic Auditorium. Reviving the Civic Auditorium as a destination for performing arts and cultural center like in the past, was a dream for the SM residents and many others.
The Revitalization Partners Group, LLC, that is currently under the negotiating with you, considering that they offer to save our public land with no need of any public funds, would be a great opportunity for our city. The reopening of the Civic Auditorium would have a great impact on our city's economy as well.
We highly recommend and urge you to partner with RPG to restore the Civic Auditorium without any delay.
Thank you for your time and efforts.
Sincerely,
Jaleh Mirhashemi
Co-Chair, Civic Center Task Force
Resident, 23 years
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 148 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 1 David Yakobson
From: Richard Lewis <[email protected]>
Sent: Monday, May 27, 2024 4:55 PM
To: councilmtgitems
Subject: STC
EXTERNAL
Hello,
I encourage you to please partner with RPG and save our most beloved Civic Center.
As a resident of Santa Monica for the last 20 years I have had the pleasure of aƩending shows, concerts and events at the civic center. My kids have many great memories of helping out at the Westside Thanksgiving day celebraƟon dinners which used to be held there. I really hope we can tap into the great potenƟal for our community that will come with restoring a cultural hub like the Civic Center.
Richard J Lewis
1701 Oak Street
Santa Monica 90405
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 149 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 3 David Yakobson
From: Ingez Rameau <[email protected]>
Sent: Monday, May 27, 2024 11:51 PM
To: councilmtgitems
Subject: Save The Civic
EXTERNAL
Dear Council Member,
On May 28, 2024 you have an opportunity to enter into an ENA with Revitalization Partners Group (RPG) to seismically upgrade, restore, program, and operate our Landmark Civic Auditorium as a performing arts and cultural center. Save the Civic urges you to act without delay.
Save the Civic (STC) was formed after an outpouring of resident concern that the Cityowned Civic Auditorium had been declared surplus land, enabling its possible sale.
Save the Civic had three guiding principles:
1) Public land should not be privatized; neither the Civic nor the land around it should be sold to a private entity.
2) This landmark building should be preserved, not demolished.
3) City-owned performing arts centers are rare and important; the Civic should not be repurposed but restored for its original purpose as a performing arts and cultural center.
STC was also aware that the City had no funds to restore the Civic, nor did we think it wise for taxpayers to be asked to pay for such a project. The Civic would have to be financially self-sufficient, and optimally it should create a future revenue stream for the City.
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 150 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 4 Now you have an exceptional opportunity to enter into an ENA with RPG, a group that checks all of these boxes.
This opportunity comes to you after hard work from residents to make it happen. It is also a chance for the City and residents to work together to create something wonderful and exciting - - a chance to restore a vacant and respected landmark and turn it into a worldclass performing arts and cultural center and an economic generator.
From where we sit, it’s a win-win.
We hope you will vote to enter into an ENA with the Revitalization Partners Group so we can keep this exciting prospect for Santa Monica moving forward.
Thank you.
Ingez Rameau
(310) 713-1793
www.ingezrameau.com
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 151 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 5 David Yakobson
From: Ali <[email protected]>
Sent: Monday, May 27, 2024 11:18 PM
To: councilmtgitems
Subject: May 28, 2024 Agenda 4D. Civic
EXTERNAL
I am writing to support the work of Save the Civic to keep the Civic owned by the City, and to restore and reopen it.
Ali Stirland
142 Hart Avenue, Santa Monica
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 152 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 6 David Yakobson
From: Bea Nemlaha <[email protected]>
Sent: Monday, May 27, 2024 10:13 PM
To: councilmtgitems; Phil Brock; Gleam Davis; Oscar de la Torre; Lana Negrete; Christine Parra; Jesse Zwick; Caroline Torosis
Cc: David White; Douglas Sloan; Douglas Sloan
Subject: May 28, 2024 Agenda Item 4D, Civic Auditorium
EXTERNAL
Mayor Brock, Mayor Pro Tem Negrete, and Honorable Council Members, Tonight you have a singular opportunity to be the Council that recognizes and moves forward with an exciting vision for Santa Monica’s future. You can partner with Revitalization Partners Group (RPG), an experienced, professional entertainment consortium, to restore and re-open our publicly owned Civic Auditorium as a performing arts and cultural center at no cost to the City. The economic and cultural benefits to Santa Monica, its business community and residents, indeed to the entire Westside and Los Angeles will be enormous and are needed and desired.
Please vote unanimously to enter into an Exclusive Negotiating Agreement with RPG tonight without delay. Thank you Council.
Bea Nemlaha,
Ocean Park Resident
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 153 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 7 David Yakobson
From: Noma Boardmember <[email protected]>
Sent: Monday, May 27, 2024 9:45 PM
To: councilmtgitems; Caroline Torosis; Christine Parra; Gleam Davis; Jesse Zwick; Lana Negrete; Oscar de la Torre; Phil Brock
Cc: David White; Douglas Sloan; Bruce Leddy
Subject: Council Mtg 5/28/24 - Agenda Item 4D.
EXTERNAL
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
May 27th, 2024
TO: Mayor Brock and City Council Members
FROM: The Board of NOMA
RE: The Civic Auditorium/RPG
The Board of NOMA urges City Council to enter into an exclusive negotiation agreement with Revitalization Partners Group for the renovation and operation of the Civic Auditorium. This highly qualified group – with extensive experience in both venue rehabilitation and concert promotion – is the ideal partner for the city on this ambitious project. With the benefit of their careful planning and execution, Santa Monica will once again have a world-class arts and entertainment venue, helping to revitalize downtown and furthering our city's reputation as a renowned center for arts and culture. Remarkably, their proposal will achieve all this at no cost to the city or taxpayers.
This rare chance to save a beloved, historic, Landmarked building and return it to its former glory through the efforts of an eminently qualified group should be a 'no brainer.' Please don't miss this golden opportunity.
Sincerely,
The Board of Noma
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 154 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 8 Bruce Leddy, Chair
NOMA'S Next Meeting is JUNE 6TH at 7PM on ZOOM
https://us02web.zoom.us/j/81526517066
smnoma.org
[email protected]
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 155 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 9 David Yakobson
From: Jennifer Porzio <[email protected]>
Sent: Monday, May 27, 2024 9:04 PM
To: councilmtgitems
Subject: Save the Santa Monica Civic!
EXTERNAL
Dear Santa Monica City Council,
The Santa Monica Civic is a part of Santa Monica History and needs to be preserved! You have an unparalleled opportunity to enter into negoƟaƟons with RPG (RevitalizaƟon Partners Group, LLC) to restore and reopen our Civic Auditorium as a desƟnaƟon performing arts and cultural center for Los Angeles and the Westside.
Santa Monica residents will conƟnue to own the Civic. RPG will not need any public funds. RPG is an experienced entertainment consorƟum of Make Good Group, Geyser Holdings, Irving Azoff, Oak View Group, and Live NaƟon.
This is win-win opportunity. Please negoƟate in good faith to restore the Santa Monica Civic Auditorium! Thank you,
Jennifer Porzio
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 156 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 10 David Yakobson
From: Ann Hoover <[email protected]>
Sent: Monday, May 27, 2024 8:46 PM
To: councilmtgitems; Phil Brock; Gleam Davis; Oscar de la Torre; Lana Negrete; Christine Parra; Jesse Zwick; Caroline Torosis; David White
Cc: Susan Cline; Douglas Sloan; Susan Cola; Jennifer Taylor; Nia Tang; Jenny Rogers; Christopher J. Smith; David Martin; Jing Yeo; Steven Johnson; John Smith Subject: May 28, 2024 Council Meeting - Closed Session Item 4.D. - Civic Auditorium & RPG
EXTERNAL
Dear Mayor Brock, Mr. White, and Esteemed Councilmembers:
It is with great joy and enthusiasm that I encourage you to enter into an exclusive negotiation agreement with Revitalization Partners Group, LLC to renovate and reopen Santa Monica's landmarked Civic Auditorium.
RPG is the dream-come-true we've all been praying for - a well-resourced partner with whom to revive the Civic and in doing so also help rejuvenate our civic, cultural, and economic life for decades to come.
This is a legacy project for everyone on the dais tomorrow night (Tuesday, May 28, 2024) and for every Santa Monican.
Please team up with RPG and the community to restore the Civic without delay.
THANK YOU!
Sincerely,
Ann Bowman
Recreation and Parks Commissioner (but writing in my individual capacity, not as a commissioner) Co-Chair, Civic Center Task Force
Resident, 28 years
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 157 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 11 David Yakobson
From: Karen Blechman <[email protected]>
Sent: Monday, May 27, 2024 7:44 PM
To: councilmtgitems
Subject: Save the Civic: May 28, 2024 Agenda 4D.
EXTERNAL
Dear Mayor and City Councilmembers,
The Santa Monica Civic Auditorium is a distinctive building of historic importance which should be preserved and used for cultural events as it has been in the past. I encourage you to explore whether the City can achieve that goal by entering into an agreement with RPG.
Sincerely,
Karen Blechman
Santa Monica resident since 1979
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 158 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 12 David Yakobson
From: [email protected]
Sent: Monday, May 27, 2024 6:58 PM
To: councilmtgitems; Michèle Vice-Maslin
Subject: May 28, 2024 Agenda 4D. Save The Civic
EXTERNAL
Please save the Civic! I have attended so many wonderful events at the Civic. I have lived in Santa Monica for 44 years. The Civic is a landmark and wonderful venue! Please partner with RPG to restore the Civic without delay.
Thank you!
A neighbor,
Michèle Vice
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 159 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 13 David Yakobson
From: Durnford King <[email protected]>
Sent: Monday, May 27, 2024 6:34 PM
To: councilmtgitems
Subject: May 28, 2024 Agenda 4D.
EXTERNAL
Please vote yes on the above.
Durnford King
2432 7th St
Santa Monica
90405
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 160 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 14 David Yakobson
From: Karen Croner <[email protected]>
Sent: Monday, May 27, 2024 6:08 PM
To: councilmtgitems; Caroline Torosis; Christine Parra; Gleam Davis; Jesse Zwick; Lana Negrete; Oscar de la Torre; Phil Brock; David White; Douglas Sloan Subject: Item 4-D - SUPPORT - Save the Civic Auditorium.
EXTERNAL
I SUPPORT agenda item 4-D and urge the City Council to enter into an exclusive negotiation agreement with the Revitalization Partners Group.
We must save this important cultural landmark…
You, the city, are taking Bergamot arts center from residents, you are taking our historical important Sunset Park Library from residents, you are taking all the parking lots on Main Street from Residents. The promenade will soon be all housing I’m told...Soon there will be “no there there." This is an election year and residents who vote want you to make a deal with RPG. We are watching.
Do the right thing and use this group to restore and revitalize the Civic Center. It is the right decision for this dying city. We lost the AFM,
we didn’t have a shot at Meow, this is a chance to create a reason for people to come to Santa Monica again. And this is the right group to
Preserve and restore this architectural treasure. Again, the voters are watching carefully. Santa Monica is circling the drain. Do something
positive and exciting for the identity of this city besides parking armored vehicles at the promenade.
Thank you,
Karen Croner
26 year resident of SM
Background: On January 5, 2024, the City formalized a process seeking qualified suitors to lease, restore, and operate the Civic Auditorium with an announcement calling for experienced entertainment and operating entities to submit letters of intent by January 31st.
The Revitalization Partners Group (RPG) stepped forward with a plan for a revitalized Civic Auditorium and presented it at a recent Neighborhood Council meeting.
Their plan includes the following:
1) public land should not be privatized,
2) publicly-owned performing arts and cultural facilities should be maintained, 3) this City landmark and its original purpose should be maintained, and 4) the City will not be asked for funding.
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 161 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 15 The next step is for the City Council to decide whether to enter into an exclusive negotiation agreement with the Revitalization Partners Group.
Again, the Board of Friends of Sunset Park supports agenda item 4-D and urges the City Council to enter into an exclusive negotiation agreement with the Revitalization Partners Group.
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 162 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 16 David Yakobson
From: Lois Bostwick <[email protected]>
Sent: Monday, May 27, 2024 5:58 PM
To: councilmtgitems
Subject: May 28 agenda 2024 4D
EXTERNAL
Please support SM partnering with RPG entertainment to help save the Civic.
Lois Bostwick
Sent from my iPhone
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 163 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 17 David Yakobson
From: Mary Hubbell <[email protected]>
Sent: Monday, May 27, 2024 5:56 PM
To: councilmtgitems
Cc: Phil Brock
Subject: May 28, 2024 Agenda 4D
EXTERNAL
Dear Mayor Brock and City Councilmembers,
I am wriƟng to urge you to support this incredible opportunity for RevitalizaƟon Partners Group to restore and revive our Civic Auditorium back to its original use as a performing arts and cultural center.
I am grateful for the people behind Save The Civic for all their efforts to make this a real possibility.
Please vote to enter into the ENA with the RevitalizaƟon Partners Group so that we can all begin to look forward to a vibrant venue for the enƟre community to benefit from.
Make us proud! The Ɵme is right. You’ll give us all something posiƟve to look forward to.
With appreciaƟon,
Mary Hubbell
Ocean Park
Sent from Mary's iPhone
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 164 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 18 David Yakobson
From: girltunes <[email protected]>
Sent: Monday, May 27, 2024 4:49 PM
To: councilmtgitems
Subject: May 28, 2024 Agenda 4D.
EXTERNAL
To: Santa Monica City Council
From: Ferris Gluck
Re. May 28, 2024 Agenda 4D
Dear City Council,
I stand with Northeast Neighbors of Santa Monica in the following letter:
The Board of Northeast Neighbors requests that the City Council enter into an exclusive negotiation agreement with the Revitalization Partners Group, an experienced entertainment consortium with an impressive plan to revitalize the Civic Auditorium.
Board members of the neighborhood associations recently met with representatives of Revitalization Partners and were impressed by their proposal, which we understand includes the following:
1) Public land will not be privatized,
2) Publicly-owned performing arts and cultural facilities will be maintained, 3) This City landmark and its original purpose will be maintained, and 4) The City will not be required to provide funding.
For these reasons we ask the City Council to enter into an exclusive negotiation agreement with Revitalization Partners.
Sincerely,
Ferris Gluck
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 165 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 19 David Yakobson
From: Karla Klarin <[email protected]>
Sent: Monday, May 27, 2024 4:43 PM
To: councilmtgitems
Subject: SM Civic
EXTERNAL
As a naƟve Angeleno I have memories of great concerts I saw at the Civic when I was young. Please reopen so that history can conƟnue.
Karla Klarin
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 166 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 20 David Yakobson
From: Dan Charn. <[email protected]>
Sent: Monday, May 27, 2024 4:22 PM
To: councilmtgitems; David White; [email protected] Subject: SAVE THE CIVIC -YES DO IT
EXTERNAL
https://www.savethecivic.org/so/fcO_OE56y?languageTag=en&cid=5 9f2d41c-f00d-4be2-863f-05f652f3c4bb®ion=9caeacee-a183- 4d68-91a6-71bd89bca6f2
PLEASE DO THIS
but please get someone else to do the negotiations
and contracts with them because no one in this City in any department is a match to deal with Irving Azoff..
he will prevail...
and end up owning the City with Soronchinsky..
but do it ..
Danielle Charney
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 167 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 21 David Yakobson
From: Susan Helmick <[email protected]>
Sent: Monday, May 27, 2024 4:11 PM
To: councilmtgitems
Subject: May 28, 2024 Agenda 4D
EXTERNAL
Dear Council Members:
I urge all city council members to work to restore and reopen the Civic Auditorium as a performing arts and cultural center. We can use another venue for celebratory events in an era of troubled times. It will bring more joy to our beautiful city.
Respectfully,
Susan Helmick
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 168 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 22 David Yakobson
From: Kristin Jacobson <[email protected]>
Sent: Monday, May 27, 2024 3:33 PM
To: councilmtgitems
Subject: May 28, 2024 Agenda 4D
EXTERNAL
Dear City Council,
I urge you to partner with RPG to restore the Civic Auditorium without delay. The auditorium is a treasure and it would be devastating to lose it.
Sincerely,
Kristin Jacobson
938 11th St, Santa Monica, CA 90403
(310) 430-5567
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 169 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 23 David Yakobson
From: Gabriel Tambone <[email protected]>
Sent: Monday, May 27, 2024 1:38 PM
To: councilmtgitems
Subject: May 28th, 2024 agenda 4D
EXTERNAL
Dear Council Member,
On May 28, 2024 you have an opportunity to enter into an ENA with Revitalization Partners Group (RPG) to seismically upgrade, restore, program, and operate our Landmark Civic Auditorium as a performing arts and cultural center. Save the Civic urges you to act without delay.
Save the Civic (STC) was formed after an outpouring of resident concern that the City-owned Civic Auditorium had been declared surplus land, enabling its possible sale.
Save the Civic had three guiding principles:
1) Public land should not be privatized; neither the Civic nor the land around it should be sold to a private entity.
2) This landmark building should be preserved, not demolished.
3) City-owned performing arts centers are rare and important; the Civic should not be repurposed but restored for its original purpose as a performing arts and cultural center.
STC was also aware that the City had no funds to restore the Civic, nor did we think it wise for taxpayers to be asked to pay for such a project. The Civic would have to be financially self-sufficient, and optimally it should create a future revenue stream for the City.
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 170 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 24 Now you have an exceptional opportunity to enter into an ENA with RPG, a group that checks all of these boxes.
This opportunity comes to you after hard work from residents to make it happen. It is also a chance for the City and residents to work together to create something wonderful and exciting - - a chance to restore a vacant and respected landmark and turn it into a world-class performing arts and cultural center and an economic generator.
From where we sit, it’s a win-win.
We hope you will vote to enter into an ENA with the Revitalization Partners Group so we can keep this exciting prospect for Santa Monica moving forward.
Thank you?
Gabriel Tambone
821 Bay St.
Sent from my iPhone
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 171 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 25 David Yakobson
From: Mark Ford <[email protected]>
Sent: Monday, May 27, 2024 1:32 PM
To: councilmtgitems
Cc: Reid Thompson
Subject: May 28, 2024 Agenda 4D - SAVE the CIVIC
EXTERNAL
Hi there
As Santa Monica residents with a young child, we would like to see the historic Civic Auditorium restored and used as a cultural venue.. Please act to enter into an ENA with RevitalizaƟon Partners Group.
Thanks,
Mark Ford and Reid Thompson
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 172 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 26 David Yakobson
From: [email protected]
Sent: Monday, May 27, 2024 1:23 PM
To: councilmtgitems
Subject: May 28, 2024 Agenda 4D
EXTERNAL
Dear Council Members,
I won't take your time to detail all the important reasons why you should approve the proposal to move ahead with reviving the Civic. Let me just say that this center for the arts and culture needs preservation and revitalization for the good of our community and the greater Los Angeles region, now and in the future. Just do it--please.
Laurel Schmidt, Former Landmarks Commissioner
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 173 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 27 David Yakobson
From: [email protected]
Sent: Monday, May 27, 2024 12:58 PM
To: councilmtgitems
Subject: Ma 28,2024 Agenda 4D
EXTERNAL
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 174 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 28 David Yakobson
From: D M <[email protected]>
Sent: Monday, May 27, 2024 12:52 PM
To: councilmtgitems
Subject: May 28, 2024 Agenda 4D
EXTERNAL
Dear council,
Please vote in favor of reopening the Santa Monica Civic.
Thank you and all the best,
Dian Andrews
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 175 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 29 David Yakobson
From: Ed Harker <[email protected]>
Sent: Monday, May 27, 2024 12:41 PM
To: councilmtgitems
Subject: May 28, 2024 Agenda 4D - Re: SM Civic Auditorium
EXTERNAL
Dear Council Members,
I agree that the City Council should partner with RPG and restore the Santa Monica Civic Auditorium to its original purpose and glory.
This will be very uplifting for all our residents since we have been missing this great event venue and its memories for decades now.
Please save the civic this way!
Thank you,
Ed Harker
2029 20th St., S.M., CA
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 176 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 30 David Yakobson
From: Peter Altschuler <[email protected]> Sent: Monday, May 27, 2024 12:30 PM
To: councilmtgitems
Cc: Phil Brock; Gleam Davis; Oscar de la Torre; Kristin McCowan; Lana Negrete; Caroline Torosis; Jesse Zwick
Subject: The future of music, art, and culture in the city: May 28, 2024, Agenda 4D Attachments: PastedGraphic-1.tiff
Importance: High
EXTERNAL
Santa Monica has an opportunity to restore a center of music, art, and culture that, for too many years, has lain dormant. It can bring those important resources back to the city by engaging with the Revitalization Partners Group (RPG) to restore the Santa Monica Civic Auditorium, both as a landmark structure and as a venue for live performances, exhibitions, and events.
Such a relationship, beginning with an Exclusive Negotiation Agreement, will retain the City’s ownership of the property, preserve an architecturally significant building, and bring activities to the Civic Auditorium that will have an ancillary benefit for Santa Monica restaurants, hotels, and retailers whose sales will add tax revenue to the City’s coffers.
In the wake of suggestions that the Civic property be repurposed or sold, Santa Monica residents made it clear that those options were undesirable and inappropriate. As Santa Monica undergoes a questionably beneficial transformation into a much denser city, the availability of a destination that provides activities that enrich residents’ lives becomes even more essential.
So, please, when the issue comes up on Tuesday evening, support the ENA with RPG and begin the process to revitalize that Civic Auditorium and the cultural rebirth of the city.
Sincerely,
p
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 177 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 31 David Yakobson
From: Connie Sonderegger <[email protected]> Sent: Monday, May 27, 2024 12:05 PM
To: councilmtgitems
Subject: The Civic Auditorium
EXTERNAL
Please allow RPG to revitalize our Santa Monica Civic. Having grown up in Santa Monica and going to the Civic on so many occasions: concerts, dog shows, mineral shows, surf movies, Stairway to the Stars, and on and on, I implore you to save something of Santa Monica that I can sƟll recognize and remember. There doesn’t seem to be much leŌ of the place I’ve lived in for 69 years, please let a place with so many great memories return for more memories to be made.
Thank you so much,
Connie Sonderegger
Sent from my iPhone
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 178 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 32 David Yakobson
From: janine autolitano <[email protected]>
Sent: Monday, May 27, 2024 11:59 AM
To: councilmtgitems
Subject: May 28, 2024 Agenda 4D
EXTERNAL
Dear Council Member,
I am beyond excited to see we have an opportunity to reopen our beloved Santa Monica Civic Auditorium.
I am so proud of our community and all the hard work involved to come this far in reaching our dream.
It will be such a tremendous cultural and financial boom for our city, our businesses, residents, tourists… you name it.
So many opportunities, I can't wait!
Sincerely,
Janine Autolitano
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 179 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 33 Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 180 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 34 ᖡᖢᖣ
Dear Council Member,
On May 28, 2024 you have an opportunity to enter into an ENA with Revitalization Partners Group (RPG) to seismically upgrade, restore, program, and operate our Landmark Civic Auditorium as a performing arts and cultural center. Save the Civic urges you to act without delay.
Save the Civic (STC) was formed after an outpouring of resident concern that the City-owned Civic Auditorium had been declared surplus land, enabling its possible sale.
Save the Civic had three guiding principles:
1) Public land should not be privatized; neither the Civic nor the land around it should be sold to a private entity.
2) This landmark building should be preserved, not demolished.
3) City-owned performing arts centers are rare and important; the Civic should not be repurposed but restored for its original purpose as a performing arts and cultural center.
STC was also aware that the City had no funds to restore the Civic, nor did we think it wise for taxpayers to be asked to pay for such a project. The Civic would have to be financially self-sufficient, and optimally it should create a future revenue stream for the City.
Now you have an exceptional opportunity to enter into an ENA with RPG, a group that checks all of these boxes.
This opportunity comes to you after hard work from residents to make it happen. It is also a chance for the City and residents to work together to create something wonderful and exciting - - a chance to restore a vacant and respected landmark and turn it into a world-class performing arts and cultural center and an economic generator.
From where we sit, it’s a win-win.
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 181 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 35 We hope you will vote to enter into an ENA with the Revitalization Partners Group so we can keep this exciting prospect for Santa Monica moving forward.
Thank you from Save the Civic,
Bea Nemlaha
Diana Gordon
Lori Nafshun
Victor Fresco
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 182 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 36 David Yakobson
From: Beau Grabner <[email protected]>
Sent: Monday, May 27, 2024 11:50 AM
To: councilmtgitems
Subject: May 28, 2024 Agenda 4D.
EXTERNAL
HelloI hear there is an awesome opportunity to reopen the Civic Center and develop it into a state of the art performance center. Please consider this opƟon and if all makes sense please move forward to help save this historic venue and give the ciƟzens of Santa Monica a place to see great shows and bring in addiƟonal money from all over the greater Los Angeles area. It would be so great to take the train to a show!!! Thank you! Beau Grabner
2636 28th St. Unit 2
Santa Monica, CA 90405
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 183 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 37 David Yakobson
From: Abby Adams <[email protected]>
Sent: Monday, May 27, 2024 11:40 AM
To: councilmtgitems
Cc: Patrick Adams; Kellogg Adams; Cooper Adams; Riley Adams Subject: May 28, 2024 Agenda 4D
EXTERNAL
Dear City Council Members,
The Adams family wholeheartedly supports the following letter from the Save The Civic committee regarding entering negotiations with RPG to restore and reopen the Civic Center. It is a ‘no brainer’ and as the five of us are voting members of this community, we urge each and everyone of you to support RPG’s proposal. Thank you.
Save the Civic
To help
protect your
privacy,
Micro so ft
Office
prevented
auto matic
download of
this picture
from the
Internet.
Thank you for your support over the past year to convince the City that our Civic Auditorium must be saved and kept in public hands.
On May 28, 2024 our City council has an unparalleled opportunity to enter into negotiations with RPG (Revitalization Partners Group, LLC) to restore and reopen our Civic Auditorium as a destination performing arts and cultural center for Los Angeles and the Westside. Santa Monica residents will continue to own the Civic. RPG will not need any public funds. RPG is Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 184 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 38 an experienced entertainment consortium of Make Good Group, Geyser Holdings, Irving Azoff, Oak View Group, and Live Nation.
This is win-win opportunity.
Save the Civic,
Bea Nemlaha
Diana Gordon
Lori Nafshun
Victor Fresco
If you haven’t already, please visit our website: savethecivic.org and register your contact information so we can notify you with updates or when action is needed.
.
[email protected]
Share on social
To help
protect
your
privacy,
Microso
ft Office
prevent
ed
automa
tic
downlo
To help
protect
your
privacy,
Microso
ft Office
prevent
ed
automa
tic
downlo
Check out our site
T
o
h
e
l
p
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 185 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 39 David Yakobson
From: E Arias <[email protected]>
Sent: Monday, May 27, 2024 11:27 AM
To: councilmtgitems
Subject: May 28, 2024 Agenda 4D
EXTERNAL
I support Santa Monica to partner with RPG to restore the Santa Monica Civic Auditorium.
E. Arias
Dewey St., Santa Monica 90405
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 186 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 40 David Yakobson
From: Jeffrey Sturges <[email protected]>
Sent: Monday, May 27, 2024 11:16 AM
To: councilmtgitems
Subject: Please save the Civic!!!
EXTERNAL
Dear Council Member,
On May 28, 2024 you have an opportunity to enter into an ENA with Revitalization Partners Group (RPG) to seismically upgrade, restore, program, and operate our Landmark Civic Auditorium as a performing arts and cultural center. Save the Civic urges you to act without delay.
Save the Civic (STC) was formed after an outpouring of resident concern that the Cityowned Civic Auditorium had been declared surplus land, enabling its possible sale.
Save the Civic had three guiding principles:
1) Public land should not be privatized; neither the Civic nor the land around it should be sold to a private entity.
2) This landmark building should be preserved, not demolished.
3) City-owned performing arts centers are rare and important; the Civic should not be repurposed but restored for its original purpose as a performing arts and cultural center.
STC was also aware that the City had no funds to restore the Civic, nor did we think it wise for taxpayers to be asked to pay for such a project. The Civic would have to be financially self-sufficient, and optimally it should create a future revenue stream for the City.
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 187 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 41 Now you have an exceptional opportunity to enter into an ENA with RPG, a group that checks all of these boxes.
This opportunity comes to you after hard work from residents to make it happen. It is also a chance for the City and residents to work together to create something wonderful and exciting - - a chance to restore a vacant and respected landmark and turn it into a worldclass performing arts and cultural center and an economic generator.
From where we sit, it’s a win-win.
We hope you will vote to enter into an ENA with the Revitalization Partners Group so we can keep this exciting prospect for Santa Monica moving forward.
Thank you from Save the Civic,
Jeffrey Sturges, forwarding the work of:
Bea Nemlaha
Diana Gordon
Lori Nafshun
Victor Fresco
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 188 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 42 David Yakobson
From: [email protected]
Sent: Monday, May 27, 2024 10:58 AM
To: councilmtgitems
Subject: Agenda May 28, 2024 Item: 4D
EXTERNAL
Dear Council Member,
On May 28, 2024 you have an opportunity to enter into an ENA with Revitalization Partners Group (RPG) to seismically upgrade, restore, program, and operate our Landmark Civic Auditorium as a performing arts and cultural center. Save the Civic urges you to act without delay.
Save the Civic (STC) was formed after an outpouring of resident concern that the Cityowned Civic Auditorium had been declared surplus land, enabling its possible sale.
Save the Civic had three guiding principles:
1) Public land should not be privatized; neither the Civic nor the land around it should be sold to a private entity.
2) This landmark building should be preserved, not demolished.
3) City-owned performing arts centers are rare and important; the Civic should not be repurposed but restored for its original purpose as a performing arts and cultural center.
STC was also aware that the City had no funds to restore the Civic, nor did we think it wise for taxpayers to be asked to pay for such a project. The Civic would have to be financially self-sufficient, and optimally it should create a future revenue stream for the City.
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 189 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 43 Now you have an exceptional opportunity to enter into an ENA with RPG, a group that checks all of these boxes.
This opportunity comes to you after hard work from residents to make it happen. It is also a chance for the City and residents to work together to create something wonderful and exciting - - a chance to restore a vacant and respected landmark and turn it into a worldclass performing arts and cultural center and an economic generator.
From where we sit, it’s a win-win.
We hope you will vote to enter into an ENA with the Revitalization Partners Group so we can keep this exciting prospect for Santa Monica moving forward.
Thank you from Save the Civic,
I sign my name along with these people as I agree totally with what they wrote. Thank you.
Louise Steiner 45 years living near the Civic Auditorium in SM Bea Nemlaha
Diana Gordon
Lori Nafshun
Victor Fresco
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 190 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 44 David Yakobson
From: Gloria Albert <[email protected]>
Sent: Monday, May 27, 2024 10:36 AM
To: councilmtgitems
Subject: Save the Civic
EXTERNAL
Dear Council Member,
On May 28, 2024 you have an opportunity to enter into an ENA with Revitalization Partners Group (RPG) to seismically upgrade, restore, program, and operate our Landmark Civic Auditorium as a performing arts and cultural center. Save the Civic urges you to act without delay.
Save the Civic (STC) was formed after an outpouring of resident concern that the Cityowned Civic Auditorium had been declared surplus land, enabling its possible sale.
Save the Civic had three guiding principles:
1) Public land should not be privatized; neither the Civic nor the land around it should be sold to a private entity.
2) This landmark building should be preserved, not demolished.
3) City-owned performing arts centers are rare and important; the Civic should not be repurposed but restored for its original purpose as a performing arts and cultural center.
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 191 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 45 STC was also aware that the City had no funds to restore the Civic, nor did we think it wise for taxpayers to be asked to pay for such a project. The Civic would have to be financially self-sufficient, and optimally it should create a future revenue stream for the City.
Now you have an exceptional opportunity to enter into an ENA with RPG, a group that checks all of these boxes.
This opportunity comes to you after hard work from residents to make it happen. It is also a chance for the City and residents to work together to create something wonderful and exciting - - a chance to restore a vacant and respected landmark and turn it into a worldclass performing arts and cultural center and an economic generator.
From where we sit, it’s a win-win.
We hope you will vote to enter into an ENA with the Revitalization Partners Group so we can keep this exciting prospect for Santa Monica moving forward.
Thank you from Save the Civic,
Bea Nemlaha
Diana Gordon
Lori Nafshun
Victor Fresco
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 192 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 46 David Yakobson
From: Susan Cope <[email protected]>
Sent: Monday, May 27, 2024 10:30 AM
To: councilmtgitems
Subject: May 28, 2024 Agenda 4D.
EXTERNAL
May 28, 2024 Agenda 4D.
Dear Council Members,
We are all squeaky wheels when it comes to what's wrong with Santa Monica. Here we have the opportunity to do something to help right the ship. Partnering with RPG seems to be a win-win.
Driving to cultural venues in town is a time-sucking, resource wasting and exhausting activity. The idea that many of us could WALK to world class concerts and cultural events is phenomenal. This would be a boon to Santa Monica residents, a draw for tourists, and an opportunity to burnish our image. It would also be a step toward reviving the 3rd Street Promenade, since visitors to the Civic may wish to dine in the area.
Please lend your voices and influence to saving the Civic. What a chance to be remembered for something so uplifting, to balance the efforts of housing the unhoused, getting aid for the mentally ill, and attempting to control crime, gangs and mayhem!
Sincerely,
Susan Cope
[email protected]
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 193 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 47 David Yakobson
From: danilobach <[email protected]>
Sent: Monday, May 27, 2024 10:07 AM
To: councilmtgitems
Subject: Agenda Item 4D - May 28, 2024
EXTERNAL
Dear Mayor and Councilmembers,
As a long-time resident of Santa Monica who benefited from the many offerings of the Civic Center to our city and larger surroundings in the Civic's heyday, I urge you to enter into negotiations now being considered for its lease, renewal, and return to valued public prominence.
Best,
Danilo Bach
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 194 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 48 David Yakobson
From: Arianna D <[email protected]>
Sent: Monday, May 27, 2024 9:58 AM
To: councilmtgitems
Subject: May 28, 2024 Agenda 4D...Save The Civic
EXTERNAL
Dear Councilmembers.
I am writing you to express my dismay and disgust that you would even consider our beloved Civic and the surrounding property as "surplus land" and entertain the notion of selling it to a developer.
The land on which the Civic sits is Public land. We do not wish to see that change! Public land should not be privatized; neither the Civic nor the land around it should be sold to a private entity.
City owned performing arts centers are rare and important. Citizens of Santa Monica and throughout the greater Los Angeles area have cherished memories of attending all manner of events at the Civic.
On May 28, 2024 our City council has an unparalleled opportunity to enter into negotiations with RPG (Revitalization Partners Group, LLC) to restore and reopen our Civic Auditorium as a destination performing arts and cultural center for Los Angeles and the Westside. Santa Monica residents will continue to own the Civic. Once the Civic reopens, there will be many opportunities for events to locate (and re-locate) to the venue, thereby creating good opportunity for future revenue streams for the City.
RPG is an experienced entertainment consortium, and will not need any public funds.
Residents have worked diligently to make this happen.
Please say yes to this terrific opportunity for the City and residents to work together to create something wonderful and exciting - - a chance to restore a vacant and respected Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 195 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 49 landmark and turn it into a world-class performing arts and cultural center and an economic generator.
Please enter negotiations without delay with RPG to restore the landmark building that is our Santa Monica Civic.
Sincerely,
Arianna Deleon
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 196 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 50 David Yakobson
From: Chrissi Durbin <[email protected]>
Sent: Monday, May 27, 2024 9:48 AM
To: councilmtgitems
Subject: SAVE CIVIC PLEASE
EXTERNAL
Please realize CIVIC is classic & cant be replaced Thank you Sent from my iPhone
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 197 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 51 David Yakobson
From: Lauren Marie <[email protected]>
Sent: Monday, May 27, 2024 9:44 AM
To: councilmtgitems
Subject: May 28, 2024 Agenda 4D
EXTERNAL
Dear Council Member,
On May 28, 2024 you have an opportunity to enter into an ENA with Revitalization Partners Group (RPG) to seismically upgrade, restore, program, and operate our Landmark Civic Auditorium as a performing arts and cultural center. Save the Civic urges you to act without delay.
Save the Civic (STC) was formed after an outpouring of resident concern that the Cityowned Civic Auditorium had been declared surplus land, enabling its possible sale.
Save the Civic had three guiding principles:
1) Public land should not be privatized; neither the Civic nor the land around it should be sold to a private entity.
2) This landmark building should be preserved, not demolished.
3) City-owned performing arts centers are rare and important; the Civic should not be repurposed but restored for its original purpose as a performing arts and cultural center.
STC was also aware that the City had no funds to restore the Civic, nor did we think it wise for taxpayers to be asked to pay for such a project. The Civic would have to be financially self-sufficient, and optimally it should create a future revenue stream for the City.
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 198 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 52 Now you have an exceptional opportunity to enter into an ENA with RPG, a group that checks all of these boxes.
This opportunity comes to you after hard work from residents to make it happen. It is also a chance for the City and residents to work together to create something wonderful and exciting - - a chance to restore a vacant and respected landmark and turn it into a worldclass performing arts and cultural center and an economic generator.
From where we sit, it’s a win-win.
We hope you will vote to enter into an ENA with the Revitalization Partners Group so we can keep this exciting prospect for Santa Monica moving forward.
Thank you,
Lauren Wyka
821 Bay St.
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 199 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 53 David Yakobson
From: [email protected]
Sent: Monday, May 27, 2024 9:34 AM
To: councilmtgitems
Subject: civic aud item 4b couple agenda for May 28 2024
EXTERNAL
please save the civic to be reopened to the public.
Mitchell Lachman
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 200 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 54 David Yakobson
From: [email protected]
Sent: Monday, May 27, 2024 9:30 AM
To: councilmtgitems
Subject: Civic
EXTERNAL
Hello, consider to reopen the Civic Auditorium to the vested interest party yet city owned.
Mitchell Lachman
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 201 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 55 David Yakobson
From: Steven Dye <[email protected]>
Sent: Monday, May 27, 2024 9:27 AM
To: councilmtgitems
Subject: Save the civic May 28, 2024 Agenda 4D.
EXTERNAL
Please do the right thing , Save the civic for Santa Monica . Agenda 4D Thank you
Steven Dye
Santa Monica resident since 1958
310-795-8883
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 202 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 56 David Yakobson
From: GARY <[email protected]>
Sent: Monday, May 27, 2024 9:26 AM
To: councilmtgitems
Subject: RPG Civic Center agreement
EXTERNAL
Dear Council Members,
I've lived in Santa Monica since 1975 and have seen many changes in our community over the past decades.
I ask you to move forward with this RPG agreement as it truly seems to be the best way to save and maintain our Santa Monica Civic Center.
Thanks,
Gary Gurner
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 203 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 57 David Yakobson
From: Ann Thornycroft <[email protected]>
Sent: Monday, May 27, 2024 9:23 AM
To: councilmtgitems
Subject: Save the Civic
EXTERNAL
Dear Council Member,
On May 28, 2024 you have an opportunity to enter into an ENA with Revitalization Partners Group (RPG) to seismically upgrade, restore, program, and operate our Landmark Civic Auditorium as a performing arts and cultural center. Save the Civic urges you to act without delay.
Save the Civic (STC) was formed after an outpouring of resident concern that the Cityowned Civic Auditorium had been declared surplus land, enabling its possible sale.
Save the Civic had three guiding principles:
1) Public land should not be privatized; neither the Civic nor the land around it should be sold to a private entity.
2) This landmark building should be preserved, not demolished.
3) City-owned performing arts centers are rare and important; the Civic should not be repurposed but restored for its original purpose as a performing arts and cultural center.
STC was also aware that the City had no funds to restore the Civic, nor did we think it wise for taxpayers to be asked to pay for such a project. The Civic would have to be financially self-sufficient, and optimally it should create a future revenue stream for the City.
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 204 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 58 Now you have an exceptional opportunity to enter into an ENA with RPG, a group that checks all of these boxes.
This opportunity comes to you after hard work from residents to make it happen. It is also a chance for the City and residents to work together to create something wonderful and exciting - - a chance to restore a vacant and respected landmark and turn it into a worldclass performing arts and cultural center and an economic generator.
