Agenda packet — Santa Monica City Council, June 11, 2024 (part 1 of 3)

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: 6/12/2024 12:26 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: 6/12/2024 12:26 PM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR MEETING
CITY HALL COUNCIL CHAMBERS.
1685 MAIN STREET, ROOM 250, SANTA
MONICA, CA 90401, AND 29 POWDER RIDGE
RD, CRESTED BUTTE, CO 81224
TUESDAY, JUNE 11, 2024
MEETING BEGINS AT 5:30 PM (PST)
AND AT A TELECONFERENCE SITE AT 6:30 P.M. (MDT)
The Santa Monica City Council Meeting will be held at 5:30 P.M. (Pacific Standard Time), on Tuesday, June 11, 2024, in the City Council Chambers, 1685 Main Street, Santa Monica, California 90401 and at 6:30 P.M. (Mountain Daylight Time) at a teleconference site located at 29 Powder Ridge Rd, Crested Butte, CO 81224 where one of the Councilmembers will be present and will participate via teleconference.

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.) City of Santa Monica Generated: 6/12/2024 12:26 PM Page 4

1.A. Written Comments

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

ITEMS, CONSENT CALENDAR ONLY)

3. SPECIAL AGENDA ITEMS

3.A. Proclamation: Men's Health Month

3.B. Proclamation: Juneteenth

3.C. Commendation: Visionary Leaders in Action Coalition

3.D. Commendation: Rip City Skates

3.E. City Manager Report

4. CLOSED SESSIONS

4.A. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1):

Santos Dolores Amaya De Vides v. Santa Monica; LASC Case No. 23STCV09774 - New Item Received. 6/07/2024

4.B. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1):

Scott Harber v. Santa Monica; LASC Case No. 22STCV02016 - New Item Received. 6/07/2024

4.C. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):

Christina Choi, et al. v. Santa Monica, et al.; LASC Case No. 22STCV21608 [report out only] - New Item Received. 6/07/2024

4.D. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):

Robinson, Cheyenne, et al. v. Santa Monica, et al., LASC Case No. 21STCV2239 [report out only] - New Item Received. 6/07/2024 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. Authorization of Purchase Orders with One Source Distributors and Turtle ALA, LLC for General Lighting and Electrical Supplies
City of Santa Monica Generated: 6/12/2024 12:26 PM Page 5 Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines;

2. Award Bid SP2711 to One Source Distributors, as the primary vendor, and Turtle ALA, LLC., as the secondary vendor for the purchase and delivery of general lighting and electrical supplies for the Public Works Department;

3. Authorize the Procurement Manager to issue a Purchase Order with One Source Distributors for General Lighting & Electrical Supplies in the amount not to exceed $1,080,000 (for one year, with four additional one-year renewal options to extend at increases between 12% to 15%) for a total amount not to exceed $5,400,000, with future year funding contingent on Council budget approval; and

4. Authorize the Procurement Manager to issue a Purchase Order with Turtle ALA, LLC. for General Lighting & Electrical Supplies in the amount not to exceed $545,000 (for one year, with four additional one-year renewal options to extend at increases of 5%) for a total amount not to exceed $2,725,000, with future year funding contingent on Council budget approval.

5.B. Award Bid with Commercial Aquatic Services for Pool Repair and Maintenance Recommended Action
Staff recommends that the City Council:

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

2. Award Bid #4482 to Commercial Aquatic Services, Inc for the repair and maintenance of City pools and treated splash pads for the Public Works Department; and

3. Authorize the City Manager to negotiate and execute an agreement with Commercial Aquatic Services in an amount not to exceed $649,400, plus a contingency of $157,116, for a two-year term, with three one-year renewal options, on the same terms and conditions for a total amount not to exceed $806,516 over a five-year period, with future year funding contingent on Council budget approval.

5.C. Approval to Accept FEMA Hazard Mitigation Grant Funds for Local Hazard Mitigation Plan
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 accept a grant awarded in an amount of $135,000 from the Department of Homeland Security for the Hazard Mitigation Grant Program in the City Manager’s Office, and to accept all grant renewals.

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

City of Santa Monica Generated: 6/12/2024 12:26 PM Page 6

4. Adopt the attached resolution with the State of California, Governor’s Office of Emergency Services (CalOES) Program.

5. Authorize budget changes as outlined in the Financial Impacts & Budget Action section of this report (requires 5 votes).

5.D. Award Purchase Order with American Moving Parts, LLC for Transit Bus and Fire Department Brake Parts
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption (Class 1 Existing Facilities) pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;

2. Award Bid #4488 to American Moving Parts LLC for the purchase of brake components for transit buses and heavy-duty fire apparatus for the Transportation and Fire Departments;

3. Authorize the Procurement Manager to issue a purchase order with American Moving Parts, LLC for the purchase of transit bus and heavy-duty fire apparatus brake parts in the amount not to exceed $169,096 for one year, with five additional one-year renewal options to extend on the same terms and conditions for a total amount not to exceed $1,177,097, which includes a 10% contingency, with future year funding contingent on Council budget approval.

5.E. Approve Modification to Award with GreenWealth Energy Solutions for Electric Vehicle Charging Services
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), Section 15302 (Replacement/Reconstruction), and Section 15303 (New Construction of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Approve a modification to contract award #372 to increase the number of electric vehicle chargers and locations with GreenWealth Energy Solutions, Inc., with no change in contract authority or term.

5.F. Approval of Second Contract Modification with WaySine, LLC for Real-Time Arrival Sign Cellular Service
Recommended Action
Staff recommends that the City Council

1. Adopt a finding of Categorical Exemption pursuant to Section 15302(Replacement and Reconstruction) and Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Authorize the City Manager to negotiate and execute a second modification to agreement #10757 (CCS) in an amount not to exceed $165,600 with WaySine, L.L.C., for parts and continued cellular service for existing real-time signs at Big Blue Bus stops and shelters for the Department of City of Santa Monica Generated: 6/12/2024 12:26 PM Page 7 Transportation. This will result in a 7-year amended agreement with a new total amount not to exceed $977,725 with future year funding contingent on Council budget approval.

5.G. Accept UASI 2023 Grant and Approve 3rd Modification with Advanced Problem Solving, LLC
Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to accept a grant award in the amount of $250,000 from the 2022 Urban Area Security Initiative (UASI) for homeland security projects in the Fire Department;

2. Authorize the City Manager to accept a grant award in the amount of $1,433,607 from the 2023 Urban Area Security Initiative (UASI) for homeland security projects in the Fire and Police Departments;

3. Authorize the City Manager to execute all necessary documents to accept the grants and any subsequent grant modifications;

4. 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. Authorize the City Manager to negotiate and execute a third modification to agreement no. 10967 in the amount of $850,000 with Advanced Problem Solving, LLC (APS), a California-based company, to coordinate and host the grant-funded Regional Training Delivery Model for the Fire Department. This will result in a five-year amended agreement with a new total amount not to exceed $5,782,000, with future year funding contingent on Council budget approval; and

6. Authorize a budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).

5.H. Approval of Agreement with Nth Generation Computing, Inc. for Cohesity Data Protection
Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute an agreement with Nth Generation Computing, Inc. for data protection hardware, software, and services for the Information Services 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 $1,140,041.00, with future year funding contingent on Council budget approval.

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. Approval of Cancellation of Regular City Council Meeting for August 13, 2024 Recommended Action
Staff recommends that the City Council vote to cancel the regular meeting scheduled for August 13, 2024, due to a lack of a quorum.

City of Santa Monica Generated: 6/12/2024 12:26 PM Page 8

5.J. City Council - Special Meeting - Jun 1, 2024 9:00 AM

5.K. City Council - Special Meeting - May 14, 2024 4:30 PM - New Item Received. 6/07/2024

6. PUBLIC INPUT ON REMAINING AGENDA ITEMS

7. STUDY SESSION

7.A. Housing Element Phase 2 Implementation Study Session Recommended Action
Staff recommends that the City Council:

1. Receive the presentation on, discuss, and provide direction regarding proposed concepts for 6th Cycle Housing Element Phase 2 Implementation Programs.

8. CONTINUED ITEMS

8.A. Appointment to an unscheduled vacancy on the Transient Occupancy Tax Advisory Committee for a term ending on June 30, 2025. (Continued from 5/14/2024).

8.B. Appointment to one unscheduled vacancy on the Human Services Commission for a term ending on June 30, 2026. (Continued from 5/28/2024)

8.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. (Continued from 5/28/2024) - New Item Received. 6/07/2024

8.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. (Continued from 5/28/2024) - New Item Received. 6/07/2024

8.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. (Continued from 5/28/2024) - New Item Received. 6/07/2024
City of Santa Monica Generated: 6/12/2024 12:26 PM Page 9

9. ADMINISTRATIVE PROCEEDINGS
No items

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

10.A. Introduction and Adoption of an Emergency Interim Zoning Ordinance to Remove the Minor Use Permit, Location, and Facility Requirements for Massage Establishments from the City’s Personal Service Use Standards for Specific Uses and Activities
Recommended Action
Staff recommends that the City Council:

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

2. Introduce and adopt an Emergency Interim Zoning Ordinance amending the text of the Zoning Ordinance to remove the Minor Use Permit, location, and facility requirements for massage establishments from the Personal Service use standards for specific uses and activities contained in Santa Monica Municipal Code Section 9.31.230.

10.B. Introduce for First Reading an Ordinance Amending Santa Monica Municipal Code Chapter 9.53 to Align the City’s Transportation Demand Management Ordinance with South Coast Air Quality Management District’s (AQMD) Rule 2202 and Adopt a Resolution Approving Amendments to the Related Memorandum of Understanding with AQMD
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) and a finding of Categorical Exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;

2. Introduce for first reading an ordinance amending Santa Monica Municipal Code Chapter 9.53 (Transportation Demand Management) to align with the South Coast Air Quality Management District’s Rule 2202 regulations; and

3. Adopt a resolution approving amendments to the related Memorandum of Understanding with the South Coast Air Quality Management District.

10.C. Introduce for First Reading an Ordinance that Supports Electric Vehicle Charging Access by Adopting Local Amendments to the 2022 California Green Building Standards Code
Recommended Action
Staff recommends that the City Council:

City of Santa Monica Generated: 6/12/2024 12:26 PM Page 10

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

2. Introduce for first reading the attached Ordinance that adopts local amendments under SMMC Chapter 8.102 to the 2022 California Green Buildings Standards Code to support increased access to electric vehicle charging;

3. Adopt the attached Resolution that provides findings of local climatic, geological, topographical, and environmental conditions as required to adopt Santa Monica local amendments to the 2022 California Green Building Standards Code; and

4. Direct the City Manager to file the adopted Resolution and Ordinance amending the California Green Building Standards Code with the California Building Standards Commission.

11. STAFF ADMINISTRATIVE ITEMS

11.A. Adoption of Resolutions related to the General Municipal Election to be held on November 5, 2024
Recommended Action
Staff recommends that City Council adopt:

1. A resolution calling for a General Municipal Election to be held on November 5, 2024; and

2. A resolution requesting that the Municipal Election be consolidated with the Los Angeles (LA) County Statewide General Election and request services from the LA County Registrar-Recorder for the General Municipal Election; and
3 A finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

12. PUBLIC HEARINGS
No items

13. REPORTS OF BOARDS AND COMMISSIONS
No items

14. RESOLUTIONS
No items

15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
No items

16. COUNCILMEMBER DISCUSSION ITEMS
City of Santa Monica Generated: 6/12/2024 12:26 PM Page 11

16.A. Appointment to two unscheduled vacancies on the Housing Authority Board for both terms ending on June 30, 2026. - New Item Received. 6/07/2024

16.B. Request of Councilmember Davis that the City Council approve City sponsorship of Main Street Business Improvement Association’s two Open Street events -- the Summer Soulstice on July 13, 2024 and Day of the Dog on September 7, 2024. City Fees related to the two Open Street events include, but are not limited to, the application, administrative, neighbor notification, temporary traffic control, temporary no parking, public safety and zero waste plan fees associated in an amount up to $16,000.00 of waived fees for both events. - New Item Received. 6/07/2024

16.C. Request of Councilmembers Davis, Torosis, and Zwick that the City Council:

1. Direct the City Attorney to return with a proposal to ensure the City’s ethics rules apply to Councilmembers; 2. Direct the City Attorney to return with a proposal to initiate an investigation into recent leaks of confidential information disclosed in Closed Session; and 3. Direct the City Attorney to return with one or more proposals to impose penalties on Councilmembers and staff who inappropriately leak confidential information out of Closed Session. - New Item Received. 6/07/2024

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 pida hablar con Esterlina Lugo.

City of Santa Monica Generated: 6/12/2024 12:26 PM Page 12 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: June 11, 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. 13
1 David Yakobson
From: Dan Charn. <[email protected]>
Sent: Monday, June 10, 2024 10:07 PM
To: councilmtgitems
Subject: Fwd: Stop Allowing Needle Giveaways by Anyone in the Parks

EXTERNAL
---------- Forwarded message ---------
From: Dan Charn. <[email protected]>
Date: Mon, Jun 10, 2024 at 8:47 PM
Subject: Stop Allowing Needle Giveaways by Anyone in the Parks To: <[email protected]>, David White <[email protected]>, <[email protected]>
Council,
The LA County Board of Public Health has no jurisdiction to implement the Needle Distribution component of the Harm Reduction program in Santa Monica, none. Council needs to stand firm on this.
"Council MUST Also APPROVE a letter to be sent by our City Attorney to the County Board of Health, Barbara Ferrer, and the LA County Board of Supervisors, informing them that Santa Monica has not approved the Harm Reduction Program in our City Parks."
What was approved is a start but legally worded so that third parties can get around this: and they are doing so now...
"The Ordinance that was passed on May 14, 2024 does not include any 3rd parties, any other city, the County or any private individual or group that may decide to use our HSGP fund recipients/grantees to distribute syringes in Santa Monica." Item 1
June 11, 2024
Item 1
June 11, 2024

1.A.a
Packet Pg. 14
Attachment: Written Comments (6473 : Written Comments)
2 So here is suggested text for a new 16 Item which would require a new Motion - -
“Request of Councilmembers Parra, de la Torre and Vice Mayor Negrete that the language relating to HSGP grants approved as an Item 16 on May 14, 2024 be amended so that the contracts provide that if a recipient or grantee, or an agent thereof, participates during the term of the grant in any syringe exchange/distribution at or around any Park, other public space, or within 1,000 feet of any school in Santa Monica, then any funds given to the grantee shall immediately be returned to the City and such grant shall be null and void.” Councilmember de la Torre, you agreed to sponsor this in the coming Council Meeting. Please do this Oscar and Christine.. it needs to be done. It really does Council.

David White is not in charge ..you the Council are ..he is supposed to do as you say..not as he desires. Seems he doesn't understand that.

Why anyone on that dais does not move to relieve Mr White of his duties is wrong to the residents of Santa Monica. He needs to go. Barbara Ferrer does not run Santa Monica nor does David White..Council does- please take charge.

Danielle Charney
Item 1
June 11, 2024
Item 1
June 11, 2024

1.A.a
Packet Pg. 15
Attachment: Written Comments (6473 : Written Comments)
City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 3.A
1 of 1
To: Mayor and City Council
From: Nikima Newsome, Interim City Clerk, Special Agenda Items Subject: Proclamation: Men's Health Month
Prepared By: Gilbert Portillo, Administrative Staff Assistant Approved Forwarded to Council

3.A
Packet Pg. 16
City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 3.B
1 of 1
To: Mayor and City Council
From: Nikima Newsome, Interim City Clerk, Special Agenda Items Subject: Proclamation: Juneteenth
Prepared By: Gilbert Portillo, Administrative Staff Assistant Approved Forwarded to Council

3.B
Packet Pg. 17
City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 3.C
1 of 1
To: Mayor and City Council
From: Nikima Newsome, Interim City Clerk, Special Agenda Items Subject: Commendation: Visionary Leaders in Action Coalition Prepared By: Gilbert Portillo, Administrative Staff Assistant Approved Forwarded to Council

3.C
Packet Pg. 18
City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 3.D
1 of 1
To: Mayor and City Council
From: Nikima Newsome, Interim City Clerk, Special Agenda Items Subject: Commendation: Rip City Skates
Prepared By: Gilbert Portillo, Administrative Staff Assistant Approved Forwarded to Council

3.D
Packet Pg. 19
City Council
Report
City Council Meeting: June 11, 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
Prepared By: Sergio Ramirez, Chief of Staff
Approved Forwarded to Council

3.E
Packet Pg. 20
City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 5.A
1 of 6
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Authorization of Purchase Orders with One Source Distributors and Turtle ALA, LLC for General Lighting and Electrical Supplies
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines;

Summary
The City of Santa Monica Public Works Department - Engineering and Street Services and Facilities Divisions are responsible for maintaining approximately 7,150 City streetlights and the lighting needs for all City buildings, infrastructure, and outdoor public lighting fixtures. This award recommendation is for the City to purchase supplies and parts necessary to repair park lighting, Promenade lighting, and the general electrical supplies needed by the Public Works Department over the next five years.

5.A
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Expenditures for these general lighting supplies have increased since the prior procurement and are expected to increase over the next few years due to deferred maintenance prompted by the constraints in the City’s General Fund, increased vandalism, continued inflation, and global supply issues. Staff recommends that the Council award the bid for the purchase of General Lighting and Electrical Supplies to One Source Distributors and Turtle ALA, LLC, as primary and secondary vendors, in amounts not to exceed $1,080,000 and $545,000, respectively, for the first of five years, which include anticipated cost escalations between 5% and 15% over the contract period. This would result in two purchase orders with five-year total amounts not to exceed $5,400,000 and $2,725,000, respectively.

Discussion
The Public Works Department maintains and repairs the City’s electrical infrastructure.

The Department’s Engineering and Street Services Division responds to lighting repair requests from the public and requests from the Fire and Police Departments for services such as emergency callouts. Routine repair inspections are conducted for park lights, electrical service cabinets, broken pull boxes, and other related city assets. The City owns approximately 1,500 high-voltage outdoor light poles and 107,000 linear feet of high-voltage circuits. Many of these outdoor lighting assets were built in the 1960s and are scheduled to be replaced over the next five years. Maintenance of new and aging lighting assets requires the purchase of replacement electrical parts. Typical supply purchases consist of replacement light poles, light fixtures, bulbs, pull boxes, electrical services cabinets, and other related hardware.

The Facilities Maintenance Division completes approximately 3,200 electrical work orders each year. Such work includes electrical outlet installations, lighting fixture maintenance, restroom hand dryer repairs, and electrical renovations and upgrades at various City facilities. Lighting inspections and repairs for the City have increased over the last two years due to vandalism.

On April 11, 2023, Council awarded a Purchase Order to One Source Distributors for street lighting electrical supplies (Attachment A). The award did not include park lighting

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and general electrical purchases. In addition, the award accounted for an estimated amount of replacement copper wire based on 2022 wire theft data. However, in the current fiscal year 2023-24 there has been an even greater increase in copper wire theft and streetlight vandalism throughout the City. Staff is estimating copper wire replacement purchases between $500,000 and $650,000 for this fiscal year. The Division has implemented anti-theft measures such as epoxying (gluing) the lids of newly installed pull boxes, adding locks to existing service cabinets, and other theftdeterrent measures. This award recommendation seeks purchase authority to account for future potential needs to repair lighting and general electrical purchases.

Staff is recommending an award to two vendors to protect and maintain the City’s lighting infrastructure as well as enhance the safety of park visitors and residents.

Having multiple vendors on-call for general electrical supplies would safeguard the City from potential supply shortages in future periods so that staff can repair the City’s critical infrastructure.

Vendor Selection
Bidder Recommendation
Best Bidder One Source Distributors
Evaluation Criteria Price, previous experience, the quality of the material offered; the ability, capacity, and skill of the bidder to provide the materials; the capacity of the bidder to provide the materials promptly, within the time specified, and without delay or interference; and compliance with the City specifications.

Municipal Code SMMC 2.24.180
Submittals Received
One Source
Distributors
$27,807 Tourbillion Enterprises
LLC.

Partial Bid Only
Turtle ALA, LLC. $33,135 Exterior Products, Corp. Partial Bid Only Optima Energy Inc. $33,216
Bid Data

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Date Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
03/15/2024 City's Online
Bidding Site
Santa Monica Daily
Press 28 04/12/2024
Best Bidder Justification
One Source Distributors is the City’s current streetlight electrical supplier and has proven its ability to provide a quality product at competitive prices. City staff have worked with One Source for over nine years and they are a qualified vendor to support City operations and to provide electrical supplies and materials. The vendor consistently delivers competitively priced, high-quality supplies and parts to the City within the desired timeframe and is familiar with the City’s infrastructure and maintenance needs and requirements. It is for these reasons that One Source Distributors is recommended as the best bidder.

Turtle ALA, LLC is also being recommended as a secondary vendor due to their competitive prices for insulated wire. Turtle’s pricing for frequently purchased wire is lower than its competitors; however, other non-wire materials were priced higher. Turtle ALA, LLC which has a location in the City of Los Angeles, is within close proximity to the City. Turtle ALA, LLC. is a reputable, local electrical material supplier for cities, counties, and school districts including City of Los Angeles Housing Authority, Los Angeles Unified School District, and Los Angeles County. It is for these reasons that Turtle ALA, LLC is recommended as the secondary vendor.

Environmental Review
The awards for general electrical supplies are Categorically Exempt from the California Environmental Quality Act (CEQA) under Section 15301. Section 15301 of the CEQA State Guidelines provides Class 1 (existing facilities) exemption for projects that consists of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. The award of general electrical material Purchase Orders would not result in any modifications to existing City facilities. The existing facilities would be maintained and repaired with replacement materials and the award of the Purchase Order would not expand or materially change

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existing facilities or operations. Therefore, the award is Categorically Exempt as set forth in Section 15301 of the CEQA State Guidelines.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to award a Purchase Order to One Source Distributors as the primary vendor to provide general electrical supplies and a Purchase Order to Turtle ALA, LLC as secondary vendor in the event that One Source Distributors is unable to fulfill the order. Funds would be included in the FY 2024-25 Proposed Exception Based Budget. Future year funding is contingent on Council budget approval.

One Source Distributors Purchase Order Request (Primary Vendor) FY 2024-25
Request Amount Future Years Department Account #
Total
Contract
Amount
$300,000 $1,200,000 01500034.529400 $1,500,000
$700,000 $2,800,000 01500034.529400.98934 $3,500,000
$80,000 $320,000 01500020.525080 $400,000
$1,080,000 $4,320,000 $5,400,000
Turtle ALA, LLC Purchase Order Request (Secondary Vendor) FY 2024-25
Request Amount Future Years Department Account #
Total
Contract
Amount
$500,000 $2,000,000 01500034.529400.98934 $2,500,000
$45,000 $180,000 01500020.525080 $225,000
$545,000 $2,180,000 $2,725,000
Prepared By: Steven Hull, Engineering Support Services Administrator Approved Forwarded to Council

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Attachments:

A. April 11, 2023 Staff Report Award Purchase Order for Street Light Electrical B. Oaks Initiative Form - One Source
C. Levine Act Disclosure Form - One Source
D. Oaks Initiative Form - Turtle ALA LLC
E. Levine Act Disclosure Form - Turtle ALA LLC

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City Council
Report
City Council Meeting: April 11, 2023
Agenda Item: 5.B
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Award Purchase Order to One Source Distributors for Street Light Electrical Supplies
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines;

2. Award Bid #SP2685-1 to One Source Distributors, a Delaware Corporation, for the purchase and delivery of streetlight electrical supplies for the Public Works Department; and

3. Authorize the Procurement Manager to issue a purchase order with One Source Distributors for Streetlight Electrical Supplies in the amount not to exceed $500,000 (for one year, with four additional one-year renewal options to extend at increases between 6% to 20%) for a total amount not to exceed $2,500,000, with future year funding contingent on Council budget approval.

Summary
The City of Santa Monica, Department of Public Works - Engineering and Street Services Division is responsible for maintaining approximately 7,150 City streetlights.

Expenditures for streetlight repair supplies and parts are expected to increase over the next few years due to deferred maintenance prompted by the constraints in the City’s General Fund, increased vandalism, continued inflation, and global supply issues. Staff recommends that the City Council award the bid for the purchase of streetlight repair supplies and parts to One Source Distributors in an amount not to exceed $500,000 for one year, with four additional one-year renewal options to extend at increases between

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Attachment: April 11, 2023 Staff Report Award Purchase Order for Street Light Electrical (6245 : Award Bid SP2711 General Lighting and 2 of 4
6% to 20%, which include anticipated cost escalations over the contract period. This would result in a five-year total amount not to exceed $2,500,000.

Discussion
The Engineering and Street Services Division responds to repair requests from the public and requests from the Fire and Police Departments for services such as emergency callouts. The division also coordinates with Southern California Edison for the repair of aging high voltage streetlights. Routine repair inspections are conducted for streetlights, electrical service cabinets, broken pull boxes, and other related city assets. Streetlight inspections and repairs have increased over the last calendar year due to a spike in copper wire theft incidents and vandalism.

The City owns approximately 1,500 high-voltage streetlights and 107,000 linear feet of high-voltage circuits. These assets were built in the 1960s and were scheduled to be replaced prior to the pandemic. Maintaining these aging assets requires the purchase of replacement electrical parts. Typical supply purchases consist of replacement light poles, light fixtures, bulbs, pull boxes, electrical services cabinets, and other related hardware. The bulk of supply costs would go toward the purchase of light poles, which can range from $2,000 to $25,000 depending on the pole design. In 2022, there was a spike in copper wire theft and streetlight vandalism throughout the City, requiring more than $125,000 in copper wire replacement purchases. The wire theft incidents contributed to an increase in the frequency of inspections for streetlights, broken electrical service cabinets and pull boxes, and related City assets. The Division has implemented anti-theft measures such as epoxying (gluing) the lids of newly installed service cabinets and pull boxes, adding locks to existing service cabinets, and other theft-deterrent measures.

In addition, the City has installed new low voltage streetlights and electrical vehicle chargers over the last five years, which has increased the Division’s need for spare replacement parts and related tools and hardware. The installation of new streetlights and increase in wire theft has caused an increase in the frequency of streetlight

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Attachment: April 11, 2023 Staff Report Award Purchase Order for Street Light Electrical (6245 : Award Bid SP2711 General Lighting and 3 of 4
inspections and repairs, causing expenditures for streetlight repair supplies and parts to increase over the last few years.

The cost for streetlight repair supplies and parts is expected to increase over the next five years due to global supply chain issues, high demand for raw materials such as copper, and other inflationary pressures.

Vendor Selection
Bidder Recommendation
Best Bidder One Source Distributors
Evaluation Criteria Price, previous experience, ability to deliver, quality of product, and compliance with City specifications.

Municipal Code SMMC 2.24.180
Bid Data
Date Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
01/03/2023 City's Online
Bidding Site
Santa Monica
Daily Press
8 01/27/2023
Best Bidder Justification
City staff have worked with One Source Distributors for over eight years and they are a qualified vendor to support City operations and to provide electrial supplies and materials. The Submittal received represents the twelve most frequently purchased items and is competitively priced, compared with what the City is currently paying.

Items include light poles, concrete boxes, lamps, and wire. One Source Distributors has previously delivered competitively priced, high quality supplies and parts to the City within the desired timeframe. This vendor is familiar with the City’s infrastructure and maintenance needs and requirements.

Environmental Review
The awards for electrical supply purchases are categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301. Section 15301 of the CEQA State Guidelines provides Class 1 (existing facilities) exemption for projects that Submittals Received
One Source Distributors $24,408.56

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Attachment: April 11, 2023 Staff Report Award Purchase Order for Street Light Electrical (6245 : Award Bid SP2711 General Lighting and 4 of 4
consists of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. The award for electrical supplies purchase order would not result in any modifications to existing facilities. The existing facilities would be maintained and repaired with replacement supplies and the award of the purchase order would not expand or materially change existing facilities or operations. Therefore, the project is categorically exempt as set forth in Section 15301 of the CEQA State Guidelines.

Financial Impacts and Budget Actions
Staff seeks authority to award a purchase order with One Source Distributors for the purchase of streetlight repair supply and parts. Funding will be included in the FY 2023- 25 Proposed Biennial Budget. Future year funding is contingent on Council budget approval.

Purchase Order Request
FY 2023-24
Request Amount
Future Years
Amount Account #
Total Purchase
Order Amount
$490,000 $1,950,000 01500034.529400 $2,440,000
$10,000 $50,000 01500034.529050 $60,000
$500,000 $2,000,000 Total $2,500,000
Prepared By: Steven Hull, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. One Source Distributors Oaks Initiative Form

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Attachment: April 11, 2023 Staff Report Award Purchase Order for Street Light Electrical (6245 : Award Bid SP2711 General Lighting and

CITY OF SANTA MONICA

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

Public benefits include:

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

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________

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Attachment: Oaks Initiative Form - One Source (6245 : Award Bid SP2711 General Lighting and Electrical Supplies for Public Works Dept)

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Attachment: Levine Act Disclosure Form - One Source (6245 : Award Bid SP2711 General Lighting and Electrical Supplies for Public Works

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Attachment: Levine Act Disclosure Form - One Source (6245 : Award Bid SP2711 General Lighting and Electrical Supplies for Public Works

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Attachment: Oaks Initiative Form - Turtle ALA LLC (6245 : Award Bid SP2711 General Lighting and Electrical Supplies for Public Works Dept) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

CALIFORNIA LEVINE ACT DISCLOSURE
In 2022, California’s SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit City “Officers” from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.

Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or
(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________

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Attachment: Levine Act Disclosure Form - Turtle ALA LLC (6245 : Award Bid SP2711 General Lighting and Electrical Supplies for Public Works City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

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Attachment: Levine Act Disclosure Form - Turtle ALA LLC (6245 : Award Bid SP2711 General Lighting and Electrical Supplies for Public Works City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 5.B
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Public Landscape Rick Valte, Public Works Director, Public Works Department Subject: Award Bid with Commercial Aquatic Services for Pool Repair and Maintenance
Recommended Action
Staff recommends that the City Council:

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

2. Award Bid #4482 to Commercial Aquatic Services, Inc for the repair and maintenance of City pools and treated splash pads for the Public Works Department; and

Summary
To ensure the safe operation of the City’s pool facilities, the Public Landscape Division of the Public Works Department contracts out pool maintenance and repair services for pools at the Annenberg Community Beach House and Santa Monica Swim Center, and for the treated splash pads at Annenberg Community Beach House and Virginia Avenue Park. Staff recommends awarding Bid #4482 to Commercial Aquatics Services for pool maintenance and repair services for a total amount not to exceed $806,516 over a fiveyear period.

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Discussion
The City employs aquatics maintenance workers to execute daily maintenance tasks for the City’s pools and treated splashpads. On top of these daily tasks, these facilities require routine maintenance to ensure the proper balance of water chemistry and a safe environment for the public. The Virginia Avenue Park and Annenberg Beach House splash pads undergo filter and chemical system maintenance on a weekly and biweekly basis, respectively. In addition, biweekly services are performed on the pool equipment at the Annenberg Community Beach House and Santa Monica Swim Center. The City must also address any equipment failures and as-needed repair work in a timely manner to prevent the shutdown of pool facilities. The City has contracted out these services for many years due to the specialized knowledge, skills, and equipment needed to perform the higher level maintenance and repairs required at these facilities.

Vendor Selection
Bidder Recommendation
Best Bidder Commercial Aquatic Services
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 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
Bid Data
Date
Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
03/08/2024 City's
Online
Bidding
Site
Santa Monica Daily
Press
14 04/11/2024
Best Bidder Justification
Submittals Received
Hasa Inc. DBA Commercial Aquatic
Services $806,516 USA Management $1,019,814

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Two bids were submitted and evaluated by a panel comprised of administrative and operations staff from the Public Landscape Division of the Public Works Department, the Annenberg Beach House, and the Santa Monica Swim Center. The bid was drafted to represent the maintenance of each pool and treated splash pad, with both weekly and annual maintenance rates considered. Labor rates for repair work were also bid. Commercial Aquatic Services was the best and lowest bidder across the weekly and annual routine maintenance and, while the annual increases were a higher percentage, the base cost was low enough that the annual increases will not result in higher prices through the length of the agreement. In addition, Commercial Aquatic Services has had a positive working relationship with the City in the past.

Environmental Review
The award of an agreement for the maintenance of pools and treated splash pads at City facilities 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 agreement is for the maintenance and repair of pools and treated splash pads across the City and would not expand or materially change existing facilities or operations. Therefore, the award agreement is Categorically Exempt pursuant to Section 15301 of the CEQA Guidelines.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund and the Beach Fund to award an agreement with Commercial Aquatic Services for the repair and maintenance of pools and treated splash pads across the City.

Contract Request
FY 2024-25
Request
Amount
Department Account #
Future year
amount Total Contract
Amount

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$39,625 11500001.550010 $231,700 $271,325
$40,421 01500020.529142 $426,577 $466,998
$7,775 01500020.529147 $60,418 $68,193
$87,821 $718,695 $806,516
Future year funding is contingent on Council budget approval.

Prepared By: Leah Cornelius, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Oaks Initiative Form - HASA, Inc.

B. Levine Act Disclosure Form - HASA, Inc.

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

Public benefits include:

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

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

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

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

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

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

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

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

Hasa, Inc.

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

Ken Ward, CFO; Chris Brink, CEO
Name(s) of persons with more than a 10% equity, participation, or revenueinterest:

None
Prepared by: Title:

Signature: Date:

Email: Phone:

FOR CITY USE ONLY:

Bid/PO/Contract # Permit #
Amy Vermillion Commercial Director
[email protected] 661-259-5848
11/03/2023

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Attachment: Oaks Initiative Form - HASA, Inc. (6329 : Pool Repair and Maintenance)

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Attachment: Levine Act Disclosure Form - HASA, Inc. (6329 : Pool Repair and Maintenance)

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Attachment: Levine Act Disclosure Form - HASA, Inc. (6329 : Pool Repair and Maintenance) City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 5.C
1 of 7
To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: Approval to Accept FEMA Hazard Mitigation Grant Funds for Local Hazard Mitigation Plan
Recommended Action
Staff recommends that the City Council:

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

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

4. Adopt the attached resolution with the State of California, Governor’s Office of Emergency Services (CalOES) Program.

5. Authorize budget changes as outlined in the Financial Impacts & Budget Action section of this report (requires 5 votes).

Summary
Staff seeks Council authorization to accept a federal grant and adopt a resolution from the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) through the State of California, Governor’s Office of Emergency Services (CalOES) Program for performance period beginning in 2024 and concluding on August 18, 2026, in an amount not exceeding $135,000.

Grant funds will be utilized to hire a contractor to conduct a social vulnerability analysis, identifying and assessing the City’s social needs in relationship to its natural hazards and level of preparedness presented in the recently updated Local Hazard Mitigation

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Plan. The plan will focus on the Pico Neighborhood (Census Tract 701801) and detail how disasters would likely impact the individuals in the community and identify specific community-based mitigation measures that could reduce risk and increase community disaster resilience. The contractor will be responsible for compiling and analyzing existing data and reports on various community measures that indicate if communities may be more prone to the impacts of disaster, including socioeconomic status, household composition and disability, minority status and language, and housing and transportation. The contractor will also work with Santa Monica Office of Emergency Management (OEM) to conduct a community survey on vulnerabilities and deploy community outreach strategies to educate community members on local hazards and collect feedback on vulnerabilities and priorities in building disaster preparedness and mitigation measures.

This grant-funded plan will build upon the City’s Local Hazard Mitigation Plan, expected to be updated no later than December 2024. The plan will also be in alignment with the City’s revised Safety Element. The entire set of plans is designed to educate City staff, stakeholders, and the local community on the hazards that exist in Santa Monica and include both large infrastructure projects and smaller, community-based mitigation actions to reduce disaster-related loss of life and property.

Discussion
Hazard mitigation planning is the identification of common, local disaster hazards and risks, such as earthquakes, climate change, tsunami, and prioritizing the strategies that the community should take to reduce loss of life and property from these risks and improve disaster resilience. Mitigation investments are essential in reducing the cost of disaster response and recovery. According to recent updates from the National Institute of Building Sciences 2019 Report, $1 spent on disaster mitigation projects saves on average $11 (www.nibs.org). The federal Disaster Mitigation Act of 2000 (DMA2000) sets standards on disaster relief and creates measures to guide the provision of disaster relief programs. DMA2000 encourages and rewards local and state pre-disaster planning, allowing cities to be eligible for funds for disaster preparedness planning

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activities. The DMA2000 also sets requirements for the national post-disaster Hazard Mitigation Grant Program, where the Local Hazard Mitigation Plan is required to receive full federal reimbursement and grants for response and recovery work.

There are several citywide plans that identify natural and human-caused hazards and vulnerabilities in the community. The City’s Safety Element is a State-mandated element of the City’s General Plan that establishes the City’s goals, policies, and programs to reduce short- and long-term risk of death, injuries, property damage, and social dislocation due to hazards for the natural and built environment. The City’s Local Hazard Mitigation Plan is a complementary and required plan identifying natural hazards that may impact a local jurisdiction and identifies actions and activities the jurisdiction commits to take to reduce loss from these hazards. Per 44 Code of Federal Regulations (CFR) Part 201, “to ensure eligibility for federal Hazard Mitigation Grant Program funding, it is local government’s responsibility to prepare and adopt a jurisdiction-wide natural hazard mitigation plan every five years.” The Community Development Department and OEM have been working in partnership with all City departments to update these two foundational plans. The plans aim to better educate the public on local risks, share existing actions the City has taken to reduce disaster risk, and set forth and commit to City policies and programs to reduce the effects of natural hazards. Santa Monica OEM expects to seek City Council approval on the traditional Local Hazard Mitigation Plan in fall/winter 2024, before it is sent to CalOES and FEMA for review and approval.

Santa Monica OEM applied for and was awarded a sub-application through the State of California, Governor’s Office of Emergency Services for a federal Hazard Mitigation Assistance Grant (HMAG). The HMAG has a 36-month performance period that was started when the grant was awarded to the City in August 2023. For the past year, the City has started the traditional Local Hazard Mitigation Plan that is being funded primarily through the General Fund. From June 2024 – December 2024, OEM will transition from working on the traditional Local Hazard Mitigation Plan to launching the grant-funded, Social Vulnerability Analysis and community-based elements of the project.

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A Social Vulnerability Analysis describes the characteristics of a specific community and identifies vulnerabilities within that community that may make it more susceptible to the negative impacts of emergencies and disasters. The work completed by the grant will compile existing data, such as FEMA’s National Risk Index and the Centers for Disease Control’s Social Vulnerability Index, and then compare it to results presented by the City’s revised Local Hazard Mitigation Plan, identifying specific areas and communities in Santa Monica that are most vulnerable to disaster impacts. Census tracts 701801, 702201, and 701902 have a Very High ranking on the FEMA’s National Risk Index.

Census tract 701801, the area between Centinela Avenue and 20th Street and Colorado Ave and Pico Blvd., will be highlighted as it not only has a Very High ranking on the FEMA Index but also has a Very High ranking on CDC’s Social Vulnerability Index. The City will then take a community approach to disaster preparedness and mitigation planning, by engaging community groups and stakeholders to learn about local hazards and vulnerabilities and self-identify community-based preparedness and mitigation strategies to reduce community vulnerability.

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National Risk Index – Santa Monica Census Tracts
Source: Map | National Risk Index (fema.gov)
During major disaster events, active community residents and volunteers play an integral role in disaster response activities. Individuals and local networks can assist in the distribution of critical information, the augmentation of response and recovery staffing through volunteerism, and creating a support network and safety net around those with access and functional needs. The goal of the Social Vulnerability Analysis and community-based mitigation plan is to empower local residents to be informed of the hazards and social risks in their own backyard and then create a roadmap to reduce those risks to improve self-reliance, adaptability, and resilience. Examples of community-based mitigation include local faith-based institutions providing natural hazard and preparedness education or creating a network of trusted neighborhood leaders sharing post-disaster information. The goal of the grant will be to create a comprehensive set of community-based mitigation actions that are supported by City departments and can be achieved within five years, in alignment with the traditional Hazard Mitigation Plan.

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A consultant will be procured to conduct the research for this plan and facilitate plan development and writing. The implementation and monitoring of the plan will be implemented primarily by OEM, as a component of the Local Hazard Mitigation Plan monitoring efforts. Other City departments have an interest in the development of this plan, as it aligns with their existing work. They will be partners in the creation of the plan’s scope of work, review of the plan, and potentially assist with implementation of the identified community-based mitigation strategies.

Environmental Review
The use of grant funding for the LHMP is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines. The grant funding 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 funds will provide the City with analysis focused on hazard vulnerabilities in the Pico neighborhood. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Financial Impacts and Budget Actions
Staff seeks authority to accept a grant from U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA), Hazard Mitigation Assistance Grant.

The Office of Emergency Management will utilize budgeted staff time to cover the local match (approximately 80 hours of staff time). The match will be met by budgeted staff logging hours for the development, review, coordination, approval, and adoption of the Social Vulnerability appendix of the Local Hazard Mitigation Plan. Approval of the recommended actions require the following budget amendment:

FY 2023-24 Grant Budget Amendment
Establish Revenue Budget Appropriate Funds
Account Number Amount Account Number Amount
20200004.406030 $135,000 20200004.556700 $135,000

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If renewals are awarded, budget changes will be included in subsequent year budgets, contingent on Council budget approval.

Prepared By: Lindsay Call, Chief Resilience Officer
Approved Forwarded to Council
Attachments:

A. CalOES 130_Designation of Applicants Agent Resolution Non-State Agencies_Santa Monica_755_06.11.24

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DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), - - Flood Mitigation Assistance Program (FMA)
- National Earthquake Hazards Reduction Program (NEHRP) - California Early Earthquake Warning (CEEW)
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Attachment: CalOES 130_Designation of Applicants Agent Resolution Non-State Agencies_Santa Monica_755_06.11.24 (6350 : Hazard Please check the appropriate box below

CERTIFICATION
Rev. 2022 OES- -

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Attachment: CalOES 130_Designation of Applicants Agent Resolution Non-State Agencies_Santa Monica_755_06.11.24 (6350 : Hazard Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.

Resolution Section:

Governing Body
Name of Applicant
Authorized Agent
and
Rev. 2022 OES- -

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Attachment: CalOES 130_Designation of Applicants Agent Resolution Non-State Agencies_Santa Monica_755_06.11.24 (6350 : Hazard Checking Universal or Disaster-Specific Box:

Governing Body Representative
cannot
Certification Section:

Name and Title
cannot
Rev. 2022 OES- -

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Attachment: CalOES 130_Designation of Applicants Agent Resolution Non-State Agencies_Santa Monica_755_06.11.24 (6350 : Hazard City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 5.D
1 of 4
To: Mayor and City Council
From: Anuj Gupta, Director of Transportation, Department of Transportation, Transit Maintenance
Subject: Award Purchase Order with American Moving Parts, LLC for Transit Bus and Fire Department Brake Parts
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption (Class 1 Existing Facilities) pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;

2. Award Bid #4488 to American Moving Parts LLC for the purchase of brake components for transit buses and heavy-duty fire apparatus for the Transportation and Fire Departments;

Summary
Big Blue Bus, a division of the Santa Monica Department of Transportation (DOT), operates 194 transit buses that provide over 800,000 rides and travel 390,000 miles each month. Additionally, the Santa Monica Fire Department (FD) operates 25 heavyduty apparatus that are maintained at DOT’s maintenance facility. The brake components of these vehicles experience normal wear and tear during operation and must be periodically replaced. The award to American Moving Parts for purchase of brake parts would enable DOT staff to perform maintenance, repairs, and replacement of braking systems on transit buses and FD apparatus to ensure that the braking systems are maintained to Original Equipment Manufacturer (OEM) recommendations,

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and that the braking systems conform to all Federal, State, and local laws, rules and regulations governing air brake system functions and components. Staff recommends that Bid #4488 be awarded to American Moving Parts, LLC, to provide brake parts for transit buses and FD heavy-duty apparatus in an amount not to exceed $1,177,097, which includes a 10% contingency.

Discussion
The City’s fleet of transit buses and FD apparatus require routine brake pad and drum/rotor replacement due to normal wear and tear on brake components in service.

DOT uses reline kits containing a set list of parts needed to reline the drum brakes on its transit buses and FD apparatus. The bundling of parts needed to perform the work of servicing brake systems improves workflow in the performance of the work and simplifies the purchase of brake parts. The brake kits provide all necessary parts and hardware to facilitate the complete refurbishment of brake assemblies and ensure that the braking systems are maintained to OEM specifications to operate at optimum efficiency.

The bid award would enable the City to purchase brake reline kits that contain brake drums, brake lining, brake pads, and all associated hardware needed to refurbish the braking systems on transit buses and FD apparatus. The award would also ensure that the braking systems are maintained to OEM specifications and that the braking systems conform to all Federal, State, and local laws rules and regulations governing air brake system functions and components. Staff recommends that Bid #4488 be awarded to American Moving Parts, LLC for purchase of transit bus and FD apparatus brake parts.

Vendor Selection
Bidder Recommendations
Best Bidder American Moving Parts, LLC
Evaluation Criteria
Price; experience, the quality of the material or services offered; the ability and capacity of the bidder to provide the materials or services.

Municipal Code SMMC 2.24.180

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Submittals Received
American Moving Parts, LLC $1,177,097 RWC Group $1,171,248 Bid Data
Date Posted Posted On
Advertise In Vendors
Downloaded
Date
Publicly
Opened
(City Charter &
SMMC)
4/18/2024 City's Online
Bidding Site
Santa Monica
Daily Press 12 5/9/2024
Best Bidder Justification
Bid #4488 was evaluated by staff from the Department of Transportation, Transit Maintenance Division. Bids were evaluated based on the price, experience providing brake parts to transit agencies, and ability to provide all parts listed the request for bid. Based on the evaluation criteria, staff recommend awarding the bid to American Moving Parts, LLC as the best bidder. While not the lowest bidder, American Moving Parts, LLC was able to provide all parts listed in the request for bid and had more relevant experience providing brake parts to the Orange County Transportation Authority, OMNITrans, and the Massachusetts Bay Transportation Authority. The low bidder did not have any experience providing brake parts to transit agencies and did not bid on all products requested.

Environmental Review
The purchase order for transit bus and FD apparatus brake parts is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines. Section 15301 exempts Class 1 (Existing Facilities) projects from CEQA, which includes 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. The purchase of transit bus and FD apparatus brake parts would not result in any modifications to existing maintenance facilities and would not expand or materially change existing maintenance operations or increase the fleet of vehicles or equipment using these parts. Therefore, this is categorically exempt as set forth in Section 15301 of the CEQA Guidelines.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Big Blue Bus Fund and the General Fund to award a purchase order with American Moving Parts, LLC for purchase

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and delivery of transit bus and FD apparatus brake parts. Future year funding is contingent on Council budget approval.

Purchase Order Request
Current Year
Request
Amount
Amount for
Future Years Fund Department/CIP Account #
Total
Amount
$10,000 $898,597 Big Blue Bus 60600008.5293000 $908,597 $3,000 $177,000 Big Blue Bus C6004750.689000 $180,000
$1,500 $87,000 General Fund 01190001.529470 $88,500
Prepared By: David Nanjo, Administrative Analyst
Approved Forwarded to Council
Attachments:

A. AMP Oaks
B. City of SM - Levine Form AMP 5.30.2024

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Attachment: AMP Oaks (6384 : Transit Bus and FD Brake Parts)

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Attachment: City of SM - Levine Form AMP 5.30.2024 (6384 : Transit Bus and FD Brake Parts)

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Attachment: City of SM - Levine Form AMP 5.30.2024 (6384 : Transit Bus and FD Brake Parts) City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 5.E
1 of 7
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Office of Sustainability & the Environment
Subject: Approve Modification to Award with GreenWealth Energy Solutions for Electric Vehicle Charging Services
Recommended Action
Staff recommends that the City Council:

Summary
In November 2023, Council awarded bid number 372 to GreenWealth Energy Solutions (GreenWealth), and authorized the City to enter into an agreement to replace broken electric vehicle (EV) chargers at several City facilities and to add new chargers at future City locations. Per the authorization, GreenWealth would own, operate, and maintain the new chargers that they installed. Staff recommends modifying bid award number 372 to increase the number of EV chargers and locations managed by GreenWealth to improve station uptime and reduce the time and cost burden of maintaining the network in-house. Transferring the City’s operations and maintenance (O&M) responsibilities to a third-party that is dedicated to EV charging operations would benefit both EV drivers and the City and would result in a positive budget impact. Staff recommends amending the award to contract with GreenWealth Energy Solutions to replace old chargers at

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three priority parking facilities, handle O&M for existing public chargers, and install and operate new chargers, as requested by the City. Since the RFP was initially awarded in early 2023, it has become clear by the volume of repair requests that the City needs third-party assistance in maintaining the charging network. EV charger maintenance is a challenge that cities and site hosts across the country are experiencing. As the City’s charging network grows to support increased EV adoption, so does the importance of operating a reliable charging network.

Discussion
The State of California has a goal of reaching 5 million zero emission vehicles on the road by 2030. By 2035, 100% of new cars and light trucks sold in the state are required to be zero-emissions vehicles. Expanding public EV charging options is critical to supporting the rapidly growing EV adoption rates.

Council adopted the EV Action Plan in 2017 (Attachment B) to support EV adoption through policies, programs, and infrastructure projects that expand EV charging access.

Santa Monica currently has 178 standard level 2 chargers that are owned and operated by the City, and 28 DC fast chargers that are owned and operated by EVgo.

The City entered into a contract with ChargePoint Inc. to purchase EV charging equipment in 2018. The City coordinates the installation, operations, and maintenance of these chargers and retains revenues earned at these stations. As the number of chargers and utilization rates have increased, so have maintenance costs and time to repair broken stations. Bringing on a third-party to manage and operate new stations benefit both the City and EV drivers that count on EV chargers to be working. The City would save money on the capital costs of installing the equipment and would no longer have to pay for operating costs under the new model. GreenWealth would provide level 2 chargers, including ChargePoint EV chargers, similar to the existing chargers found at other City parking facilities and would remit 5-10% of profits to the City after operating costs are met, even though profit sharing was not a requirement in the RFP solicitation.

The profit share amount would be reduced from GreenWealth’s initial proposal of 20% to account for increased electricity costs and to help keep fees down for drivers.

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GreenWealth may also install other charger types to expand charging options for a range of EV technologies. This could include different equipment providers and plug types such as the North American Charging Standard (NACS) used by Tesla and adopted by several other manufacturers including Ford and GM.

Per the previously approved agreement terms, GreenWealth would be responsible for replacing a minimum of 49 old charge ports at three parking structures (Structure 6, 9, and the Civic Structure) and installing chargers at new sites identified by the City in collaboration with the vendor, including three parking lots at the Santa Monica Airport.

Under the proposed modification terms, GreenWealth would become the owners and operators of 94 existing City public charge ports, the 94 ports include all public ChargePoint stations except for the five solar-powered chargers, which the City would retain ownership of to continue offering free charging at these locations. GreenWealth would install chargers at mutually agreed upon City locations at no cost to the City, cover electricity costs, and retain the majority of charging revenue. The City may also elect to transfer ownership and operations of City-owned fleet chargers or additional public chargers for GreenWealth to maintain in the future.

GreenWealth would prioritize the replacement of existing chargers, many of which are broken, at. the Civic Center Parking Structure, and Parking Structures 6 and 9 located downtown. The stations at these locations are old, non-networked chargers (not ChargePoint stations) that are unable to collect revenue or provide usage data to monitor station status.

EV charging user fees at GreenWealth-operated chargers would be based on regional user fees and electricity rates. Proposed fees are around $0.35/kWh-$0.49/kWh on a time-of-use rate structure and are subject to change based on electricity rates set by the Clean Power Alliance and Southern California Edison. User fees are currently $0.30/kWh-$0.35/kWh at City-owned chargers. GreenWealth would review proposed fee structures with the City annually to ensure pricing is reasonable and calibrated to current market conditions and electricity rates. GreenWealth would reimburse the City for electricity costs incurred by their EV chargers at all locations.

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By transferring ownership and O&M of 94 existing ChargePoint units to GreenWealth, the City is expected to save $181,000 per year in software, maintenance, and electricity costs. The City currently earns approximately $174,000 per year in revenues from EV user fees, EV overstay fines, and Low Carbon Fuel Standard (LCFS) revenues for these stations, but these revenues do not offset the full costs, including capital costs and staff time to manage the network. (LCFS revenues come from a State program designed to decrease the carbon intensity of California’s transportation fuel by incentivizing cleaner alternatives.) If the City decides not to extend the agreement at the end of the initial fiveyear term, the City would resume ownership and O&M of all EV chargers at no cost to the City. If this modification is not approved and Council chooses to proceed with the initial scope authorized in November 2023, GreenWealth has indicated that the term length would need to be increased from five years to ten years in order for them to proceed with the agreement due to increased financing costs from their lender that occurred after the RFP response was submitted.

By transferring ownership and O&M of 94 existing public charge ports, the City would no longer collect EV User Fee revenues, EV overstay fines, or LCFS revenues in the following accounts in the following estimated amounts:

Account Description Est. Annual
Revenues (not
collected)
01500002.410760 General Fund – OSE (EV User Fee) $101,939. 11430001.410760 Beach Fund - Annenberg $3,963
11700001.410760 Beach Fund – Economic
Development
$8,610
01500002.403480 General Fund – OSE (EV Overstay
Fine)
$29,419
10500004.415541 Special Revenue Fund – LCFS $30,000
Total Revenues $173,932
The City would no longer incur the following annual costs associated with these 94 charge ports:

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Account Description Est. Annual Costs
01500034.529050 General Fund – Street Lighting EV
Maintenance
$20,593
C1007490.689000 CIP EV Action Fund – Software and
Maintenance
$40,292
Various Electricity Costs $120,185
Total
Expenditures
$181,070
Note: The City would still incur maintenance and software costs for fleet chargers, which is estimated to cost around $15,000 per year and can be covered by the existing budget in 01500034.529050.

Net Budget Impact
Amount Accounts Description
O&M Costs $181,070 Various Software, Maintenance,
Electricity transferred to
GreenWealth
Lost Revenues ($173,932) Various EV User Fees and
Overstay Fine, LCFS
Revenues
Projected profitshare revenues
(Year 1, subject
to increase)
$22,813 01500002.416300
01500002.416301
General Fund and Airport
Fund profit-share revenues
Total +$29,951
Environmental Review
The contract is Categorically Exempt from CEQA pursuant to Sections 15301, Section 15302, and Section 15303 of the CEQA Guidelines. Section 15301 exempts Class 1 (Existing Facilities) projects from CEQA, which include the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Section 15302 exempts Class 2

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projects (Replacement/Reconstruction) 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 contract will allow for the replacement and maintenance of existing EV chargers. In addition, the installation of new EV chargers is Categorically Exempt pursuant to Section 15303 (New Construction of Small Structures), which exempts construction and location of limited numbers of new, small facilities or structures including utility extensions and accessory structures/facilities such as EV chargers.

Past Council Actions
Meeting Date Description
07/25/17 (Attachment A) Original bid and award of agreement with ChargePoint, Inc. for EV charger procurement
11/14/17 (Attachment B) Council adopted EV Action Plan
03/06/18 (Attachment C) Modification to agreement with ChargePoint to expand procurement and services from fleet-only to public
chargers
09/10/19 (Attachment D) Original bid and award of agreement with EVgo Services LLC for DC fast charging installation and services
11/28/23 (Attachment E) Awarded agreement with GreenWealth Energy Solutions for installation, operation, and maintenance of designated public EV chargers
Financial Impacts and Budget Actions
Staff seeks authority to enter into an agreement with GreenWealth Energy Solutions LLC to provide EV charging installation, operations, and maintenance at select City sites. The recommended action in this report is expected to have a positive impact to the General Fund and eventually the Airport Fund since the electricity costs will be reimbursed by GreenWealth. The reimbursement and profit-sharing revenues for the General Fund will be deposited in accounts 01500002.416300 and 01500002.416301, and to the Airport Fund in 57500001.416302 and 57500001.416303, respectively.

The timing and amount of the revenues to be received and the electricity expenses to be incurred in FY24-25 are subject to contract negotiations and project timelines for

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repairs and new installs. The Public Works Department will track and monitor both the revenues and the expenditures closely. Staff will return to Council if specific budget actions are required in the future.

Prepared By: Ariana Vito, Sustainability Analyst
Approved Forwarded to Council
Attachments:

A. Staff Report: Original ChargePoint Agreement (Web Link) B. EV Action Plan (Web Link)
C. Staff Report: ChargePoint Agreement Modification (Web Link) D. Staff Report: EVgo Agreement (Web Link)
E. Staff Report: GreenWealth Award Authorization (Web Link) F. Oaks Initiative Form - GreenWealth
G. Levine Act Disclosure Form - GreenWealth

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CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

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

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

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

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Attachment: Oaks Initiative Form - GreenWealth (6396 : GreenWealth EV Charger Agreement Update)

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________

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Attachment: Oaks Initiative Form - GreenWealth (6396 : GreenWealth EV Charger Agreement Update) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

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Attachment: Levine Act Disclosure Form - GreenWealth (6396 : GreenWealth EV Charger Agreement Update) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

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Attachment: Levine Act Disclosure Form - GreenWealth (6396 : GreenWealth EV Charger Agreement Update) City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 5.F
1 of 4
To: Mayor and City Council
From: Anuj Gupta, Director of Transportation, Department of Transportation, Transit Planning & Performance
Subject: Approval of Second Contract Modification with WaySine, LLC for Real-Time Arrival Sign Cellular Service
Recommended Action
Staff recommends that the City Council

2. Authorize the City Manager to negotiate and execute a second modification to agreement #10757 (CCS) in an amount not to exceed $165,600 with WaySine, L.L.C., for parts and continued cellular service for existing real-time signs at Big Blue Bus stops and shelters for the Department of Transportation. This will result in a 7-year amended agreement with a new total amount not to exceed $977,725 with future year funding contingent on Council budget approval.

Summary
Big Blue Bus (BBB), a division of the Santa Monica Department of Transportation (DOT), operates 194 transit buses across 69 square miles of greater Los Angeles providing more than 800,000 rides each month. BBB is committed to providing an exceptional user experience, including during the time that customers are waiting for a bus at a BBB stop. The City Council previously directed staff to improve the overall customer experience when waiting for a Big Blue Bus through the provision of solar lighting and real-time signs at bus stops. Staff recommends the City modify its agreement with WaySine, L.L.C., which provides lighting and electronic real-time information displays at over 200 BBB stops and shelters. In the modified agreement, the

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term of the contract would be revised to include a one-year term and one (1) additional one-year renewal option. This second modification would also add $165,600 to the contract for a new not-to-exceed amount of $977,725. This second modification would enable DOT to continue cellular service for the existing real-time signs at BBB stops and allow for the purchase of real-time sign replacement parts and materials.

Discussion
In 2018, Council awarded a contract to WaySine for the purchase and installation of solar lights and real-time displays to allow Big Blue Bus customers to see real-time bus arrival information. An initial base purchase and installation of lighting at 14 small shelters, lighting plus real-time displays at 10 large shelters, and lighting plus real-time displays on 166 bus stop pole locations took place in 2019. In 2020, Council authorized a first modification to the agreement with WaySine to revise the term of the contract and authority to purchase and install approximately 40 additional units.

Under this proposed second modification, cellular service would be extended to all existing WaySine real-time information signs at BBB stops. Additionally, DOT would be able to purchase replacement parts and materials to repair or replace real-time signs.

DOT’s Transit Facilities Maintenance staff would be responsible for all labor associated with the repair of stop signage.

Provision of real-time information is warranted under Big Blue Bus’s Council-approved service standards at all bus stops that exceed 100 average daily weekday boardings.

Extending the cellular service and facilitating sign repair are necessary to ensure there is no disruption in service to BBB customers.

Environmental Review
This contract modification is categorically exempt from CEQA pursuant to Section 15302 (Class 2 Replacement or Reconstruction) of the CEQA Guidelines. Section 15302 exempts Class 2 (Replacement or Reconstruction) projects which include the replacement or reconstruction of existing structures and facilities where the new structure will be located in the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The award contract would provide for the purchase replacement parts and materials to repair or replace real-time signs. Additionally, the contract is covered by the commonsense

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exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The modification will allow the City to continue to provide real-time signage to Big Blue Bus customers. Therefore, it can be seen with certainty that the agreement would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.

Past Council Actions
Meeting Date Description
10/09/2018
(attachment A)
Authorize agreement with WaySine, L.L.C. following RFP
process
11/24/2020
(attachment B)
Authorize first modification to agreement with WaySine, L.L.C.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Big Blue Bus Fund to increase the amount of the agreement with WaySine LLC for real-time arrival sign cellular service. Proposed costs will be split between Bus Stop Amenities and Prop 1B Safety & Security funds.

Contract Modification Request: WaySine, LLC
Agreement # Current
Authorized
Amount
FY 2023-24
Request Amount
CIP Account # Total Revised
Contract Amount
10757 $812,125 $165,600 C6004780.689000
C6004910.689000
$977,725
Future year funding is contingent on Council budget approval.

Prepared By: Jessica Saks, Assistant Administrative Analyst Approved Forwarded to Council

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Attachments:

A. Contract #10757_Original_Agreement
B. Contract #10757_First Mod
C. 2024_03_06_Oaks_Initiative_2024
D. Way Sine Spare Parts Cost Sheet
E. bbb_realtime_highvolume_stop
F. Levine Act Disclosure

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Attachment: Contract #10757_Original_Agreement (6408 : Second Modification of Real-time Sign contract with WaySine) products and install such products within the Initial Term, with the 5 year warranty to commence after the issuance of the notice of completion.

2.1. Additional Services. The City may seek additional bus stop lighting and realtime displays ("Additional Services") in an amount not to exceed $24,000 during each option year. The Additional Services will be provided by the Contractor at the same product pricing and installation cost set forth in Contractor's Proposal and Exhibit B, Budget.

3. City Services. The City agrees to:

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

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

3.3 Promptly examine and render findings on all documents submitted for staff review by Contractor.
4 Compensation. The City will compensate Contractor for the Services performed as follows:

4.1 Initial Term. The total amount of compensation for all Services provided or performed shall be in accordance with the schedule set forth in Exhibit B, Budget, and shall not exceed $706,195

4.2 Additional Services. The City will compensate Contractor for Additional Services performed in an amount not to exceed $24,000 for each optional term, if any, as set forth in Section 2.1, above, and Exhibit B, below.

4.3 Total Amount Not-To-Exceed. The total amount of compensation for all Services and Additional Services shall not exceed $812,125 as set forth in Exhibit B. 5 Invoices. Consultant will invoice the City for the Services in accordance with Exhibit B and the City will pay any undisputed amount within 30 days of receipt. 6 Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:

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

Big Blue Bus
City of Santa Monica
1620 6
11 , Street
Santa Monica, California 90401
Attention: Eric Hoch
Re: Contract No. 10757
with a copy to:
- 2 -
January 2017

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Packet Pg. 189 Attachment: Contract #10757_Original_Agreement (6408 : Second Modification of Real-time Sign contract with WaySine) 1 FIRST MODIFICATION OF AGREEMENT NO. 10757 (CCS)
This First Modification of Agreement Number 10757 (CCS) (“First Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and WaySine, LLC. (WaySine) is made with reference to the following:

RECITALS
A. On or about December 18, 2018, the City and WaySine entered into Agreement Number 10757 (CCS) for the purchase and installation of real-time signs and lighting units for Big Blue Bus stops and shelters (“Original Agreement”).

B. The City and WaySine desire to modify the Original Agreement to extend the contract term; include additional services to be performed by WaySine; to use the remaining the contract balance to pay for those additional services.

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

1. Section 1 of the Original Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph:

Term. This Agreement begins on the Execution Date and terminates on June 30, 2024, unless terminated earlier as set forth in the Original Agreement or extended by the parties in writing.

2. Section 2.1 of the Original Agreement entitled “Additional Services” shall be deleted in its entirety and replaced with the following paragraph:

Additional Services. Contractor will provide additional bus stop lighting and real-time displays (“Additional Services”) at the same product pricing and installation cost set forth in Exhibit B-1, Budget.

3. Section 4.2 of the Original Agreement entitled “Additional Services” shall be deleted in its entirety and replaced with the following paragraph:

Compensation. The City will compensate Contractor for the Additional Services performed in an amount not to exceed $142,125, as set forth in Section 2.1 and Exhibit B-1, Budget.

4. Exhibit B-1 is attached hereto incorporated herein by this reference.

DocuSign Envelope ID: 1AFC9FE6-FDFA-4735-8C67-492C1876CF58 2/3/2021

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Packet Pg. 190 Attachment: Contract #10757_First Mod (6408 : Second Modification of Real-time Sign contract with WaySine) 2 5. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk
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: 1AFC9FE6-FDFA-4735-8C67-492C1876CF58 George Cardona
Interim City Attorney
1/29/2021 Way Sine LLC
Managing Member
1/29/2021
Karl Chang
2/3/2021
Interim City Manager
Lane Dilg
2/4/2021
City Clerk
Denise Anderson-Warren

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Packet Pg. 191 Attachment: Contract #10757_First Mod (6408 : Second Modification of Real-time Sign contract with WaySine) 3 Exhibit B-1
Budget
The City will compensate WaySine for the Additional Services performed in an amount not to exceed $142,15 for the remaining Term of this Agreement in accordance with Budget attached here as Exhibit B-1. The total amount of compensation for Services and Additional Services shall not exceed $812,125.

Name Description Price Qty Total
WS-24CPWL
Solar powered pole
mounted signage system
with security lighting
$3,000.00 9 $27,000.00
WS-24CS Solar powered shelter
mounted signage system $3,000.00 28 $84,000.00
Support
Warranty
Maintenance
5 year warranty included
on all systems
5 years maintenance free
5 years communications
included - Cellular
$120/sign/year
Remote On-Call Support
for the life of the system
$0.00 All $0.00
Installation Installation of pole
mounted systems $200.00 9 $1,800.00
Installation Installation of shelter
mounted systems $200.00 28 $5,600.00
Installation Removal of old real-time
signs $200.00 24 $4,800.00
Taxes Sales tax 7.75% $111,000.00 $8,602.50
Total $131,802.50
DocuSign Envelope ID: 1AFC9FE6-FDFA-4735-8C67-492C1876CF58

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Packet Pg. 192 Attachment: Contract #10757_First Mod (6408 : Second Modification of Real-time Sign contract with WaySine)

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Packet Pg. 193 Attachment: 2024_03_06_Oaks_Initiative_2024 (6408 : Second Modification of Real-time Sign contract with WaySine)

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Packet Pg. 194 Attachment: 2024_03_06_Oaks_Initiative_2024 (6408 : Second Modification of Real-time Sign contract with WaySine)

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Packet Pg. 195 Attachment: Way Sine Spare Parts Cost Sheet (6408 : Second Modification of Real-time Sign contract with WaySine)

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Packet Pg. 197 Attachment: Levine Act Disclosure [Revision 1] (6408 : Second Modification of Real-time Sign contract with WaySine)

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Packet Pg. 198 Attachment: Levine Act Disclosure [Revision 1] (6408 : Second Modification of Real-time Sign contract with WaySine) City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 5.G
1 of 6
To: Mayor and City Council
From: Matthew Hallock, Fire Chief, Fire Department
Ramon Batista, Police Chief, Police Department
Subject: Accept UASI 2023 Grant and Approve 3rd Modification with Advanced Problem Solving, LLC
Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to accept a grant award in the amount of $250,000 from the 2022 Urban Area Security Initiative (UASI) for homeland security projects in the Fire Department;

3. Authorize the City Manager to execute all necessary documents to accept the grants and any subsequent grant modifications;

4. 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;

6. Authorize a budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).

Summary
Each year, the Federal government, through the Urban Area Security Initiative Grant program (UASI), allocates grant funding to enhance regional preparedness for disasters, emergencies, and other threats to homeland security. The Santa Monica Fire

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Department (SMFD) was previously awarded UASI 2022 grant funds and was recently awarded an additional $250,000. Staff recommends acceptance of these additional grant funds, which will be used to fund an existing agreement with Advanced Problem Solving, LLC (APS) which was retained to develop and deliver training modules for fire personnel in the Los Angeles region.

In the UASI 2023 grant cycle, $1,433,607 was awarded to Santa Monica’s Fire and Police departments as part of the U.S. Department of Homeland Security, Federal Emergency Management Agency’s UASI grant program. The City of Los Angeles administers the UASI grant on behalf of the Los Angeles-Long Beach Urban Area, which includes Santa Monica. Staff recommends acceptance of the UASI 2023 grant funds and execution of a subrecipient agreement with the City of Los Angeles for a performance period of September 1, 2023 to May 31, 2026.

On behalf of the Los Angeles Area Fire Chiefs’ Association (LAAFCA) Regional Training Group (RTG), the City has contracted with APS to develop and deliver county-wide training materials. The City has utilized previous UASI grant awards to fund this contract. A total of $850,000 ($250,000 from UASI 2022 and $600,000 from UASI 2023) in new grant funds have been allocated to APS for the contract. Staff recommends that Council approve a third modification to the City’s agreement with APS to utilize the additional $850,000 on the same terms and conditions as the previous grant funds. This modification will result in an amended agreement with a new total contract amount not to exceed $5,782,000 over a five-year period. The current agreement with APS expires on December 5, 2024.

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

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by the state and align with grant guidelines. There is no local match for the UASI program.

SMFD was previously awarded UASI 2022, which Council accepted on May 23, 2023.

Unexpended regional grant funds from a neighboring city have been reallocated to SMFD, totaling $250,000. SMFD, on behalf of LAAFCA, anticipates using these additional UASI 2022 funds toward training modules developed by APS. APS delivers first responder training available via a learning management system to all 9,000+ firefighters in Los Angeles County. These additional grant funds will ensure time relevant trainings are developed and delivered in an ever-changing world of all-hazards emergency response.

In the UASI 2023 grant cycle, $1,433,607 was awarded to the Santa Monica Fire and Police departments. Approved expenditures include:
• $600,000 for the Regional Training Delivery Model which creates and disseminates regional training on behalf of LAAFCA
• $185,000 for the Regional Training Officer who works on regional training on behalf of LAAFCA
• $100,000 for Regional Tactical Emergency Medical Technician training • $154,865 for the SMFD satellite training center and maintenance • $203,742 for Police Department personal protective equipment • $150,000 for the Fire Department Urban Search and Rescue training and equipment
• $40,000 for the Fire Department Tactical Emergency Medical Technician training and equipment.

The Los Angeles Area Fire Chiefs’ Association requested the Santa Monica Fire Department to coordinate and host the grant-funded Regional Training Delivery Model.

Advanced Problem Solving, LLC was awarded agreement no. 10967 in 2019 to provide training delivery modules and learning content. Council approved a second modification on May 23, 2023 and a third modification on October 24, 2023 to increase the total amount of the agreement as more grant funding became available to Santa Monica.

The scope was also expanded to include the Vista Forge project (county-wide nuclear threat risk courses). However, given the narrow time span between the two Council

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actions, the Fire Department decided to combine both Council actions into a single contract modification.

There are no direct staffing costs associated with the LAAFCA training delivery model.

The Regional Training Group will be responsible for direct administration of the grant with SMFD oversight. Santa Monica Fire and all other fire agencies in Los Angeles County have access to the training delivery modules and learning content. With $250,000 from UASI 2022 and $600,000 from UASI 2023, a total of $850,000 is allocated for the training delivery modules and staff is requesting a modification to increase the amount of the current agreement with APS by this exact amount.

Environmental Review
The third modification to the agreement with Advanced Problem Solving to provide training delivery modules and learning content is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines. The agreement is covered by the commonsense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The training modules are programmatic in nature and would not have a physical effect on the environment, so therefore, are exempt from CEQA.

Past Council Actions
Meeting Date Description
11/12/2019
(Attachment A)
Award of agreement with Advanced Problem Solving for
video and curriculum development services for the Los
Angeles Area Fire Chiefs Regional Training Group
10/24/2023
(Attachment B)
Approval of Urban Area Security Initiative 2020 Additional Grant Acceptance and Approve Third Contract Modification with Advanced Problem Solving
05/23/2023
(Attachment C)
Approval of Urban Area Security Initiative 2021 and 2022 Grant Acceptance and Approve Second Contract
Modification with Advanced Problem Solving
Financial Impacts and Budget Actions
Staff seeks authority to accept an additional $250,000 in UASI 2022 from the U.S.

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Department of Homeland Security, Federal Emergency Management Agency and accept a grant totaling $1,433,607 from the U.S. Department of Homeland Security, Federal Emergency Management Agency for UASI 2023 to fund training in direct support of overall regional goals to promote effective information gathering, sharing, and response to threats and/or acts of terrorism.

Approval of the recommended action requires the following budget amendment.

FY 2023-24 Grant Budget Changes
Establish Revenue Budget Appropriate Funds
Account Number Amount Account Number Amount
20190001.40428G $250,000 20190001.55518G $250,000
20180001.40428H $203,742 20180001.55518H $203,742
20190001.40428H $1,229,865 20190001.55518H $1,229,865
If modifications or renewals are awarded, budget changes will be included in subsequent year budgets, contingent on Council budget approval.

Staff also seeks authority to approve funding from the Miscellaneous Grants Fund to increase the amount of agreement no. 10967 with Advanced Problem Solving, LLC by $850,000.

Agreement Modification Request
Agreement #
Current
Authorized
Amount
Modified Request
Amount Account Numbers Total Amount
10967 $3,000,000 20190001.55518F $3,000,000
10967 Mod1 $1,020,000 20190001.556530 $1,020,000
10967 Mod2 $912,000 20190001.55518F/G $912,000
10967 Mod3 - $250,000 20190001.55518G $250,000
10967 Mod3 - $600,000 20190001.55518H $600,000
Total Revised Agreement Amount $5,782,000
Future year funding is contingent on Council budget approval.

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Prepared By: Jonathan Tang, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. A-Original Advanced Problem Solving Staff Report
B. B-Oct 24 2023 APS Mod3 Staff Report
C. C-May 23 2023 APS Mod2 Staff Report
D. D-Oaks_Initiative
E. E-Levine_Act

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City Council
Report
City Council Meeting: November 12, 2019
Agenda Item:
1 of 5
To: Mayor and City Council
From: Bill Walker, Fire Chief, Fire Department
Subject: Award Request for Proposal and enter into Agreement with Advanced Problem Solving, LLC for the Los Angeles Area Fire Chiefs Regional Training Group (LAAFCA RTG) Training Delivery Model
Staff recommends that the City Council:

1. Award RFP# 210 to Advanced Problem Solving, LLC a California-based company for video and curriculum development services for the Los Angeles Area Fire Chiefs Regional Training Group (LAAFCA RTG);

2. Authorize the City Manager to negotiate and execute an agreement with Advanced Problem Solving, LLC, in an amount not to exceed $1,800,000 for three years, with two-additional one-year renewal options in the amount of $1,200,000, on the same terms and conditions for a total amount not to exceed $3,000,000 over a five-year period, with future year funding contingent on Council budget approval and contingent upon the Fire Department securing the associated grant funding.

Summary
The Los Angeles Area Fire Chief’s Association (LAAFCA) is comprised of thirty-one (31) fire chiefs throughout Los Angeles County. The Regional Training Group (RTG) is responsible for providing training through the Federal Homeland Security Grant Programs. In 2018, the City of Santa Monica Fire Department (SMFD) was awarded $600,000 from the State Homeland Security Grant Program (SHSGP) and Urban Area Security Initiative (UASI) grants. The Fire Department was awarded funding to be used for facilitation of a Training Delivery Model (TDM) encompassing Chemical, Biological, Radiological, Nuclear and Explosives (CBRNE) Training, for Hazardous Materials Training (HazMat), and for Urban Search and Rescue Training (USAR). The grant funds will cover the costs of the Fire Department’s facilitation of the RTG TDM; continued facilitation in future years will be contingent on the receipt of additional grant funds.

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Packet Pg. 205 Attachment: A-Original Advanced Problem Solving Staff Report (6417 : Accept UASI 2023 Grant and Approve 3rd Modification with APS) 2 of 5
The LAAFCA RTG facilitates and provides training videos and curriculum development to fire departments within Los Angeles County. Centralized regional training effectiveness requires continuing education with new curriculum and with streamlined, compatible technology. Local fire agencies are eligible to be awarded grant funding to achieve regional homeland security goals. SMFD has accepted a request by LAAFCA to coordinate and host the grant funding for the Regional Training Group Training Delivery Model (RTG TDM). Sponsorship of RTG TDM ensures that the City of Santa Monica remains a regional stakeholder and participant in upcoming training programming.

Discussion
The SHSGP and UASI programs focus on enhancing regional preparedness and capabilities in major metropolitan areas. SMFD received funds to facilitate the training delivery model to support the region’s core public safety missions as well as regional homeland security goals.

The grant programs directly support the national priority of expanding regional collaboration within the National Preparedness Goal, which defines what it means for the whole community to be prepared for all types of disasters and emergencies. The grants are intended to assist participating jurisdictions in developing integrated regional systems for prevention, protection, response, and recovery from natural or man-made disasters.

The SHSGP and UASI programs fund projects in 29 high-threat, high density areas selected by DHS. The UASI grant program was created to support large, "core" cities and those other cities with contiguous borders to the core city. The City of Los Angeles is the region's core city for the UASI grant and allocates funds to the City of Santa Monica. A regional working group and approval authority, made up of UASI stakeholders from throughout the Los Angeles-Long Beach Urban Area, are the governance bodies that determine which regional projects to submit to DHS for grant funding.

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Packet Pg. 206 Attachment: A-Original Advanced Problem Solving Staff Report (6417 : Accept UASI 2023 Grant and Approve 3rd Modification with APS) 3 of 5
The Fire Department would use $600,000 in funds to host Regional Training Group’s Training Delivery Model to provide a regional training platform. The grant programs are 100% federally funded by DHS and managed through the State of California's Office of Emergency Services. The City of Santa Monica has received over $12 million in DHS funding since 2003. These funds have been used to purchase necessary interoperable communication and infrastructure equipment, supplies, and training in direct support of overall regional goals to promote effective information gathering, sharing, and response to threats and/or acts of terrorism.

The regional training platform’s online training content for use on a Learning Management System is in support of the RTG’s TDM project. Advanced Problem Solving, LLC (APS) will produce six (6) online 30–60-minute training lessons annually that provide training on topics that contain CBRNE, HazMat, and USAR related content.

In addition, APS will provide a Learning Management System (LMS) platform for delivering the online training content to those LAAFCA agencies electing to use the LMS. The online training content will be provided via the Sharable Content Object Reference Model format to upload into existing systems for those LAAFCA agencies electing not to use APS LMS. Furthermore, APS will provide professional project support which includes, but is not limited to, a video producer and video production team as well as an LMS administrator and LMS support team. Lastly, APS will fulfil other general requirements, as required, while providing exceptional customer service to the RTG.

Vendor Selection
Bidder Recommendation
Best Qualified Person/Firm Advanced Problem Solving, LLC Evaluation Criteria
(include all that apply)
Credentials/experience, competence/skill, capacity/ability to perform services promptly, sufficiency of financial/other resources, character/reputation, ability to provide future services as needed and price.

Municipal Code SMMC 2.24.190
RFPs Received
Advanced Problem
Solving, LLC
MySafeLA Focus EduVation Film Crafter
Blue Ridge Fire Starter Picture Business Mudturtle

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RFP Data
Posted On Posted On
Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
01/11/2019 City's Online
Bidding Site Santa Monica Daily Press 58 03/27/2019
Justification to Award
An evaluation panel of five interagency representatives reviewed and ranked all eight of the proposals using the criteria set out in the RFP. Based on this criteria and criteria in SMMC 2.24.190, staff recommends Advanced Problem Solving, LLC (APS) as the best qualified firm to provide fire department video and curriculum services. As an industry leader in technology-driven training courses developed in conjunction with subject matter experts, APS offers the ability to fulfill project tasks and to submit a product in a user-friendly format.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Miscellaneous Grant Fund to award an agreement with Advanced Problem Solving, LLC.

Professional Services Agreement Request
Request Amount FY 2019-20 Budget Account # Total Contract Amount $490,000 2018 SHSGP 20190001.555177 $490,000
$110,000 2018 UASI 20190001.55518C $110,000
$3,000,000
Future year funding is contingent on Council budget approval. Future year expenditures are also contingent on SMFD being awarded either SHSGP or UASI annual grant funds in the amount of $600,000 annually between the 2018 and 2022 grant funding cycles. If SMFD is not awarded these regional grant funds, SMFD is not obligated to fulfil the LAAFCA RTG Training Delivery Model contract. Staff is not requesting a budget appropriation at this time, staff will return to Council to award the grant agreement once the official agreement is received.

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Packet Pg. 208 Attachment: A-Original Advanced Problem Solving Staff Report (6417 : Accept UASI 2023 Grant and Approve 3rd Modification with APS) 5 of 5
Prepared By: Terese Toomey, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. APS Oaks expires 6-5-20

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Packet Pg. 209 Attachment: A-Original Advanced Problem Solving Staff Report (6417 : Accept UASI 2023 Grant and Approve 3rd Modification with APS) City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 5.I
1 of 5
To: Mayor and City Council
From: Wolfgang Knabe, Interim Fire Chief, Fire Department Subject: Approval of Urban Area Security Initiative 2020 Additional Grant Acceptance and Approve Third Contract Modification with Advanced Problem Solving Recommended Action
Staff recommends that the City Council:

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

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

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

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

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

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

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

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

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

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

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Packet Pg. 211 Attachment: B-Oct 24 2023 APS Mod3 Staff Report (6417 : Accept UASI 2023 Grant and Approve 3rd Modification with APS) 3 of 5
Discussion
The UASI program directly supports the national priority of expanding regional collaboration within the National Preparedness Goal, which sets forth what is required for a local community to be prepared for all types of disasters and emergencies. The UASI grant is intended to assist participating jurisdictions in developing integrated regional systems for prevention, protection, response, and recovery from natural or human-made disasters. These funds cannot be used for general purposes and must be specified at the time of application. Homeland security purchases must be preapproved by the state and align with grant guidelines.

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

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

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

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

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

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medical stabilization) capabilities.

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

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

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

FY 2023-24 Grant Budget Changes

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Packet Pg. 213 Attachment: B-Oct 24 2023 APS Mod3 Staff Report (6417 : Accept UASI 2023 Grant and Approve 3rd Modification with APS) 5 of 5
Establish Revenue Budget Appropriate Funds
Account Number Amount Account Number Amount
20190001.40428F $62,000 20190001.55518F $62,000
Staff also seeks authority to approve funding from the Miscellaneous Grants Fund to increase the amount of contract # 10967 with Advanced Problem Solving, LLC by $62,000.

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

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

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Packet Pg. 214 Attachment: B-Oct 24 2023 APS Mod3 Staff Report (6417 : Accept UASI 2023 Grant and Approve 3rd Modification with APS) City Council
Report
City Council Meeting: May 23, 2023
Agenda Item:
1 of 7
To: Mayor and City Council
From: Danny Alvarez, Fire Chief, Fire Department
Joseph Cevetello, Chief Information Officer, Information Services Department Subject: UASI 2021 and 2022 Grant Acceptance
Recommended Action
Staff recommends that the City Council:
1) Authorize the City Manager to accept two grants awarded in the amount of $2,120,000 from the 2021 and 2022 Urban Area Security Initiative (UASI) for homeland security projects in the Fire and Information Services Departments, and for authority to accept all associated grant renewals.
2) Authorize the City Manager to execute all necessary documents to accept the grant, grant modifications, and all associated grant renewals. 3) Authorize the City Manager to negotiate and execute a second modification to Contractual Services Agreement #10967 with Advanced Problem Solving, LLC, (APS) a California-based company, in an amount not to exceed $850,000 on the same terms and conditions for a total amount not to exceed $4,870,000 over a fiveyear period, with future year funding contingent on Council budget approval and contingent upon the Fire Department securing the associated grant funding. 4) Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.

Summary
Each year, the Federal government allocates grant funding to enhance regional preparedness for disasters, emergencies, and other threats to homeland security. The Los Angeles Mayor’s office awarded an additional $150,000 from UASI 2021 grant funds for the region to assist in a national emergency management exercise. Santa Monica Fire will host these funds on behalf of the region and the training modules will be completed by Advanced Problem Solving (APS).

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

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

Discussion
The UASI program’s focus is on enhancing regional preparedness and capabilities in major metropolitan areas. The Santa Monica Fire Department requested funds to send staff to trainings that support its core public safety missions as well as regional

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homeland security goals. The following are the four major regional homeland security focus areas of the UASI grant program, known as Investment Justifications:

1. Strengthen interoperable and communications capabilities.

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

3. Protection of critical infrastructure and key resources; and

4. Catastrophic incident planning response and recovery.

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

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

The Fire Department was also able to secure $370,000 from this year’s grant for use by the Information Services Department (ISD) to fund the City’s ongoing cybersecurity program. This funding will assist the information security team with applying enhancement measures to strengthen identity management, safeguard City data stored with cloud-based vendors and provide greater cybersecurity risk prioritization to aid in cyberattack prevention. The purchase of the requested measures will require an equipment and software subscription renewal in subsequent years, beginning in Fiscal Year 2023-24. Staff has secured UASI 2022 funds to cover the subscription costs in FY 2023-24. While ongoing funding for these tools has not been secured, staff believes the City will benefit from the enhanced cyber security tools for at least two years. Staff will

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pursue additional grant funding opportunities for future funding. If future grant funds are not available for the ongoing subscription expenses thereafter, staff will discontinue its use of these tools. Procurement for projects funded by the UASI grant will follow Santa Monica’s policies regarding competitive procurement processes.

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

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

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

Environmental Review
This not a project for the purpose of the California Environmental Quality Act.

Past Council Actions
Meeting Date Description
5/10/2022
(Attachment A)
Authorization to accept the 2021 Urban Area Security
Initiative (UASI) Grant Funds for Homeland Security Projects and enter into a Subrecipient agreement with the City of Los Angeles
10/13/2020
(Attachment B)
Acceptance of 2019 Measure B Grant and increase to the
Agreement with Advanced Problem Solving, LLC for the Los Angeles Area Fire Chiefs Regional Training Group (LAAFCA RTG) Training Delivery Model
11/12/2019 Award of agreement with Advanced Problem Solving for

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(Attachment C) video and curriculum development services for the Los Angeles Area Fire Chiefs Regional Training Group
Financial Impacts and Budget Actions
Staff seeks authority to accept a grant totaling $1,970,000 from the U.S. Department of Homeland Security, Federal Emergency Management Agency for the 2022 UASI program to fund training and equipment in direct support of overall regional goals to promote effective information gathering, sharing, and response to threats and/or acts of terrorism.

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

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

5.G.c
Packet Pg. 219 Attachment: C-May 23 2023 APS Mod2 Staff Report (6417 : Accept UASI 2023 Grant and Approve 3rd Modification with APS) 6 of 7
Staff seeks authority to increase the amount of the contract #10967 with Advanced Problem Solving (APS) for video and curriculum development services for the Los Angeles Area Fire Chiefs Regional Training Group. The previous contract not to exceed amount of $4,020,000 included funding from UASI 2021. The grant amount awarded for this contract was $900,000, but due to the contractual not to exceed amount $4,020,000 only $850,000 was encumbered towards the contract. The remaining $50,000 of the $900,000 allocated in the UASI 2021 grant workbook, and the current UASI 2022 amount of $650,000, is being added to the contract at this time. The additional 2021 UASI grant funds in the amount of $150,000 for the national security exercise training will also be added to the APS contract for a new not to exceed amount of $4,870,000.

FY 2022-23 Grant Budget Changes
Establish Revenue
Budget
Amount Appropriate Funds Amount
20190001.40428F $150,000 20190001.55518F $150,000
20140001.40428G $370,000 20140001.55518G $370,000
20190001.40428G $1,600,000 20190001.55518G $1,600,000
Contract Modification Request
Agreement #
Current
Authorized
Amount
Modified
Request
Amount
Account Number Total Amount
10967 $210,000 - 20190001.55518C -
$740,000 - 20190001.555177 -
$600,000 - 20190001.55517B -
$600,000 - 20190001.55518E -
$850,000 - 20190001.55518F $3,000,000
10967 Mod 1 $1,020,000 - 20190001.556530 $4,020,000
10967 Mod 2 - $200,000 20190001.55518F -
10967 Mod 2 - $650,000 20190001.55518G -
Total Revised Contract Amount $4,870,000

5.G.c
Packet Pg. 220 Attachment: C-May 23 2023 APS Mod2 Staff Report (6417 : Accept UASI 2023 Grant and Approve 3rd Modification with APS) 7 of 7
Prepared By: Deanna Kendall, Administrative Analyst
Approved Forwarded to Council
Attachments:

A. 07 APS Oaks
B. Printout-3677-1007-M13600 APS Award November
C. Printout-4279-1007-M15677 APS Mod #1 Nov 2020
D. Printout-5468-1007-M21875 UASI 2021 May 10 22

5.G.c
Packet Pg. 221 Attachment: C-May 23 2023 APS Mod2 Staff Report (6417 : Accept UASI 2023 Grant and Approve 3rd Modification with APS)

CITY OF SANT A MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

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

It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a "public benefit· to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.

All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501( c )(3), ( 4 ), or ( 6 ), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees.

Examples of a "public benefir include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period.

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

5.G.d
Packet Pg. 222 Attachment: D-Oaks_Initiative (6417 : Accept UASI 2023 Grant and Approve 3rd Modification with APS)

CITY OF SANT A MONICA

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

Public benefits include:

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

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

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

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

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

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

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

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

David M. Andrews; Stephanie B. Andrews
Name( s) of trustees, directors, partners, and officers:

David M. Andrews; Stephanie B. Andrews
Name(s) of persons with more than a 10% equity, participation, or revenue interest:

David M. Andrews; Stephanie B. Andrews
Prepared by: David M. Andrews
Signature: ~
Title: Principal
Date: April 13, 2024
Email: [email protected] Phone: (909) 241-1853 FOR CITY USE ONLY:

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

5.G.d
Packet Pg. 223 Attachment: D-Oaks_Initiative (6417 : Accept UASI 2023 Grant and Approve 3rd Modification with APS) -
~of
Santa
Monica

CITY OF SANTA MONICA

CALIFORNIA LEVINE ACT DISCLOSURE
In 2022, California's SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit City "Officers" from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.

Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: "Officer" means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term "Officer" is further defined 2 Cal. Code Regs. Section 18438.1, which states:

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form.
https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www .smgov.net/boards
Have you, your company, or any agent on behaH of you or your company, made any political contributions of more than $250 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? _YES_!!_NO
Name of Councilmember or City Officer: ______________ _ City of Santa Monica Levine Act Disclosure Form

5.G.e
Packet Pg. 224 Attachment: E-Levine_Act (6417 : Accept UASI 2023 Grant and Approve 3rd Modification with APS) -
gtyof
Santa
Monica
Name of Contributor: --------------------- Date ( s) of Contribution(s): _________________ _ Amount(s) _______________________ _
Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signed: ~.Ji; Date: April 13, 2024
Print Name: &J,d M. Andrews Title: Principal
---------
Company: ~ dvanced Problem Solving LLCI
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

City of Santa Monica Levine Act Disclosure Form

5.G.e
Packet Pg. 225 Attachment: E-Levine_Act (6417 : Accept UASI 2023 Grant and Approve 3rd Modification with APS) City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 5.H
1 of 4
To: Mayor and City Council
From: Sarkis Metspakyan, Acting Chief Information Officer, Information Services Department
Subject: Approval of Agreement with Nth Generation Computing, Inc. for Cohesity Data Protection
Recommended Action
Staff recommends that the City Council:

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

Summary
Cohesity Data Protection (Cohesity) has played a critical role in safeguarding the City of Santa Monica’s digital data and systems. It ensures the backup, security, and recoverability of the City’s technology data and services, including, but not limited to, the Permitting System, Computer Aided Dispatch, and Citywide email. To continue essential data protection for the City, staff recommends entering into an agreement for Cohesity hardware, software, and service license and maintenance with Nth Generation Computing, Inc. (Nth Generation), an authorized distributor and Cohesity reseller. The City is seeking City Council approval to enter into a new one-year agreement, with four (4) one-year options to renew, resulting in a five-year agreement in a total amount not to exceed $1,140,041.00, which includes, a 10% contingency.

5.H
Packet Pg. 226
2 of 4
Discussion
Since July 2020, the City has relied on Cohesity to perform vital functions such as data backup, protection, and restoration. The Cohesity solution ensures that the City’s Information Services Department can meet its data recovery needs for over three hundred and fifty (350) terabytes of data, for over three hundred (300) servers, and to support over two thousand (2,000) users. In today’s cyber threat landscape, where ransomware attacks target municipalities nationwide, Cohesity’s backup technology is critical in securing they City’s backups from both malicious and accidental deletion, ensuring the integrity of critical data and its recovery.

A one-year agreement will provide the City with continued operation of the backup hardware, software, cloud backups, software updates for security and bug fixes, hardware replacements in the event of a failure, as well as provide 24/7 technical support. The additional four (4) one-year options to renew give City staff future flexibility to maintain uninterrupted data protection services, as needed.

Vendor Selection
In May 2020, the City released a Request for Bids (RFB) for Cohesity data protection system, installation and configuration services, software subscription and maintenance.

As a result of that competitive process, the City issued a three-year purchase order with Nth Generation, an authorized Cohesity reseller. In July 2023, a new purchase order was issued to Nth Generation as an exception to the competitive bidding process, piggybacking on NASPO and the participating State of California Agreement Number 7- 17-70-40-05, for the purchase of new cloud backup services, and maintenance for existing hardware. To continue with uninterrupted data protection for the City’s critical systems, staff recommends the City now enter into a one-year agreement with Nth Generation, with four (4) additional one-year options to renew, to purchase Cohesity hybrid data protection solution, maintenance, and licensing for both on-premises and cloud backup systems, as well as necessary software and hardware updates, at the competitive price secured by Cooperative Agreement Number 7-17-70-40-05.

5.H
Packet Pg. 227
3 of 4
Exception to Competitive Bidding
Staff recommends Nth Generation to provide Cohesity data protection hardware, software, and related services as an exception to competitive bidding per Muni Code 2.24.250 (c). The State of Utah conducted a competitive bidding process resulting in designating Nth Generation as an authorized reseller under Cooperative Agreement No. 7-17-70-40-05. The City of Santa Monica intends to utilize this agreement, which not only ensures competitive pricing but also aligns closely with the City’s requirements for Data Protection solutions. 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 proposed agreement is exempt from the provision of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA 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 agreement would not result in any adverse physical environmental effects as it encompasses software systems and services. Therefore, the agreement is exempt from CEQA and no further environmental review under CEQA is required.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Information Technology Replacement & Services Fund to award an agreement with Nth Generation for data protection hardware, software, and services.

Agreement Request
FY 2024-25
Request Amount
Future Year(s)
Amount CIP Account #
Total Agreement
Amount
$283,904.00 $856,137.00 C7100030.689000 $1,140,041.00
Future year funding is contingent on Council budget approval.