From where we sit, it’s a win-win.
We hope you will vote to enter into an ENA with the Revitalization Partners Group so we can keep this exciting prospect for Santa Monica moving forward.
Yours Faithfully ,
Ann Thornycroft
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 205 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 59 David Yakobson
From: Mark Sandelson <[email protected]>
Sent: Monday, May 27, 2024 9:16 AM
To: councilmtgitems
Subject: Save the Civic
EXTERNAL
Great moments at the civic – Goldenvoice 25th anniversary concert weekend and annual Santa Monica HS recital. Why would this resource that benefits all the citizenry be removed. It is a public institution and should be savored and cherished as such. It is a landmark and you now have a fabulous opportunity to save it and return it to use as it was designed to be
Thanking you for your consideration
Mark Sandelson
328 21st St
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 206 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 60 David Yakobson
From: Save the Civic <[email protected]>
Sent: Sunday, May 26, 2024 6:21 PM
To: councilmtgitems
Subject: May 28, 2024 Agenda Item 4D
EXTERNAL
Can't see this message? View in a browser
Save the Civic
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.
Dear Council Member,
On May 28, 2024 you have an opportunity to enter into an ENA with Revitalization Partners Group (RPG) to seismically upgrade, restore, program, and operate our Landmark Civic Auditorium as a performing arts and cultural center. Save the Civic urges you to act without delay.
Save the Civic (STC) was formed after an outpouring of resident concern that the City-owned Civic Auditorium had been declared surplus land, enabling its possible sale.
Save the Civic had three guiding principles:
1) Public land should not be privatized; neither the Civic nor the land around it should be sold to a private entity.
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 207 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 61 2) This landmark building should be preserved, not demolished.
3) City-owned performing arts centers are rare and important; the Civic should not be repurposed but restored for its original purpose as a performing arts and cultural center.
STC was also aware that the City had no funds to restore the Civic, nor did we think it wise for taxpayers to be asked to pay for such a project. The Civic would have to be financially self-sufficient, and optimally it should create a future revenue stream for the City.
Now you have an exceptional opportunity to enter into an ENA with RPG, a group that checks all of these boxes.
This opportunity comes to you after hard work from residents to make it happen. It is also a chance for the City and residents to work together to create something wonderful and exciting - - a chance to restore a vacant and respected landmark and turn it into a world-class performing arts and cultural center and an economic generator.
From where we sit, it’s a win-win.
We hope you will vote to enter into an ENA with the Revitalization Partners Group so we can keep this exciting prospect for Santa Monica moving forward.
Thank you from Save the Civic,
Bea Nemlaha
Diana Gordon
Lori Nafshun
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 208 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 62 Victor Fresco
If you haven’t already, please visit our website: savethecivic.org and register your contact information so we can notify you with updates or when action is needed.
.
[email protected]
Share on social
To help
protect
your
privacy,
Microso
ft Office
prevent
ed
automa
tic
downlo
To help
protect
your
privacy,
Microso
ft Office
prevent
ed
automa
tic
downlo
Check out our site
T
o
h
e
l
p
This email was sent from this site.
If you no longer wish to receive this email, change your email preferences here.
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 209 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 63 David Yakobson
From: [email protected]
Sent: Sunday, May 26, 2024 4:15 PM
To: councilmtgitems; Caroline Torosis; Christine Parra; Gleam Davis; Jesse Zwick; Lana Negrete; Oscar de la Torre; Phil Brock
Cc: David White; Douglas Sloan
Subject: FOSP: City Council 5-28-24 item 4-D -- SUPPORT -- Save the Civic Auditorium
EXTERNAL
May 26, 2024
To: Mayor Brock and City Council members
From: Board of Directors, Friends of Sunset Park
RE: 5/28/24 agenda item 4-D -- Save the Civic Auditorium The Board of Friends of Sunset Park SUPPORTS agenda item 4-D and urges the City Council to enter into an exclusive negotiation agreement with the Revitalization Partners Group.
Background: On January 5, 2024, the City formalized a process seeking qualified suitors to lease, restore, and operate the Civic Auditorium with an announcement calling for experienced entertainment and operating entities to submit letters of intent by January 31st.
The Revitalization Partners Group (RPG) stepped forward with a plan for a revitalized Civic Auditorium and presented it at a recent Neighborhood Council meeting.
Their plan includes the following:
1) public land should not be privatized,
2) publicly-owned performing arts and cultural facilities should be maintained, 3) this City landmark and its original purpose should be maintained, and 4) the City will not be asked for funding.
The next step is for the City Council to decide whether to enter into an exclusive negotiation agreement with the Revitalization Partners Group.
Again, the Board of Friends of Sunset Park supports agenda item $-D and urges the City Council to enter into an exclusive negotiation agreement with the Revitalization Partners Group.
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 210 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 64 David Yakobson
From: Noma Boardmember <[email protected]>
Sent: Monday, May 20, 2024 11:31 PM
To: Jesse Zwick; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; councilmtgitems; Oscar de la Torre; Caroline Torosis
Cc: Bruce Leddy
Subject: Civic Auditorium/RPG
Follow Up Flag: Follow up
Flag Status: Completed
EXTERNAL
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
May 17th, 2024
TO: Mayor Brock and City Council Members
FROM: The Board of NOMA
RE: The Civic Auditorium/RPG
The Board of NOMA urges City Council to enter into an exclusive negotiation agreement with Revitalization Partners Group for the renovation and operation of the Civic Auditorium. This highly qualified group – with extensive experience in both venue rehabilitation and concert promotion – is the ideal partner for the city on this ambitious project. With their careful planning and execution, Santa Monica will once again have a world-class arts and entertainment venue, helping to revitalize downtown and furthering our city's reputation as a renowned center for arts and culture. Remarkably, their proposal will achieve all this at no cost to the city or taxpayers.
This rare chance to save a beloved and historic Landmarked building and return it to its former glory through the efforts of an eminently qualified group should be a 'no brainer.' Please don't miss this golden opportunity.
Sincerely,
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 211 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 65 The Board of Noma
Bruce Leddy, Chair
NOMA'S Next Meeting is JUNE 6TH at 7PM on ZOOM
https://us02web.zoom.us/j/81526517066
smnoma.org
[email protected]
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 212 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) 66 David Yakobson
From: [email protected]
Sent: Monday, May 20, 2024 6:24 PM
To: Phil Brock; Lana Negrete; Christine Parra; Oscar de la Torre; Gleam Davis; Caroline Torosis; Jesse Zwick; councilmtgitems
Cc: David White; Douglas Sloan
Subject: FOSP: Saving the Civic Auditorium
Follow Up Flag: Follow up
Flag Status: Completed
EXTERNAL
May 20, 2024
To: Mayor Brock and City Council members
From: Board of Directors, Friends of Sunset Park
RE: Saving the Civic Auditorium
The Board of Friends of Sunset Park urges the City Council to enter into an exclusive negotiation agreement with the Revitalization Partners Group.
Background: On January 5, 2024, the City formalized a process seeking qualified suitors to lease, restore, and operate the Civic Auditorium with an announcement calling for experienced entertainment and operating entities to submit letters of intent by January 31st.
The Revitalization Partners Group (RPG) stepped forward with a plan for a revitalized Civic Auditorium and presented it at a recent Neighborhood Council meeting.
Their plan includes the following:
1) public land should not be privatized,
2) publicly-owned performing arts and cultural facilities should be maintained, 3) this City landmark and its original purpose should be maintained, and 4) the City will not be asked for funding.
The next step is for the City Council to decide whether to enter into an exclusive negotiation agreement with the Revitalization Partners Group.
Again, the Board of Friends of Sunset Park urges the City Council to enter into an exclusive negotiation agreement with the Revitalization Partners Group.
Item 4-D
May 28, 2024
Item 4-D
May 28, 2024
4.D.a
Packet Pg. 213 Attachment: Written Comments [Revision 1] (6450 : Conference Real Estate Negotiator:Russell Geyser&Tim Sexton) City Council
Report
City Council Meeting: May 28, 2024
Agenda Item: 5.A
1 of 6
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Architecture Services Subject: Award a Contract with ACCO Engineered Systems, Inc. for the Airport Mechanical Equipment Replacement Project, and a Contract With Same Contractor, ACCO Engineered Systems, Inc., for Citywide On-Call Mechanical Equipment Services.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement and Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines;
2. Award Bid # SP2694 to ACCO Engineered Systems, Inc., for Airport Mechanical Equipment Replacement and Additive Alternative Bid for Citywide On-Call Mechanical Equipment Services for the Public Works Department;
3. Authorize the City Manager to negotiate and execute a contract with ACCO Engineered Systems, Inc., in an amount not to exceed $1,993,090 (including a 10% contingency in the amount of $181,190) for Airport Mechanical Equipment Replacement;
4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority for Airport Mechanical Equipment Replacement;
5. Authorize the City Manager to negotiate and execute an agreement with ACCO Engineered Systems, Inc., in an amount not to exceed $5,000,000 for three years, with one-additional one-year renewal option in the amount of $1,500,000, on the same terms and conditions for a total amount not to exceed $6,500,000 over a four-year period, for citywide as-needed mechanical systems repairs and/or replacements, with future year funding contingent on Council budget approval; and
6. Authorize budget amendment as outlined in the Financial Impacts and Budget Actions section of this report (requires 5 votes).
Summary
In addition to aeronautical operations, the Santa Monica Airport (SMO) provides areas
5.A
Packet Pg. 214
2 of 6
of business, education and entertainment for community members, visitors, and City staff. The mechanical equipment in many City-owned buildings at SMO and throughout the City have reached the end of their useful life and require replacement. Staff recommends entering into two contracts with ACCO Engineered Systems, Inc., a mechanical contractor. One contract would include the work to replace mechanical equipment at multiple locations at SMO. The second contract would be for on-call, asneeded services for mechanical equipment repair and replacement at City-owned facilities.
Discussion
The current SMO Administration Building, located at 3223 Donald Douglas Loop South, Santa Monica, CA 90405, was constructed in 1986. Since its construction, the building has served as commercial office space, airport administration offices, and restaurant space. The mechanical system at the SMO Administration Building has been repaired multiple times throughout its lifetime, has reached the end of its useful life and needs full replacement. The contract for planned mechanical equipment replacements would include the replacement of the mechanical equipment at the SMO Administration Building’s cooling tower and suites 3233A, 3233B, 3233C, 3233D, 3235, and 3155.
The City of Santa Monica owns facilities at SMO and throughout the City. These facilities range in size and age and need periodic repairs or replacement of their mechanical equipment. The contract for on-call, as-needed services would enable the Public Works Department to provide prompt action on future and on-going mechanical service calls at all City owned facilities including, but not limited to: Santa Monica Public Library, Public Safety Facility and City Hall.
These contracts would support the Santa Monica City Council’s priority of “Cultivating Economic Recovery & Expanding Community & Cultural Offerings” by ensuring the City maintains and improves its facilities for use by the community, local businesses and City staff.
Vendor Selection
5.A
Packet Pg. 215
3 of 6
Bidder Recommendation
Best and Only Bidder ACCO Engineered Systems, Inc.
Evaluation Criteria Price; the quality of the material or services offered; the ability, capacity and skill of the bidder to perform or provide the materials or services; the capacity of the bidder to perform the contract or provide the service promptly, within the time specified, and without delay or interference; the sufficiency of the bidder’s financial resources; the character, integrity, reputation, judgment, training, experience and efficiency of the bidder; the ability of the bidder to provide such future maintenance or service as may be needed; any other factor that will further the intent set forth in Section 608 of the City Charter. The City shall have absolute discretion in determining the applicability and weight of the criteria listed above. The City is not required to select the bid with the lowest price.
Municipal Code SMMC 2.24.180
The technical and phasing complexity of the project narrowed down the available contractors that are capable of providing the necessary services that the City requires.
Six vendors attempted to apply. Three vendors submitted no-bids while two did not respond. The three no-bid vendors stated no interest on bidding with no further feedback. ACCO Engineered Systems, Inc., has an extensive history performing mechanical equipment replacement and repairs for the City of Santa Monica and was the only bidder.
Bid Data
Date
Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
02/01/2024 City's Online
Bidding Site
Santa Monica Daily Press 42 04/04/2024
Best Bidder Justification
On April 4, 2024, one bid was received for SP2694 – Airport Mechanical Equipment Replacement Project which includes immediate mechanical equipment repairs and replacement at multiple locations at Santa Monica Airport, and a three-year on-call Submittals Received
ACCO Engineered Systems, Inc. $1,811,900.00
5.A
Packet Pg. 216
4 of 6
service contract. ACCO Engineered Systems, Inc., a company based in California with license types A, B, C4, C10, C16, C20, C36, C38, and C42 in the State of California, was determined to be the best and only responsive bidder. Bidder meets all City’s requirements. They offer extensive professional experience, knowledge of working at and for the City of Santa Monica and Santa Monica Airport, a successful track record, stability, similar references to the proposed scope of work, and reasonable pricing.
Environmental Review
The agreement for HVAC equipment and services is categorically exempt from CEQA pursuant to Section 15302 (Replacement and Reconstruction) of the CEQA Guidelines.
Section 15302 exempts Class 2 projects which “consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.” The replacement HVAC would replace existing HVAC system with the same purpose and capacity. Therefore, the contract for HVAC is exempt pursuant to Section 15302.
Financial Impacts and Budget Actions
Staff seeks authority to appropriate additional funds from the Airport Fund for the SP2694 – Airport Mechanical Equipment Replacement Project to include the scope of work to replace the existing mechanical equipment at multiple facilities at the Santa Monica Airport.
Approval of the recommended action requires the following budget amendment.
FY2023-24 CIP Budget Amendment
Additional Funds to be Appropriated
Account # Amount
C5704690.689000 $1,993,090
Staff seeks authority to approve funding from the Airport Building/Facility Refurbishing account to award a contract with ACCO Engineered Systems, Inc. for SP2694 – Airport Mechanical Equipment Replacement.
5.A
Packet Pg. 217
5 of 6
Contract Request
FY 2023-24 Budget
Request Amount CIP Account # Total Contract Amount
$1,993,090 C5704690.689000 $1,993,090
Staff also seeks authority to enter into a contract with ACCO Engineered Systems, Inc. for SP2694 – Mechanical Equipment Replacement and Repair On-Call Services. This contract would serve to provide as-needed on-call services for multiple Departments and Divisions in the City of Santa Monica and not committed expenses, allowing the City to be responsive to operational needs. Accounts would be provided by Departments and Divisions when they request mechanical equipment as-needed services. The costs of the services would be covered using existing budgeted funds within the requesting departments’ budgets. The initial contract would be for an amount not to exceed $5,000,000 for a three-year period with the ability to extend the contract amount for an additional $1,500,000 for an additional one-year period, for a total not to exceed $6,500,000 over a four-year period. Future year funding is contingent on Council budget approval.
Contract Request
FY 2023-24 Budget
Request Amount Account # Total Contract Amount
As-Needed per Project Various Accounts $ 5,000,000
Prepared By: William Clerk, Architectural Associate
Approved Forwarded to Council
Attachments:
A. Staff Report - May 8, 2018 ACCO
5.A
Packet Pg. 218
6 of 6
B. Oaks Initiative Form - ACCO
C. Levine Act Disclosure Form - ACCO
5.A
Packet Pg. 219
City Council
Report
City Council Meeting: May 8, 2018
Agenda Item: 3.A
1 of 4
To: Mayor and City Council
From: Susan Cline, Director, Public Works, Facilities Maintenance Subject: Contractual Services Agreement for Citywide HVAC Maintenance and Repair Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement with ACCO Engineered Systems for maintenance of City heating, ventilation and air conditioning (HVAC) systems and large-scale repairs. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.080(b) and is for a total amount not to exceed $1,499,064 over a five-year period, with future year funding contingent on Council budget approval.
Executive Summary
The Facilities Maintenance Division contracts out heating, ventilation and air conditioning (HVAC) work for various City facilities including City Hall, the Public Safety Facility, City libraries and City fire stations. This contracted work augments the City’s inhouse HVAC staff and generally focuses on large scale repairs and maintenance of intricate HVAC systems. Staff recommends piggybacking off of a competitive bid completed by the Big Blue Bus (BBB) last year and awarding the contract to ACCO Engineered Systems for an amount not to exceed $1,499,064 over a five-year period.
Background
In June 2017, Facilities Maintenance staff awarded informal bid 53907-OG to ACCO Engineered Systems. Staff executed a contractual services agreement, CT-4395, for a total amount not to exceed $175,000 over a two-year period. Upon the execution of CT4395, it became apparent that the total not to exceed amount would be exhausted in less than two years as the City’s demand for HVAC contractual services has increased due to the addition of facilities at the Santa Monica Municipal Airport and aging HVAC systems citywide.
5.A.a
Packet Pg. 220 Attachment: Staff Report - May 8, 2018 ACCO (6154 : Airport Mechanical Equip Replacement) 2 of 4
Discussion
The City employs five permanent in-house staff to provide various HVAC services at City facilities. Typical services provided by City staff include adjusting air controls, changing fan belts and providing basic preventative maintenance. Due to the large size and complexity of some City HVAC systems, in-house staff cannot meet all citywide HVAC needs. To ensure efficient operation and safe temperature-controlled environments for the public and staff, additional services are contracted out for:
the larger and more complex HVAC systems located at facilities such as the Santa Monica Municipal Airport, Santa Monica Main Library and the City’s fire stations;
large-scale projects that are often long-term and require specialized licensing and equipment; and
addressing equipment failures and emergency repair work in a timely manner to prevent shutdowns.
Immediate contracted services are needed to address a backlog of deferred maintenance which will require significant repairs and replacements to various City HVAC systems. Internal staff will then be able to take on most preventative maintenance throughout the City. The installation of new equipment will also reduce the demand for contractors to complete repairs.
Staff expects to complete the large-scale projects during the first two years of the contract in an amount not to exceed $850,000, for a total amount not to exceed $1,075,000 over a five-year period. Citywide routine preventative maintenance will be performed during the first two years of the contract in an amount not to exceed $164,350, for a total amount not to exceed $424,064 over a five-year period.
Staff recommends piggybacking on BBB’s bid award with ACCO Engineered Systems, at the same hourly rate, in an amount not to exceed $1,014,350 for two years, with one additional three-year renewal option, for a total amount not to exceed $1,499,064 over a five-year period, with future year funding contingent on Council budget approval.
5.A.a
Packet Pg. 221 Attachment: Staff Report - May 8, 2018 ACCO (6154 : Airport Mechanical Equip Replacement) 3 of 4
Vendor/Consultant Selection
On March 21, 2017, the City published Notices Inviting Bids to provide maintenance and repair services for BBB’s HVAC and Air Movement systems in accordance with City specifications. The bid was posted on the City’s online bidding site, and notices were advertised in the Santa Monica Daily Press in accordance with City Charter and Municipal Code provisions. Twenty-seven vendors downloaded the bid. Two bids were received and publicly opened on April 6, 2017 (Attachment A). ACCO Engineered Systems and Richardson Technologies, Inc. submitted bids, and highlights from each are as follows:
Scope
Acco Engineered
Systems
Richardson
Technologies
Journeyman (per hour) $ 115.00 $ 107.00
Apprentice (per hour) $ 95.00 $ 107.00
Overtime (per hour) $ 156.00 $ 160.50
Total Costs $ 366.00 $ 374.50
Bids were evaluated based on criteria in SMMC 2.24.072, including price, previous experience, ability to deliver, quality of product, and compliance with City specifications.
ACCO Engineered Systems, the lowest bidder, was recommended as the best bidder.
On June 13, 2017 Council awarded bid #4266 for the maintenance and repair of HVAC systems to ACCO Engineered Systems (Attachment A). Staff recommends piggybacking on BBB’s bid award with ACCO Engineered Systems, at the same hourly rate. The proposed agreement with ACCO Engineered Systems fully complies with the exceptions to competitive bidding, pursuant to Section 2.24.080(b) of the Santa Monica Municipal Code.
Financial Impacts and Budget Actions
The agreement to be awarded to ACCO Engineered Systems is for an amount not to exceed $1,499,064. Funds of $506,330 are available in the FY 2017-18 budget in the Public Works Department. The contract will be charged to account 01274.570060 and
5.A.a
Packet Pg. 222 Attachment: Staff Report - May 8, 2018 ACCO (6154 : Airport Mechanical Equip Replacement) 4 of 4
expenditures will be transferred to departments incurring the contracting services.
Future year funding is contingent on Council budget approval.
Prepared By: Kyla Johnson, Senior Administrative Analyst Approved Forwarded to Council
Attachments:
A. June 13, 2017 Staff Report
B. 4266 Bid Results
C. ACCO Oaks Initiative Form
5.A.a
Packet Pg. 223 Attachment: Staff Report - May 8, 2018 ACCO (6154 : Airport Mechanical Equip Replacement)
5.A.b
Packet Pg. 224
Attachment: Oaks Initiative Form - ACCO (6154 : Airport Mechanical Equip Replacement)
5.A.b
Packet Pg. 225
Attachment: Oaks Initiative Form - ACCO (6154 : Airport Mechanical Equip Replacement)
5.A.c
Packet Pg. 226
Attachment: Levine Act Disclosure Form - ACCO (6154 : Airport Mechanical Equip Replacement)
5.A.c
Packet Pg. 227
Attachment: Levine Act Disclosure Form - ACCO (6154 : Airport Mechanical Equip Replacement) City Council
Report
City Council Meeting: May 28, 2024
Agenda Item: 5.B
1 of 6
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Office of Sustainability & the Environment
Subject: Award Request For Proposal to Maas Energy For the Purchase of Renewable Natural Gas to Offset the Use of Regular Natural Gas
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;
2. Award RFP #396 to Maas Energy for the procurement and supply of renewable natural gas to offset the current use of natural gas, and the management of low carbon fuel standard for the Public Works Department; and
3. Authorize the City Manager to negotiate and execute an agreement with Maas Energy at no cost to the City for five-years.
Summary
The City operates a fleet of approximately 960 vehicles ranging from transit buses and resource recovery and recycling vehicles to street sweepers and sedans. As part of the City’s goals of curbing greenhouse gas emissions, approximately 70% of the City’s vehicles run on some form of alternative fuel, including renewable natural gas (RNG), renewable liquefied natural gas (RLNG), renewable diesel, electricity, and propane. The remaining 30% of the City’s fleet continues to run on unleaded gasoline vehicles. The City converted to 100% renewable natural gas for its existing CNG vehicles in 2018 and began participating in the California Air Resources Board Low Carbon Fuel Standards Carbon Credit Program in order to offset its use of compressed natural gas. Purchasing renewable natural gas (RNG) to offset its current use of compressed natural gas supports the City’s long-term goal of reaching carbon neutrality by 2050 because it
5.B
Packet Pg. 228
2 of 6
reduces the greenhouse gas emissions associated with these vehicles by 60%, reduces the City’s overall fleet emissions by 6%, and generates revenues through the carbon credit program that would offset approximately 95% of the City's current cost of purchasing natural gas through the Gas Company.
Staff recommends continuing to purchase RNG by awarding an agreement with Maas Energy for the purchase of renewable natural gas and management of a Low Carbon Fuel Standard Program for a five-year period resulting in approximately $1,650,000 in revenues. The proposed bidder is providing the City approximately $330,000 per year in revenues from the sale of carbon credits. The carbon emissions reductions from the use of RNG equals approximately 11,463 metric tons of CO2 per year or 1.6% of the City’s operational emissions. This is equivalent to removing 57 heavy-duty vehicles or recycling 28,658 tons of landfill waste every year.
Discussion
Beginning in 1998, the City began converting its heavy and medium duty vehicles to compressed natural gas (CNG). The Big Blue Bus has been purchasing renewable liquefied natural gas (RLNG) to fuel its 200 plus buses, or 20% of the fleet, since 2015 under an existing agreement with Clean Energy Fuels. The BBB continues to use RLNG in 75% of its busses while it transitions to all electric busses. In 2018, the remaining City fleet of approximately 270 vehicles, or 27% of the fleet, converted to RNG. RNG is fully interchangeable with CNG. It is harvested from methane captured at landfills, wastewater treatment facilities, and dairy and pig farms. It is 60% less carbon intensive compared to CNG sourced from non-renewable sources.
Low Carbon Fuel Standards – Carbon Credits
California’s Low Carbon Fuel Standard (LCFS) mandates were enacted by executive order pursuant to the Global Warming Solutions Act, Assembly Bill 32, to reduce the carbon intensity in transportation fuels to 1990 levels by 2020. The carbon intensity of a fuel is the measure of its greenhouse gas emissions on a lifecycle basis and includes all emissions during extraction and refining, production and processing, and use in the vehicle. The LCFS Program is one of the measures adopted by the California Air
5.B
Packet Pg. 229
3 of 6
Resources Board (CARB) pursuant to Health and Safety Code Sections 38500-38599 to reduce greenhouse gases in California. To generate credits, fuels must have a lower carbon intensity than the target set by the CARB. Fuels with a carbon intensity higher than the standard would generate a deficit. Credit owners can sell or trade credits in the California LCFS market, thereby generating revenues. Credits generated through the LCFS Program can be banked without penalty over the course of the program. The City first started generating credits five years ago when it converted its RRR vehicles to RNG. Under the existing program, LCFS credits are generated based on the volume of fuel dispensed at a facility. In addition, the producers of renewable fuels produce Renewable identification numbers (RINs) credits used for compliance and are the “currency” of the Renewable Fuel Standard program managed by the EPA. Under this program the renewable fuel producers generate RINs, market participants trade RINs, and obligated parties obtain and then ultimately retire the RINs.
Potential revenues with Maas Energy are estimated to generate approximately $330,000 annually from the sale of carbon credits. The City previously generated approximately $180,000 annually through its agreement with Clean Energy renewables.
Estimated revenues are based on two types of credits generated by the city and the vendor from the use and production of renewable natural gas.
Renewable Natural Gas (RNG), or biomethane, has been identified as a viable alternative to traditional natural gas by both the California Air Resources Board and the Office of Sustainability. RNG has the same chemical composition as traditional natural gas but has a lower carbon intensity because it is sourced from landfills, pig farms, and dairy farms.
If awarded, the City would purchase RNG from Maas Energy, which generates RNG from methane captured at landfills and wastewater treatment facilities, purifies the methane, compresses it, and sends it to the interstate fuel pipeline system accessed by the Southern California Gas Company. Maas Energy would register with CARB on behalf of the City to manage the LCFS Program and sell the credits on the City’s behalf
5.B
Packet Pg. 230
4 of 6
to generate revenues based on the market value of the credits. Maas Energy would then distribute a portion of the proceeds to the City. By producing RNG, Maas Energy generates its own credits which it sells to generate revenues to operate its business.
Maas Energy is able to guarantee price parity between Compressed Natural Gas and Renewable Natural Gas by passing on to its customers a portion of the revenue it generates from the sale of its own credits. Maas Energy would administer the LCFS Program on behalf of the City including tracking, registering, submitting reports, trading the credits, generating monthly revenue, and submitting checks to the City.
Vendor Selection
Bidder Recommendation
Best Qualified Person/Firm Maas Energy Works
Evaluation Criteria Work Plans, experience, capacity/ability to perform services promptly, technical capabilities, financial/other resources, character/reputation, ability to provide future services as needed and price
Municipal Code SMMC 2.24.190
RFP’s Received
Clean Energy
Renewables
Fuels, LLC
GHI Energy,
LLC
Maas Energy
Works
Trillium, LLC US Grain
RFP Data
Posted On Posted On Advertise In
(City Charter &
SMMC)
Vendors
Downloaded
Date Publicly
Opened
01/17/2024 City’s Online
Bidding Site
Santa Monica
Daily Press
15 1/17/2024
Justification to Award
On March 4, 2024, the selection committee met to review the proposals. Proposals were evaluated based upon the following selection criteria: experience, sample materials, work plans, project team, price, creativity, overall presentation, carbon intensity of fuel, and ability to meet timelines. Based on this criteria and criteria in SMMC 2.24.190, staff recommends Maas Energy as the best qualified firm to provide
5.B
Packet Pg. 231
5 of 6
RNG and management of the LCFS Program based on pricing, ability to provide a share of LCFS credits, previous experience, ability to deliver RNG with the lowest greenhouse gas pathway to Santa Monica, ability to deliver RNG from landfills with the lowest Carbon Intensity, quality of product, the management team’s industry expertise, and compliance with City specifications. Maas Energy will provide the City with 17% of the incremental LCFS credit revenue.
Environmental Review
The purchase and use of RNG is categorically exempt from CEQA pursuant to Section 15301 (Class 1 - Existing Facilities) of the CEQA Guidelines. Section 15301 provides exemption for the operation, repair, maintenance, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The purchase orders for RNG would allow for the continued operations of fleet vehicles. The purchase orders would not expand or materially change existing facilities or operations. Therefore, the purchase orders are categorically exempt pursuant to Section 15301 of the CEQA Guidelines.
Past Council Actions
Meeting Date Description
June 26, 2018 1. Award RFP #139 to Clean Energy
Renewable Fuels, LLC, a Californiabased company, for the procurement and supply of Renewable Natural Gas; and
2. Authorize the City to register and
participate in the California Air Resources
Board Low Carbon Fuel Standards
Carbon Credit Program
Financial Impacts and Budget Actions
Staff seeks to enter into an agreement with Maas Energy to manage the LCFS Program for the City. The program would be structured to provide a specified share of the LCFS credit revenue to the City and would require no direct costs or investment made by the
5.B
Packet Pg. 232
6 of 6
City. The estimated revenue impact to the City is approximately $330,000 annually.
Revenues from LCFS credits will be booked initially to 70500001.415540 - Alternative Fuel Tax Credit then allocated proportionally to the various funds used to purchase RNG fuel. Staff will return to Council if specific budget actions are required in the future.
Prepared By: James Velez-Conway, Senior Sustainability Analyst Approved Forwarded to Council
Attachments:
A. Living Wage Ordinance Certification - Maas Energy
B. Oaks Initiative Form Maas Energy
C. Levine Act Disclosure Form - Maas Energy
5.B
Packet Pg. 233
5.B.a
Packet Pg. 234 Attachment: Living Wage Ordinance Certification - Maas Energy (6172 : Award RFP For the Purchase of Renewable Natural Gas to Offset the
5.B.a
Packet Pg. 235 Attachment: Living Wage Ordinance Certification - Maas Energy (6172 : Award RFP For the Purchase of Renewable Natural Gas to Offset the
5.B.b
Packet Pg. 236 Attachment: Oaks Initiative Form Maas Energy (6172 : Award RFP For the Purchase of Renewable Natural Gas to Offset the Use of Regular
5.B.b
Packet Pg. 237 Attachment: Oaks Initiative Form Maas Energy (6172 : Award RFP For the Purchase of Renewable Natural Gas to Offset the Use of Regular
5.B.c
Packet Pg. 238 Attachment: Levine Act Disclosure Form - Maas Energy [Revision 1] (6172 : Award RFP For the Purchase of Renewable Natural Gas to Offset
5.B.c
Packet Pg. 239 Attachment: Levine Act Disclosure Form - Maas Energy [Revision 1] (6172 : Award RFP For the Purchase of Renewable Natural Gas to Offset
5.B.c
Packet Pg. 240 Attachment: Levine Act Disclosure Form - Maas Energy [Revision 1] (6172 : Award RFP For the Purchase of Renewable Natural Gas to Offset City Council
Report
City Council Meeting: May 28, 2024
Agenda Item: 5.C
1 of 7
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Award Construction Contract to Elecnor Belco Electric, Inc. for Lincoln Boulevard Neighborhood Corridor (LiNC) Street Improvements Project (Phase 1 - Street and Pedestrian Lighting)
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301, Section 15303, and Section 15311 of the California Environmental Quality Act (CEQA) Guidelines and Section 21080.25 of CEQA;
2. Award Bid #SP2331 to Elecnor Belco Electric Inc., for the construction of Lincoln Boulevard Neighborhood Corridor (LiNC) Street Improvements Project (Phase 1 - Street and Pedestrian Lighting) for the Public Works Department;
3. Authorize the City Manager to negotiate and execute a construction contract with Elecnor Belco Electric Inc, in an amount not to exceed $5,885,932 (including a $15% contingency); and
4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.
Summary
Since taking over responsibility of Lincoln Boulevard from Caltrans in 2012, the City of Santa Monica has worked with residents and local businesses to improve this vital transportation and business corridor. The Lincoln Neighborhood Corridor Streetscape Project (LiNC) consists of enhancing the physical environment and pedestrian safety through streetscape and supporting the aesthetic transformation of the corridor through the implementation of short- and long-term safety and aesthetic enhancements of the public right-of-way (ROW). The LiNC incorporates these
5.C
Packet Pg. 241
2 of 7
enhancements spanning from the Interstate 10 freeway (I-10 Fwy) to Ozone Avenue at the southern city limit. These enhancements would be performed in phases, as funding becomes available; and streetlighting and pedestrian lighting upgrades would be implemented as part of Phase 1 of LiNC. Staff recommends Elecnor Belco Electric, Inc to provide construction services in an amount not to exceed $5,885,932 (including a 15% contingency). This project phase would be mostly funded by a grant from the State Budget Act of 2022 (Attachment A) and Local Return transportation funding.
Discussion
Caltrans relinquished Lincoln Boulevard to the City of Santa Monica in 2012, which stimulated public and private interests in fulfilling the reimagining of Lincoln Boulevard and in addressing deferred maintenance. In 2017, the Lincoln Neighborhood Corridor Plan (The "LiNC") was adopted by the City Council. Lengthy outreach and planning efforts have informed the goals for the vision of the Land Use and Circulation Element (LUCE) for a more walkable and aesthetically pleasing corridor. In 2013, the Public Works Department and Department of Transportation conducted a street resurfacing and markings project that improved vehicular operations and laid the groundwork for future transit improvements by modifying right-of-way striping to accommodate a new dedicated, peak-hour bus lane, which was completed in 2017. The resurfacing project improved the pavement condition of Lincoln Boulevard but left more substantive streetscape modifications (such as medians and crosswalks) and other enhancements to be resolved by LiNC.
Beginning in August 2014, an interdepartmental team led by the Community Development Department began work on LiNC to develop streetscape, transportation, and business improvement concepts. Leveraging relationships with neighborhood leaders and members of the Lincoln Boulevard Taskforce, the planning team conducted extensive outreach to address key concerns and develop consensus on a preferred streetscape alternative. Outreach activities included two community workshops, dozens of one-on-one and group stakeholder meetings, focus groups with local businesses, and an online presence that included social media and civic engagement platforms.
5.C
Packet Pg. 242
3 of 7
The project area for the Lincoln Neighborhood Corridor Streetscape Project spans 17 blocks and 1.25 miles along Lincoln Boulevard between the I-10 Freeway overpass and Ozone Avenue and runs through three neighborhoods: Pico, Ocean Park, and Sunset Park.
During the conceptual design process, each of the 17 blocks within the project area were individually analyzed for opportunities to accommodate the features desired by the community and support the goals of the project. The final conceptual streetscape and transportation design plan incorporates a balanced mix of new features that result in a better performing, enhanced streetscape and transportation environment for vehicles, transit, pedestrians, and bicycles. All the streetscape elements are being proposed without the loss of a travel lane for vehicles. The improvements are intended to make movement for all users and modes more predictable by providing safe places for pedestrians to cross the street, identifying areas for bicycles to maneuver, accommodating transit, and organizing vehicle flow.
On April 25, 2017, after nearly three years of conceptual streetscape and transportation design development, the City Council approved the final streetscape and transportation concept for the LiNC (Attachment B).
The project design was completed in 2019 and was initially bid out in March of 2020.
The initial bidding process was cancelled and not completed due to the global pandemic and City restructuring in 2020. City staff have been searching for grant and funding opportunities, and on June 16, 2023, the City was awarded $4.8 million from the Budget Act 2022, State General Funds from the State of California (Attachment A). This funding is intended to implement the first phase of the project by installing pedestrian lighting improvements, modernize existing streetlighting, and construct select pedestrian intersection improvements adjacent to the northern portion of the project and adjacent to Santa Monica High School (SAMOHI).
Phase 1 improvements would include:
5.C
Packet Pg. 243
4 of 7
• Modernization of streetlighting circuitry from high to low voltage power. • Installation of new LED streetlights, and new LED pedestrian-oriented lights to enhance visibility and lighting efficiency along Lincoln Boulevard. • Reconfigure and improve pedestrian crossings across Lincoln Boulevard at Olympic to allow for a safe two-phased crossing approach with the installation of a median island refuge.
• Improve pedestrian crossings across Lincoln Boulevard at Michigan Avenue. • Traffic signal improvements and curb ramp extension at Michigan Avenue. • Sidewalk repairs on Lincoln Boulevard.
To complete the remaining phases of the project, staff applied for the USDOT Safe Streets and Roads for All (SS4A) 2024 Implementation Grant on May 16, 2024.
Contractor Selection
Bidder Recommendation
Best Bidder Elecnor Belco Electric, Inc
Evaluation
Criteria
Price; the ability, capacity, and skill of the bidder to perform the services; the capacity of the bidder to perform the contract within the time specified; the sufficiency of the bidder’s financial resources; the reputation and experience of the bidder.
Municipal Code SMMC 2.24.180
Submittals Received
Elecnor Belco Electric, Inc. $5,118,202.00
Baker Electric Inc. $5,155,218.21
Servitek Electric, Inc $6,485,165.00
Bid Data
Date
Posted
Posted On Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
02/27/2024 City's Online
Bidding Site
Santa Monica Daily
Press
85 4/2/2024
Best Bidder Justification
5.C
Packet Pg. 244
5 of 7
Staff recommends Elecnor Belco Electric, Inc, the lowest bidder, as the best bidder when evaluating bid price, previous project experience, and completion of past projects for the City of Santa Monica, City of Long Beach and City of Glendale. The recommended bidder has demonstrated the ability to perform quality work on Public Works projects in similar scope including electrical, streetlighting and traffic signal projects.
Public Outreach
The Project webpage, Attachment C, discusses detailed outreach conducted between 2015 and 2019. City staff consulted with the community through a series of meetings including open house events, with neighborhood associations, focused stakeholder discussions and presentations, site visits, mailers, door to door outreach, and workshops. In 2023 and 2024 staff has had high level communications about the project as part of monthly meetings between City staff and SMMUSD. Any work adjacent to SAMOHI would be closely coordinated and City staff would communicate with the school. Most recently, staff met with Ocean Park Association’s LiNC Subcommittee on April 10th, 2024, and provided a project status update and information about the upcoming first phase of work.
Construction is expected to begin in the Winter of 2024, and last for approximately 15 months. Approximately two weeks prior to construction, the contractor would distribute notifications to adjacent properties and residents detailing the project scope, construction schedule, and potential impacts. Periodic updates during construction would be provided, as necessary. Social media would be utilized to notify the public about general construction updates and milestones.
Past Council Actions
4/25/17 (Attachment B) Approved final streetscape and transportation concept for the Lincoln Boulevard Neighborhood Corridor
Environmental Review
The project is categorically exempt from CEQA pursuant to Section 15301, Section 15303, and Section 15311 of the CEQA Guidelines and Section 21080.25 of CEQA.
5.C
Packet Pg. 245
6 of 7
Section 15301 (Class 1 – Existing Facilities) exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Section 15303 (Class 3 – New Construction or Conversion of Small Structures) of the CEQA Guidelines provides exemption for the construction and location of limited numbers of new small facilities or structures. This includes curb ramps and pedestrian lighting. Section 15311 (Class 11 – Accessory Structures) exempts the construction, or replacement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to seasonal or temporary use items in generally the same locations from time to time in publicly owned parks, stadiums, or other facilities designed for public use. Additionally, Section 21080.25 of CEQA states that CEQA does not apply to pedestrian facilities that improve safety, access, or mobility, including new facilities, within the public right-of-way. This project would add pedestrian lighting, curb extensions, street striping, update street lighting, traffic signal modifications, upgrade curb ramps and relocate storm drain catch basins. The project would not expand or materially change existing City streets or infrastructure. Furthermore, none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this exemption. Therefore, the project is exempt pursuant to Sections 15301, 15303, and Section 15311 of the CEQA Guidelines, and Section 21080.25 of CEQA.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Miscellaneous Grants Fund (California Surplus – Budget Act 2022) and Local Return Fund (Prop C) to award a contract to Elecnor Belco Electric, Inc to provide construction services for the Project.
Funds in the amount of $900,000 from the Local Return Fund (Prop C) are included in the FY 2024-26 Proposed Biennial Capital Improvement Program Budget.
Future year funding is contingent on Council approval.
Contract Request
5.C
Packet Pg. 246
7 of 7
Funding Source
FY 2023-24
Request
Amount
Future Year
Request
Amount
CIP Account # Total Contract
Amount
California
Surplus (Budget
Act 2022)
$4,732,000 C2008770.689000 LiNC
Project $4,732,000
Prop C Local
Return $253,932
C2704600.689130
Annual Paving and Sidewalk
Replacement
$253,932
Prop C Local
Return $900,000
C2708770.689130 LINC
Project $900,000
Total $5,885,932
Prepared By: Daniel Batarseh, Engineering Technician
Approved Forwarded to Council
Attachments:
A. State Budget Act of 2022 Agreement
B. Design approval for the Lincoln Neighborhood Corridor Plan Streetscape C. Lincoln Boulevard Neighborhood Corridor Plan Webpage D. Levine Act Disclosure Form - Belco
E. Oaks Initiative Form - Belco
F. Written Comments
5.C
Packet Pg. 247
Project ID: PLBPL-5107(054)
Advantage ID: 0723000225
Funds Transfer Agreement Between the California Department of Transportation and the City of Santa Monica
1.1 The California Department of Transportation (Caltrans) and the City of Santa Monica’s Department of Public Works (City) hereby enter into this Funds Transfer Agreement (Agreement) on the terms and conditions set forth below.
1.2 This Agreement is not valid until signed by both parties. This Agreement shall expire on City’s completion of its obligations under this Agreement, but may be extended by amending this Agreement.
BACKGROUND
2.1 Section 19.56 (g)(1)(AF) of Budget Act of 2022 (the Act) appropriated $4.8 Million ($4,800,000) dollars (the Funds) from the State General Fund to Caltrans, to be allocated to City for the Lincoln Neighborhood Corridor Streetscape.
2.2 Caltrans determined the best method for allocation to ensure the funds are used for the purposes specified in Section 19.56 of the Act is a funds transfer agreement.
2.3 Lincoln Boulevard is a main north-south traffic and transit thoroughfare in the The City. Every day, residents and visitors travel Lincoln Boulevard by foot, bicycle, and vehicle to access the I-10 Freeway, for commuter and recreational trips. Lincoln Boulevard sees an average of 45,000 motorist trips daily.
Through a number of Phases, the Lincoln Neighborhood Corridor Streetscape Project’s goal is to improve safety and accessibility of Lincoln Boulevard between Olympic Boulevard and Dewey Street, as well as help reduce travel time and improve lighting for motorists, bicyclists and pedestrians.
The City may apply for future grants to complete additional phases of the Project. This funding appropriation may be used as matching funds, where eligible and appropriate.
SCOPE OF WORK
3.1 The Funds provided under this Agreement will be used for Lincoln Neighborhood Corridor Streetscape (Project). The Project limits are along Lincoln Boulevard from Olympic Boulevard to Dewey Street. The Project deliverables would include the construction and installation of pedestrian streetlights and modernization of the current high voltage streetlight system to energy efficient LED streetlights. The Project would also include limited pavement and sidewalk
5.C.a
Packet Pg. 248 Attachment: State Budget Act of 2022 Agreement (6287 : Award Bid No. SP2331 Construction Contract for Lincoln Boulevard Street Project ID: PLBPL-5107(054)
Advantage ID: 0723000225
Funds Transfer Agreement Between the California Department of Transportation and the City of Santa Monica
2 improvements to increase pedestrian and motorist safety and comfort. All funds will be used for construction purposes and the Project will have no consultants, construction management, or right-of-way related expenditures.
3.2 City shall only use Funds for the Project specified in the Act. City’s selfattestation verifying the intended use of funds shall be provided to the Department prior to the release of any funds.
FUNDING, COSTS, COST LIMITATION, & PAYMENT
4.1 The Funds will be encumbered within 2 days of the effective date of this Agreement. Pursuant to Section 19.56 of the Act, funds must be encumbered by June 30, 2024, and expended by June 30, 2026, or the funds will revert to the State’s General Fund by operation of law.
4.2 Payments shall be made as authorized by Sections 19.56(a) of the Act, including, but not limited to the provisions noted below:
a. Notwithstanding any other law, a designated state entity administering an allocation pursuant to this section may provide the allocation as an advance lump sum payment, and the allocation may be used to pay for costs incurred prior to the effective date of the act adding this paragraph.
b. Funding provided in this section shall not be used for a purpose subject to Section 8 of the Article XVI of California Constitution.
4.3 Within 30 days of expending all of the Funds or upon completion or termination of Project, whichever comes first, City shall submit to Caltrans a Project Closeout Report. The Project Closeout Report at a minimum shall include a description of completed Project component(s) and a description of Project outcomes. Photographs of the Project are encouraged to be included.
4.4 Any Project costs paid using the Funds that are determined by subsequent audit to be unallowable under 48 CFR, Part 31 or 2 CFR, Part 200, are subject to repayment by City to Caltrans.
4.5 City shall return any unspent Funds to Caltrans at the conclusion, completion, or termination of the Project.
4.6 Upon written demand by STATE, any overpayment to City of amounts invoiced to CALTRANS shall be returned to STATE.
5.C.a
Packet Pg. 249 Attachment: State Budget Act of 2022 Agreement (6287 : Award Bid No. SP2331 Construction Contract for Lincoln Boulevard Street Project ID: PLBPL-5107(054)
Advantage ID: 0723000225
Funds Transfer Agreement Between the California Department of Transportation and the City of Santa Monica
3 4.7 Should City fail to refund any moneys due CALTRANS as provided herein or should City breach this AGREEMENT by failing to complete Project without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amounts paid by or owed to CALTRANS for each Project, from future apportionments or any other funds due The City from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE-FUNDED projects proposed by ADMINISTERING AGENCY.
INQUIRIES & NOTICES
5.1 All inquiries during the term of this Agreement will be directed to the representatives listed below:
For Caltrans:
Hamid Aghasharif
California Department of
Transportation
District 7 - Office of Local
Assistance
100 South Main Street
Los Angeles, CA 90012
213-266-3602
[email protected]
For City of Santa Monica:
Department of Public Works
Name: Engineering and Street
Services Division, Attn: Curtis Castle
Address: 1685 Main Street, MS 15
Phone Number: (310) 458-8721
Email:[email protected]
5.2 Each party may change their representative listed above upon 10 calendar days’ written or emailed notice to the other party and without the need for amending this Agreement.
OTHER TERMS & CONDITIONS
6.1 Drug-Free Workplace Requirements: City will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drugfree workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
5.C.a
Packet Pg. 250 Attachment: State Budget Act of 2022 Agreement (6287 : Award Bid No. SP2331 Construction Contract for Lincoln Boulevard Street Project ID: PLBPL-5107(054)
Advantage ID: 0723000225
Funds Transfer Agreement Between the California Department of Transportation and the City of Santa Monica
4 b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and City may be ineligible for award of any future State agreements if Caltrans or the State Department of General Services determines that any of the following has occurred: City has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
6.2 Conflict of Interest: City needs to be aware of the following provisions regarding current or former state employees. If City has any questions on the status of any person rendering services or involved with the Agreement, Caltrans must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a
5.C.a
Packet Pg. 251 Attachment: State Budget Act of 2022 Agreement (6287 : Award Bid No. SP2331 Construction Contract for Lincoln Boulevard Street Project ID: PLBPL-5107(054)
Advantage ID: 0723000225
Funds Transfer Agreement Between the California Department of Transportation and the City of Santa Monica
5 contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decisionmaking process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If City violates any provisions of above paragraphs, such action by City shall render this Agreement void. (Pub. Contract Code §10420.) If the Agreement is rendered void, The City shall return all Funds.
6.3 Labor Code/Workers' Compensation: City needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and City affirms to comply with such provisions before commencing the performance of the work described in this Agreement. (Labor Code § 3700.)
6.4. Americans With Disabilities Act: City assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. § 12101 et seq.)
6.5. City Name Change: An amendment is required to change City’s name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
6.6. Resolution: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
6.7. Air or Water Pollution Violation: Under State law, The City shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the
5.C.a
Packet Pg. 252 Attachment: State Budget Act of 2022 Agreement (6287 : Award Bid No. SP2331 Construction Contract for Lincoln Boulevard Street Project ID: PLBPL-5107(054)
Advantage ID: 0723000225
Funds Transfer Agreement Between the California Department of Transportation and the City of Santa Monica
6 Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
6.8. Audit: City agrees that Caltrans, the California Department of General Services, the California State Auditor’s Office, or other State agency with a legitimate business purpose, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. City agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of record retention is stipulated.
6.9. Amendments: No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. Any amendment signed by City must be approved by its Board of Directors as evidenced by a resolution, order, motion, or ordinance of City and a copy provided to Caltrans.
No oral understanding or agreement not incorporated in the Agreement is binding on any of the parties.
6.10. Caltrans and City shall continue with their responsibilities under this Agreement during any dispute.
6.11 This Agreement may be executed in separate counterparts.
6.12 An electronically signed copy of this Agreement shall have the same force and effect as if it were signed manually.
6.13 Should City be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if City is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, CALTRANS is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV – 21, from those constituent entities comprising a joint powers authority or by bringing of an action against City or its constituent member entities, to recover all funds provided by CALTRANS hereunder.
5.C.a
Packet Pg. 253 Attachment: State Budget Act of 2022 Agreement (6287 : Award Bid No. SP2331 Construction Contract for Lincoln Boulevard Street Project ID: PLBPL-5107(054)
Advantage ID: 0723000225
7 Funds Transfer Agreement Between the California Department of Transportation and the City of Santa Monica
State:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Printed Name: Jeanie Ward-Waller
Signature:
Deputy Director for Planning & Modal
Programs
Date:
Local Agency:
The City of Santa Monica
Printed Name: Alex Nazarchuk
Signature:
Title: City Engineer
Date: 5/22/2023
Accounting Certification
Mekbib Woldegebriel mekbib woldegebriel 05/22/2023 $4,800,000.00 06/16/23
5.C.a
Packet Pg. 254 Attachment: State Budget Act of 2022 Agreement (6287 : Award Bid No. SP2331 Construction Contract for Lincoln Boulevard Street City Council
Report
City Council Meeting: April 25, 2017
Agenda Item: 8.A
1 of 19
To: Mayor and City Council
From: David Martin, Director, City Planning
Subject: Design approval for the Lincoln Neighborhood Corridor Plan Streetscape Recommended Action
Staff recommends that City Council approve the final streetscape and transportation concept for the Lincoln Neighborhood Corridor Plan.
Executive Summary
Since successfully taking over responsibility for Lincoln Boulevard from Caltrans in 2012, the City of Santa Monica has worked with local residents and businesses to improve one of our community’s most important but neglected transportation and business corridors.
The Lincoln Neighborhood Corridor Plan (the “LiNC”) consists of two main components:
enhancing the physical environment and pedestrian safety through streetscape improvements and supporting the aesthetic transformation of the corridor by incentivizing the remodel of existing businesses. The project has reached a milestone with the completion of the final design concept for the streetscape and transportation proposal. This report provides information on the streetscape design effort, and summarizes the various design components and programmatic changes that will be implemented over time. Council is being asked to approve the LiNC streetscape design and transportation concept now prior to the completion of the project’s business improvement measures, which are being developed on a separate timeline.
The proposed streetscape and transportation enhancements would fulfill the Land Use and Circulation Element’s (LUCE) policy direction to transition the busy commuting corridor of Lincoln Boulevard into a pedestrian-oriented environment. Work on the streetscape and transportation concept has spanned several years, and has identified opportunities for new crosswalks, landscaped medians and pedestrian refuges, pedestrian lighting, bicycle connectors and many other elements. Importantly, the LiNC has integrated a peak commute-hour dedicated bus lane into the right-of-way (with no net impact to vehicle flow) as a means to support Lincoln’s role as a transit priority corridor and to increase transit ridership.
Recent work on the streetscape and transportation concept has involved identifying a realistic phasing program for implementation that takes into account a variety of factors such as construction costs, available funding sources, pedestrian and bicycle crash data, emergency vehicle access and alignment of project purpose with the City’s strategic initiatives. Two phases of work have been identified.
5.C.b
Packet Pg. 255 Attachment: Design approval for the Lincoln Neighborhood Corridor Plan Streetscape [Revision 1] (6287 : Award Bid No. SP2331 Construction 2 of 19
At its February 15, 2017 meeting, the Planning Commission unanimously recommended approval of the LiNC streetscape and transportation plan.
Background
The project area is located within three neighborhoods along 17 blocks of Lincoln Boulevard from the I-10 Freeway (including the bridge overpass) to Ozone Avenue, approximately 1.25 miles long. The project boundaries include the vehicular right-ofway, as well as the public sidewalk and the ground floor of the buildings that front Lincoln Blvd.
Caltrans relinquished Lincoln Boulevard to the City of Santa Monica in 2012, which stimulated public and private interests in addressing deferred maintenance issues and in fulfilling the vision of the LUCE for a more walkable and aesthetically pleasing corridor. In 2013, the Public Works Department and Traffic Engineering Division conducted a street resurfacing and striping project that improved vehicular operations and laid the groundwork for future transit efficiency by modifying right-of-way striping to accommodate potential dedicated bus lanes. The resurfacing project improved the visual condition of Lincoln Boulevard, but left more substantive streetscape modifications (such as medians or crosswalks), policy recommendations and other enhancements to be resolved by the Lincoln Neighborhood Corridor Plan.
On June 10, 2014 (ATTACHEMNT G) the City Council authorized the City Manager to negotiate and execute a contract (CCS #9651) with Community Design and Architecture (CD+A) to prepare a detailed streetscape and transportation concept for Lincoln Boulevard between the I-10 Freeway and the City limits at Ozone Avenue. The Council Ocean Park Blvd.
Ocean Park
Sunset Park Pico
LINCOLN BOULEVARD
Pico Blvd.
5.C.b
Packet Pg. 256 Attachment: Design approval for the Lincoln Neighborhood Corridor Plan Streetscape [Revision 1] (6287 : Award Bid No. SP2331 Construction 3 of 19
later authorized an amendment to this contract on July 28, 2016 to provide additional design development to address emergency access concerns from the Fire Department.
Streetscape Plan Development
Beginning in August 2014, an interdepartmental team led by Planning and Community Development began work on the LiNC to develop streetscape, transportation and business improvement concepts. Leveraging relationships with neighborhood leaders and members of the Lincoln Boulevard Taskforce, the planning team conducted extensive outreach to address key concerns and develop consensus on a preferred streetscape alternative. Outreach activities included two community workshops, dozens of one-on-one and group stakeholder meetings, focus groups with local businesses, and an online presence that included social media and civic engagement platforms.
Since August 2014, staff has presented LiNC concepts to the Planning Commission, City Council and other boards and commissions to further refine streetscape and transportation enhancements. Feedback was used to direct resources to specific issues that warranted additional research and investigation. Staff met with the Planning Commission on three occasions: 1) on October 1, 2014 (ATTACHMENT H) to introduce the project and obtain directional guidance, 2) on September 2, 2015 (ATTACHMENT I) to solicit input about emerging plan elements and obtain direction on key policy questions that had surfaced during concept development, and 3) on February 15, 2017 (ATTACHMENT J) to finalize the streetscape concept and take action on a unanimous recommendation for approval. Staff presented the LiNC project to the City Council on one occasion on November 24, 2015 (ATTACHEMNT K). At subsequent public meetings before the Recreation and Parks Commission, Architectural Review Board and in community workshops, staff received additional guidance, and interdepartmental team members helped the project team refine design criteria and implementation options that informed the final concepts presented in this staff report.
Public Participation and Community Outreach
In collaboration with multi-departmental staff, the project team has worked with a wide range of constituents to develop streetscape, transportation and business improvement concepts. Neighborhood leaders communicate frequently with staff through the Lincoln Boulevard Taskforce, which includes representation from the Ocean Park, Sunset Park
5.C.b
Packet Pg. 257 Attachment: Design approval for the Lincoln Neighborhood Corridor Plan Streetscape [Revision 1] (6287 : Award Bid No. SP2331 Construction 4 of 19
and Pico neighborhoods, as well as from the Santa Monica Malibu Unified School District. The outreach effort has involved many different forms of outreach in which participants have explored the range of issues, concerns and ideas surrounding the Boulevard, and have worked with staff to develop a preferred alternative. Outreach has involved two well-attended community workshops, stakeholder interviews and focus groups, regular meetings with the resident-led Lincoln Boulevard Taskforce, and technology and social media platforms. A separate effort to work with Boulevard businesses on any perceived impacts from the proposed commute-hour dedicated bus lane has also been conducted and is described in more detail later in this report.
Discussion
The final streetscape and transportation design incorporates elements that have been identified by the community as important to connectivity and livability. Additional design criteria have been established by various City departments who provide emergency or maintenance services. Concepts have also been aligned with federal and state guidance on roadway design, and the landscaping proposal acknowledges California’s historic drought.
During the design process, each block has been individually analyzed for opportunities to accommodate the features that are desired by the community, and which support the goals of the project. The final streetscape plan incorporates a balanced mix of new features that result in a better performing, enhanced streetscape and transportation environment for vehicles, transit, pedestrians and bicycles. None of the streetscape elements being proposed results in the loss of a travel lane for vehicles. The improvements are intended to make movement for all users and modes more predictable by providing safe places for pedestrians to cross the street, identify areas for bicycles to maneuver, accommodate transit, and organize vehicle flow. The following are brief descriptions of the design features incorporated into the final design.
Lincoln Boulevard Streetscape and Transportation Design Features (ATTACHMENT A):
New peak commute-hour 12-foot wide dedicated Bus Lanes New landscaped center medians, 10 feet average width, various lengths
5.C.b
Packet Pg. 258 Attachment: Design approval for the Lincoln Neighborhood Corridor Plan Streetscape [Revision 1] (6287 : Award Bid No. SP2331 Construction 5 of 19
3 new crosswalks with pedestrian-actuated safety signals across Lincoln Boulevard located at Grant, Pine, and Wilson/Pier Streets 4 enhanced crosswalks that integrate new pedestrian refuges at Olympic, Pearl, Hill and Ashland
New crosswalk striping at 20 locations on side streets ADA compliant dual-directional curb ramps at 90 locations along the boulevard 125 new pedestrian lights spaced at 75 foot average intervals 13 new curb-extensions and bulb-outs at strategically located side streets and in certain areas on Lincoln Blvd. north of Pico Blvd.
2 new bicycle connection improvements at Ashland and Pearl 48 new street trees in existing and/or future parkways and potentially in medians 32 bioswales for stormwater runoff
New bike racks, benches and trash receptacles
Eliminated unused curb-cuts and revised curb ramps
Wayfinding signage and markers
The primary objectives of the LiNC streetscape are to guide the transition of Lincoln Boulevard into a pedestrian-friendly environment and to improve transportation conditions for vehicles, transit and bicycles. These objectives are helpful in distilling the many components of the project into a logical implementation sequence and funding rationale. A careful review of the corridor concept was undertaken to determine which elements would: 1) provide highly visible and effective improvements to existing conditions for pedestrians, vehicles, transit and bicycles; 2) be implemented in the short-term; 3) balance cost with benefit; 4) be cost-competitive against competing projects; 5) require the least amount of disruption to traffic flow and to the local business environment, and 6) address locations where crash data identified the need for additional attention. Out of this analysis emerged two implementation phases:
Phase 1 involves a discrete set of streetscape elements that target “connections.” The estimated cost for Phase 1 improvements is approximately $2.9 million and could be fully implemented by the end of 2018 if appropriate approvals, funding resources and processing timelines are pursued efficiently.
For a list of Phase 1 improvements, please see ATTACHMENT B.
5.C.b
Packet Pg. 259 Attachment: Design approval for the Lincoln Neighborhood Corridor Plan Streetscape [Revision 1] (6287 : Award Bid No. SP2331 Construction 6 of 19
Phase 2 includes a package of costlier upgrades and more intense construction activities that would fully complete the streetscape proposal. The estimated cost for Phase 2 improvements is estimated to exceed $10 million, and may take several years, if not more, to accumulate funding through grants and internal funding resources prior to full implementation.
LINCOLN NEIGHBORHOOD CORRIDOR PLAN PHASING
RECOMMENDATION
PHASE 1 PHASE 2
STREETSCAPE ELEMENTS
3 new crosswalks with pedestrian-actuated safety signals across Lincoln Boulevard located at Grant, Pine, and Wilson/Pier Streets
✓
4 enhanced crosswalks that integrate new pedestrian refuges at Olympic, Pearl, Hill and Ashland
✓
New landscaped center medians, 10 feet average width, various lengths
✓ ✓
New crosswalk striping at 20 locations on side streets ✓ 13 new curb-extensions and bulb-outs at strategically located side streets and in certain areas on Lincoln Blvd. north of Pico Blvd.
✓
48 new street trees in existing and/or future parkways and potentially in medians
✓ ✓
32 bioswales for stormwater runoff ✓
125 new pedestrian lights spaced at 75 foot average intervals ✓ Eliminated unused curb-cuts and revised curb ramps ✓ ✓
ADA compliant dual-directional curb ramps at 90 locations along the boulevard
✓ ✓
Wayfinding Signage and Markers ✓ ✓
TRANS. NETWORK
New Peak Hour Directional 12-foot wide Dedicated Bus Lanes ✓ 2 new bicycle connection improvements at Ashland and Pearl ✓ New bike racks, benches and trash receptacles ✓ ✓
Peak Hour Directional 12-foot Dedicated Bus Lanes (Phase 1) Based on in-depth analysis on the applicability and benefits transportation enhancements, such as dedicated bus lanes on Lincoln Boulevard, staff recommends
5.C.b
Packet Pg. 260 Attachment: Design approval for the Lincoln Neighborhood Corridor Plan Streetscape [Revision 1] (6287 : Award Bid No. SP2331 Construction 7 of 19
that the peak commute-hour dedicated bus lane lead the implementation of Phase 1.
This network enhancement includes:
Peak Hour conversion of 12-foot parking lane to directional bus-only lane Activation: Northbound 7-10AM, Southbound 4-7PM
Curbside lane configuration to accommodate existing BBB vehicles Travel time savings of approximately 10 minutes within Santa Monica in each direction
Potential travel time savings of 25+ minutes if extended to the Green Line Station The implementation of the dedicated bus lane does not require the same intensity of physical intervention that other Phase 1 components necessitate. Construction of the dedicated bus lane is limited to the application of a solid stripe in the roadway to define the lane, and the installation of signage prohibiting parking or vehicles to use the lane during operations. Staff has successfully secured full funding for the bus lanes implementation, which could be delivered as early as summer 2017.
Outreach on the Bus Lane
In early spring 2017, staff from PCD and BBB collaborated on a distinct outreach campaign to Boulevard businesses regarding the commute-hour dedicated bus lane.
The purpose of this targeted one-on-one outreach was to provide businesses with the opportunity to offer additional feedback outside of the workshops, stakeholder and focus groups and online participation platforms that have been addressing Boulevard issues publically for the past two years. Working in teams, staff individually visited all of the Boulevard’s 128 businesses and spent time discussing the larger project, as well as the perceived impacts of the bus lane during its proposed operational hours. A dedicated GO feedback portal was opened to receive comments from the web, and staff distributed their phone numbers for follow-up. The following is the result of the
5.C.b
Packet Pg. 261 Attachment: Design approval for the Lincoln Neighborhood Corridor Plan Streetscape [Revision 1] (6287 : Award Bid No. SP2331 Construction 8 of 19
outreach:
87% of businesses are either supportive, indifferent or non-responsive on the subject of the commute-hour dedicated bus lane
4% of businesses have a concern about the bus lane or the project as a whole 9% of businesses oppose the commute-hour dedicated bus lane Interdepartmental staff is working with the small percentage of businesses who have expressed a concern to identify solutions that limit potential impacts. A complete description of the outreach process and individual businesses who expressed concerns is provided in ATTACHMENT F.
Three New Crosswalks (Phase 1)
To promote east/west connectivity, three new crosswalks are proposed at Grant, Pine and Pier Streets, which will also aid in further unifying the relationship between neighborhoods, and reducing the divisiveness of Lincoln Boulevard. The addition of these three new crosswalks located at un-signalized intersections creates a consistent and predictable crossing pattern, approximately 600 feet (or two blocks) between crossing opportunities. Crosswalks will be accompanied by rectangular rapid flashing beacon (RRFB) signalization devices to alert drivers to the presence of a pedestrian.
These proposed new crosswalks are activated by the crossing pedestrian, and do not have an impact to traffic operations.
Staff analyzed ten years of crash data to finalize the locations for new crosswalks (ATTACHMENT C) between the years 2005-2015. During that time, a total of 660
5.C.b
Packet Pg. 262 Attachment: Design approval for the Lincoln Neighborhood Corridor Plan Streetscape [Revision 1] (6287 : Award Bid No. SP2331 Construction 9 of 19
crashes involving pedestrians or cyclists have been recorded on Lincoln Boulevard, including 5 fatalities. T
All new crosswalks will also be enhanced with landscaped medians in order to provide pedestrian refuges for safe harbor after crossing one direction of traffic, and before taking on the next.
Four Conversions of Existing to Enhanced Crosswalks (Phase 1) Data has confirmed that past upgrades to Lincoln Boulevard’s existing crosswalks have reduced the prevalence of conflicts at many major intersections, but further potential improvements have been identified through the LiNC process. Improvements to crossing conditions at Olympic, Pearl, Hill and Ashland are proposed in the form of new landscaped medians that are integrated into the crosswalk. Identical to the approach for the new crosswalks, these enhancements would create refuge areas for crossing pedestrians, and in some instances, such as at Hill Street, would be accompanied by additional safety and lighting devices.
Landscaped Medians (Phases 1 and 2)
Overall, approximately 2000 linear feet of landscaped center medians would be provided along the Boulevard in select locations to green the Boulevard and to improve the flow and organization of traffic. A modicum of landscaping that is drought tolerant and adheres to Fire and Police criteria for visibility is recommended. Trees are not viable in the medians south of Pico Boulevard due to the presence of major utilities beneath the roadway, but medians north of Pico Boulevard could accommodate some trees.
Staff recommends phasing in the medians over time, focusing first on adding medians and refuges at crosswalk locations, then later filling in larger stretches of the Boulevard after a period of observation. Phase 1 implementation proposes the installation of roughly 700 linear feet of medians adjacent to new and enhanced crosswalks, which constitutes about 30% of the full median scheme outlined in the Streetscape plan. A subsequent phase of work would involve the build-out of the remaining 70% of medians, which would provide substantial traffic flow control in addition to the landscaping. Staff recommends that the City evaluate how the Phase 1 medians affect emergency access for at least a two-year period prior to wholesale implementation of corridor-wide medians.
5.C.b
Packet Pg. 263 Attachment: Design approval for the Lincoln Neighborhood Corridor Plan Streetscape [Revision 1] (6287 : Award Bid No. SP2331 Construction 10 of 19
Side Street Crosswalk Striping and ADA Compatible Curb Ramps (Phases 1 and 2) To improve Boulevard access for people of all mobility levels, and to provide a visible space in the right of way for non-motorized crossings, crosswalk enhancements are proposed at every un-signalized intersection and side-street within the project area. This includes continental crosswalk striping (i.e. zebra-striped pattern) from curb to curb in 20 locations, as well as rebuilt curb ramps for ADA compliance at 90 locations (52 are included in Phase 1).
5.C.b
Packet Pg. 264 Attachment: Design approval for the Lincoln Neighborhood Corridor Plan Streetscape [Revision 1] (6287 : Award Bid No. SP2331 Construction 11 of 19
5.C.b
Packet Pg. 265 Attachment: Design approval for the Lincoln Neighborhood Corridor Plan Streetscape [Revision 1] (6287 : Award Bid No. SP2331 Construction 12 of 19
Curb Extensions and Bulb-Outs (Phase 1)
To promote pedestrian activity, greening of the Boulevard and neighborhood unity, Phase 1 contemplates the construction of all 13 of the curb extensions identified in the full corridor plan. The street design includes the use of curb extensions and bulb-outs at select locations within the project area to enhance connectivity, landscaping and potential stormwater capture. Opportunities to locate public art have also been identified in several of these locations.
Bicycle Connection Improvements (Phase 1)
Improved bicycle connections are proposed at Pearl and Ashland, which serve as crossover routes for cyclists moving along the established bikeways of 7th Street (west of Lincoln) and 11th (east of Lincoln).
Pearl Connector
Signage and markings are a recommended addition on the west side of Lincoln to provide visibility for cyclists utilizing the existing bike network of ”sharrows” on Strand, Kensington and 7th Street to form a couplet where eastbound movements would use Kensington and additional “Keep Clear” markings across Lincoln would assist with crossing the Boulevard. A new bike box is proposed to be painted on the westbound approach.
Ashland Connector
Similar to the configuration at Pearl, a couplet is proposed which would use 7th Street, Raymond and Ashland. “Sharrows” are proposed on the west side of Lincoln on 7th Street northbound only and Raymond eastbound only. Signage would be added at the intersections of 7th and Ashland, 7th and Raymond, and then Lincoln/Strand to help formalize the couplet concept.
Additional Bicycle Improvements
The proposed striping for a commute-hour bus lane will provide a 12-foot space adjacent to the curb. During morning/evening commute hours, this space will function as a dedicated bus facility, and prominent signage will prohibit motorists and cyclists from traveling in this space during those hours. However, when not in operation as a bus lane, this space will provide 5 feet of additional roadway space between parked cars and the number 1 travel lane for cyclists. This will allow those who choose to ride on Lincoln more biking space, although not in a designated bicycle facility.
5.C.b
Packet Pg. 266 Attachment: Design approval for the Lincoln Neighborhood Corridor Plan Streetscape [Revision 1] (6287 : Award Bid No. SP2331 Construction 13 of 19
New Street Trees (Phases 1 and 2)
There is an opportunity to plant 48 new trees along the project area in sidewalk locations along the Boulevard, and in select medians north of Pico Boulevard. In accordance with the proposed Phase 1 improvements, 24 new trees are scheduled to be planted within the next year either in existing vacant tree wells, or in new parkway areas that are incorporated into the design. Staff worked extensively with the City’s Urban Forester and Urban Forest Task Force to identify four new tree species that will be used to complement the street’s existing tree inventory and help achieve the Urban Forest Master Plan’s objectives for species diversity. Going forward, as existing trees reach the end of their natural lives, they will be replaced with the four species shown in ATTACHMENT A.
Pedestrian Lighting (Phase 2)
The full LiNC streetscape proposes the installation of 117 pedestrian lights and 8 pedestrian safety light poles. Standing at 13-17 feet high, these top-shielded LED lighting poles would be spaced approximately 75 feet apart to supplement the existing auto-oriented light standards. The addition of pedestrian lights to the boulevard requires an upgrade of the electrical network to allow for LED multiple-series connections. The cost of the pedestrian lights and associated electrical work exceeds $3.5 million, which presents a financial barrier at this moment in time. Staff will seek funding for the lights, which may be addressed through an upcoming Metro Call for Projects, or the Highway Safety Improvement Program.
Stormwater Infiltration (Phase 2)
It is the intent of the Lincoln Neighborhood Corridor plan to apply appropriate storm water best management practices (BMP) as part of the effort to comply with any applicable provisions of the municipal separate storm sewer system (MS4) discharge permit. These BMPs include permeable surfaces, retention basins, and underground infiltration chambers. These would be implemented to the maximum extent practicable.
Because many of the stormwater features are located beneath the roadway, it is recommended that they be installed at the same time that the full corridor landscaped medians are implemented to take advantage of efficiencies in construction.
Subsequent Implementation Phases
5.C.b
Packet Pg. 267 Attachment: Design approval for the Lincoln Neighborhood Corridor Plan Streetscape [Revision 1] (6287 : Award Bid No. SP2331 Construction 14 of 19
The LiNC project also includes a substantive business improvement and beautification effort, which involves short-term common-sense strategies as well as longer-term management programs that engage the local business community in supporting a more functional, aesthetically pleasing pedestrian experience. Due to the level of effort required to get many of these programs and activities off the ground, staff is not ready to bring them all forward for approval at this time, but will continue to develop them over 2017 and 2018.
Property-Based Business Improvement District: One of the long-term goals of the LiNC is to assist in the formation of a formal or informal merchant association that supports Lincoln Boulevard businesses through group representation and advocacy. As part of the LiNC process, the project team has held extensive outreach with the Lincoln Boulevard business community and boulevard property owners. The next phase of work will involve growing interest among property owners and further refining district priorities. Subsequent phases may involve hiring a Business Improvement District professional to help define district boundaries and formally establish the district through Council action.
Incentive Programs: To motivate property owners to utilize the business improvement concepts and ideas developed through the LiNC project, the project team is working on two programs for future implementation. These programs were debuted at the November 24, 2015 City Council meeting, and received direction to move forward.
Lincoln Blvd. Business Improvement Fund: in coordination with the City’s Economic Development division, staff is working to create a pilot program that supports small façade-improvement projects on private property on Lincoln Boulevard with nominal matching funds, perhaps no higher than $500 per tenant space. Conceptually, Lincoln Boulevard businesses or property owners could apply for matching funds through an application that required 1) design details as required by standard permits, 2) enrollment in the City’s “Buy Local” program, and 3) matching dollars or sweat equity equal to or greater than the City’s maximum contribution. The results of the pilot program could be used as a case study to help encourage and inspire other property owners and businesses to undertake improvements with small budgets.
Fee Suspension for Staff Level Architectural Review Board (ARB) Applications: many code violations or complaints about the Boulevard’s aesthetic stem from outdated or non-conforming building features, such as signage, paint and exterior treatments, and landscaping. Many of these items require staff-level ARB approval, which carries a $350 fee that is an impediment to many Lincoln Boulevard businesses. In coordination with
5.C.b
Packet Pg. 268 Attachment: Design approval for the Lincoln Neighborhood Corridor Plan Streetscape [Revision 1] (6287 : Award Bid No. SP2331 Construction 15 of 19
the Planning Department, staff could draft a Council resolution that, if adopted, could suspend ARB fees for staff-level approvals for a limited time, perhaps up to one year. During that period, staff would actively work with local businesses, code enforcement and other entities to address improvements on a case-by-case basis, gradually enhancing the corridor.
Handbooks: A great deal of work has been performed to create a vision for Lincoln Boulevard that cohesively blends streetscape improvements with private-property upgrades and investment in new uses. To support private property owners and businesses in participating in this large scale transformation, staff is developing a series of handbooks that provide illustrative guidance for:
Adaptive Reuse: reuse of existing low-scale buildings to accommodate new or expanded uses without substantially altering the building envelope. Change of Use: new pedestrian oriented uses that occupy former autooriented spaces. New Construction: new infill projects that are compatible with the surrounding fabric and texture of Lincoln Boulevard.
The handbooks are envisioned to provide concise information about best practices for creating a better pedestrian experience at human scale. This work will employ a graphic designer and a team of City staff to reduce bureaucratic language and process explanations into a user-friendly guide that will be provided to all businesses and property owners on the corridor.
Environmental Analysis
The LINC project is categorically exempt from CEQA pursuant to Sections 15301, 15303, and 15304 of the CEQA Guidelines.
The project consists of alterations to existing Lincoln Boulevard and no expansion of roadway capacity is proposed. Therefore, the project falls into the Class 1 exemption. Section 15301 of CEQA Guidelines provides (Class 1) exemption for the operation, repair, maintenance, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Projects that fall into this class of exemption include alterations to existing streets, sidewalks, gutter, bicycle facilities, and other similar facilities and additions of safety or health protection during for use in conjunction with existing facilities. The proposed LINC would construct new small facilities and structures including landscaped medians, curb extensions, curb ramps, crosswalk striping, pavement striping, pedestrian lighting, bike racks, benches, and wayfinding markings on existing Lincoln Boulevard. Section 15303 of CEQA Guidelines provides (Class 3) exemption for the construction and location of limited numbers of new small
5.C.b
Packet Pg. 269 Attachment: Design approval for the Lincoln Neighborhood Corridor Plan Streetscape [Revision 1] (6287 : Award Bid No. SP2331 Construction 16 of 19
facilities or structures. Projects that fall into this class of exemption include street improvements of reasonable length. Therefore, the project falls into the Class 3 exemption.
The proposed LINC project would install new paving, pavement/crosswalk markings, and refreshed landscaping that would include new street trees, mulch, ground cover, or low water use plantings on Lincoln Boulevard. Section 15304 of CEQA Guidelines provides (Class 4) exemption for minor public or private alterations in the condition of land, water, and or vegetation which do not involve removal of healthy, mature, scenic trees. Therefore, the project falls into the Class 4 exemption.
In addition, none of the exceptions specified in Section 15300.2 of CEQA Guidelines would preclude the use of these CEQA exemptions - The project site is not located in a sensitive environment, the project will not have a significant effect on the environment due to unusual circumstances, the project would not damage scenic resources, the project would not be located on a hazardous waste site; and the project would not cause a change to a historical resource. Therefore, this project is categorically exempt per Sections 15301, 15303, and 15304 of the CEQA Guidelines.
Next Steps
Once Council approves the project, the design team will finalize the Streetscape Design and begin implementation of the project in accordance with the following timeline:
5.C.b
Packet Pg. 270 Attachment: Design approval for the Lincoln Neighborhood Corridor Plan Streetscape [Revision 1] (6287 : Award Bid No. SP2331 Construction 17 of 19
Spring/Summer 2017 – Dedicated Bus Lanes
Work on the Dedicated Bus Lane began in February of this year with formal outreach to the local business community. Pending reaffirmation of the bus lane and parking restrictions by City Council, staff believes a dedicated bus lane facility could be installed as early as summer 2017. Funding for this project has been made available through the CIP process.
April 2017- January 2018 – Construction Documents for Phase 1 Implementation Funding has been identified through the CIP process to fund construction documentation for Phase 1 implementation. This CIP funding will be presented to Council for approval as part of the FY 2017-18 Capital Improvement Program budget, and will be used to finance the creation of bidding documents that can be used to select a preferred contractor to build Phase 1 at a later date.
January 2018-May 2019 – Construction of Phase 1 Implementation
5.C.b
Packet Pg. 271 Attachment: Design approval for the Lincoln Neighborhood Corridor Plan Streetscape [Revision 1] (6287 : Award Bid No. SP2331 Construction 18 of 19
Funding has been identified for the cost of constructing Phase 1, which will roll out over a period of approximately 12 months, though the community will begin to see improvements much sooner than the May 2019 completion date. Public Works staff is assessing the possibility of an implementation sequence to address crosswalks in the short-term, with more construction heavy activities to follow.
Financial Impacts & Budget Options
The project cost has been separated into two phases, with the recommended Phase 1 implementation estimated at approximately $2.9 million, including construction documentation, permits, and construction, which will be presented to Council for approval as part of the FY 17/18 Capital Improvement Program budget. Staff has secured $100,000 in CIP funding to implement the commute-hour bus lane.