5.H
Packet Pg. 228
4 of 4
Prepared By: Sarkis Metspakyan, Acting Chief Information Officer Approved Forwarded to Council
Attachments:

A. OAKS INITIATIVE FORM 2024 Nth signed 05 13 24
B. Levine Act Disclosure Form Nth Signed 05 13 24

5.H
Packet Pg. 229

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.

Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period.

5.H.a
Packet Pg. 230 Attachment: OAKS INITIATIVE FORM 2024 Nth signed 05 13 24 [Revision 1] (6426 : Approval of Agreement with Nth Generation for Cohesity

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #
Joyce Russell EVP/CFO
05/13/2024
[email protected] 858-451-2383
Nth Generation Computing, Inc.

Janis Baldwin, Richard Baldwin
Janis Baldwin, Richard Baldwin, Dan Molina, Todd Burkhardt, Joyce Russell Joyce Russell
Digitally signed by Joyce Russell
DN: cn=Joyce Russell, o=Nth
Generation Computing, Inc., ou,
[email protected], c=US
Date: 2024.05.13 10:39:34 -07'00'

5.H.a
Packet Pg. 231 Attachment: OAKS INITIATIVE FORM 2024 Nth signed 05 13 24 [Revision 1] (6426 : Approval of Agreement with Nth Generation for Cohesity City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form.
https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
KWWSV
ZZZVPJRYQHWERDUGV
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ ✔

5.H.b
Packet Pg. 232 Attachment: Levine Act Disclosure Form Nth Signed 05 13 24 [Revision 1] (6426 : Approval of Agreement with Nth Generation for Cohesity Data City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.
05/13/2024
Joyce Russell EVP/CFO
Nth Generation Computing, Inc.

Joyce Russell Digitally signed by Joyce Russell
DN: cn=Joyce Russell, o=Nth Generation
Computing, Inc., ou,
[email protected], c=US
Date: 2024.05.13 10:38:14 -07'00'

5.H.b
Packet Pg. 233 Attachment: Levine Act Disclosure Form Nth Signed 05 13 24 [Revision 1] (6426 : Approval of Agreement with Nth Generation for Cohesity Data SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
DATE: January 25, 2024
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $250 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $250 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.

1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.

For instance, the Levine Act applies to the following:
x Building and development permits
x Conditional use permits
x Contracts generally (unless an exception applies):
o Contracts for goods, services, professional services
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Small contracts, including purchase orders, and zero dollar contracts (no de minimis exception)
x Public street abandonments
x Private development plans
x Professional license revocations
x Rezoning of specific real estate parcels
x Event permits
x Rulemaking procedures affecting a particular industry where only a small number of businesses are affected

5.H.b
Packet Pg. 234 Attachment: Levine Act Disclosure Form Nth Signed 05 13 24 [Revision 1] (6426 : Approval of Agreement with Nth Generation for Cohesity Data

Page 2 ends

x Special district formation proceedings involving the creation of a special use or benefit to the person in the district
x Tentative subdivision and parcel maps
x Zoning variances
x Vacation of a public easement across private property x Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
x Contracts entered under the City Manager’s Authority
x Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
x Purely ministerial decisions
x General policy decisions or rules where the interests affected are many and diverse
x Ordinances and resolutions (except items like development agreements adopted by ordinance)
x Ballot measures
x Departmental policies
x Council rules
x Contracts awarded to the lowest responsive/responsible bidder (not applicable in Santa Monica)
x Labor contracts and project labor agreements
x Personal employment contracts
x Allocation of resources in the City budget

2. Who is required to disclose?
A “party” to a proceeding is any person who files an application for, or is the subject of, a proceeding. In general, a person or company who applies for a permit, license, or right to use property in a particular way, which requires the City’s discretionary approval, will qualify as a party.

Parties are also required to disclose contributions by their agents. An “agent” is someone who (1) represents a party to a proceeding for compensation; and (2) appears before or otherwise communicates with the City for the purpose of influencing the pending proceeding. This can include law firms, architects, engineers, consultants, and similar entities. Both the individual and their employer or firm are considered “agents.” A party should also disclose contributions of other entities majority owned by the party, as well as contributions of any other entity whose contributions it directs or controls.

3. What must be disclosed?
A party must disclose campaign contributions over $250 made in the prior twelve months.

A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or

5.H.b
Packet Pg. 235 Attachment: Levine Act Disclosure Form Nth Signed 05 13 24 [Revision 1] (6426 : Approval of Agreement with Nth Generation for Cohesity Data

Page 3 ends

other expenses coordinated with a candidate or committee, loans, tickets to political fundraisers, etc.

4. Who is considered an officer of the City?
An “officer” is anyone who may make, participate in making, or attempt to influence a decision in the proceeding or who exercises authority over officers who may do so. This includes elected officials, members of appointed boards and commissions, the City Manager, and any individual who is a candidate for elected office or who has been a candidate in the twelve months prior to the decision. This definition is included on the Disclosure Form.

5. When should the disclosure occur?
The Disclosure Form must be completed (1) by a party to a contract with the City (or that party’s agent) at the time the party submits a response to a Request for Proposal or other competitive solicitation, enters into contract negotiations with the City, or executes a contract with the City, whichever is earliest; or (2) by a party to a license, permit, or other entitlement proceeding before the City at the time the party (or their agent) submits the license, permit, or entitlement application to the City. The party (or their agent) must submit a supplemental form if they make any new reportable contributions while the same contract, license, permit, or other entitlement is being considered. The party (or their agent) must also use the form if they need to correct any previously submitted form.

Parties are solely responsible for completing the form accurately, and could face penalties for failure to do so. The California Fair Political Practices Commission (FPPC) is the body who enforces violations of the Levine Act. If a party is uncertain about whether they are required to report or combine a contribution, they should consult with their attorney.

Nothing herein constitutes legal advice and individuals are urged to consult with their own attorney regarding the requirements of the law. To the extent there is any inconsistency, the language of the Levine Act and FPPC Regulations govern over this notice. Resources for officers, parties, participants, and agents, are available on the FPPC’s website at https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html

5.H.b
Packet Pg. 236 Attachment: Levine Act Disclosure Form Nth Signed 05 13 24 [Revision 1] (6426 : Approval of Agreement with Nth Generation for Cohesity Data City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 5.I
1 of 1
To: Mayor and City Council
From: Nikima Newsome, Interim City Clerk, Records and Election Services Department
Subject: Approval of Cancellation of Regular City Council Meeting for August 13, 2024 Recommended Action
Staff recommends that the City Council vote to cancel the regular meeting scheduled for August 13, 2024, due to a lack of a quorum.

Prepared By: Nikima Newsome, Interim City Clerk
Approved Forwarded to Council

5.I
Packet Pg. 237
1 June 1, 2024
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
JUNE 1, 2024
A special meeting of the Santa Monica City Council was called to order by Mayor Brock at 9:05 a.m., on Tuesday, June 1, 2024, at City Council Chambers, 1685 Main Street, Santa Monica, CA.

Roll Call: Present: Mayor Phil Brock
Mayor Pro Tem Lana Negrete (arrived at 9:08 a.m.)
Councilmember Gleam Davis
Councilmember Oscar de la Torre
Councilmember Christine Parra
Councilmember Caroline Torosis (arrived at 9:08 a.m.)
Councilmember Jesse Zwick (arrived at 9:08 a.m.)
Also Present: Assistant City Manager Susan Cline
City Attorney Douglas Sloan
Acting Clerk Maria Dacanay-Wisner
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 9:05 a.m., with all members present except Councilmembers Zwick, Torosis and Mayor Pro Tem Negrete. Councilmember Parra led the assemblage in the Pledge of Allegiance.

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.

No Councilmembers reported that they would be recusing from any items on the agenda in accordance with the Levine Act.

PUBLIC INPUT FOR
CLOSED SESSION:

No members of the public commented on the Closed Session item.

5.J
Packet Pg. 238 Minutes Acceptance: Minutes of Jun 1, 2024 9:00 AM (CONSENT CALENDAR) 2 June 1, 2024

CLOSED SESSIONS
Councilmembers Zwick,
Torosis and Mayor Pro Tem
Negrete arrived at 9:08 a.m.

Councilmembers Zwick,
Parra, Davis and Torosis left
Closed Session at 3:05 p.m.

On order of the Mayor, the City Council recessed at 9:07 a.m., to consider Closed Session and returned at 3:06 p.m., with Councilmembers Zwick, Parra, Davis and Torosis absent, to report the following:

4.A. Consider appointment of unrepresented employee - Government Code §54957(b); City negotiator: Mayor; Unrepresented employee:

City Clerk; conference with labor negotiator - Gov. Code §54957.6; City negotiator: Mayor; Unrepresented employee: City Clerk The Mayor advised this matter was heard with no reportable action taken.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 3:07 p.m.

ATTEST: APPROVED:

Maria Dacanay-Wisner Phil Brock
Acting Clerk Mayor

5.J
Packet Pg. 239 Minutes Acceptance: Minutes of Jun 1, 2024 9:00 AM (CONSENT CALENDAR) 1 May 14, 2024
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
MAY 14, 2024
A special meeting of the Santa Monica City Council was called to order by Mayor Brock at 4:34 p.m., on Tuesday, May 14, 2024, at City Council Chambers, 1685 Main Street, Santa Monica, CA and 2319 14th Street #7, Santa Monica, CA 90401
Roll Call: Present: Mayor Phil Brock
Mayor Pro Tem Lana Negrete (via telephone)
Councilmember Gleam Davis (arrived at 5:28 p.m.)
Councilmember Oscar de la Torre
Councilmember Christine Parra
Councilmember Caroline Torosis (arrived at 5:32 p.m.)
Councilmember Jesse Zwick
Also Present: City Manager David White
City Attorney Douglas Sloan
Interim City Clerk Nikima S. Newsome
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 4:34 p.m., with all members present except Councilmembers Davis and Torosis.

PUBLIC INPUT FOR

CLOSED SESSION AND

SPECIAL AGENDA
ITEMS ONLY:

No members of the public commented on these items.

LEVINE ACT

Participants and agents are requested to make this disclosure as well.

PROCLAMATIONS/ 3.A. Proclamation: Asian American Pacific Islander (AAPI)

5.K
Packet Pg. 240 Minutes Acceptance: Minutes of May 14, 2024 4:30 PM (CONSENT CALENDAR) 2 May 14, 2024

COMMENDATIONS/

SPECIAL AGENDA
ITEMS
Councilmember Davis
arrived at 5:28 p.m.

Councilmember Torosis
arrived at 5:32 p.m.

Heritage Month, was presented.

3.B. Proclamation: Public Works Week, was presented.

3.C. Proclamation: Mental Health Awareness Month, was presented.

3.D. Proclamation: Preservation Month, was presented.

3.E. Commendation: Gilbert's El Indio, was presented.

3.F. City Manager Report- 1) Fire Department Staff Recognition and 2) Local Aging & Disability Action Planning, was presented.

AGENDA

MANAGEMENT
Motion by Mayor Brock, seconded by Councilmember Torosis to hear Item

4.A. during the regular City Council meeting. Motion was carried unanimously by roll call vote with all members present.

CLOSED SESSIONS 4.A. Conference with legal counsel – anticipated litigation – Gov.

Code 54956.9(d)(2): 1 case (Initiative to Partially Exempt Multifamily Developments from Part of the Third Tier Transfer Tax)
This item was continued to be heard in conjunction with the closed session items on the May 14, 2024, regular City Council meeting agenda.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 5:50 p.m.

ATTEST: APPROVED:

Nikima S. Newsome Phil Brock
Interim City Clerk Mayor

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Packet Pg. 241 Minutes Acceptance: Minutes of May 14, 2024 4:30 PM (CONSENT CALENDAR) City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 7.A
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Housing Element Phase 2 Implementation Study Session Recommended Action
Staff recommends that the City Council:

1. Receive the presentation on, discuss, and provide direction regarding proposed concepts for 6th Cycle Housing Element Phase 2 Implementation Programs.

Summary
The second phase of implementation programs for the 6th Cycle Housing Element is due by either October 2024 or December 2024, per the commitments in the certified 6th Cycle Housing Element. An overview and introductory discussion of the implementation programs for Phase 2 of the 6th Cycle Housing Element was held by the Planning Commission on January 17, 2024 and a subsequent study session was held on May 8, 2024 where the Commission provided recommended direction on two key programs:
the Adaptive Reuse Ordinance (Program 1.H) and Bergamot area Objective Design Standards (Program 1.E). City staff has begun initial work and outreach on Phase 2 implementation programs. This report presents an overview and progress update on Phase 2 programs and draft concepts and policy questions for three key Housing Element programs for City Council consideration.

Background
Housing Element
On October 14, 2022, the State of California’s Housing and Community Development Department (HCD) certified the City’s 6th Cycle 2021-2029 Housing Element, following

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the City Council’s October 11, 2022, adoption. The certified Housing Element represents the City’s commitment to implement the Housing Element programs and meet the City’s Regional Housing Needs Allocation (RHNA) in compliance with State Housing Element Law.

On March 21, 2023 and April 11, 2023, the City Council adopted amendments to the Land Use and Circulation Element (“LUCE”), Bergamot Area Plan (“BAP”), Downtown Community Plan (“DCP”), and Zoning Ordinance to implement the first phase of the certified Housing Element programs. These Phase 1 programs provided for streamlined approvals of housing projects, streamlined design review of housing projects, revised development standards for housing projects, modified inclusionary requirements in the City’s Affordable Housing Production Program, and an updated Density Bonus Ordinance.

The City of Santa Monica committed to implementing Phase 2 of the 6th Cycle Housing Element by either October 2024 or December 2024 as part of the plan’s adoption. Staff anticipates bringing forward amendments to the Zoning Ordinance and, as necessary, amendments to the LUCE, BAP or DCP, for implementation of these programs by October 2024. The implementation of Phase 2 consists of the below programs as identified in the Housing Element. This report includes Progress Updates reporting on seven Phase 2 Housing Element programs and an additional three programs necessitate new Zoning Ordinance and/or plan amendments and thus the Council is asked to provide guidance on policy questions associated with these:
• Progress Updates
o Program 1.B (Streamline the Architectural Review Process) o Program 1.I (Innovations in Construction Technology)
o Program 2.B (Right of First Offer Ordinance)
o Program 2.C (Update the City’s Affordable Housing Production Program – Part 2)
o Program 2.I (Zoning for Variety of Housing Types)
o Program 3.E (Maintain a Low Income Residential Repair Program)

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o Program 5.B (Low Barrier Navigation Centers As By-Right Use) • Progress Update + Policy Questions
o Program 3.A (Restrict the Removal of Existing Rental and Protected Units) o Program 1.E (Revise the Design Standards in the Bergamot Area Plan) o Program 1.H (Adaptive Reuse)
City staff has conducted research and initial work on these implementation programs.

Additionally, staff has conducted outreach on Programs 1.E (Revise the Design Standards in the Bergamot Area Plan) and 1.H (Adaptive Reuse) to garner community feedback on concepts and approaches to implementing these Housing Element programs.

Bergamot Area Plan
The Bergamot Area Plan (BAP) was adopted on September 11, 2013, and amended in May 2023 with the Housing Element Phase 1 implementation. When the Bergamot Area Plan (BAP) was implemented, it set forth a vision of a new transit-oriented neighborhood consisting of creative uses and housing supported by neighborhoodserving uses. The BAP also envisioned new streets and pathways that would be implemented largely through a development system that relied on development agreements above a certain height and FAR. However, in the 13 years since plan adoption, the BAP vision has not come to fruition and feedback from developers, community and staff has been that the BAP standards are confusing and difficult to use.

Thus, revised design standards are necessary to ensure that the City’s design expectations for these projects are met.

Discussion
The following provides preliminary information and a summary of feedback received thus far on the Housing Element Phase 2 implementation programs and also includes policy questions for the City Council to consider. Based on further direction provided by Council, staff will make draft redline revisions to the Zoning Ordinance, Bergamot Area Plan, Land Use and Circulation Element, and Downtown Community Plan as necessary

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and return to Council with the Planning Commission’s recommendation on draft redlines anticipated for review in August 2024.

Progress Updates on Housing Element Phase 2 Programs
➢ Program 1.B Streamline the Architectural Review Process and Ensure Design Review Objectivity For Housing Projects
Program Language from adopted Housing Element:
“The City shall adopt new streamlining procedures to allow staff level design review for smaller housing projects and expedited design review of larger housing projects by shifting the design review process to before or concurrently with entitlement issuance. This will reduce processing timelines and increase certainty for housing providers. These procedural changes would involve amending the Municipal Code to assure that design review cannot unreasonably delay a housing project approval by, for example, placing limits on number of hearings and maximum time limits for design review. The amendments shall also be clear that design review cannot be used to reduce density or deny a housing project. Additionally, the City shall develop objective design standards anticipating compliance with SB35 for applicable housing projects.” Overview and Progress Update:

Program 1.B has been partially implemented as part of the Phase 1 work that was completed in October 2023. As part of the amendments made to Chapter 9.55 of the Santa Monica Municipal Code (SMMC), design review of housing projects by the City’s Architectural Review Board (ARB) now occurs during the entitlement review process.

The threshold for administrative (staff-level) design review was also expanded to include multi-unit housing projects that do not exceed 10,000 square feet in the residential and Ocean Park zoning districts.

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SB 35 requires streamlining the approval of qualifying housing development by providing a ministerial process through which a project is only reviewed against objective standards (including objective zoning and design review standards). SB 35 applies to jurisdictions that are not meeting their RHNA goal for construction of abovemoderate income housing and/or housing for households below 80% area median income (AMI). On June 30, 2023, HCD determined that Santa Monica is subject to SB 35 for housing projects that include more than 50% of their units as affordable units.

This means that Santa Monica fell behind on addressing lower-income housing needs for the 5th Cycle Housing Element. As a result, SB 35 housing projects with more than 50% of their units as affordable units are eligible for a streamlined, ministerial review process that does not require public hearings. From a project applicant perspective, SB 35 is a voluntary program that a project applicant may elect to pursue once the State has determined that a jurisdiction has not meet its RHNA goal. As amended by SB 423, the provisions of SB 35 sunset Government Code Section 65913.4 on January 1, 2036.

On December 19, 2023, the City Council adopted an Emergency Interim Zoning Ordinance and Resolution (Attachment B) establishing a set of objective design standards in coordination with Senate Bill 35 (SB 35) requirements and as set forth in the 6th Cycle Housing Element. These objective design standards apply exclusively to qualifying SB 35 projects providing at least 50% of its units as affordable. SB 35 projects are provided streamlined review and are exempt from any discretionary consideration, including ARB design review.

The remaining areas of Program 1.B to be implemented as part of Phase 2 will include amending SMMC Chapter 9.55 Architectural Review to assure that design review cannot unreasonably delay a housing project approval by, for example, placing limits on number of hearings and maximum time limits for design review. The amendments shall also be clear that design review cannot be used to reduce density or deny a housing project. These amendments will not change the current implementation of design review.
➢ Program 1.I Ensure That Local Regulations Support Innovations in Construction Technology To The Extent Technically Feasible

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Program Language:
“The City shall support innovative lower-cost, efficient and environmentally sustainable construction techniques for housing. Program shall implement a streamlined building permit review process for housing projects utilizing innovative construction methods and technology, and project-based outcome oriented permitting benchmarks.”
Overview and Progress Update:

In addition to zoning reform, the use of factory-built housing (FBH) (also known as “prefab”) has been identified as another strategy for accelerating progress towards the State’s housing goals. FBH is a factory-constructed version of a residential building, dwelling unit, room, combination of rooms, or building components that is manufactured and then transported to its permanent installation location. FBH could include modulars, mass timber buildings, and other system of building components that utilize advances in construction technology to decrease housing construction time and costs.

HCD administers the Factory-Built Housing (FBH) Program, intended to ensure the health and safety of persons using or purchasing factory-built homes or FBH building components. FBH design plans are reviewed and approved by an HCD-approved Design Approval Agency (DAA). After design approval, an HCD-approved Quality Assurance Agency (QAA) inspects the FBH during construction in the manufacturing facility. Manufacturers demonstrate the FBH product compliance to California regulations by the placement of an HCD “Insignia of Approval” on each transportable unit or building component prior to it leaving the factory. After an approved-FBH is transported to its permanent location, the local building department is responsible for inspecting the assembly and installation of FBH products on-site in the same manner as it normally would for any other site-constructed residential building.

Under the state’s Health and Safety Code Section 19981, the City is prohibited from 1) requiring the review of any FBH plans or charge plan check fees when plans have

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already been approved by HCD or an HCD-approved third-party DAA or 2) requiring the alteration of the FBH in order to meet the local code requirements other than local use zone requirements, local snow load requirements, local wind pressure requirements, local fire zones, building setback, side and rear yard requirements, site development and property line requirements, as well as the review and regulation of architectural and aesthetic requirements.

Staff is assessing whether any changes need to be made to SMMC Section 9.31.180 Manufactured Housing for FBH and work is underway with the City’s Building and Safety Division to ensure the Plan Check process for FBH’s is in compliance with State law. Additionally, staff is also exploring ways that the building permitting process can be expedited for qualifying FBH projects.
➢ Program 2.B Right of First Offer Ordinance for Nonprofit Affordable Housing Providers
Program Language:
“Promote the use of SB1079 (2020) which created a new foreclosure sale process for 2-4 unit buildings that allows qualified parties a means to purchase property in foreclosure, subject to certain requirements. Building off this state law, the City shall consider adopting a Right of First Offer Ordinance that would provide nonprofit affordable housing providers the right of first offer for a specified time period to acquire private properties outside of foreclosure as they become available for purchase. As part of this effort, the City shall prioritize the scope of properties that would most effectively achieve the goal of making nonprofit housing providers more competitive in the land buying market for the purpose of preserving or producing affordable housing. Given the lack of an identified funding source to assist nonprofit affordable housing providers in purchase of multi-unit residential buildings through this program, explore funding sources, including grants and loans, that would contribute to the

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acquisition/rehabilitation quantified objective of 40 units. Require purchasers to preserve units as permanently affordable.”
Overview and Progress Update:

Program 2.B commits the City to consider developing a right of first offer ordinance, which grants affordable housing providers the first offer to purchase properties as a means to maintain units as deed-restricted affordable. This program was derived from State Bill 1079, which created a new sale process for foreclosed properties of 2 to 4 units. The City has the opportunity to build off of this law to provide affordable housing providers the right of first offer on residential properties, granting them a competitive edge in the market. Cities have proposed variations of right of first offer ordinances, such as San Francisco, San Diego, and Berkeley.

Typically, as seen in other cities, right of first offer ordinances require landlords to notify pre-qualified affordable developers of an upcoming sale. After a certain amount of time, typically 30 to 45 days, the landlord is allowed to put the property on the open market.

Any greater bid made in the open market must then be offered back to the original prequalified developers.

A right of first offer ordinance provides the City an opportunity to preserve and expand the existing affordable housing stock. The program can be tailored to prioritize the preservation of certain types of properties; San Diego’s proposed ordinance applies to properties with deed restricted units set to expire, and Berkeley’s proposed ordinance grants right of first offer to existing tenants and to pre-qualified affordable housing providers.

Program 2.B does not commit the City to adopt a right of first offer ordinance, rather it commits the City to explore this type of program as a means for preserving affordable housing. Staff will present the Council with an Information Item further describing the best practices of right of first refusal ordinances and the costs and benefits of such a program.

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➢ Program 2.C Update the City’s Affordable Housing Production Program to Increase the Number of Affordable Housing Units at all Income Levels Program Language:
“In order to increase the number of affordable housing units at all income levels such that 15% of all new multi-unit residential housing units are affordable to low and moderate income households and aim to achieve the Quantified Objective for lower income households as shown in Figure 5-1, Chapter 5, the AHPP onsite and off-site option for housing projects located outside of the Downtown shall be revised to maximize the contributions of the AHPP to achieving the RHNA affordable housing allocation and advancing the City’s affordable housing goals.

Areas to be considered may include, but not be limited to:
• Increase the threshold (to at least 6 units) at which projects are required to provide on-site or off-site affordable units;
• Eliminate the current “menu” option of affordability requirements and instead establish a new base affordability percentage;
• Re-evaluate the in-lieu fee option for applicants to pay a fee instead of constructing affordable units to ensure that the fee supports the funding and construction of new affordable housing throughout the City; • Evaluate the possibility of a mixed-compliance option that would provide applicants more flexibility in meeting AHPP requirements; • Increase the minimum percentage of required off-site affordable units to be higher than the on-site option;
• Allow projects to locate off-site affordable housing anywhere in the City that is not a disadvantaged area as defined by SB535, which includes socioeconomic and environmental metrics;
• Allow market-rate projects to comply with AHPP off-site option through acquisition and rehabilitation of existing rental units and converting those to deed-restricted units”.

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Overview and Progress Update:

The areas for consideration in Program 2.C have largely been implemented as part of the Phase 1 work that was completed in October 2023. As part of the amendments made to SMMC Chapter 9.68 Affordable Housing Commercial Linkage Fee Program, the City’s Affordable Housing Production Program (AHPP), all of the areas that were listed for consideration in AHPP amendments were evaluated. The items highlighted in grey, above, in Program 2.C were initially evaluated but deferred for later consideration due to their complexity.

Since the completion of the Phase 1 AHPP amendments, Assembly Bill 1287 amended State Density Bonus Law (‘SDBL”) to create strong incentives for providing additional on-site affordable housing units affordable to moderate-income households in exchange for up to 100% density bonuses. For projects that seek a 100% density bonus, SDBL requires 30% of base housing units to be affordable to 50% AMI and Moderate Income Households. Since SDBL does not grant a density bonus if affordable housing units are provided off-site or if a fee is paid, these new benefits in State Density Bonus Law have impacted the likelihood of applicants choosing the off-site option in the AHPP or an expanded fee option in the AHPP. Further flexibility in complying with the AHPP was initially contemplated for exploration as part of Program 2.C in order to provide more flexibility for applicants to comply with the AHPP. However, Phase 1 amendments to the AHPP aligned the City’s local inclusionary program to SDBL and thus, have negated the need to explore further flexibility in the off-site or expanded fee option because of the density bonuses offered in SDBL. On April 23, 2024, City Council gave direction to not pursue creation of a local density bonus program for projects that provide off-site affordable units.

Projects that use SDBL provide affordable units that help the City achieve the quantified objective for lower income households, as stated in Program 2C. Therefore, there does not appear to be the need to pursue a mixed-compliance option nor is there a need to add more options to comply with the AHPP off-site option. Applicants would likely not choose a fee as that would lower the maximum possible density bonus for the proposed

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housing project. A mixed compliance option is also not preferred as it will result in fewer on-site affordable units.

Similarly, allowing market-rate housing projects to comply with the AHPP off-site option through acquisition and rehabilitation is complex to administer, particularly in situations where existing units are occupied. Staff has also evaluated the possibility of expanding the off-site option to allow for acquisition of existing rental units and converting those to deed restricted units. At this time, it does not appear that developers have expressed interest in expanding the off-site option given the substantial benefits available in SDBL.

At the City Council hearing on April 23, 2024, the Council adopted updates to the City’s density bonus ordinance to implement new State Density Bonus Law (AB 1287). As a result, the off-site option in the AHPP or a potential expanded fee option is less attractive than providing units on-site. The Planning Commission provided a letter to Council requesting Council direct that the City Manager study the creation of a local density bonus program for off-site affordable housing units. After discussion of the Planning Commission’s request, the Council did not move forward with the Planning Commission’s request to study a local density bonus program if a project provides offsite affordable units. ➢ Program 2.I Zoning for A Variety of Housing Types Including Special Needs Housing and Housing Access For Persons With Disabilities Program Language:
“The City shall review and update the Zoning Ordinance and BAP, as applicable, to ensure consistency with State law regarding special needs housing types and residential land use classifications. Review and expected revisions will include, but are not limited to, updating parking requirements for Emergency Shelters pursuant to AB 139, the city’s definition of “household”, and land use requirements for Residential Care Facilities for seven or more persons to promote objectivity and approval certainty.”

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Overview and Progress Update:

Program 2.I requires the review and necessary updating of all residential land use classifications for compliance with State law and the removal of any barriers that conflict with access to fair housing. To demonstrate compliance with this program, staff intends to do the following:
• Review and update each “residential” land use for compliance with applicable State laws. This shall include, but is not limited to, updating use classification definitions, updating classification specific requirements, and updating land use regulation tables as to how and where residential land uses are permitted. • Reorganize land use regulation tables to better differentiate between true residential uses and privately/commercially operated residential facilities (e.g.:
congregate housing, group residential, hospice).
• Update definition of “household” to remove barriers to fair housing. o Current definition:

9.52.020.1120 Household. One or more persons living together in a single dwelling unit, with access to and use of all common living and eating areas and all common areas and facilities for the preparation and storage of food and who maintain a single mortgage, lease, or rental agreement for all members of the household.
• Update SMMC Chapter 9.49, Reasonable Accommodations, to remove any barriers to fair housing.

Staff has begun comparing residential land use classifications and requirements against the most recent State laws and is consulting with the City Attorney’s Office regarding fair housing compliance.
➢ Program 5.B Low Barrier Navigation Centers as By-Right Use

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Program Language:
“The City shall amend the Zoning Ordinance to allow Low Barrier Navigation Centers as a by-right permitted use in all non-residential zones permitting multiunit uses.” Overview and Progress Update:

Assembly Bill 101, passed in 2019, requires that a Low Barrier Navigation Center be a use permitted by-right in mixed-use zones and nonresidential zones permitting multipleunit uses if it meets specified requirements. AB 101 defines “Low Barrier Navigation Center” as a “housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing”.

To demonstrate compliance with Program 5.B, in conjunction with Program 2.I, staff will establish a new Low Barrier Navigation Center land use classification in compliance with State law. This shall include, but is not limited to, creating a new land use classification definition, creating land use specific requirements, and incorporating the new land use throughout the city’s land use regulation tables. City Planning staff intend to work interdepartmentally with Human Services staff to ensure compliance and facilitation.

Progress Update and Policy Questions for Council on Key Phase 2 Housing Element Programs
➢ Program 3.A Restrict the Removal of Existing Rental Units For Site Redevelopment And Require That Protected Units Are Replaced Program Language:
“The City shall amend the Municipal Code to adopt local requirements that make permanent and potentially expand upon the anti-displacement requirements of

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SB 330 to ensure that 100% of all protected units proposed to be demolished in order to construct a new housing development project are replaced. As required by Government Code Section 65583.2(g)(3), the City shall amend the Zoning Ordinance to require that sites that currently have residential use, or within the past five years have had residential uses that have been vacated or demolished, that (1) are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income (approximately 1,150 deed-restricted affordable units within market-rate housing projects on private property), or (2) subject to any other form of rent or price control through a public entity’s valid exercise of its police power (approximately 27,484 units), or (3) within the past five years were occupied by low or very low income households, shall be required to replace all of those units as affordable to the same or lower income level as a condition of any development on the site. Replacement requirements shall be consistent with those set forth Government Code Section 65915(c)(3)..”
Overview and Progress Update:

The Housing Crisis Act of 2019 (SB330), as amended by SB8, prohibits the City from approving any housing development project that will demolish existing dwelling units on the site unless the project replaces those units (Government Code Section 66300(d).

Additionally, the City is prohibited from approving any development project that will demolish occupied or vacant “protected units”. Protected units include:

1. Residential dwelling units that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the past 5 years.

2. Residential dwelling units that are or were subject to any form of rent or price control through a public entity’s valid exercise of its police power within the past 5 years.

3. Residential dwelling units that are or were rented by low or very low-income households within the past 5 years.

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4. Residential dwelling units that were withdrawn from rent or lease in accordance with the Ellis Act within the past 10 years [Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1].

As part of the Phase 1 Housing Element implementation that was completed in October 2023, amendments were made to Section 9.31.195 of the SMMC to reference and require the replacement of units in accordance with Government Code Section 66300(d) and State Density Bonus law.

When the 6th Cycle Housing Element was adopted, the housing protections and replacement requirements established in SB330 were due to sunset on January 1, 2025. Program 3.A commits the City to making these replacement requirements permanent. Since then, AB1218 was passed by the State Legislature in 2023 to extend the replacement requirements to January 1, 2030.

Given the evolving nature of State law, staff consulted with HCD to inquire whether further changes to Section 9.31.195 of the SMMC are necessary. HCD has indicated that the existing language within Section 9.31.195 suffices to satisfy the program commitment in the certified Housing Element. Therefore, staff does not anticipate that any further modifications to the Zoning Ordinance are necessary to implement Program

3.A.

However, in staff’s implementation of SB330, two main questions have arisen regarding the replacement units: 1) options to ensure long-term affordability when certain units are required be replaced and 2) whether the combination of units or removal of units, when new construction is not proposed, would be subject to the “no net loss” requirements of SB330 such that there cannot be a net reduction in housing units in the city.

Options to Ensure Long-Term Affordability When Certain Units are Replaced Specifically, SB 330 provides that where existing units to be demolished are rentcontrolled and the last household in occupancy earned moderate or above moderate income, the City has the option for replacement units to be deed restricted for lower

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income households for a period of 55 years or be rent controlled. Since State law provides this option, Council should provide policy direction as to whether such replacement units should be deed restricted to be affordable to lower income households or rent controlled units.

Additionally, since the City’s amendments to the AHPP that were completed as part of the implementation of Phase 1 Housing Element programs, there have been questions regarding how SB330 replacement unit requirements integrates with the City’s AHPP.

Staff intends to make clarifications edits to Chapter 9.63 Planning, Zoning, and Land Use Fees on how the AHPP intersects with SB 330 replacement requirements.

Whether Projects That Do Not Involve New Construction Should Be Allowed to Remove Housing Units
Staff has received inquiries regarding a variety of scenarios that involve the removal of a housing unit without replacement but where no new construction is being proposed.

Examples of scenarios include but are not limited to the following:
• Combination of multiple housing units in a building into one unit; • Conversion of a housing unit to a non-housing use;
• Demolition of an accessory dwelling unit without replacement; and • Conversion of an accessory dwelling unit to an accessory use (e.g. recreational room, home office).

SB 330 does not specifically address any of these scenarios. Staff requested Technical Assistance from HCD to interpret SB330’s applicability to these scenarios. HCD informed staff that multiple jurisdictions have reached out for technical assistance regarding these scenarios and declined to opine on the meaning of the statute in this context. Thus, staff is seeking Council direction on whether the City should prohibit these sorts of projects because they would result in an overall loss of housing units in the city.

SB330 identifies “protected units” as the following:

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• Units deed-restricted to lower or very-low income households within the past five years;
• Rent-controlled units;
• Residential dwelling units that are or were rented by lower or very low income households within the past five years; and
• Residential dwelling units that were withdrawn from rent or lease in accordance with Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 within the past 10 years.

In addition to the above, the City has mechanisms to preserve deed-restricted affordable housing units in addition to rent-controlled units. Affordable housing units affordable to low and very low-income households must ensure long-term affordability through deed restrictions that must be in place for at least 55 years. In addition, rentcontrolled units cannot be removed without going through the removal permit process that must be approved by the Rent Control Board.

In considering SB 330’s requirements for protected units and HCD confirming that the statute does not address scenarios where new construction is not being proposed, staff recommends that a net reduction of housing units be allowed when no new construction is proposed. However, a net reduction of housing units should be prohibited if a project involves any protected unit, as identified by SB330.

Policy Questions:

A) SB 330 provides the option for certain replacement units to be deed restricted for low income households or rent controlled.

Should the City codify a preference for replacement units to be deed restricted for low income households or rent controlled? B) SB 330 does not specify whether a net reduction in housing units (without new construction) is allowed. Should the City prohibit

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any project, whether new construction is proposed or not, that results in a net reduction in housing units in the city? ➢ Program 1.E Revise the Design Standards in The Bergamot Area Plan (BAP) For Easier Understanding And To Support Housing Production Program Language:
“The City shall modify the design guidelines in the BAP to establish objective standards to support housing production by increasing certainty for housing providers. The revisions to design standards will address at minimum: building modulation, ground floor uses, street frontages/pedestrian orientation, open space, reduction in parking minimums, live/work artist and commercial living situations, etc. The standards shall be user-friendly with improved clarity to support housing production. The BAP should also consider the special housing needs of artists, such as live-work units, to promote artist residents in the Bergamot area.”
Overview:

City efforts to establish new design standards in the Bergamot Area Plan and support housing production began in 2022 as part of the grant work that was funded by the Southern California Association of Governments (SCAG) through the SCAG Regional Early Action Planning (REAP) grant program. Pursuant to SB330, design standards that apply to housing projects adopted after January 1, 2020 are required to be objective design standards. The effort is to develop Objective Design Standards (ODS) for the Bergamot Area Plan (BAP).

On December 6, 2023, the Planning Commission held a study session and discussed conceptual objective design standards proposed for the Bergamot Area Plan. As part of the grant funded by SCAG, the City also developed and on December 19, 2023, Council adopted objective design standards through an Interim Zoning Ordinance that are

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exclusive to SB 35 housing projects with at least 50% affordability. The Interim Zoning Ordinance establishing objective design standards for qualifying SB35 housing projects establish the foundation for standards being developed with the Bergamot area. In the Bergamot area, there has been additional focus on open space as a response to the larger parcels sizes in the area compared to the rest of the city. The complete background of the SCAG program work is provided in the December 6, 2023 Planning Commission staff report.

Although the scope of work under the SCAG grant program has been completed, the City has retained AECOM to assist staff with further developing the BAP objective design standards in accordance with Housing Element Program 1.E which sets forth the update and revision of the BAP design standards to support housing production.

Program 1.E is scheduled for completion by October 2024. This phase of the project includes finalizing the objective design standards and also developing potential standards for taller buildings in the Bergamot area in response to recent housing proposals.

Staff held a community meeting on February 28, 2024 and two workshops with a technical working group consisting of community members and development professionals on March 21, 2024 and April 18, 2024 to discuss the BAP ODS project.

The ARB also held a study session on April 18, 2024. The concepts discussed at these meetings included more detailed concepts for open space and the introduction of approaches for taller buildings. The approaches for taller buildings included a review of sample standards from other cities and are being driven by preliminary SB330 applications for buildings of up to 24 stories tall in the Bergamot area. While any potential standards that may be developed for taller buildings in Bergamot will have no effect on these preliminary applications (because they are vested to the date that the preliminary application was submitted), they will apply to future applications.

Progress Update:

The December 6, 2023 Planning Commission Study Session and subsequent review by Council as part of the Interim Zoning Ordinance (IZO) establishing objective design

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standards for qualifying SB35 housing projects focused on building design and ground floor frontage requirements. There appeared to be agreement and support for the draft conceptual standards (Attachment A) which include the following:
• Build-to line that would require buildings to be located closer to the sidewalk in order to ensure buildings help create a pedestrian-friendly environment. • Ground floor design requirements including standards for quality materials and transparency
• Modulation standards based on the Downtown Community Plan to break up building mass
• Roofline variation to ensure design variation and open space at the roof • Modifications to the transition requirements between larger buildings in commercial zones and adjacent residential neighborhoods There is no change proposed to these previously reviewed draft conceptual standards and staff anticipates further refinement in preparation for Council adoption in September 2024.

The Planning Commission held a second study session on draft conceptual standards on May 8, 2024 for the Bergamot Area Plan. As the Bergamot area transitions from a largely commercial and light industrial area into a neighborhood, well-designed and substantive open space is essential to fostering the sense of community and quality of life necessary for a complete neighborhood. In addition, as noted above, the City has received preliminary applications for tall residential buildings in the Bergamot Area, and developing design standards for these taller buildings is also essential. As a result, the Planning Commission’s study session focused on further development of open space concepts and the introduction of concepts and sample standards for taller residential buildings.

The Planning Commission’s discussion was informed by comments from the community meeting, technical working group, and ARB study session. The Commission’s direction included the following:

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• Open Space
o The requirement for open space should increase with parcel size and unit count
o Ground floor open space should be required
▪ Ground floor open space is desirable next to a pathway ▪ Visibility from street to ground floor open space is desirable o Pathways through sites should be encouraged and could be counted as common open space if designed in a way to be usable
▪ Fire lanes and other required service lanes may create natural pathways through sites and could be incentivized by counting toward open space requirements (e.g. landscaping, pavers) o There should be requirements for security fencing to enable security but not create safety concerns
• Priority Concepts for Taller Residential Buildings
o The Commission generally agreed that the following priority concepts should guide development of design standards for taller residential buildings:
▪ Tower Spacing – consider 80 feet
▪ Podium Height – consider 35 feet as a maximum podium height ▪ Podium Footprint – there should be a maximum podium footprint size
▪ Tower Footprint – no larger than 12,000 sf
▪ Sun exposure/Shadow considerations – shadow impacts should be minimized on adjacent streets and on-site open space; interest in focusing tower location towards the east side of the site to reduce these shadow impacts
o Any above-grade structured parking should be designed to be integrated with the building design

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o The Commission received modelling information regarding wind and agreed that designing for wind is too difficult and complicated and not as important as designing for shadow impacts
The following sections provide more background information regarding open space and taller building concepts and pose policy questions for Council consideration. An overarching consideration in developing objective design standards is that standards that are not feasible are often modified or eliminated using provisions in State density bonus law. Therefore, these concepts have been developed with feedback from the development community to increase the likelihood that the standard will be implemented by future housing projects while also meeting the City’s design expectations.

Open Space
Due to the unusually large parcel sizes and fewer streets in the Bergamot Area, standards for open space and passageways through properties should be different from the rest of the city. The following presents three main components of the revised open space standards for City Council discussion and direction with respect to on-site open space:

1. Open Space Requirement

2. Ground Floor Open Space Requirement

3. Pathway Requirements Through Large Sites

1. Open Space Requirement
What this means: How much open space should a project provide? Analysis: The parcel sizes in the Bergamot area are much larger than in other areas of the city. Developing open space standards for the Bergamot Area is of particular importance as the area transitions from primarily industrial and commercial uses to include a mix of residential development. Open space is key in providing amenities for residents and creating a sense of neighborhood. Pedestrian and vehicular pathways through private properties may be necessary to provide reasonable mobility around the

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neighborhood. Additionally, meaningful open space for new residents should be required on site for each development.

Previous requirements in the Bergamot Area Plan were overly complicated and unnecessary, such as a requirement for a minimum size of a 6,000 square foot primary open space. While this large size is unnecessary, a minimum size of 2,500 square feet for a primary open space, with additional open space required throughout the project would be important to ensure sufficient social space is part of every project.

Recommendation: The Architectural Review Board and Planning Commission agreed that an open space requirement similar to Downtown would make sense and that there should be a minimum size for the primary open space.

Open Space Requirement Policy Questions:

A) Similar to the Downtown Community Plan, should the open space requirement be based on parcel size such that open space requirements increase as a parcel gets bigger?
Yes means…
The total amount of required open space that
a project must provide would increase if the
parcel is larger. This would be a larger
percentage of the parcel as the parcel sized
increases. This would be the same approach
that is used in the Downtown Community
Plan.

No means…
The total amount of required open
space that a project must provide would
not be based on parcel size but would
potentially be a fixed amount or based
on another measure (for example,
number of units). This would be the
same approach that is used in
commercial zones in the City other than
the Downtown.

B) Should there be a minimum dimension and/or size required for a primary open space?
Yes means…
A minimum dimension and/or size of required
open space would ensure that open space is
of a dimension that is usable for future
residents and could accommodate a diversity
of amenities. Minimum dimensions and/or
No means…
There would not be a minimum
required open space size. This means
that open space would be more likely to
be relegated to minimal areas that are
left over after the building is designed.

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size help to ensure that open space is not
simply a project’s circulation space (e.g.
corridors and passthrough areas).

2. Ground Floor Open Space Requirement
What this means: How much open space should be required on the ground floor? Analysis: Ground floor open space has previously been required in the Bergamot Area Plan but the size and location was very prescriptive. As a result, none of the ground floor open spaces envisioned for the Bergamot Area have ever been implemented in a project outside of a negotiated development agreement. Since future housing projects must only comply with the City’s objective design standards, there is a need for the revised standards to be more flexible so that they are more likely to be implemented in projects and also easy to understand. Open space at the ground level can enhance the public realm and the overall neighborhood. If at grade over natural earth, ground floor open space can provide an opportunity for trees that reach maturity.

Recommendation: The ARB and Planning Commission agreed that ground floor open space should be required and it should be visible from the public right of way as it serves the dual purpose of providing space for ground floor amenities while also helping to provide breaks in building mass.

Ground Floor Open Space Requirement Policy Questions
A) Should open space be required on the ground floor?
Yes means…
Ground floor open space would be
required in future projects.

No means…
Ground floor open space would not be
required in future projects.

B) If ground floor open space is required, should it visible from or located adjacent to the street/sidewalk?
Yes means…
Ground floor open space would be closer
to the public street instead of being
located internal to a project. Open space
adjacent to a public street helps to break
No means…
Ground floor open space could be located
anywhere on the ground level

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up the mass of the building at the ground
level and also provides open space that is
more likely to be used by both residents
and the general public.

3. Pathway Requirements through Large Sites
What this means: With larger sites (generally of more than 80,000 square feet) – it is likely that pathways for fire access and service will be needed. Therefore, it may make sense to incentivize the use of those pathways for open space since they are already required.

Analysis: The Bergamot area generally contains parcel sizes that are larger than the rest of the city with several large sites of more than 80,000 square feet. If these sites were developed, it is likely that passageways for fire access and service/delivery would likely be required. It is also anticipated that larger sites may be reduced to multiple smaller parcels of less than one acre in order to qualify for an Administrative Approval process. This may be advantageous for walkability, although it may reduce opportunities for well-designed pathways and meaningful open space at the ground level because each site would require separate pathways for services, fire lanes etc. and could not be designed more effectively to create meaningful open space.

As a result of larger parcels, the Bergamot Area is not as walkable as other areas of the city and the pedestrian and bicycle networks are not as well developed compared to the rest of the city. As a result, future residents and employees in Bergamot may be discouraged from walking, biking or taking public transit. In reviewing larger sites, it appears that if a 20-foot wide passageway were required, it would take up approximately 10% of the parcel area. This might leave 10-15% of the parcel area for other common open space, if the passageways were included in the common open space.

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Figure 1: Example photo of a pathway
Recommendation: The ARB and Planning Commission agreed that required pathways like fire access lanes could possibly be incentivized to count towards open space requirements since they might tend to be less frequently used by vehicles (as opposed to for example, concrete driveways leading to parking). They also agreed that there could be opportunities where pathways could count towards open space if they were connected to a larger open space (see Figure 2 for example photo).

Figure 2: Example photo of an open space next to a pathway Pathway Requirement Through Large Sites Policy Question:

A) Should ground floor access paths that are already required for other purposes (e.g. fire access lane) count towards common space if they can be designed in a manner as to be usable?
Yes means… No means…

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Required ground floor access paths could
count towards common space provided that
they are designed to be usable. These
design incentives might be fire lanes that
have landscape pavers or pathways that
are connected to a common open space of
a minimum dimension/size.

Required ground floor access paths
would not count towards common space.

This would mean that an applicant would
not have an incentive to try and design
required ground floor access paths in a
way that could be usable for pedestrians
Ground floor open space and passageways will also be discussed in relationship to podium design below.

Approaches for Taller Residential Buildings
Several preliminary SB330 applications have been received for taller housing projects that range between 18-24 stories in the Bergamot area. These taller projects are proposing to utilize State density bonus law. Because those applications are vested to the standards in place at the time of filing of the preliminary application, none of the new standards being developed will apply to the preliminary applications. It should be noted that any objective design standard that is created could be modified or waived through provisions in State density bonus law. As a result, the consultation process has necessarily included the development community as a means of testing concepts with the aim of finding alignment between the City’s design values and the feasibility of housing projects.