Prepared By: Peter James, Principal Planner
Approved Forwarded to Council
Attachments:
A. LiNC Streetscape Plan and Supporting Detail
B. Phase 1 Implementation Elements
C. Lincoln Boulevard Pedestrian and Bicycle Crash Data (10 Years) D. Streetscape Concerns Addressed
E. Other Streetscape Items for Future Consideration
F. Additional Outreach on Commute-Hour Dedicated Bus Lane G. June 10, 2014 Council Authorization of LiNC Contract
5.C.b
Packet Pg. 272 Attachment: Design approval for the Lincoln Neighborhood Corridor Plan Streetscape [Revision 1] (6287 : Award Bid No. SP2331 Construction 19 of 19
H. October 1, 2014 Planning Commission Staff Report: LiNC Introduction I. September 2, 2015 Planning Commission Staff Report: LiNC Concepts J. February 15, 2017 Planning Commission Staff Report: Preferred LiNC Streetscape and Transportation Concept
K. November 24, 2015 City Council Staff Report: LiNC Concepts L. Written Comments
M. PowerPoint
5.C.b
Packet Pg. 273 Attachment: Design approval for the Lincoln Neighborhood Corridor Plan Streetscape [Revision 1] (6287 : Award Bid No. SP2331 Construction 4/15/24, 5:04 PM santamonica.gov - Lincoln Boulevard Neighborhood Corridor Plan https://www.santamonica.gov/lincoln-boulevard-neighborhood-corridor-plan 1/3 Lincoln Boulevard Neighborhood
Corridor Plan
The Lincoln Neighborhood Corridor Plan (The "LiNC") was adopted in April 2017. It is a streetscape plan that provides a range of short- and long-term enhancements to the public right of way on Lincoln Boulevard between the I-10 Freeway and the City limits at Ozone Avenue. Utilizing a strategy that balances tactical urbanism and the desire for “Pop-Up Placemaking” (such as the recently installed Utility Box Artwork) the plan also includes a $5.5M investment in Lincoln with new medians and crosswalks, lighting and landscaping. Construction will begin in winter 2020.
The Plan also incorporates a layer of policy and program level recommendations for creating a more functional, aesthetically pleasing pedestrian experience that is supported and/or managed by the local business community and property owners. Work is currently underway to evaluate the possibility of establishing a Business Improvement District on Lincoln.
Why Now?
Interest in the reimagining of Lincoln Boulevard was stimulated by the relinquishment of the boulevard to the City of Santa Monica from Caltrans in 2012. The transfer of title to Santa Monica resulted in a street resurfacing project in 2013 that sought to improve operations and improve future transit efficiency by modifying right-of-way striping to accommodate potential dedicated bus lanes. Pedestrian connectivity was also addressed by cleaning up several crosswalk markings and providing appropriate signage. The resurfacing project improved the visual condition of Lincoln Boulevard, but left more substantive streetscape improvements, policy recommendations and other enhancements to the Lincoln Neighborhood Corridor Plan.
What is in the Works?
The Lincoln Neighborhood Corridor Plan process resulted in a concept design that weaves together phased physical design improvements to the streetscape and right-of-way with policy and program level recommendations for balancing vehicle flow and demand. A commute hour dedicated bus lane was implemented as part of this vision in fall 2017.
Envisioned to be a mixed-mode and livable street environment for pedestrians, transit and vehicles, the ability for bicycles to coexist with other modes on this busy boulevard has also been explored. As funding allows, portions of the Plan will be implemented incrementally to create a high quality streetscape and pedestrian environment that removes existing barriers, expands accessibility, increases pedestrian comfort, and improves public health among all nonmotorized travelers.
Goals and Objectives
Over the past 10 years, outreach and planning efforts have informed the goals for the Lincoln Neighborhood Corridor Plan. Starting with the development of the LUCE, the vision for Lincoln Boulevard’s future was developed by the thousands of people who participated in that process. More recent efforts from local interests groups such as the multineighborhood Lincoln Boulevard Taskforce, has brought more specificity to the scope and character of changes to be considered in this project. Through a variety of interactive exercises and facilitated discussions at public outreach events, the following goals and objectives have been framed to guide the development of the streetscape, transit and business improvement concepts.
Streetscape Goals
Reduce Barriers to Pedestrian Access and Comfort: reduce or eliminate conflicts between vehicles, bicycles and pedestrians. Increase the number of crossings to promote pedestrian and bicycle movements across the boulevard and into the neighborhoods. Improve sidewalks with amenities that would encourage more walking.
Improve Connections to Destinations: ameliorate congested and unsightly points of interchange, and improve wayfinding and legibility to key destinations like Santa Monica High School, the Beach and Downtown.
Improve and Diversify Landscaping and Tree Canopy: complement existing tree inventory with new trees that offer biodiversity and visual interest. Enhance parkway landscaping and optimize opportunities for stormwater infiltration and capture.
Transportation Network Goals
Maintain and Improve Vehicle Flow: maintain and improve vehicle flow for the 40,000-50,000 motorists who use Lincoln Blvd. as a primary north/south commuting corridor. Limit potential for cut-through traffic.
Enhance Transit Ridership and Efficiency: pursue strategies, including peak hour dedicated bus lanes, to increase Big Blue Bus ridership, as well as corridor travel times for transit users.
Business Improvement Goals
Enhance Land Use Offerings Serving Daily Needs: maintain and attract pedestrian-oriented uses such as restaurants, cafes, markets and neighborhood services. Support existing auto-oriented uses that provide valuable services to our community.
Support Façade Maintenance and Public Realm Improvements: provide guidance for the adaptive reuse and repurposing of aging buildings. Assist with public realm concepts that appeal to pedestrians and help improve curb appeal.
Help Create a Cohesive Business Community: assist in the formation of a formal or informal merchant association, and demonstrate benefit of coordinated marketing campaigns, events, advocacy groups, that support the Lincoln Boulevard businesses.
Workshops & Milestones
Tue Mar 26, 2019
City Council Approval of PBAD Management Plan
City Council conceptually approved the PBAD Draft Management Plan, and affirmed support to pay for the general benefits associated with the PBAD($7,000 to $11,000, annually).
Council Staff Report
Mon Jan 28, 2019
5.C.c
Packet Pg. 274 Attachment: Lincoln Boulevard Neighborhood Corridor Plan Webpage (6287 : Award Bid No. SP2331 Construction Contract for Lincoln Boulevard Street Improvements) 4/15/24, 5:04 PM santamonica.gov - Lincoln Boulevard Neighborhood Corridor Plan https://www.santamonica.gov/lincoln-boulevard-neighborhood-corridor-plan 2/3 Project Update Workshop
On January 28th 2019, the project team presented an update on the LiNC. The team outlined the construction plans and expected construction phasing. Additionally, the team presented an update on the ongoing business improvement district formation process.
1/28/19 Workshop Presentation
Tue Apr 25, 2017
City Council Approves Streetscape Plan
On April 25th, 2017 the LiNC streetscape was adopted by City Council. Work is now underway to create construction documents for implementation.
Adopted LiNC Streetscape
Wed Feb 15, 2017
Planning Commission Review of Final Streetscape Plan
On February 15, 2017 the Planning Commission recommended that the City Council approve the final streetscape plans for Lincoln Boulevard.
LiNC Planning Commission Staff Report 2.15.17
Tue Nov 24, 2015
City Council Review of the LiNC
The City Council reviewed the LiNC plan and directed staff to: a) pursue the longer median strategy, b) incorporate a peak hour dedicated bus lane into the right-of-way plan, and c) develop grant programs and fee waivers for small business improvements.
LiNC Staff Report City Council 11.24.15
LiNC Presentation City Council 11.24.15
Wed Sep 02, 2015
Planning Commission Review of the LiNC
The Planning Commission reviewed the preliminary materials for the LiNC plan and provided comments and direction to advance the project forward.
LiNC at Planning Commision 9.2.15
Thu Aug 06, 2015
Workshop #2 Narrows the Focus
At the second LiNC workshop approximately 80 people filled the John Muir/SMASH auditorium to review the evolution of concepts for streetscape, transportation network enhancements and business improvements. A lively discussion on tradeoffs centered around the length and location of center landscaped medians resulted in a community preference for longer, more abundant medians that may restrict certain turning movements on select low-volume streets.
LiNC Workshop II Presentation
LiNC Workshop II Boards
Adaptive Reuse Concept
Mon Feb 23, 2015
Workshop #1 a Success!
Over 75 people attended the February 23rd LiNC workshop at John Muir/SMASH. Residents and members of the business community reviewed over 30 streetscape, transportation and business improvement concepts to establish preferences for moving forward.
LiNC Concepts - Workshop #1
LiNC Workshop #1 Presentation
Your City Hall
Contact Us
Get Involved
Submit a Request
Careers
About Us
Site Feedback
Latest
Events
News
Legal
Disclaimer
Privacy Policy
Accessibility
Policy
Follow Us
5.C.c
Packet Pg. 275 Attachment: Lincoln Boulevard Neighborhood Corridor Plan Webpage (6287 : Award Bid No. SP2331 Construction Contract for Lincoln Boulevard Street Improvements) 4 /15/24, 5:04PMsantamonica.gov-LincolnBoulevardNeighborhoodCorridorPlan https://www.santamonica.gov/lincoln-boulevard-neighborhood-corridor-plan3/3 Enteryouremail tosignupfor
newsandupdatesfromthecity |
5.C.c
Packet Pg. 276 Attachment: Lincoln Boulevard Neighborhood Corridor Plan Webpage (6287 : Award Bid No. SP2331 Construction Contract for Lincoln Boulevard Street Improvements)
5.C.d
Packet Pg. 277 Attachment: Levine Act Disclosure Form - Belco (6287 : Award Bid No. SP2331 Construction Contract for Lincoln Boulevard Street
5.C.d
Packet Pg. 278 Attachment: Levine Act Disclosure Form - Belco (6287 : Award Bid No. SP2331 Construction Contract for Lincoln Boulevard Street
5.C.d
Packet Pg. 279 Attachment: Levine Act Disclosure Form - Belco (6287 : Award Bid No. SP2331 Construction Contract for Lincoln Boulevard Street
5.C.d
Packet Pg. 280 Attachment: Levine Act Disclosure Form - Belco (6287 : Award Bid No. SP2331 Construction Contract for Lincoln Boulevard Street
5.C.d
Packet Pg. 281 Attachment: Levine Act Disclosure Form - Belco (6287 : Award Bid No. SP2331 Construction Contract for Lincoln Boulevard Street
5.C.e
Packet Pg. 282 Attachment: Oaks Initiative Form - Belco (6287 : Award Bid No. SP2331 Construction Contract for Lincoln Boulevard Street Improvements) 1 David Yakobson
From: [email protected]
Sent: Tuesday, May 28, 2024 11:54 AM
To: councilmtgitems; Caroline Torosis; Christine Parra; Gleam Davis; Jesse Zwick; Lana Negrete; Oscar de la Torre; Phil Brock; Rick Valte
Subject: FOSP: City Council 5/28/24 item 5-C: Lincoln Blvd. lighting contract -- SUPPORT!
EXTERNAL
May 28, 2024
To: Mayor Brock and City Council members
From: Board of Directors, Friends of Sunset Park
RE: 5/28 agenda item 5-C -- contract for lighting on Lincoln Blvd. -- SUPPORT The FOSP Board supports Council approval of this contract for street and pedestrian lighting.
One of the things residents have always been concerned about is pedestrian safety on Lincoln Blvd., and improved lighting will help improve that.
We also look forward to the city identifying funding to complete the LiNC plan. https://www.santamonica.gov/lincoln-boulevard-neighborhood-corridor-plan Thank you for your consideration.
5-
C.
Award Construction Contract to Elecnor Belco Electric, Inc. for Lincoln Boulevard Neighborhood Corridor (LiNC) Street Improvements Project (Phase 1 - Street and Pedestrian Lighting) Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301, Section 15303, and Section 15311 of the California Environmental Quality Act (CEQA) Guidelines and Section 21080.25 of CEQA;
2. Award Bid #SP2331 to Elecnor Belco Electric Inc., for the construction of Lincoln Boulevard Neighborhood Corridor (LiNC) Street Improvements Project (Phase 1 - Street and Pedestrian Lighting) for the Public Works Department;
3. Authorize the City Manager to negotiate and execute a construction contract with Elecnor Belco Electric Inc, in an amount not to exceed $5,885,932 (including a $15% contingency); and
4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.
Item 5-C
May 28, 2024
Item 5-C
May 28, 2024
5.C.f
Packet Pg. 283 Attachment: Written Comments [Revision 1] (6287 : Award Bid No. SP2331 Construction Contract for Lincoln Boulevard Street Improvements) 1 David Yakobson
From: Roger Swanson <[email protected]>
Sent: Monday, May 27, 2024 11:09 AM
To: councilmtgitems; Caroline Torosis; Christine Parra; Gleam Davis; Jesse Zwick; Lana Negrete; Oscar de la Torre; Phil Brock
Subject: City Council 5/28/24 agenda item 5-C -- Contract for LiNC lighting -- SUPPORT
EXTERNAL
Dear Mayor Brock and City Council Members,
As Chair of the LBTF that supported the development of the LINC, I support the approval of the contract for street and pedestrian lighting.
The LBTF had a Steering Committee of local leaders of OPA, FOSP, and PNA and other concerned, involved residents. In addition, we had approximately 80 volunteers, who distributed flyers for our surveys, became involved in three clean-ups along Lincoln, and supported our collaborative work with various City Departments and Commissions.
We look forward to, and support, additional funding to fully realize the LINC as approved by City Council on April 25, 2017. Additional crosswalks for public safety are critical to making Lincoln a neighborhood serving boulevard.
Thank your your favorable consideration,
Roger Swanson
5-
C.
Award Construction Contract to Elecnor Belco Electric, Inc. for Lincoln Boulevard Neighborhood Corridor (LiNC) Street Improvements Project (Phase 1 - Street and Pedestrian
Lighting)
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption
pursuant to Section 15301, Section 15303, and
Section 15311 of the California Environmental
Quality Act (CEQA) Guidelines and Section
21080.25 of CEQA;
2. Award Bid #SP2331 to Elecnor Belco Electric
Inc., for the construction of Lincoln Boulevard
Neighborhood Corridor (LiNC) Street
Improvements Project (Phase 1 - Street and
Item 5-C
May 28, 2024
Item 5-C
May 28, 2024
5.C.f
Packet Pg. 284 Attachment: Written Comments [Revision 1] (6287 : Award Bid No. SP2331 Construction Contract for Lincoln Boulevard Street Improvements) 2 Pedestrian Lighting) for the Public
Works Department;
3. Authorize the City Manager to negotiate and
execute a construction contract with Elecnor
Belco Electric Inc, in an amount not to
exceed $5,885,932 (including a
$15% contingency); and
4. Authorize the Director of Public Works to issue
any necessary change orders to complete
additional work within contract authority.
Item 5-C
May 28, 2024
Item 5-C
May 28, 2024
5.C.f
Packet Pg. 285 Attachment: Written Comments [Revision 1] (6287 : Award Bid No. SP2331 Construction Contract for Lincoln Boulevard Street Improvements) 3 David Yakobson
From: [email protected]
Sent: Sunday, May 26, 2024 4:34 PM
To: councilmtgitems; Caroline Torosis; Christine Parra; Gleam Davis; Jesse Zwick; Lana Negrete; Oscar de la Torre; Phil Brock
Cc: [email protected]
Subject: City Council 5/28/24 agenda item 5-C -- Contract for LiNC lighting -- SUPPORT
EXTERNAL
5/26/24
To: Mayor Brock and City Council members
From: Zina Josephs
RE: 5/28/24 agenda item 5-C -- contract for lighting on Lincoln Blvd. -- SUPPORT
As a member of the original Lincoln Blvd Neighborhood Task Force, I support Council approval of this contract for street and pedestrian lighting.
One of the things residents have always been concerned about is pedestrian safety on Lincoln Blvd., and improved lighting will help improve that.
I also look forward to the city identifying funding to complete the LiNC plan. https://www.santamonica.gov/lincolnboulevard-neighborhood-corridor-plan
Thank you for your consideration.
Zina Josephs
5-
C.
Award Construction Contract to Elecnor Belco Electric, Inc. for Lincoln Boulevard Neighborhood Corridor (LiNC) Street Improvements Project (Phase 1 - Street and Pedestrian Lighting) Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301, Section 15303, and Section 15311 of the California Environmental Quality Act (CEQA) Guidelines and Section 21080.25 of CEQA;
2. Award Bid #SP2331 to Elecnor Belco Electric Inc., for the construction of Lincoln Boulevard Neighborhood Corridor (LiNC) Street Improvements Project (Phase 1 - Street and Pedestrian Lighting) for the Public Works Department;
3. Authorize the City Manager to negotiate and execute a construction contract with Elecnor Belco Electric Inc, in an amount not to exceed $5,885,932 (including a $15% contingency); and
4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.
Item 5-C
May 28, 2024
Item 5-C
May 28, 2024
5.C.f
Packet Pg. 286 Attachment: Written Comments [Revision 1] (6287 : Award Bid No. SP2331 Construction Contract for Lincoln Boulevard Street Improvements) City Council
Report
City Council Meeting: May 28, 2024
Agenda Item: 5.D
1 of 5
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Adoption of Resolution to Quitclaim and Vacate Public Right-of-Way on 1717 19th Street Parcel
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 and Section 15305 of the California Environmental Quality Act (CEQA) Guidelines;
2. Adopt the attached Resolution declaring that the City owned remnant parcel (“Turnaround Area”) is not needed for any public purpose and allowing for the Turnaround Area to be quitclaimed and vacated completely; and
3. Authorize the City Manager to approve and execute a quitclaim deed with the owners of 1717 19th Street for a City owned remnant parcel at 1717 19th Street which was previously acquired as a vehicular turnaround area during construction of the I-10 Freeway.
Summary
The current and former property owners of 1717 19th Street request that the City vacate and quitclaim a small piece of land otherwise known as a “remnant parcel” or “turnaround area”. The remnant parcel was deeded to the City by the State of California (State) over sixty years ago, during construction of the I-10 Freeway (Freeway). A number of north-south “dead-end” streets and alleys were created during the construction of the Freeway in the 1950s and 1960s, thus restricting thru access. As a result, the State acquired public right-of-way and privately owned land from certain parcels abutting the freeway to allow turnaround access for vehicles. The parcel at 1717 19th Street included plans for a vehicular turnaround
5.D
Packet Pg. 287
2 of 5
area, but it was never built. After construction of the Freeway was completed in 1966, the State relinquished acquired public right-of-way (ROW) and parcel land to the City, including the turnaround area at 1717 19th Street. Since the relinquishment, no street improvements on this land were completed and the turnaround area was never used by a public entity. Additionally, the former property owner demonstrated that it paid property taxes on the entire parcel during ownership. Staff recommends that City Council adopt the attached Resolution and authorize staff to vacate and quitclaim the remnant parcel to the owners at 1717 19th Street. The City has no current or prospective future use for this land and there are no utilities within the proposed turnaround area.
Discussion
During construction of the I-10 Freeway (Freeway), the original north-south access roads between 4th Street and Centinela Avenue resulted in “dead-end” streets and alleys. Subsequently, the State acquired land to establish turnaround areas for vehicles due to the closures of the aforementioned north-south thoroughfares.
Upon the completion of the Freeway construction, the State relinquished public right-of-way (ROW), including remnant parcels, to the City in December 1966 per State Highway Commission Resolution No. R866 (Attachment A). The State specifically acquired a remnant parcel of land located at 1717 19th Street through Deed No. 1543 (Attachment B). This land, shown in Figure 1, was likely intended to create a turnaround area adjacent to 19th Court.
5.D
Packet Pg. 288
3 of 5
Figure 1: Area proposed for vacation.
Council may, by Resolution with at least five affirmative votes, vacate and quitclaim any City-owned real property if the property is no longer needed for the purpose acquired or if the title to the land is no longer needed for any public purpose (Attachment C).
As part of its overall real estate housekeeping efforts, representatives from 1717 19th Street property surrounding the land in question prepared a legal description and plat map showing the deeded area as part of drawing No. 4828 to be vacated and quitclaimed (Attachment D).
City staff sent notices to public and private utilities (e.g., Southern California Edison) requesting information pertaining to current utilities within the proposed
5.D
Packet Pg. 289
4 of 5
deeded area to be vacated. Staff received one comment in the 30-day comment period provided in the notice. The comment did not indicate the presence of utilities within the deeded area. The City has no current or prospective future uses for the remnant parcel. Additionally, pursuant to section 503 of the 2022 California Fire Code, the City’s Fire Department has reviewed the deeded area and has found that the vacation and quitclaim of this remnant parcel would not violate the Code and existing fire access to the site.
Additionally, the vacation of the remnant land (turnaround area) qualifies for summary vacation under California Streets and Highways Code (SHC) section 8331 because the turnaround easement has not been used for vehicular travel for a period of five years, and no public money was expended on street maintenance during such period. The vacation of the turnaround area would follow the procedure set in SHC 8335-8336 to vacate the turnaround area and would also be recommended in the Resolution. A certified copy of the Resolution and quitclaim deed would then be filed with the Los Angeles County Recorder, and upon such recordation, the vacation and quitclaim of the remnant parcel would be complete.
Finally, the City is not formally required to make a declaration at a public meeting for land that is “exempt surplus land” pursuant to subparagraph (E) of Government Code section 54222(b)(4), which exempts, “[s]urplus land that is a former street, right of way, or easement, and is conveyed to an owner of an adjacent property.” Environmental Review
The vacation and quitclaim are exempt from CEQA pursuant to Section 15301 (Existing Facilities) and Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines. Section 15301 (Class 1 – Existing Facilities) exempts projects that consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Section 15301 (Class 5 – Minor Alterations in Land Use Limitations), exempts minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in
5.D
Packet Pg. 290
5 of 5
any changes in land use or density including but not limited to lot line adjustments and encroachment permits. The vacation would consist of the relinquishment of existing right-of-way. The vacation would not expand or physically change existing City streets or facilities. Therefore, the vacation is exempt pursuant to Section 15301 and Section 15305 of the CEQA Guidelines.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future.
Prepared By: Joshua Carvalho, Civil Engineer
Approved Forwarded to Council
Attachments:
A. Resolution No. R866 - State Relinquishment of ROW to City of Santa Monica B. Deed No 1543 - Grant Deed to State (portions of 1717 19th St) C. Resolution of Vacation and Quitclaim
D. Legal Description Plat - Drawing No. 4828 (1717 19th St Vacation and Quitclaim)
5.D
Packet Pg. 291
5.D.a
Packet Pg. 292 Attachment: Resolution No. R866 - State Relinquishment of ROW to City of Santa Monica (6327 : Adopt Resolution to Quitclaim and Vacate a Portion of
5.D.a
Packet Pg. 293 Attachment: Resolution No. R866 - State Relinquishment of ROW to City of Santa Monica (6327 : Adopt Resolution to Quitclaim and Vacate a Portion of
5.D.a
Packet Pg. 294 Attachment: Resolution No. R866 - State Relinquishment of ROW to City of Santa Monica (6327 : Adopt Resolution to Quitclaim and Vacate a Portion of
5.D.b
Packet Pg. 295 Attachment: Deed No 1543 - Grant Deed to State (portions of 1717 19th St) (6327 : Adopt Resolution to Quitclaim and Vacate a Portion of 1717 19th Street)
5.D.b
Packet Pg. 296 Attachment: Deed No 1543 - Grant Deed to State (portions of 1717 19th St) (6327 : Adopt Resolution to Quitclaim and Vacate a Portion of 1717 19th Street)
5.D.b
Packet Pg. 297 Attachment: Deed No 1543 - Grant Deed to State (portions of 1717 19th St) (6327 : Adopt Resolution to Quitclaim and Vacate a Portion of 1717 19th Street)
5.D.b
Packet Pg. 298 Attachment: Deed No 1543 - Grant Deed to State (portions of 1717 19th St) (6327 : Adopt Resolution to Quitclaim and Vacate a Portion of 1717 19th Street) 51917578.2
710873-00932 1
City Council Meeting May 28, 2024 Santa Monica, California
RESOLUTION NUMBER (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA, SUMMARILY VACATING AND TRANSFERRING FEE INTEREST IN A REMNANT PARCEL (“TURNAROUND AREA”) LOCATED AT
1717 19TH STREET, SANTA MONICA, CA 90404 (APN 4275-028-014) WHEREAS, Hillel Kellerman as Trustee of The Kellerman Family Trust under that certain Trust Agreement dated November 17, 1980, as amended, has requested that the City (i) vacate a portion of land (approximately 592 square feet) previously deeded for public right-of-way purposes located at 1717 19th Street as indicated in the maps attached to this Resolution as Drawing No. 4828 (“Turnaround Area”) per Exhibit A & B, and (ii) transfer the City’s fee interest in the real property on which the Turnaround Area is located to HPS Santa Monica Properties, LLC, a California limited liability company ( “Grantee”), the current owner of the 1717 19th Street property; and WHEREAS, the State of California (“State”) acquired a fee interest in the Turnaround Area pursuant to Grant Deed (Individual) recorded August 6, 1962 in Book D1710, Page 488, Official Records of Los Angeles County (“Official Records”), and then transferred said interest to the City pursuant to Relinquishment of Highway Right-of-Way in the City of Santa Monica, Road 07-LA-10, 1-2.1.4.3, 34.6-34.9 Request No. 430, recorded in the Official Records on December 22, 1966, as document no. 2585; and WHEREAS, since the Kellerman family first acquired the 1717 19th Street property in 1962 and continuing to date, real property taxes on all of APN 4275-028-014 (including the Turnaround Area) have been paid by the property owner or its tenants, and the Los
5.D.c
Packet Pg. 299 Attachment: Resolution of Vacation and Quitclaim [Revision 3] (6327 : Adopt Resolution to Quitclaim and Vacate a Portion of 1717 19th Street) 51917578.2
710873-00932 2
Angeles County Tax Assessor’s records do not reflect the City’s separate fee ownership of the Turnaround Area; and
WHEREAS, the Turnaround Area was likely used by the State as a vehicular turnaround area during the construction of the 10 freeway, and is characterized as a paper street because it exists on maps recorded with Los Angeles County but does not exist in the physical, built environment; and
WHEREAS, the City has no current or prospective future use for the Turnaround Area and, therefore, staff recommends that the Turnaround Area be summarily vacated; and
WHEREAS, the proposed summary vacation is made in accordance with Chapter 4, Division 9 of the California Streets and Highways Code; and WHEREAS, the staff further recommends that the City’s fee interest in the real property on which the Turnaround Area is located be transferred to Grantee, by execution and recordation of a Quitclaim Deed in the form attached as Exhibit C to this Resolution (the “Quitclaim Deed”); and
WHEREAS, the City is not formally required to make a declaration at a public meeting for land that is “exempt surplus land” pursuant to subparagraph (E) of Government Code section 54222(b)(4), which exempts, “surplus land that is a former street, right of way, or easement, and is conveyed to an owner of an adjacent property” and
5.D.c
Packet Pg. 300 Attachment: Resolution of Vacation and Quitclaim [Revision 3] (6327 : Adopt Resolution to Quitclaim and Vacate a Portion of 1717 19th Street) 51917578.2
710873-00932 3
WHEREAS, from and after the date this Resolution is recorded in the Official Records, the Turnaround Area vacated will no longer constitute a street, highway, or public service easement; and
WHEREAS, from and after concurrent recordation of the Quitclaim Deed in the Official Records, the City’s fee interest in the real property on which the Turnaround Area has been located will vest in Grantee; and
WHEREAS, all entities having any right, title, or interest in the Turnaround Area being vacated, and the City’s fee interest in the real property on which the Turnaround Area is located being transferred to Grantee, have been notified of this action.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby finds and determines that the recitals of this Resolution, and maps referenced therein, are true and correct and are hereby incorporated into this Resolution as though fully set forth herein.
SECTION 2. The City Council hereby finds and declares that the Turnaround Area constitutes excess right-of-way and is not required for street or highway purposes, and hereby orders the summary vacation of the Turnaround Area.
SECTION 3. The City Council finds and declares that the City’s fee interest in the real property on which the Turnaround Area is located shall be transferred to the Grantee.
SECTION 4. The City Clerk shall cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the Los Angeles County Recorder.
5.D.c
Packet Pg. 301 Attachment: Resolution of Vacation and Quitclaim [Revision 3] (6327 : Adopt Resolution to Quitclaim and Vacate a Portion of 1717 19th Street) 51917578.2
710873-00932 4
SECTION 5. The City Clerk shall cause a Quitclaim Deed in the form attached to this Resolution to be executed on behalf of the City, notarized and recorded in the Official Records.
5.D.c
Packet Pg. 302 Attachment: Resolution of Vacation and Quitclaim [Revision 3] (6327 : Adopt Resolution to Quitclaim and Vacate a Portion of 1717 19th Street) 51917578.2
710873-00932 5
SECTION 6. 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.D.c
Packet Pg. 303 Attachment: Resolution of Vacation and Quitclaim [Revision 3] (6327 : Adopt Resolution to Quitclaim and Vacate a Portion of 1717 19th Street) 51917578.2
710873-00932 6
Exhibit A & B
Legal and Plat Map of Vacation Area per DWG No. 4828
5.D.c
Packet Pg. 304 Attachment: Resolution of Vacation and Quitclaim [Revision 3] (6327 : Adopt Resolution to Quitclaim and Vacate a Portion of 1717 19th Street) 51917578.2
710873-00932 7
EXHIBIT C
FORM OF QUITCLAIM DEED
Recording requested by
and when recorded return to
and mail tax statements to:
HPS SANTA MONICA PROPERTIES, LLC
_________________________
_________________________
_________________________
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE
QUITCLAIM DEED
[City to supply any necessary language regarding DTT exemption] The CITY OF SANTA MONICA (“Grantor”), hereby GRANTS to HPS SANTA MONICA PROPERTIES, LLC, a California limited liability company (“Grantee”), all of that certain real property in the City of Santa Monica, County of Los Angeles, State of California, described in Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference (the “Property”).
This conveyance is made in accordance with City Resolution No. ____ recorded concurrently herewith.
IN WITNESS WHEREOF, the undersigned hereby execute this instrument as of the ____ day of __________________, 2024
GRANTOR:
CITY OF SANTA MONICA
By: ___________________________
Name: ________________________
Title: ________________________
5.D.c
Packet Pg. 305 Attachment: Resolution of Vacation and Quitclaim [Revision 3] (6327 : Adopt Resolution to Quitclaim and Vacate a Portion of 1717 19th Street) 51917578.2
710873-00932 8
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of _____________________ )
On ____________________, before me, ____________________________, Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
5.D.c
Packet Pg. 306 Attachment: Resolution of Vacation and Quitclaim [Revision 3] (6327 : Adopt Resolution to Quitclaim and Vacate a Portion of 1717 19th Street) 51917578.2
710873-009329
5.D.c
Packet Pg. 307 Attachment: Resolution of Vacation and Quitclaim [Revision 3] (6327 : Adopt Resolution to Quitclaim and Vacate a Portion of 1717 19th Street) 51917578.2
710873-00932 10
EXHIBIT A-2
DEPICTION OF PROPERTY
5.D.c
Packet Pg. 308 Attachment: Resolution of Vacation and Quitclaim [Revision 3] (6327 : Adopt Resolution to Quitclaim and Vacate a Portion of 1717 19th Street)
EXHIBIT A
c
★
Na 6379
JEFFERY L. MAYS LS. NO. 6379
Santa Monica City LEGAL DESCRIPTION OF VACATION ON: 19TH COURT o f @ Department of Public Works SUBMITTED BY: DRAWING NO.
DATE:12/6/2023. 1685 Main St, Mail Stop 15, Santa Monica, CA 90401 4828 tel: (310) 458-8721 fax: (310) 393-4425 email: [email protected] ALEX NAZARCHUK, PE - CITY ENGINEER 1 OF 2 TB Updated on 10/15/20 by Public Works Department
(LEGAL DESCRIPTION OF A VAdCATIOssN OF PORTIONS OF LOTS 8 AND 10 OF BLOCK 18 OF THE ERKENBRECHER SYNDICATE SANTA MONICA TRACT) THE SOUTH, HAVING A RADIUS OF 20.00 FEET; THENCE, ALONG SAID CURVE,
31.42 FEET, THROUGH A CENTRAL ANGLE OF 90°00‘00"; THENCE, SOUTH 45O54'26' WEST 10.00 FEET; THENCE, NORTH 44°05'34" WEST 12.00 FEET; THENCE, NORTH 45°54'26" EAST 10.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 20.00 FEET; THENCE, ALONG SAID CURVE,
BEGINNING AT THE NORTHWESTERLY END OF THAT CERTAIN LINE HAVING A BEARING OF S44°05'34"E AND A DISTANCE OF 14.00 FEET, SAID POINT BEING THE
BEGINNING OF A CURVE TANGENT TO SAID LAST MENTIONED LINE, CONCAVE TO SAID PORTION ALSO BEING A PORTION OF PARCEL 13 IN BOOK 4, PAGE 90 OF
HIGHWAY MAPS, IN THE OFFICE OF THE COUNTY RECORDER DESCRIBED ABOVE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART HEREON.
31.42 FEET, THROUGH A CENTRAL ANGLE OF 90°00'00" TO THE SOUTHWESTERLY
END OF THAT CERTAIN LINE ON SAID HIGHWAY MAP WITH A BEARING OF S45°54'26"W ANDA DISTANCE OF 20.00 FEET; THENCE, SOUTH 44°05'34" EAST
52.00 FEET TO THE POINT OF BEGINNING.
THESE EXHIBITS HAVE BEEN PREPARED BY ME, OR UNDER MY DIRECT
SUPERVISION, AND HAVE BEEN COMPILED FROM RECORD DATA SHOWN ON BOOK 4, PAGE 90 OF HIGHWAY MAPS.
THOSE CERTAIN PORTIONS OF LOTS 8 AND 10 OF BLOCK 18, IN THE CITY OF
SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER THE ERKENBRECHER SYNDICATE SANTA MONICA TRACT, RECORDED IN BOOK 6, PAGES 26-27, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE ABOVE-DESCRIBED PARCEL OF LAND CONTAINS AN AREA OF 592 SQUARE FEET, MORE OR LESS.
oWLLANp.
170
MOHAMMAD DAKWAR
(LEGAL DESCRIPTION OF A QUITCLAIM AND A VACATION OF PORTIONS OF LOTS 8 AND 10 OF BLOCK 18 OF THE ERKENBRECHER SYNDICATE SANTA MONICA TRACT) 04/26/2024 LEGAL DESCRIPTION OF QUITCLAIM AND VACATION ON:
19TH COURT
5.D.d
Packet Pg. 309 Attachment: Legal Description Plat - Drawing No. 4828 (1717 19th St Vacation and Quitclaim) (6327 : Adopt Resolution to Quitclaim and Vacate
EXHIBIT B
LEGEND AND ABBREVIATIONS:
A 9
Q
0 J O As
&
lx
C1/
© 6 3
X
©
D
©
P
oP L2
LAND L3
L4
L5
★
No. 6379 30’ 15’ 0’ 30’
CURVE TABLE
CURVE ARC LENGTH RADIUS
C1 31.42’ 20.00’ SCALE: 1” 30’
PLAT MAP SHOWING VACATION ON: 19TH COURT City o f Santa Monica Department of Public Works SUBMITTED BY: DRAWING NO.
DATE:12/6/2023. 1685 Main St, Mail Stop 15, Santa Monica, CA 90401 4828 tel: (310) 458-8721 fax: (310) 393-4425 email: [email protected] ALEX NAZARCHUK, PE - CITY ENGINEER 2 OF 2 TB Updated on 10/15/20 by Public Works Department
CENTER LINE
MAP BOOK
DELTA ANGLE
90*00’00”
LENGTH
14.00’
10.00’
12.00’
10.00’
52.00’
LINE
L1
C
M.B.
VACATION AREA
= 592 SQUARE FEET
LINE TABLE
BEARING
S44*05’34”E
S45*54’26”W
N44*05'34”W
N45*54’26”E
S44'05’34”E
«O
6 “0
<
(PLAT OF A VACATION OF PORTIONS OF LOTS 8 AND 10 OF
BLOCK 18 OF THE ERKENBRECHER SYNDICATE SANTA MONICA TRACT) o- 6
2O.
<
2% / ‘e /
*5,32, O00, ‘O2
P
cP
66 < 1
z <0.%% 6 448
(
MOHAMMAD DAKWAR
(PLAT OF A QUITCLAIM AND A VACATION OF PORTIONS OF LOTS 8 AND 10 OF BLOCK 18 OF THE ERKENBRECHER SYNDICATE SANTA MONICA TRACT)04/26/2024 LEGAL DESCRIPTION OF QUITCLAIM AND VACATION ON:
19TH COURT
5.D.d
Packet Pg. 310 Attachment: Legal Description Plat - Drawing No. 4828 (1717 19th St Vacation and Quitclaim) (6327 : Adopt Resolution to Quitclaim and Vacate City Council
Report
City Council Meeting: May 28, 2024
Agenda Item: 5.E
1 of 6
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Approval of License Agreement with Santa Monica Amusement for 370 Santa Monica Pier
Recommended Action
Staff recommends that City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a License Agreement with Santa Monica Amusement for 370 Santa Monica Pier per the Pier Leasing Guidelines.
Summary
Santa Monica Amusements (SMA) currently operates Pacific Park on behalf of the City’s tenant EPR Parks, LLC (EPR). Due to the limited number of commercial opportunities on the Pier, operators are discouraged from having multiple pier leases or licenses per the Pier Leasing Guidelines unless a finding of exceptional community benefit is made. Staff finds that the proposal from SMA fulfills the exceptional community benefit provisions.
Staff recommends award of a 3-year license to SMA to operate a multi-attraction space consisting of rope courses, a climbing tower, an outdoor Pier history exhibit space, and an ancillary refreshment/souvenir stand. SMA’s working names are "Santa Monica Aerial Adventures" and "Santa Monica Pier History Museum." The license fee to be paid to the City will be a minimum of $300,000 per year plus percentage rent participation.
5.E
Packet Pg. 311
2 of 6
Discussion
The site, 370 Santa Monica Pier, is an approximately 10,000 square foot undeveloped area located between Pacific Park and Playland Arcade. The owners of the business currently operating from the site, Trapeze School New York (TSNY), notified the City of their intention to retire. The license for TSNY expired in April 2017 and TSNY has been effectively operating on a month-to-month basis.
The Council-approved Pier Leasing Guidelines (Guidelines) state that when leases and licenses expire or are terminated, opportunities must be made available to the public in an open and competitive process. The City engaged a real estate broker to advertise the opportunity and solicit proposals for a short-term use; a description of the recruitment and selection is provided below. The short duration of the term is owed to the upcoming Pier Bridge replacement project. The site has been identified for future development and the completion of the bridge project provides an opportunity for the City to work with stakeholders to reimagine uses on the Pier, including this site.
Following the recruitment and evaluation process, SMA’s proposal was recommended by the evaluation panel (Attachment A.). Under the Guidelines, license agreements of 36 months or less can be approved administratively by the City Manager following a competitive procurement process. Council’s authorization is being requested by staff because SMA currently operates Pacific Park on behalf of the City’s tenant EPR and the Guidelines discourage the award of multiple leases/licenses to an existing pier tenant or operator, unless a finding of exceptional community benefit is made.
Section 6. General Leasing Standards, subsection IV. states:
In order to promote merchant diversity on the Pier the award of multiple leaseholds and/or licenses to an individual tenant, licensee or operator is discouraged but may be allowed subject to conditions provided under Section 7.5.
Section 7.5. Modifications Based on Findings of Exceptional Community Benefit states:
Diversity of ownership in Section 6. IV…may be modified if all four of the following findings can be made and documented:
5.E
Packet Pg. 312
3 of 6
I. The proposed project will provide an exceptional opportunity to fulfill a goal or objective of the Pier Guiding Principles and will enhance the unique character and the viability of the Pier.
II. The proposed project will require substantial capital investment and provide an exceptional return opportunity to the City.
III. The proposed project will enhance the mix of uses on the Pier while still being consistent with the Pier’s unique character.
IV. The proposed project will provide a significant enhancement to the visitor experience at the Pier.
Based upon Staff’s review and analysis, Staff finds that the proposal from SMA meets the exceptional community benefit requirements as follows:
• SMA’s inclusion of the Santa Monica History Museum into the project fulfills an objective of the Guidelines to preserve and promote the history of the Pier and enhance the Pier’s unique character.
• SMA is proposing a substantial capital investment estimated at $1,250,000 including $500,000 to build and program the Pier history museum and exhibits.
SMA’s financial offer provides an exceptional return opportunity that will contribute significantly to support the fiscal self-sufficiency of the Pier. The City’s minimum request for base rent was $120,000/year, subject to 4% annual escalation. SMA is offering base rent of $300,000/year, subject to 4% annual escalation. In addition, SMA is proposing percentage rent of 10% above $750,000 in sales. Staff projects the financial benefit to the City for the 3-year term to be $1.3 million.
• SMA expects to serve more than 70,000 guests in its first year of operation and create approximately 45 new hires.
• SMA’s multi-use proposal will enhance and complement the current mix of uses on the Pier by providing new experiential and educational activities. The climbing
5.E
Packet Pg. 313
4 of 6
concepts and Pier history museum are unique and not duplicative of uses already on the pier.
• SMA’s climbing concepts provide an opportunity for a wide range of Pier visitors to enjoy new physical activities on the pier, as there will be options for different age groups and experience levels.
Recruitment and Selection Process:
A summary of the recruitment and selection process is as follows:
• The City engaged real estate broker Craig Zund of Corporate Realty Group to publicly market this opportunity. Mr. Zund was on the City’s pre-approved list of qualified brokers, obtained from a Request for Qualifications issued by the City in 2023. These brokers were invited to submit proposals for leasing the site and Mr. Zund was selected by the City’s Economic Development Team based on his proposal and relevant experience. The broker received approximately 40 inquiries and 12 applications.
• The evaluation panel consisted of representatives from the Pier Corporation, Downtown Santa Monica Inc., and the City’s Economic Development Division.
The panel reviewed and ranked the applications based on uniform criteria and requested the broker seek additional/clarifying information from five candidates that passed the initial review.
• Two of the five candidates responded to the broker’s request for information. The other three either did not respond or responded with inadequate information. • The Pier Corporation’s representative recused himself from the evaluation panel due to a potential conflict.
• The evaluation panel conducted interviews with the two remaining candidates, SMA and Santa Monica Trapeze School. Santa Monica Trapeze School currently manages the Trapeze School operations on behalf of TSNY, the owner and current licensee.
• The candidates were asked if they could improve their financial offer to the City.
The minimum request for base rent was $120,000 per year. Santa Monica Trapeze School proposed $83,065 per year (which fell short of the City’s minimum request) and revenue projections showed percentage rent would be
5.E
Packet Pg. 314
5 of 6
unlikely. SMA proposed $300,000/year and modified its percentage rent threshold from $1M to $750K. SMA’s revenue projections showed percentage rent to be expected.
• The evaluation panel unanimously recommended the SMA proposal for the award of a 3-year license agreement for 370 Santa Monica Pier. The evaluation panel considered the SMA proposal the strongest in terms of experience, investment, use, financial return to the city and benefit to pier visitors. • Pier Corporation’s leasing committee recommended the selection of SMA’s proposal on March 4, 2024, and the Pier Corporation Board recommended the selection at its March 18, 2024, meeting.
Transition between Uses
To support the continued activation of the site during the summer months while the transition takes place, TSNY, the City’s current licensee, may continue to operate the existing Trapeze School under a short-term management agreement with Santa Monica Trapeze School (the entity currently managing the site operations on behalf of TSNY).
Concurrently, the Santa Monica Trapeze School will proceed through the approval process, execute a short-term license with the City, and procure the required permits to operate the site as the City’s short term licensee. The City’s Economic Development Division has also been providing assistance to the Trapeze School to help identify other potential relocation sites within the City.
Commission Action
At the Pier Corporation board meeting on March 18, 2024, the Board supported the proposed recommendation and requested the City’s Economic Development division assist the Trapeze School to relocate its operations elsewhere in Santa Monica.
Environmental Analysis
The licensing agreement is exempt from California Environmental Quality Act (CEQ) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines. Section 15301 provides exemption for the operation, repair, maintenance, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or
5.E
Packet Pg. 315
6 of 6
topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. This approval involves a license agreement with a negligible change which would replace a trapeze with new climbing structures and pier history exhibit area. Therefore, the approval is therefore categorially exempt from CEQA.
Financial Impacts and Budget Action
The recommended action is estimated to result in an increase of $300,000 annually in rent to the Pier Fund. If approved, the revenue adjustments will be included in the FY 2024-25 Budget that will be proposed for adoption in June.
Prepared By: Elana Buegoff, Pier Administrator
Approved Forwarded to Council
Attachments:
A. SMA 370 SMP Proposal
B. Pier Leasing Guidelines
C. Levine Form
D. Oaks. SMA. 5.10.24
E. Oaks. EPR.5.8.2024
F. Written Comments
G. PowerPoint Presentation
5.E
Packet Pg. 316
Landlord: City of Santa Monica
Premises: 370 Santa Monica Pier, Santa Monica CA 90401
Square Footage: Approximately 10,000 rentable square feet.
Licensee: Santa Monica Amusements (SMA) operates Pacific Park, the amusement park on the Santa Monica Pier. In addition to the rides, Pacific Park includes the midway games, retail shops, and the pier’s food court. SMA’s leadership team works from offices located on the Santa Monica Pier and represents over 200+ years of experience in the amusements, attractions, and entertainment sectors.
Since first opening the family-focused amusement park in 1996, SMA has committed to actively participating in the Santa Monica community through partnerships and programs with many non-profit and civic engagement groups. SMA is largest youth employer in Santa Monica.
Outside of Santa Monica, SMA has been a leader in the tour and travel trade providing advocacy to travel industry
organizations and building programs to support underserved communities and youth programs. SMA’s executive team
also plays an active role in local and state advocacy and community organizations currently filling 9 board and
committee positions.
Term: SMA is proposing, in line with the City’s request, a three (3) year term for the Licensing Agreement. It would be the
preference of SMA for the License to continue month to
month after the Term until the City determines its future use.
Option to Renew: No renewal options are available after a maximum initial Term of three (3) years).
Base Rental Rate: SMA recognizes the City is only seeking $10,000/month, or $120,000/year, however, SMA is committed to advancing the pier fund which benefits all pier users by offering
$25,000/month base rent. In addition, SMA is proposing an additional percentage rent of 10% of every dollar earned in the space above $1M. No carve outs are being requested for
5.E.a
Packet Pg. 317 Attachment: SMA 370 SMP Proposal (6335 : 370 Santa Monica Pier License) this additional rent. We project that the total financial benefit to the city to be in excess of $1.5M before preparations begin for the Olympics.
Use: SMA seeks to create a multi-use space to maximize
utilization for the widest possible range of Pier guests and community stakeholders. The proposed footprint includes 3 attractions and an outdoor exhibit space for a standing educational and cultural experience focused on Santa
Monica Pier’s history and cultural impact. This hybrid
operation of the 10,000 sq ft of boardwalk frontage will allow more representation of community stakeholders and
enjoyment of the space by a greater number of pier guests.
This concept would continue to provide an opportunity for Pier users to enjoy physical activities on the pier, but with more options for different age groups and experience levels.
The three attractions would include:
Rope Course - a 3,200 sq ft obstacle course engineered for guests aged 10 years and older. The course is being sourced by RCI Adventure Products, a leader in outdoor skills gyms and zip lines. Guests can choose from rope bridges and zip lines to navigate their way through this challenging
experience
Jr. Ropes Course - for guests under the age of 10, a shorter course will be erected next to the larger apparatus that is engineered for guests of all ages and skill levels
Climbing tower - in addition to the ropes courses, a 30 ft tall climbing tower will accommodate up to 4 participants at once who will be challenged with 3 different skill levels of climbing the tower.
Incorporated adjacent to the ropes and climbing courses will be an open space for guests to sit, watch participants on the attractions, and learn a little bit about the Santa Monica Pier.
This partially shaded outdoor exhibit space will provide opportunity to display photos, information, and artifacts from the Santa Monica Pier’s 114-year history. Inspired by the Santa Monica Pier History Museum pop-up curated by the
Santa Monica Pier Corporation (SMPC) for Pier 360, this year-round exhibit space will be cleaned and maintained by
5.E.a
Packet Pg. 318 Attachment: SMA 370 SMP Proposal (6335 : 370 Santa Monica Pier License) SMA staff. Expanded possibilities include utilizing the exhibit space for seasonally thematic installations such as Dia de los Muertos, PRIDE, and Black History Month.
Licensee’s Minimum
Qualifications:
Over the 28 years of operation on the Pier, SMA has
exhibited a proven track record for safety, regularly
undergoing state inspections from CalOSHA. SMA’s staff are required to complete safety and training exercises on a weekly basis with senior staff members participating in enhanced safety programs and seminars every year.
SMA has been a close partner to both the City, pier tenants, and SMPC during times of prosperity, but also challenging times such as the recent Covid-19 related closures. SMA leadership has played an integral role in the pier community by way of the Santa Monica Pier Lessees Association
(SMPLA) and has exhibited a commitment to providing equal access, representation, and opportunity to all pier businesses no matter how large or small.
SMA meets and exceeds expectations for staffing meeting all state provided regulations on scheduling, compensation, and training for employees.
Licensee Improvements: Despite the limited 3-year term, SMA is prepared to invest an estimated $1,250,000 into the activation to execute this hybrid-use concept. This investment includes the purchase and installation of the ropes courses, design, seating, shade, infrastructure, and the build out of the exhibition space.
Commencement: Upon the following to be completed: (1) fully executed license between Landlord and Licensee, (2) Approval of required City of Santa Monica Entities (3) Licensee’s payment of required rent and security deposit as specified in the License, (4)
5.E.a
Packet Pg. 319 Attachment: SMA 370 SMP Proposal (6335 : 370 Santa Monica Pier License) Licensee obtaining necessary operating permits and
insurance, (5) Santa Monica Business License.
Delivery of the Premises: The Premises shall be delivered in broom clean in as is condition. Licensee shall be responsible for inspecting and ensuring the feasibility of the Premises for Licensee’s proposed Use.
Parking: All parking will be arranged by SMA at nearby municipal parking lots / structures.
Signage and Graphics: 370 Santa Monica Pier would be branded and operated separate of Pacific Park. SMA is exploring the name “Santa Monica Aerial Adventures” for this new experience with a separate sign and entry for the “Santa Monica Pier History Museum” exhibit area. However, these names and branding elements are working concepts and SMA invites feedback
and input from SMPC and other pier stakeholders. As part of the capital investment, appropriate supporting signage would be developed and installed to support the locations.
Security Deposit: One (1) month’s rent subject to Landlord review of Licensee’s financial information.
5.E.a
Packet Pg. 320 Attachment: SMA 370 SMP Proposal (6335 : 370 Santa Monica Pier License) Additional Terms &
Conditions:
NA
5.E.a
Packet Pg. 321 Attachment: SMA 370 SMP Proposal (6335 : 370 Santa Monica Pier License)
5.E.a
Packet Pg. 322 Attachment: SMA 370 SMP Proposal (6335 : 370 Santa Monica Pier License)
5.E.a
Packet Pg. 323 Attachment: SMA 370 SMP Proposal (6335 : 370 Santa Monica Pier License)
5.E.a
Packet Pg. 324 Attachment: SMA 370 SMP Proposal (6335 : 370 Santa Monica Pier License)
5.E.a
Packet Pg. 325 Attachment: SMA 370 SMP Proposal (6335 : 370 Santa Monica Pier License)
5.E.a
Packet Pg. 326 Attachment: SMA 370 SMP Proposal (6335 : 370 Santa Monica Pier License)
5.E.a
Packet Pg. 327 Attachment: SMA 370 SMP Proposal (6335 : 370 Santa Monica Pier License)
5.E.a
Packet Pg. 328 Attachment: SMA 370 SMP Proposal (6335 : 370 Santa Monica Pier License)
5.E.a
Packet Pg. 329 Attachment: SMA 370 SMP Proposal (6335 : 370 Santa Monica Pier License)
5.E.a
Packet Pg. 330 Attachment: SMA 370 SMP Proposal (6335 : 370 Santa Monica Pier License)
5.E.a
Packet Pg. 331 Attachment: SMA 370 SMP Proposal (6335 : 370 Santa Monica Pier License)
5.E.a
Packet Pg. 332 Attachment: SMA 370 SMP Proposal (6335 : 370 Santa Monica Pier License)
5.E.a
Packet Pg. 333 Attachment: SMA 370 SMP Proposal (6335 : 370 Santa Monica Pier License)
5.E.a
Packet Pg. 334 Attachment: SMA 370 SMP Proposal (6335 : 370 Santa Monica Pier License) Approved by the SMPC: May 15, 2017
Approved by City Council: June 13, 2017
SANTA MONICA PIER LEASING GUIDELINES
These Santa Monica Pier Leasing Guidelines (“Guidelines”) provide the framework for fair and consistent leasing and licensing of City‐owned property on the Santa Monica Pier. The Guidelines provide parameters and general policy on mix of uses, standards and terms, and tenant recruitment and selection. They reflect the general intent and goals of the City of Santa Monica (“City”) at the time they were approved and do not convey any right upon anyone, or impose any obligation on the City. The City may from time‐to‐time change these Guidelines or depart from these Guidelines without liability to anyone.
1. INTRODUCTION
1.1. Background
The Santa Monica Pier began in 1909 with the construction of the Municipal Pier – the straight portion that begins at the base of the bridge from Ocean Avenue and continues for more than 1,500 feet over the beach and Santa Monica Bay. Santa Monica Pier’s ability to attract large crowds impressed Charles Looff, an amusement park pioneer who had built Coney Island’s first carousel in New York. In 1916, after negotiations with the City of Santa Monica, Looff constructed his “Pleasure Pier” alongside the Municipal Pier (now known as the Newcomb Pier). The Pleasure Pier featured the landmark Looff Hippodrome building, which now is listed on the National Register of Historic Places and houses an operating vintage wooden merry‐go‐round.
Today, the Santa Monica Pier (“Pier”) is known as one of the region’s premier recreational and entertainment destinations, attracting over six million visitors annually.
The Pier offers spectacular ocean vistas, year round events and attractions, and is home to a changing collection of restaurants, shops, activities and experiences.
1.2. Unique Character of Pier and Pier Environment
The Santa Monica Pier has been an icon for both the local community and Southern California for over a century. Over this time it has provided a broad variety of entertainment and experiences that directly relate to its beach and ocean setting. These activities and services are predominately specific to the Pier’s on‐going “microculture”, history and surrounding community rather than a replication of things at other piers and places. The maintenance of the Pier’s own “personality” is a core value of the Santa Monica community and central to the recruitment and selection of tenants and licensees.
5.E.b
Packet Pg. 335 Attachment: Pier Leasing Guidelines (6335 : 370 Santa Monica Pier License) 2 | P a g e
2. LEASING GOALS AND OBJECTIVES
The Pier is a valuable historic resource of the City to be developed, used and preserved as a public resource for the enjoyment by the general public. The commercial leasing and licensing program on the Pier is to be managed for the benefit of the general public and in a manner consistent with the following goals and objectives:
I. Promote and maintain the compatible uses of City‐owned property available for lease and license located on the Pier in a manner supporting an attractive, safe and accessible environment for visitors and the residential community; II. Provide for a diversity of business, entertainment, event, educational, and cultural activities as well as active and passive recreational opportunities on the Pier; III. Promote quality and value of goods, food and services provided by the commercial operators on the Pier;
IV. Establish pricing of leasehold and license occupancies that reflects fair market value to help support the fiscal self‐sufficiency of the Pier; V. Assure access to and use of City‐owned properties by the general public through a leasing and licensing program that promotes the orderly and equitable management of tenancies and licenses;
VI. Preserve and promote the unique, eclectic and community recreational character of the Pier;
VII. Preserve and build on the historic elements and character of the Pier while ensuring its relevance and vitality to current and future generations; VIII. Achieve fiscal, social and environmental sustainability; IX. Enhance access and encourage both local and distant visitors to visit and enjoy the Pier;
X. Harmonize with the surrounding beach and downtown community; XI. Take an incremental but continuous approach to change to advance commercial, cultural and civic opportunities on the pier; and XII. Seek a mix of uses and tenants that will contribute to the animation of the Pier.
5.E.b
Packet Pg. 336 Attachment: Pier Leasing Guidelines (6335 : 370 Santa Monica Pier License) 3 | P a g e
3. MANAGEMENT STRUCTURE
Leasing and licensing on the Pier is the responsibility of the City of Santa Monica through its Office of Pier Management (“OPM”) in coordination with the City’s Economic Development Division. OPM also oversees Pier maintenance and operations. Pier events, filming and marketing are managed by the Non‐Profit Santa Monica Pier Corporation (“SMPC”) in accordance with Event and Marketing Guidelines developed by the SMPC and subject to Council approval.
4. VISION FOR THE PIER AND GUIDING PRINCIPLES
4.1. Vision Statement
A Santa Monica Pier that provides an historic platform and a legacy of colorful visitor experiences to showcase contemporary events; a community asset that attracts, welcomes and entertains local, regional, national and international visitors of all incomes, abilities and interests; a landmark that offers an enticing and changing array of site‐appropriate active and passive experiences and attractions.
4.2. Pier Guiding Principles
I. The Pier will be a signature attraction of the City of Santa Monica, known and recognized world‐wide and enjoying a broad base of local community support.
II. The Pier will be an easily accessible and visually prominent destination within the City.
III. The Pier will provide enticing year‐round experiences and attractionsfor visitors.
IV. The Pier will attract and engage visitors of all ages and incomes.
V. The historic fabric and character, as well as the environmental sustainability and structural integrity of the Pier will be documented, celebrated, maintained and improved.
VI. Pier programming will include both traditional and cutting edge entertainment, cultural, athletic and educational experiences.
VII. Promotions, sponsorships and private and public revenue‐producing events, will largely off‐set the cost of popular and free public programming.
5.E.b
Packet Pg. 337 Attachment: Pier Leasing Guidelines (6335 : 370 Santa Monica Pier License) 4 | P a g e
5. SUB AREAS AND USES
5.1. Areas
The Pier is approximately 9 acres in size and consists of two adjoining piers:
I. Municipal Pier. The Municipal Pier is the primary walkway of the Pier. It is approximately 2.5 acres in size and 1,500 feet in length. This public strolling corridor provides the main access to restaurants, shops, amusement (e.g. carousel, Pacific Park) and recreation (fishing, walking, viewing) areas, vending carts and performers.
II. Newcomb Pier. Located south of and adjacent to the Municipal Pier, the Newcomb Pier (also known as the Pleasure Pier) is approximately 6.6 acres, of which 2.2 acres is currently used for public parking and special event space.
Most merchants, facilities, and events are on the Newcomb Pier while vending carts, kiosks and fishing activities are primarily on the Municipal Pier.
5.2. Commercial and Public Areas
The Pier presently has approximately 130,000 square feet of leasable commercial space comprised of buildings, kiosks, carts and deck area. The current Pier tenant mix is approximately 70 percent amusement, 25 percent dining, four percent educational and one percent retail.
Public facilities and service areas on the Pier include the Carousel building which houses City and SMPC offices; a Harbor Guards station; a Police Sub‐Station; a Pier Maintenance workshop; and a second floor public observation deck. In addition there are central and west end public restroom facilities, a central trash & recycling shed, and a 270 space public parking lot.
The “Santa Monica Pier Development Program” approved by Council on February 9, 1988, supported a development program that consisted of approximately 150,000 square feet of commercial area. A new planning effort under development by the City with the assistance of the SMPC, will explore access enhancements, potential expansion of existing activities, and new commercial and civic opportunities. This enhancement effort, and future efforts, may alter the overall mix of activities and uses on the Pier over time to reflect the needs of the Pier and public and changing market conditions.
5.E.b
Packet Pg. 338 Attachment: Pier Leasing Guidelines (6335 : 370 Santa Monica Pier License) 5 | P a g e
6. GENERAL LEASING STANDARDS
Leases and licenses shall be consistent with the Pier Leasing Goals and Objectives.
I. The Santa Monica Pier is public property; therefore all leases and licenses will be subject to an open and competitive public process.
II. Lease renewals will not be automatically offered to tenants. As vacancies arise either by lease expiration or earlier termination, recruitment for occupancy will be conducted in accordance with the Leasing Guidelines.
III. Preferred Uses include, but are not limited to, a range of entertainment and commercial products and services that will appeal to and serve both the residential community and area visitors. The City may change uses as leases expire in order to attract a tenant mix consistent with the Guideline’s goals and objectives.
IV. In order to promote merchant diversity on the Pier the award of multiple leaseholds and/or licenses to an individual tenant, licensee or operator is discouraged but may be allowed subject to conditions provided under Section
7.5. V. All prospective tenants must provide evidence of economic viability and appropriateness to the Pier of their proposed uses and business plan, as well as their capacity and ability to develop and maintain their operation.
VI. Tenants and licensees will be expected to provide quality, visitor‐ supporting services or activities throughout the term of their lease or license, including sustained high levels of maintenance and cleanliness. Leases and Licenses will contain performance standards to ensure on‐going quality and service. Failure to maintain performance standards will be considered a material breech and subject the lease or license to termination.
VII. Tenants and licensees are expected to be active members of the Pier community, participating in its operational life and working together with the City and other tenants to enhance the Pier visitor experience.
VIII. Assignment or subletting of leases is prohibited without the written consent of the Landlord. Landlord’s consent will be subject to express standards and conditions set forth in the lease. Assignment or subletting of licenses is prohibited without exception.
IX. Operation and improvements to lease and license areas are subject to the City’s standard regulatory review and approval process.
5.E.b
Packet Pg. 339 Attachment: Pier Leasing Guidelines (6335 : 370 Santa Monica Pier License) 6 | P a g e
7. MINIMUM/BASIC LEASE TERMS AND CONDITIONS
7.1. Diversity & Permitted Uses
The City will seek operators who offer creative, imaginative and unique merchandise, food options and activities that are thematically compatible with the Pier yet not overly duplicative of the products and services already offered on the Pier.
In order to maintain an appropriate tenant mix consisting of distinct and diverse merchandise, food and servicesthe City will endeavor to limit the number of merchants who carry the same or similar types of offerings. A ‘Permitted Use’ clause shall be included in every lease and license to describe the type of business that will be operated within the leased premises or license area. The Permitted Use description should clearly describe the type of business the tenant or licensee intends to operate and the merchandise, food or service the tenant intends to offer for sale.
The purpose of the Permitted Use clause is to regulate the duplication of merchandise or services; however, it does not grant any tenant or licensee an exclusive right to sell any item or service. Exclusivity rights shall not be granted to any merchant on the Pier.
7.2. Term
Rental lease terms for commercial space on the Pier shall be negotiated based on the level of capital investment, use, size of the space (leases for larger footprints are normally for longer terms) and complementary character of the operation with the Pier Leasing Goals and Objectives. These factors also will be balanced against the City’s policy of ensuring that public sites periodically do become available for a public competitive process.
To maintain the vitality of the Pier the City needs to insure its ability to address the mix of uses and activities on the Pier over time. Therefore, it needs to have a variety of lease and license timeframes and not have the majority of licenses or leases with very long terms or the majority of leases ending simultaneously‐‐ thus limiting the City’s ability to deal with evolutionary changes in Pier visitor needs.
7.2.1. Recommended Terms for Leases and Licenses
I. Portable Vending Carts
The recommended term for vending cart licenses is from 6 months to 1 year.
These licenses should be subject regularly to a public process to accommodate uses that meet contemporary Pier needs and to allow frequent opportunitiesfor businesses interested in operating on the Pier.
5.E.b
Packet Pg. 340 Attachment: Pier Leasing Guidelines (6335 : 370 Santa Monica Pier License) 7 | P a g e
II. Fixed Location Kiosks
The recommended term for fixed location kiosk licenses and concessions is from 3 years to 5 years.
III. Deck Space Rental
The recommended term for the commercial license of deck space is from 1 day to 2 years, depending upon use and circumstances.
IV. Viewers and Transmitters
The recommended term for license and concession of cameras, antennas, and coin‐operated telescopes and binoculars range is from 1 to 5 years depending on use and circumstances.
V. Retail Shops, Restaurants, Amusements and Aquarium
The recommended terms of leases for retail shops, restaurant, attractions and the aquarium range from 5 years to 25 years ‐‐ inclusive of any option periods.
Generally, terms of five years will be granted if there is no substantial new capital investment in structures, structural improvements or equipment. If a tenant is required to make substantial new capital investment in structures, structural improvements or equipment then terms of ten years to twenty‐five years may be considered. Additional options to extend the term provided under Section 7.5, may be offered contingent upon the amortization and financial requirements of new investment and findings of benefit to the City.
VI. Leaseholds Subject to Development Agreements
Terms of leaseholds that are subject to a Development Agreement will be negotiated with the City of Santa Monica. A Development Agreement is a negotiated contract with the City that includes a developer’s contribution of significant community benefits and requires review by the Planning Commission and the Landmarks Commission, and final approval by the City Council.
7.3. Rates
Rents, fees and charges on the Pier are expected to reflect fair market value.
Adjustments can be made to provide for diverse uses consistent with the Pier Leasing Goals and Objectives or significant offsetting capital investment that provides the Pier permanent benefits also consistent with the Goals and Objectives.
In addition to a base rent, the City may elect to require that a lease include a percentage
5.E.b
Packet Pg. 341 Attachment: Pier Leasing Guidelines (6335 : 370 Santa Monica Pier License) 8 | P a g e
rent provision, which can be differentiated by categories of sales. The City, as Landlord, shall have the right to audit tenant's financial records to ascertain that the gross sales figures reported by the tenant are accurate.
Leaseholds with preferred uses for research and public educational purposes (e.g. Santa Monica Pier Aquarium) may be maintained at other than fair market rental rates. The City will seek to reasonably minimize its costs associated with these activities by participating in ancillary gross receipts from commercial activities at educational facilities.
7.4. Hours of Operation
The Santa Monica Pier is a public venue open 365 days per year 24 hours per day. Pier merchants will be encouraged to remain open for business with adjustments related to the time of year and type of business. Minimum business hours when all businesses are expected to be in operation, unless otherwise specified, shall be daily between the hours of 11 am and 9 pm. Tenants will not be required to operate on Christmas Day and Thanksgiving.
7.5. Modifications Based on Findings of Exceptional Community Benefit Diversity of ownership in Section 6. IV and the length of term in Subsection 7.2.1. V may be modified if all four of the following findings can be made and documented:
I. The proposed project will provide an exceptional opportunity to fulfill a goal or objective of the Pier Guiding Principles and will enhance the unique character and the viability of the Pier.
II. The proposed project will require substantial capital investment and provide an exceptional return opportunity to the City.
III. The proposed project will enhance the mix of uses on the Pier while still being consistent with the Pier’s unique character.
IV. The proposed project will provide a significant enhancement to the visitor experience at the Pier.
7.6. Triple Net Lease
Unless otherwise specified, Tenant shall pay all property taxes and assessments (including Possessory Interest Tax), insurance, utilities and Common Area Maintenance Fees‐‐as defined below‐‐as well as any duly‐enacted future assessment or fee that the City may elect to institute.
5.E.b
Packet Pg. 342 Attachment: Pier Leasing Guidelines (6335 : 370 Santa Monica Pier License) 9 | P a g e
7.7. Common Area Maintenance Fees
As a condition of occupancy of a Pier building, Leasehold tenants shall pay a proportionate share of the City’s Common Area Maintenance (“CAM”) cost to manage, maintain and provide security to Santa Monica Pier. On January 1, 2000, the applied Common Area Maintenance cost was modified to provide for a fixed CAM payment with biennial increases of not less than three percent (3%) and no greater than six percent (6%) per annum. Currently the CAM fee is $7.65 per square foot per year.
7.8. General Operational and Performance Standards
Tenants must maintain high quality and uniform standards of operation and service to sustain and increase demand for their business, maintain positive customer experience, and enhance the overall reputation of the Santa Monica Pier. In order to achieve the highest standards of operations the following standards may be incorporated into each lease and license:
I. Tenants are expected to staff and operate their businesses in a first‐class and reputable manner, commensurate with transacting a high volume of business on the Pier.
II. Periodically, Landlord or Tenant may engage a third party “mystery shopper” to visit and evaluate Pier businesses. Tenant will provide an action plan for improvement if so requested by the Landlord.
III. Tenants shall respond to Landlord’s written inquiries regarding any complaints or issues, including postings on social media sitesrelated to Tenant’s operations. Tenant will provide an action plan for improvement if so requested by the Landlord.
IV. Food operations that receive a designation from the Los Angeles County Department of Health of less than an “A” more than three times during the term of the lease or license, except to the extent that any such rating is restored to an “A” within 30 days of receiving the lower grade, will be in default and breach of the lease/license.
Landlord recognizes that third party action may require additional time to reinstate “A” rating and may request tenant to provide an action plan for improvement.
V. Any Lease extension option will be conditioned upon Tenant’s economic performance. For example, Tenants with a percentage rent clause should have reached rent levels requiring percentage rent payments to City for at least two of the four rental years immediately prior to the expiration of the lease.
VI. Landlord may establish an annual review process to be performed by Office of Pier Management Staff to evaluate key criteria utilizing a standardized rating scale.
VII. Each Lease or License may have additional operational and performance
5.E.b
Packet Pg. 343 Attachment: Pier Leasing Guidelines (6335 : 370 Santa Monica Pier License) 10 | P a g e
standards applicable to the particular Tenant’s operation.
7.9. Maintenance and Environmental Responsibilities
Lessees and Licensees shall be responsible for maintaining their facilities in attractive and safe condition, in compliance with applicable building codes and all applicable environmental laws, ordinances, regulations and standards. This includes all areas under their lease, the facades and exterior presentations, and appurtenance’s of their facility or operation.
8. CITY POLICY PROVISIONS
8.1. Labor Peace
The City owns the Pier and has a financial or proprietary interest in Pier businesses engaged in visitor‐serving commercial activities. Some of these businesses are in industries that have a history of labor/management conflict. Risk of interruption of rental revenue and common area maintenance fees received by the City from Pier businesses would be minimized if such businesses were assured of labor peace. An appropriate labor peace provision would minimize the City’s exposure to revenue interruption and disruption of public recreational enjoyment of the Pier.
Therefore, new or substantially amended agreements for leasehold operation shall provide that the tenant will not engage in practices that impede employees’ ability to organize and contract with a labor organization for the purpose of collective bargaining. Such prohibited practices include harassment, intimidation, “captive audience” anti‐ union meetings or illegal terminations of workers in retaliation for organizing. A substantial amendment is defined as a change of use of the property, an increase in seating or square footage of more than 25%, or an extension of lease duration. Tenant engagement in prohibited practices shall constitute an event of default under the terms of lease. Affected leases would be those businesses having five or more full or part‐time employees that engage in restaurant or visitor‐serving entertainment activities such as arcades, amusement parks and nightclubs.
8.2. Sustainability
The City of Santa Monica is committed to meeting its existing needs without compromising the ability of future generations to meet their own needs. Therefore in order to conserve and enhance local resources, safeguard human health and the environment, maintain a healthy and diverse economy, and improve the livability and quality of life for all community members in Santa Monica, each new or
5.E.b
Packet Pg. 344 Attachment: Pier Leasing Guidelines (6335 : 370 Santa Monica Pier License) 11 | P a g e
substantially amended agreement for leasehold operation shall include provisions that require sustainable practices including:
A. Carbon Foot Print Reduction. Tenant shall use best efforts to help meet City‐wide carbon footprint reduction goals by minimizing unnecessary use of electricity and water, minimizing or eliminating use of hazardous or toxic materials, and minimizing single‐ occupancy vehicle trips by facilitating employee use of alternative transportation modes such as carpools, buses, vanpools, and bicycles. A list of green business best practices is available at: www.sustainableworks.org
B. Healthy Food/Sustainable Food Provision. Tenant shall exercise best efforts to procure and promote healthy and sustainable food practices on the Premises.
Approachesinclude utilizing locally and sustainably grown, organic foods from California; offering meatless menu options and food that has been minimally processed; and reducing food packaging waste. Tenant is expected to participate in recycling and composting programs offered by the City. Information on the City’s Sustainable Food Commitment is available at: www.sustainablesm.org/food.
C. Non‐Recyclable Food Service Container Ban. Tenant shall comply with the City of Santa Monica Ordinance (S.M.C.C. 5.44) banning non‐recyclable plastic disposable food service containers. Information on the Non‐Recyclable Food Service Container Ban is available at: www.sustainablesm.org/container.
D. Single Use Carryout Bag Ban. Tenant shall comply with the City of Santa Monica Ordinance (S.M.C.C. 5.45) banning the use of single‐use plastic carry‐out bags.
Information on the Single‐Use Carryout Bag Ban is available at: www.sustainablesm.org/bag.
A. Forest Stewardship Council Approved Products. Tenant is expected to follow the recommendations of the Forest Stewardship Council recommended products list in procurement of supplies.
8.3. Landlord’s Licensing Program
The Landlord and The Santa Monica Pier Corporation may engage in sponsorship programs applicable to all tenants on the Santa Monica Pier. Tenant shall agree to participate in and be subject to such sponsorship program(s) so long as the terms of sponsor products, goods and/or services are at least as favorable to Tenant as the terms of agreements applicable to the same products, goods and/or services supplied to Tenant for use on the Premises at the time of Landlord’s or Pier Corporation’s request for Tenant participation‐‐provided that such sponsorship program does not violate any contractual agreements entered into by Tenant.
5.E.b
Packet Pg. 345 Attachment: Pier Leasing Guidelines (6335 : 370 Santa Monica Pier License) 12 | P a g e
9. DESIGN GUIDELINES
The Santa Monica Pier 1987 Design Guidelines remain the primary reference regarding structures on the Pier, encouraging a balanced respect for the historic architectural elements and unique character of Pier with the intent to advance the range of activities and services to enhance the visitor experience and success of Pier operations and businesses. All public and private structural modifications and other improvements proposed on the Pier will be subject to review for consistency with the Design Guidelines, without exception.
The City’s Economic Development Division in its proprietary capacity as Landlord must review and approve in writing all proposed modifications before any regulatory action, including submission of applications to Planning or Building and Safety. The regulatory permit and entitlement process involves the City as regulator, not as Landlord. These are entirely separate roles and approval of one does not mean approval by the other.
10. TENANCY RELATIONSHIPS
All City‐owned buildings and deck areas on Santa Monica Pier appropriate and suitable for leasing or licensing by the City to individual tenancies or licensees will be in accordance with agreements prepared by the City. Each tenant or licensee will be responsible for interior maintenance and repair and utility consumption at its sole expense, and the City generally will retain responsibility for maintenance and repair of roofs and exterior of City buildings, and of the Pier deck and substructure unless otherwise specified in the lease or license. Structures constructed by tenants are subject to interior and exterior maintenance and repair by the tenant at its sole expense. The City shall have a right to inspect all tenant improvements, including fixed assets that will revert to the City at the end of the lease term, for the purpose of determining maintenance and repair needs. If necessary, Tenant is responsible for making repairs to, or replacing, such fixed assets at its sole expense.
11. TENANT RECRUITMENT
All City‐owned buildings and deck areas on Santa Monica Pier appropriate and suitable for leasing or licensing will be subject to a public procurement and solicitation process to identify prospective tenants and licensees whose financial and professional experience, and products and/or services are consistent with the Leasing Goals and Objectives set forth herein.
Prospective tenants will be sought by publicly noticing the availability of a leasing opportunity on the City’s web site and through other appropriate forms of communication designed to reach the intended audience. This may include printed and electronic advertisements in appropriate trade journals or newspapers; display
5.E.b
Packet Pg. 346 Attachment: Pier Leasing Guidelines (6335 : 370 Santa Monica Pier License) 13 | P a g e
banners on the property; and other forms of outreach to potential operators. In addition, the City may retain a qualified commercial real estate brokerage firm or listing agent to market the leasing opportunity, identify prospective tenants, and cooperate with other realtors.
All prospective tenants must submit a Lease or License Application to the City.
Information contained in the Lease or License Application shall describe the proposed use for the available space; provide information about the respondents’ experience; provide references; describe in detail the financial capability of the respondent to perform; and set forth preliminary terms and conditions.
12. EVALUATIVE CRITERIA AND SELECTION
Leasing opportunities at the Pier are very limited. Therefore, each lease is vital in order to maintain a vibrant mix of uses and sustainable Pier business environment.
This requires an extensive outreach effort and a thorough review and selection process.
The Pier Manager will appoint an evaluation panel to review all applications submitted to the City. The panel will include representativesfrom the Office of Pier Management; the Economic Development Division; the Pier Corporation; and other City staff and other organizations and consultants as appropriate.
The panel will review and evaluate applications based on uniform criteria that may include but are not limited to the following: (i) character, reputation, training, and experience of the prospective tenant or licensee; (ii) ability, capacity, and skill of the prospective tenant or licensee to perform; (iii) quality and price of the services or goods to be provided; (iv) uniqueness and compatibility of proposed product or service with the Santa Monica Pier, (v) financial capability; and (vi) length of tenure in an Exemplary Manner (see below) on the Pier.
The selection process will include additional bonus points for existing Pier tenants and licensees who are deemed to have operated in an Exemplary Manner. The term “Exemplary Manner” will mean and refer to those Pier tenant or licensees who meet all of the following criteria: Merchants that throughout the term of their lease or license have:
(i) provided consumers with relevant and quality merchandise, food and activities,
(ii) demonstrated a track record of good customer service, (iii) regularly updated and invested in their operation and premises; (iv) demonstrated increasing sales volume over time;
5.E.b
Packet Pg. 347 Attachment: Pier Leasing Guidelines (6335 : 370 Santa Monica Pier License) 14 | P a g e
(v) have been productive and active members of the Pier Community; and (vi) complied with all lease or license provisions, as well as all applicable local, state and federal laws and regulations.
Proposers may be asked by the panel to participate in an oral interview in order to clarify or elaborate on their proposal and to demonstrate samples of products or services. The panel also may request verification of credit history and may contact references.
The evaluation panel will provide to the Pier Manager its analysis and recommendation of a preferred respondent or respondents, inclusive of appropriate bonus points. The panel’s recommendation also may be to reject all responses, solicit additional information from one or more respondents, or to enter into exclusive lease or license negotiations with a preferred respondent.
13. LEASE APPROVALS & DELEGATION OF AUTHORITY
The City Manager has the authority to negotiate and execute leases and licenses with terms of three years or less for uses in accordance with this Leasing Guideline, and on the basis of written agreements prepared and approved as to form by the City Attorney.
Leases and licenses with terms of occupancy greater than three years and lessthan twenty‐five years,shall require a recommendation of the Pier Corporation Board to the City Manager to enter into a lease or license with the preferred respondent subject to specific terms and conditions; enter into exclusive negotiations with a preferred respondent; reject the recommendation; or direct that additional information be solicited prior to making a determination. In negotiating leases, staff will refer to any suggestions or recommendations of the board.
Negotiation of leases and licenses with terms of occupancy greater than twenty‐ five years shall require authorization by Council following a recommendation from the Pier Corporation Board.
The City Attorney will prepare and approve as to form all lease and license agreements for review and execution by the prospective tenant or licensee. The executed lease or license agreement will be submitted to the City Manager If determined to be in accordance with the Leasing Guidelines, Pier Corporation Board recommendation, and Council authorization if required, the City Manager will execute the agreement.
5.E.b
Packet Pg. 348 Attachment: Pier Leasing Guidelines (6335 : 370 Santa Monica Pier License) 15 | P a g e
14. PROTEST/APPEAL PROCESS
Applicants not selected as the preferred respondent by the evaluation panel will be informed by letter or email. Protestant may file a written protest with the City’s Economic Development Manager no more than seven (7) calendar days following the notification. The written protest must set forth, in detail, all grounds for the protest, including without limitation all facts, supporting documentation, legal authorities and arguments in support of the grounds for the protest. All factual contentions must be supported by competent, admissible and credible evidence.
Any matters not set forth in the written protest shall be deemed waived. Any protest not conforming to this procedure shall be rejected as invalid. The protest must include the name, address, and telephone number of the person representing the protesting party.
The Economic Development Manager shall review the merits and timeliness of the protest and issue a written decision to the Protestant within ten (10) calendar days of receipt of the protest.
The decision of the Economic Development Manager may be appealed to the City’s Housing and Economic Development Director by filing a letter appeal within ten (10) calendar days of the date of the Economic Development Manager’s decision. The letter of appeal shall set forth, in detail, all grounds for the appeal, including without limitation all facts, supporting documentation, legal authorities and arguments in support of the grounds for the appeal. All factual contentions must be supported by competent, admissible and credible evidence. Any matters not set forth in the letter of appeal shall be deemed waived. Any letter of appeal not conforming to this procedure shall be rejected as invalid.