The attached presentation is intended to build an understanding of the range of possible approaches to regulate taller buildings (Attachment C). These approaches have previously been reviewed by the Technical Working Group, the Architectural Review Board, and the Planning Commission. The Technical Working Group provided feedback regarding the feasibility and utility of possible approaches and staff will continue to consult with the Technical Working Group as a touchpoint for understanding potential taller building standards that achieve both the City’s goals and applicant’s goals such that standards are more likely to be used instead of modified or eliminated through State Density Bonus Law.

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The results of this initial consultation process with the community, technical working group, Architectural Review Board, and Planning Commission have highlighted the following six priority concepts that will shape the design standards for taller buildings in the Bergamot area:

1. Height at which Taller Building Design Standards Should Apply;

2. Tower Footprint;

3. Tower Spacing;

4. Façade interest and requirements;

5. Podium Footprint and Height (i.e. the bulk and height of the base of the building); and

6. Performance standards for sunlight, shade, and wind.

The following provides summary information regarding these priority concepts and a recommendation based upon the initial consultation process. Illustrations of these concepts are provided in Attachment B. Council should provide feedback on the recommendation for each priority concept.

1. Height at which Taller Building Design Standards Should Apply • Why this is important: A tower may have different types of impacts including shade/shadow, impacts for wind/breeze or passive ventilation, and visual impacts that are different than mid-rise buildings. Currently, the maximum height allowed in the Bergamot area is 84 feet (approximately 8 stories).

However, as there has been other development in the city with a similar height, it does not appear that 84 feet is the right standard to use as the threshold at which additional design standards for taller buildings would apply. The priority concepts for taller buildings, such as tower spacing and minimizing tower footprint, are more appropriately applied to buildings that are significantly higher than the City has typically seen Additionally, cities such as Long Beach and Downtown Los Angeles have taller building

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design standards apply at approximately 14 stories, and San Diego at approximately 12 stories. San Jose applies taller building design standards at 6 stories.
• Preliminary Recommendation: The Planning Commission expressed interest in taller building design standards applying above 84 feet (approximately 8 stories) however, staff would recommend further study on this issue as the technical working group and ARB recommended that the standards apply for buildings taller than 125 feet (approximately 12 stories).

2. Tower Footprint
• Why this is important: In reviewing sample standards that regulate tower massing (i.e. how bulky a tower appears) the focus has been to ensure access to light and air from surrounding properties and streets. In order to ensure that surrounding properties and public street have access to light and air, having a maximum footprint for the tower structure is important as it has the greatest impact on tower massing.
• Preliminary Recommendation: The Planning Commission and ARB agreed that there should be a limitation on tower footprint. Based on a review of sample standards, staff recommends the maximum tower footprint be between 10,000 and 12,000 sf. This size of footprint is the minimum necessary to accommodate required egress from taller buildings as required by the Building Code.

3. Tower Spacing
• Why this is important: Requiring a minimum distance between towers is intended to minimize shade/shadow impacts and ensure light and air can flow through the buildings and surrounding neighborhood. A review of sample standards from other cities shows that the tower space standard

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could apply to towers on the same property or towers on adjacent properties (note that staff is further researching how this standard has been implemented on neighboring properties).

A number of cities require 80 feet of separation, including Long Beach, Vancouver and Downtown Los Angeles. New York City has a smaller distance required, likely because the lots and block structure are smaller.

The ARB and Planning Commission supported prioritizing a tower spacing requirement.
• Preliminary Recommendation: The Planning Commission and ARB supported prioritizing spacing between towers. Staff recommends tower spacing of 80 feet be required, with a possible reduction when towers are offset. Offset towers means the towers are not directly opposite from one another.

4. Façade Interest and Requirements
• Why this is important: Throughout the City’s design guidelines and design review process, there has consistent attention on façade design, often through modulation requirements. Modulation provides visual interest for a building instead of flat building face. For example, the Downtown Community Plan requires a certain percentage of the façade to be set back a minimum of 5 feet above a certain height, with balconies allowed within this area. Elements that could be required include balconies, vertical elements or other modulation. However, when buildings get taller, more minimal modulation is required to create visual interest. • Preliminary Recommendation: Planning Commission and ARB did not have strong opinions regarding whether a separate standard for façade interest is important for taller buildings. It remains unclear if and how much façade modulation should be required. If private open space

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continues to be required, that may naturally provide the necessary modulation.

5. Podium Footprint and Height
• Why this is important: Taller buildings are often designed on top of a base called a “podium”. The podium could be one, two or three stories and be much larger in footprint than the tower footprint. The height and overall size, length and width of a podium is important in how a project relates to pedestrians. A podium provides space for commercial space at the street, entry lobbies, and all services including trash, electrical, loading and parking entry. Podium massing establishes a relationship between the building and the street and its length often influences the block structure of a neighborhood.

Considerations for podium maximum height and footprint include requirements for open space and pathways through larger sites that may enable mobility to be enhanced throughout the district. Limitations on podium massing will make it possible to ensure ground floor open space is incorporated into the project.
• Preliminary Recommendation: Planning Commission and ARB supported limitations on podium footprint and height. Staff recommends the podium footprint not exceed 35,000 square feet, which would be consistent with the rest of the city and provides flexibility for accommodating new neighborhood serving uses. The maximum height of the podium should be 35 feet (approximately 3 stories).

6. Sunlight, Shade, and Shadow
• Why this is important: Taller buildings will cast shadows on surrounding streets and properties. AECOM conducted sample modelling to help demonstrate the relationship between building mass and shadows on

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adjacent properties. The modelling showed that slimmer (and therefore taller) towers cast longer shadows but the shadows moved more quickly.

In contrast, wider (and therefore shorter) towers cast shorter shadows but the shadows moved more slowly. This would mean that some adjacent streets and properties would be in shadow for a longer portion of the day.

Prioritizing the public sidewalk/adjacent properties for minimizing shadows from taller buildings will inevitably result in impacts on the project’s open space and vice versa.
• Preliminary Recommendation: Planning Commission and ARB generally agreed that addressing shadow impacts is important. Sun exposure should be prioritized to streets and open space and consideration should also be given to the effect of tall buildings on required on-site open space.

Tall buildings should be encouraged to be closer to the east side of the site to enable the open space on the site to maximize sun access.

7. Wind, Passive Ventilation
• Why this is important: High-rise buildings can create different wind effects and patterns at the ground level and around and between tall buildings.

Wind and breeze are difficult to predict. While the prevailing wind often comes from the ocean, there are times with the wind comes from inland during a Santa Ana wind event. At other times, a strong wind can come from the north or south.

Designing for wind effects can influence tower placement. Some considerations include: preserving breezes and air flow on streets and around buildings, maximizing passive ventilation for residents, and mitigating vertical wind or “wind tunnel” effects.

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AECOM conducted some scenario modelling to understand potential wind effects in the Bergamot based on hypothetical building scenarios. The results showed that it is very difficult to create an objective design standard to address wind due to its unpredictability. Creating standards to address wind also appear to conflict with standards that would help to maximize sun exposure for surrounding properties and adjacent public streets.
• Preliminary Recommendation: While not a significant point of discussion, Planning Commission and ARB generally agreed that shadow impacts should have priority over wind effects due to the unpredictability of wind and that setting requirements for wind studies to demonstrate effects may be onerous on an individual project. Therefore, objective design standards to address wind effects are not recommended but may consider a horizontal element at the base of buildings to avoid negative wind impacts.

Taller Building Objective Design Standards Policy Question A) Does Council agree that the following principles should be prioritized for developing taller building standards:
• Minimum Height at which Taller Building Standards Apply • Maximum Tower Footprint
• Minimum Tower Spacing
• Maximum Podium Footprint
• Maximum Podium Height
• Sunlight, Shadow, and Shade
➢ Program 1.H Adaptive Reuse of Existing Commercial Buildings for Permanent Residential Use

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Program Language:
“As an alternative to constructing new housing, the City shall encourage and incentivize the adaptive reuse of existing commercial tenant space for permanent residential use and also allow an adaptive reuse of existing ground floor commercial space for artists and live-work use. The City shall also adopt policy and zoning changes to incentivize the conversion of existing commercial tenant space to residential use, such as relaxing parking, unit mix, open space, and other typical zoning or building code requirements.”
Overview and Progress Update:

Program 1.H calls for the establishment of new zoning regulations to encourage and incentivize the adaptive reuse of existing buildings. Adaptive reuse refers to the repurposing of an existing building and updating it for a new use. The city does not have a history of projects involving adaptive reuse from non-residential to residential use.

While this adaptive reuse program would be new for the City, adaptive reuse is not a new concept. Adaptive reuse is typically common for historic buildings, however, its application is not strictly limited to historic buildings.

In recent years, the State Legislature has enacted a number of bills to encourage the adaptive reuse of buildings to address the housing crisis. • Assembly Bill 1490 (AB 1490) was passed in 2023 and provides streamlining for 100% affordable housing projects that adaptively reuse an existing building with residential units or allows temporary dwellings or occupancy even if it conflicts with local plans, zoning ordinances or regulations. • Assembly Bill 529 (AB 529) was also passed in 2023 and requires HCD to convene a working group to identify potential amendments to state building standards that support adaptive reuse residential projects no later than December 31, 2025.

Existing Barriers to Adaptive Reuse

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Adaptive reuse offers the City the opportunity to address rising commercial vacancy rates and housing need. However, there are various challenges to adaptive reuse including financial and regulatory barriers.

Adaptive reuse projects are widely known to be costly. Office to residential conversions may sometimes be financially infeasible as residential rents might be lower than current office rents. Further, if an existing building is not already vacant, the owner will have to buy out remaining tenants. Additionally, adaptively reusing a building may be highly cost prohibitive due to the significant repair and renovation activities that will be required to bring the building up to current code. This can be very expensive especially in Class A office buildings, which is highly valued in the City. Finally, it might be more cost effective to just demolish the existing building and build new - particularly if the conversion costs are greater than ground-up construction costs.

Aside from financial barriers, regulatory barriers such as zoning and building code requirements also make it challenging for adaptive reuse developers. In terms of zoning, a developer undertaking an adaptive reuse project is required to comply with the same development standards and requirements as a new construction project. This includes compliance with the City’s Affordable Housing Production Program. Studies conducted by San Francisco and Los Angeles have indicated that it is financially infeasible for adaptive reuse projects to include on-site affordable units (Attachment E).

Through the adoption of an Adoptive Reuse Ordinance, the existing standards and requirements in the Zoning Ordinance would be relaxed and/or modified to incentivize adaptive reuse projects.

Potential Incentives to Consider for Adaptive Reuse
To encourage adaptive reuse projects, the City could consider process incentives within the Adaptive Reuse Ordinance such as by-right processing of adaptive reuse projects that convert existing floor area to residential uses, waiving or reducing impact fees, and modifying the inclusionary (affordable housing) requirements.

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Development standards incentives could include modifying or waiving the density or floor area limits for adaptive reuse conversions. Also, given that adaptive reuse involves retention of the existing building, other incentives such as waiving requirements related to setbacks, stepbacks, daylight plane, transitional requirements, open space, unit mix, and bike parking should also be considered.

As an additional strategy to increase the cost effectiveness of adaptive reuse projects and make these projects more viable, the City could consider allowances for new construction and additions associated with an adaptive reuse project. The cities of San Francisco and Los Angeles recently updated their Adaptive Reuse Ordinances to further encourage adaptive reuse by permitting new construction and additions to occur. In San Francisco, adaptive reuse projects may expand an existing building by up to 33% of the existing building’s gross floor area and one vertical story. In the City of Los Angeles’ March 2024 draft Adaptive Reuse Ordinance, new construction on the roof would be permitted so long as it does not exceed one story. If an adaptive reuse project provides on-site affordable housing, then the new construction will be eligible for up to two additional stories above the existing height or unlimited density within the floor area limitations of the underlying zoning. This “bonus” floor area strategy helps to off-set the high costs of adaptive reuse projects and gives these projects more flexibility.

Outreach and Planning Commission Feedback
The City has begun public outreach to gather feedback on the Adaptive Reuse Ordinance. An introductory public session was held virtually on March 28, 2024 to provide project background information and initial thoughts. Technical working group sessions were also held to review potential standards and incentives to be included in the Ordinance. City interdepartmental discussions have also been held to determine the appropriateness of relaxing or waiving other building code or sustainability requirements for adaptive reuse projects. At the May 8 Planning Commission hearing, the Commission received a presentation by Omgivning, an architecture firm with extensive experience in adaptive reuse in the City of Los Angeles (Attachment D), and gave specific comments and direction on what should be included in the Ordinance.

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Recommended Approach for Adaptive Reuse Ordinance:

Based on the Planning Commission’s direction at their May 8 study session, staff recommends the following approach for the Adaptive Reuse Ordinance:
1) Applicability
▪ Ordinance applies Citywide, and only when projects convert existing floor area within the existing building envelope in the following instances:

1. Conversion from non-residential uses into multiple unit dwelling use

2. Conversion to live-work only in commercial zoning districts

3. Conversion to multiple unit dwelling use of any building in a residential zone that has never been utilized as a multiple unit dwelling use ▪ Full and partial conversion of an existing building would be permitted ▪ An adaptive reuse project must include a minimum of two housing units ▪ Adaptive reuse projects for designated Landmarks or buildings within designated historic districts must still comply with the City’s Landmarks and Historic Districts Ordinance.
▪
2) Process Incentives:
▪ Bonus New Floor Area Within No More Than Two Additional Stories:

Allowance for limited new attached construction with up to 100% increase in existing floor area within a maximum of 2 additional stories constructed on top of the existing building (Example 1).

Example 1:

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If the new attached construction is located in the rear or side, the new construction shall not exceed more than one story above the existing building (Example 2).

Example 2:

This “bonus floor area” would be entitled to the process and development standard incentives contained within the Ordinance.
▪ Impact Fees: Waiver of all impact fees, except for Parks and Recreation fees
▪ Modification of Affordable Housing Requirements: With respect to inclusionary (affordable housing) requirements, the Planning Commission were generally in agreement to waive on-site inclusionary requirement as requiring adaptive reuse projects to provide affordable units will likely render such projects financially infeasible. However, the Commission disagreed as to whether the affordable housing in-lieu fees should be applied.

In their deliberations, policy questions were raised as to whether encouraging adaptive reuse projects through the waiver of affordable fees was appropriate in light of the City’s affordable housing goals. While adaptive reuse projects provide the opportunity to sustainably reuse buildings and preserve neighborhood character, adaptive reuse projects do not typically result in increased affordable housing due to the high costs of conversion. A fundamental policy consideration for Council is how

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to balance the competing goals of promoting adaptive reuse with the City’s affordable housing desires. One Planning Commissioner suggested an approach whereby the affordable housing fee would be triggered only after 10 units.

Staff recommends that the affordable housing requirements including fee be waived given the high costs of adaptive reuse projects. If Council directs application of the fee, Staff recommends that the fee be reduced and/or applied to the new square footage only.
3) Development Standards Incentives (applies to existing building to be adaptively reused and the bonus floor area)
▪ Permit existing building to maintain existing heights, setbacks, stepbacks, and parcel coverage (even if non-conforming)
▪ No density or floor area limits
▪ No ground floor height requirement in commercial zones ▪ No unit mix requirement (note that existing unit mix applies for projects over 50 units)
▪ No daylight plane or R1 transitional requirement
▪ No open space requirements
o Alternatively, open space can be encouraged by allowing for one additional story of open space amenities (including rooftop open space) on top of the existing building that would not count against the maximum height/# of stories or FAR. With this additional story of open space, an adaptive reuse project could have up to 3 additional stories (2 stories of bonus floor area plus 1 story of open space amenities).
▪ Permit existing site to maintain existing driveways, curb cuts, or other vehicular access to off-street parking and loading
▪ No bike parking requirement

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Adaptive Reuse Policy Questions:
1) Does the Council want to restrict the conversion of hotels/motels to multiple unit dwelling use (i.e. housing) in the Adaptive Reuse Ordinance, particularly in the Coastal Zone?
2) To support feasibility of adaptive reuse projects, should adaptive reuse projects have an affordable housing requirement (i.e. fee or on-site units)? If yes, should the requirement be reduced or modifed?
3) To support feasibility of adaptive reuse projects, should the 100% increase in bonus floor area be allowed within no more than two additional stories in order to accommodate additional housing units?
4) Given difficulties in creating new open space within existing buildings, should an additional floor of open space be permitted for adaptive reuse projects?
Past Council Actions
Date Description
March 21, 2023 & April 11, 2023 Implementation of Phase 1 Housing Element Programs
December 19, 2023 Introduction and Adoption of Emergency Interim Zoning Ordinance for Objective
Design Standards for Qualifying SB35
Projects
February 13, 2024 Introduction and Adoption of Emergency Interim Zoning Ordinance for Objective
Design Standards for Qualifying SB35
Projects
April 23, 2024 First Reading of Adoption of Ordinance
Amending Zoning Ordinance for
Consistency with AB1287 and Direction
to not proceed with Planning Commission

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recommendation to create local density
bonus program for housing projects that
provide off-site affordable housing
Next Steps
City staff will continue on-going outreach for Phase 2 programs and prepare draft redlines for Planning Commission recommendation, anticipated to be in August 2024 with Council adoption in September 2024.

Environmental Review
No environmental review under CEQA is required at this time since the purpose of this study session is to receive Council direction and comments. No actions are being undertaken that will result in direct or indirect physical changes in the environment.

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

Prepared By: Jing Yeo, Planning Manager
Approved Forwarded to Council
Attachments:

A. Attachment A - Presentation on Bergamot Area Plan Open Space B. Attachment B - SB35 Objective Design Standards
C. Attachment C - Presentation on Taller Residential Buildings - Approaches and Sample Standards
D. Presentation by Omgivning on Adaptive Reuse, May 8, 2024 Planning Commission Meeting (Web Link)

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E. Preliminary Findings, Feasibility Analyses of Adaptive Reuse Projects Supported by the Proposed ARO Update (City of Los Angeles Memo prepared by AECOM), February 6, 2024 (Web Link)
F. Planning Commission Study Session, January 17, 2024 (Web Link) G. Planning Commission Study Session May 8, 2024 (Web Link) H. Planning Commission Study Session December 6, 2023 (Web Link) I. City Council Meeting December 19, 2023 (Web Link)
J. Written Comments
K. PowerPoint Presentation

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Draft Bergamot Area Plan
Open Space Standards
Planning Commission Discussion
May 8, 2024

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Packet Pg. 284 Attachment: Attachment A - Presentation on Bergamot Area Plan Open Space (6370 :

Existing Open Space Standards
Should the requirement for common open space
be in part based on parcel size?
Should the requirement increase with larger
parcel sizes?
Should there be a minimum size of a Primary
Open Space?
Downtown Community Plan Standards
Bergamot Area Plan Standards

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Packet Pg. 285 Attachment: Attachment A - Presentation on Bergamot Area Plan Open Space (6370 :

Existing Open Space Standards
Bergamot Area Plan Standards
Should there be required ground
floor open space?
If there were required ground
floor open space, should there be
ground floor open space required
near or at the street?
What incentives might be
necessary to make that work

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Packet Pg. 286 Attachment: Attachment A - Presentation on Bergamot Area Plan Open Space (6370 :

Ground Floor Open Space/ Site Permeability
Bergamot Area Plan

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Packet Pg. 287 Attachment: Attachment A - Presentation on Bergamot Area Plan Open Space (6370 :

Ground Floor Open Space/ Site Permeability
Bergamot Area Plan

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Packet Pg. 288 Attachment: Attachment A - Presentation on Bergamot Area Plan Open Space (6370 :

Building Massing Standards
Existing Maximum Building Footprint Standards
Is the Maximum Building
Footprint requirement still
relevant?
If that still makes sense,
would 35,000 SF make
sense for the entire plan
area?

7.A.a
Packet Pg. 289 Attachment: Attachment A - Presentation on Bergamot Area Plan Open Space (6370 :

Ground Floor Open Space/Site Permeability
Bergamot Area Plan

7.A.a
Packet Pg. 290 Attachment: Attachment A - Presentation on Bergamot Area Plan Open Space (6370 :

Ground Floor Open Space/ Site Permeability
Bergamot Area Plan

7.A.a
Packet Pg. 291 Attachment: Attachment A - Presentation on Bergamot Area Plan Open Space (6370 :

Ground Floor Open Space
GroundFloor Pathways– Bergamot Area Plan

7.A.a
Packet Pg. 292 Attachment: Attachment A - Presentation on Bergamot Area Plan Open Space (6370 :

Ground Floor Open Space
Ground Floor Pathways – Bergamot Area
Plan
• Minimum Area: Projects shall provide
ground-floor pathways based on parcel size, to
allow for pedestrian circulation through the
site. Pathways shall connect to adjacent
sidewalks, common spaces, and where feasible,
to adjacent parcels.

Dimensions: Ground Floor Pathways shall have
minimum average width of 20 feetand be at least 80
percent open to the sky.

Landscaping: A minimum of 25 percent of Ground
Floor Pathways shall be landscaped area with a
minimum dimension of 30 inches in each direction.

Trees: A minimum of one 24-inch box tree for every
500 square feet of Ground Floor Pathways shall be
planted within the Ground Floor Open Space. At least
50 percent shall be shade trees.

What minimum size parcel can potentially accommodate a
pathway connection?

7.A.a
Packet Pg. 293 Attachment: Attachment A - Presentation on Bergamot Area Plan Open Space (6370 :

Ground Floor Open Space
Bergamot Area Plan
• Would pathways be useful or required to comply
with standards such as fire lanes, trash service,
loading, etc.?
• Could these pathways also help satisfy other
project requirements such as common open
space and maximum building footprint?
• Could these pathways double as amenitized
open space and access/service?
• How would a pathway(s) be feasible on a lot
40,000 SF or larger?
• Could these pathways be open to the public
during daylight hours?

7.A.a
Packet Pg. 294 Attachment: Attachment A - Presentation on Bergamot Area Plan Open Space (6370 :

Courtyards providing
social space for
residents
Open Space
Common Space & Design
Social space: A minimum of one social space,
either soft or hardscape, with a minimum
dimension of 10 feet in each direction shall be
provided for every 25 units. Each required
Social Spaces will incorporate one of the
following amenities: • Cooking facilities • Edible gardens • Pools and/or spas • Water features • Exercise space and/or equipment • Play space and/or play equipment

7.A.a
Packet Pg. 295 Attachment: Attachment A - Presentation on Bergamot Area Plan Open Space (6370 :

Open
-to-the-sky:Amaximum 20% of Common Outdoor
Living Area may be covered bya building.

Landscaping:Aminimum of 25% of Common Outdoor Living
Area shall be planted.

Trees:Aminimum of one treeis required per 500 square feet of Common Outdoor LivingArea; 50% shall be shade trees.

Social space:A requirement for seating and one amenity
(i.e water features, play space, furniture) to be provided.

Seating:Aminimum of1 seat per 200 square feet of seating is required and 50% shall be arranged to be arranged in groups.

Are thesecommon open space standards workable
for market rate and affordable projects?
Courtyards
providing social
space for residents
Open Space
Common Space& Design

7.A.a
Packet Pg. 296 Attachment: Attachment A - Presentation on Bergamot Area Plan Open Space (6370 :

SB 35 Objective Design Standards
December 2023 | Final

7.A.b
Packet Pg. 297 Attachment: Attachment B - SB35 Objective Design Standards (6370 : Housing Element Phase 2 Implementation Study Session) 1 I. Ground Floor
Design Intent
To promote an active, accessible, and comfortable pedestrian environment that enhances the public realm at a human scale, promotes a sense of openness, and enables flexible uses over time.

Objective Design Standards
A. Horizontal Element for buildings with a ground floor height of 15 feet or greater:

Incorporate a horizontal element between 9 and 14 feet above sidewalk elevation for a minimum of 30% of building frontage. Any horizontal elements shall not consist of vinyl or plastic materials. Elements may be continuous or intermittent, and may include but not limited to:
1) An awning, canopy, or other covering;
2) Signage band
3) An architectural projection of at least 18 inches; and/or 4) A trellis.

B. Entrances Except For Entrances to Residential Units: Street-facing façades shall provide a minimum of one entrance for each street frontage that opens onto the sidewalk. Entrances shall be articulated by one or more of the following:
1) A canopy, awning or other covering;
2) Signage band
3) Porch/portico;
4) Trellis; or
5) Recessed entryway.

C. Street-Facing Residential Uses: Ground floor residential units with street frontage shall have either an entrance or private Outdoor Living Area facing the street. Projects that do not provide street-facing residential units and provide a primary entry into the site or residential lobby may include street-facing residential amenity space pursuant to Section I(C)(6) below.
1) Entrances to residential units on the ground floor shall be set back a minimum of 4 feet from the street-facing property line.
2) Entrances shall have a minimum 3-foot covered landing area at the same grade as the interior floor.
3) Entrances shall incorporate at least three of the following:
a. Recession of entrance at least 2 feet from the building façade; b. Overhead projection (e.g. porch roof);

7.A.b
Packet Pg. 298 Attachment: Attachment B - SB35 Objective Design Standards (6370 : Housing Element Phase 2 Implementation Study Session) 2 c. A sidelight window, adjacent window, or door with a window; d. At least one stair, up or down, from the pedestrian pathway; e. Paving material, texture, or pattern differentiated from the pedestrian pathway.
4) Stoops and patios: The side of a patio or stoop (when parallel to a sidewalk) taller than 30 inches shall be set back a minimum of 18 inches from the property line, separated by planted area.
5) Private Outdoor Living Area Adjacent to a Street: Ground floor private outdoor living areas adjacent to a street shall not be permitted to be enclosed with a fence, wall, or hedge greater than 5 feet in height. Any portion of fences, walls, and hedges above 42 inches in height shall be at least 50% visually transparent. 6) Housing Projects with a Single Primary Entry for Residents: Resident amenity space including but not limited to community rooms, gym or other active space for residents may be located on the ground floor facing the street if the project is designed with a single primary entrance into the site or building lobby for residents.

Such spaces shall be subject to transparency requirements for ground floor residential uses pursuant to Section II(A)(1).

D. Equipment Screening: Equipment including but not limited to electrical boxes, backflow preventers or similar connections required to be located at the street-facing elevations shall be screening with landscape material, or painted to match adjacent building materials, as permitted.

7.A.b
Packet Pg. 299 Attachment: Attachment B - SB35 Objective Design Standards (6370 : Housing Element Phase 2 Implementation Study Session) 3 II. Façades
Design Intent
To address the incorporation of architectural elements and features for visual interest, creating well-designed and coherent building façades with sufficient detail, relief and/or variation.

Objective Design Standards
A. Transparency: Street-facing façades shall incorporate glazing for at least 30 percent of the façade, inclusive of ground floor transparency.
1) Ground Floor Residential Uses: A minimum of 20% of each ground floor streetfacing façade shall be transparent, measured between floor and ceiling height.

B. Openings
1) Every room on an exterior wall shall contain an operable opening unless prohibited by Building Code or located within the Air Quality Assessment Zone. 2) Windows shall be recessed at least 2 inches from the face of the façade unless windows have an exterior shading device on a street facing façade.

C. Materials
1) Material transitions shall occur at the inside corner of a plane change. When material changes occur in the same plane, projecting or recessed architectural elements shall be used to create a corner for material transition. 2) Drainage shall be routed away from the façade to prevent the staining of materials. 3) No foam materials shall be utilized.

D. Roof Decks: Roof decks or portions of roof decks located within 12 feet of a residential zoning district shall be set back a minimum of 30 inches from the building edge.

E. Fences & Walls: Fences and walls shall be made of prefinished materials except for foam, plastic, or vinyl. If the wall is constructed of concrete block, the wall shall be stacked bond or polished block.

7.A.b
Packet Pg. 300 Attachment: Attachment B - SB35 Objective Design Standards (6370 : Housing Element Phase 2 Implementation Study Session) 4 III. Open Space
Design Intent
To provide a variety of open spaces that contribute enhanced livability by providing residents access to light and air as well as passive and active recreation. Common outdoor living areas typically consist of landscaped areas, landscaped courts, walks, patios, swimming pools, barbeque areas, playgrounds, turf, gardens, or other such improvements.

Objective Design Standards
A. Balconets: At least half of residential units without private outdoor living area shall have a balconet (e.g. Juliet balcony). The balconet is not required to allow residents to step beyond the façade; it may be a railing at the outer plane of a façade opening that extends to the floor.

B. Common Outdoor Living Area
1) Open-to-the-sky: No more than 20 percent of Common Outdoor Living Area may be covered by occupied building space.
2) Landscaping: A minimum of 25 percent of each Common Outdoor Living Area 500 square feet or greater shall be planting area with a minimum length and wide of 30 inches. For Common Outdoor Living Area less than 500 square feet and greater than 100 square feet, a minimum of 10% shall be planting area.

There shall be no requirement for spaces less than 100 square feet. 3) Trees: A minimum of one 24-inch box tree for every 500 square feet of Common Outdoor Living Area shall be planted within the Common Outdoor Living Area.

At least 50 percent shall be shade trees. A shade tree shall be defined as a deciduous tree that provides relief from direct sunlight for at least six months. 4) Social Space: A minimum of one social space, either soft or hardscape, with a minimum dimension of 10 feet in each direction shall be provided for every 25 units. Each required Social Spaces shall incorporate one of the following amenities:
a. Cooking facilities
b. Edible gardens
c. Pools and/or spas
d. Water features
e. Exercise space and/or equipment
f. Play space and/or play equipment

7.A.b
Packet Pg. 301 Attachment: Attachment B - SB35 Objective Design Standards (6370 : Housing Element Phase 2 Implementation Study Session) 5 5) Seating: A minimum of 1 seat per 200 square feet of Common Outdoor Living Area shall be provided with a minimum of four seats. Benches at least 48 linear inches in length may be calculated as 2 seats. At least 50% of required seating shall be arranged in groups of four or more seats.

7.A.b
Packet Pg. 302 Attachment: Attachment B - SB35 Objective Design Standards (6370 : Housing Element Phase 2 Implementation Study Session) 6 IV. Parking
Design Intent
To reduce the visual impacts of above-grade parking.

Objective Design Standards
A. Design of Parking Entrances: Exterior building finishes shall wrap into parking entrances/exits for a minimum of 20 feet from the building façade.

B. Screening of Structured Parking: Facades shall be screened with materials that are used elsewhere in the building design or may use any of the following materials:
1) At least 13-gauge metal;
2) Precast concrete panels;
3) Laminated glass; and/or
4) Green walls.

7.A.b
Packet Pg. 303 Attachment: Attachment B - SB35 Objective Design Standards (6370 : Housing Element Phase 2 Implementation Study Session) High-Rise Sample Standards
from Other Cities
Planning Commission Discussion
May 8, 2024

7.A.c
Packet Pg. 304 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Design Standard Objectives – High-Rise
Development
• Create objective standards for new residential development that considers the unique aspects of high-rise design with Bergamot context • Shadow & Wind
• Analyze shadow and wind impacts on public streets and spaces • Cross Ventilation & Sunlight
• Maximize cross ventilation and sunlight opportunities in future development • Common Open Space
• Support the development of successful common open space within new development
• Ground Floor Open Space & Pedestrian Pathways
• Require ground floor open space and pedestrian pathways to support pedestrian mobility and public realm improvements
• Human-scale, Pedestrian-oriented Design
• Support ground floor / podium design consistent with human-scale, pedestrianoriented design

7.A.c
Packet Pg. 305 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Review of Sample Standards
• Defining ‘high-rise’
• Tower Massing
• Sky Exposure Plane
• Height to Width Ratios
• Floor Plate Maximums
• Tower Separation & Placement
• Façade Design
• Podium Massing
• Open Space + Pathways
• Solar Access
• Wind
Intent to introduce different approaches from other cities – not recommending any specific standards
➢ Los Angeles, San Diego, Long Beach, Vancouver, New York, San Jose

7.A.c
Packet Pg. 306 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and When should “high-rise” standards apply?
City Height (ft) Height (approx.
stories)
DTLA Over 150 ft 14 stories
Long Beach Over 150 ft 14 stories
San Diego Over 125 ft 11 stories
San Jose Over 70 ft 6 stories (‘Skyline level’)
• Separate standards required due to:
• Different building typologies with different types of impacts that differ from the City’s existing low and mid-rise regulations • Prominent visibility in the City, contribute to the City’s skyline • Several cities have high rise standards, and each define high rise differently
• Existing max height in Bergamot – approx. 84 feet
• Current local “high-rise” height for Fire Code in SM is 55 feet 1770 Pendrell St, Vancouver

7.A.c
Packet Pg. 307 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Tower Massing
Sample standards
• Ground floor setbacks
• Upper floor stepbacks
• Sky exposure plane
• Height to width ratios
• Floor plate maximums
The general focus of many existing tower
standards are to limit massing at upper levels to
support access to light and air, and maintain
views of the sky
Illustration of New York’s sky exposure plane massing regulation. Should there be standards the limit massing for taller buildings? Source: NYC Zoning Handbook

7.A.c
Packet Pg. 308 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Tower Massing: Sky Exposure Plane / Height to Width
Sample standards
• Sky exposure plane (NYC) –
intention to get sunlight to the street
The building or other structure shall not
penetrate the sky exposure plane set
forth in the table. (exceptions allowed in
certain circumstances).
• Height to width ratios (DTLA) –
intention to reduce overall massing
Towers have a ratio of height to width
of about 3.5:1, for example, 100 feet wide
and 350 feet tall.

Illustrations of New York’s sky
exposure plane massing
regulation.

Source: NYC Zoning Handbook

7.A.c
Packet Pg. 309 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Tower Massing: Floor Plate Maximums
• Tower floor plates drive external
massing
• Tied to project viability
Considerations
Sample standards
• Vancouver
• Corner sites with frontages of 130 ft or more:
• Width: maximum 70 ft – 80 ft
• Floor plate: up to 5,500 sq. ft (Vancouver)
• San Diego
• Maximum floor plate (includes commercial):

Source: Vancouver West End Tower Form, Siting and Setbacks 2023 Should there be floor plate maximums? Should there be a maximum width, and/ or area?

7.A.c
Packet Pg. 310 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Floor Plate Maximums
For illustrative purposes
Smaller maximum tower floor
plates combined with
generous separation of
towers in Coal Harbor,
Vancouver

7.A.c
Packet Pg. 311 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Tower Separation + Placement
Source: City of LA – Downtown Design Guide 2009
Sample standards
• Intention to allow for
light/air between bldgs
• DTLA
• The portion of a tower
above 150 feet shall be
spaced at least 80 feet from
all existing or possible future
towers, both on the same
block and across the street.

Intention:

Allow for light & air
between buildings

7.A.c
Packet Pg. 312 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Tower Separation + Placement
620 First Ave, San Diego
Sample standards
• Long Beach / DTLA / Vancouver
• 80 foot minimum to any existing tower on
the same site or across the street
• NYC
• The required minimum distance between the
portion of a building containing dwelling units and
any other building shall vary according to the
height of such buildings and the presence
of legally required windows in
facing building walls:
• 40ft wall to wall;
• 50ft wall to window;
• 60ft window to window
Should there be requirements for tower spacing?

7.A.c
Packet Pg. 313 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Façade Design
Considerations
• High rise prominence contributes to a City’s
identity
• Visual Interest
Sample standards
• Require balconies
• Require modulation
• Require use of vertical elements, including
modulation to complement form, e.g. no more
than 15 feet without a feature (San Jose)
A residential tower with vertical modules and
articulated with cantilevering balconies. Should there be requirements for façade articulation? 1181 Cadero St, Vancouver

7.A.c
Packet Pg. 314 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Façade Design
Modulated building forms with flat facades.
461 Dean Street, Brooklyn
Residential tower renderings showing modulation and articulation using material changes, emphasizing verticality in tower.
2000 South Bell Street, Arlington, VA

7.A.c
Packet Pg. 315 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Façade Design
Modulated building forms using massing
and material variation
South Grand Ave Street, Los Angeles
A single, sculpted building module,
articulated with facade features like
screens and balconies
1568 Alberni Street, Vancouver
A residential tower with modules and articulated
with balconies
1100 S Hope Street, Los Angeles

7.A.c
Packet Pg. 316 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Podium Massing
• Podium massing can establish or continue
a street wall at pedestrian level
• Some podiums cover almost entire lots –
may be a need to break up excessively
long ground floor massing
• Allowances for open space at street level
and pathways through the site
• Podium floor plate maximums or break
requirements may be options for limiting
lot coverage
Considerations
The Dime, Brooklyn:

A four story podium provides
common open space above
and activation on the street.

Should there be standards to shape podium massing?

7.A.c
Packet Pg. 317 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Podium Massing
Standards apply specifically to the podium level
Sample standards
• Similar concept to existing streetwall
standards (e.g. Downtown Community Plan)
• Consider podium standards for above-ground parking
• Placement of tower relative to podium
San Jose – streetwall
• Create a Streetwall along a Primary
Addressing Street along at least 70% of the
property or setback line.
• Create a Streetwall along a Secondary
Addressing Street along at least 50% of the
property or setback line.

San Jose – podium level massing
• Divide Podium Level building massing facing
Public Space that creates a façade wider
than 100 feet into visibly articulated smaller
masses no wider than 80 feet using
projections and recesses, materials, shadow
relief, or other architectural elements. Source: City of San Jose – Downtown Design Guidelines and Standards 2020

7.A.c
Packet Pg. 318 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Open Space + Pathways
• Common open space is likely to occur on podiums, rooftops, or ground level • Ground floor /podium footprint maximums could help support ground floor open space and pathways
Considerations
Open space on large podium with
no pathways through large block.

South Park, Los Angeles.

Two towers, not on podium, with ground
floor common OS and pathway through
block (not public). Upper floor is penthouse,
not common OS. San Diego, CA.

Open space on large podium with
no pathways. Rooftop open space.

Vancouver, Canada.

7.A.c
Packet Pg. 319 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Solar Access
Considerations
• Time of year and time of day to protect spaces
• Maximizing sun in public spaces, especially during Winter hours
• Siting of development and massing
Sample standards
• (San Diego) The Overlay District must maintain adequate sunlight and air to designated areas of Little Italy during the winter solstice (on or about December 21) between
10:30 a.m. and 1:30 p.m. The Overlay establishes a building envelope, which applies to the whole block.
• (Sydney) Identified open spaces must retain a minimum of 3 hours of solar access, to at least 50% of the space,
between the hours of 9am and 3pm on December 21.

Source: City of San Jose – Downtown Design Guidelines and Standards 2020

7.A.c
Packet Pg. 320 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Wind
Considerations
• Maximizing ventilation for residential units
• Preserving wind flow
• Mitigating vertical wind effect, e.g. canopies or
horizontal elements
• Mitigating wind effects on public streets & spaces
• Complexity of requiring wind studies for individual
projects
Sample standards
• San Jose
• Stagger the heights and locations of tall buildings in and between blocks to avoid blocking wind flows.
• Create gaps of 15-20 feet width in Podium Level
massing in the prevailing wind direction.
• Orient the widest Skyline Level building dimension
within 30 degrees of the prevailing wind direction.

Should there be standards for tower
placement for solar and wind
performance?

7.A.c
Packet Pg. 321 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Considerations for Bergamot:

Solar / Wind Studies

7.A.c
Packet Pg. 322 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Considerations for Solar/Wind Study
• Study impacts of building placement and orientation on solar access for on-site open space and public streets & spaces
• Highlight impact of wind/breeze when buildings placed to maximize solar access
• Develop understanding of whether there are objective standards to minimize downdraft
• Identify if building placement and orientation to optimize daylight is also favorable for breeze/passive ventilation.

7.A.c
Packet Pg. 323 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Local Conditions
– Solar + Wind
• Grid pattern about
45 degrees from
NS-EW alignment
• Prevailing winds
from the SW
Figure source: Bergamot Area Plan – May 2023
Prevailing
wind from
the SW
Prevailing
wind from
the SW

7.A.c
Packet Pg. 324 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Sites for shade/shadow + wind testing
Site 3
A recent
preliminary
application in
the Bergamot
District
Site 2B
Infill site with
a south facing
open space
and through
block
circulation
Site 2A
Infill site with a
north facing
open space and
through block
circulation
Site 1
A typical site
residing at the
edge between
residential and
commercial
zones

7.A.c
Packet Pg. 325 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Shade / shadow
– Site 1
View from Northwest View from Southeast

7.A.c
Packet Pg. 326 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Shade / shadow
– Site 1
Dec 21, 3pm
June 21, 3pm
Dec 21, 10am Dec 21, noon
June 21, 9am June 21, noon

7.A.c
Packet Pg. 327 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Shade / shadow
– Site 2A & 2B
Site 2B
Site 2A
View from South View from East
View from South View from East

7.A.c
Packet Pg. 328 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Shade / shadow
– Site 2A & 2B
Dec 21, 10am Dec 21, noon Dec 21, 3pm
Dec 21, 10am Dec 21, noon Dec 21, 3pm
Site
2A
Site
2B

7.A.c
Packet Pg. 329 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Shade / shadow
– Site 2A & 2B
June 21,
3pm
June 21,
noon
June 21,
10am
Site
2A
June 21,
3pm
June 21,
noon
June 21,
10am
Site
2B

7.A.c
Packet Pg. 330 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Shade / shadow
– Site 3

7.A.c
Packet Pg. 331 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Shade / shadow
– Site 3
Dec 21, 10am Dec 21, noon Dec 21, 3pm
June 21, 10am June 21, noon June 21, 3pm

7.A.c
Packet Pg. 332 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Wind – Site 1, 2A, 2B
• Wind behavior not as consistent as solar for modelling impacts
• Depending on orientation, building massing can increase or decrease wind impact
• Bergamot grid's parallel orientation to the prevailing wind presents contrasting effects of wind
• Site 1 - Tower spacing allows wind to pass through site Towers need separation to avoid a wind tunnel
• Site 2A/B - Less wind passing through, more
deflection
Site 1
Site 2A Site 2B

7.A.c
Packet Pg. 333 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Wind
– Site 3
• Very little wind able to
pass through site
• Likely wind tunnel
effect through narrow
spaces
• Leeward side (eastern
side) potentially
turbulent with
disrupted airflow.
• Windward side downd
raught would require
mitigation Windward side
Leeward side

7.A.c
Packet Pg. 334 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and Guiding Questions
• Feedback on design standard objectives
• When should high-rise standards apply?
• Feedback on sample standards from other cities
• Should there be a maximum floor plate? Dimension? Area? • Should there be requirements for tower spacing?
• Should there be façade standards?
• Should there be tower positioning requirements for solar and or wind/ventilation performance?

7.A.c
Packet Pg. 335 Attachment: Attachment C - Presentation on Taller Residential Buildings - Approaches and 1 David Yakobson
From: Mathew Millen <[email protected]>
Sent: Monday, June 10, 2024 4:51 PM
To: councilmtgitems; Phil Brock; Christine Parra; Jesse Zwick; Gleam Davis; Caroline Torosis; Oscar de la Torre; Lana Negrete
Subject: June 11 Item 7Aa Bergamot demolition
Attachments: 7Aa.pdf

EXTERNAL
Attached are my comments regarding the demolition of the Bergamot Arts Complex to build a low income housing project LARGER THAN THE GELSON'S project.

Item 7-A
June 11, 2024
Item 7-A
June 11, 2024

7.A.j
Packet Pg. 336 Attachment: Written Comments (6370 : Housing Element Phase 2 Implementation Study Session) Item 7-A
June 11, 2024
Item 7-A
June 11, 2024

7.A.j
Packet Pg. 337 Attachment: Written Comments (6370 : Housing Element Phase 2 Implementation Study Session) Item 7-A
June 11, 2024
Item 7-A
June 11, 2024

7.A.j
Packet Pg. 338 Attachment: Written Comments (6370 : Housing Element Phase 2 Implementation Study Session) Item 7-A
June 11, 2024
Item 7-A
June 11, 2024

7.A.j
Packet Pg. 339 Attachment: Written Comments (6370 : Housing Element Phase 2 Implementation Study Session) City Council
Housing Element Phase 2 Implementation Progress Update
June 11, 2024

7.A.k
Packet Pg. 340 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Background & Purpose
Background
• Housing Element Phase 1 Implementation completed in 2023 • Deadline to implement Phase 2 by October 15, 2024
Tonight’s Study Session
• Progress Update on Phase 2 Implementation of Housing Element programs • Progress Update & Policy Questions on Key Programs
• SB330 Replacement Requirements
• Bergamot Objective Design Standards
• Adaptive Reuse Ordinance
• Discussion & Direction on 12 guiding policy questions

7.A.k
Packet Pg. 341 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Anticipated Schedule for Phase 2 Implementation
Date (2024) Zoning Topics
January 17 • Planning Commission introduction to Housing Element Phase 2 implementation January - March • Stakeholder outreach (development community, affordable housing providers, etc.) April 10 • Building & Fire Life Safety Commission (Adaptive Reuse Ordinance) May 2 • Adaptive Reuse Technical Working Group #1
May 8 • Planning Commission study session
June 5 • Adaptive Reuse Technical Working Group #2
June 11 • City Council study session for policy direction August 7 • Planning Commission recommendation
September 24 • City Council adoption

7.A.k
Packet Pg. 342 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Out of Compliance - Consequences
Immediate short-term consequences
• Re-open potential for filing of "builder's remedy" projects • Loss of funding for affordable housing
Long-term consequences
• SB35 determination based on building permits issued relative to pro-rated RHNA
• If Above Moderate RHNA not met – streamlined process for projects with at 10% affordability
• If Lower Income RHNA not met – streamlined process for projects with at least 50% affordability
• Requires ministerial approval process for housing projects that include these affordability levels
State can also seek judicial relief and impose penalties and fines Santa Monica is
subject to SB35 under
this determination

7.A.k
Packet Pg. 343 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Housing Element Programs
Progress Updates

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Packet Pg. 344 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Program 1.B
Expected Work Product:
• Revise design review findings and procedures (e.g.: # of hearings, time limits for review, ensure that design review cannot be used to deny projects, etc.).
• Clarify that design review cannot be used to reduce density or deny a housing project.
• Convert IZO to permanent ordinance for SB 35 ODS.

Current Progress: Interim SB 35 ODS adopted December 19, 2023.

Streamline The Architectural Review Process and Ensure Design Review Objectivity For Housing Projects

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Packet Pg. 345 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Program 2.B
Objective:
• Support 100% affordable housing by assisting nonprofit providers to be competitive in the land acquisition market. • Allows non-profit affordable housing providers to
receive advanced notice and submit early offer when
land goes on sale.

Expected Work Product:
• Public flyer/information materials to promote SB 1079 (2020).
• White paper on right of first offer best practices and cost/benefits of program
Right Of First Offer Ordinance For Nonprofit Affordable Housing Providers

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Packet Pg. 346 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Program 2.C (part 2)
Expected Work Product:
• Assessment of need for alternative options for AHPP
compliance
• Future in-lieu fee study
Current Progress
• SDB ordinance updated to reflect new State law AB1287, which provides for 100% density bonus for increased on-site affordable housing
• Given strong SDB incentives for on-site inclusionary, appears unnecessary to expand alternatives for off-site option, fee option, or mixed compliance option
Update The City’s Affordable Housing Production Program

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Packet Pg. 347 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Program 1.I
Expected Work Product:
• Process improvements for qualified projects (e.g.:
streamlined building permit review process).
• Define what it means to be a housing project utilizing "innovative construction methods and technology" that
qualifies for process improvements.

Current Progress:
• Plan check fees for Factory Built Housing to be reduced • Discussions on streamlined building permit process ongoing Ensure That Local Regulations Support Innovations In Construction Technology To The Extent Technically Feasible

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Packet Pg. 348 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Program 1.I
Ensure That Local Regulations Support Innovations In Construction Technology To The Extent Technically Feasible
• Factory Built Housing (FBH) – factory constructed version of residential building, unit, room, or building components
• HCD administers FBH Program – 3rd party agency approves FBH • Local agency performs site assembly and installation inspection. Prohibited from:

1. Requiring the review of any FBH plans or charge plan check fees when plans already approved by HCD or an HCD-approved third-party DAA

2. Requiring the alteration of the FBH in order to meet local code requirements other than:
• Local use zone requirements,
• Local wind pressure requirements,
• Local fire zones,
• Building setback, side and rear yard requirements, site development and property line requirements • Allowed to regulate architectural and aesthetic requirements

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Packet Pg. 349 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Program 2.I & Program 5.B
Expected Work Product: • Revise and update residential land use classifications for consistency for State law
• Reorganize land use regulation tables to differentiate between residential and privately/commercially operated residential facilities. • Update definition of “household” and Reasonable Accommodation ordinance to remove barriers to fair housing
• Pursuant to AB 101, add Low Barrier Navigation Center as a new land use classification that is permitted by-right in mixed-use and nonresidential zones that permit multiple-unit dwellings
Progress Update: • Comparison of existing residential land use classifications and requirements against recent applicable State laws
• Consultation with City Attorney’s Office regarding fair housing compliance • Consultation with Human Services staff to review compliance and facilitation of new Low Barrier Navigation Center land use
Updating Residential Land Use Classifications and
Removing Barriers to Fair Housing

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Packet Pg. 350 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Housing Element Key Programs
Progress Updates + Policy Questions

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Packet Pg. 351 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Program 3.A
Expected Work Product:
• As needed, adopt local requirements making permanent and potentially expanding upon the anti-displacement requirements of SB 330/8.

Current Progress:
• Anti-displacement requirements of SB 330/8 already written into Section

9.31.195 of the SMMC
• AB 1218 was passed by the State Legislature in 2023 to extend the SB330 unit replacement requirements to January 1, 2030
• Per discussions with HCD, no further action is necessary Restrict The Removal Of Existing Rental Units For Site Redevelopment And Require That Protected Units Are Replaced

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Packet Pg. 352 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Program 3.A
Current Progress:
• Two key questions raised about SB330’s replacement requirements that appear intended to prohibit the loss of housing units
• Options to ensure long-term affordability
• When existing rent-controlled units are demolished and were occupied by moderate or above-moderate income households
• City has option for replacement units to EITHER deed-restrict for lower income households OR return to rent-control
• Implementation of SB330/SB8’s “no net loss” requirement when no new construction is proposed
• Combining units within existing building
• Conversion of housing unit to non-housing unit
• Conversion of ADU to accessory use (e.g. home office) • Demolition of ADU without replacement
Restrict The Removal Of Existing Rental Units For Site Redevelopment And Require That Protected Units Are Replaced

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Packet Pg. 353 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Program 3.A –Policy Questions
A) SB 330 provides the option for certain replacement units to be deed restricted for low income households or rent controlled. Should the City codify a preference for replacement units to be deed restricted for low income households or rent controlled?
Recommendation: Deed-restrict for lower income households to ensure long-term, guaranteed affordability
B) SB 330 does not specify whether a net reduction in housing units (without new construction) is allowed. Should the City prohibit any project, whether new construction is proposed or not, that results in a net reduction in housing units in the city?
Recommendation: Yes but only for units that are not protected units as identified by SB330/SB8

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Packet Pg. 354 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Program 1.E
Goal
• Simplify overall standards and provide clearer user-friendly regulations with greater incentives to build housing
Expected Work Product:
• Revise BAP development standards, addressing at minimum: building modulation, ground floor uses, street frontages/ pedestrian orientation, open space, and live/work artist and commercial living situations Current Progress:
• Preliminary work sessions and concepts presented to community and technical working group (stakeholders)
• Study Sessions with the Architectural Review Board & Planning Commission Revise The Design Standards InThe Bergamot Area Plan (BAP) For Easier Understanding And To Support Housing Production

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Packet Pg. 355 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Bergamot Objective Design Standards - Background
• Planning Commission and ARB have held recent study
sessions on objective design standards focused on open
space
• Preliminary applications have been filed for taller buildings in Bergamot area that are using new provisions in State
density bonus law
• Note: any new standards will not affect the proposed projects as they are vested into standards in effect at the time of preliminary application
• Zoning Ordinance does not currently include any standards that address buildings of this scale

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Packet Pg. 356 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Bergamot Area Plan Background • Adopted September 11, 2013 • 140 acres surrounding Expo Station • Intended to guide compact, mixed-use development linked to Expo Station
• Has not resulted in intended
transformation of Bergamot area • 3 housing projects and 1 office project have been approved
• No projects have been constructed
governed by BAP standards
• 3 constructed projects were all
development agreements that pre-dated
BAP standards

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Packet Pg. 357 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Bergamot Objective Design Standards - Components
• IZO enabling objective design standards for qualifying SB35 projects adopted by Council December 6, 2023 will be carried forward • Ground floor use and design
• Street frontage/pedestrian orientation
• Building modulation based on Downtown Community Plan requirements – more flexibility in breaking up building mass
• Open Space
• Parking Design
• Unique to Bergamot
• Maximum Floor Plate
• Open Space
• Develop standards to address taller buildings

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Packet Pg. 358 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Bergamot Objective Design Standards
• Bergamot area characterized by
larger parcel sizes
• No existing open space • 3 Key Open Space Components • Total Requirement • Ground Floor Requirement • Pathways Through Large Sites

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Packet Pg. 359 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Issues With Existing Open Space Requirements
• Amount of required open space varies throughout
• Open space standards on the ground floor too prescriptive

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Packet Pg. 360 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Open Space Recommendations
• Align with Downtown Community Plan
• Amount of open space increases/decreases based on parcel size • Minimum size of open space
• Require open space on the ground floor
• Visible from street/sidewalk
• Incentivize pedestrian pathways through development sites • Incentivize open space to be located next to pedestrian pathways

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Packet Pg. 361 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Pathway Requirements through Large Sites
• Pathways may be need for other purposes – can they be made into usable open space?
• Larger parcels will likely need service and emergency access • Parcels may also be broken into multiple sites of less than 1 acre

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Packet Pg. 362 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Pathway Examples

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Packet Pg. 363 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Building Massing Standards
Existing Maximum Building Footprint Standards

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Packet Pg. 364 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Open Space Requirement – Policy Question
A) Similar to the Downtown Community Plan, should the open space requirement be based on parcel size such that open space requirements increase as a parcel gets bigger?
Yes means… No means…
• Total amount of required open space
increases if parcel is larger
• Would be larger percentage of parcel as
parcel size increases
• Same approach as in Downtown
Community Plan
• Total amount of required open space
would not be based on parcel size but
would be a fixed amount or based on
another measure (for example, number of
units)
• Same approach that is used in
commercial zones other than the
Downtown

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Packet Pg. 365 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Open Space Requirement – Policy Question
B) Should there be a minimum dimension and/or size required for a primary open space?
Yes means… No means…
• Open space is usable
• Open space is not simply a project’s
circulation space (e.g. corridors and
passthrough areas).
• There would not be a minimum required
open space size
• More likely to be relegated to minimal
areas that are left over after the building is
designed

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Packet Pg. 366 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Ground Floor Open Space – Policy Question
A) Should open space be required on the ground floor?
Yes means… No means…
• Ground floor open space would be
required in future projects.
• Ground floor open space would not be
required in future projects.

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Packet Pg. 367 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Ground Floor Open Space – Policy Question
B) If ground floor open space is required, should it be visible from or located adjacent to the street/sidewalk?
Yes means… No means…
• Ground floor open space closer to the
public street instead of being located
internal to a project
• Break up the mass of the building at the
ground level
• Open space more likely to be used by both
residents and the general public
Ground floor open space could be located
anywhere on the ground level

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Packet Pg. 368 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Pathways Through Large Sites – Policy Question
A) Should ground floor access paths that are already required for other purposes (e.g. fire access lane) count towards common space if they can be designed in a manner as to
be usable?
Yes means… No means…
• Required ground floor access paths could
count towards common space if designed
to be usable
• Example: Fire lanes that have landscape
pavers or pathways that are connected to
a common open space of a minimum
dimension/size
• Required ground floor access paths would
not count towards common space
• No incentive to design required ground
floor access paths in a way that could be
usable for pedestrians

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Packet Pg. 369 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Design Standard Objectives – High-Rise Development
Create objective standards for new residential development that considers the unique aspects of high-rise design with Bergamot context • Shadow & Wind
• Understand shadow and wind impacts on public streets and spaces • Cross Ventilation & Sunlight
• Maximize cross ventilation and sunlight opportunities in future development • Common Open Space
• Support the development of successful common open space within new development • Ground Floor Open Space & Pedestrian Pathways
• Require ground floor open space and pedestrian pathways to support pedestrian mobility and public realm improvements
• Human-scale, Pedestrian-oriented Design • Support ground floor / podium design consistent with human-scale, pedestrian-oriented design

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Packet Pg. 370 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Review of High-Rise Sample Standards
• Defining ‘high-rise’
• Tower Massing
• Sky Exposure Plane
• Height to Width Ratios
• Floor Plate Maximums
• Tower Separation & Placement
• Façade Design
• Podium Massing
• Open Space + Pathways
• Solar Access
• Wind
• Reviewed Los Angeles, San Diego, Long Beach, Vancouver, New York, San Jose
• Note: Intent to introduce different approaches from other cities – notrecommending any specificstandards at this time
• General topics reviewed:

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Packet Pg. 371 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Why/When should “high-rise” design standards apply?
City Height (ft) Height (approx.
stories)
DTLA Over 150 ft 14 stories
Long Beach Over 150 ft 14 stories
San Diego Over 125 ft 11 stories
San Jose Over 70 ft 6 stories (‘Skyline level’)
• Separate standards required due to:
• Different building typologies with different types of impacts that differ from the City’s existing low and mid-rise regulations • Prominent visibility in the City, contribute to the City’s skyline • Several cities have high rise design standards, and each establish different height when they apply
1770 Pendrell St, Vancouver

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Packet Pg. 372 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Tower Footprint
• Tower floor plates drive
external massing
• Tied to project viability • Samples from San Diego and Vancouver reviewed
Considerations
Source: Vancouver West End Tower Form, Siting and Setbacks 2023
Maximum width
of 70-80 feet

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Packet Pg. 373 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Tower Spacing
Source: City of LA –Downtown Design Guide 2009
Considerations • Intention to allow for light/air
between buildings
• Several cities have tower
spacing standards –80 feet is
common requirement
620 First Ave, San Diego

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Packet Pg. 374 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Façade Interest and Requirements
Considerations
• High rise prominence contributes to a City’s
identity
• Visual Interest
Sample standards
• Require balconies
• Require modulation
• Require use of vertical elements, including
modulation to complement form, e.g. no more than
15 feet without a feature (San Jose)
A residential tower with vertical modules and
articulated with cantilevering balconies.
1181 Cadero St, Vancouver

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Packet Pg. 375 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Façade Design
Modulated building forms with flat facades.
461 Dean Street, Brooklyn
Residential tower renderings showing modulation and articulation using material changes, emphasizing verticality in tower.
2000 South Bell Street, Arlington, VA

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Packet Pg. 376 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Façade Design
Modulated building forms using massing
and material variation
South Grand Ave Street, Los Angeles
A single, sculpted building module,
articulated with facade features like
screens and balconies
1568 Alberni Street, Vancouver
A residential tower with modules and articulated
with balconies
1100 S Hope Street, Los Angeles

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Packet Pg. 377 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Podium Footprint & Height
• Podium massing can establish or continue a
street wall at pedestrian level
• Some podiums cover almost entire lots –
may be a need to break up excessively long
ground floor massing
• Allowances for open space at street level
and pathways through the site
• Podium floor plate maximums or break
requirements may be options for limiting lot
coverage
A Podium is the ground and lower levels of a
building that provide a clearly differentiated
“base” or platform for a tower, typically used for
commercial uses or parking.

Considerations:

The Dime, Brooklyn:

A four story podium provides
common open space above
and activation on the street.

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Packet Pg. 378 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Podium Massing
Considerations
• Similar concept to existing streetwall
standards (e.g. Downtown Community Plan)
• Consider podium standards for above-ground parking
• Placement of tower relative to podium
Source: City of San Jose –Downtown Design Guidelines and Standards 2020 Sample Standard from San Jose
• Divide Podium Level building massing
facing Public Space that creates a façade wider than 100 feet into visibly articulated smaller masses no wider than 80 feet using projections and recesses, materials,
shadow relief, or other architectural
elements.

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Packet Pg. 379 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation High Rise Open Space + Pathways
• Common open space is likely to occur on podiums, rooftops, or ground level • Ground floor /podium footprint maximums could help support ground floor open space and pathways
Considerations
Open space on large podium with
no pathways through large block.

South Park, Los Angeles.

Two towers, not on podium, with ground
floor common OS and pathway through
block (not public). Upper floor is penthouse,
not common OS. San Diego, CA.

Open space on large podium with
no pathways. Rooftop open space.

Vancouver, Canada.

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Packet Pg. 380 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Sunlight, Shade and Shadow
Considerations
• Time of year and time of day to protect sunlight access for open spaces
• Maximizing sun in public spaces, especially during
Winter hours
• Siting of development and massing
Sample standards from San Diego
• The Overlay District must maintain adequate sunlight and air to designated areas of Little Italy during the winter solstice (on or about December 21) between 10:30 a.m. and 1:30 p.m.

The Overlay establishes a building envelope, which applies to the whole block.

Source: City of San Jose –Downtown Design Guidelines and Standards 2020

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Packet Pg. 381 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Wind
Considerations • Maximizing ventilation for residential units • Preserving wind flow • Mitigating vertical wind effect, e.g. canopies or horizontal elements
• Mitigating wind effects on public streets & spaces • Complexity of requiring wind studies for individual projects Sample standards from San Jose • San Jose • Stagger the heights and locations of tall buildings in and between blocks to avoid blocking wind flows.
• Create gaps of 15-20 feet width in Podium Level massing in the prevailing wind direction.
• Orient the widest Skyline Level building dimension within 30 degrees of the prevailing wind direction.

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Packet Pg. 382 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Shade/Wind Analysis for Bergamot
Analysis objectives: • Study impacts of
building placement
and orientation on
solar access for on-
site open space and
public streets &
spaces
• Highlight impact of
wind/breeze when
buildings placed to
maximize solar
access
Figure source: Bergamot Area Plan –May
2023
Prevailing
wind from
the SW
Prevailing
wind from
the SW

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Packet Pg. 383 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Scenarios Analyzed
Site 5: Four 1-acre sites

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Packet Pg. 384 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Key Findings
– Shade/Shadow
• Placing tower on east side of site maximizes
sun exposure on podium or ground floor year-
round
• Point towers with have reduced
shade/shadow impacts due to relatively short
dimensions in both directions
• Bar towers with a long dimension, e.g. over 120
feet, would cast shadows that move more
slowly, increasing impacts
• Even with large footprints, shorter podiums,
e.g.1-2 stories, have less impact on direct
neighbors – impact is more limited to the
street
• Taller podiums have larger winter impacts
b/c of large shadow area and slow-moving
shade/shadows

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Packet Pg. 385 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Wind Testing
• Wind behavior not as consistent as solar for
modelling impacts
• Depending on orientation, building massing
can increase or decrease wind impact • Site A - Tower spacing allows wind to pass through site, though close towers will need
separation to avoid a wind tunnel
• Site B - Less wind passing through, more
deflection
• Long facades facing prevailing wind benefit
from cross ventilation, but block wind from
passing through site, especially if multiple
towers are placed close together
Site A
Site B

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Packet Pg. 386 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Preliminary Recommendations – Priority Concepts
• Feedback on design standard objectives
• Height at which Taller Building Design standards apply:
- 84 feet (approx. 8 stories) or 125 feet (approx. 12 stories) - Further analysis recommended
• Tower Footprint Size: Between 10,000 – 12,000 sf
• Tower Spacing: 80 feet with possible reduction when towers offset. • Façade Standards: may not be as important for taller buildings • Podium Footprint & Height: 35,000 sf & 35 feet in height (3 stories) • Shade & Shadow: Prioritize sun exposure to streets & on-site open space - Locate towers closer to east side of site to maximize sun access on-site open space • Solar and or Wind / Ventilation: standards not recommended, may consider horizontal base

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Packet Pg. 387 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Taller Building Standards – Policy Question
Does Council agree that the following principles should be prioritized for developing Taller Building Standards?
• Minimum Height at which Taller Building Standards Apply • Maximum Tower Footprint
• Minimum Tower Spacing
• Maximum Podium Footprint & Height
• Sunlight, Shade & Shadow

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Packet Pg. 388 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Program 1.H – Overview and Progress Update
Expected Work Product:
• New Adaptive Reuse Ordinance to incentivize adaptive
reuse, including, but not limited to, revisions of certain zoning standards/requirements (e.g.: unit mix, open
space, etc).

Current Progress:
• Introductory public webinar and Technical Working
Group Sessions
• Additional public outreach and drafting of ordinance in progress based on input received thus far
Adaptive Reuse Of Existing Buildings For Permanent Residential Use

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Packet Pg. 389 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation What’s Old is New…..

Cities with adaptive reuse ordinance
City of Long Beach
City of Los Angeles
City of San Francisco
Old Bank District
200 Ocean
Clock Tower Building

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Packet Pg. 390 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Why Adaptive Reuse?
Increased housing
opportunities
Preserves historical
buildings
Addresses
commercial vacancy
Sustainable

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Packet Pg. 391 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Barriers to Adaptive Reuse
• Financial barriers including construction
costs • Residential rents may be lower than current office rents
• High repair/renovation costs to bring building up
to current code
• Expensive to buy out remaining tenants in partially
vacant building • Class A office space is valued in the City • May be more cost effective to demolish and build
at greater density • Conversion cost office to residential vs. cost of ground up construction

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Packet Pg. 392 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Barriers to Adaptive Reuse
• Technical barriers related to
architecture and building design • Access to light and air • Vertical structural elements (e.g., elevators, support columns)
• Mechanical and plumbing systems • Structural deficiencies • Potential contamination (asbestos, lead based paint, contaminated soil)

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Packet Pg. 393 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Barriers to Adaptive Reuse
• Regulatory barriers such as zoning and building codes • Processing timelines
• Must meet standard residential requirements such as unit mix, parking, open space, etc.
• Payment of impact fees
• Building code updates

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Packet Pg. 394 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation AR Pending State Legislation to Watch
• AB 2910 – Allows prohousing cities to adopt alternative building code standards for adaptive reuse
• AB 2909 - Expands economic incentives for converting
commercial buildings to housing. Specifically, the bill would make buildings that are at least 30 years old and located in commercial zones eligible for Mills Act contracts
• AB 3068 - Requires by-right adaptive reuse projects that meet specified affordability criteria. It would also exempt these projects from all impact fees not directly related to the impacts resulting from the change of use of the site. AR projects must meet labor standards.

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Packet Pg. 395 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation City’s Adaptive Reuse Strategy
Goal: Remove zoning barriers and incentivize adaptive
reuse projects for housing
• Per Housing Element Program 1.H, ordinance would encourage conversion of non-residential building to a residential use • Create by-right opportunities for new housing in the City • Zoning Ordinance revisions - Due October 31, 2024
• Building Code revisions to follow

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Packet Pg. 396 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Potential Adaptive Reuse Incentives
• Process Incentives
• Exemption from certain development standards such as:
 Inclusionary housing
 Density and FAR limits
 Setbacks
 Step backs
 Unit mix
 Daylight Plane/Transitions
 Open space
 TDM
 Vehicle and Bike Parking
 Active pedestrian design
 Streamlined By-right Process
 Waiver of impact fees
 No design review
 Allowances for building additions (e.g., increased floor area/height up to a specified threshold)

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Packet Pg. 397 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Draft AR Strategy based on PC comments
• Applicability – Allow ministerial approval of partial and full conversion to housing Citywide
• AR Project Types – Must be housing development project resulting in minimum 2 units
 CommercialtoResidential -Conversion from non-residential uses into multiple unit dwelling use  CommercialtoLive/Work -Conversion to live-work only in commercial zoning districts  Non-Multiple Dwelling Unit Building to Multiple Dwelling Units - Conversion to multiple unit dwelling use of any building in a residential zone that has never been utilized as a multiple unit dwelling use
 Any Building to 100% Lower Income - Conversion to 100% lower income affordable housing per State law
ARO Policy Question #1:

Does the Council want to restrict the conversion of hotels/motels to multiple unit dwelling use (i.e., housing) in the ARO, particularly in the Coastal Zone?

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Packet Pg. 398 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation AR – Conversion Only

1. Allow for Conversion (partial or full)

2. Addition of units/floor area within building not counted towards density or height

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Packet Pg. 399 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation AR – Conversion with Addition in Shell
Addition of units/floor
area within building

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Packet Pg. 400 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation AR
- Reallocation of Floor Area
Reallocation of floor area (e.g., lightwells) within building Rear

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Packet Pg. 401 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation AR - Reallocation of Floor Area
Proposed Allowance: Allow existing floor area to be reallocated no more than 2 stories above existing

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Packet Pg. 402 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Draft AR Strategy based on PC comments
• Incentives – Allow AR projects to include bonus floor additions that are “appropriate to scale”. Bonus floor area would be entitled to same incentives as existing building.
• Draft Proposal: 100% increase in bonus floor area but must not go above 2 stories of existing building
• TWG Comments: Should consider context in addition to scale; The bonus floor area should be incentivized more – particularly in commercial zones where SDB incentivizes new taller
buildings

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Packet Pg. 403 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Incentivizing AR – New Addition
Existing Building: 20,000 SF

2.0 FAR
New Residential
Building: 80,000 SF

4.0 FAR + Density Bonus
Example:

Parcel Size – 10,000 SF
Zoning - MUB
2 story addition
Adaptive Reuse vs. New Construction
Proposed Allowance: Additional 2 stories above existing building

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Packet Pg. 404 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Incentivizing AR – New Addition
Existing Building: 20,000 SF

2.0 FAR
New Residential
Building: 80,000 SF

4.0 FAR + Density Bonus
Example
Parcel Size – 10,000 SF
Zoning - MUB
New addition (1
story)
(100% increase in floor area
permitted)
Adaptive Reuse vs. New Construction
Proposed Allowance: Allow bonus area in rear or side to be no more than 1 story above existing

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Packet Pg. 405 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Incentivizing AR – New Addition
ARO Policy Question #2:

To support feasibility of adaptive reuse projects, should the 100% increase in bonus floor area be allowed within no more than two additional stories in order to accommodate additional housing units?

7.A.k
Packet Pg. 406 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Existing AHPP Requirements
Number of
Units
On-Site Requirement Off-Site Option
(in lieu of on-site
requirement)
2-5 units Pay the Affordable Housing Fee ($41 - $48
per sf)
_
6-19 units 15% affordable units for up to 80% AMI -
20 units or
more
15% affordable units with even distribution
across 50% AMI, 80% AMI, and Moderate
Income
20% affordable units
at 50% or 80% AMI
• Chapter 9.64 of the Santa Monica Municipal Code (SMMC) establishes the City’s inclusionary affordable housing program, Affordable Housing Production Program (AHPP)
• AR Ordinance could consider waiver or reduction of AHPP requirements or alternatively, revision of the AHPP threshold for AR projects

7.A.k
Packet Pg. 407 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Draft AR Strategy based on PC comments
• AHPP Requirements – Waive on-site requirement; no consensus on payment of in-lieu fee
ARO Policy Question #3:

To support feasibility of adaptive reuse projects, should affordable housing fees be applied to such projects? If yes, should the requirement be reduced or modified?

7.A.k
Packet Pg. 408 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Existing Development Standards
Density 4-6 units, depending on zone
Height 30 to 45 feet depending on zone
Parcel Coverage 50%
Unit Mix (≤ 50 units) Not likely applicable
Open Space, Courtyards, and Planting
Areas
• 150 sf/unit (min 60 sf/unit as private)
• For parcels with width greater than 99 ft, courtyard shall be no less than 10% of total parcel area
• 20-30% Planting areas depending on zone
Setbacks 20 ft front, 4-8 ft interior side, 15% street side, 15 ft rear Stepbacks • 5ft stepback for 25% of front facade
• 2 ft additional average beyond minimum for each side elevation • Daylight plane, starting point varies by zone
Transition Requirements to Adjoining R1 • 10 ft interior side setbacks and 20 ft for rear setbacks • Landscaped planting buffer of 5 feet
Bicycle Parking • Long Term Spaces: 1 per bedroom long term • Short Term Spaces: 10% of long term
Housing Project in Residential Zones

7.A.k
Packet Pg. 409 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Existing Development Standards
Floor Area Ratio Varies depending on zone, up to 4.0 FAR Height Varies depending on zone, up to 84 ft
Unit Mix (≤ 50 units) Min 10% 3-bedroom, Min 10% 2-bedroom, max 15% studios Open Space 100 sf/unit (min 60 sf/unit as private)
Daylight Plane Required adjacent to residential districts Stepbacks Varies depending on zone and max height:
• Citywide: 5 ft average above ground floor
• DCP: % of façade stepped back 5’.

Active Ground Floor Use
(NC districts only)
Ground floor frontage with active uses (restaurant, retail, etc) Pedestrian Oriented Design Inclusion of pedestrian-design elements (limitation on blank façade, planting areas, etc)
Bicycle Parking • Long Term Spaces: 1 per bedroom long term • Short Term Spaces: 10% of long term
Housing Project in Commercial Zones

7.A.k
Packet Pg. 410 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Draft AR Strategy
Prohibit new construction in rear/side from creating non-conforming setbacks/stepbacks
Existing Building
Min Setback

7.A.k
Packet Pg. 411 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Draft AR Strategy based on PC comments
• Development Standards – Waive all standards for existing building and the bonus floor area additions
• Can keep non-conforming but not worsen conditions

7.A.k
Packet Pg. 412 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Question – Incentivizing Open Space
Existing Building: 20,000 SF

2.0 FAR
2 story addition
Open Space
ARO Policy Question #4:

Given difficulties in creating new open space within existing buildings, should an additional floor of open space be permitted for adaptive reuse projects?

7.A.k
Packet Pg. 413 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Existing Impact Fees + AR Strategy
Development impact fees are assessed on new projects
• Imposed under the Mitigation Fee Act
• Purpose is to pay for the cost of new or additional public facilities/services that are needed to serve the projects
City has adopted the following fees:
• Transportation Impact Fee (Chapter 9.66)
• Parks and Recreation Fee (Chapter 9.67)
• Affordable Housing Commercial Linkage Fee (Chapter 9.68) • Cultural Arts Fee (Chapter 9.30)
• Childcare Linkage Fee (Chapter 9.65)
PC Direction – Waive all except Parks and Recreation Fees

7.A.k
Packet Pg. 414 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Policy Questions

7.A.k
Packet Pg. 415 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Program 3.A –Policy Questions
A) SB 330 provides the option for certain replacement units to be deed restricted for low income households or rent controlled. Should the City codify a preference for replacement units to be deed restricted for low income households or rent controlled?
Recommendation: Deed-restrict for lower income households to ensure long-term, guaranteed affordability
B) SB 330 does not specify whether a net reduction in housing units (without new construction) is allowed. Should the City prohibit any project, whether new construction is proposed or not, that results in a net reduction in housing units in the city?
Recommendation: Yes but only for units that are not protected units as identified by SB330/SB8

7.A.k
Packet Pg. 416 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Open Space Requirement – Policy Question
A) Similar to the Downtown Community Plan, should the open space requirement be based on parcel size such that open space requirements increase as a parcel gets bigger?
Yes means… No means…
• Total amount of required open space
increases if parcel is larger
• Would be larger percentage of parcel as
parcel size increases
• Same approach as in Downtown
Community Plan
• Total amount of required open space
would not be based on parcel size but
would be a fixed amount or based on
another measure (for example, number of
units)
• Same approach that is used in
commercial zones other than the
Downtown

7.A.k
Packet Pg. 417 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Open Space Requirement – Policy Question
B) Should there be a minimum dimension and/or size required for a primary open space?
Yes means… No means…
• Open space is usable
• Open space is not simply a project’s
circulation space (e.g. corridors and
passthrough areas).
• There would not be a minimum required
open space size
• More likely to be relegated to minimal
areas that are left over after the building is
designed

7.A.k
Packet Pg. 418 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Ground Floor Open Space – Policy Question
A) Should open space be required on the ground floor?
Yes means… No means…
• Ground floor open space would be
required in future projects.
• Ground floor open space would not be
required in future projects.

7.A.k
Packet Pg. 419 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Ground Floor Open Space – Policy Question
B) If ground floor open space is required, should it be visible from or located adjacent to the street/sidewalk?
Yes means… No means…
• Ground floor open space closer to the
public street instead of being located
internal to a project
• Break up the mass of the building at the
ground level
• Open space more likely to be used by both
residents and the general public
Ground floor open space could be located
anywhere on the ground level

7.A.k
Packet Pg. 420 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Pathways Through Large Sites – Policy Question
A) Should ground floor access paths that are already required for other purposes (e.g. fire access lane) count towards common space if they can be designed in a manner as to
be usable?
Yes means… No means…
• Required ground floor access paths could
count towards common space if designed
to be usable
• Example: Fire lanes that have landscape
pavers or pathways that are connected to
a common open space of a minimum
dimension/size
• Required ground floor access paths would
not count towards common space
• No incentive to design required ground
floor access paths in a way that could be
usable for pedestrians

7.A.k
Packet Pg. 421 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Taller Building Standards – Policy Question
Does Council agree that the following principles should be prioritized for developing Taller Building Standards?
• Minimum Height at which Taller Building Standards Apply • Maximum Tower Footprint
• Minimum Tower Spacing
• Maximum Podium Footprint & Height
• Sunlight, Shade & Shadow

7.A.k
Packet Pg. 422 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Draft AR Strategy based on PC comments
• Applicability – Allow ministerial approval of partial and full conversion to housing Citywide
• AR Project Types – Must be housing development project resulting in minimum 2 units
 CommercialtoResidential -Conversion from non-residential uses into multiple unit dwelling use  CommercialtoLive/Work -Conversion to live-work only in commercial zoning districts  Non-Multiple Dwelling Unit Building to Multiple Dwelling Units - Conversion to multiple unit dwelling use of any building in a residential zone that has never been utilized as a multiple unit dwelling use
 Any Building to 100% Lower Income - Conversion to 100% lower income affordable housing per State law
ARO Policy Question #1:

Does the Council want to restrict the conversion of hotels/motels to multiple unit dwelling use (i.e., housing) in the ARO, particularly in the Coastal Zone?

7.A.k
Packet Pg. 423 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Incentivizing AR – New Addition
ARO Policy Question #2:

To support feasibility of adaptive reuse projects, should the 100% increase in bonus floor area be allowed within no more than two additional stories in order to accommodate additional housing units?

7.A.k
Packet Pg. 424 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Draft AR Strategy based on PC comments
• AHPP Requirements – Waive on-site requirement; no consensus on payment of in-lieu fee
ARO Policy Question #3:

To support feasibility of adaptive reuse projects, should affordable housing fees be applied to such projects? If yes, should the requirement be reduced or modified?

7.A.k
Packet Pg. 425 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation Question – Incentivizing Open Space
Existing Building: 20,000 SF

2.0 FAR
2 story addition
Open Space
ARO Policy Question #4:

Given difficulties in creating new open space within existing buildings, should an additional floor of open space be permitted for adaptive reuse projects?

7.A.k
Packet Pg. 426 Attachment: PowerPoint Presentation (6370 : Housing Element Phase 2 Implementation City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 8.A
1 of 1
To: Mayor and City Council
From: Nikima Newsome, Interim City Clerk, Records and Election Services Department
Subject: Appointment to an unscheduled vacancy on the Transient Occupancy Tax Advisory Committee for a term ending on June 30, 2025. (Continued from 5/14/2024).

Prepared By: Xavier Mota, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Applicant List
B. Recommendation from Santa Monica Travel & Tourism

8.A
Packet Pg. 427
City of Santa Monica
Boards and Commissions Applicants
Transient Occupancy Tax Advisory
Committee
Name Application Date
Anawati, Kevin
Dlouhy, Jacob M.
05/16/2024
04/26/2024
TOTAL APPLICANTS: 2

8.A.a
Packet Pg. 428 Attachment: Applicant List (6461 : Appointment to the TOTA Committee (5 mins.) 8.A.)

8.A.b
Packet Pg. 429 Attachment: Recommendation from Santa Monica Travel & Tourism (6461 : Appointment to the TOTA Committee (5 mins.) 8.A.) City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 8.B
1 of 1
To: Mayor and City Council
From: Nikima Newsome, Interim City Clerk, Records and Election Services Department
Subject: Appointment to one unscheduled vacancy on the Human Services Commission for a term ending on June 30, 2026. (Continued from 5/28/2024) Prepared By: Xavier Mota, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Applicant List

8.B
Packet Pg. 430
City of Santa Monica
Boards and Commissions Applicants
Human Services Commission
Name Application Date
Jaffe, Mark
Koza, Maxine R.

Muntaner, Zoe
Nguyen, Krystina
01/26/2024
05/14/2024
05/14/2024
05/19/2024
Susman, Matthew B.* 12/26/2023
TOTAL APPLICANTS: 5
*Currently serves on the Disabili�es
Commission

8.B.a
Packet Pg. 431 Attachment: Applicant List (6462 : Appointment: Human Svcs. Comm. (5 mins.) 8.B.) City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 8.C
1 of 1
To: Mayor and City Council
From: Nikima Newsome, Interim City Clerk, Records and Election Services Department
Subject: 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. (Continued from 5/28/2024)
Prepared By: Xavier Mota, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Email Declining Appointment
B. Email from the Commission's liaison
C. Applicant List

8.C
Packet Pg. 432
From: Jeff Bush
To: Clerk Mailbox
Cc: Xavier Mota
Subject: Appointment to the Sustainability Commission
Date: Friday, May 17, 2024 9:07:28 AM
I was appointed at the last City Council Meeting to the Sustainability Commission. I am currently a member of the Audit Subcommittee.

I would welcome the opportunity to serve on both committees/commissions.

I have nearly three years left on my appointment to the Audit Subcommittee and I want to continue in that role.

I understand that the appointment on the Sustainability Commission was for about one month - term ending June 30, 2024.

If City Policy does not allow me to serve concurrently on both the Audit Subcommittee and the Sustainability Commission, then I will relinquish my appointment to the Sustainability Committee.

I want to continue serving on the Audit Subcommittee for the full term.

Jeff Bush

8.C.a
Packet Pg. 433 Attachment: Email Declining Appointment (6463 : Rescind and Appoint:Environment Comm. (5 mins.) 8.C.) From: Amanda Grossman
To: Xavier Mota
Subject: RE: CSEJE Appointment Scheduled 5/28
Date: Wednesday, May 29, 2024 11:52:47 AM
Attachments: image001.png
Thank you for this clarification. Is staff able to advocate for the appointment to be pushed to June 25th? I feel like we would have to on-board someone for one meeting. Then they may not get re-appointed.

Amanda Grossman (She/Her)
Sustainability Analyst
LEED Green Associate, TRUE Advisor, ENV SP
(310) 458-2201 x 2406
santamonica.gov
Facebook | Twitter | Instagram
Subscribe to Sustainable SaMo Newsletter
From: Xavier Mota <[email protected]>
Sent: Wednesday, May 29, 2024 11:46 AM
To: Amanda Grossman <[email protected]>
Subject: RE: CSEJE Appointment Scheduled 5/28
Sorry, my mistake. The appointment was pushed to the June 11th meeting. The annual appointments are scheduled for the June 25th.

If Council chooses to appoint someone on the June11th meeting, that person would have less than a month to re-apply. If Council chooses not to appoint someone on that meeting, then that appointment would be mixed in with the annual appointments.

Hope that makes sense.

From: Amanda Grossman <[email protected]> Sent: Wednesday, May 29, 2024 11:21 AM
To: Xavier Mota <[email protected]>
Subject: RE: CSEJE Appointment Scheduled 5/28

8.C.b
Packet Pg. 434 Attachment: Email from the Commission's liaison (6463 : Rescind and Appoint:Environment Comm. (5 mins.) 8.C.) Hi Xavier,
Is this the regular appointment cycle? So whoever is appointed will have the regular 4-year term.

Amanda Grossman (She/Her)
Sustainability Analyst
LEED Green Associate, TRUE Advisor, ENV SP
(310) 458-2201 x 2406
santamonica.gov
Facebook | Twitter | Instagram
Subscribe to Sustainable SaMo Newsletter
From: Xavier Mota <[email protected]>
Sent: Wednesday, May 29, 2024 11:07 AM
To: Amanda Grossman <[email protected]>
Subject: CSEJE Appointment Scheduled 5/28
Hi Amanda,
Last night, the City Council decided to push the appointment to the Commission of Sustainability, Environmental Justice and the Environment to their July 11th meeting.

I will keep you updated on the whether there is an appointment in that meeting.

Thank you.

8.C.b
Packet Pg. 435 Attachment: Email from the Commission's liaison (6463 : Rescind and Appoint:Environment Comm. (5 mins.) 8.C.) City of Santa Monica
Boards and Commissions Applicants
Commission on Sustainability,
Environmental Justice, and the
Environment
Name Application Date
Gold, Mark A.

Newbold, Gerda
Oelsen, Ashley
Walker, Olivia
05/29/2024
05/07/2024
05/22/2024
03/08/2024
TOTAL APPLICANTS: 4
*Currently serves in the Commission and re-applied for
annual reappointment.
*Currently serves in the Clean Beaches & Ocean Parcel Tax Citizens Oversight Committee.

8.C.c
Packet Pg. 436 Attachment: Applicant List (6463 : Rescind and Appoint:Environment Comm. (5 mins.) 8.C.) City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 8.D
1 of 1
To: Mayor and City Council
From: Nikima Newsome, Interim City Clerk, Records and Election Services Department
Subject: 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. (Continued from 5/28/2024) Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:

A. Written Comments

8.D
Packet Pg. 437
1 David Yakobson
From: Ann Hoover <[email protected]>
Sent: Monday, May 27, 2024 9:21 PM
To: councilmtgitems; Phil Brock; Christine Parra; Gleam Davis; Oscar de la Torre; Lana Negrete; Jesse Zwick; Caroline Torosis
Cc: David White; Douglas Sloan; Susan Cola; Matthew Wells Subject: May 28, 2024 Council Meeting - Item 16.D. - Tree Removal and Replacement Requirements - SUPPORT

EXTERNAL
Dear Mayor Brock and Esteemed Councilmembers:

I SUPPORT this item in concept and I thank you, Mayor Brock, for adding it to tomorrow night's agenda as a 16. Item.

Nearby cities like Pasadena and Los Angeles have tree ordinances that may be worth scrutinizing as Santa Monica considers a new regulation.

Thank you for understanding the importance of Santa Monica's Urban Forest and our tree canopy - it's a priceless partner in our efforts to mitigate climate change and to shade and cool our city as it densifies.

Sincerely,
Ann Bowman
Resident, 28 years
Item 16-D
May 28, 2024
Item 16-D
May 28, 2024

8.D.a
Packet Pg. 438 Attachment: Written Comments (6465 : Trees) City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 8.E
1 of 1
To: Mayor and City Council
From: Nikima Newsome, Interim City Clerk, Records and Election Services Department
Subject: 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. (Continued from 5/28/2024)
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:

A. Sidewalk Dining Fees Advocacy Letter 05.20.24

8.E
Packet Pg. 439
May 20, 2024
Mr. Phil Brock, Mayor
and Santa Monica City Council
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Re: Sidewalk Dining Fees in Downtown Santa Monica
Dear Mayor Phil Brock, Honorable Council Members, and Esteemed City Staff, The Board of Directors of Downtown Santa Monica, Inc. (DTSM, Inc.) is advocating for a reduction in outdoor dining fees in Downtown Santa Monica.

This proposed update aims to eliminate the competitive advantage that other communities currently enjoy over Santa Monica. Moreover, it underscores the city’s commitment to incentivizing investment, development, and business growth in the downtown area.

By reducing outdoor dining fees, Santa Monica can level the playing field and create a more attractive environment for businesses compared to neighboring communities. This adjustment aligns with the city's broader goals of fostering economic development and supporting the local business community.

To inform the discussion of the Board, DTSM, Inc. staff conducted a thorough fee study, comparing Santa Monica's monthly sidewalk dining rates with those of neighboring cities such as Culver City and Beverly Hills. The findings reveal a significant variance, with Santa Monica's current rates ($2.30 - $4.09 per square foot) notably surpassing those of comparable locations in Beverly Hills ($1.00 - $1.75 per square foot) and Culver City ($1.03 per square foot). Even when considering Beverly Hills' higher retail rental rates, their sidewalk dining fees remain substantially lower than Santa Monica's.

8.E.a
Packet Pg. 440 Attachment: Sidewalk Dining Fees Advocacy Letter 05.20.24 (6466 : Sidewalk Dining) Category City of Santa
Monica
City of Beverly
Hills
City of Culver
City
Sidewalk Dining Rate
per SF (Monthly)
Depends on
location & alcohol
service
$2.30 -$4.09 per SF
Depends on
location
$1.00 -$1.75 per
SF
$1.08 per SF
Sidewalk Dining Rate
Per SF (Annual)
$27.60 -$49.08 per
SF
$12.00 -$21.00
per SF
$13.00 per SF
For context, DTSM, Inc. staff calculated sidewalk dining fees using one outdoor dining model with site conditions that can be found across all three cities. The example used was a full-service restaurant with the highest sidewalk dining rates per SF that serves alcohol and occupies 210 square feet of space in the public right of way. The fee comparison breakdown has been included below.

Category City of Santa
Monica
City of Beverly Hills City of Culver City
Location Third Street
Promenade
North Rodeo Drive Culver Blvd
Sidewalk Dining
Fees per SF
(Annual)
=$858.90
$4.09 x 210 SF
=$367.50

1.75 x 210 SF
=$226.80

1.08 x 210 SF
After conducting the initial fee study, DTSM. Inc staff reached out to the City of West Hollywood Community Development Department to obtain information about their monthly sidewalk dining fees. The City of West Hollywood confirmed that businesses using sidewalk dining in the public right of way pay a monthly fee of $1 per sq. ft. ($12 per sq. ft annually), with an additional monthly fee of $1 per sq. ft. for restaurants that serve alcohol. In total, a restaurant serving alcohol that is using sidewalk space in the public right of way is paying a monthly fee of $2 per sq. ft. ($24.00 per sq. ft. annually). In comparison to Santa Monica, the City of West Hollywood’s sidewalk dining fees are less than half of what businesses on the Third Street Promenade are required to pay. 1351 Third Street Promenade, Suite 201, Santa Monica, CA I 310.393.8355 I [email protected]

8.E.a
Packet Pg. 441 Attachment: Sidewalk Dining Fees Advocacy Letter 05.20.24 (6466 : Sidewalk Dining) In addition to the fee study, DTSM, Inc. staff reached out to local brokers that have commercial listings on the Third Street Promenade. We repeatedly heard that it remains challenging to lease space on all three blocks of the Promenade, and it is especially difficult to convince restaurants to sign a lease. Moreover, the brokers who provided feedback were in support of significantly lowering or eliminating sidewalk dining fees as a way to attract restaurants to the Third Street Promenade.

After extensive consideration, the DTSM, Inc. Board proposes the following changes to the current ordinances governing outdoor dining in Downtown Santa Monica:

For Existing Businesses:
● Temporarily waive all Downtown Santa Monica outdoor dining license fees for one year.
● In Year 2, establish the sidewalk dining rate at $1 per square foot per month, with annual CPI adjustments ranging from a minimum of 3% to a maximum of 5%.

For New Businesses:
● Waive all Downtown Santa Monica outdoor dining license fees for one year from the date of establishment.
● From Year 2 onwards, set the sidewalk dining rate at $1 per square foot per month, with annual CPI increases subject to a minimum of 3% and a maximum of 5%.

It is essential to acknowledge the challenges facing our Downtown district, particularly the task of attracting new dining establishments, especially along the Third Street Promenade. Coupled with imminent increases in the minimum wage to $17.27 per hour, escalating operational expenses, and shortages in staffing, our existing businesses require additional support.

We firmly believe that implementing the proposed reduction in fees reflects a strategic approach to enhancing the appeal of Downtown Santa Monica as a destination for dining and entertainment. It also signals to prospective businesses that Santa Monica is committed to creating a favorable environment for investment and growth and ensuring the long-term prosperity of downtown 1351 Third Street Promenade, Suite 201, Santa Monica, CA I 310.393.8355 I [email protected]

8.E.a
Packet Pg. 442 Attachment: Sidewalk Dining Fees Advocacy Letter 05.20.24 (6466 : Sidewalk Dining) businesses. We express our sincere gratitude for your thoughtful consideration of these recommendations and for your support of Downtown businesses.

Sincerely,
Andrew Thomas, CEO
Downtown Santa Monica, Inc.
cc: DTSM, Inc. Board of Directors
David White, City Manager
David Martin, Community Development Director
Jennifer Taylor, Economic Development Director
Haley Favre-Smith, Business License Administrator
1351 Third Street Promenade, Suite 201, Santa Monica, CA I 310.393.8355 I [email protected]

8.E.a
Packet Pg. 443 Attachment: Sidewalk Dining Fees Advocacy Letter 05.20.24 (6466 : Sidewalk Dining) City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 10.A
1 of 6
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and Adoption of an Emergency Interim Zoning Ordinance to Remove the Minor Use Permit, Location, and Facility Requirements for Massage Establishments from the City’s Personal Service Use Standards for Specific Uses and Activities
Recommended Action
Staff recommends that the City Council:

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

Summary
Any massage establishment in the City, whether as a primary use or as an accessory use to a different primary use, requires a Minor Use Permit which is a discretionary permit reviewed at a public hearing by the City’s Zoning Administrator. In addition, massage establishments, which the Municipal Code defines as any primary or accessory massage use, may not be established or located within 500 feet of another massage establishment. These requirements prohibit, for example, two hotels that wish to provide ancillary massage services from both providing such services if located within 500 feet of one another. An independent massage technician would not be allowed to be located within 500 feet of a fitness center or beauty salon that provides incidental massage services. For massage establishments that are allowed, a lengthy

10.A
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2 of 6
discretionary permit process is required to obtain a Minor Use Permit as required by Section 9.31.230 of the Zoning Ordinance in addition to a Massage Operator’s Permit as required by Municipal Code Chapter 6.104. The operational and facility requirements for massage establishments in Section 9.31.230 are also largely duplicative of the operational and facility requirements imposed through the Massage Operator’s Permit.

To support the City’s continued economic recovery and enable additional personal service uses in Santa Monica, staff recommends removing the Minor Use Permit, location, and facility requirements to increase flexibility of these uses and remove a discretionary barrier and duplicative regulations.

Background
Massage regulations are currently contained within Santa Monica Municipal Code (SMMC) Article 6, Business, Professions and Trades, and Article 9, Planning and Zoning. SMMC Section 6.104.010 defines a massage establishment as follows:

Massage Establishment. Any business where any individual, firm, association, partnership, corporation, or combination of individuals, engages in, conducts, carries on, or permits to be engaged in or conducted, for money or any other consideration, massage or health treatments involving massages including, but not limited to, those businesses that provide massage accessory to their principal permitted use, such as aromatherapy, beauty salon, health club, beach club, skin care salon, acupuncture, chiropractic office or day spa. Unless otherwise specified in this Chapter, any reference to massage establishment shall include certified massage establishment.

By definition, any different primary use such as a fitness center or a day spa that offers ancillary massage services is still considered a massage establishment. SMMC Section

6.104.020 requires that all massage establishment operators obtain a Massage Operator’s Permit which is reviewed by the Police Department and issued by the Finance Department. SMMC Section 6.104.090 details a variety of physical and operating requirements for all massage establishment and massage technicians to ensure reasonable health and safety standards.