The City’s Housing and Economic Development Director shall review the merits and timeliness of the letter of appeal and issue a written decision to the Protestant within seven (7) calendar days of receipt of the letter of appeal. The decision of the Director is final.
Attachment A. Santa Monica Pier Lease and License Inventory
5.E.b
Packet Pg. 349 Attachment: Pier Leasing Guidelines (6335 : 370 Santa Monica Pier License) 16 | P a g e
ATTACHMENT A.
SANTA MONICA PIER LEASE AND LICENSE INVENTORY (Updated Dec. 2013) As of the date of adoption of these Guidelines, the buildings and areas on the Santa Monica Pier available for lease or license consists of (but are not be limited to) the following:
Address Current User/Use Square
Footage
Current Term
Expiration
1600 Oceanfront Walk Santa Monica Pier Aquarium/Marine research and educational facility.
4,533 sf. June 2018
200‐A Santa Monica Pier Pier Shop/Retail shop offering souvenir items and booksfeaturing local history and themes.
260 sf. April 2014
200‐B Santa Monica Pier Soda Jerks/‘Old Fashion’ Soda Fountain. 400 sf. July 2025 250 Santa Monica Pier Ristorante Al Mare/Full Service Restaurant with alcohol and ancillary entertainment.
6,069 sf. +1,033
patios
December 2038
256 Santa Monica Pier Rusty’s Surf Ranch/Fullservice restaurant with alcoholservice, and with evening music and
entertainment.
3,035 sf. +
1,073 sf. patios
September 2029
258 Santa Monica Pier The Albright (SM Pier Seafood)/Fullservice restaurant with alcoholservice.
2,557 sf. +
1,392 sf. patio
June 2020
301 Santa Monica Pier Bubba Gump Shrimp Co./Fullservice restaurant with alcoholservice.
8,955 sf. May 2027
310 Santa Monica Pier Blazing Saddles/Bicycle rentals, with ancillary sales of bicycle‐related merchandise.
1,292 sf. Oct 2003
month‐to‐month
321 Santa Monica Pier Oatman Rock Shop/Retail shop offering souvenir items and gifts.
135 sf. April 2013
month‐to‐month
322 Santa Monica Pier Starline Tours/Tour sales, visitor info services. 250 sf. April 2016 330 Santa Monica Pier Pier Burger/Limited service convenience restaurant without alcoholservice.
1,525 sf. +
584 sf. patio
Sept 2023
350 Santa Monica Pier Playland Arcade/Arcade with ancillary retail sales.
8,603 sf. +
641 sf. patios
June 2031
350‐B Santa Monica Pier Marlene’s Beachcomber/Retailsales of beach related items.
375 sf July 2009
month‐to‐month
370 Santa Monica Pier Trapeze School NY/ Trapeze school. 10,985 sf. gross deck area
April 2015
380 Santa Monica Pier Pacific Park/Amusement park with rides, games and ancillary retail and food service.
70,000 sf. gross
deck area
May 2046
401 Santa Monica Pier Mariasol Cucina/Fullservice restaurant with alcoholservice.
6,204 sf. + 2,217
sf. patios
March 2028
404 Santa Monica Pier SM Bait and Tackle/Fishing bait and tackle with ancillary retail and food sales.
292 sf. June 2004
month‐to‐month
Trolley Kiosk 66 to Cali/Pier related souvenir and sundries. 85 sf June 2016 Mobile Vending Carts Pier and/or beach‐oriented retail and food that is not otherwise available on the Pier.
Aprox 25 sf. each varies
5.E.b
Packet Pg. 350 Attachment: Pier Leasing Guidelines (6335 : 370 Santa Monica Pier License)
5.E.c
Packet Pg. 351 Attachment: Levine Form (6335 : 370 Santa Monica Pier License)
5.E.c
Packet Pg. 352 Attachment: Levine Form (6335 : 370 Santa Monica Pier License)
5.E.d
Packet Pg. 353 Attachment: Oaks. SMA. 5.10.24 (6335 : 370 Santa Monica Pier License)
5.E.d
Packet Pg. 354 Attachment: Oaks. SMA. 5.10.24 (6335 : 370 Santa Monica Pier License)
5.E.e
Packet Pg. 355 Attachment: Oaks. EPR.5.8.2024 (6335 : 370 Santa Monica Pier License)
5.E.e
Packet Pg. 356 Attachment: Oaks. EPR.5.8.2024 (6335 : 370 Santa Monica Pier License)
5.E.e
Packet Pg. 357 Attachment: Oaks. EPR.5.8.2024 (6335 : 370 Santa Monica Pier License) Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.f
Packet Pg. 358
Attachment: Written Comments [Revision 3] (6335 : 370 Santa Monica Pier License) Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.f
Packet Pg. 359
Attachment: Written Comments [Revision 3] (6335 : 370 Santa Monica Pier License) Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.f
Packet Pg. 360
Attachment: Written Comments [Revision 3] (6335 : 370 Santa Monica Pier License) Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.f
Packet Pg. 361
Attachment: Written Comments [Revision 3] (6335 : 370 Santa Monica Pier License) 1 David Yakobson
From: Jee Won Diane Kang <[email protected]>
Sent: Tuesday, May 28, 2024 4:24 PM
To: councilmtgitems
Subject: Agenda Item 5. E - City Council Meeting 5/28
EXTERNAL
To whom it may concern:
In the event that I am not able to make an oral public comment at today's meeting, please find below a written comment for agenda Item 5.E.
Hello, my name is Jee Won Kang, and I write to you in my capacity as member of the Santa Monica community, and the multiple ways in which I hold that identity—as a PhD student at UCLA, a regular patron of Santa Monica’s public transit infrastructure, and as a staff member at the Santa Monica Trapeze School (SMTS).
One of the reasons why I decided to attend UCLA was because of its proximity to SMTS. The circus community is one that fosters this kind of loyalty and dedication—people are committed for life, and the presence of a local circus community is an important factor we consider when making big life decisions.
We consistently go out of our way to seek out circus, and we are integrated into the broader community as a result. For example, in addition to being a staff member at SMTS and performing in our shows, I serve as a graduate student mentor in an outreach program that aims to increase diversity and inclusion in STEM for local high school students from underrepresented backgrounds by providing them with early, hands-on exposure to scientific research.
Santa Monica Trapeze School has always committed itself to being a school, and inherent to the very definition of a school is that it is a place of education, learning, and community betterment, which are tenets that we at SMTS uphold every day.
I am also a consistent patron of public transit—I always take the Big Blue Bus to the pier. As a pedestrian, I am so grateful for the city’s recognition of public transportation as a social good that is worth investing in despite heavy lobbying efforts from the automotive industry that attempt to convince us otherwise. I am hopeful that the city is willing to recognize bastions of local business and community pillars like SMTS as an equally worthwhile social good.
I entreat you to:
Support small businesses on the pier by allowing SMTS to stay at 370 Santa Monica Pier.
Or, if the council believes a big business is better at 370 Santa Monica Pier, that they direct their staff to honor our 16 years of dedication and allow us to remain at 370 Santa Monica Pier until a replacement site in Santa Monica can be determined.
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.f
Packet Pg. 362 Attachment: Written Comments [Revision 3] (6335 : 370 Santa Monica Pier License) 2 Thank you,
Jee Won
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.f
Packet Pg. 363 Attachment: Written Comments [Revision 3] (6335 : 370 Santa Monica Pier License) 3 David Yakobson
From: Nicolas W. Pust <[email protected]>
Sent: Tuesday, May 28, 2024 4:00 PM
To: councilmtgitems
Subject: Santa Monica trapeze
EXTERNAL
Good evening,
I work at Santa Monica trapeze school. I've worked there with a lot of people and have been a part of some of the discussions with what's happening. We have been told that we'd be able to Stay there along with many other things and now we're being told that we would have to leave. Please find it in your heart to keep Santa Monica trapeze school running. If not on Santa Monica pier then at least somewhere in it. we are a part of Santa Monica Community
Get Outlook for iOS
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.f
Packet Pg. 364 Attachment: Written Comments [Revision 3] (6335 : 370 Santa Monica Pier License) 1 David Yakobson
From: [email protected]
Sent: Tuesday, May 28, 2024 11:06 AM
To: councilmtgitems
Subject: 5/28 Agenda Item 5E
EXTERNAL
Dear Santa Monica City Council,
Thank you for taking the time to understand how important the Santa Monica Trapeze School is to the community. I was born and raised in Santa Monica and started going to the trapeze school when I was 11 years old (I'm 26 now). I worked at the trapeze school for 2 years after I graduated college and it changed my life. I just wish everyone at least once in their lives could have the experience of loving their job as much as I did when I worked for Kenna at the trapeze school.
I'm tearing up as I write this because it's so hard to explain. The community at the trapeze school is my family. I am so proud that my city also gets to be home to this magical place. I'm currently working at a trapeze rig for tourists in Mexico and tell people every day about my home rig on the Santa Monica Pier. I'm praying that when I come home my home will still be there.
Thank you for listening to my trapeze family. And thank you for understanding the importance of the arts, community, compassion, and small women owned businesses on the historic Santa Monica Pier.
Please help save the rig. I can't imagine Santa Monica feeling like home anymore without the trapeze school.
With gratitude,
Aspen Smith
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.f
Packet Pg. 365 Attachment: Written Comments [Revision 3] (6335 : 370 Santa Monica Pier License) 1 David Yakobson
From: Talia Landres <[email protected]>
Sent: Monday, May 27, 2024 12:52 PM
To: Phil Brock; Lana Negrete; Gleam Davis; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick; councilmtgitems
Subject: Please keep Santa Monica Trapeze School _in_ Santa Monica! (May 28, 2024, Item 5-E) Attachments: Talia Landres Trapeze School Letter 52724.pdf Dear Mayor Brock, Mayor Pro Tem Negrete, and Councilmembers Davis, de la Torre, Parra, Torosis, and Zwick,
Please see my attached letter about Item 5-E at your meeting tomorrow. Please keep my trapeze school in Santa Monica!
Thank you,
Talia Landres
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.f
Packet Pg. 366 Attachment: Written Comments [Revision 3] (6335 : 370 Santa Monica Pier License) Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.f
Packet Pg. 367 Attachment: Written Comments [Revision 3] (6335 : 370 Santa Monica Pier License) 2 David Yakobson
From: lisa berliner <[email protected]>
Sent: Tuesday, May 28, 2024 12:13 AM
To: councilmtgitems
Subject: ITEM 5 E : KEEP SANTA MONICA TRAPEZE SCHOOL LOCAL
EXTERNAL
Santa Monica City Council:
My name is Lisa Berliner and I am writing to you as a student turned senior instructor at the Santa Monica Trapeze School for the past 11 years. The city of Santa Monica has been the home to the trapeze school for over 16 years, offering a unique experience (with the most amazing view) that you can’t get in many cities.
People from all over the world and locally get to “run off and join the circus” for just a few hours.
Due to recent changes in ownership, the lease for the 370 SM pier came up for review and per the nomination we will be losing our space(and what I call my happy place). I was present at the pier board meeting where they approved the nomination for the SC holding to take over the license for 370 SM pier with the recommendation that the city should be involved in helping us find a new location so that we can continue the legacy of offering such a unique experience local to Santa Monica. That is what we are asking. Help us find a place in Santa Monica, such as the Santa Monica Airport. I went to the recent Kick off event at Clover Park and saw what an amazing opportunity is right at our fingertips. I spoke to several people, advocating to consider the Santa Monica Trapeze School to relocate to the Airport. It seems this would be a wonderful addition to the airport and the community at large. I think it would be a great way to get people to come to the airport and stay for other activities that will be offered there. Santa Monica Trapeze school is an asset to the local community but also for tourism. More and more people want experiences with their friends and families. .
The trapeze school offers so much to the community and it would be devastating to lose everything it represents. We aren’t just a trapeze school. We are a safe and welcoming place for EVERYONE. It is a place we go to clear our minds,conquer fears, build confidence, be active, have first jobs, form friendships, celebrate birthdays (any and all life milestones), the list goes on and on.
On a personal note. I honestly don’t know where I would be without the trapeze school. It has helped with my mental health beyond measure. I took one class for fun and never imagined I would be a part of the community 11 years later, having accomplished as much as I have or meeting some of my best friends. It brings me such joy watching others achieve their goals and accomplishments as well.
Please please help us find a new location. The airport… where you can still fly without a plane ;) If you would like to ask me any questions or any further insight, please contact me via email or phone. (818)516-7763
Thank you for your time and consideration,
Lisa Berliner
Student and Staff member
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.f
Packet Pg. 368 Attachment: Written Comments [Revision 3] (6335 : 370 Santa Monica Pier License) 3 David Yakobson
From: Morgan Stewart <[email protected]>
Sent: Thursday, May 23, 2024 1:18 PM
To: councilmtgitems
Subject: Please Save the Santa Monica Trapeze School at Your May 28th Meeting - Remove Agenda Item 5. E from Your Consent Calendar
EXTERNAL
Hello Santa Monica City Councilmembers,
I am a Venice resident and I worked in Santa Monica for over a decade before I started working remotely during the pandemic so though I am not a current resident of the city, I care about it and its future very much.
For 16 years the Santa Monica Trapeze School (SMTS) taught Circus Arts on the Pier and now big business is trying to kick them out without another place on the Westside to train, learn, and continue to be Circus stars. Please help save SMTS and remove Item 5. E from the Consent Calendar at your May 28th meeting.
As I’m sure you know by now, the Santa Monica Pier board recently approved a nomination for the space at 370 Santa Monica Pier — the longtime home of the Santa Monica Trapeze School — to go to SC holdings, the largest leaseholder on the Pier. Since this vote, the Santa Monica Pier Board has created a new ad hoc committee to review pier guidelines and leases because they have realized that the current system is broken. If this nomination is pushed through, as is, on the upcoming agenda’s consent calendar, City Council will be displacing a locally owned, female run business that has a history of over 15 years on the pier. It also means the Santa Monica Pier Board might change the process to benefit SMTS ONLY after the City Council has voted to evict them. We are asking that this item be removed from the consent calendar until Council can ensure that Pier Leasing Guidelines and City Council's vision and process are aligned for the Pier.
Thank you for fighting for local circus in Santa Monica and thank you for your time. Please protect small business in Santa Monica!
Warmly,
Morgan Stewart
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.f
Packet Pg. 369 Attachment: Written Comments [Revision 3] (6335 : 370 Santa Monica Pier License) 370 Santa Monica Pier
Bid Proposal – Santa Monica Amusements
Updated March 16, 2024
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 370 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) 370 Santa Monica Pier:
About The Space
370 Santa Monica Pier is located between Pacific Park and the Playland Arcade. The property is boarded on two sides by Pacific Park. Pacific Park currently operates a small retail space, Pier Gear Patio, that shares boarders with the property at 370 on two sides. Pacific Park currently assists the current tenant with coverage from our security camera system since we already share these boarders.
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 371 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) Licensee
Santa Monica Amusements (SMA) operates Pacific Park, the amusement park on the Santa Monica Pier. In addition to the rides, Pacific Park includes the midway games, retail shops, and the pier’s food court. SMA’s leadership team works from offices located on the Santa Monica Pier and represents over 200+ years of experience in the amusements, attractions, and entertainment sectors.
Since first opening the family-focused amusement park in 1996, SMA has committed to actively participating in the Santa Monica community through partnerships and programs with many non-profit and civic engagement groups. SMA is largest youth employer in Santa Monica.
Outside of Santa Monica, SMA has been a leader in the tour and travel trade providing advocacy to travel industry organizations and building programs to support underserved communities and youth programs.
SMA’s executive team also plays an active role in local and state advocacy and community organizations currently filling 9 board and committee positions.
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 372 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) Term
SMA is proposing, in line with the City’s request, a three (3) year term for the Licensing Agreement. It would be the
preference of SMA for the License to continue month to
month after the Term until the City determines its future use.
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 373 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) Proposed Use
SMA seeks to create a multi-use space to maximize utilization for the widest possible range of Pier guests and community stakeholders. The proposed footprint includes 3 attractions and an outdoor exhibit space for a standing educational and cultural experience focused on Santa Monica Pier’s history and cultural impact.
This hybrid operation of the 10,000 sq ft of boardwalk
frontage will allow more representation of community
stakeholders and enjoyment of the space by a greater number of pier guests.
This concept would continue to provide an opportunity for Pier users to enjoy physical activities on the pier, but with more options for different age groups and experience levels.
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 374 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) Entertainment
The three attractions would include:
Rope Course - a 3,200 sq ft obstacle course engineered for guests aged 10 years and older. The course is being sourced by RCI Adventure Products, a leader in outdoor skills gyms and zip lines. Guests can choose from rope bridges and zip lines to navigate their way through this challenging experience
Jr. Ropes Course - for guests under the age of 10, a shorter course will be erected next to the larger apparatus that is engineered for guests of all ages and skill levels
Climbing tower - in addition to the ropes courses, a 30 ft tall climbing tower will accommodate up to 4 participants at once who will be challenged with 3 different skill levels of climbing the tower Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 375 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) Cultural
Incorporated adjacent to the ropes and climbing courses will be an open space for guests to sit, watch participants on the attractions, and learn a little bit about the Santa Monica Pier.
This partially shaded outdoor exhibit space will provide opportunity to display photos, information, and artifacts from the Santa Monica Pier’s 114-year history.
Inspired by the Santa Monica Pier History Museum pop-up curated by the Santa Monica Pier Corporation (SMPC) for Pier 360, this year-round exhibit space will be cleaned and
maintained by SMA staff.
Expanded possibilities include utilizing the exhibit space for seasonally thematic installations such as Dia de los Muertos, PRIDE, and Black History Month.
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 376 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) ``
Community Benefit:
Santa Monica Pier History Museum
Our proposal provides a section of the space to be utilized for an all new “Santa Monica Pier History Museum”.
If SMA is awarded this license agreement, SMA seeks to invest a dedicated $500,000 to build and program the displays and fixtures that would be utilized for both standing and rotating exhibits. The exhibit space would be operated and maintained by SMA.
SMA will seek the partnership of local community
stakeholders to loan artifacts from their collections and provide curation of the subject matter.
For consideration, SMA would engage SMPC, The Santa
Monica History Museum, and local residents with a passion for our community’s rich history.
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 377 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) Aerial Adventures & Exhibit Space – View from over boardwalk Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 378 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) Aerial Adventures & Exhibit Space – View from over boardwalk Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 379 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) Aerial Adventures & Exhibit Space – View from over boardwalk Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 380 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) Ropes Courses & Climbing Tower – inspirational
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 381 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) Aerial Adventures & Exhibit Space – View from over boardwalk Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 382 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) Aerial Adventures & Exhibit Space – View from over boardwalk Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 383 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) Aerial Adventures & Exhibit Space – View from over boardwalk Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 384 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) Exhibits – inspiration: Santa Monica Pier History Museum pop-up at Pier 360 Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 385 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) Additional Services:
Refreshment Stand
Understanding participants on the obstacle courses will need hydration and refreshment, SMA recommends space for a
refreshment stand offering items such as lemonade, snacks, and water.
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 386 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) Additional Services:
Multi-media Souvenir
Working through an existing vendor relationship, SMA will develop a photo and video redemption opportunity where
guests can purchase a photo or video of themselves on the obstacle courses.
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 387 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) Licensee’s Minimum Qualifications
Over the 28 years of operation on the Pier, SMA has exhibited a proven track record for safety, regularly undergoing state inspections from CalOSHA. SMA’s staff are required to complete safety and training exercises on a weekly basis with senior staff members participating in enhanced safety programs and seminars every year.
SMA has been a close partner to both the City, pier tenants, and SMPC during times of prosperity, but also challenging times such as the recent Covid-19 related closures. SMA leadership has played an integral role in the pier community by way of the Santa Monica Pier Lessees Association (SMPLA) and has exhibited a commitment to providing equal access, representation, and opportunity to all pier businesses no matter how large or small.
SMA meets and exceeds expectations for staffing meeting all state provided regulations on scheduling, compensation, and training for employees.
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 388 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) Commitment to Community
SMA will leverage existing relationships with schools, community groups, after school programs to offer exclusive discounts and free programming for organizations that serve local children and their families.
Past successes include hosting fundraising events such as PAL-a-palooza and Pier del Sol as well as major fundraising events for many westside schools.
SMA will include the offerings at Santa Monica Aerial Adventures in our existing outreach to schools, camps, and group tour operators.
Programing, discounts, and access specifically for local students, afterschool programs, and underserved youth will be explored.
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 389 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) Capital Investment
Despite the limited 3-year term, SMA is prepared to invest an estimated $1,250,000 into the activation to execute this hybrid-use concept.
This investment includes the purchase and installation of the ropes courses, design, seating, shade, infrastructure, and the build out of the exhibition space.
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 390 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) Proposed Rent
SMA recognizes the City is only seeking $10,000/month, or $120,000/year, however, SMA is committed to advancing the pier fund which benefits all pier users by offering
$25,000/month base rent. In addition, SMA is proposing an additional percentage rent of 10% of every dollar earned in the space above $1M. No carveouts are being requested for this additional rent. We project that the total financial benefit to the city to be in excess of $1.5M before preparations begin for the Olympics.
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 391 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) Transition Plan
Procuring the climbing apparatus and exhibit fixtures is expected to take several months.
So that the space is not sitting vacant, SMA commits to working with the current tenant to provide a transition timeline that supports their plans for relocation.
This plan would include sponsorship of the existing business to offset their expenses while it remains open to students on the Santa Monica Pier.
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 392 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) Tickets & Offerings
• Based on research from similar locations in Southern
California, a ‘Ropes Corse’ experience is typically priced at $10-15 per guest for an experience lasting 15-45 minutes • The climbing structure will be priced accordingly at $15 per guest based on a survey of similar climbing attractions in the region
• Attractions will be offered a-la-carte or as a package with the other climbing apparatus
• Combination tickets, including tickets packaged with other pier attractions, will be explored
• In addition to the apparatus, refreshments and
merchandise will be offered in the space based on visitor demand
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 393 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) Thank you!
This presentation represents an idea that we hope inspires the selection committee. Once our experienced team has more time to fully develop this into an actionable plan with collaboration from our colleagues and partners on the pier and in the city, we hope to incorporate more input and opportunities. We have yet to flush out these concepts or start incorporating feedback from you and other pier stakeholders. If approved, SMA would be dedicated to evolving these concepts with the guidance of SMPC and Economic Development.
On behalf of the entire team at Santa Monica Amusements, we appreciate the chance to bid on this very important footprint located in a key spot adjacent to Pacific Park. We are hopeful that our concepts will receive consideration. We are available at anytime to address any questions, concerns, or ideas.
- Jeff Klocke
Vice President & General Manager
Santa Monica Amusements
310-428-8905
Item 5-E
May 28, 2024
Item 5-E
May 28, 2024
5.E.g
Packet Pg. 394 Attachment: PowerPoint Presentation [Revision 1] (6335 : 370 Santa Monica Pier License) City Council
Report
City Council Meeting: May 28, 2024
Agenda Item: 5.F
1 of 3
To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Rick Valte, Public Works Director, Public Works Department Subject: Authorize a Purchase Order for the Purchase of Westward Industries Ltd.
GO-4 EV Scooters for the Police Department
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 TurfStar Western Inc. for the purchase of twenty-seven Westward Industries Ltd. GO-4 EV scooters for the Police Department. 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 $1,306,000 with future year funding contingent on Council budget approval.
Summary
The Santa Monica Police Department’s Traffic Services Unit utilizes Westward Industries Ltd. GO-4 EV scooters to provide intersection traffic control and parking enforcement services, and to enhance pedestrian safety throughout the City. The Department’s ability to provide these services relies on vehicles managed and maintained by the City’s Fleet Management Division. Many of these vehicles have aged past their cost-effective useful lives. To ensure uninterrupted service to the community, staff recommends authorizing a purchase order with TurfStar Western Inc. in an amount not to exceed $1,306,000 for the purchase of twenty-seven Westward Industries Ltd.
GO-4 EV scooters for the Police Department based on competitive contract pricing available to government agencies. The City’s procurement of these new vehicles will
5.F
Packet Pg. 395
2 of 3
reduce the current downtime and maintenance costs associated with the existing fleet.
Discussion
The Fleet Management Division has worked closely with the Police department to extend the useful lives of the City’s current scooters as much as possible. Twentyseven vehicles have been identified for replacement and the average age for these vehicles is nine years. The standard useful life for the GO-4 scooters is six years. The City’s current fleet of scooters are essential to the Department’s traffic and parking enforcement operations, however due to usage and associated wear and tear, these vehicles require significant ongoing maintenance and repair costs to remain reliable, safe, and operational.
Staff is recommending the purchase of twenty-seven GO-4 EV scooters for the Police Department for a total amount not to exceed $1,306,000. The funding for the replacement of the City’s older scooters is available and was collected over each vehicle’s asset life. These vehicles are used daily for parking enforcement and intersection traffic control and serve an integral role in enforcing parking control laws throughout the City. If approved, the estimated time for delivery is four months.
Vendor Selection
Exception to Competitive Bidding
Staff recommends TurfStar Western Inc., the exclusive authorized dealer in California for Westward Industries GO-4 Scooters, to furnish and deliver twenty-seven vehicles as an exception to competitive bidding per Muni Code 2.24.250 (c).
On November 3, 2020, Sourcewell, a State of Minnesota local government agency and service cooperative, issued a Request for Proposals (RFP) for Utility, Transport, Golf, and Recreation Vehicles.
Under the terms of the RFP, and the resulting contract agreement with Westward Industries Ltd., similar nationally leveraged purchasing discounts are also available to other government agencies. Sourcewell contract #122220-WWI was established on December 22, 2020 and expires on January 29, 2025.
Sourcewell 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 Review
The purchase order for replacement of PD traffic scooters is categorically exempt from CEQA pursuant to Section 15302 (Replacement and Reconstruction) of the CEQA
5.F
Packet Pg. 396
3 of 3
Guidelines. Section 15302 exempts Class 2 projects which “consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.” The replacement vehicles would replace existing City fleet vehicles with the same purpose and capacity. Therefore, the purchase order qualifies 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 TurfStar Western Inc. for the purchase and delivery of 27 GO-4 EV scooters for the police department.
Purchase Order Request –TurfStar Western
FY 2023-24
Request Amount CIP Account # Total Contract Amount
$1,306,000 C7000010.689000.90532 $1,306,000
Prepared By: Jose Arroyo, Senior Administrative Analyst Approved Forwarded to Council
Attachments:
A. Oaks Initiative - TurfStar Western
B. Levine Act - TurfStar Western
5.F
Packet Pg. 397
5.F.a
Packet Pg. 398 Attachment: Oaks Initiative - TurfStar Western (6376 : Purchase GO-4 EV Scooters)
5.F.b
Packet Pg. 399 Attachment: Levine Act - TurfStar Western (6376 : Purchase GO-4 EV Scooters)
5.F.b
Packet Pg. 400 Attachment: Levine Act - TurfStar Western (6376 : Purchase GO-4 EV Scooters) City Council
Report
City Council Meeting: May 28, 2024
Agenda Item: 5.G
1 of 4
To: Mayor and City Council
From: Sarkis Metspakyan, Acting Chief Information Officer, Information Services Department
Rick Valte, Public Works Director, Public Works Department Subject: Approval of First Modification to Agreement with AssetWorks, Inc. for Fleet Asset Management System Hosting, Maintenance, and Support Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Authorize the City Manager to negotiate and execute a first modification to agreement # 10801 in the amount of $264,523 (including a 10% contingency) with AssetWorks, Inc. for systems implementation, training, hosting services, and software support and maintenance for a Fleet Asset Management System with Telematics Solution for the Public Works Department. This will result in a 10-year amended agreement with a new total amount not to exceed $1,590,075.00, with future year funding contingent on Council budget approval.
Summary
The Public Works Department Fleet Management Section uses the FleetFocus fleet asset management system (FAMS) from AssetWorks, LLC to monitor vehicle and equipment information, oversee fleet maintenance and repair activities, and maintain up to date records of preventative maintenance and repairs to the City’s fleet of over 800 vehicles and equipment. The FleetFocus system also integrates with other AssetWorks modules currently being implemented by the Public Works and the Information Services Departments to share information about fueling and other vehicle information. The current agreement with AssetWorks expires June 27, 2024. To complete these projects
5.G
Packet Pg. 401
2 of 4
and to continue using FleetFocus, staff recommends extending the term of the agreement for an additional five years. This first modification will include application hosting, software maintenance and support, and additional training for staff on software feature upgrades at a cost of $264,523. AssetWorks is the only vendor qualified to host, support, and train on its proprietary applications.
Discussion
On January 22, 2019, (Attachment A), Council approved an agreement with AssetWorks FleetFocus to replace the City’s former FAMS after staff completed an extensive RFP process. FleetFocus is equipped with a user-friendly graphical user interface, has robust reporting capabilities, integrates seamlessly with Verizon’s NetworkFleet system for automatic vehicle location (AVL) and vehicle operation monitoring.
While parts of the FleetFocus system were implemented starting in 2021, the complete FleetFocus implementation is still in progress. Staff are currently implementing AssetWorks’ FuelFocus module, which is already used by the Big Blue Bus, to automatically share data about fuel usage and greenhouse gas emissions to better manage the City’s fleet.
A first modification extending the agreement is necessary to complete the implementation and additional training, as well as to continue the application hosting and software maintenance and support. The AssetWorks software is a proprietary product and only AssetWorks can provide these services for its software. Engaging a new FAMS would necessitate purchasing and implementing a new system, which would be much more costly than completing implementation of the FleetFocus system and maintaining it and would involve significant disruption to Fleet Management’s operations.
Environmental Review
The proposed contract modification is exempt from the provision of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA
5.G
Packet Pg. 402
3 of 4
Guidelines (common sense exemption). The proposal is covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The modification would not result in any adverse physical environmental effects as it encompasses software systems and services. Therefore, the modification to the agreement is exempt from CEQA and no further environmental review under CEQA is required.
Past Council Actions
Meeting Date Description
January 22, 2019
(Attachment A)
Approval of agreement with AssetWorks, LLC, for systems implementation, training, hosting services, and software support and maintenance for a Fleet Asset Management
System with Telematics Solution following RFP process.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Fleet Management Fund to increase the amount of agreement with AssetWorks, Inc. for systems implementation, training, hosting services, and software support and maintenance for a Fleet Asset Management System with Telematics Solution. Future year funding is contingent on Council budget approval.
Contract Modification Request
Agreement
#
Current
Authorized
Amount
FY 2024-25
Modified
Request
Amount
Future Year(s)
Modified
Request
Amount Dept Account #
Total Revised
Contract
Amount
10801 $1,325,552 $1,325,552
10801 $42,937 $207,550 70500001.529230 $250,487
10801 $14,036 $0 70500001.531030 $14,036
TOTAL $1,325,552 $56,973 $207,550 $1,590,075
5.G
Packet Pg. 403
4 of 4
Prepared By: Joseph Contreras, Principal Business Process Technology Analyst Approved Forwarded to Council
Attachments:
A. Award RFP No. 164 for the puchase of a Fleet Asset Management System 01- 22-2019 (Web Link)
B. Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System
C. Levine Act Disclosure Form AssetWorks 04.29.2024
D. OAKS INITIATIVE FORM AssetWorks 04.29.2024
5.G
Packet Pg. 404
1 Contract No. 10801
SOFTWARE, HARDWARE, AND SERVICE AGREEMENT
This Software, Hardware, and Service Agreement (“Agreement”), entered into as of _________________(“Execution Date”), by and between AssetWorks LLC, a Delaware limited liability company (“AssetWorks”), and City of Santa Monica, a California municipal corporation (“City”) is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. City issued a Request for Proposal (“RFP”) seeking a qualified vendor to provide a Fleet Management software system with a telematics solution. A copy of the RFP is attached hereto as Exhibit A.
C. In response to the City’s RFP, AssetWorks submitted its Proposal (“Proposal”), which is attached hereto as Exhibit B.
D. AssetWorks is qualified to do business, and is doing business, in the State of California. AssetWorks represents it has the background, knowledge, experience, and expertise necessary to provide the services set forth in this Agreement.
E. City and AssetWorks desire to enter into this Agreement upon the terms and conditions set forth below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows:
TERMS AND CONDITIONS
1. Definitions. The following definitions shall applyto the following terms as they appear in this Agreement:
1.1. “Affiliate” means, with respect to a Party, its parent company and subsidiaries and/or controlled corporations or entities which are directly or indirectly controlled.
1.2. “City” means the City of Santa Monica.
1.3. “Client Party” means City and each of its Affiliates, Users, and Third-Party Users.
1.4. “Client Data” means all information and data provided or inputted by or on behalf of any Client Party for use with the System.
1.5. “Confidential Information” means: (i) all confidential and proprietary information of a Party, including, without limitation, business plans, strategies, products, software, source code, object code, clients, data models, discoveries, inventions, developments, know-how, improvements, works of authorship, concepts, or expressions thereof, whether or not subject to patents, copyright, trademark, trade secret protection or other intellectual property right protection; and (ii) all information any Client Party discloses, in writing, orally, or visually, to Vendor, or to which Vendor obtains access in connection with the negotiation and performance of this Agreement, and which relates to City, its employees, its third-party vendors or licensors, or any other individuals or entities that have made confidential or proprietary information available to City (or to Vendor acting on City’s behalf), that is marked or otherwise identified as confidential or proprietary or that, given the nature of the information, ought reasonably to be treated as proprietary or confidential.
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA 6/27/2019
5.G.b
Packet Pg. 405 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First 2 Vendor’s Confidential Information includes all Proprietary Rights with respect to the Services, Software, Custom Software and Work Product.
1.6. “Contract Data” means all Client Data and all information and data generated by Vendor or any Client Party using Client Data in relation to the performance of this Agreement, including aggregate data generated using Client Data and any reports generated by the System by or on behalf of any Client Party using Client Data.
1.7. “Custom Software” means specifically modified reports, dashboard panels, or other features or modules of the Software created by Vendor for City as described in the Statement of Work or other written agreement between AssetWorks and City.
1.8. “Data Breach” means the unauthorized acquisition, access, use, or disclosure of City’s Confidential Information that compromises the security, confidentiality, or integrity of such information.
1.9. “Documentation” means all user guides, videos, embedded help text, and other reference materials generally furnished with respect to the System, whether in printed or electronic format.
1.10. “Party” in the singular refers to either of the parties to this Agreement, together with their Affiliates, while “Parties” in the plural refers to both the parties to this Agreement, together with their Affiliates.
1.11. “Permissions” means the username and password provided to City by Vendor or by City to Users for each User, as the same may be modified under the System.
1.12. “Proprietary Rights” means intellectual and proprietary property owned or properly licensed by a Party and all intellectual or proprietary property rights subsumed therein, including copyright, patent, trademark (including goodwill), trade dress, trade secret and know-how rights.
1.13. “AssetWorks” means and refers to AssetWorks LLC, a Delaware limited liability company.
1.14. ”Services” means the Software, Custom Software, Hardware, and Professional Services that are the subject of this Agreement and identified in the Statement of Work, together with any Updates and Upgrades thereto.
1.15. “Service Interruption” means that any Client Party is unable to access the System as provided herein, excluding (i) scheduled maintenance windows of which City is notified at least 24 hours in advance and which occur outside of normal business hours; (ii) scheduled repairs of not more than two hours duration in any one week period of which City is notified at least four hours in advance and which occur outside of normal business hours; (iii) critical repairs including security updates where advance notice cannot be reasonably provided and (iv) interruptions caused by transmission errors, Internet service providers, vandalism, User error or other factors beyond Vendor’s or its direct Service Providers’ reasonable control.
1.16. “Service Provider” means a third-party service provider of City, AssetWorks, and/or any of their Affiliates.
1.17. “Server” means and refers to the server(s) utilized by Vendor for the System as defined in this Agreement. AssetWorks shall keep the City’s Information System Department informed of the location and nature of the Server, in writing, throughout the Term of this Agreement.
1.18. “Software” means the object code version of the software products set forth in the deliverables section of the Statement of Work and made available to City under this Agreement by Vendor.
1.19. “Statement of Work” means any statement of work entered into and mutually approved in writing by the parties pursuant to this Agreement, including in particular but not limited to the Proposal, DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 406 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First 3 the statement of work attached to this Agreement as Exhibit D, and any other documents attached as exhibits to this Agreement.
1.20. “System” means and refers to the Fleet Management software system with the telematics and FuelFocus solutions (including hardware) being provided by Vendor pursuant to this Agreement, and includes all Services provided by Vendor pursuant to this Agreement as part of or in conjunction with the Fleet Management software system with the telematics and FuelFocus solutions (including hardware).
1.21. “Third-Party Technology” means proprietary technology of third parties that Vendor provides, or enables access to, as part of the System.
1.22. “Third-Party User” means any customer, consultant or Service Provider of any Client Party that is using or accessing the System on behalf of the Client Party.
1.23. “Third-Party User Agreement” means the user agreement between a Third-Party User and AssetWorks, as the same may be amended from time to time.
1.24. “Updates” and “Upgrades” means maintenance revisions, improvements, modifications, bug fixes, patches, corrections and enhancements to System provided by Vendor generally to its customers.
The term “Updates” shall not include custom reports or enhancements for which Vendor charges a separate or additional fee.
1.25. “User” means any single employee, contractor, agent, customer, investor, consultant or Third-Party User of City or any of its Affiliates who uses or accesses the System.
1.26. “Vendor” means and refers to AssetWorks and any of its Affiliates.
1.27. “Work Product” means software, programming, tools, documentation, and materials that are used, created, developed, or delivered by Vendor to City in connection with Custom Software, and all Proprietary Rights subsumed therein.
2. Term. The term of this Agreement shall be for a period of five (5) years beginning on the Execution Date (“Term”), unless terminated earlier in accordance with Section 19 below.
2.1 Option to Extend. City, in its sole and complete discretion, shall have the option to extend the Term for one additional five-year period (the “Option Term”) on the same terms and conditions as set forth in this Agreement.
3. System.
3.1 Software License Grant. Vendor hereby grants to City a nonexclusive and nontransferable license to use the System, including all of the Software set forth in the Statement of Work for the Term of this Agreement. Vendor represents that it possesses all rights and interest in the System including the Software set forth in the Statement of Work.
3.2 Hosting. Vendor agrees to host the Software and Client Data in Vendor’s data center and provide any Client Party with access to the hosted Software and Client Data, in accordance with Vendor’s hosting terms attached hereto as Exhibit H.
3.3 System Implementation. Vendor will configure, test and implement the System in accordance with the project schedule set forth in the Statement of Work. An estimated timeline for the implementation of the System is set forth in the project schedule attached hereto as Exhibit C, and DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 407 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First 4 such timeline may be amended from time to time by the Parties. System acceptance will be in accordance with the Statement of Work.
3.4 Maintenance and Support. Vendor will maintain and support the Software as set forth in the Vendor’s maintenance terms attached hereto as Exhibit I.
3.5 Vendor Hosted System Model. Vendor will host the Software and Client Data in a secure Internet accessible environment as described in the Statement of Work.
3.6 Users. City may license the System to the number of authorized Users as set forth in the Statement of Work. Each authorized User shall access and use the System (i) in accordance with the terms of this Agreement, including the Statement of Work, and applicable Third Party User Agreement and Documentation, and, (ii) when applicable, through a unique and reasonably secure username and password as further described in the Statement of Work, Third Party User Agreement or Documentation. The System allows City to grant different levels of access to Client Data, to different Users, as described in more detail in the Statement of Work. It is City’s responsibility to designate the applicable access to be granted to each User. City shall cause all Users to comply with all obligations of City hereunder, to the extent applicable to Users. Except for City’s and its Affiliates’ system administrators and where reasonably necessary for administrative or security purposes, no User may use the username/user identification or password of any other User.