10.A
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3 of 6
A massage use is considered a Personal Services land use in the Zoning Ordinance and is subject to the specific use standards contained in SMMC Section 9.31.230.

These standards include limiting hours of operation between 7:00 AM – 10:00 PM, prohibiting massage establishments from being established or located within 500 feet of another massage establishment, and requiring both a Massage Operator’s Permit and a Minor Use Permit (MUP). Approval of a Minor Use Permit requires discretionary review by the City’s Zoning Administrator at a public hearing involving an overall process that can take an average of 3-4 months with an application fee of approximately $7,400. The specific use standards also include certain physical facility requirements such as lighting, ventilation, and water requirements.

Recent massage establishment applicants have had their business licenses denied due to their proximity within 500 feet of other massage establishments including those that only offer minor accessory massage services as part of a different primary use such as a fitness center. A recent applicant proposing to establish ancillary massage services within a hotel was also informed that due to the proximity of another massage establishment within 500 feet, massage services would not be permitted within the hotel even though such a use is a common hotel amenity.

The City of Santa Monica has long served as a local, regional, national, and international destination, attractive for its blend of retail, dining, services, and entertainment. The City’s economic recovery after the COVID-19 pandemic has been difficult for many segments of the economy, and Santa Monica’s commercial districts are experiencing the same uncertainty with vacancy rates that remain higher than prior to the pandemic, especially in the Downtown area.

Discussion
The proposed amendments are detailed in redline format in Attachment A and include removing the Minor Use Permit, location, and facility requirements from SMMC Section

9.31.230, Personal Service.

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Massage establishments are represented by a variety of different types of uses with massage services usually offered as an accessory use to a different primary use such as a hotel, fitness center, day spa, or medical office. A massage use is classified in the Zoning Ordinance as a General Personal Service use which, along with Physical Training and Tattoo or Body Modification Parlor uses, are sub-classifications of a Personal Services use. Similar to Council’s approval of amendments to the Zoning Ordinance in 2021 to remove the MUP requirement for Tattoo or Body Modification Parlor uses, the proposed removal of the MUP requirement for massage establishments would increase flexibility of these uses and opportunities for economic recovery by removing a public hearing requirement. Removal of the location requirement of a minimum 500 feet between massage establishments would enable additional personal service uses in Santa Monica and would not likely result in an over concentration of such uses. Further, facility requirements are already contained in SMMC Section

6.104.090 and are not necessary in SMMC Section 9.31.230. The various physical and operational regulations in Chapter 6.104 ensure that massage establishments are well regulated to prevent any illicit activities and to ensure compliance with applicable health and safety measures.

Pursuant to SMMC Section 9.31.230(A), the hours of operation for a Personal Service use, including massage uses, are limited to 7:00 AM to 10:00 PM. No changes to this limitation are currently proposed.

The proposed modifications to the Personal Service use standards would support the City’s role as a visitor destination by encouraging uses that appeal to both locals and tourists and would maintain and increase locally based, independent, small personal service uses in the City’s commercial districts. The proposed modifications would create the opportunity for additional personal service uses while maintaining appropriate health and safety measures.

This Emergency Interim Zoning Ordinance would become effective immediately upon adoption and would expire sixty days from its effective date unless it is otherwise extended pursuant to SMMC Section 9.46.090(C).

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Alternative Action
Should Council decide not to eliminate the MUP and 500-foot buffer requirements for all massage establishments, an alternative action could be to eliminate the MUP and 500- foot buffer requirements only for accessory massage establishments where businesses provide massage services accessory to a principal permitted uses such as a hotel, beauty salon, fitness center, day spa, or medical office. Many of these primary uses wouldn’t have the same distancing and MUP requirements absent the accessory massage use. This amendment would allow increased flexibility for massage services that are only considered accessory and minor to primary massage uses.

Environmental Analysis
The proposed interim ordinance is categorically exempt from the provisions of California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exemption). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed interim ordinance may have a significant effect on the environment. The proposed interim zoning regulations represent a change to the application processing requirements for a specific use that is currently permitted through the approval of a Minor Use Permit. The potential for an increase in the number of such uses that can be established will not create a significant impact on the environment, and the facilities requirements for such uses will remain elsewhere in the Municipal Code. Therefore, no further environmental review under CEQA is required.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future.

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Prepared By: Tony Kim, Principal Planner
Approved Forwarded to Council
Attachments:

A. Proposed Redline Amendments - SMMC 9.31.230
B. EIZO Amending Section 9.31.230
C. Written Comments
D. PowerPoint Presentation

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Packet Pg. 449

EMERGENCY INTERIM ZONING ORDINANCE

PROPOSED REDLINE AMENDMENTS

1. SMMC Section 9.31.230 shall be amended to read as follows:

9.31.230 Personal Service.

The following Personal Services shall be located, developed, and operated in compliance with the following standards:

A. Hours of Operation. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. unless otherwise specified.

B. Massage Establishments. Massage establishments, including massage establishments conducted as Accessory Uses, are subject to the requirements listed above, Municipal Code Chapter 6.104, Massage Regulations, and the following standards.

1. Permits Required. A Minor Use Permit pursuant to Chapter 9.41, Minor Use Permits & Conditional Use Permits, and a Massage Service Permit pursuant to Chapter 6.104 of the Municipal Code areis required.

2. Location. No such business shall be established or located within 500 feet from any other Massage Establishment.

3. Facility Requirements. Every massage establishment shall maintain facilities meeting the following requirements:
a. Minimum lighting shall be provided in accordance with the National Electrical Code, and, in addition, at least one artificial light of not less than forty watts shall be provided in each room or enclosure where massage services are performed on patrons.
b. Minimum ventilation shall be provided in accordance with the Uniform Building Code.
c. Hot and cold running water shall be provided at all times. d. Closed cabinets shall be provided for storage of clean linens. e. Adequate dressing, locker, and toilet facilities shall be provided for patrons.
f. A minimum of one wash basin for employees shall be provided at all times. The basin shall be located within or as closed as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin.

42. Accessory Uses. A massage establishment which functions as an accessory use shall also comply with all requirements for the primary use.

C. Tattoo or Body Modification Parlor.

1. Purpose and Intent. It is the purpose and intent of this Section to regulate the operation of facilities that perform tattooing and body modification to provide for the health, safety and welfare of the public and ensure compliance with California Health and Safety Code Section 119300 et seq.

2. Registration Required. Any person who is engaged in the business of tattooing or body modification shall provide evidence of registration with the Los Angeles County Department of Health and City code.

3. No Persons Under 18. A sign shall be posted on the door or in view of the entrance stating that no person under the age of 18 is allowed on site, unless accompanied by their parent or legal guardian.

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Packet Pg. 450 Attachment: Proposed Redline Amendments - SMMC 9.31.230 (6362 : Emergency Interim Zoning Ordinance for Massage Establishments) 1 City Council Meeting: June 11, 2024 Santa Monica, California EMERGENCY INTERIM ZONING ORDINANCE NUMBER _________ (CCS) (City Council Series)

AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.31.230 TO REMOVE THE MINOR USE PERMIT, LOCATION, AND

FACILITY REQUIREMENTS FOR MASSAGE ESTABLISHMENTS FROM THE

PERSONAL SERVICE USE STANDARDS FOR SPECIFIC USES AND ACTIVITIES WHEREAS, Santa Monica Municipal Code (SMMC) Section 6.104.010 defines a massage establishment as a business where any individual, firm, association, partnership, corporation, or combination of individuals, engages in, conducts, carries on, or permits to be engaged in or conducted, for money or other consideration, massage or health treatments involving massages; and
WHEREAS, SMMC 6.104.010’s broad definition of massage establishment includes those businesses that provide massage accessory to their principal use, such as aromatherapists, beauty salons, health clubs, beach clubs, skin care salons, acupuncturists, chiropractic offices, and day spas; and WHEREAS, Section 6.104.020 requires that all massage establishments obtain a Massage Operator Permit, which is reviewed by the Police Department and issued by the City’s Finance Department; and
WHEREAS, Section 6.104.090 also details a variety of physical and operating requirements for all massage establishments and massage technicians to ensure reasonable health and safety standards; and
WHEREAS, a massage use is considered a “Personal Services” land use and is subject to specific use standards contained in SMMC Section 9.31.230; and

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Packet Pg. 451 Attachment: EIZO Amending Section 9.31.230 [Revision 4] (6362 : Emergency Interim Zoning Ordinance for Massage Establishments) 2 WHEREAS, these standards include limiting hours of operation between 7:00 AM and 10:00 PM, prohibiting massage establishments from being established or located within 500 feet of another massage establishment, and requiring both a Massage Operator’s Permit and a Minor Use Permit (MUP); and
WHEREAS, approval of a MUP requires discretionary review by the City’s Zoning Administrator at a public hearing involving an overall process that can take an average of 3 to 4 months with an application fee of approximately $7,400; and WHEREAS, recent massage establishment applicants have had their business licenses denied due to their proximity within 500 feet of other massage establishments, including those that only offer minor accessory massage services as a part of a different primary use, such as a fitness center; and
WHEREAS, recent applicants proposing to establish ancillary massage services within hotels have also been informed that due to the proximity of another massage establishment with 500 feet, massage services would not be permitted within the hotel even though such a use is a common hotel amenity; and
WHEREAS, the City of Santa Monica has long served as a local, regional, national, and international destination, attractive for its blend of retail, dining, services, and entertainment; and
WHEREAS, on March 13, 2020, the City Manager, as the Director of Emergency Services (“Director of Emergency Services”), proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and effectuate the City’s response to the novel coronavirus

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Packet Pg. 452 Attachment: EIZO Amending Section 9.31.230 [Revision 4] (6362 : Emergency Interim Zoning Ordinance for Massage Establishments) 3 (“COVID-19”), and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”)’ and
WHEREAS, on March 16, 2020, the Director of Emergency Services issued a Third Supplement to the Executive Order, requiring the closure of a wide range of businesses including bars, nightclubs, on-premises restaurant service, movie theatres, live performance venues, gyms, fitness centers, spas, hair salons, nail salons, and massage parlors; and
WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its earlier March 16, 2020 Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHERAS, after March 19, 2020, the Los Angeles Department of Public Health, on multiple occasions, amended and modified its Health Officer Order, recognizing the issues posed by community transmission of COVID-19 in Los Angeles County, and, in response, maintaining public health measures that have, at differing times, included strict limitations on public gatherings, required closures of certain businesses, and strict limitations and protocols for the operations of businesses permitted to remain open; and

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Packet Pg. 453 Attachment: EIZO Amending Section 9.31.230 [Revision 4] (6362 : Emergency Interim Zoning Ordinance for Massage Establishments) 4 WHEREAS, as of March 31, 2023, the local, state, and federal COVID-19 emergency declarations have concluded; and
WHEREAS, although the emergency orders have been lifted, the economic impacts of the COVID-19 closures of, and limitations on, businesses have been and continue to be devastating to the local Santa Monica economy; and various locations are continuing to experience economic uncertainty; and
WHEREAS, as the commercial and economic landscape evolves, the City’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of unique dining, retail, entertainment, and business uses; and WHEREAS, the City has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, the City’s economic recovery after the COVID-19 pandemic has been difficult for many segments of the economy, and Santa Monica’s commercial districts are experiencing vacancy rates that remain higher than prior to the pandemic, especially in the Downtown area; and
WHEREAS, allowing eligible businesses the flexibility to engage in a variety of uses will facilitate business recovery and generate increased sales tax revenue for the City; and
WHEREAS, the Council, staff, and community stakeholders continue to be concerned about the health and vitality of Santa Monica’s commercial districts; and

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Packet Pg. 454 Attachment: EIZO Amending Section 9.31.230 [Revision 4] (6362 : Emergency Interim Zoning Ordinance for Massage Establishments) 5 WHEREAS, massage establishments are represented by a variety of different types of uses with massage services usually offered as an accessory use to a different primary use such as a hotel, fitness center, day spa, or medical office; and WHEREAS, the proposed amendments in this Emergency Interim Zoning Ordinance include removing the MUP, location, and facility requirements from SMMC Section 9.31.230, Personal Service; and
WHEREAS, a massage use is classified in the Zoning Ordinance as a General Personal Service use which, along with Physical Training and Tattoo or Body Modification Parlor uses, are sub-classifications of a Personal Services use; and WHEREAS, similar to Council’s approval of amendments to the Zoning Ordinance in 2021 to remove the MUP requirement for Tattoo or Body Modification Parlor uses, the proposed removal of the MUP requirement for massage establishments would increase flexibility of these uses and opportunities for economic recovery by removing a public hearing requirement; and
WHEREAS, removal of the location requirement of a minimum 500 feet between massage establishments would enable additional personal service uses in Santa Monica and would not likely result in an over concentration of such uses; and WHEREAS, the facility requirements are already contained in SMMC Section

6.104.090 and are not necessary in SMMC Section 9.31.230; and WHEREAS, the various physical and operational regulations in Chapter 6.104 ensure that massage establishments are well regulated to prevent any illicit activities and to ensure compliance with applicable health and safety measures; and

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Packet Pg. 455 Attachment: EIZO Amending Section 9.31.230 [Revision 4] (6362 : Emergency Interim Zoning Ordinance for Massage Establishments) 6 WHEREAS, the proposed modifications to the Personal Service use standards would support the City’s role as a visitor destination by encouraging uses that appeal to both locals and tourists and would maintain and increase locally based, independent, small personal service uses in the City’s commercial districts; and WHEREAS, the proposed modifications would create the opportunity for additional personal service uses while maintaining appropriate health and safety measures; and WHEREAS, the proposed amendments in the interim zoning ordinance support local business retention and promote new business opportunities in the City, addressing the needs of the business community and residents, and supporting small businesses by clarifying and simplifying land use requirements; and
WHEREAS, the City Council finds and declares that a current and immediate threat to the public health, safety, and general welfare exists due to the devastating impact the COVID-19-mandated closures and limitations have had on the local economy, such that continuing to impose the distance and MUP requirements, which are required in order to comply with the current regulations, would result in a threat to public health, safety, and welfare.

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

SECTION 1. Santa Monica Municipal Code Section 9.31.230 is hereby amended to read as follows:
§ 9.31.230 Personal Service
The following Personal Services shall be located, developed, and operated in compliance with the following standards:

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Packet Pg. 456 Attachment: EIZO Amending Section 9.31.230 [Revision 4] (6362 : Emergency Interim Zoning Ordinance for Massage Establishments) 7 A. Hours of Operation. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. unless otherwise specified.

2. Location. No such business shall be established or located within 500 feet from any other Massage Establishment.

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Packet Pg. 457 Attachment: EIZO Amending Section 9.31.230 [Revision 4] (6362 : Emergency Interim Zoning Ordinance for Massage Establishments) 8 f. A minimum of one wash basin for employees shall be provided at all times. The basin shall be located within or as closed as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin.

2.4. Accessory Uses. A massage establishment which functions as an accessory use shall also comply with all requirements for the primary use.

C. Tattoo or Body Modification Parlor.

SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any

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Packet Pg. 458 Attachment: EIZO Amending Section 9.31.230 [Revision 4] (6362 : Emergency Interim Zoning Ordinance for Massage Establishments) 9 court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective immediately upon adoption. Pursuant to Sections 615 and 619 of the City Charter, and Section 9.46.090 of the Municipal Code, for the reasons stated in the recitals above, the staff report accompanying this ordinance, oral and written testimony received by the City Council, and City Council discussion, the City Council declares this ordinance to be necessary as an emergency measure for preserving the public peace, health, and safety, with the result that this ordinance shall be introduced and adopted at the same meeting and shall become effective immediately upon its adoption.

SECTION 5. This Ordinance shall be of no further force and effect sixty days from its effective date, unless it is otherwise extended pursuant to Santa Monica Municipal Code Section 9.46.090(C).

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

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Packet Pg. 459 Attachment: EIZO Amending Section 9.31.230 [Revision 4] (6362 : Emergency Interim Zoning Ordinance for Massage Establishments) 1 David Yakobson
From: Alex Brown <[email protected]>
Sent: Tuesday, June 11, 2024 9:40 AM
To: councilmtgitems; Caroline Torosis; Jesse Zwick; Christine Parra; Phil Brock; Oscar de la Torre; Gleam Davis; Lana Negrete
Cc: David White; David Martin; Tony Kim; Judy Kruger
Subject: Letter of Support - June 11, Agenda Item 10.A, Remove Unnecessary and Duplicative Requirements for Massage Establishments
Attachments: LOS City Council Massage Est. 10 A.pdf

EXTERNAL
Hello Mayor Brock and City Council Members,
Please see attached for our Letter of Support on today's (June 11) Agenda Item 10.A Thank you,
Alex Brown
Item 10-A
June 11, 2024
Item 10-A
June 11, 2024

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Packet Pg. 460 Attachment: Written Comments (6362 : Emergency Interim Zoning Ordinance for Massage Establishments) Board Continued
Kathy Irby
Commercial Bank of
California
Jeff Jarow
Par Commercial
Paula Larmore
Harding, Larmore,
Kutcher & Kozal LLP
Charlie LopezQuintana
ETC Hotels
Pam O’Connor
Consultant
Janet Rimicci
UCLA Health
Eddie Guerboian
Jeweler
Neil Carrey
Attorney
Jose Aalvarado
Cruise
Jeremy Rawitch
RAND
Fred Hulls
Quantgene
Heather Gift
Activision
Elnie Vannatim
Cedars Sinai
Addie VanGessel
Tavern on Main
Gina Gribow
EKA Public Affairs
Jessica Rincon
Le Merigot Hotel
Vee Gomez
Beach Yoga SoCal
Dave Rand
Rand, Pastor, Nelson,
LLP
Board Executives
Chair
Younes Atallah
Regent Santa Monica
Beach
Past Chair
Greg Morena
The Albright
Treasurer
Len Lanzi
Stubbs Alderton &
Markiles, LLP
Vice-Chair
Michael Ricks
Providence Saint
John’s Health
Vice-Chair
Julia Ladd
Macerich/Santa
Monica Place
Vice-Chair
Dustin Peterson
Fairmont Miramar
Hotel & Bungalows
Vice-Chair
Jasson Crockett
SNAP Inc.

Vice-Chair
Celia Fisher
Beach Moms
Vice-Chair
Dr. Kathryn Jeffery
Santa Monica College
Board Members
Craig Babington
Morley Builders
Andrew Barrett-Weiss
Good RX
Dom Bei
SM Firefighters
Rudy Flores
SM Police Officers
Jeffrey Fritz
Coldwell Banker
June 10, 2023
City Council
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Re: June 11, Agenda Item 10.A, Remove Unnecessary and Duplicative Requirements for Massage Establishments - SUPPORT
Dear Mayor Brock and City Councilmembers,
On behalf of the Santa Monica Chamber of Commerce, I am writing in support of City Staff’s recommendation to simplify and streamline the process for opening establishments providing massage services, including those that are accessory uses within hotels or fitness centers.

As outlined thoroughly in the Staff Report, the current requirement for a Minor Use Permit and 500-foot distance limit between facilities providing massage services add time, expense and uncertainty for these businesses. These existing restrictions are outdated, duplicative of some of the massage operator’s permit requirements, and are unnecessary, especially when the massage services are an accessory use within another use such as a fitness center or hotel.

The years following the pandemic have created a hardship for many in our community and our Santa Monica businesses have continued to experience economic uncertainty. As Staff notes, vacancy rates remain higher than prior to the pandemic and unnecessary restrictions on businesses contributes to the closing of existing, and deterrence of new, businesses. The proposed changes will reduce barriers to entry – cost, time and uncertainty – and continue the City’s positive work to support businesses and bring more activity to our commercial districts.

The Chamber appreciates City Staff’s thoughtful recommendation to remove unnecessary barriers for businesses to open in Santa Monica and respectfully requests that the City Council adopt the proposed Emergency Interim Ordinance.

Respectfully,
Item 10-A
June 11, 2024
Item 10-A
June 11, 2024

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Packet Pg. 461 Attachment: Written Comments (6362 : Emergency Interim Zoning Ordinance for Massage Establishments) 1 David Yakobson
From: Peter Borresen <[email protected]>
Sent: Tuesday, June 11, 2024 7:59 AM
To: councilmtgitems
Subject: June 11. Item 10A. Public Comment.

EXTERNAL
Send Item 10A back to staff for further consideration. As currently written it could lead to blighting of the city.

Our city staff seem to want Santa Monica to be ever more trashy and financially struggling, rather than classy and financially sound.

Thanks to a well-deserved reputation for crime and rampant shoplifting, Santa Monica is failing as a tourist destination, and many stores on Third Street are empty. (REI leaving 4th Street broke my heart.) Landlords are bleeding cash and are desperate for anyone willing to rent their spaces. It seems like the only tenants they can get now are tattoo parlors, massage parlors and cannabis stores.

Century City Mall is bursting with high end stores and paying customers. Why? It is not because it has massage parlors or pot-stores. It is because they get the basics right. A safe, clean place where stores are not being killed by shoplifting.

Our council must not give in to the short-sighted lobbying of struggling landlords, and fatally cheapening our city. It is safe streets and less shoplifting that will ultimately lead to higher rents and better retail tenants. Other cities are thriving. But by not taking a long-term view, by giving in to misguided businesses and not fixing the basics, our city is destined to spiral into tawdry cheapness and despair.

A race to the bottom in retail is like an alcoholic begging for one last drink before promising to dry out.

It just ends up making things worse. I seriously predict that strip clubs and massage parlors will open on Third Street before long.

Peter Borresen,
Santa Monica
Item 10-A
June 11, 2024
Item 10-A
June 11, 2024

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Packet Pg. 462 Attachment: Written Comments (6362 : Emergency Interim Zoning Ordinance for Massage Establishments) City Council
Item 10.A
June 11, 2024

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Packet Pg. 463 Attachment: PowerPoint Presentation (6362 : Emergency Interim Zoning Ordinance for Recommended Action
• Introduce and adopt an Emergency Interim Zoning Ordinance amending the text of the Zoning Ordinance to remove the Minor Use Permit, location, and facility requirements for massage establishments from the Personal Service use standards for specific uses and activities contained in Santa Monica Municipal Code Section 9.31.230
• Adopt a finding of Categorical Exemption pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines
City Council | 06.11.24 | Item 10.A

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Packet Pg. 464 Attachment: PowerPoint Presentation (6362 : Emergency Interim Zoning Ordinance for Background
SMMC Chapter 6.104 (Massage Regulations)
• Definition of Massage Establishment includes both primary AND ancillary massage services
• All massage establishment operators require a Massage Operator’s Permit
• Includes a variety of physical and operating requirements for all massage establishments to ensure reasonable health and safety standards
City Council | 06.11.24 | Item 10.A

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Packet Pg. 465 Attachment: PowerPoint Presentation (6362 : Emergency Interim Zoning Ordinance for Background
SMMC Section 9.31.230 (Massage Zoning Requirements)
• Massage establishments considered Personal Services land use • Variety of operational requirements that largely duplicate Massage Regulations ordinance
• Hours of operation limited to 7:00 AM – 10:00 PM
• Approval of Minor Use Permit (MUP) required
• Public hearing process
• $7,400 application fee
• Prohibited from being established or located within 500 feet of another massage establishment
City Council | 06.11.24 | Item 10.A

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Packet Pg. 466 Attachment: PowerPoint Presentation (6362 : Emergency Interim Zoning Ordinance for Background
• Recent massage establishment applicants have had business licenses denied
• Proximity to other massage establishments
• Including minor accessory massage uses that are ancillary to different primary uses such as hotels and fitness centers
• Other recent applicants are awaiting Zoning Administrator hearings for MUP review and approval
• City’s economic recovery after the COVID-19 pandemic is ongoing City Council | 06.11.24 | Item 10.A

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Packet Pg. 467 Attachment: PowerPoint Presentation (6362 : Emergency Interim Zoning Ordinance for Proposed Ordinance
SMMC Section 9.31.230
• Removes MUP (public hearing) requirement for massage
establishments
• Similar to Council’s 2021 removal of MUP requirement for Tattoo Parlors • Removes 500’ minimum distance requirement between establishments • Removes facility requirements
• Already contained in SMMC Chapter 6.104
• Maintains 7:00 AM – 10:00 PM hours of operation limit City Council | 06.11.24 | Item 10.A

10.A.d
Packet Pg. 468 Attachment: PowerPoint Presentation (6362 : Emergency Interim Zoning Ordinance for Proposed Ordinance
• Supports City’s role as visitor destination
• Increases locally-based, independent, small personal services uses • Creates opportunity for additional personal service uses while maintaining appropriate health and safety measures
• EIZO becomes effective immediately upon adoption
• Expires in 60 days unless extended
City Council | 06.11.24 | Item 10.A

10.A.d
Packet Pg. 469 Attachment: PowerPoint Presentation (6362 : Emergency Interim Zoning Ordinance for Recommended Action
• Introduce and adopt an Emergency Interim Zoning Ordinance amending the text of the Zoning Ordinance to remove the Minor Use Permit, location, and facility requirements for massage establishments from the Personal Service use standards for specific uses and activities contained in Santa Monica Municipal Code Section 9.31.230
• Adopt a finding of Categorical Exemption pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines
City Council | 06.11.24 | Item 10.A

10.A.d
Packet Pg. 470 Attachment: PowerPoint Presentation (6362 : Emergency Interim Zoning Ordinance for City Council
Item 10.A
June 11, 2024

10.A.d
Packet Pg. 471 Attachment: PowerPoint Presentation (6362 : Emergency Interim Zoning Ordinance for Proposed Ordinance
City Council | 06.11.24 | Item 10.A

9.31.230 Personal Service.

The following Personal Services shall be located, developed, and operated in compliance with the following standards:

A. Hours of Operation. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. unless otherwise specified.

2. Location. No such business shall be established or located within 500 feet from any other Massage Establishment.

3. Facility Requirements. Every massage establishment shall maintain facilities meeting the following requirements:
a. Minimum lighting shall be provided in accordance with the National Electrical Code, and, in addition, at least one artificial light of not less than forty watts shall be provided in each room or enclosure where massage services are performed on patrons. b. Minimum ventilation shall be provided in accordance with the Uniform Building Code. c. Hot and cold running water shall be provided at all times. d. Closed cabinets shall be provided for storage of clean linens. e. Adequate dressing, locker, and toilet facilities shall be provided for patrons. f. A minimum of one wash basin for employees shall be provided at all times. The basin shall be located within or as closed as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin.

42. Accessory Uses. A massage establishment which functions as an accessory use shall also comply with all requirements for the primary use.

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Packet Pg. 472 Attachment: PowerPoint Presentation (6362 : Emergency Interim Zoning Ordinance for City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 10.B
1 of 9
To: Mayor and City Council
From: Anuj Gupta, Director of Transportation, Mobility (DOT) Subject: Introduce for First Reading an Ordinance Amending Santa Monica Municipal Code Chapter 9.53 to Align the City’s Transportation Demand Management Ordinance with South Coast Air Quality Management District’s (AQMD) Rule 2202 and Adopt a Resolution Approving Amendments to the Related Memorandum of Understanding with AQMD
Recommended Action
Staff recommends that the City Council:

3. Adopt a resolution approving amendments to the related Memorandum of Understanding with the South Coast Air Quality Management District.

Executive Summary
The Santa Monica Department of Transportation’s Mobility Division regulates employers per a Memorandum of Understanding (MOU) with the South Coast Air Quality Management District (AQMD), the regional air pollution control agency with jurisdiction over Santa Monica and the greater Los Angeles area. In 1987, AQMD adopted regulations—now known as Rule 2202—to reduce pollution generated from employee commute trips and comply with federal and state Clean Air Act requirements. Santa Monica Municipal Code (SMMC) Chapter 9.53, Transportation Demand Management (TDM), was subsequently adopted by the City Council in 1991 to further realize air quality improvements at the local level. Santa Monica shared AQMD’s goal of reducing

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emissions; however, a regulation that was limited to employers of 250 or more employees had limited applicability given the size of Santa Monica’s business community at that time. To that end, the City entered into a MOU with AQMD that provided the City the authority to establish an emission reduction program for employers with 10 or more employees, yielding greater emissions reductions and congestion mitigation.

With the implementation of the Land Use and Circulation Element (LUCE) in 2015 and the completion of Metro’s E (Expo) Line extension to Santa Monica in 2016, the City amended its TDM ordinance by expanding the applicability of employers subject to the survey requirements, adding TDM requirements for new residential and non-residential developments, and increasing trip reduction targets for employers and developers citywide. Simultaneously, the City created a Transportation Management Organization (TMO) to serve as a resource for residents, employees, and visitors and help employers and developers reach the City’s updated trip reduction targets.

SMMC Chapter 9.53 differs from Rule 2202 in that it includes both developer and employer-based regulations, and with the lower employee count threshold, the City’s current TDM ordinance has a bifurcated approach to employer trip reduction regulation.

Employers with 10-29 employees are required to submit an annual Worksite Transportation Plan (WTP), while employers with 30 or more employees are required to submit a more robust annual Emission Reduction Plan (ERP). The primary difference between the two is that an ERP includes an annual employee survey which captures information about how employees commute to/from work during peak AM and PM travel windows during a standard 5-day work week, as well as a detailed plan for reducing commute-related emissions.

In 2020, with the significant staffing reductions in the City, Council adopted a moratorium on all WTP submissions, as well as ERPs for employers with 30-49 employees from September 20, 2020 through September 24, 2024. Staff recommends addressing the upcoming expiration of the moratorium by permanently eliminating the WTP requirement for employers with 10-29 employees and reinstating the ERP for

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employers with 30-49 employees. Additionally, to ease the burden on regulated employers, staff recommends reducing the minimum ERP survey response rate from the current 75% of employees to 60%. The proposed change is based on feedback staff has received and aims to support employers’ and the business community’s ability to successfully complete and comply with the ERP requirements.

AQMD recently amended Rule 2202 to account for changes associated with employee commuting behaviors, such as the increase in teleworking, and to capture additional data on employee commute activity which will be analyzed to inform a potential future rule amendment. Given the amendments to Rule 2202, the City must update SMMC Chapter 9.53 to reflect those amendments and enter into an updated MOU with AQMD.

Background
Transportation Demand Management is the implementation of strategies that will encourage individuals to change their mode of travel to other than a single occupancy vehicle, reduce trip length, eliminate the trip altogether, or shift trips outside of peak travel windows. Vehicle transportation is the greatest contributor to Santa Monica’s carbon emissions, accounting for 69 percent of emissions in 2022. Between 2019 and 2020, emissions plummeted, largely due to restricted mobility and economic activity resulting from the COVID-19 pandemic. Overall transportation emissions in 2022 were 19 percent lower than in 2019. In order to reduce emissions enough to meet the City of Santa Monica’s goals, broader programmatic efforts focused on mode shifting and transportation behaviors are necessary.

Santa Monica established its TDM ordinance in 1991, with the goals of proactively reducing congestion, reducing automobile dependence, improving air quality, and enhancing transportation choices. The TDM ordinance is modeled closely after AQMD’s Rule 2202, albeit stricter because the City currently regulates employers with 10 or more employees. In 2016, with the completion of the Metro E line extension into the City, Santa Monica amended its TDM Ordinance by expanding the requirements of the Emission Reduction Plan to worksites of 30 employees or more and increasing Average Vehicle Ridership (AVR) targets citywide.

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AVR is the ratio of the number of employees and the number of motor vehicles that report to the worksite. AVR targets currently apply to non-residential projects and the non-residential components of mixed-use projects. Areas of the City that are closer to high quality public transit have higher AVR targets (e.g. 2.0 or 2.2, representing the average number of people per vehicle arriving at the worksite), with the goal of reducing trips by single occupancy vehicles and increasing the use of active, shared, and public transportation modes to commute.

SMMC Chapter 9.53 requires employers with 30 or more employees to submit an annual ERP. The ERP requires an employer to survey employees about how they arrived to and departed from work over a 5-day period, calculate the AVR and reach a designated target AVR based on worksite location. Employers completing an ERP that do not reach their AVR target either create a plan describing how over the course of the next year they will reduce the number of drive alone trips to the worksite or purchase mobile source emission reduction credits (MSERCs) from a verified vendor to offset the emissions created by employee commutes.

Table 2: Past Council Actions
Meeting Date Description
August 13, 1991
(Attachment D)
Recommendation to Approve the Proposed Transportation
Management Plan (TMP)
June 5, 2013
(Attachment E)
Zoning Ordinance Update: Transportation Demand
Management
April 14, 2015
(Attachment F)
Study Session on the Draft Zoning Ordinance, Proposed Land Use and Circulation Element Amendments, Draft Official
Districting Map, and Draft LUCE Land Use Designation Map Amendments
July 28, 2020
(Attachment G)
Introduction and first reading of an ordinance amending Transportation Demand Management, Preferential Parking, Pedicabs and Bikeshare

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Discussion
South Coast Air Quality Management District Alignment
Per the MOU with AQMD, the City is required to align with AQMD’s rules and regulations. In August 2023, AQMD updated Rule 2202 to require employers to collect and report on additional data on employee commute activity which will be analyzed to inform potential future rule amendments. Effective September 1, 2024, AQMD-regulated employers will be required to provide details on telecommute activity, Vehicle Miles Traveled (VMT), and business type/classifications. VMT provides accurate information about the distance a motorist of a personal vehicle travels to/from the worksite, and highlights barriers and challenges for behavioral change and mode shift. AVR provides general guidelines of target people per vehicle through land use and public transportation access. Both metrics strengthen the ERP submissions and the City’s TDM program more broadly because by focusing on both physical infrastructure and behavioral changes, staff can take actionable steps to ensure effectiveness of ERP strategies. The City’s current minimum ERP survey response rate (75%) is more stringent than AQMD’s (60%). To align with AQMD and address concerns from employers, staff is proposing to reduce the City’s minimum ERP survey response rate from 75% to 60%. The City wants to ensure that it remains business-friendly while advancing the City’s Climate Action and Adaptation Plan (CAAP), which details an ambitious but essential goal to reduce greenhouse gas emissions by 80 percent below 1990 levels by 2030. SMMC Chapter 9.53 primarily focuses on reducing emissions by vehicle transportation and promoting multimodal transportation options.

Adjustment of Employer Thresholds
To benefit small businesses and gather the most comprehensive data via ERP surveys, staff recommends eliminating Worksite Transportation Plans, which have been on moratorium since September 2020. City staff and the GoSaMo Transportation Management Organization (TMO) will continue to make available technical assistance, stakeholder engagement and transportation resources to all Santa Monica businesses, employers, employees, residents, and visitors.

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Staff recommends returning to the pre-moratorium threshold regulating employers with 30 or more employees via the ERP requirement. At this level, staff will have a greater impact on mode shifting and more opportunities to engage on cleaner transportation options for commuting, with the goals of reducing Greenhouse Gas Emissions (GHGs) and mitigating congestion. Based on City records, there would be an estimated total of 300-385 businesses, representing up to 43,000 estimated employees, subject to the TDM ordinance at the 30 employees or more threshold. These estimates include businesses currently in compliance with the TDM ordinance, businesses that have recently exceeded the threshold of 50 or more employees, and businesses with 30 or more employees that would once again be subject to regulation.

Below is a table that summarizes the proposed changes to SMMC Chapter 9.53:

Table 3: Existing & Proposed Regulations
Pre-2020 Regulation Purpose Status Proposed Regulation
SMMC Section 9.53.040
– AVR Targets, Average
Vehicle Ridership (AVR)
is the metric in which
ERP survey results are
measured.

Provides
information
about the
number and
type of
employee
commute trips
to/from a
worksite.

Currently using
AVR as the
evaluating
metric. AQMD
has added
VMT to the
commute
survey.

Add the collection of
Vehicle Miles Traveled
(VMT), the number of
miles traveled one-way
by a motor vehicle for a
worksite commute trip,
to the ERP survey.

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SMMC Section

9.53.060.B.2.b.viii –
Contents of Emission
Reduction Plans
ERP minimum survey
response rate is 75%
Gather data
about employee
commuting
patterns and
associated
emissions.

Currently, 75%
of employees
for covered
employers
need to
complete the
survey.

Lower the ERP
minimum response rate
to 60% to align with
AQMD’s Rule 2202 and
provide greater flexibility
for Santa Monica
employers.

SMMC Section 9.53.070
– Contents of the
Worksite Transportation
Plans (WTPs) for
Employers with 10-29
employees
Provide
information to
employees
about various
commute
options ranging
from active and
public
transportation to
the impacts of
pollution from
single
occupancy
vehicles.

On Moratorium
through
September 24,
2024.

Eliminate WTP from
ordinance. The data
collected is not as
comprehensive as the
ERP. Staff recommends
focusing on medium
and large-scale
employers for a greater
impact on mode-shift
goals.

SMMC Section 9.53.060
– Contents of Emission
Reduction Plans
(ERPs) for Employers
with 30-49 employees
Employers
implement
plans intended
to reduce
emissions
related to
employee
commutes and
to meet a
worksite
specific
emission
reduction target
for the
subsequent
year.

On Moratorium
through
September 24,
2024.

Currently,
ERPs are
required for
employers with
50 or more
employees.

Reinstate the ERP
requirement for all
employers with 30 or
more employees.

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SMMC Section 9.53.060
– Contents of Emission
Reduction Plans C.

Employer Clean Fleet
Vehicle Purchase/Lease
Program & D. Mobile
Source Diesel
In 2015,
SCAQMD
eliminated the
Employer Clean
Vehicle
Purchase/Lease
Program &
Mobile Source
Diesel PM/NOx
Emission
Minimization
regulatory
sections
Currently in

9.53.060 and
needs to be
removed to
align with
current AQMD
Rule 2202
language.

Eliminate the Employer
Clean Vehicle/
Purchase/Lease
Program & Mobile
Source Diesel PM/NOx
Emission Minimization
regulatory sections to
align AQMD’s Rule
2202.

Next Steps
Staff recommends that the City Council adopt the attached resolution approving amendments to the related Memorandum of Understanding with the South Coast Air Quality Management District to incorporate changes made by AQMD and City staff. The adjustment to the ERP threshold would go into effect with the FY 25-26 plan year to allow businesses time to comply with the ordinance modifications, for staff to conduct outreach to businesses with 30 or more employees who will once again be subject to the ordinance, and for the TMO to offer free trainings to new Employee Transportation Coordinators (ETCs). An ETC is the designated person within companies subject to the TDM ordinance with appropriate training as required by the City, who is responsible for the development, administration, implementation, and monitoring of the ERP.

Environmental Impact Statement
The ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3). The ordinance 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 ordinance’s proposed changes consist of programmatic changes and would not result in a physical environmental effect on the environment and as such, is exempt from CEQA.

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Financial Impacts & 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. Revenues are projected to increase by $121,000 beginning in FY 2025-26.

The TDM revenue (10600001.408730) will be adjusted during the FY 2025-27 Biennial Budget process to reflect the projected increase.

Prepared By: Barbara Jacobson, Transportation Management Coordinator Approved Forwarded to Council
Attachments:

A. AQMD Rule 2202, Amended August 4, 2023
B. Resolution and MOU between City of Santa Monica and AQMD C. AQMD Rule 2202 Proposed Amendment Staff Report
D. August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report
E. June 5, 2013 Zoning Ordinance Update: Transportation Demand Management F. April 14, 2015 Study Session on the Draft Zoning Ordinance, Proposed Land Use and Circulation Element Amendments, Draft Official Districting Map, and Draft LUCE Land Use Designation Map Amendments
G. July 28, 2020 Introduction and first reading of an ordinance amending Transportation Demand Management, Preferential Parking, Pedicabs and Bikeshare
H. SMMC Ch. 9.53 Ordinance Updates 2024
I. PowerPoint Presentation

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(Adopted December 8, 1995)(Amended March 8, 1996)
(Amended November 8, 1996)(Amended October 9, 1998)
(Amended January 11, 2002)(Amended February 6, 2004)
(Amended June 6, 2014)(Amended August 4, 2023)
RULE 2202 - ON-ROAD MOTOR VEHICLE MITIGATION OPTIONS
(a) Purpose
The purpose of this Rule is to provide Employers with a menu of options to reduce mobile source emissions generated from Employee commutes, to comply with federal and state Clean Air Act requirements, Health & Safety Code Section 40458, and Section 182(d)(1)(B) of the federal Clean Air Act.
(b) Applicability
Effective June 19, 1998, this Rule applies to any Employer who employs 250 or more Employees on a full or part-time basis at a Worksite for a consecutive sixmonth period calculated as a monthly average, except as provided in subdivision (l) of this Rule. Effective February 6, 2004, Employers shall notify the District within 30 days when they become subject to Rule 2202 or no longer qualify for the Employee threshold exemption pursuant to paragraph (l)(1). Employers shall have 90 days from the date of notifying the District to comply with provisions of this Rule.
(c) Sunset Provision
This Rule shall be rescinded, at such time that a replacement measure is implemented which produces an equivalent level of emission reductions and such emission reductions are real, quantifiable, enforceable, and surplus relative to the most recently adopted state implementation plan.
(d) Definitions
For the purpose of this Rule, the following definitions shall apply:
(1) AIR QUALITY INVESTMENT PROGRAM (AQIP) is an emission reduction option, in which monies collected by the District from Employers are used to fund programs or purchase emission reductions that have been approved by the District’s Governing Board. (2) AREA SOURCE CREDITS (ASCs) are emission credits, issued pursuant to Regulation XXV – Intercredit Trading.

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Packet Pg. 482 Attachment: AQMD Rule 2202, Amended August 4, 2023 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Rule 2202 (cont.)
2202-2
(Amended August 4, 2023)
(3) AVERAGE VEHICLE RIDERSHIP (AVR) is the current number of Employees scheduled to report to work during the window for calculating AVR divided by the number of vehicles arriving at the Worksite during the same window.
(4) BUSINESS TYPE/CLASSIFICATION is the activity type that classifies the primary nature of work conducted at the Worksite. (5) DISABLED EMPLOYEE means an individual with a physical impairment that prevents the Employee from traveling to the Worksite by means other than a single-occupant vehicle.
(6) EMISSION REDUCTION CREDITS (ERCs) are as defined in subdivision (l) of Rule 1302 – Definitions and also includes the permanent credit issued under Rule 1309(f)(1).
(7) EMISSION REDUCTION TARGET (ERT) is the annual VOC, NOx, and CO emissions required to be reduced based on the number of Employees per Worksite and the Employee Emission Reduction Factor, determined in accordance with the provisions of subdivision (e) of this rule.
(8) EMPLOYEE is any person Employed by a person(s), firm, business, educational institution, non-profit agency or corporation, government or other entity. The term exempts the following in accordance with the Rule 2202 - Definitions: seasonal Employees; temporary Employees; Volunteers; Field Personnel; Field Construction Workers; and Independent Contractors.
(9) EMPLOYEE COMMUTE REDUCTION PROGRAM (ECRP) is a
compliance option that allows Employers the ability to choose and implement various rideshare strategies included in the ECRP Guidelines at the Worksite.
(10) EMPLOYEE TRANSPORTATION COORDINATOR (ETC) is an
individual who has completed a South Coast AQMD certified training course and has been appointed to develop, market, administer, and monitor the Worksite’s chosen Rule 2202 compliance option. (11) EMPLOYER is any person(s), firm, business, educational institution, non-profit agency or corporation, government agency, or other entity that employs 250 or more Employees. Several subsidiaries or units that occupy the same work site and report to one common governing board or governing entity or that function as one corporate unit are considered to be one Employer.

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Packet Pg. 483 Attachment: AQMD Rule 2202, Amended August 4, 2023 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Rule 2202 (cont.)
2202-3
(Amended August 4, 2023)
(12) FEDERAL FIELD AGENT means any Employee who is employed by any federal entity whose main responsibility is National Security and performs field enforcement and/or investigative functions. This does not include Employees in non-field or non-investigative functions. (13) FIELD CONSTRUCTION WORKER means an Employee who reports directly to work at a construction site.
(14) FIELD PERSONNEL means Employees who spend 20% or less of their work time, per week, at the Worksite and who do not report to the Worksite during the peak period for pick-up and dispatch of an Employerprovided vehicle. (15) INDEPENDENT CONTRACTOR means an individual who enters into a direct written contract or agreement with an Employer to perform certain services and is not on the Employer's payroll.
(16) INTER-POLLUTANT CREDITING means the use of emission credits of one type of pollutant that may be used in lieu of another type of pollutant.
(17) LOW-INCOME EMPLOYEE means an individual whose salary is equal to or less than the current individual income level set in the California Code of Regulations, Title 25, Section 6932, as lower income for the county in which the Employer is based. Higher income Employees may be considered to be "low-income" if the Employees demonstrate that the program strategy would create a substantial economic burden.
(18) MOBILE SOURCE EMISSION REDUCTION CREDITS (MSERCs)
are emission credits issued pursuant to Regulation XVI - Mobile Source Offset Programs.
(19) MOTOR VEHICLE means a self-propelled vehicle, consistent with California Vehicle Code 415.
(20) NITROGEN OXIDES (NOx) are nitric oxides and nitrogen dioxides, collectively expressed as nitrogen dioxide.
(21) PART-TIME EMPLOYEE means any Employee who reports to a Worksite on a part-time basis fewer than 32 hours per week, but more than four hours per week. These Employees shall be included in the Employee count for purposes of Rule applicability; and for Average Vehicle Ridership (AVR) calculations of the Employer provided the Employees report to the Worksite during the window for calculating AVR.

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Packet Pg. 484 Attachment: AQMD Rule 2202, Amended August 4, 2023 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Rule 2202 (cont.)
2202-4
(Amended August 4, 2023)
(22) PEAK COMMUTE TRIP is any Employee trip from home to work occurring for the purpose of reporting to work during the Peak Window. (23) PEAK WINDOW is the period of time, Monday through Friday between the hours of 6:00 AM and 10:00 AM, and used in calculating the Vehicle Trip Emission Credit.
(24) PERFORMANCE ZONE is a geographic area that determines the Employee Emission Reduction Factor for a particular Worksite pursuant to the map in Attachment I of this Rule.
(25) POLICE/SHERIFF means any Employee who is certified as a law enforcement officer and is employed by any state, county or city entity.

Such Employees are only police officers and sheriffs, who perform field enforcement and/or investigative functions. This would not include Employees in non-field or non-investigative functions.
(26) RECLAIM TRADING CREDIT (RTC) is as defined in paragraph (c)(63) of Rule–2000 - General.
(27) SCHOOL means any public or private School, including juvenile detention facilities with classrooms, used for the education of more than 12 children at the School in kindergarten through grade 12. School also means an Early Learning and Developmental Program by the U.S.

Department of Education or any state or local early learning and development programs such as preschools, Early Head Start, Head Start, First Five, and Child Development Centers. A School does not include any private School in which education is primarily conducted in private homes. The term includes any building or structure, playground, athletic field, or other area of School property.
(28) SCHOOL DISTRICT means a public agency of the state that is a school district of every kind or class except a community college district, and shall include a County Office of Education.
(29) SEASONAL EMPLOYEE means a person who is employed for less than a continuous 90-day period or an agricultural Employee who is employed for up to a continuous 16-week period.
(30) SHORT TERM EMISSION REDUCTION CREDITS (STERCs) are as defined in subdivision (am) of Rule 1302 – Definitions. (31) STUDENT WORKER means a student who is enrolled and gainfully employed (on the payroll) by an institution. Student workers who work more than four (4) hours per week are counted for Rule applicability and if they report during the 6:00 AM - 10:00 AM window are counted for

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Packet Pg. 485 Attachment: AQMD Rule 2202, Amended August 4, 2023 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Rule 2202 (cont.)
2202-5
(Amended August 4, 2023)
AVR calculation.
(32) TELECOMMUTING occurs when an Employee works from home, off site, a satellite office, or a Telecommuting center which eliminates a commute trip to the Worksite or reduces the commute travel distance by more than 50%.
(33) TEMPORARY EMPLOYEE means any person employed by an employment service or agency that reports to a Worksite other than the employment agency's Worksite, under a contractual arrangement with a temporary Employer. Temporary Employees are only counted as Employees of the temporary agency for purposes of rule applicability and calculating AVR.
(34) VEHICLE MILES TRAVELED (VMT) means the number of miles traveled one-way by a Motor Vehicle for a Worksite commute trip. (35) VEHICLE TRIP EMISSION CREDITS (VTEC) are the emission reductions that result from the reduction of Peak Commute Trips; other work-related trips; or other District approved method; expressed in pounds per year per pollutant, and determined according to the provisions of subdivision (g) of this Rule.
(36) VOLATILE ORGANIC COMPOUND (VOC) is any volatile
compound of carbon, excluding: methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, ammonium carbonate, and exempt compounds as defined in Rule 102 – Definition of Terms.
(37) VOLUNTEER means any person(s) at a Worksite who, of their own free will, provides goods or services, without any financial gain. (38) WORKSITE means a structure, building, portion of a building, or grouping of buildings that are in actual physical contact or are separated solely by a private or public roadway or other private or public right-ofway, and that are occupied by the same Employer. Employers may opt to treat more than one structure, building or grouping of buildings as a single Worksite, even if they do not have the above characteristics, if they are located within a 2-mile radius and are in the same Performance Zone.
(e) Requirements
An Employer subject to this Rule shall annually register with the District to implement an emission reduction program, in accordance with subdivisions (f) and (g), that will obtain emission reductions equivalent to a Worksite specific Emission

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Packet Pg. 486 Attachment: AQMD Rule 2202, Amended August 4, 2023 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Rule 2202 (cont.)
2202-6
(Amended August 4, 2023)
Reduction Target (ERT) specified for the compliance year. The annual ERT shall be determined according to the following equation, for VOC, NOx, and CO, based on Employee Emission Reduction Factors specified in paragraph (m)(1) of this Rule.
[
Emission
Reduction
Target
(lbs⁄year)
] = [[Employees] × [
Employee Emission
Reduction Factor
]] − [
Vehicle Trip
Emission Credit]
Where:

Employees = Average daily number of Employees reporting to work in the Peak Window for a typical Monday through
Friday period excluding those weeks which include a
national holiday.

Employee Emission
Reduction Factor
= Determined by year of the registration submittal and the Worksite Performance Zone in paragraph (m)(1) of this
rule.

Vehicle Trip
Emission Credits
= Determined according to subdivision (g) of this rule.

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Packet Pg. 487 Attachment: AQMD Rule 2202, Amended August 4, 2023 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Rule 2202 (cont.)
2202-7
(Amended August 4, 2023)
(f) On-Road Vehicle Mitigation Options
To comply with subdivision (e), Employers may elect to use one or more of the following emission reduction options:
(1) Mobile Source Emission Reduction Credits (MSERCs)
Any Employer may elect to use Mobile Source Emission Reduction Credits that were issued in accordance with the provisions of Regulation XVI. (2) Emission Reduction Credits (ERCs)
Any Employer may elect to use Emission Reduction Credits (ERCs) issued in accordance with the provisions of Regulation XIII New Source Review, provided that such credits were approved for transfer into the Rule 2202 program prior to June 6, 2014. ERCs transferred into the Rule 2202 program shall be subject to annual discounting in accordance with the Rule 2202 - On-Road Motor Vehicle Mitigation Options Implementation Guidelines. (3) Short Term Emission Reduction Credits (STERCs) from Stationary Sources Any Employer may elect to use Short Term Emission Reduction Credits (STERCs) in accordance with the provisions of Regulation XIII, provided such credits were generated from sources after January 1, 1996. (4) Area Source Credits (ASCs)
Any Employer may elect to use Area Source Credits that were issued in accordance with the provisions of Regulation XXV.
(5) Air Quality Investment Program (AQIP)
Employers may participate in the AQIP by submitting an air quality investment, to be placed in a restricted fund, in accordance with Rule 311 – Air Quality Investment Program (AQIP) Fees.

The District shall use these funds to obtain an emission reduction or air quality benefit that is equivalent to the sum of the ERTs for all participating Employers in the AQIP.
(6) Other Emission Reduction Strategies
Notwithstanding the foregoing provisions, any Employer may receive credit toward an ERT for any emission reduction strategy that the Employer or other person demonstrates to the Executive Officer achieves real, quantifiable, enforceable, and surplus emission reductions for a discrete period of time. Such strategies may include, but are not limited to, the reduction of non-work trips, other vehicle or engine accelerated turnover programs, the provision of new vehicle purchase subsidies or discounts, and local community or development projects that reduce trip or energy demand or that expand clean fuel or high-occupancy travel options. The Executive

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Packet Pg. 488 Attachment: AQMD Rule 2202, Amended August 4, 2023 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Rule 2202 (cont.)
2202-8
(Amended August 4, 2023)
Officer shall not approve an alternative emission reduction program unless it is consistent with other District regulations and the Rule 2202 - On-Road Motor Vehicle Mitigation Options Implementation Guidelines. (7) Employee Commute Reduction Program (ECRP)
Any Employer may elect to implement an ECRP that demonstrates conformance with the ECRP Guidelines. Employers must annually submit a program that will meet an Average Vehicle Ridership (AVR) performance requirement of 1.75 for Performance Zone 1; 1.5 for Performance Zone 2; and 1.3 for Performance Zone 3, unless the following conditions are met:
(A)Employers surrender the difference in emission reductions between the Worksite AVR and the Performance Zone requirement through participation in the Air Quality Investment Program (AQIP) or surrendering of equivalent emission credits in accordance with the provisions of subdivisions (f) or (g); or
(B) Employers comply with the good faith effort determination elements described in the ECRP Guidelines. All approved good faith effort elements shall be maintained during the plan compliance year. Deletion or substitution of any good faith effort element is not allowed unless approved in writing by the District.

10.B.a
Packet Pg. 489 Attachment: AQMD Rule 2202, Amended August 4, 2023 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Rule 2202 (cont.)
2202-9
(Amended August 4, 2023)
(g) Vehicle Trip Emission Credits (VTEC)
Employers may elect to implement any of the following strategies and obtain vehicle trip emission credits that can be used to comply with subdivision (e). Such actions are at the sole discretion of the Employer.
(1) Peak Commute Trip Reductions
Employers may receive VTEC from Employee commute reductions that occur during the Peak window in accordance with the Rule 2202 - On- Road Motor Vehicle Mitigation Options Implementation Guidelines. VTEC obtained from Peak Commute Trip reductions shall be determined according to the following equation:

VTEC = [
Creditable Commute
Vehicle Reductions (CCVR)
] × [
Emission
Factor (EF)
]
Where:

CCVR = The daily average of total commute vehicle reductions that are real, surplus, and quantifiable.

EF = Annual Emission Factor (pounds/year/daily commute
vehicle).

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Packet Pg. 490 Attachment: AQMD Rule 2202, Amended August 4, 2023 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Rule 2202 (cont.)
2202-10
(Amended August 4, 2023)
In calculating VTEC for the subsequent year, Employers may utilize data from previous years obtained by one of the following methods:
(A) Default data based on the weighted average of the Average Vehicle Ridership survey data of the previous three consecutive years; or (B) Data obtained by conducting an Average Vehicle Ridership survey in accordance with the Rule 2202 - Employee Commute Reduction Program Guidelines; or
(C) Data based on the default Average Vehicle Ridership of 1.10; or (D) Data obtained by an alternative methodology, which may include documentation of the CCVR claimed, approved by the Executive Officer or designee.
(2) Other Work-Related Trip Reductions
Employers may receive additional VTEC from Employee commute reductions that occur outside of the Peak Window or from non-commute vehicle usage calculated as creditable trip reductions and approved by the Executive Officer or designee. VTEC obtained from other work-related trip reductions shall be determined according to the following equation:

VTEC = [
Creditable Trip Reductions (CTR)
Conversion Factor (CF)
] × [Emission Factor (EF)]
Where:

CTR = The daily average of one-way trip reductions that are real, surplus, and quantifiable. A round trip is considered to be two one-way trips.

CF = 2.0 for Peak Window trips; 2.3 for other trips.

EF = Annual Emission Factor (pounds/year/daily commute
vehicle).
(3) Vehicle Miles Traveled (VMT) Reduction Programs
Subject to approval of the Executive Officer or designee, Employers may elect to implement VMT reduction programs and receive VTEC towards their ERT. Reduction of annual Employee commute VMT may result from employment center relocation, video-conference centers, Telecommuting centers or other alternative programs approved by the Executive Officer or designee. The Executive Officer shall not offer any VTEC for a VMT reduction program unless it includes baseline VMT estimates and demonstrates that VMT reductions result in real, quantifiable, enforceable, and surplus emission reductions.

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Packet Pg. 491 Attachment: AQMD Rule 2202, Amended August 4, 2023 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Rule 2202 (cont.)
2202-11
(Amended August 4, 2023)
(4) Parking Cash-Out Program
Employers may elect to implement a Parking Cash-Out Program to reduce employee commutes and receive VTEC toward their ERT. Parking CashOut is a program where an Employer offers to provide a cash allowance to an Employee, equivalent to the parking subsidy that the Employer would otherwise pay to provide the Employee with a parking space. Incorporation of the Parking Cash-Out Program as one of the options in Rule 2202, does not relieve the affected parties from complying with the provisions of the Health and Safety Code section 43845.
(h) General Emissions Credit Provisions
The following provisions shall apply to any of the strategies in subdivisions (f) and (g):
(1) An Employer or other person seeking credit under this Rule may use actual annual mileage per vehicle, or alternative estimates of vehicle miles traveled (VMT) contained in Rule 2202 - On-Road Motor Vehicle Mitigation Options Implementation Guidelines.
(2) Emission credit strategies that do not provide the precise amount of surplus emission reductions required for each of the three pollutants addressed by this Rule (VOC, NOx, and CO) may still qualify for equivalent credit if the Employer provides equivalent credits obtained pursuant to paragraph (h)(3). (3) Any person holding emission credits, other than vehicle trip emission credits (VTEC), pursuant to this Rule may trade some or all of those credits to other Employers.
(4) Emission credits issued pursuant to paragraphs (f)(1), (f)(2), (f)(3), and (f)(4) that have been transferred into the Rule 2202 program, shall not be used to comply with or meet the requirements of any other District rule or program, with the exception of ERCs pursuant to paragraph (f)(2), for which the original ERC certificate may be transferred out of the Rule 2202 program at any time in accordance with the following conditions:
(A) None of the original ERC certificate has ever been used in any discrete year to comply with any requirement of this rule since the initial transfer into the Rule 2202 program;
(B) The applicant submits an application for transfer and applicable fees, and receives approval of the Executive Officer, based on a determination that none of the original ERC certificate has been used. Upon approval by the Executive Office and reissuance of an ERC certificate, the ERCs may be used in any District program

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Packet Pg. 492 Attachment: AQMD Rule 2202, Amended August 4, 2023 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Rule 2202 (cont.)
2202-12
(Amended August 4, 2023)
authorizing use of such ERCs except Rule 2202; and,
(C) The amount of ERC certificate to be reissued in pounds per day shall be based on the amount that was transferred into Rule 2202 minus the 10% originally discounted when the ERC was initially transferred into the program.
(5) All emission credits submitted pursuant to subdivision (f) must be valid for a minimum of six (6) months of the Employer's registration compliance year. This provision shall not apply to emission credits generated from projects approved or submitted prior to February 6, 2004. (6) An Employer may apply inter-pollutant crediting, using VOC or NOx emission credits issued pursuant to subdivision (f), in lieu of all or part of a Worksite's CO emission reduction target in accordance with the Rule 2202 Implementation Guidelines and the following crediting ratios:
1 pound of VOC = 10 pounds of CO
1 pound of NOx = 6 pounds of CO
(7) Emission credits issued pursuant to paragraph (f)(6), but not used in the Rule 2202 program, shall not be used to comply with or meet the requirements of any other District source specific rule unless otherwise authorized by other District rules or programs.
(8) Emission Reduction Credits (ERCs), as defined in paragraph (d)(5), on or after June 6, 2014, cannot be transferred into the Rule 2202 program. (9) Reclaim Trading Credits (RTCs), on or after June 6, 2014, cannot be transferred into the Rule 2202 program.
(10) Upon rescission of this Rule, any unused emission credits, with the exception of ERCs, may be applied to other emission reduction programs pursuant to and consistent with District rules and regulations. ERCs assigned to, or designated for use in the Rule 2202 program shall be permanently retired and will no longer be available for use unless otherwise specified in paragraph (h)(4).
(i) Program Administration
Rule 2202 shall be administered according to the following:
(1) Employers shall annually register with the District to implement one or more of the emission reduction options in subdivision (f) for each Worksite.

The registration shall include the following information:
(A) The name of the highest ranking company official, the name of the contact person, company address, telephone numbers for all participating Worksites;

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Packet Pg. 493 Attachment: AQMD Rule 2202, Amended August 4, 2023 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Rule 2202 (cont.)
2202-13
(Amended August 4, 2023)
(B) Effective January 1, 2025, Business Type/Classification as detailed in the Rule 2202 Implementation Guidelines and ECRP Guidelines; (C) The on-road vehicle mitigation option(s) that will be used; (D) The total number of Employees that report to work in the Peak Window;
(E) The total number of Employees at that Worksite;
(F) Effective January 1, 2025, the VMT of employees arriving at the Worksite as detailed in the Rule 2202 Implementation Guidelines or ECRP Guidelines;
(G) Effective January 1, 2025, information on Telecommuting practice as detailed in the Rule 2202 Implementation Guidelines or ECRP Guidelines; and,
(H) Calculations for VOC, NOx, and CO emission reductions for any of the on-road vehicle mitigation options in subdivision (f) or the vehicle trip emission credit options in subdivision (g). (2) Annual registration shall include changes in employment base and any other changes that would necessitate adjustment in emission reduction targets or program implementation.
(3) Annual registration due dates shall remain permanent unless a formal request to change the due date has been submitted by the Employer and approved in writing by the District.
(4) The approved Rule 2202 Registration shall remain in effect until the next annual registration due date.
(5) Effective January 1, 2025, Employers must designate an Employee Transportation Coordinator (ETC) if the Worksite will be conducting and submitting an AVR survey as part of their annual plan submittal. The designated ETC must successfully complete a South Coast AQMD ETC training and certification course.
(6) Employers may request to amend their Emission Reduction Program at any time and implement the amendments with written approval of the Executive Officer subject to the criteria contained in paragraph (i)(1). (7) Rather than registering with the District for each individual Worksite, an Employer may submit a single registration to implement an Emission Reduction Program that meets the aggregated ERT of several sites. (8) Emission credits obtained pursuant to subdivision (f) or (g) shall be surrendered to the Executive Officer within the first six months of the approval of the registration forms. The Executive Officer may grant

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Packet Pg. 494 Attachment: AQMD Rule 2202, Amended August 4, 2023 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Rule 2202 (cont.)
2202-14
(Amended August 4, 2023)
extensions not to exceed six months on a case-by-case basis upon a finding that earlier compliance would present an unreasonable hardship. (9) Records which document the accuracy and validity of all information submitted to the District as required by this Rule shall be kept by the Employer for a minimum of three years and made available upon request during normal business hours.
(10) On a semi-annual basis the Executive Officer shall recommend to the District’s Governing Board the release of monies from the AQIP restricted fund. The program shall be administered and consideration of proposals shall be subject to the following:
(A) Proposals shall be accepted on an ongoing basis;
(B) Equal consideration shall be given to cost-effective proposals and those that achieve long-term advancement of mobile source technology;
(C) The amount of emission reductions required to demonstrate equivalent emission reductions shall be determined on a semiannual basis, as the sum of the ERTs for all the participating Employers;
(D) Inter-pollutant crediting may be applied toward the CO emission reductions required to demonstrate equivalent emission reductions in subparagraph (i)(8)(C) in accordance with the crediting ratios specified in paragraph (h)(6);
(E) The allocation of funding shall be recommended for proposals that reduce equivalent emissions within each county proportional to the contribution level of Employers within each county to the greatest extent feasible; and,
(F) The emissions reductions are demonstrated to be real, quantifiable, enforceable, and surplus, in accordance with the Rule 2202 - OnRoad Motor Vehicle Mitigation Options Implementation Guidelines.
(G) The Executive Officer is authorized to use up to 5% of the AQIP funds collected in any given year for program administration. (11) Registration forms submitted by Employers shall be subject to the fee schedule set forth in Rule 308 – On-Road Motor Vehicle Mitigation Options Fees and Rule 311 – Air Quality Investment Program (AQIP) Fees.

Employers choosing to implement the Employee Commute Reduction Program under paragraph (f)(7) shall be subject to the fee schedule set forth in Rule 308.

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Packet Pg. 495 Attachment: AQMD Rule 2202, Amended August 4, 2023 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Rule 2202 (cont.)
2202-15
(Amended August 4, 2023)
(12) Any Employer subject to Rule 2202 or to the exemptions of paragraph (f)(7) of this Rule shall comply with the requirements of Rule 701 – Air Pollution Emergency Contingency Actions.
(13) All registrations submitted pursuant to subdivision (e) and projects subject to paragraphs (f)(5) and (f)(6) shall be subject to the emission factors under which they were originally approved, funded, or implemented. (14) Any person submitting a project pursuant to paragraph (f)(6) shall submit an application as described in the Rule 2202 Implementation Guidelines and shall be subject to the fee schedule set forth in Rule 308 – On-Road Motor Vehicle Mitigation Options Fees.
(15) All emission credit transfers to non-Rule 2202 Employers or any transfer of credits outside of the credit submittal cycle shall be subject to the applicable fee schedule set forth in Regulation III - Fees.
(j) Previously Delegated Programs
Any Employer that is in compliance with an ordinance adopted by a local government that has a trip reduction ordinance that was approved by the District prior to the effective date of this rule, and that has an existing memorandum of agreement with the District, shall be deemed in compliance with this Rule. (k) Delegation to Local Governments
The District may delegate authority to implement all or part of Rule 2202, except for the provisions of paragraph (f)(5), to any local government that satisfies the following criteria:
(1) The local government adopts an ordinance that is at least as stringent as Rule 2202 in the following areas:
(A) Applicability;
(B) Emission reductions target;
(C) Vehicle trip emission credit calculations;
(D) Annual registration; and
(E) Recordkeeping.
(2) The local government demonstrates to the satisfaction of the Executive Officer that:
(A) It has an implementation plan providing adequate resources to adopt and enforce the ordinance; and
(B) Multiple site Employers with more than one regulated Worksite in the District have the option of complying with the District Rule instead of the local ordinance.

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Packet Pg. 496 Attachment: AQMD Rule 2202, Amended August 4, 2023 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Rule 2202 (cont.)
2202-16
(Amended August 4, 2023)
(3) The local government has executed a Memorandum of Understanding with the Executive Officer specifying the procedures to monitor and review performance of the local government in implementing the program, and procedures for revocation of delegation if the Executive Officer determines that performance of the local government is inadequate. (l) Exemptions
(1) Employee Threshold
Any Employer whose Employee population at the Worksite decreases to fewer than 250 Employees for the prior consecutive six month period, calculated as a monthly average; or fewer than 33 Employees are scheduled to report to work Monday through Friday between 6:00 a.m. – 10:00 a.m. for the prior consecutive 90 days, may submit a written request to the Executive Officer or designee to be exempted from this rule. Employers must submit a registration form not later than 90 days after they know or should have known that they no longer qualify for this exemption. (2) Declared Bankruptcy
An Employer who has declared bankruptcy, for the official business or governmental operations of its organization or company, through a judicial court filing and confirmation process, may submit a written request to the Executive Officer to grant a temporary waiver from complying with the requirements of this rule. Upon demonstration of the filing and confirmation of bankruptcy, the Executive Officer will grant an exemption for the duration of bankruptcy, not to exceed two years, from the date of the waiver. (3) Primary and Secondary School Districts and Schools
Any public or private primary or secondary school district or school that buses two students for every one Peak Window Employee at Worksites subject to the Rule is exempt from Rule 2202, according to the following criteria:
(A) School districts and Schools shall keep records demonstrating the maintenance of this ratio on-site and make them available upon request by the Executive Officer or designee; and
(B) On a case-by-case basis, the Executive Officer or designee may approve a request by a School district or School to modify the default student-to-Employee ratio to reflect location, trip length and other School district or School specific busing program characteristics in order to maintain equivalency with emission reductions which would occur if the district or School met its

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Packet Pg. 497 Attachment: AQMD Rule 2202, Amended August 4, 2023 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Rule 2202 (cont.)
2202-17
(Amended August 4, 2023)
emission reduction goals under Rule 2202; and
(C) The Executive Officer may periodically update and publish the default student-to-Employee ratio to reflect changes to revised emission factors published by the California Air Resources Board.

School districts and Schools may opt not to be exempt but to implement a Rule 2202 program and claim credit for surplus emission credits earned through a student busing program and other Rule 2202 compliance options.
(4) Primary and Secondary School District Financial Hardship Due to their financial hardship, notwithstanding the criteria of paragraph (l)(3), School districts that have received a Negative or Qualified Certification status from their County Board of Education pursuant to Chapter 6, Part 24 of Division 3 of the Education Code, deeming that based upon current projections the School district or county office of education will not or may not meet its financial obligations, may request the Executive Officer to grant a temporary exemption from the requirements of the Rule.

The Executive Officer shall grant a temporary exemption for the period during which the Negative or Qualified Certification status applies. (5) Police/Sheriff/Federal Field Agents
Employers may exclude Police, Sheriff, or Federal Field Agents from the number of Employees in the Peak Window for Average Vehicle Ridership surveys provided that:
(A) These Employees be included in the Employee count for rule applicability, and
(B) Those Worksites electing to exclude such Employees from the Average Vehicle Ridership surveys and calculations must provide the basic support strategies including, but not limited to, ridematching and transit information for all Employees, and preferential parking and guaranteed return trips for said Employees who are ridesharing.
(6) Persons subject to this rule who are unable to comply with any part of this rule may apply for a variance with the District's Hearing Board in accordance with Regulation V – Procedure Before the Hearing Board. (m) Emission Factors
The emission factors, which shall be used in calculations pursuant to this Rule, shall be revised upon EPA's final approval for use of the California Air Resources Board (CARB) approved on-road mobile source emission factor (EMFAC) model.

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Packet Pg. 498 Attachment: AQMD Rule 2202, Amended August 4, 2023 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Rule 2202 (cont.)
2202-18
(Amended August 4, 2023)
(1) The Employee emission reduction factors (pounds per year per Employee) specified in the Rule 2202 - On-Road Motor Vehicle Mitigation Options Implementation Guidelines shall be used in determining the Emission Reduction Target with respect to the Worksite Performance Zone. The Performance Zone is determined by the Worksite location within the geographic boundaries as described in Attachment I of this rule.
(2) The default emission factors (pounds per year per daily commute vehicle), specified in the Rule 2202 - On-Road Motor Vehicle Mitigation Options Implementation Guidelines, may be used in determining vehicle trip emission credits.
(3) The emission factors specified in paragraphs (m)(1) and (m)(2) may be modified to site specific emission factors reflecting vehicle age and trip length characteristics of the Employee vehicle fleet, in accordance with the calculation procedures included in Rule 2202 - On-Road Motor Vehicle Emissions Mitigation Options Implementation Guidelines. (n) Guidelines
The Executive Officer shall periodically publish updates to the Rule 2202 – OnRoad Motor Vehicle Mitigation Options Implementation Guidelines and the Employee Commute Reduction Program Guidelines.

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Packet Pg. 499 Attachment: AQMD Rule 2202, Amended August 4, 2023 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Rule 2202 (cont.)
2202-19
(Amended August 4, 2023)

ATTACHMENT I

PERFORMANCE ZONES
• A Worksite’s Performance Zone
depends on its location.
• District's Source/Receptor Areas
are shown in Attachment 3 of
Rule 701 - Air Pollution
Emergency Contingency
Actions.
• Zone 1 is the Central City Area
of Downtown Los Angeles
within the District’s
Source/Receptor Area 1.
• Zone 2 corresponds to the
District’s Source/Receptor Areas
1 through 12, 16 through 23, and
32 through 35, excluding the
Zone 1 - Central City Area.
• Zone 3 corresponds to the District’s Source/Receptor Areas 13, 15, 24 through 31, and 36 through 38.

10.B.a
Packet Pg. 500 Attachment: AQMD Rule 2202, Amended August 4, 2023 (5845 : First Reading to Amend Transportation Demand Management Ordinance per 1 City Council Meeting June 11, 2024 Santa Monica, California

RESOLUTION NUMBER XXXX (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICAADOPTING THE MEMORANDUM OF UNDERSTANDING WITH THE

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT FOR THE

TRANSPORTATION MANAGEMENT PLAN ORDINANCE
WHEREAS, on October 23, 1984, the Santa Moncia City Council adopted the Circulation Element of the General Plan, which directed the City to develop a Transportation Management Plan to implement the transportation management policies contained in the Circulation Element; and
WHEREAS, on November 12, 1991, the City Council adopted the Transportation Management Plan (TMP) Ordinance to reduce transportation congestion on City streets and to improve air quality through the effective management and coordination of transportation demand and transportation systems in the City; and WHEREAS, on April 14, 1992, the City Council approved a Memorandum of Understanding (1992MOU) between the City of Santa Monica and the South Coast Air Quality Management District (AQMD), which, among other things, recognized the City’s TMP Ordinance as consistent with but more stringent than the state’s regulations, and delineated enforcement responsibilities for state and local requirements; and WHEREAS, on April 9, 1996, the City and AQMD amended the 1992 MOU to address changes in state law; and
WHEREAS, AQMD and the City now desire to enter into a new memorandum of understanding that will supersede the thirty-two-year-old 1992 MOU and address recent changes in state law.

10.B.b
Packet Pg. 501 Attachment: Resolution and MOU between City of Santa Monica and AQMD (5845 : First Reading to Amend Transportation Demand 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby approves the Memorandum of Understanding between the City and AQMD attached hereto as Exhibit “A”. The City Council hereby also authorizes the City Manager or designee to terminate the 1992 MOU by giving written notice to AQMD.

SECTION 2. 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 SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

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Packet Pg. 502 Attachment: Resolution and MOU between City of Santa Monica and AQMD (5845 : First Reading to Amend Transportation Demand 3 EXHIBIT A
(Memorandum of Understanding)

10.B.b
Packet Pg. 503 Attachment: Resolution and MOU between City of Santa Monica and AQMD (5845 : First Reading to Amend Transportation Demand 1 MEMORANDUM OF UNDERSTANDING

BETWEEN

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
AND

CITY OF SANTA MONICA

PARTIES
This Memorandum of Understanding (“MOU”), entered into on this ___ day of _____, 2024, by and between the South Coast Air Quality Management District (“South Coast AQMD”) and the City of Santa Monica (“City”). The South Coast AQMD and the City are collectively referred to herein as “the Parties.”

RECITALS

2.1 The Parties seek to ensure that the full intent and purpose of the South Coast AQMD’s Rule 2202 (“Rule 2202”) – On-Road Motor Vehicle Mitigation Options will be maintained and enforced. Pursuant to Rule 2202 subsection (k), the South Coast AQMD may delegate the authority to implement all or part of Rule 2202, except for subsection (f)(5) – Air Quality Investment Program, to a local government that satisfies the criteria in Rule 2202 subsection (k)(1) through (k)(3) - Delegation to Local Governments. The South Coast AQMD desires to support the delegation of authority to the City to streamline recordkeeping and compliance requirements for employers who are subject to both South Coast AQMD and City regulations.

2.2 The Parties acknowledge that the City’s Ordinance Number _____ as codified in Santa Monica Municipal Code Chapter 9.53 – Transportation Demand Management, satisfies the requirements of Health and Safety Code §§ 40449 and 40717(e). Santa Monica Municipal Code Chapter 9.53 is stricter than the applicable provisions of Rule 2202, except for subsection (f)(5) which will be administered and implemented by the South Coast AQMD) and not in conflict therewith.

2.3 Execution of this MOU is intended to demonstrate approval of the Transportation Management Ordinance Number _____ (“TDMO”) by the South Coast AQMD as contemplated below, and to delineate enforcement responsibilities between the South Coast AQMD and the City for employers and developers subject to the TDMO.

2.4 This MOU is intended to provide a procedure to prevent the approved status of the TDMO from lapsing during future modifications to Rule 2202 or to the TDMO and to specify procedures for monitoring and reviewing the performance of the City in implementing the program.

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Packet Pg. 504 Attachment: Resolution and MOU between City of Santa Monica and AQMD (5845 : First Reading to Amend Transportation Demand 2 AGREEMENT

3.1 Approval of the Transportation Management Ordinance.

3.1.1 The TDMO adopted by the City is attached as Appendix A to this document. The signatures of the parties to this MOU constitute approval of the TDMO by the South Coast AQMD. For the purposes of this MOU, the approved status of the TDMO signifies an acknowledgement that the TDMO is an air pollution control ordinance that is stricter than and not in conflict with the requirements of Rule 2202, except for subsection (f)(5), adopted by the South Coast AQMD within the meaning of Health and Safety Code § 40449, and that the TDMO is at least as stringent as the requirements of Rule 2202, except for subsection (f)(5), within the meaning of Health and Safety Code § 40717(e), in the following areas, as set forth in Rule 2202, subsection (k):
i. Applicability;
ii. Emission reductions target;
iii. Vehicle trip emission credit calculations;
iv. Annual registration; and
v. Recordkeeping.

3.1.2 The TDMO shall remain approved by South Coast AQMD unless:
i. Rule 2202 is amended and the City does not adopt such amendments, consistent with the procedure outlined in Section 3.2 of this MOU; ii. The TDMO is amended to be less stringent than Rule 2202; iii. The TDMO is rescinded by the Santa Monica City Council; iv. The approved status of the TDMO is revoked by the South Coast AQMD pursuant to Section 3.9 of this MOU.

3.2 Procedures for Maintaining the TDMO’s Approved Status.

3.2.1 If the South Coast AQMD seeks to amend Rule 2202 in a way that would render the TDMO less stringent than Rule 2202, the following procedures shall apply:

10.B.b
Packet Pg. 505 Attachment: Resolution and MOU between City of Santa Monica and AQMD (5845 : First Reading to Amend Transportation Demand 3 i. The South Coast AQMD shall advise the City in writing of possible amendments to Rule 2202 at the time that public hearings on such amendments are set.
ii. Following adoption of modifications to Rule 2202 by the South Coast AQMD’s Governing Board, the South Coast AQMD shall notify the City in writing of the nature of those modifications no later than 30 days from the adoption date.
iii. Upon receiving notification of adopted modifications, the Santa Monica City Council shall have 180 days in which to consider and approve necessary modifications to the TDMO if the City wishes to maintain the TDMO’s approved status.
iv. Upon written agreement, the Parties may extend the time to consider and approve necessary modifications period.

3.2.2 If the City seeks to amend the TDMO and the City wishes to maintain the TDMO’s approved status, the following procedures shall apply:
i. The City shall initiate discussions in writing with the South Coast AQMD regarding the acceptability of proposed amendments to the TDMO prior to any public hearing before the Santa Monica City Council concerning the proposed amendments.
ii. The South Coast AQMD shall respond to the City within 60 days of receipt of the proposed amendments to the TDMO. If the South Coast AQMD fails to take action with regard to the proposed amendments within 180 days, the City may deem the amendments approved. iii. The City shall notify the South Coast AQMD in writing of any amendments adopted by the Santa Monica City Council. If such amendments were previously approved, or deemed approved, by the South Coast AQMD under 3.2.2(ii), the approved status of the TDMO will remain unchanged. If such amendments are not approved, or not deemed approved, by the South Coast AQMD, then the approved status of the TDMO is revoked.

3.2.3 This MOU does not affect the City’s general authority to amend the TDMO.

However, compliance with the provisions in Section 3.2 is required to maintain the approved status of the TDMO.

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Packet Pg. 506 Attachment: Resolution and MOU between City of Santa Monica and AQMD (5845 : First Reading to Amend Transportation Demand 4 3.3 Enforcement of Rule 2202 and the TDMO

3.3.1 Except as provided in Sections 3.3.3 and 3.3.4, the City shall enforce the TDMO with respect to employers within the City. However, the City shall report to the South Coast AQMD any violations of the TDMO by, enforcement actions taken against, or compliance investigations or audits of, employers with 250 employees or more at a single worksite in the City’s jurisdiction, within 30 days of the enforcement action.

3.3.2 The South Coast AQMD shall enforce Rule 2202 against any County, State, or Federal agency with offices in the City, and shall enforce the TDMO against the City. The South Coast AQMD shall provide courtesy copies upon request of the Emission Reduction Programs (“Plans”) submitted by each County, State, or Federal agency, to the City for informational purposes. The City shall submit its TDMO Plan directly to the South Coast AQMD.

3.3.3 If the South Coast AQMD determines that the City is not enforcing the TDMO, the South Coast AQMD retains the authority pursuant to Health and Safety Code §§ 40449 and 40717(e) to enforce the TDMO against any employers in the City. The South Coast AQMD shall give the City notice of its intent to enforce, and the City shall have 30 days in which to cure any defects in its enforcement prior to South Coast AQMD enforcement.

3.3.4 If, after the expiration of the 30-day notice period, the South Coast AQMD undertakes enforcement action, the South Coast AQMD shall notify the City of planned or unplanned employer audits or compliance inspections at least 24 hours in advance of such action to allow City auditors the opportunity to be present.

City staff and South Coast AQMD staff shall share information from audit reports and shall agree on the criteria by which to determine non-compliance with the TDMO.

3.4 Annual Status Report Requirements

3.4.1 The City shall report to the South Coast AQMD annually by March 31st. The written status report shall include the information delineated in Appendix B, providing a detailed summary of compliance with the City’s TDMO by employers with 250 employees or more within the City’s jurisdiction.

3.4.2 The South Coast AQMD shall use the information contained in the status report to assist with the evaluation of the effectiveness and benefits of various incentives and compliance strategies. The South Coast AQMD shall share the results of its

10.B.b
Packet Pg. 507 Attachment: Resolution and MOU between City of Santa Monica and AQMD (5845 : First Reading to Amend Transportation Demand 5 analysis with the City, which, in turn, will use such information when advising employers in the City on how best to comply with the TDMO.

3.4.3 Those employers included in the City’s annual report will not be required to demonstrate compliance with Rule 2202, provided they are compliant with the City’s Ordinance Number _____.

3.5 Employers with Multiple Worksites

3.5.1 Pursuant to Health and Safety Code § 40717 and Rule 2202, and depending on employer status, employers with multiple sites that have more than one regulated worksite within the South Coast AQMD’s jurisdiction must comply with Rule 2202 and, if applicable, the TDMO.

3.6 Form of Materials

3.6.1 For the purposes of maintaining uniformity and validity when assessing performance and evaluating the effectiveness of plans at the local and regional levels, all TDMO materials and forms used by the City must be prepared in consultation with the South Coast AQMD. This consultation will ensure compatibility with those materials used by the South Coast AQMD.

3.7 Training Courses

3.7.1 The training of employee transportation coordinators (ETCs) for worksites of 250 employees or more shall be conducted by the South Coast AQMD or a South Coast AQMD-approved training provider.

3.8 Review of Employer Submitted Emission Reduction Programs

3.8.1 The South Coast AQMD shall share information with City staff on current methods and criteria used for reviewing plans.

3.8.2 City staff shall not approve plan updates from employers who have failed to improve their Average Vehicle Ridership (“AVR”) to meet the applicable target AVR, unless update modifications are made to the plan which, in the opinion of City staff, constitute a good faith effort to meet the target AVR. Employers meeting their AVR goal shall submit plan updates which maintain such goals.

10.B.b
Packet Pg. 508 Attachment: Resolution and MOU between City of Santa Monica and AQMD (5845 : First Reading to Amend Transportation Demand 6 3.9 Revocation of Delegation of Authority

3.9.1 Consistency between the City’s and the South Coast AQMD’s evaluation criteria and plan review process will be evaluated by the South Coast AQMD during the review of the City’s Annual Status Report and TDMO. If the South Coast AQMD finds that the City’s plan review process and evaluation criteria are less rigorous than those of the South Coast AQMD, the South Coast AQMD shall give the City notice of the discrepancy, specifying the manner in which the plan review process and evaluation criteria are less rigorous than those of the South Coast AQMD.

3.9.2 The City shall have 90 days to cure any defects in its plan review process and/or evaluation criteria after notification by the South Coast AQMD. If the South Coast AQMD finds that such discrepancies have not been cured within 90 days, the South Coast AQMD reserves the right to revoke the approved status of the TDMO.

3.9.3 If the City fails to submit its Annual Status Report to the South Coast AQMD and/or fails to provide the information required by Appendix B, the South Coast AQMD reserves the right to revoke (i) the approved status of the TDMO or (ii) its delegation of authority to the City.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

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Packet Pg. 509 Attachment: Resolution and MOU between City of Santa Monica and AQMD (5845 : First Reading to Amend Transportation Demand 7 3.10 Amendments

3.10.1 Any amendments or additions to this MOU must be in writing and signed by both parties.

3.11 Execution in Counterparts

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

ATTEST: City of Santa Monica,
a municipal corporation
___________________
Nikima Newsome By _______________________
Interim City Clerk David White
City Manager
Date ________________
Approved as to Form:
______________________
Douglas Sloan
City Attorney
South Coast Air Quality
Management District
By ____________________
Date __________________
Approved as to Form:
_____________________
Bayron Gilchrist
District Counsel

10.B.b
Packet Pg. 510 Attachment: Resolution and MOU between City of Santa Monica and AQMD (5845 : First Reading to Amend Transportation Demand

APPENDIX A
City of Santa Monica Transportation Management Ordinance Number _____ (TDMO)

10.B.b
Packet Pg. 511 Attachment: Resolution and MOU between City of Santa Monica and AQMD (5845 : First Reading to Amend Transportation Demand 1 APPENDIX B
The City of Santa Monica must submit an Annual Status Report to the South Coast AQMD. The report shall be annually submitted for review by November 27th and approved in writing by the South Coast AQMD no later than March 31st.

Reports that are incomplete or inaccurate may not be approved as submitted. The South Coast AQMD will provide reasons for the disapproval of a report in writing by February 27th and the City must address any deficiencies and submit a revised report to the South Coast AQMD within 30 days. The South Coast AQMD will then have 30 days to review and approve the revised report. If the South Coast AQMD issues a second disapproval notice, then the City will be violating the terms of this MOU and the South Coast AQMD reserves the right to revoke the approved status of the TDMO and the delegation of authority to the City pursuant to Rule 2202 subsection (l).

At a minimum, the Annual Status Report must include the following information for each worksite of 250 employees or more subject to the TDMO:

1. Site ID # (issued by AQMD)

2. Employer Name

3. Employer Address

4. Business Type/Classification (effective January 1, 2025)

5. Name and Contact Information of the Highest-Ranking Officer

6. Name and Contact Information of a Contact Person at the Worksite

7. Total Number of Employees at the Worksite

8. Total Number of Employees in the AM peak window

9. Telecommuting Practices- the report will include the total number of employees who are eligible to telecommute, the maximum number of days per week they are allowed to telecommute, the number of employees who are currently telecommuting, the average number of days per week that employees telecommute, if any telecommute incentives are offered, and if the employees teleworking schedules are permanent, temporary or a return to office date has been set (effective January 1, 2025)

10. Plan Due Date

11. Plan Submittal Date

12. Plan Approval Date

13. Type of Program Selected by Employer for Compliance

14. Emission Reduction Target (ERT) info (if filing ERS)

15. Total Vehicle Miles Traveled (VMT) by commute mode from employees assigned to the worksite (effective January 1, 2025)

10.B.b
Packet Pg. 512 Attachment: Resolution and MOU between City of Santa Monica and AQMD (5845 : First Reading to Amend Transportation Demand 2 16. If filing an ECRP, the following information is required:
a. Employee Trips (Line ET);
b. Vehicle Trips (Line TV);
c. Calculated AVR;
d. List of Plan Strategies by category (Marketing, Basic/Support, and Direct);
e. Details of selected strategies, if applicable;
f. If AVR remains the same or has decreased from previous year, highlight program enhancements.

17. Compliance Audit Information (if audit conducted by the City of Santa Monica, provide audit results)

18. Total Emission Reductions Attained by all City of Santa Monica Regulated Employers with 250 or more Employees (VOC, NOx, and CO)

10.B.b
Packet Pg. 513 Attachment: Resolution and MOU between City of Santa Monica and AQMD (5845 : First Reading to Amend Transportation Demand BOARD MEETING DATE: August 4, 2023 AGENDA NO. 23
PROPOSAL: Determine That Proposed Amended Rule 2202 – On-Road Motor Vehicle Mitigation Options is Exempt from CEQA; and Amend Rule 2202
SYNOPSIS: Proposed Amended Rule 2202 requires limited additional reporting of worksites with more than 250 employees to collect information that would be used to inform a potential second future amendment to Rule 2202. Proposed Amended Rule 2202 also includes
administrative updates to the implementation guidance.

COMMITTEE: Mobile Source, May 19, 2023, Reviewed
RECOMMENDED ACTIONS:

Adopt the attached Resolution:

1. Determining Proposed Amended Rule 2202 – On-Road Motor Vehicle Mitigation Options is exempt from the requirements of the California Environmental Quality Act; and

2. Amending Rule 2202 – On-Road Motor Vehicle Mitigation Options Wayne Nastri
Executive Officer
SR:IM:VW:JI
Background
Rule 2202 was adopted in 1995 to reduce mobile source emissions generated from employee commute trips, and was last amended in 2014. Rule 2202 applies to about 1,200 worksites with over 600,000 employees that commute during peak morning hours. Proposed amendments to Rule 2202 were included in the 2022 AQMP as control measure MOB-14. Rule 2202 provides worksites of 250 or more employees with three main compliance options to meet an emission reduction target for their worksite:
(1) Employee Commute Reduction Program (ECRP), (2) Emission Reduction Strategies (ERS), and (3) AQIP. Under the ECRP, worksites develop and implement a rideshare

10.B.c
Packet Pg. 514 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management -2-
program to meet an AVR target. Under ERS, worksites purchase credits from credit vendors to meet an emission reduction goal. Under AQIP, worksites pay a mitigation fee that funds a wide variety of emission reduction projects, similar to the Carl Moyer Program. About 92 percent of all worksites choose ECRP or ERS programs, split about evenly. The remaining worksites use the AQIP.

Under Rule 2202, worksites can conduct a survey of their employees to determine how they commute to the worksite (e.g., via carpool, transit, drive-alone in a car, telecommuting, etc.). In 2022, about 45 percent of worksites conducted a survey, which included about 57 percent of all employees covered by the rule. The primary metric used in the survey is AVR, which is the number of employees scheduled to report to work divided by the number of vehicles arriving at the worksite during the peak morning commute. Since the adoption of Rule 2202, Vehicle Miles Travelled (VMT) has become a key metric used by lead agencies for measuring the success of reducing emissions of criteria air pollutants and greenhouse gases, as well as congestion from transportation sources. VMT is currently more widely used as a metric than AVR in various air quality, climate change and transportation-related studies and programs. For example, SCAG uses VMT to evaluate the effectiveness of the Regional Transportation Plan and the California Air Resources Board CARB includes VMT reductions as a control measure to reduce both criteria air pollutants and GHG emissions in the SIP and the Scoping Plan. The current Rule 2202 survey form allows for the reporting of VMT by employees, however most worksites do not collect or report this information.

Proposed Amendment
Staff is proposing to amend Rule 2202 in two phases. Proposed Amended Rule (PAR) 2202 represents the first phase, which will require new limited reporting for all regulated worksites, including the reporting of VMT data, telecommute activity, and business type/classification for the worksite. The proposal also includes additional minor administrative changes and updates to implementation guidance documents. The second phase of rulemaking will consider using VMT as a primary metric within the rule, re-assess how rule targets are used, explore more compliance options for zero emission vehicles and infrastructure, evaluate the continued use of credit options, and consider modifying rideshare options including telecommuting. The second phase of rulemaking is anticipated to begin in 2025/2026.

Public Process
PAR 2202 was developed through a public process including four Working Group Meetings, a Public Workshop, and numerous meetings with interested stakeholders, Follow-up meetings were held with a variety of affected stakeholders who provided input throughout the rule development process, including local transit agencies, transportation management consultants, and local municipalities.

10.B.c
Packet Pg. 515 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management -3-
Key Issues
Throughout the rulemaking process, staff has worked with stakeholders to resolve key issues with the proposed amendment. There are two unresolved issues raised by stakeholders. First, some stakeholders have expressed concern about the second phase of rulemaking, including how VMT and changing travel patterns and activities would be incorporated, how credits currently used in the program would function, and how much additional emission reductions would be proposed. Staff recognizes these concerns and is proposing to gather more information before beginning that second phase of rulemaking. Staff is committed to work with stakeholders as rulemaking is initiated for the second phase.

The second issue is centered around the implementation of the proposed amendments, especially in relation to current requirements in the rule. Stakeholders have requested extra time to update software tools used for compliance, clarification of rule definitions (e.g., telework vs. remote work – such as working from out of state), and questions about how the proposed requirements would be implemented. In response, the most recent version of PAR 2202 extended the new reporting requirements from July 1, 2024 to January 1, 2025, more than a full year after adoption of the rule amendments.

Additionally, staff will ensure that updated reporting forms are both expeditiously made available if the rule is adopted and will seek to minimize impacts on third party reporting software requirements. Finally, this rule amendment includes updates to the implementation guidelines, and allows staff to modify those guidelines to streamline any implementation issues as they arise.

California Environmental Quality Act
Pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15002(k) and 15061, the proposed project (PAR 2202) is exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3) and 15306. Further, there is no substantial evidence indicating that any of the exceptions to the categorical exemption set forth in CEQA Guidelines Section 15300.2 apply to the proposed project. A Notice of Exemption will be prepared pursuant to CEQA Guidelines Section 15062, and if the proposed project is approved, the Notice of Exemption will be filed with the county clerks of Los Angeles, Orange, Riverside, and San Bernardino counties, and with the State Clearinghouse of the Governor’s Office of Planning and Research.

Socioeconomic Impact Assessment
Staff estimates that affected worksites would be able to complete the additional data collection and reporting requirements with a minimal amount of labor and time (approximately 10 hours per year). The total additional cost was estimated using the highest hourly wage rate ($38.56) from the typical category of employee responsible for gathering Rule 2202 annual submittal information. With a total of 1,186 regulated worksites in the current Rule 2202 universe, the total additional annual cost estimated from PAR 2202 is estimated to be $457,707 (or $386 per worksite). The annual

10.B.c
Packet Pg. 516 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management -4-
compliance costs are not significant compared to the size of the economy of the South Coast Air Basin area, indicating that the PAR 2202 is expected to have no impacts on the regional economy.

AQMP and Legal Mandates
Health and Safety Code Section 40460(a) requires the South Coast AQMD to adopt an AQMP to meet state and federal ambient air quality standards in the South Coast Air Basin. In addition, the Health and Safety Code requires the South Coast AQMD to adopt rules and regulations that carry out the objectives of the AQMP. PAR 2202 is consistent with mobile source control measure MOB-14 in the South Coast AQMD’s 2022 AQMP, which proposes to reduce emissions by evaluating potential amendments to Rule 2202.

Implementation and Resource Impact
Existing South Coast AQMD resources will be used to implement PAR 2202.