3.7 Third Party Access. City shall also have the right for City and its Affiliates to permit Third Party Users to access or use the System in accordance with the terms and conditions of this Agreement, including the Statement of Work, provided that Third Party User has agreed in writing in advance to be bound by at least the same restrictions with respect to the System as City or has entered into a Third Party User Agreement with AssetWorks. Any rights granted hereunder with respect to the System to Third Party Users shall expire or terminate immediately upon the termination of the Agreement in accordance with its terms. City shall be fully responsible for (i) ensuring the compliance of each Client Party with the terms and conditions of this Agreement and the applicable Statement of Work, Third Party User Agreement and Documentation and (ii) all violations of the terms or conditions of this Agreement and the applicable Statement of Work, Third Party User Agreement and Documentation by each Client Party.
3.8 Security. AssetWorks shall provide City with the ability to create, modify and assign Permissions required for each User to access the System. City shall be solely responsible for safeguarding the Permissions and otherwise complying with the password and security procedures that AssetWorks may establish from time to time. City shall promptly notify AssetWorks if City becomes aware that the security of its Permissions has been compromised.
3.9 Professional Services. During the term of this Agreement, AssetWorks will make available to City Professional Services as set forth in the Statement of Work. City may also contract for expanded services for additional days and hours in accordance with AssetWorks’ then-current policies and prices. Notwithstanding the foregoing, AssetWorks will not be obligated to provide any support required as a result of, or with respect to, City’s operating systems, networks, hardware, or other related equipment or any Client Party use of the Services other than in accordance with the applicable Statement of Work and Documentation and as permitted under this Agreement.
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 408 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First 5 3.10 Service Level. AssetWorks shall provide the Service Levels set forth in the Statement of Work, including the 99% uptime requirement. Except as set forth in this Agreement, including the Statement of Work, the parties agree that an insignificant amount of downtime shall not constitute a breach of this Agreement.
3.11 Telematics Services. AssetWorks shall provide telematics services and hardware in accordance with the AssetWorks’ GPS terms attached hereto as Exhibit J.
3.12 FuelFocus Services. AssetWorks shall provide hardware necessary to its FuelFocus services in accordance with the AssetWorks’ Hardware Purchase terms attached hereto as Exhibit K. 4 City Obligations. City shall: (i) provide AssetWorks with reasonable access to City’s premises as appropriate to enable AssetWorks to perform its obligations hereunder; (ii) provide adequate resources to participate in or facilitate the performance of the System; (iii) timely participate in meetings relating to the System; (iv) assign personnel with relevant training and experience to work in consultation with AssetWorks; (v) provide the equipment required to operate the System; (vi) safeguard the user ID’s, passwords and other security data, methods and devices furnished to City in connection with the System and prevent unauthorized access to or use of the System; (vii) be responsible for City networks, equipment and system security required or appropriate in connection with the System; (viii) have sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of all Client Data; (ix) transmit Client Data only in an encrypted format, to be mutually agreed by the parties; and (x) take such other actions as are required of City pursuant to this Agreement, including any Statement of Work. 5 Confidentiality. The parties acknowledge and agree that for the implementation and operation of the System, each Party (the “Receiving Party”) may have access to certain Confidential Information of the other Party (the “Disclosing Party”), including Protected Information, that is exempt from disclosure to the public or other unauthorized persons under state and federal statutes. Each Party warrants and agrees as follows: (i) all such Confidential Information shall be kept confidential and protected from disclosure to any persons other than employees, agents, officers or representatives of such Party who have a need to know; and (ii) all such Confidential Information shall be held in the strictest of confidence and shall not be disclosed, disseminated or revealed to any other third party without the prior written permission of
5.1for AssetWorks, an authorized representative of AssetWorks, and (b) for City, the Director of the City’s Department of Public Works and the City Attorney. Each Party shall ensure that its employees, officers, agents and representatives who are involved with this Agreement will be advised of the terms of this confidentiality clause and will be instructed that they are bound by this confidentiality clause. The following information shall not be considered Confidential Information subject to this Section: (i) information that is publicly available or later becomes available other than through a breach of this Agreement or a Data Breach; (ii) information that is known to the Receiving Party or its employees, agents or representatives prior to its disclosure by the Disclosing Party or is independently developed by the Receiving Party or its employees, agents or representatives subsequent to such disclosure; or (iii) information that is subsequently lawfully obtained by the Receiving Party or its employees, agents or representatives from a third party without obligations of confidentiality. If the Receiving Party is required by law to disclose any portion of the Disclosing Party’s Confidential Information in response to a subpoena, court order, or other similar document, including a request under the California Public Records Act, Receiving Party shall give prior timely notice of such disclosure to Disclosing Party to permit DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 409 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First 6 Disclosing Party to seek a protective or similar order, and, absent the entry of such an order, Receiving Party shall disclose only such Confidential Information as is necessary to be disclosed in response to such subpoena, court order, or other similar document, including a request under the California Public Records Act.
6. Key Staffing Changes In the event of any changes to AssetWorks’ key staff assigned to this Agreement, AssetWorks will notify the City as soon as reasonably possible. Further, AssetWorks agrees that any replacement of key staff assigned to this Agreement will be made with individuals of comparable or higher experience or expertise.
7. Compensation & Invoices. The City will compensate AssetWorks for the Services performed in an amount not to exceed $1,205,047, in accordance with the Proposal attached as Exhibit B and the Fee, Budget, and Compensation Schedule attached as Exhibit E. AssetWorks will invoice the City for the Services performed in accordance with Exhibits B and E, and the City will pay any undisputed amount set forth on a correct invoice within 30 days of receipt.
8. Copyright and Other Restrictions.
8.1 AssetWorks’ Proprietary Rights. AssetWorks owns all right, title and interest, including all related Proprietary Rights in and to, or related to the Software, Custom Software, Work Product and System, including all software programs contained therein. The AssetWorks name, the AssetWorks logos, and the product names associated with the System are trademarks of AssetWorks or third parties, and no right or license is granted with respect to their use. The System may contain intellectual property belonging to third parties. All such intellectual property is and shall remain the property of its respective owners. Except for the limited rights expressly granted herein, all right, title and interest in and to the Software, Custom Software, Work Product, and System are reserved by AssetWorks, and, except as expressly granted herein, nothing contained in this Agreement shall be construed as conferring any right, title, interest or license with respect to the Software, Custom Software, Work Product or System upon any Client Party, by implication, estoppel or otherwise.
In addition, City agrees and acknowledges that AssetWorks shall have an unlimited right to incorporate into any updates, upgrades, or modifications to the Software, Custom Software and the System rendered through use thereof all suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by any Client Party relating to the System. Such Software, Custom Software and System, as updated, upgraded, or modified, shall be owned by AssetWorks as provided in this Section. Nothing in this Section shall affect the ownership by City of any and all Contract Data or other City proprietary information.
8.2 Restrictions. Nothing in this Agreement shall be construed as a grant to City of any right to, and City shall not, and shall not permit any Client Party to: (i) reproduce, license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the System or any portion thereof; (ii) distribute, disclose or allow use of any of the System, or any portion thereof, in any format, through any timesharing service, service bureau, network or by any other means, to or by any third party; (iii) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms of the System in any manner; (iv) create derivative works from, modify or alter any of the System in any manner whatsoever; (v) interfere with any third party’s use and enjoyment of the System; (vii) attempt to DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 410 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First 7 gain unauthorized access to the System, accounts, computer systems, or networks connected to any AssetWorks’ server; or (vi) use any robot, spider or other automatic device or manual process to monitor or copy portions of the System.
8.3 Contract Data. City shall own all right, title and interest in and to the Contract Data, which shall never be deemed to be Software, Custom Software, System, or Work Product, even if delivered or incorporated therewith. AssetWorks shall have no responsibility, whatsoever, for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership of Contract Data, and AssetWorks shall not review, monitor or check the Contract Data except as necessary to provide the System to Client and ensure the operation of the System in accordance with this Agreement. AssetWorks shall not be responsible or liable, in any way, for the deletion, destruction, damage or loss of any Contract Data through no fault of AssetWorks or its providers without limiting AssetWorks’ liability to maintain backup data as set forth in the Statement of Work.
8.4 Custom Software. As between AssetWorks and City, AssetWorks shall be the sole and exclusive owner of all right, title, and interest in and to all Work Product and all Proprietary Rights subsumed therein. City expressly acknowledges and agrees that the Work Product shall not constitute work made-for-hire under the United States Copyright Act, and that AssetWorks shall have the exclusive right to protect the Work Product by patent, copyright, or any other means.
Work Product shall be made available to City as part of the System to the extent set forth in the Statement of Work, and City shall have no other right to use any Work Product.
8.5 Notices of Infringement. Upon notice from AssetWorks, City agrees to reasonably cooperate with and assist AssetWorks (at AssetWorks’ sole expense) in protecting, enforcing and defending AssetWorks’ rights in and to the System and any Work Product.
9. Software Warranty. AssetWorks warrants that it has the right to license the Software to City.
AssetWorks further represents that the Software will conform to the description contained in the documentation published or provided by AssetWorks (“Documentation”). Except as provided in this Section, AssetWorks makes no other representations, warranty, or guarantees, express or implied, with respect to the accuracy, completeness, or usefulness of the Software, INCLUDING EXPRESS OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In the event the Software fails to conform to the description contained in the Documentation, AssetWorks’ sole obligation shall be to correct the errors in accordance with this section.
This limited warranty is in lieu of all liabilities or obligations of AssetWorks for damages arising out of or in connection with the delivery, use or performance of the Software, with the exception of AssetWorks’ obligations to defend and indemnify with respect to any third-party liability, claims, demands, damages, or costs pursuant to Section 12 below.
9.1 Software Warranty Term and Response. The warranty period for the Software shall extend for a period of 90 days from the date of delivery of the Software. During the warranty period, in the event that the City encounters an error and/or malfunction whereby the Software does not conform to the description in the Documentation, AssetWorks will respond as follows:
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 411 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First 8 a. In the event that, in the mutual and reasonable opinion of AssetWorks and the City, there exists an error or nonconformance to the Documentation that constitutes a serious impediment to the normal intended use of the Software, AssetWorks will take such steps as are reasonably required to correct the error with due dispatch.
b. In the event that, in the mutual and reasonable opinion of AssetWorks and the City, the error or nonconformance to the Documentation does not constitute a serious impediment to the normal intended use of the Software, AssetWorks will correct the error and distribute the correction to City in accordance with AssetWorks’ normal Software revision schedule.
10. Services. AssetWorks represents and warrants that the Services shall be performed in a professional and commercially reasonable manner consistent with the standard of care exercised by AssetWorks in performing similar services for other clients. City’s remedy for breach of this warranty shall be reperformance of the nonconforming Service, provided that AssetWorks must have received written notice of the nonconformity from City no later than 30 days after the original performance of the Service by AssetWorks. If AssetWorks is unable to re-perform the nonconforming Service through the remedy set forth above, then such remedy shall not be an exclusive remedy and City shall not be limited in its remedies except as otherwise set forth in this Agreement.
11. Insurance. Prior to commencing work, AssetWorks must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the System by Vendor or Vendor’s agents, representatives, employees or subconsultants for the duration of this Agreement. AssetWorks must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit F, Insurance Requirements and Verifications.
12. Indemnification.
12.1 General Indemnification. AssetWorks agrees to defend, indemnify and protect City, its agents, officers, boards and commissions, and employees (collectively, “City Indemnitees”) from and against any and all third-party liability, claims, demands, damages, or costs, including but not limited to attorneys’ fees, or payments for injury to any person or property (collectively, “Losses”), alleged to arise out of any alleged acts, errors, or omissions of Vendor in connection with its performance under this Agreement. AssetWorks’ responsibilities to defend, indemnify and protect under this Section 12.1 do not include any Losses arising from the sole negligence or willful misconduct of the City Indemnitees.
12.2 Infringement Claims. AssetWorks agrees to indemnify, defend, settle, or pay any third-party claim or action against any Client Party for infringement of any U.S. patent or copyright arising from City’s use in accordance with this Agreement of the System. If the System or any part of the System is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, AssetWorks shall, at its own expense and as City’s sole remedy therefor, either: (i) procure for City the right to continue to use the System; or (ii) modify the System to make it non-infringing, provided that such modification does not materially adversely affect City’s authorized use of the System; or (iii) replace the System with a functionally equivalent non-infringing program at no additional charge to City; or (iv) if none of DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 412 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First 9 the foregoing alternatives is reasonably available to AssetWorks, terminate this Agreement and refund to City any prepaid but unearned fees paid to AssetWorks.
12.3 Condition of Indemnification. Defense and payments by AssetWorks under this Section 12 are conditioned on the following: (1) AssetWorks shall be promptly notified in writing by the City following its receipt of any such indemnity claim as defined above; and (2) AssetWorks shall have the sole control of the defense of any action on such indemnity claim and all negotiations for its settlement or compromise.
12.4 Conduct of Defense. Notwithstanding AssetWorks’ obligation to defend the City Indemnitees hereunder, City has the right to conduct the defense of the City Indemnitees at its own expense if City chooses to do so.
13. Limitation of Liability. City agrees that AssetWorks’ total liability to City for any and all damages whatsoever arising out of or in any way related to this Agreement from any cause, including but not limited to negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not, in the aggregate, exceed fees paid to AssetWorks. In no event shall AssetWorks be liable for special, indirect, incidental, economic, consequential or punitive damages, including but not limited to lost revenue, lost profits, replacement goods, loss of technology rights or services, loss of data, or interruption or loss of use of software or any portion thereof regardless of the legal theory under which such damages are sought even if AssetWorks has been advised of the likelihood of such damages, and notwithstanding any failure of essential purpose of any limited remedy. The limitation on liability set forth in this Section 13 does not limit AssetWorks’ obligations to defend and indemnify with respect to any third-party liability, claims, demands, damages, or costs pursuant to Section 12 above.
14. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:
All notices, demands, requests or approvals to the City:
Public Works Operations
City of Santa Monica
2500 Michigan Avenue, Building 6
Santa Monica, CA 90404
Attention: Ivo Nkwenji
Re: Contract No. 10801
with a copy to:
Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, CA 90401
Attention: City Attorney
Re: Contract No. 10801
All notices, demands, requests or approvals to AssetWorks:
AssetWorks LLC
998 Old Eagle School Rd. – Suite 1215
Wayne, PA 19087
Attn: Rob Hallett
Re: Contract No. 10801
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 413 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First 10 with a copy to:
Director of Contracts
AssetWorks LLC
998 Old Eagle School Rd. – Suite 1215
Wayne, PA 19087
Re: Contract No. 10801
15. Prohibition Against Transfers.
15.1 AssetWorks shall not assign, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City, which shall not be unreasonably withheld. Any attempt to do so without the City’s consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease, hypothecation or transfer.
15.2 Notwithstanding the foregoing, no written consent shall be required for AssetWorks to assign, hypothecate or transfer this Agreement to (i) any parent or wholly owned subsidiary or (ii) to a successor by way of a merger, acquisition, sale, transfer or other disposition of all or substantially all of its assets, provided that for either (i) or (ii) AssetWorks provides City with written notice of such assignment.
15.3 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of AssetWorks or of any general partner or joint venturer or syndicate member of AssetWorks, if a partnership or joint venture or syndicate exists, which results in changing the control of AssetWorks, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.
16. Default and Termination.
16.1 Right to Terminate for Cause; Notice and Opportunity to Cure. Either Party may terminate this agreement for cause if the other Party materially breaches any of the provisions of this Agreement and fails to cure such breach within 30 days after receipt of written notice thereof. In the event a longer period is required to complete a cure, the Parties may agree to extend such time periods provided that the breaching Party has commenced and continues to cure within the extended time period.
16.2 Rights Upon Termination. Upon termination of this Agreement by either party for any reason:
i. All licenses granted to the City under this Agreement shall terminate and revert immediately to Vendor, subject to other provisions of this Agreement regarding the City’s right to access its Contract Data.
ii. AssetWorks shall promptly transmit or cause to be transmitted the Contract Data in a form readable and accessible by the City. AssetWorks agrees to cooperate with the City for the transmittal of the information in a form reasonably acceptable by the City. iii. The City’s rights to the Contract Data shall be unequivocal and shall survive the termination of this Agreement.
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 414 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First 11 iv. Upon termination of this Agreement, City will pay AssetWorks any compensation earned and unpaid up to the effective date of termination.
17. Escrow Company. During the Term of this Agreement, AssetWorks agrees to store the source code at City expense (costs to cover this are included in Exhibit E) with NCC Group Escrow Associates, LLC, pursuant to the Standard/Registered Multi Licensee Deposit Account Software Escrow Agreement attached hereto as Exhibit G (“Software Escrow Agreement”), with the City enrolled as a Registered Licensee with respect to the source code for the Software pursuant to the terms of the Software Escrow Agreement. The release conditions for such source code escrow shall be those specified in Section 7 of the Software Escrow Agreement, which include: (i) failure of AssetWorks to function as a going concern or operate in the ordinary course, and (ii) AssetWorks is subject to voluntary or involuntary bankruptcy.
18. Records.
18.1 AssetWorks must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. AssetWorks must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.
18.2 AssetWorks must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. AssetWorks must clearly identify all records and make them readily accessible to the City. At the City’s request, AssetWorks must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.
18.3 AssetWorks must allow the City to have free access to AssetWorks’ books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit AssetWorks’ records, and AssetWorks agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by AssetWorks, AssetWorks agrees to pay the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.
19. Data Retention. All Contract Data is the property of the City. At any time during the term of this Agreement at the City’s request or upon the termination of this Agreement for any reason, AssetWorks shall, and shall instruct all authorized persons to, promptly return to the City all copies, whether in written, electronic or other form or media, of Contract Data in its possession or the possession of such authorized persons. AssetWorks shall also securely dispose of all remaining copies in Vendor’s possession, if the City so instructs, and certify in writing to the City that all Contract Data, including Protected Information, has been returned to City or disposed of securely, as requested by the City. AssetWorks shall comply with all directions provided by the City with respect to the return or disposal of Contract Data, including Protected Information.
20. Standard of Care. AssetWorks agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of AssetWorks’ profession under similar conditions.
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 415 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First 12 21. Subconsultants. With the exception of NetworkFleet, which will be providing hardware and installation services in connection with the telematics solution as set forth in Exhibits B and J, AssetWorks does not intend to use any subconsultants to perform any part of the Services. City consents to the use of NetworkFleet. If AssetWorks proposes to have any other subconsultant perform any part of the Services, AssetWorks must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant’s services. The City, in its sole discretion, may grant or deny the request. AssetWorks will be responsible for the quality of any subconsultant’s work.
22. Data Security. To the extent AssetWorks will collect, access, use, store, dispose of, or disclose Confidential Information, including Protected Information, the following provisions will apply.
22.1 AssetWorks represents and warrants that it will comply with all applicable federal, state, and local privacy and data protection laws, as well as all other applicable regulations.
22.2 AssetWorks shall implement administrative, physical and technical safeguards to ensure security of Confidential Information, that are no less rigorous than accepted industry practices including National Institute of Standards and Technology (NIST) 800-53, Center for Internet Security (CIS) controls, the International Organization for Standardization’s standards (ISO/IEC 27001:2013 – Information Security Management Systems – Requirements and ISO-IEC 27002:2013 – Code of Practice for International Security Management), the American Institute of Certified Public Accountants trust principals for security, confidentiality, and availability (SOC 1 and SOC 2), and the Information Technology Library (ITIL) standards. Vendor shall ensure that all such safeguards, including the manner in which Protected Information is collected, accessed, used, stored, processed, disposed of and disclosed, comply with all applicable data protection and privacy laws, as well as the terms and conditions of this Agreement. Further, AssetWorks agrees to provide City with a copy of its annual SSAE 16 SOC 2 Audit Report upon City’s request, subject to such report being treated as Confidential Information under the terms of this Agreement.
22.3 If in the course of this engagement AssetWorks has access to or will collect, access, use, store, process, dispose of or disclose credit, debit or other payment cardholder information, AssetWorks shall at all times remain in compliance with the Payment Card Industry Data Security Standard (“PCI DSS”) requirements, including remaining aware at all times of changes to the PCI DSS and promptly implementing all procedures and practices as may be necessary to remain in compliance with the PCI DSS at AssetWorks’ sole cost and expense.
22.4 All employees and subcontractors given access to any Confidential Information must agree to abide by the terms of the Agreement and restrict use of Confidential Information only for subcontractors or employees’ internal business purposes and only as necessary for the execution of the Agreement.
22.5 AssetWorks’ failure to adequately protect Confidential Information resulting in a Data Breach is a material breach of this Agreement. In such event, City may terminate the Agreement effective immediately upon written notice to AssetWorks without further liability or obligation to City.
22.6 AssetWorks shall ensure all Confidential Information remains within the United States and is not transbordered out of the country without prior written authorization by City.
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 416 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First 13 23. Data Breach. In the event of any Data Breach, AssetWorks shall promptly notify City and cooperate with any remedial and notification requirements.
23.1 AssetWorks shall provide notice by email and telephone of any Data Breach as soon as possible, but no later than 24 hours after learning of the Data Breach. The notice shall include a detailed report of the information breached, including names, contact information, and data that was compromised.
23.2 Immediately following notification of a Data Breach, AssetWorks shall coordinate with City to jointly investigate the incident, and AssetWorks agrees to (1) assist with any investigation; (2) provide City with access to facilities and operations impacted by the Data Breach; (3) provide status reports on any internal investigations as frequently as requested by City; (4) facilitate interviews with Vendor’s employees and others involved in the Data Breach; and (5) make available all relevant documents and data, electronic or in paper form, necessary to comply with all applicable laws, regulation, industry standards as otherwise requested by City.
23.3 AssetWorks shall immediately remedy any Data Breach and, at AssetWorks’ sole expense, take all necessary steps to prevent any further Data Breach accordance with all applicable privacy rights, laws, regulations, and standards.
23.4 AssetWorks shall not inform any third party of a Data Breach without first obtaining City’s written consent to do so, other than to inform a complainant that the matter or inquiry has been forwarded to the appropriate City office for review or as otherwise required by law. AssetWorks shall consult with City to determine (1) whether notice of a breach should be provided to any individuals, regulators, law enforcement agencies, consumer reporting agencies, or others as required by law, regulation, or otherwise in the City’s discretion; and (2) the content of any such notice, whether and what type of remediation may be offered, and the nature and extent of any such remediation.
23.5 AssetWorks shall fully cooperate in any litigation or other action deemed necessary by the City following any Data Breach.
24. Integrated Agreement. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modifications of this Agreement will be effective only by written execution signed by both City and AssetWorks and approved as to form by the City Attorney. This Agreement is the product of negotiation and compromise between the parties. Accordingly, notwithstanding California Civil Code Section 1654, in the event of uncertainty, the language shall not be construed against the Party causing the uncertainty. It is expressly agreed that if City issues a purchase order or other document for the services provided under this Agreement, such instrument will be deemed for City’s internal use only, and provisions contained therein shall have no effect whatsoever upon this Agreement.
25. Permits and Licenses. AssetWorks, at its sole expense, shall obtain and maintain during the term of this Agreement, all required business and professional permits, licenses and certificates.
26. Compliance With Law. Each Party shall comply with all applicable federal, state and local laws, including all ordinances, rules and regulations.
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 417 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First 14 27. Nondiscrimination. In rendering services under this Agreement, AssetWorks shall not discriminate based upon race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability and shall comply with the requirements of all federal, state and local law.
28. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
29. Venue and Jurisdiction. The City and AssetWorks agree that a significant portion of the Services will take place in Los Angeles County and that any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The Parties agree that venue exists in either court, and each Party expressly waives any right to transfer to another venue. The Parties further agree that either court will have personal jurisdiction over the Parties to this Agreement.
30. Survival of Terms and Obligations. Any provision of this Agreement that by its nature must be exercised after termination of this Agreement will survive termination and remain effective for a period of three years after termination. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement for a period of three years after termination.
31. Force Majeure. In the event of delays to the performance of obligations (other than payment obligations) due to circumstances beyond each party’s reasonable control, including without limitation, acts of God, fires, floods, earthquakes, wars, civil disturbances, terrorism, or sabotage (a “Force Majeure Event”), each Party will have no liability for any such failure or delay to the extent that it promptly uses commercially reasonable efforts to minimize any resulting delay in or interference with the performance of its obligations hereunder.
32. No Third Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any party other than the Parties to this Agreement.
33. Publicity. Without prior written approval signed by an authorized representative of the other Party, neither Party shall, directly or indirectly, (i) use the other Party’s name or any of the other Party’s trademarks, service marks or logos, or (ii) make any public announcement related to this Agreement or the System. Notwithstanding the foregoing, AssetWorks may disclose the fact that City has procured a license for the System; provided that AssetWorks will not make any public announcement of such fact or state or imply that City endorses or recommends the Services without the prior written permission of City.
34. Severability. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
35. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.
36. Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.
Exhibit A Request For Proposals
Exhibit B AssetWorks’ Proposal, Best and Final Offer, and Updated Quote of 4-3-2019 DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 418 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First 15 Exhibit C Project Schedule
Exhibit D Statement of Work
Exhibit E Fee, Budget and Compensation Schedule
Exhibit F Insurance Requirements
Exhibit G NCC Software Escrow Agreement
Exhibit H AssetWorks’ Software Hosting Terms
Exhibit I AssetWorks’ Software Maintenance Terms
Exhibit J AssetWorks’ GPS Hardware Purchase, Software License and Service Terms Exhibit K AssetWorks’ Hardware Purchase Terms (FuelFocus) IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ____________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: ____________________________
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA City Attorney
6/24/2019
Lane Dilg
John H. Hines III
6/26/2019
President
AssetWorks LLC
City Manager
6/27/2019
Rick Cole
6/27/2019
Denise Anderson-Warren
City Clerk
5.G.b
Packet Pg. 419 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 420 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 421 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 422 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 423 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 424 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 425 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 426 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 427 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 428 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 429 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 430 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 431 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 432 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 433 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 434 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 435 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 436 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 437 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 438 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 439 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 440 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 441 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 442 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 443 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 444 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 445 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 446 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 447 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 448 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 449 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 450 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 451 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 452 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 453 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 454 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 455 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 456 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 457 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 458 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 459 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 460 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 461 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 462 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 463 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 464 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 465 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 466 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 467 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 468 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 469 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 470 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 471 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 472 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 473 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 474 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 475 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 476 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 477 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 478 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 479 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 480 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 481 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 482 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 483 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 484 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 485 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 486 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 487 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 488 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 489 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 490 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 491 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 492 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 493 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 494 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 495 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 496 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 497 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 498 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 499 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 500 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 501 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 502 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 503 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First Exhibit B
AssetWorks’ Proposal, Best and Final Offer, and Updated Quote of 4-3-2019 DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 504 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First Exhibit B -- Page 1
AssetWorks Response to:
City of Santa Monica
Request for Proposal
Fleet Asset Management System with
Telematics Solution
DUE DATE:
12 April 2018
POINT OF CONTACT:
Tyler Beaty, National Account Manager
998 Old Eagle School Road, Suite 1215 | Wayne, Pennsylvania 19087 Tel: 916.230.4458 | [email protected]
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 505 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First 1 | Page
Table of Contents
1. Letter of Transmittal .................................................................................................................................2
2. Qualifications............................................................................................................................................4 About AssetWorks ....................................................................................................................................4 About FleetFocus ......................................................................................................................................6 Response to Technical Specifications ....................................................................................................... 8
3. Key Personnel............................................................................................................................................9
4. References ..............................................................................................................................................12
5. Project Work Plan ...................................................................................................................................13
6. Cost Proposal ..........................................................................................................................................14 Exceptions...................................................................................................................................................22 Attachments‐ Required Forms.................................................................................................................... 28 Appendix .....................................................................................................................................................29 Exhibit B -- Page 2
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 506 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First 2 | Page
1. Letter of Transmittal
12 April 2018
City of Santa Monica Public Works Department
Street & Fleet Services Division
2500 Michigan Ave, Bldg. 6
Santa Monica, CA 90404
Attn: Reddy Rathnakar
RE: Request for Proposal: Fleet Asset Management System with Telematics Solution Dear Mr. Rathnakar:
AssetWorks LLC is pleased to present its response to the City of Santa Monica’s Request for Proposal for a Fleet Asset Management System (‘FAMS’) with a Telematics Solution. AssetWorks has carefully reviewed the RFP and is confident our proposed solution, FleetFocus, along with our telematics partner, Verizon Networkfleet, will meet the City’s expectations.
The City can be assured that, along with software, AssetWorks provides a practiced approach to data conversions, integrations, and system implementation. Our success in understanding needs, implementing and configuring systems, and providing on‐going support has led to an impressive track record of over 500 implementations without a single failure. We have experience in converting legacy data from your current Chevin system and are the only vendor to offer a fully integrated, real time fuel management system with FuelFocus.
The proposed FleetFocus solution is in use at over 175 cities across North America—including 37 municipal and city governments within the State of California—and would provide the functionality the City needs to collect, manage, and analyze its fleet data, including, but not limited to, labor, vehicles, fueling, capital planning, and third‐party integrations, all while tracking non‐stationary assets using our telematics partner, Verizon Networkfleet.
The following representative is your point of contact for clarification and contract purposes:
Name Tyler Beaty
Title National Account Manager
Email [email protected]
Phone/Fax 916.230.4458/ 610‐971‐9447
Address 998 Old Eagle School Rd, Suite 1215, Wayne, PA 19087 The following representative(s) will be signing on behalf of AssetWorks for all contractual obligations:
Name Gordon Smith John H. Hines III
Title Vice President President
Email [email protected] [email protected] Phone/Fax 610.687‐9202/ 610‐971‐9447 610.687.9202
Address 998 Old Eagle School Rd, Suite 1215, Wayne, PA 19087 Exhibit B -- Page 3
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 507 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First 3 | Page
If desired, AssetWorks can offer the City the services of a completely hosted environment in our SSAE16 SOC2 certified/ ISO27001 compliant hosting facility. The AssetWorks Data Center has been granted the designation of Authorized to Operate (‘ATO’) under FISMA guidelines for NIST800‐53 by the Department of Justice at the behest of the Department of Homeland Security, a current AssetWorks customer.
Finally, as a stand‐alone subsidiary of Constellation Software Inc., AssetWorks can provide the assurance of a financially stable organization with the transparency of a publically traded corporation.
Thank you for your time and attention. We look forward to the opportunity to discuss our proposal with the City of Santa Monica.
I, John H. Hines, III, as President of AssetWorks LLC, am authorized to bind the corporation and confirm the enclosed pricing to be valid for 180 days from 12 April 2018.
Sincerely,
John H. Hines III
President
Acknowledgement of Addenda:
Addendum #1 Dated 5 April 2018
Exhibit B -- Page 4
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 508 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First 4 | Page
2. Qualifications
About AssetWorks
AssetWorks LLC was founded in 1979 as a company devoted to providing innovative and practical enterprise asset maintenance management software solutions to help its customers and the people they serve. AssetWorks’ suite of COTS software applications are in use at over 575 public and private sector organizations throughout North America and currently helps its customers manage over 4 million vehicles and 10 million equipment assets every day.
AssetWorks, the sole proprietor of the FleetFocus solution, is a subsidiary of Constellation Software, Inc. (CSI) which was founded in 1993 to provide Enterprise Asset Management solutions to both the public and private sector. In its role as an industry leading fleet management software provider, AssetWorks employs some 280+ persons who provide development, support and consulting services and is not so much a technology company selling asset software, as a total asset maintenance management company offering complete asset management solutions. AssetWorks has the human resources, financial backing, subject matter expertise, and system methodologies to assess and make recommendations to complex asset management systems. Our track record provides assurance of our professionalism and organizational skill working in tandem with a depth of knowledge unmatched in the industry.
AssetWorks is headquartered in Wayne, PA, which is also home to our Data Center. Support and maintenance of the proposed FleetFocus system is managed from our Spokane Valley, WA location. We also maintain regional offices in San Diego (CA), San Antonio (TX), Spokane (WA), Calgary (AB) and Leeds (UK). AssetWorks does all its own development work and does not off‐shore or outsource development or support services to third party companies.
California Representation
Enjoying a strong presence and loyal customer base in the State of California, AssetWorks provides the proposed FleetFocus solution to 85 organizations throughout the state including the cities of San Diego, Riverside, Los Angeles and Sacramento. Over 25 of these California customers have expanded their commitment to the AssetWorks products and have installed our fully integrated, real time fuel management system; FuelFocus, to work in tandem with FleetFocus.
Exhibit B -- Page 5
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 509 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First 5 | Page
Additionally, AssetWorks offers out‐of‐the‐box passive and active GPS options for our customers.
Partnering with Verizon Networkfleet since 2002 for active GPS, we have provided 86 joint customers with an integrated AVL/GPS solution that provides real time alerts and predictive and preventive maintenance data to the FleetFocus application utilizing hardware that connects directly to the vehicles JBUS or OBDII. AssetWorks and Networkfleet have partnered on 25 municipal projects in California alone as well as large and comprehensive statewide deployments in Texas, Virginia, Oklahoma and Minnesota. Both companies are committed to providing cutting edge solutions and embracing advanced technology while remaining focused on the end‐user.
As a robust and working integration already exists between AssetWorks’ FleetFocus and the proposed Networkfleet technology, the City would be able to realize the benefits of the GPS/AVL technology immediately upon implementation!
Exhibit B -- Page 6
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 510 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First 6 | Page
About FleetFocus
AssetWorks’ FleetFocus is the most functionally and technologically advanced maintenance management software available today. Built on a solid foundation of 30 years of experience in the maintenance management software industry, the FleetFocus solution uses the common building blocks of maintenance management, while incorporating industry‐specific features and best practices from those markets served. AssetWorks delivers strong maintenance management products that meet the needs of vehicles or other moving assets and equipment used in varied operations within an integrated solution housed on a single database (either Oracle or MSSQL), which provides significant productivity and financial advantages to our customers. FleetFocus clients span a range of industries, including utilities federal, state, city, county, governments, airlines, educational institutions, large trucking companies, and various private industry enterprises. All of these clients contribute collaboratively to the relevancy and continued growth of the application.
FleetFocus capabilities provide real management input and analysis, which provides organizations the tools to save hundreds of thousands of dollars per year. These potential savings result from a wide range of management actions taken in response to conditions identified or highlighted by FleetFocus, such as:
Improved effectiveness of equipment replacement programs based on analysis of cost and performance data
Custom integration between FleetFocus and Tyler‐Munis financial system as well as interfaces from a wide variety of third‐party vendors, including EJ Ward Improved fleet size and configuration through accurate information collection on equipment usage and demand for availability
Efficiency improvement through vendor management for commercial repairs Improved communication between customers with built‐in notifications Equipment cost reductions through improved warranty tracking for equipment, major components, and parts
Equipment cost reductions through more effective preventive maintenance Increased labor productivity through analysis of mechanics’ time expended in shops Equipment cost reductions through identification of excessive cost and consumption Inventory cost reductions through better stocking and purchasing decisions, including parts obsolescence
AssetWorks FleetFocus Can Help Organizations Answer:
Why is equipment out of service?
How well are outside vendors performing?
How productive is the maintenance workforce?
What portion of our work is proactive vs. reactive (scheduled vs. unscheduled)? How often do we do repeat work?
What work qualifies for warranty?
Are we recovering money from claims submitted?
Is the inventory investment optimal?
Which assets or vehicles are running at excessive costs and why? What assets or vehicles need to be replaced?
What is the total cost of ownership of our assets?
FleetFocus is a fully scalable, web‐based application that is easy to deploy and economical to maintain.
All application maintenance and upgrades are zero‐client and are applied one time to the application Exhibit B -- Page 7
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 511 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First 7 | Page
server, reducing the time and cost needed to deploy the application. The system is capable of tracking an unlimited number of equipment units and supporting an unlimited number of workstations from any number of locations. As a proven solution, the proposed FleetFocus system boasts maximum performance and responsiveness, however, as the City is aware, the performance of any web‐based application is reliant on the network on which it resides. Our Data Center customers enjoy a 99.8% uptime and high level response and performance.
Finally, AssetWorks can provide a Business Process Review (BPR) as part of the FleetFocus implementation. This in‐depth analysis is performed by an AssetWorks fleet professional who will to assess current state processes and make fact‐based recommendations for future state processes utilizing FleetFocus thus streamlining the City fleet’s goals as stated in the Technical Requirements.
AssetWorks had also included information on our Capital Asset Management (CAM) module; the industry’s first software solution specifically designed to help Asset Managers do their job more efficiently and economically. CAM is designed to support any type of mechanical asset, including vehicles; rail and off‐road equipment; trailers and towed equipment tools; stationary equipment and machinery; communications, computers and networking hardware; HVAC and plant equipment. The flexible Asset data model supports both simple assets and complex assets built from multiple components. CAM can has four primary modules: Analytics, Planning and Budgeting, Procurement, and Remarketing. Each module is linked to a central Asset Register and Data Mart, which is integrated with the maintenance system. Additionally, CAM can be integrated with an ERP system like Tyler‐Munis to support procurement, disposal and fixed asset management functions in those system. Implementing CAM would offer the City the totality of true cradle‐to‐grave asset management.
Please note: Both the BPR and CAM can be considered optional software and services and AssetWorks can adjust our proposal accordingly based on the City’s preference.
Recent Implementations
In the past five years, AssetWorks has implemented our FleetFocus solution over 160 times for both large public sector organizations such as the City of New York and the State of Texas DOT as well as medium sized agencies such as the cities of San Luis Obispo, Idaho Falls and Garden Grove. We understand the vital work provided by our customers to their customers and employ a proven methodology to minimize interruptions and maximize knowledge retention. Please see the reference section for a list of customers most similar to Santa Monica in size and business processes.
Exhibit B -- Page 8
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 512 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First 8 | Page
Response to Technical Specifications
Please see the following pages for AssetWorks’ complete response to the City’s Requirements List.
Exhibit B -- Page 9
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 513 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
Number Requirements List Complies.
Yes/No
Exceptions or Clarifications
Yes/No
1.00 System Technology
1.01 Data resides on MS SQL
Server databases.
Yes
1.02 MS Window, zero‐client, web‐
browser based environment.
Yes
1.03 Password protection via MS
Windows network
authentication and/or app‐
level password protection.
Yes
1.04 Multiple levels of user defined
system security to protect
information and system
integrity.
Yes
1.05 Multiple levels of system
security rights to include
insert, delete, edit, view,
update, and others.
Yes
1.06 Real‐time update of all data at
the time of transaction.
Yes
1.07 Allow multiple tasks on each
workstation to include
simultaneous report
generations.
Yes
1.08 Allow batching to process work
creations, changes and updates.
Yes
1.09 Provide system validations to
ensure data integrity (e.g.,
negative mileage).
Yes
1.10 Allow unlimited number of
records (e.g., assets, drivers,
work orders, inventories,
departments, etc.).
Yes
1.11 Utilize common, fleet industry
recognized classification coding
conventions throughout the
system (e.g., vehicle classes,
task codes, employee codes,
location codes, etc.).
Yes
1.12 Maintains user defined
customization and
automatically migrate to
future releases &
enhancements.
Yes
Exhibit B -- Page 10
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 514 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
1.13 Ability to interface with other
applications such as fuel,
telemetric, GPS, and others.
Yes
1.14 Supports bar code technology
(e.g., readers, scanners, and
printers).
Yes
1.15 Supports mobile computing
technology (e.g., wireless
devices, handhelds, RFID,
laptops, Blackberry, etc.).
Yes
1.16 Supports third‐party reporting
tools (e.g., Crystal, etc.).
Yes
1.17 Supports "dashboard" graphical
reporting tools.
Yes
2.00 System
Capabilities
2.01 Ability to have unlimited
number of active and
inactive/retired records (e.g.,
assets, departments, drivers,
work orders, vendors, parts,
etc.).
Yes
2.02 Maintain historical information
on inactive/retired assets no
longer part of the fleet.
Yes
2.03 Ability to cut, copy and paste
within the fleet management
information system and
across applications.
Yes
2.04 Ability to import and export
data, records, tables and files.
Yes
2.05 Allow user to export data to
Access and/or Excel formats.
Yes
2.06 Ability to generate reports in
Excel and print hardcopies.
Yes
2.07 Ability to use multiple filters to
query and search data fields
on screens.
Yes
2.08 Ability for user to add and
save custom filters on
screens.
Yes
2.09 Ability to view, query, capture,
perform, record and save
work (interact with system
online/screen) in real‐time.
Yes
2.10 Ability to print hardcopies as
required.
Yes
2.11 Ability to perform work
simultaneously in multiple
screens without first existing
the current screen.
Yes
Exhibit B -- Page 11
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 515 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
Number Requirements List Complies.
Yes/No
Exceptions or Clarifications
Yes/No
2.12 Ability to perform multiple
functions on various
workstations simultaneously
on a single asset (e.g., posting
work order labor, authorizing
pump at fuel station, updating
department assignment, etc.).
Yes
2.13 Ability to run multiple reports
and perform standard functions
simultaneously in real time (e.g.,
run PM Due report, post work
order labor, authorize pump at
fuel station, check parts
inventory, etc.).
Yes
2.14 Ability to automatically
populate data fields as
required (e.g., date, time,
default location, etc.).
Yes
2.15 Ability to use "wildcards" to
search for data (e.g., Chevy*,
Chrysler, etc.).
Yes
2.16 Ability to move and/or hide
columns, rows, individual data
fields display on screen.
Yes
2.17 Ability to use color‐codes to
highlight data display on
screens.
Yes
2.18 Identify source and date of
data record (e.g., meter
reading of 12,345 originated
from 1/25/2008 fuel
transaction) and display the
same on screens.
Yes
2.19 Ability to copy and paste a
complete asset's primary
record (e.g., year, make,
model, description, color,
price, PO#, PO date,
warranty, etc.).
Yes
2.20 Provide standard English
nomenclature for year, make,
model, serial number, costs,
etc.
Yes
2.21 Ability to fully implement and
utilize any and all future
application releases, upgrades,
and/or enhancements.
Yes
Exhibit B -- Page 12
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 516 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
Number Requirements List Complies.
Yes/No
Exceptions or Clarifications
Yes/No
3.00 Financial and Accounting
3.01 Allow calendar year and user‐
defined fiscal year.
Yes
3.02 Support governmental
accounting and financial
reporting methods.
Yes
3.03 Support straight‐line, time,
declining balance, and other
depreciation methods.
Yes
3.04 Support moving average, First
In First Out (FIFO), Last In First
Out (LIFO) cost
accounting methods.
Yes
3.05 Support lease finance, lease
purchase, and other capital
procurement methods.
Yes
3.06 Ability to allocate costs
between 2 or more cost
centers/departments.
Yes
3.07 Ability to audit any and all
records.
Yes
4.00 System Administration
4.01 Provide System Administrator
capability and supports multiple
user‐defined System
Administrators.
Yes
4.02 Provide System Administrator
unrestricted access to the
whole system.
Yes
4.03 Allow online system archives /
backups with fast and easy data
recovery.
Yes
4.04 Ability to customize the system
calendar for non‐work days,
non‐work hours,
holidays, etc.
Yes
4.05 Ability to restrict users to
specific departments, groups,
functions, menus, character
fields, etc., as required.
Yes
4.06 Ability to restrict users to
specific tasks such as view
only or update only as
required.
Yes
4.07 Ability to globally assign sales
tax, tax exemptions, and
discounts to vendor records.
Yes
4.08 Allow global changes to
specific data fields (e.g.,
Yes
Exhibit B -- Page 13
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 517 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
Number Requirements List Complies.
Yes/No
Exceptions or Clarifications
Yes/No
department ID number, billing
rates).
Yes
4.09 Allow renumbering of asset
identification numbers.
Yes
4.10 Allow re‐zeroing of work order
numbers every year (e.g., work
order #001 for year 2008 and
#001 for year 2009 and so on).
Yes
5.00 User Interface
5.01 Utilize zero‐client, web‐
browser based interface on
each workstation.
Yes
5.02 View and print any work in detail,
regardless of
completion, so long as work is in
system.
Yes
5.03 Browse function for accessing
records, work orders,
transactions, vehicle
assignments, etc.
Yes
5.04 User‐friendly menus &
features that prompt
infrequent users and have
short cuts for experienced
users.
Yes
5.05 Provides clear, concise error
messages and allow user to
respond to critical error
messages.
Yes
5.06 Visually distinguish between
required fields and view only
fields.
Yes
5.07 Allow ad hoc query and report
definitions to be saved and
used again.
Yes
5.08 Allow for the creation of custom
tailored user screens, menus,
and character fields.
Yes
5.09 Ability to perform all data
entry via keyboard and allow
for mice and keyboard
combination.
Yes
5.10 Provides a calendar pop‐up
for date fields.
Yes
5.11 Provide drop‐down menus
and choice‐lists to ensure
data entry accuracy.
Yes
Exhibit B -- Page 14
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 518 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
Number Requirements List Complies.
Yes/No
Exceptions or Clarifications
Yes/No
5.12 Provide unrestricted,
searchable notes/memo fields
for general comments.
Yes
5.13 Utilizes word‐wrap, cut, copy,
and paste in memo fields.
Yes
5.14 Provide lookups, filters, sorts,
and other common MS Window
tools.
Yes
5.15 Utilizes system icons to
launch and tabs to navigate
applications.
Yes
5.16 Allow user to create, define
and save personalized quick
launch icons.
Yes
5.17 Utilizes color‐codes to
distinguish between required
and view only fields.
Yes
5.18 Allow user to change and
save font size and colors on
each workstation.
Yes
5.19 Provide standard English
nomenclature for year, make,
model, serial number, costs,
descriptions, etc.
Yes
6.00 Technical and Customer
Supports
6.01 Live, 24 hour/7 day‐a‐
week/365 day‐a‐year
telephone technical support.
Yes
6.02 Live telephone support, 6
A.M. to 5:30 P.M., PST,
Monday ‐ Friday (business
hours), except national
holidays.
Yes
6.03 Business‐hours technical &
customer support staff must
have thorough product
knowledge, experience and
problem‐solving abilities.
Yes
6.04 Telephone technical and
customer support’s hold time
to not exceed 3 minutes.
Yes
6.05 Support staff have remote
system login and diagnostic
capabilities.
Yes
6.06 System documentations and
technical supports available via
internet, including local
changes & modifications.
Yes
Exhibit B -- Page 15
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 519 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
Number Requirements List Complies.
Yes/No
Exceptions or Clarifications
Yes/No
6.07 Provide system
documentations and user
handbook in electronic
format, available online.
Yes
6.08 Extensive on‐line tutorials and
help screens must be
available.
Yes
6.09 One or more application
releases, upgrades, and/or
enhancements per year.
Yes
6.10 Application releases, upgrades
and patches provided at no cost
during the
terms of the agreement.
Yes
6.11 Website allows download of
the application releases,
release notes, upgrades,
patches.
Yes
6.12 Every user must have access
to technical & customer
support.
Yes
6.13 Dedicated account
representative shall be
assigned to the City.
Yes
6.14 Provide a minimum of 2 senior‐
level emergency contact names
and mobile telephone numbers
to support
a declared emergency
operation.
Yes
6.15 Professional services
available for customization
work.
Yes
7.00 Training ‐ General and
Continuing Educations
7.01 Trainers must be a qualified
company employee or
certified representative.
Yes
7.02 Continuing education (e.g.
user conference, Webinar,
etc.) shall be available.
Yes
7.03 Onsite training shall be
available upon request after
installation.
Yes
7.04 Educational materials shall be
available online and
downloadable.
Yes
8.00 Training ‐ Installation and
Implementation
Exhibit B -- Page 16
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 520 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
Number Requirements List Complies.
Yes/No
Exceptions or Clarifications
Yes/No
8.01 Onsite training and materials
must be provided for initial
system installation and
implementation.
Yes
8.02 Onsite trainer must be a
qualified company employee
or certified representative.
Yes
8.03 Initial onsite training
requirements shall be no less
than the following:
Yes
8.04 24 hours for System
Administrators.
Yes
8.05 24 hours for Information
System support team.
Yes
8.06 16 hours for Shop
Supervisors.
Yes
8.07 16 hours for Shop
Technicians.
Yes
9.00 Asset Management
9.01 Ability to capture, track,
maintain, report and forecast
unlimited number of assets
(e.g., inventory, usage, etc.).
Yes
9.02 Ability to capture, track,
maintain, report and forecast
fleet lifecycle costs at the
individual, group, class, subclass
asset levels to include
acquisition, depreciation,
maintenance, repair, fuel, fluids,
disposition,
etc.
Yes
9.03 Ability to capture, track,
maintain and report costs by
month‐to‐date, year‐to‐date,
life‐to‐date, cost‐per‐mile, cost‐
per‐hour, cost‐per‐cycle,
etc.
Yes
9.04 Ability to define and report
fleet profile by asset age, year,
make, model, class, type,
status, assignment, fuel
type, emission class, color,
GVWR, and etc. as required.
Yes
9.05 Ability to capture, track,
maintain and report fleet
activities at the individual,
group, class, subclass asset
Yes
Exhibit B -- Page 17
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 521 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
levels to include assignment,
status, usage, meter
readings, domicile, etc.
9.06 Allow "parent‐child" asset
relationships on mounted
equipment’s (e.g., genset,
crane) and have full tracking
and reporting capabilities.
Yes
9.07 Ability to associate/link assets to
other external applications/files
(e.g., equipment specifications
in Word, accident damage
photos in JPEG,
manufacturer line sheet in
PDF, etc.).
Yes
9.08 Allow unique user defined
primary and secondary asset
numbers to track assets.
Yes
9.09 Asset number to be a
minimum 12‐character
alphanumeric field.
Yes
9.10 Have at least 2 meter reading
records for each asset (user to
define miles, hours,
gallons, cycles, etc.).
Yes
9.11 Meter readings shall have at
least 7‐positions (e.g.,
999,999 miles) .
Yes
9.12 Provide data validation where
necessary (e.g., meter roll‐
back prevention).
Yes
9.13 Provide usage/status codes
for purchase order,
acquisition, disposal, billing,
maintenance, etc.
Yes
9.14 Ability to assign each vehicle to
a user department, an
operator, repair shop,
maintenance schedule,
parking space, etc.
Yes
9.15 Ability to capture, track,
maintain and report fleet
disposal activities at the
individual, group, class, subclass
asset levels to include disposal
dates, methods, locations,
residual
value, sale prices, buyer info,
auctioneer info, etc.
Yes
9.16 Provide unrestricted
memo/notes field for general
comments.
Yes
Exhibit B -- Page 18
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 522 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
9.17 Track information on multiple
add‐on equipment’s to an
asset.
Yes
10.00 Motor Pool Management
10.01 Allow unlimited number of
motor pool assets and motor
pool locations.
Yes
10.02 Provide real‐time
reservation/confirmation and
dispatch/return functions.
Yes
10.03 Allow drivers to go online to
view motor pool availability by
types and locations.
Yes
10.04 Allow drivers to make online
reservations, confirmations,
and cancellations.
Yes
10.05 Allow multiple user defined
rental rates and calendars.
Yes
10.06 Allow unlimited number of
driver records to include
driver license numbers,
expiration dates, classes,
departments, billing codes,
addresses, phones, emails,
etc.
Yes
10.07 Ability to capture, track,
maintain, and report motor
pool costs and activities to
include hours, miles, cycles,
locations, dispatches,
cancels, no‐shows, etc.
Yes
10.08 Ability to interface with self‐
served systems (e.g., Invers,
Agiles) and car‐sharing
companies (e.g., CarShare,
Zipcar).
Yes AssetWorks Keyvalet system is unique
and offers complete integration to
electronic keybox and option to use
Verizon GPS integration to auto post
the meter update to the completed
reservation.
10.09 Ability to capture, track,
maintain, and report
commercial rental car and car‐
sharing (non City owned) pools
costs and activities to include
hours, miles, cycles, locations,
dispatches, cancels, no‐shows,
penalties,
etc.
Yes
10.10 Allow telemetric / GPS
interface.
Yes AssetWorks offers out‐of‐the‐box,
near real‐time integration with
Verizon Networkfleet
Exhibit B -- Page 19
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 523 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
11.00 Customer Billing and
Invoicing
11.01 Ability to itemize any and all
billings and invoices.
Yes
11.02 Allow cost‐allocations and no‐
charge provisions (e.g., 60% to
dept. A and 40% to dept.
B).
Yes
11.03 Ability to bill for entire
acquisition cost to include
administrative and capital
costs, equipment
modifications, specification
developments, etc.
Yes
11.04 Ability to calculate charges
and fees, with line items for
amortization, replacement,
O&M, fuel, etc.
Yes
11.05 Ability to bill on flat rate,
usage rate, time basis, cycles,
cost of labor, parts, fuel,
insurance, and any and
all combination of fixed,
variable, and actual costs.
Yes
11.06 Ability to bill for driver‐caused
work (driver misuse, accident
damage, etc.).
Yes
11.07 Ability to bill for work
completed, partially
completed, and to be
performed.
Yes
11.08 Ability to verify sufficient
funds as part of the
transaction.
Yes
11.09 Ability to hold work until
funding is available.
Yes
11.10 Ability to issue credits
(refunds).
Yes
11.11 Allow for manual (user)
override and adjustment of
charges.
Yes
11.12 Ability to not charge for any
rework.
Yes
11.13 Ability to bill for non‐fleet work
and/or labor (e.g., special
projects that take staff away
from repairs).
Yes
11.14 Ability to issue and charge
parts to an individual and/or
department (e.g., decals for a
street fair).
Yes
Yes
Exhibit B -- Page 20
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 524 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
11.15 Allow user‐defined multiple
charge rates (e.g., by shop,
shift, location, employee,
task, etc.).
Yes
11.16 Ability to bill at cost or mark‐
up.
Yes
11.17 Allow user to define mark‐up by
percentage and/or flat rate.
Yes
11.18 Allow for manual entry of cost
and cost adjustments.
Yes
11.19 Allow automated end‐of‐
period billing generation.
Yes
12.00 Customer Service
Management
12.01 Allow customer departments to
have limited access to own
assets and run reports, based
on criteria established by City.
Yes
12.02 Allow customers to view work
order status, view PM schedule,
and create service
requests.
Yes
12.03 Ability to automatically email
customers when work order is
completed.
Yes
12.04 Ability to automatically email
customers when asset is due
for service.
Yes
12.05 Ability to automatically re‐
notify customers and his
supervisor by email when
asset failed to come in for
service.
Yes
12.06 Ability to shut off fuel service if
vehicle is not brought in for
service after the 2nd
notification.
Yes The Automatic fuel shut off works
with FuelFocus, the fully integrated
fuel control system from AssetWorks.
12.07 Ability to maintain customer
contact information and select
preferred methods of contact
(e.g., mobile phone,
Blackberry, email).
Yes
12.08 Ability to survey customers via
email or web and compile and
report on results (e.g., repair
satisfaction, turn‐ around
compliance).
Yes
12.09 Ability to generate a spreadsheet
report of customers who need to
bring assets in for service.
Yes
Exhibit B -- Page 21
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 525 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
12.10 Ability to generate a
spreadsheet exception report
of customers who failed to
bring assets in for service.
Yes
13.00 Work Orders
13.01 Provide comprehensive work
order features and
functionalities commonly found
in a maintenance and
repair shop environment.
Yes
13.02 Ability to capture, track,
maintain and report fleet
maintenance and repair
activities, events and costs at
the individual, group, class,
subclass asset levels to include
time and materials, in‐ house
and commercial repairs,
mechanical and accident repairs,
deferred work, warranty work,
schedule/non‐schedule work,
etc.
Yes
13.03 Utilize customizable,
hierarchical, alpha‐numeric
identification coding systems
(e.g., location codes, employee
codes, task codes, priority
codes, repair types,
repair status, etc.).
Yes
13.04 Ability to utilize fleet industry‐
standard task codes (e.g.,
VMRS, APWA, NAFA,
NTEA).
Yes
13.05 Allow unlimited numbers of
active and historical work
orders.
Yes
13.06 Allow multiple open work
orders on the same asset, in
various phases of work
completion.
Yes
13.07 Allow multiple employees to
charge/post labor and
materials to any one work
order or task.
Yes
13.08 Allow work order assignments
and change of assignments at
any time.
Yes
13.09 Ability to allocate costs to more
than one department in any
one work order or task.
Yes
13.10 Ability to provide job
estimates and record
authorizations granted.
Yes
Exhibit B -- Page 22
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 526 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
13.11 Ability to capture, track,
maintain and report all
Complaint, Cause and
Correction events.
Yes
13.12 Ability to capture, track,
maintain and report all abuse,
neglect, and accident events.
Yes
13.13 Allow user defined access
rights to manage workflow
(e.g., service writer to initiate
work order, mechanic to post
labor, storekeeper to post
parts, supervisor to close work
order, manager to audit
work, etc.).
Yes
13.14 Have required data fields
(e.g., meter readings) and
allow user to define
requirement on others (e.g.,
driver contact).
Yes
13.15 Ability to search work order
by asset, number, date,
location, tasks, type, status,
employee, etc.
Yes
13.16 Ability to re‐open
closed/completed work order
and allow user‐defined
employees to make changes,
edits and modifications.
Yes
13.17 Notify at work order initiation
when another open work
order exists.
Yes
13.18 Notify at work order initiation
and at posting of work within
user defined parameters, any
PM due, deferred work,
planned retirement, potential
warranty/come‐back, etc.
Warnings shall be both audio
and visual.
Yes
Exhibit B -- Page 23
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 527 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
Number Requirements List Complies.
Yes/No
Exceptions or Clarifications
Yes/No
13.19 Ability to reschedule tasks not
completed on the work order.
Yes
13.20 Ability to cancel an entire
work order and have cancel
recorded for audit purposes.
Yes
13.21 Ability to modify and/or cancel
work requests.
Yes
13.22 Ability to enter/request
additional work on an existing
work order.
Yes
13.23 Ability to turn a work request
into a work order and print out
with instructions and part
requirements.
Yes
13.24 Ability to provide on‐line review
of work order detail for quality
control when work
order is completed.
Yes
13.25 Ability to list and print
predetermined parts and
tasks required for a specific
repair task/type.
Yes
13.26 Allow changes to individual task
without the need to complete
or cancel the whole
work order.
Yes
13.27 Ability to have audit trails of
any and all work order
records.
Yes
13.28 Allow for work orders to be
printed as required.
Yes
13.29 Allow completion of work
orders without printing hard
copies.
Yes
13.30 Ability to affix notes to each
work order tasks and/or to the
entire work order.
Yes
13.31 Facilitate the use of task time
standards (e.g., standard time
of 40 minutes on a 4‐cyliner
sedan oil change).
Yes
13.32 Ability to enter data of work
completed when system was
unavailable, with times based
on when work was completed
and not on when data was
entered.
Yes
13.33 Allow mechanics and
supervisor access to the
Yes
Exhibit B -- Page 24
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 528 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
Number Requirements List Complies.
Yes/No
Exceptions or Clarifications
Yes/No
inventory master to obtain
stock status and to order
parts not in stock.
Yes
13.34 Allow supervisors to issue
parts to a work order and to
reserve parts.
Yes
13.35 Ability to post/record
commercial or sublet repairs
without first initiating a work
order and requiring the
completion of a work order.
Yes
13.36 Ability to post/issue incidental
parts (e.g., a bulb) without first
initiating a work order and
requiring the completion of a
work order.
Yes
13.37 Allow multiple repair types on a
work order (e.g., scheduled oil
change and non‐scheduled
flat tire repair).
Yes
13.38 Ability to associate purchase
orders/invoices to work order
for non‐stock purchases and
outside contractor services.
Yes
13.39 Ability to assign work to
commercial vendors and
monitor job performance
(e.g., turn‐around time).
Yes
13.40 Provide dashboard
notification when set
threshold cost limits reach a
certain percentage.
Yes
13.41 System integrates with Mitchell
collision‐estimating software
and allow printing of
repair estimates.
No Yes. A Planning type work order
supports manual linking the Mitchell
estimate file to same work order with
labor and parts costs prior to
approval.
13.42 Ability to automatically print
user‐defined mechanic check‐
lists with work orders.
Yes
14.00 Downtime Management
14.01 Ability to capture, track,
maintain and report fleet
downtime by 6 or more user
defined reasons (e.g., lack of
labor, service bay, parts, etc.)
Yes
Exhibit B -- Page 25
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 529 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
14.02 Provide tracking for multiple
downtime events (vehicle
dropped off for repair, time
work began, time work
completed, time customer
Yes
notified, time customer picks
up vehicle, etc.).
Yes
14.03 Allow multiple user defined
downtime calendars (e.g., 8‐
hour availability for admin
office, 24‐hour for police
patrol).
Yes
14.04 Allow downtime assignments
by asset classes, departments,
user groups,
etc. (e.g., sedans, sheriff,
building maintenance).
Yes
14.05 Automated downtime tracking
with override provisions.
Yes
14.06 Allow multiple downtime
stop/re‐start provisions on a
work order (e.g., completed
one task and come back to
finish another next day).
Yes
15.00 Preventative Maintenance
(PM)
15.01 Provide features and
functionality to manage a safe
and cost effective PM
program.
Yes
15.02 Ability to have multiple user‐
defined PM intervals/schedules
to include mandatory
inspections (DOT,
Smog, etc.).
Yes
15.03 Ability to have hierarchical,
nested and tiered PM schedules
(e.g., Service A, B,
C).
Yes
15.04 Ability to assign, maintain,
track, forecast PM
intervals/schedules on all
assets.
Yes
15.05 Allow PM assignment by
individual asset and by class,
group, types, etc.
Yes
15.06 Allow PM frequency by miles,
time, cycles, fuel consumed,
etc., or any and all
combination.
Yes
15.07 Allow multiple PM
intervals/schedules on one
asset.
Yes
Exhibit B -- Page 26
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 530 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
Number Requirements List Complies.
Yes/No
Exceptions or Clarifications
Yes/No
15.08 Ability to generate PM Due
report based on user selected
criterion (e.g., 60‐day, 100‐
gallon, by dept., class,
location, date, type, age,
etc.).
Yes
15.09 Ability to generate PM Due
report in Excel.
Yes
15.10 Ability to generate PM Due
report and automatically email
drivers and/or dept.
coordinators.
Yes
15.11 Ability to generate hardcopy
PM Due report.
Yes
15.12 Ability to automatically create
work orders from PM Due List
with tasks to be perform to
include time standards, parts,
check‐lists,
instructional/description texts.
Yes
15.13 Ability to associate a list of tasks
to each types of PM
(e.g., for Service A, perform
tasks 1, 2, and 3).
Yes
15.14 Automatically update the PM
schedule when a PM is
completed and advance to the
next PM in sequence
(e.g., from Service B to C).
Yes
15.15 Ability to defer PM tasks and
allow work order process to
continue.
Yes
15.16 Ability to report PM
performance by assets, asset
classes, asset types,
departments, locations,
drivers, etc.
Yes
15.17 Ability to analyze PM
performed over time and
recommend necessary
adjustments.
Yes
15.18 Support individual custom PM
scheduling due to manufacturer,
age, usage, and other unique
requirement.
Yes
Exhibit B -- Page 27
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 531 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
15.19 Track OEM & add‐on
warranties for the entire
vehicle or a specific
component.
Yes
Number Requirements List Complies.
Yes/No
Exceptions or Clarifications
Yes/No
16.00 Commercial Vendor / Sublet
Management
16.01 Ability to maintain vendor
records to include purchase
order numbers, compliance
status, labor rate, discount
levels, tax rates, etc.
Yes
16.02 Ability to assign, capture,
track, maintain and report
outsourced work to
commercial vendors.
Yes
16.03 Ability to incorporate in‐house
repairs and outsourced work
into a single work order.
Yes
16.04 Ability to report on commercial
vendor activities, events and
costs.
Yes
16.05 Ability to associate commercial
vendor repairs to
work orders.
Yes
16.06 Provide comparative cost data
and/or analyses to include
sublet shop name,
repair type, labor, parts, total
costs, etc.
Yes
16.07 Provide a means to compare
the shop estimate of time and
cost to the vendor’s actual
numbers.
Yes
16.08 Ability to maintain, analyze and
report on OEM and
aftermarket replacement part
vendors performances to
include order types, quantities,
fill rates, cycling rates,
fulfillments, back‐ orders, stock
and non‐stock materials
requests.
Yes
17.00 Labor Management
Exhibit B -- Page 28
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 532 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
17.01 Maintain employee records to
include ID number, driver
license number, license class,
medical certificate, renewal
dates, DMV Pull Notice, hire
date, work injury, DOT tests,
assign location, shift, skill level,
training, skill certificates,
standard rate, premium rate,
and overtime
labor rate, etc.
Yes
17.02 Ability to capture, track,
maintain, report and forecast
fleet labor costs at the
individual, group, class,
subclass levels to include
direct, indirect, and sublet
time.
Yes
17.03 Capture, record, bill and report
all labor hours to include direct,
indirect, and sublet time (e.g.,
safety meeting, shop cleaning,
supervisor time, vehicle ferry,
etc.).
Yes
17.04 Ability to capture, record, and
itemize any and all labor
activities and be able to report
and audit same.
Yes
17.05 Ability to measure and report
labor performances and
compare with user‐defined
and/or industry standards.
Yes
17.06 Plan, schedule, prioritize, and
preload shop schedules at
multiple locations with user
defined criteria (availability of
personnel, service bay, tools,
etc.).
Yes
17.07 Ability to apply multiple labor
rates (by craft, employee, shift,
agency, department,
division, account, job task,
vehicle class/type, etc.).
Yes
17.08 Ability to apply multiple sublet
labor rates (by craft, vendor,
agency, department, division,
account, job task, vehicle
class/type, etc.).
Yes
Exhibit B -- Page 29
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 533 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
17.09 Ability to have a timecard
function to account for all
labor hours as the work
occurs in real time.
Yes
17.10 Enter labor directly to the work
order as the work occurs in real
time.
Yes
17.11 Automatically stop labor on
one job when the mechanic
signs on to another job.
Yes
17.12 Enter labor directly to the
work order after the work
occurred, and allow for the
recording of actual time of
repair work and not time of
data entry.
Yes
Yes
17.13 Allow supervisors/office staff
to batch labor entries into
multiple work orders on a
single screen without having to
go to each individual work
order.
Yes
17.14 Allow task specific time
standards for performance
measures, reports and audits.
Yes
17.15 Allow supervisors to assign
tasks to employees and
change assignments at any
time.
Yes
17.16 Ability to automatically
apply/default to a
predetermined task specific
time standard (e.g., 0.6‐hours
for an oil change).
Yes
17.17 Ability for supervisor to
override and adjust time
records (e.g., employee
errors, failure to logout, etc.).
Yes
17.18 Allow supervisors to
adjust/correct error entries to
include adjustment of billable
hours, markups, warranties,
etc.
Yes
17.19 Ability to view all available
labor across multiple shop
locations.
Yes
17.20 Ability to support bar code
and other keyless labor
entries
Yes
Exhibit B -- Page 30
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 534 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
17.21 Allow supervisors default
setting overrides.
Yes
18.00 Inventory Management ‐
System and Interface
18.01 Provide comprehensive
inventory management tools
for a diverse fleet with
multiple storerooms and
locations.
Yes
18.02 Provide full capabilities to
include, but not limited to, the
acquisition, receipts,
warehousing, issuance,
transfer/return, warranty,
costing, tracking, reporting,
and auditing of inventories.
Yes
Yes
18.03 Provide full auditing
capabilities to include any
adjustments to unit costs,
counts, issues, returns,
transfers, warranties,
storerooms, operators, date,
time, etc.
Yes
18.04 Ability to search, filter and view
online all parts by commodities,
part numbers, OEM part
numbers, alternate part
numbers, and a user‐ defined
alpha/numeric reference fields,
etc., and also show minimum
and maximum stocking levels,
locations, and
quantities on hand.
Yes
18.05 Utilize bar codes technology
and mobile wireless devices to
perform inventory
management functions.
Yes
18.06 Ability to associate part records
to assets to eliminate and purge
parts obsolesces.
Yes
18.07 Ability to identify and apply
mark‐ups globally and/or by
part numbers, commodities,
departments, locations.
Yes
18.08 Ability to print bar code labels
for parts and bins.
Yes
18.09 Allow multiple vendors for
each inventory item.
Yes
18.10 Allow multiple manufacturers
for each inventory item.
Yes
Exhibit B -- Page 31
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 535 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
18.11 Ability to cross‐reference
multiple vendors and
manufacturers for each
inventory item.
Yes
18.12 Ability to utilize EOQ and other
inventory management tools.
Yes
18.13 Ability to facilitate periodic
physical inventory count and
reconciliation.
Yes
18.14 Ability to manually update and
adjust inventory.
Yes
18.15 Ability to associate parts with
equipment classes, and to
restrict parts to certain
equipment classes.
Yes
18.16 Provide a notes field for each
part.
Yes
19.00 Inventory Management ‐
Purchase Orders
19.01 Ability to generate parts re‐
order lists and stock
replenishment reports by
vendors, commodities, part
numbers, and/or storerooms.
Yes
19.02 Ability to track, list, and report all
receipts by vendor for all
parts, a category of parts, or a
specific part.
Yes
19.03 Ability to track, monitor and
report all purchase order and
back‐order activities by
vendors, commodities, part
numbers, quantities,
storerooms, etc.
Yes
19.04 Allow automatic purchase
order creation from the
requisition process for items
to be ordered.
Yes
19.05 Allow automatic purchase
order creation from the stock
replenishment process.
Yes
19.06 Generate purchase order
receipt listings sorted by bin
locations to facilitate the
stocking of parts received.
Yes
19.07 Ability to print purchase orders
directly from the purchase order
entry process.
Yes
19.08 Ability to show prior and
current costs for any given
part.
Yes
Exhibit B -- Page 32
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 536 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
19.09 Allow direct purchase without a
purchase order.
Yes
20.00 Inventory Management ‐
Parts and Work Orders
20.01 Ability to issue, return, and
requisition parts from
storerooms.
Yes
20.02 Ability to automatically costing
parts to each work orders.
Yes
20.03 Ability to query inventory to
ensure assigned task has
available parts before
assigning work order to
mechanic.
Yes
20.04 Allow returns against work
orders and automatically adjust
costs as well as usage.
Yes
20.05 Allow addition of parts against a
work order at storerooms that
were not initially part of
the work order.
Yes
20.06 Provide stock reservation and
allocation against the work
order.
Yes
20.07 Allow for “staging” of materials
and parts at storerooms against
pending work orders and
produce part
pick lists.
Yes
20.08 Prompts user to issue the
part(s) to the work order(s)
when parts are received, if
needed for an open work
order.
Yes
20.09 Ability for storerooms to view
open work orders and issue
and/or order parts for the
work order, directly from the
same screen.
Yes
20.10 Ability to define parts that are
allowed and not allowed to be
issued without a work order.
Yes
20.11 Allow storerooms to issue and
return parts from multiple
inventory locations to work
orders.
Yes
21.00 Inventory Management ‐
Parts Information and
Planning
Exhibit B -- Page 33
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 537 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
21.01 Maintain all current and
historical data on each part to
include standard parts
information, part application
codes, part usage codes,
commodity codes, issues,
returns, transfers,
adjustments, warranties,
month‐to‐date, year‐to‐date
and life‐to‐date cost histories,
etc.
Yes
Yes
21.02 Ability to track the issuance of
all stocked and non‐stocked
parts to a specific piece of
equipment and mechanic.
Yes
21.03 Ability to track all activity of
non‐stocked parts to include
frequency of issue and user‐
defined date ranges.
Yes
21.04 Ability to change a part number
and have that change be
reflected for all historical
data.
Yes
21.05 Provide for “A, B, C”
classification of parts where
“A” represents the 10% of
parts inventory with the
highest dollar value; “B”
represents the next 20% of the
highest dollar value; and “C”
represents the 70% of parts
inventory comprised of
lower cost items.
Yes
21.06 Track aging of inventory and
stock turns to identify
under/over‐stocks.
Yes
21.07 Allow for the monitoring of
equipment and component
failures and warranties,
identifying the number of
occurrences, causes of
failures, and costs.
Yes
21.08 The system must provide cycle
inventory capabilities to include
user‐defined cycles, must
generate a work list of
randomly selected part
numbers and automatically
generate a variance report
when the physical count is
entered.
Yes
Exhibit B -- Page 34
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 538 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
21.09 Ability to provide user‐defined
parts "kits or pick‐lists” of all
parts associated with a
predefined maintenance
operation (e.g., 6000‐mile
preventive maintenance
service). All kits are to have a
unique identification and bin
location.
Yes
Yes
21.10 Provide a means to maintain
minimum inventory to meet
emergency needs (disaster
responses, etc.).
Yes
21.11 Ability to inventory all shop
equipment and tools.
Yes
21.12 Ability to track shop
equipment and tool
warranties (smog analyzers,
computer analyzers, etc.)
Yes
21.13 Ability to identify, monitor and
report on hazardous materials to
include usage and
disposal.
Yes
21.14 Ability to restrict issuance of
hazardous materials (e.g.,
persons with certified safety
training).
Yes
22.00 Fuel Management ‐ System
and Interface
22.01 Ability to capture, track,
record, maintain, and report
on unlimited number of
internal and retail fuel
keys/credit cards.
Yes
22.02 Support the concurrent use of
both internal and retail fuel
keys/credit cards for each
asset.
Yes
22.03 Ability to maintain a perpetual
inventory both of fuel and other
fluids at all times. Ability to
track all receipts, issuances,
stick readings, etc., and have
the capability
to cost and charge fuel.
Yes
22.04 Ability to capture, track, record,
maintain and report multiple
storage tank and fuel site
activities (e.g., inventory
levels, delivery receipts, tank
readings, etc.).
Yes
Exhibit B -- Page 35
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 539 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
22.05 Ability to capture, track,
record, maintain, cost and
report all asset fueling
activities (e.g., fuel activity
date, time, type, volume,
dispense used, hose used,
etc.).
Yes
Yes
22.06 Ability to capture, track,
record, maintain, cost and
report all storage tank and
asset exception activities (e.g.,
odometer rollbacks, gallons
dispensed in excess
of default amount, driver
drive‐off, etc.).
Yes
22.07 Ability to maintain and report
on fueling infrastructure
lifecycle costs by location,
fuel island, etc.
Yes
22.08 Ability to 2‐way interface with a
comprehensive automated fuel
management system (EJ Wards,
Petrovend and others)
to include meter updates,
validations, RFID, etc.
Yes The 2‐way interface is a fully
integrated solution when using
AssetWorks FuelFocus island control
units in real‐time.
22.09 Ability to track assets that do
not use the automated fuel
management system (retail
credit card purchases).
Yes
22.10 Ability to accept and process
retail fueling activities
electronically via an ASCII or
Excel batch file.
Yes
22.11 Allow manual entries of tank
and fueling activities,
adjustments, corrections,
credits, etc.
Yes
22.12 Ability to track fuel and report
activity by individual user, by
user group, or by asset.
Yes
22.13 Ability to support all
alternative fuels.
Yes
23.00 Telematics System
23.01 Ability to track assets using
either active or passive GPS.
Yes
23.02 Ability to report on vehicle idle
time, fuel consumption, mileage
updates to FAMS system, driving
patterns (hard
stops and starts, etc.)
Yes
23.03 Ability to create geofences. Yes
24.00 Risk Management
Exhibit B -- Page 36
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 540 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
24.01 Ability to capture, track,
record, maintain, and report
on unlimited number of auto
related accidents to include
asset numbers, drivers,
departments, costs, accident
types, preventable, non‐
preventable, etc.
Yes
Yes
24.02 Ability to associate/link Mitchell
body repair estimates
to assets.
Yes
24.03 Ability to associate/link
accident damage photos to
assets.
Yes
25.00 Reports ‐ General
25.01 Include standard system
reporting tools.
Yes
25.02 Ability to utilize third‐party
reporting tools (e.g., Crystal
Reports, Cognos, etc.).
Yes
25.03 Ability to run ad‐hoc reports
with any and all combination of
established data elements
and to save for subsequent
runs with refreshed data.
Yes
25.04 Ability to simultaneously run
multiple reports from various
workstations without taking
system off‐line.
Yes
25.05 All reports viewable on‐
screen as well as printed.
Yes
25.06 Ability to generate or export
reports to Access and/or
Excel.
Yes
25.07 Provide a complete suite of
standard management reports
to include, at a minimum,
management of fleet costs,
assets, utilization, labor,
productivity, work orders,
motor pools, billings, customer
service, downtime,
maintenance and repair,
inventory, fuel, commercial
sublets, planning and exception
reports. These reports must be
available with user‐defined
options that will allow
customization to meet
department requirement (e.g.,
by assets, date ranges,
Yes
Exhibit B -- Page 37
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 541 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
locations, shifts, mechanics,
work types, vehicle classes,
vendors, departments, etc.).
Yes
25.08 Ability to report on monthly,
fiscal year‐to‐date, life‐to‐ date,
or other date‐based and
activity‐based information for a
single piece of equipment, a
class of equipment, a
department, a shop location,
the entire fleet, or for other
aggregations as required.
Yes
25.09 Ability to query and view
searches online individual assets
or in groups of assets to include
VIN, asset, license,
manufacturer, year, model,
codes, status, shops, mechanic,
as well as other
user‐defined fields.
Yes
25.10 Provide performance and
comparative data on reports.
Reporting on the performance
of one (e.g., asset,
mechanic, shop, etc.) and
comparing the performance of
one against a class and/or the
whole fleet.
Yes
25.11 Provide exception reports to
identify events outside of a
threshold and/or parameter
(e.g., miles per month, cost
per mile, gallons per fill up,
MPG, downtime, labor cost,
or other user‐defined criteria).
Yes
25.12 Ability to report on user‐
defined key performance
indicators (e.g., cost per mile,
shop productivity, downtime,
clean‐air compliance, etc.).
Yes
25.13 Ability to drill‐down on reported
data to identify areas of
deficiencies and problem‐
solve.
Yes
26.00 Reports ‐ Asset /
Equipment
26.01 Provide performance,
comparative, and exception
reports on each individual asset
and/or groups of assets
Yes
Exhibit B -- Page 38
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 542 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
to include utilization,
maintenance and repair, fuel
consumption, downtime,
accidents, and other user‐
defined criteria.
Yes
26.02 Provide asset assignment and
utilization histories to include
current and all prior
records.
Yes
26.03 Costs and/or values associated
with each asset, class of
assets, entire fleet, etc., to
include capital, depreciation,
operating, up fitting,
disposition, and other
criteria.
Yes
26.04 Replacement cost at end of life
by class, user, department, or
other group of
vehicles.
Yes
27.00 Reports ‐ Motor Pool
27.01 Detail, summary, and
exceptions utilization reports
by assets, drivers,
departments, accounts,
locations, etc., for a user‐
defined period.
Yes
27.02 Reserved, dispatched, late pick‐
up, no‐show, late‐return, etc.,
status report.
Yes
27.03 Cost recovery by asset, class,
location, department, etc.
Yes
28.00 Reports ‐ Billing and
Invoicing
28.01 Detail, summary, and
exceptions reports by assets,
drivers, departments, accounts,
activities, etc., for a
user‐defined period.
Yes
29.00 Reports ‐ Customer Service
29.01 Service requests by status
codes, count, age, class, drivers,
departments, etc., for
a user‐defined period.
Yes
30.00 Reports ‐ Work Orders
30.01 Open work orders by status
and shop location.
Yes
30.02 All work in progress, and all
work completed that day (or
Yes
Exhibit B -- Page 39
DocuSign Envelope ID: E8BA45EF-5319-4A1C-90F5-4C09D82A25BA
5.G.b
Packet Pg. 543 Attachment: Original Agreement Contract No. 10801-CCS - with AssetWorks for Fleet Asset Mangement System (6377 : Approval of First AssetWorks Response to Technical Specifications
A
specific period), work awaiting
labor, shop space, parts or
materials, or commercial
contract repairs; with an aging
report for each class and overall.
(The system must be able to
allow for planning of
work orders based on
available resources.)
Yes
30.03 Ability to isolate all work of a
specific type by any defined
period and restrict the analysis
to any department, user,
mechanic and any class
of equipment.