Attachments
A. Summary of Proposal
B. Key Issues and Responses
C. Rule Development Process
D. Key Contacts List
E. Resolution
F. PAR 2202
G. Rule 2202 Implementation Guidelines
H. Rule 2202 Employee Commute Reduction Program (ECRP) Guidelines I. Final Staff Report
J. Notice of Exemption from CEQA
K. Board Presentation

10.B.c
Packet Pg. 517 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management

ATTACHMENT A

SUMMARY OF PROPOSAL
Proposed Amended Rule 2202 – On-Road Motor Vehicle Mitigation Options Collect new data to inform Phase 2 Rulemaking (reporting requirements start January 1, 2025) • New data reporting required from all worksites:
▪ Vehicle Miles Traveled (VMT), as specified below:
✓ Employers conducting an AVR survey (approximately 45% of worksites):
o Employees to anonymously report distance from home to the worksite on the AVR survey form (some worksites do this already) ✓ Employers not conducting a survey may use payroll/HR records:
o Employee anonymous home zip codes provided to calculate approximate VMT from home to worksite address
▪ Telecommuting Practices worksheet
✓ All worksites required to report, using an additional page of the compliance packet, information including but not limited to:
o Number of employees telecommuting
o Worksite telecommuting policy (if available) and number of employees eligible to telecommute
o Business Type/Classification (select from a list of industry categories based on NAICS codes)
Administrative cleanup/streamlining for rule implementation • Guidance document revisions
▪ Updated/added definitions
▪ Reporting requirements for telecommuting and VMT
▪ Specific Employee Commute Reduction Program strategies updated ▪ Training requirement for sites that conduct a survey
▪ Update AVR survey form and compliance documents
▪ Additional administrative clarifications

10.B.c
Packet Pg. 518 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management

ATTACHMENT B

KEY ISSUES AND RESPONSES
Proposed Amended Rule 2202 – On-Road Motor Vehicle Mitigation Options Staff worked to address and resolve issues raised by stakeholders throughout the rule development process. These issues have been addressed either through proposed rule language, proposed guidelines language, or through clarifications added in the staff report. There are two remaining potential issues.

Concern about potential changes in a future, second phase of rulemaking Some stakeholders have expressed concern about potential future amendments to Rule 2202, such as potential inclusion of Vehicle Miles Travelled compliance targets, modifying the use of credits, etc.

Staff Response:

Staff recognizes the potential significance of this second phase of rulemaking. This first proposed amendment is primarily designed to collect additional data from regulated worksites to help inform the second phase of rulemaking. The issues that have been raised by stakeholders for future rulemaking are important considerations and will be addressed during the public process for the second phase. That process is expected to take a longer period of time in order to allow time for stakeholder engagement on these more substantive issues.

Concern about implementation of first phase of rulemaking Some stakeholders have stated that more time is needed to implement the current proposed amendment, and that implementation may present challenges when considering the existing reporting requirements in the rule. For example, 3
rd party software could require significant
upgrades and many facilities could reduce how much information is reported to county transportation commissions through their software that is then used for their rideshare programs (e.g., if worksites choose different compliance options that don’t require surveys in response to new reporting requirements).

Staff Response:

The deadline for reporting was extended in PAR 2202 to allow a full year before new reporting is required. This additional time was added to allow more time for stakeholders to implement any changes, while also balancing the need to begin the next phase of rulemaking soon. Additionally, staff will focus on streamlining any potential reporting, for example by keeping new requirements as a standalone form that is easier to add into software rather than revising existing forms. In addition, the proposed amendments are designed to leverage existing reporting approaches to the maximum extent feasible, and are not anticipated to change how worksites comply with the rule. The proposed amendments are not intended nor expected to reduce the

10.B.c
Packet Pg. 519 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management number of sites that survey their employees. Finally, PAR 2202 allows the Executive Officer to update the implementation guidelines in order to allow staff to quickly make administrative changes to facilitate streamlined reporting.

10.B.c
Packet Pg. 520 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management

ATTACHMENT C

RULE DEVELOPMENT PROCESS
Proposed Amended Rule: 2202 – On-Road Motor Vehicle Mitigation Options Eight (8) months spent in rule development
Four (4) Working Group Meetings
One (1) Public Workshop
One (1) Mobile Source Committee Meeting
Initiated Rule Development: January 2023
Working Group Meetings (4): February 23, 2023, March 22, 2023, May 3, 2023, May 31, 2023
75-Day Public Workshop Notice: May 19, 2023
Mobile Source Committee Briefing: May 19, 2023
Set Public Hearing: June 2, 2023
Public Workshop: June 20, 2023
30-Day Notice of Public Hearing: July 5, 2023
Public Hearing: August 4, 2023

10.B.c
Packet Pg. 521 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management

ATTACHMENT D

KEY CONTACTS LIST
• California Air Resources Board (CARB)
• City of Santa Monica
• Innovative Transportation Demand Management Solutions (ITS) • Los Angeles County Metropolitan Transportation Authority (LA Metro) • Market-Based Solutions, Inc.
• Orange County Transportation Authority (OCTA)
• Riverside County Transportation Commission (RCTC)
• San Bernardino County Transportation Authority (SBCTA) • Southern California Association of Governments (SCAG)

10.B.c
Packet Pg. 522 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management

ATTACHMENT E
RESOLUTION NO. 23 - ________
A Resolution of the South Coast Air Quality Management District (South Coast AQMD) Governing Board determining that Proposed Amended Rule 2202 – On-Road Motor Vehicle Mitigation Options is exempt from the requirements of the California Environmental Quality Act (CEQA).

A Resolution of the South Coast AQMD Governing Board amending Rule 2202 – On-Road Motor Vehicle Mitigation Options.

WHEREAS, the South Coast AQMD Governing Board finds and determines that Proposed Amended Rule 2202 is considered a “project” as defined by CEQA; and
WHEREAS, the South Coast AQMD has had its regulatory program certified pursuant to Public Resources Code Section 21080.5 and CEQA Guidelines Section 15251(l) and has conducted a CEQA review and analysis of the proposed project pursuant to such program (South Coast AQMD Rule 110); and WHEREAS, the South Coast AQMD Governing Board finds and determines after conducting a review of the proposed project in accordance with CEQA Guidelines Section 15002(k) – General Concepts, the three-step process for deciding which document to prepare for a project subject to CEQA, and CEQA Guidelines Section 15061 – Review for Exemption, procedures for determining if a project is exempt from CEQA, that Proposed Amended Rule 2202 is exempt from CEQA; and WHEREAS, the South Coast AQMD Governing Board finds and determines that because Proposed Amended Rule 2202 contains additional data collection requirements to analyze employee commute activity to inform future rule amendments, minor revisions and clarifications and will not require physical modifications, it can be seen with certainty that there is no possibility that the proposed project may have any significant effects on the environment, and is therefore, exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption; and WHEREAS, the South Coast AQMD Governing Board finds and determines that the proposed project involves data collection activities which would not result in a serious or major disturbance to an environmental resource and which are categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 – Information Collection; and

10.B.c
Packet Pg. 523 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 2 WHEREAS, the South Coast AQMD Governing Board has determined that there is no substantial evidence indicating that any of the exceptions to the categorical exemption apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 – Exceptions; and
WHEREAS, South Coast AQMD staff has prepared a Notice of Exemption for the proposed project, that is completed in compliance with CEQA Guidelines Section 15062 – Notice of Exemption; and
WHEREAS, Proposed Amended Rule 2202 and the August 4, 2023, Governing Board Letter, including Notice of Exemption, Final Staff Report, and other supporting documentation, were presented to the South Coast AQMD Governing Board and the South Coast AQMD Governing Board has reviewed and considered this information, as well as has taken and considered staff testimony and public comment prior to approving the project; and
WHEREAS, the South Coast AQMD Governing Board finds and determines, taking into consideration the factors in section (d)(4)(D) of the Governing Board Procedures (codified as section 30.5(4)(D)(i) of the Administrative Code), that any modifications to Proposed Amended Rule 2202 since the Notice of Public Hearing was published, are not so substantial as to significantly affect the meaning of Proposed Amended Rule 2202 within the meaning of Health and Safety Code section 40726 because the changes are to clarify rule language and: (a) the changes do not impact emission reductions, (b) the changes do not affect the number or type of sources regulated by the rule, (c) the changes are consistent with the information contained in the Notice of Public Hearing, and (d) the consideration of the range of CEQA alternatives is not applicable because Proposed Amended Rule 2202 is exempt from CEQA; and WHEREAS, Health and Safety Code Section 40727 requires that prior to adopting, amending or repealing a rule or regulation, the South Coast AQMD Governing Board shall make findings of necessity, authority, clarity, consistency, non-duplication, and reference based on relevant information presented at the public hearing and in the Final Staff Report; and
WHEREAS, the South Coast AQMD Governing Board has determined that the Socioeconomic Impact Assessment of Proposed Amended Rule 2202 is consistent with the March 17, 1989, Governing Board Socioeconomic Resolution for rule adoption; and
WHEREAS, the South Coast AQMD Governing Board has determined that the Socioeconomic Impact Assessment is consistent with the provisions of Health and Safety Code Sections 40440.8 and 40728.5; and

10.B.c
Packet Pg. 524 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 3 WHEREAS, the South Coast AQMD Governing Board has determined that Proposed Amended Rule 2202 will result in increased costs to the affected industries, yet considered to be reasonable, with a total annualized cost as specified in the Final Staff Report; and
WHEREAS, the South Coast AQMD Governing Board has actively considered the Socioeconomic Impact Assessment and has made a good faith effort to minimize such impacts; and
WHEREAS, the South Coast AQMD Governing Board obtains its authority to adopt, amend, or repeal rules and regulations from Health and Safety Code Sections 39002, 40000, 40001, 40440, 40702, 40716, 40717, 40725 through 40728, and 41508; and
WHEREAS, the South Coast AQMD Governing Board has determined that a need exists to amend Rule 2202 in order to collect Vehicle Miles Traveled (VMT) data, telecommute activity, and business type/classification from regulated worksites which will be utilized to inform potential future Rule 2202 amendments; the South Coast AQMD Governing Board has determined that a need exists to include minor administrative changes and updates to the associated Rule 2202 guidance documents; and WHEREAS, the South Coast AQMD Governing Board has determined that the proposed amendments to Rule 2202 are written and displayed so that the meaning can be easily understood by persons directly affected by it; and WHEREAS, the South Coast AQMD Governing Board has determined that Rule 2202, as proposed to be amended, is in harmony and not in conflict with or contradictory to, existing federal or state statutes, court decisions, or regulations; and WHEREAS, the South Coast AQMD Governing Board has determined that Rule 2202, as proposed to be amended, does not impose the same requirements as any existing state or federal regulation, and the proposed amended rule is necessary and proper to execute the powers and duties granted to, and imposed upon, the South Coast AQMD; and
WHEREAS, the South Coast AQMD Governing Board has determined that Proposed Amended Rule 2202 references the following statutes which the South Coast AQMD hereby implements, interprets or makes specific: Health and Safety Code Sections 40001(a) and (b) (air quality standards and air pollution episodes), 40440 (adoption of rules and regulations), 40701 (rules regarding South Coast AQMD’s authority to collect information), 40702 (adoption of rules and regulations), and 40440 (rules and regulations to carry out the air quality management plan , 40717 (indirect source measures and transportation control measures), and 41511 (regarding South Coast AQMD’s authority to collect information); and

10.B.c
Packet Pg. 525 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 4 WHEREAS, a public workshop was held in accordance with all provisions of law; and
WHEREAS, a public hearing has been properly noticed in accordance with all provisions of Health and Safety Code Section 40725; and WHEREAS, the South Coast AQMD Governing Board has held a public hearing in accordance with all provisions of law; and
WHEREAS, the South Coast AQMD Governing Board has determined the proposed amendments to Rule 2202, should be adopted for the reasons contained in the Final Staff Report, and
WHEREAS, the proposed amendments to Rule 2202 will not be submitted for inclusion into State Implementation Plans; and
NOW, THEREFORE, BE IT RESOLVED, that the South Coast AQMD Governing Board does hereby determine, pursuant to the authority granted by law, that the proposed project (Proposed Amended Rule 2202) is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption. The proposed project contains action items that are also categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 – Information Collection. No exceptions to the application of the categorical exemption set forth in CEQA Guidelines Section 15300.2 – Exceptions, apply to the proposed project. This information was presented to the South Coast AQMD Governing Board, whose members exercised their independent judgment and reviewed, considered and approved the information therein prior to acting on the proposed project; and
BE IT FURTHER RESOLVED, that the South Coast AQMD Governing Board does hereby adopt, pursuant to the authority granted by law, Proposed Amended Rule 2202, as set forth in the attached, and incorporated herein by reference. _________________ ___________________________________

DATE CLERK OF THE BOARDS

10.B.c
Packet Pg. 526 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management

ATTACHMENT F
(Adopted December 8, 1995)(Amended March 8, 1996)
(Amended November 8, 1996)(Amended October 9, 1998)
(Amended January 11, 2002)(Amended February 6, 2004)
(Amended June 6, 2014)(Proposed Amendment August 4, 2023) PROPOSED AMENDED RULE 2202 - ON-ROAD MOTOR VEHICLE MITIGATION

OPTIONS
(a) Purpose
The purpose of this Rule is to provide eEmployers with a menu of options to reduce mobile source emissions generated from eEmployee commutes, to comply with federal and state Clean Air Act requirements, Health & Safety Code Section 40458, and Section 182(d)(1)(B) of the federal Clean Air Act.
(b) Applicability
Effective June 19, 1998, this Rule applies to any eEmployer who employs 250 or more eEmployees on a full or part-time basis at a Wworksite for a consecutive sixmonth period calculated as a monthly average, except as provided in subdivision (l) of this Rule. Effective February 6, 2004, eEmployers shall notify the District within 30 days when they become subject to Rule 2202 or no longer qualify for the eEmployee threshold exemption pursuant to paragraph (l)(1). Employers shall have 90 days from the date of notifying the District to comply with provisions of this Rule.
(c) Sunset Provision
This Rule shall be rescinded, at such time that a replacement measure is implemented which produces an equivalent level of emission reductions and such emission reductions are real, quantifiable, enforceable, and surplus relative to the most recently adopted state implementation plan.
(d) Definitions
For the purpose of this Rule, the following definitions shall apply:
(1) AIR QUALITY INVESTMENT PROGRAM (AQIP) is an emission reduction option, in which monies collected by the District from eEmployers are used to fund programs or purchase emission reductions that have been approved by the District’s Governing Board. (2) AREA SOURCE CREDITS (ASCs) are emission credits, issued pursuant to Regulation XXV -– Intercredit Trading.

10.B.c
Packet Pg. 527 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 (cont.) (Proposed Amended August 2023
Amended June 6, 2014)
2202-2
(3) AVERAGE VEHICLE RIDERSHIP (AVR) is the current number of Eemployees scheduled to report to work during the window for calculating AVR divided by the number of vehicles arriving at the Wworksite during the same window.
(3)(4) BUSINESS TYPE/CLASSIFICATION is the activity type that classifies the primary nature of work conducted at the Worksite. (4)(5) DISABLED EMPLOYEE means an individual with a physical impairment that prevents the Eemployee from traveling to the Wworksite by means other than a single-occupant vehicle. (5)(6) EMISSION REDUCTION CREDITS (ERCs) are as defined in subdivision (l) of Rule 1302 – Definitions and also includes the permanent credit issued under Rule 1309(f)(1).
(6)(7) EMISSION REDUCTION TARGET (ERT) is the annual VOC, NOx, and CO emissions required to be reduced based on the number of Eemployees per Wworksite and the Eemployee Eemission Rreduction Ffactor, determined in accordance with the provisions of subdivision (e) of this Rrule.
(7)(8) EMPLOYEE is any person Eemployed by a person(s), firm, business, educational institution, non-profit agency or corporation, government or other entity. The term exempts the following in accordance with the Rule 2202 - Definitions: seasonal Eemployees; temporary Eemployees; Vvolunteers; Ffield Ppersonnel; Ffield Cconstruction Wworkers; and Iindependent Ccontractors.
(9) EMPLOYEE COMMUTE REDUCTION PROGRAM (ECRP) is a
compliance option that allows Employers the ability to choose and implement various rideshare strategies included in the ECRP Guidelines at the Worksite.
(10) EMPLOYEE TRANSPORTATION COORDINATOR (ETC) is an
individual who has completed a South Coast AQMD certified training course and has been appointed to develop, market, administer, and monitor the Worksite’s chosen Rule 2202 compliance option. (8)(11)EMPLOYER is any person(s), firm, business, educational institution, non-profit agency or corporation, government agency, or other entity that employs 250 or more Eemployees. Several subsidiaries or units that occupy the same work site and report to one common governing board or governing entity or that function as one corporate unit are considered to be one Eemployer.

10.B.c
Packet Pg. 528 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 (cont.) (Proposed Amended August 2023
Amended June 6, 2014)
2202-3
(9)(12) FEDERAL FIELD AGENT means any Eemployee who is employed by any federal entity whose main responsibility is National Security and performs field enforcement and/or investigative functions. This does not include Eemployees in non-field or non-investigative functions. (10)(13) FIELD CONSTRUCTION WORKER means an Eemployee
who reports directly to work at a construction site.
(11)(14) FIELD PERSONNEL means Eemployees who spend 20% or less of their work time, per week, at the Wworksite and who do not report to the Wworksite during the peak period for pick-up and dispatch of an Eemployer-provided vehicle.
(12)(15) INDEPENDENT CONTRACTOR means an individual who enters into a direct written contract or agreement with an Eemployer to perform certain services and is not on the Eemployer's payroll. (13)(16) INTER-POLLUTANT CREDITING means the use of emission credits of one type of pollutant that may be used in lieu of another type of pollutant.
(14)(17) LOW-INCOME EMPLOYEE means an individual whose salary is equal to or less than the current individual income level set in the California Code of Regulations, Title 25, Section 6932, as lower income for the county in which the Eemployer is based. Higher income Eemployees may be considered to be "low-income" if the Eemployees demonstrate that the program strategy would create a substantial economic burden.
(18) MOBILE SOURCE EMISSION REDUCTION CREDITS (MSERCs)
are emission credits issued pursuant to Regulation XVI - Mobile Source Offset Programs.
(15)(19) MOTOR VEHICLE means a self-propelled vehicle, consistent with California Vehicle Code 415.
(16)(20) NITROGEN OXIDES (NOx) are nitric oxides and nitrogen dioxides, collectively expressed as nitrogen dioxide.
(17)(21) PART-TIME EMPLOYEE means any Eemployee who reports to a Wworksite on a part-time basis fewer than 32 hours per week, but more than four hours per week. These eEmployees shall be included in the Eemployee count for purposes of Rule applicability; and for Average Vehicle Ridership (AVR) calculations of the Eemployer provided the Eemployees report to the Wworksite during the window for calculating AVR.

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(18)(22) PEAK COMMUTE TRIP is any Eemployee trip from home to work occurring for the purpose of reporting to work during the Ppeak Wwindow.
(19)(23) PEAK WINDOW is the period of time, Monday through Friday between the hours of 6:00 AM and 10:00 AM, and used in calculating the Vvehicle Ttrip Eemission Ccredit.
(20)(24) PERFORMANCE ZONE is a geographic area that determines the Eemployee Eemission Rreduction Ffactor for a particular Wworksite pursuant to the map in Attachment I of this Rule. (21)(25) POLICE/SHERIFF means any Eemployee who is certified as a law enforcement officer and is employed by any state, county or city entity. Such Eemployees are only police officers and sheriffs, who perform field enforcement and/or investigative functions. This would not include Eemployees in non-field or non-investigative functions. (26) RECLAIM TRADING CREDIT (RTC) is as defined in paragraph (c)(63) of Rule –2000 - General.
(22)(27) SCHOOL means any public or private School, including juvenile detention facilities with classrooms, used for the education of more than 12 children at the School in kindergarten through grade 12. School also means an Early Learning and Developmental Program by the U.S.

Department of Education or any state or local early learning and development programs such as preschools, Early Head Start, Head Start, First Five, and Child Development Centers. A School does not include any private School in which education is primarily conducted in private homes. The term includes any building or structure, playground, athletic field, or other area of School property.
(23)(28) SCHOOL DISTRICT means a public agency of the state that is a school district of every kind or class except a community college district, and shall include a County Office of Education. (24)(29) SEASONAL EMPLOYEE means a person who is employed for less than a continuous 90-day period or an agricultural Eemployee who is employed for up to a continuous 16-week period.
(25)(30) SHORT TERM EMISSION REDUCTION CREDITS (STERCs) are as defined in subdivision (am) of Rule 1302 – Definitions. (26)(31) STUDENT WORKER means a student who is enrolled and gainfully employed (on the payroll) by an institution. Student workers who work more than four (4) hours per week are counted for Rule

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applicability and if they report during the 6:00 AM - 10:00 AM window are counted for AVR calculation.
(27)(32) TELECOMMUTING occurs when an Employee works from home, off site, a satellite office, or a Telecommuting center which eliminates a commute trip to the Worksite or reduces the commute travel distance by more than 50%.
(28)(33) TEMPORARY EMPLOYEE means any person employed by an employment service or agency that reports to a Wworksite other than the employment agency's Wworksite, under a contractual arrangement with a temporary eEmployer. Temporary Eemployees are only counted as Eemployees of the temporary agency for purposes of Rrule applicability and calculating AVR.
(29)(34) VEHICLE MILES TRAVELED (VMT) means the number of miles traveled one-way by a Motor Vehicle for a Worksite commute trip.
(30)(35) VEHICLE TRIP EMISSION CREDITS (VTEC) are the
emission reductions that result from the reduction of Ppeak Ccommute Ttrips; other work- related trips; or other District approved method; expressed in pounds per year per pollutant, and determined according to the provisions of subdivision (g) of this Rule.
(31)(36) VOLATILE ORGANIC COMPOUND (VOC) is any volatile compound of carbon, excluding: methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, ammonium carbonate, and exempt compounds as defined in Rule 102 – Definition of Terms.
(32)(37) VOLUNTEER means any person(s) at a Wworksite who, of their own free will, provides goods or services, without any financial gain. (33)(38) WORKSITE means a structure, building, portion of a building, or grouping of buildings that are in actual physical contact or are separated solely by a private or public roadway or other private or public right-of-way, and that are occupied by the same Eemployer. Employers may opt to treat more than one structure, building or grouping of buildings as a single wWorksite, even if they do not have the above characteristics, if they are located within a 2- mile radius and are in the same Performance Zone.
(e) Requirements
An Eemployer subject to this Rule shall annually register with the District to

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implement an emission reduction program, in accordance with subdivisions (f) and (g), that will obtain emission reductions equivalent to a Wworksite specific Eemission Rreduction Ttarget (ERT) specified for the compliance year. The annual ERT shall be determined according to the following equation, for VOC, NOx, and CO, based on Eemployee Eemission Rreduction Ffactors specified in paragraph (m)(1) of this Rule.
[
Emission
Reduction
Target
(lbs⁄year)
] = [[Employees] × [
Employee Emission
Reduction Factor
]] − [
Vehicle Trip
Emission Credit]
Where:

Employees = Average daily number of Eemployees reporting to work in the Peak Window for a typical Monday through
Friday period excluding those weeks which include a
national holiday.

Employee Emission
Reduction Factor
= Determined by year of the registration submittal and the Wworksite Performance Zone in paragraph (m)(1) of
this Rrule.

Vehicle Trip
Emission Credits
= Determined according to subdivision (g) of this Rrule.

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(f) On-Road Vehicle Mitigation Options
To comply with subdivision (e), Eemployers may elect to use credits issued pursuant to one or more of the following emission reduction options to meet their Emission Reduction Target (ERT):
(1) Mobile Source Emission Reduction Credits (MSERCs)
Any Employer person may elect to use Mobile Source Emission Reduction Credits that were issued in accordance with the provisions of Regulation XVI.
(2) Emission Reduction Credits (ERCs)
Any Employer person may elect to use Emission Reduction Credits (ERCs) issued in accordance with the provisions of Regulation XIII New Source Review, provided that such credits were approved for transfer into the Rule 2202 program prior to June 6, 2014. ERCs transferred into the Rule 2202 program shall be subject to annual discounting in accordance with the Rule 2202 - On-Road Motor Vehicle Mitigation Options Implementation Guidelines.
(3) Short Term Emission Reduction Credits (STERCs) from Stationary Sources Any Employer person may elect to use Short Term Emission Reduction Credits (STERCs) in accordance with the provisions of Regulation XIII, provided such credits were generated from sources after January 1, 1996. (4) Area Source Credits (ASCs)
Any Employer person may elect to use Area Source Credits that were issued in accordance with the provisions of Regulation XXV.
(5) Air Quality Investment Program (AQIP)
Employers may participate in the AQIP by submitting an air quality investment, to be placed in a restricted fund, in accordance with Rule 311 – Air Quality Investment Program (AQIP) Fees.

The District shall use these funds to obtain an emission reduction or air quality benefit that is equivalent to the sum of the ERTs for all participating eEmployers in the AQIP.
(6) Other Emission Reduction Strategies
Notwithstanding the foregoing provisions, any Employer person may receive credit toward an ERT for any emission reduction strategy that the Eemployer or other person demonstrates to the Executive Officer achieves real, quantifiable, enforceable, and surplus emission reductions for a discrete period of time. Such strategies may include, but are not limited to, the reduction of non-work trips, other vehicle or engine accelerated turnover

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programs, the provision of new vehicle purchase subsidies or discounts, and local community or development projects that reduce trip or energy demand or that expand clean fuel or high-occupancy travel options. The Executive Officer shall not approve an alternative emission reduction program unless it is consistent with other District regulations and the Rule 2202 - On-Road Motor Vehicle Mitigation Options Implementation Guidelines. (7) Employee Commute Reduction Program (ECRP)
Any Employer may elect to implement an ECRP that demonstrates conformance with the ECRP Guidelines. Employers must annually submit a program that will meet an Average Vehicle Ridership (AVR) performance requirement of 1.75 for Performance Zone 1; 1.5 for Performance Zone 2; and 1.3 for Performance Zone 3, unless the following conditions are met:
(A)Employers surrender the difference in emission reductions between the Worksite AVR and the Performance Zone requirement through participation in the Air Quality Investment Program (AQIP) or surrendering of equivalent emission credits in accordance with the provisions of subdivisions (f) or (g); or
(B) Employers comply with the good faith effort determination elements described in the ECRP Guidelines. All approved good faith effort elements shall be maintained during the plan compliance year. Deletion or substitution of any good faith effort element is not allowed unless approved in writing by the District.

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(g) Vehicle Trip Emission Credits (VTEC)
Employers may elect to implement any of the following strategies and obtain vehicle trip emission credits that can be used to comply with subdivision (e). Such actions are at the sole discretion of the Eemployer.
(1) Peak Commute Trip Reductions
Employers may receive VTEC from Eemployee commute reductions that occur during the Ppeak window in accordance with the Rule 2202 - OnRoad Motor Vehicle Mitigation Options Implementation Guidelines. VTEC obtained from Ppeak Ccommute Ttrip reductions shall be determined according to the following equation:

VTEC = [
Creditable Commute
Vehicle Reductions (CCVR)
] × [
Emission
Factor (EF)
]
Where:

CCVR = The daily average of total commute vehicle reductions that are real, surplus, and quantifiable.

EF = Annual Emission Factor (pounds/year/daily commute
vehicle).

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In calculating VTEC for the subsequent year, Eemployers may utilize data from previous years obtained by one of the following methods:
(A) Default data based on the weighted average of the aAverage vVehicle rRidership survey data of the previous three consecutive years; or
(B) Data obtained by conducting an Aaverage Vvehicle Rridership survey in accordance with the Rule 2202 - Employee Commute Reduction Program Guidelines; or
(C) Data based on the default Aaverage Vvehicle Rridership of 1.10; or (D) Data obtained by an alternative methodology, which may include documentation of the CCVR claimed, approved by the Executive Officer or designee.
(2) Other Work-Related Trip Reductions
Employers may receive additional VTEC from Eemployee commute reductions that occur outside of the Ppeak Wwindow or from non-commute vehicle usage calculated as creditable trip reductions and approved by the Executive Officer or designee. VTEC obtained from other work-related trip reductions shall be determined according to the following equation:

VTEC = [
Creditable Trip Reductions (CTR)
Conversion Factor (CF)
] × [Emission Factor (EF)]
Where:

CTR = The daily average of one-way trip reductions that are real, surplus, and quantifiable. A round trip is considered to be two one-way trips.

CF = 2.0 for Peak Window trips; 2.3 for other trips.

EF = Annual Emission Factor (pounds/year/daily commute
vehicle).
(3) Vehicle Miles Traveled (VMT) Reduction Programs
Subject to approval of the Executive Officer or designee, Eemployers may elect to implement VMT reduction programs and receive VTEC towards their ERT. Reduction of annual Eemployee commute VMT may result from employment center relocation, video-conference centers, Ttelecommuting centers or other alternative programs approved by the Executive Officer or designee. The Executive Officer shall not offer any VTEC for a VMT reduction program unless it includes baseline VMT estimates and demonstrates that VMT reductions result in real, quantifiable, enforceable,

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and surplus emission reductions.
(4) Parking Cash-Out Program
Employers may elect to implement a Parking Cash-Out Program to reduce employee commutes and receive VTEC toward their ERT. Parking CashOut is a program where an Eemployer offers to provide a cash allowance to an Eemployee, equivalent to the parking subsidy that the eEmployer would otherwise pay to provide the Eemployee with a parking space.

Incorporation of the Parking Cash-Out Program as one of the options in Rule 2202, does not relieve the affected parties from complying with the provisions of the Health and Safety Code section 43845. (h) General Emissions Credit Provisions
The following provisions shall apply to any of the strategies in subdivisions (f) and (g):
(1) An Eemployer or other person seeking credit under this Rule may use actual annual mileage per vehicle, or alternative estimates of vehicle miles traveled (VMT) contained in Rule 2202 - On-Road Motor Vehicle Mitigation Options Implementation Guidelines.
(2) Emission credit strategies that do not provide the precise amount of surplus emission reductions required for each of the three pollutants addressed by this Rule (VOC, NOx, and CO) may still qualify for equivalent credit if the Eemployer provides equivalent credits obtained pursuant to paragraph (h)(3).
(3) Any person holding emission credits, other than vehicle trip emission credits (VTEC), pursuant to this Rule may trade some or all of those credits to other Eemployers.
(4) Emission credits issued pursuant to paragraphs (f)(13), (f)(24), (f)(35), and (f)(46) that have been transferred into the Rule 2202 program, shall not be used to comply with or meet the requirements of any other District rule or program, with the exception of ERCs pursuant to paragraph (f)(24), for which the original ERC certificate may be transferred out of the Rule 2202 program at any time in accordance with the following conditions:
(A) None of the original ERC certificate has ever been used in any discrete year to comply with any requirement of this rule since the initial transfer into the Rule 2202 program;
(B) The applicant submits an application for transfer and applicable fees, and receives approval of the Executive Officer, based on a determination that none of the original ERC certificate has been

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used. Upon approval by the Executive Office and reissuance of an ERC certificate, the ERCs may be used in any District program authorizing use of such ERCs except Rule 2202; and,
(C) The amount of ERC certificate to be reissued in pounds per day shall be based on the amount that was transferred into Rule 2202 minus the 10% originally discounted when the ERC was initially transferred into the program.
(5) All emission credits submitted pursuant to subdivision (f) must be valid for a minimum of six (6) months of the Eemployer's registration compliance year. This provision shall not apply to emission credits generated from projects approved or submitted prior to February 6, 2004. (6) An Eemployer may apply inter-pollutant crediting, using VOC or NOx emission credits issued pursuant to subdivision (f), in lieu of all or part of a Wworksite's CO emission reduction target in accordance with the Rule 2202 Implementation Guidelines and the following crediting ratios:
1 pound of VOC = 10 pounds of CO
1 pound of NOx = 6 pounds of CO
(7) Emission credits issued pursuant to paragraph (f)(6), but not used in the Rule 2202 program, shall not be used to comply with or meet the requirements of any other District source specific rule unless otherwise authorized by other District rules or programs.
(8) Emission Reduction Credits (ERCs), as defined in paragraph (d)(5), on or after June 6, 2014, cannot be transferred into the Rule 2202 program. (9) Reclaim Trading Credits (RTCs), on or after June 6, 2014, cannot be transferred into the Rule 2202 program.
(10) Upon rescission of this Rule, any unused emission credits, with the exception of ERCs, may be applied to other emission reduction programs pursuant to and consistent with District rules and regulations. ERCs assigned to, or designated for use in the Rule 2202 program shall be permanently retired and will no longer be available for use unless otherwise specified in paragraph (h)(4).
(i) Program Administration
Rule 2202 shall be administered according to the following:
(1) Employers shall annually register with the District to implement an Emission Reduction Program one or more of the emission reduction options in subdivision (f) for each Wworksite. The registration shall include the following information:

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(A) The name of the highest ranking company official, the name of the contact person, company address, telephone numbers for all participating Wworksites;
(A)(B) Effective September 1, 2024January 1, 2025, Business Type/Classification as detailed in the Rule 2202 Implementation Guidelines and ECRP Guidelines;
(B)(C) The on-road vehicle mitigation option(s) that will be used; (C)(D) The total number of eEmployees that report to work in the Ppeak Wwindow;
(E) The total number of eEmployees at that Wworksite; and, (F) Effective September 1, 2024January 1, 2025, the VMT of employees arriving at the Worksite as detailed in the Rule 2202 Implementation Guidelines or ECRP Guidelines;
(D)(G) Effective September 1, 2024January 1, 2025, information on Telecommuting practice as detailed in the Rule 2202 Implementation Guidelines or ECRP Guidelines; and,
(E)(H) Calculations for VOC, NOx, and CO emission reductions for any of the on-road vehicle mitigation options in subdivision (f) or the vehicle trip emission credit options in subdivision (g). (2) Annual registration shall include changes in employment base and any other changes that would necessitate adjustment in emission reduction targets or program implementation.
(3) Annual registration due dates shall remain permanent unless a formal request to change the due date has been submitted by the eEmployer and approved in writing by the District.
(4) The approved Rule 2202 Registration shall remain in effect until the next annual registration due date.
(5) Effective September 1, 2024January 1, 2025, Employers must designate an Employee Transportation Coordinator (ETC) if the Worksite will be conducting and submitting an AVR survey as part of their annual plan submittal. The designated ETC must successfully complete a South Coast AQMD ETC training and certification course.
(3)(6) Employers may request to amend their Emission Reduction Program at any time and implement the amendments with written approval of the Executive Officer subject to the criteria contained in paragraph (i)(1). (4)(7) Rather than registering with the District for each individual Wworksite, an eEmployer may submit a single registration to implement an Emission

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Reduction Program that meets the aggregated ERT of several sites. (5)(8) Emission credits obtained pursuant to subdivision (f) or (g) shall be surrendered to the Executive Officer within the first six months of the approval of the registration forms. The Executive Officer may grant extensions not to exceed six months on a case-by-case basis upon a finding that earlier compliance would present an unreasonable hardship. (6)(9) Records which document the accuracy and validity of all information submitted to the District as required by this Rule shall be kept by the eEmployer for a minimum of three years and made available upon request during normal business hours.
(7)(10) On a semi-annual basis the Executive Officer shall recommend to the District’s Governing Board the release of monies from the AQIP restricted fund. The program shall be administered and consideration of proposals shall be subject to the following:
(A) Proposals shall be accepted on an ongoing basis;
(B) Equal consideration shall be given to cost-effective proposals and those that achieve long-term advancement of mobile source technology;
(C) The amount of emission reductions required to demonstrate equivalent emission reductions shall be determined on a semiannual basis, as the sum of the ERTs for all the participating eEmployers;
(D) Inter-pollutant crediting may be applied toward the CO emission reductions required to demonstrate equivalent emission reductions in subparagraph (i)(8)(C) in accordance with the crediting ratios specified in paragraph (h)(6);
(E) The allocation of funding shall be recommended for proposals that reduce equivalent emissions within each county proportional to the contribution level of eEmployers within each county to the greatest extent feasible; and,
(F) The emissions reductions are demonstrated to be real, quantifiable, enforceable, and surplus, in accordance with the Rule 2202 - OnRoad Motor Vehicle Mitigation Options Implementation Guidelines.
(G) The Executive Officer is authorized to use up to 5% of the AQIP funds collected in any given year for program administration. (8)(11)Registration forms submitted by Eemployers shall be subject to the fee schedule set forth in Rule 308 – On-Road Motor Vehicle Mitigation Options

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Fees and Rule 311 – Air Quality Investment Program (AQIP) Fees.

Employers choosing to implement the Employee Commute Reduction Program under paragraph (l)(3) shall be subject to the fee schedule set forth in Rule 308.
(9)(12) Any Eemployer subject to Rule 2202 or to the exemptions of paragraph (l)(3) of this Rule shall comply with the requirements of Rule 701 – Air Pollution Emergency Contingency Actions.
(10)(13) All registrations submitted pursuant to subdivision (e) and projects subject to paragraphs (f)(5) and (f)(6) shall be subject to the emission factors under which they were originally approved, funded, or implemented. (11)(14) Any person submitting a project pursuant to paragraph (f)(6) shall submit an application as described in the Rule 2202 Implementation Guidelines and shall be subject to the fee schedule set forth in Rule 308 – On-Road Motor Vehicle Mitigation Options Fees.
(12)(15) All emission credit transfers to non-Rule 2202 Eemployers or any transfer of credits outside of the credit submittal cycle shall be subject to the applicable fee schedule set forth in Regulation III - Fees. (j) Previously Delegated Programs
Any Eemployer that is in compliance with an ordinance adopted by a local government that has a trip reduction ordinance that was approved by the District prior to the effective date of this Rrule, and that has an existing memorandum of agreement with the District, shall be deemed in compliance with this Rule. (k) Delegation to Local Governments
The District may delegate authority to implement all or part of Rule 2202, except for the provisions of paragraph (f)(52), to any local government that satisfies the following criteria:
(1) The local government adopts an ordinance that is at least as stringent as Rule 2202 in the following areas:
(A) Applicability;
(B) Emission reductions target;
(C) Vehicle trip emission credit calculations;
(D) Annual registration; and
(E) Recordkeeping.
(2) The local government demonstrates to the satisfaction of the Executive Officer that:
(A) It has an implementation plan providing adequate resources to adopt

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and enforce the ordinance; and
(B) Multiple site Eemployers with more than one regulated Wworksite in the District have the option of complying with the District Rule instead of the local ordinance.
(3) The local government has executed a Memorandum of Understanding with the Executive Officer specifying the procedures to monitor and review performance of the local government in implementing the program, and procedures for revocation of delegation if the Executive Officer determines that performance of the local government is inadequate. (l) Exemptions
(1) Employee Threshold
Any Eemployer whose Eemployee population at the Wworksite decreases to fewer than 250 Eemployees for the prior consecutive six month period, calculated as a monthly average; or fewer than 33 Eemployees are scheduled to report to work Monday through Friday between 6:00 a.m. – 10:00 a.m. for the prior consecutive 90 days, may submit a written request to the Executive Officer or designee to be exempted from this Rrule.

Employers must submit a registration form not later than 90 days after they know or should have known that they no longer qualify for this exemption. (2) Declared Bankruptcy
An Eemployer who has declared bankruptcy, for the official business or governmental operations of its organization or company, through a judicial court filing and confirmation process, may submit a written request to the Executive Officer to grant a temporary waiver from complying with the requirements of this Rrule. Upon demonstration of the filing and confirmation of bankruptcy, the Executive Officer will grant an exemption for the duration of bankruptcy, not to exceed two years, from the date of the waiver.
(3) Employee Commute Reduction Program
Rather than comply with the provisions of subdivision (e) of this Rule, employers may elect to implement an employee commute reduction program that demonstrates conformance with the Employee Commute Reduction Program Guidelines. Effective January 1, 2005, employers must annually submit a program that will meet an average vehicle ridership performance requirement of 1.75 for Performance Zone 1; 1.5 for Performance Zone 2; and 1.3 for Performance Zone 3, unless the following conditions are met:

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(A) Employers surrender the difference in emission reductions between the worksite average vehicle ridership and the Performance Zone requirement through participation in the Air Quality Investment Program (AQIP) or surrendering of equivalent emission credits in accordance with the provisions of subdivisions (f) or (g); or (B) Employers comply with the good faith effort determination elements described in the Employee Commute Reduction Program
Guidelines. All approved good faith effort elements shall be maintained during the plan compliance year. Deletion or substitution of any good faith effort element is not allowed unless approved in writing by the District. (4) Renewal Date
(A) Employee Commute Reduction Program shall be submitted annually.
(B) The currently approved Rule 2202 Registration shall remain in effect until the annual renewal date.
(C) Program annual due dates shall remain permanent unless a formal written request to change the due date has been submitted by the employer and approved in writing by the District.
(5)(3) Primary and Secondary School Districts and Schools Any public or private primary or secondary school district or school that buses two students for every one Ppeak Wwindow Eemployee at Wworksites subject to the Rule is exempt from Rule 2202, according to the following criteria:
(A) School districts and sSchools shall keep records demonstrating the maintenance of this ratio on-site and make them available upon request by the Executive Officer or designee; and
(B) On a case-by-case basis, the Executive Officer or designee may approve a request by a sSchool district or sSchool to modify the default student-to-eEmployee ratio to reflect location, trip length and other sSchool district or sSchool specific busing program characteristics in order to maintain equivalency with emission reductions which would occur if the district or sSchool met its emission reduction goals under Rule 2202; and
(C) The Executive Officer may periodically update and publish the default student-to-eEmployee ratio to reflect changes to revised emission factors published by the California Air Resources Board.

School districts and sSchools may opt not to be exempt but to

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implement a Rule 2202 program and claim credit for surplus emission credits earned through a student busing program and other Rule 2202 compliance options.
(6)(4) Primary and Secondary School District Financial Hardship Due to their financial hardship, notwithstanding the criteria of paragraph (l)(35), sSchool districts that have received a Negative or Qualified Certification status from their County Board of Education pursuant to Chapter 6, Part 24 of Division 3 of the Education Code, deeming that based upon current projections the sSchool district or county office of education will not or may not meet its financial obligations, may request the Executive Officer to grant a temporary exemption from the requirements of the Rule.

The Executive Officer shall grant a temporary exemption for the period during which the Negative or Qualified Certification status applies. (7)(5) Police/Sheriff/Federal Field Agents
Employers may exclude Police, Sheriff, or Federal Field Agents from the number of Eemployees in the Ppeak Wwindow for Aaverage Vvehicle Rridership surveys provided that:
(A) These Eemployees be included in the Eemployee count for rule applicability, and
(B) Those Wworksites electing to exclude such Eemployees from the Aaverage Vvehicle Rridership surveys and calculations must provide the basic support strategies including, but not limited to, ridematching and transit information for all Eemployees, and preferential parking and guaranteed return trips for said Eemployees who are ridesharing.
(8)(6) Persons subject to this rule who are unable to comply with any part of this rule may apply for a variance with the District's Hearing Board in accordance with Regulation V – Procedure Before the Hearing Board. (m) Emission Factors
The emission factors, which shall be used in calculations pursuant to this Rule, shall be revised upon EPA's final approval for use of the California Air Resources Board (CARB) approved on-road mobile source emission factor (EMFAC) model. (1) The Eemployee emission reduction factors (pounds per year per Eemployee) specified in the Rule 2202 - On-Road Motor Vehicle Mitigation Options Implementation Guidelines shall be used in determining the Emission Reduction Target with respect to the Wworksite Performance Zone. The Performance Zone is determined by the Wworksite

10.B.c
Packet Pg. 544 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 (cont.) (Proposed Amended August 2023
Amended June 6, 2014)
2202-19
location within the geographic boundaries as described in Attachment I of this rule. (2) The default emission factors (pounds per year per daily commute vehicle), specified in the Rule 2202 - On-Road Motor Vehicle Mitigation Options Implementation Guidelines, may be used in determining vehicle trip emission credits.
(3) The emission factors specified in paragraphs (m)(1) and (m)(2) may be modified to site specific emission factors reflecting vehicle age and trip length characteristics of the Eemployee vehicle fleet, in accordance with the calculation procedures included in Rule 2202 - On-Road Motor Vehicle Emissions Mitigation Options Implementation Guidelines. (n) Guidelines
The Executive Officer shall periodically publish updates to the Rule 2202 – OnRoad Motor Vehicle Mitigation Options Implementation Guidelines and the Employee Commute Reduction Program Guidelines.

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Packet Pg. 545 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 (cont.) (Proposed Amended August 2023
Amended June 6, 2014)
2202-20

ATTACHMENT I

PERFORMANCE ZONES
• A Wworksite’s Performance
Zone depends on its location.
• District's Source/Receptor Areas
are shown in Attachment 3 of
Rule 701 - Air Pollution
Emergency Contingency
Actions.
• Zone 1 is the Central City Area
of Downtown Los Angeles
within the District’s
Source/Receptor Area 1.
• Zone 2 corresponds to the
District’s Source/Receptor Areas
1 through 12, 16 through 23, and
32 through 35, excluding the
Zone 1 - Central City Area.
• Zone 3 corresponds to the District’s Source/Receptor Areas 13, 15, 24 through 31, and 36 through 38.

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Packet Pg. 546 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management

ATTACHMENT G
RULE 2202 – ON-ROAD MOTOR VEHICLE MITIGATION OPTIONS

IMPLEMENTATION GUIDELINES
June 6, 2014Proposed August 4, 2023
Deputy Executive Officer
Planning, Rule Development, and Area SourcesImplementation Elaine Chang, DrPHSarah L. Rees, Ph.D.

Assistant Deputy Executive Officer
Planning, Rule Development, and Area SourcesImplementation Philip Fine, Ph.D.Ian MacMillan
Planning and Rules Manager
Transportation ProgramsPlanning, Rule Development, and Implementation Carol A. GomezVicki White
AUTHOR: ERNEST LOPEZ – AIR QUALITY SPECIALIST
NATALIE GONZALEZ – ASSISTANT AIR QUALITY SPECIALIST
CHELSEE OROZCO – ASSISTANT AIR QUALITY SPECIALIST
REVIEWED BY: ANTONIO THOMAS – SENIOR TRANSPORTATION SPECIALIST LANE GARCIA – TRANSPORTATION PLAN REVIEWER
WILLIAM WONG – PRINCIPAL DEPUTY DISTRICT COUNSEL
JEFFREY INABINET – SENIOR STAFF SPECIALIST
JOHN JONES – SENIOR DEPUTY DISTRICT COUNSEL

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Packet Pg. 547 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

GOVERNING BOARD
CHAIR: WILLIAM A. BURKE, Ed.D.

Speaker of the Assembly Appointee
VICE CHAIR: DENNIS YATES
Mayor, Chino
Cities of San Bernardino
MEMBERS: MICHAEL D. ANTONOVICH
Supervisor, Fifth District
Los Angeles County Representative

BEN BENOIT
Mayor Pro Tem, Wildomar
Cities of Riverside County
JOHN J. BENOIT
Supervisor, Fourth District
Count of Riverside

JOE BUSCAINO
Councilmember, 15th District
City of Los Angeles Representative
MICHAEL A. CACCIOTTI
Councilmember, South Pasadena
Cities of Los Angeles County/Eastern Region

JOSIE GONZALES
Supervisor, Fifth District
County of San Bernardino
JOSEPH K. LYOU, Ph.D.

Governor’s Appointee

JUDITH MITCHELL
Mayor, Rolling Hills Estates
Cities of Los Angeles County/Western Region

SHAWN NELSON
Supervisor, Fourth District
County of Orange
DR. CLARK E. PARKER, SR.

Senate Rules Appointee
MIGUEL A. PULIDO
Mayor, Santa Ana
Cities of Orange County
EXECUTIVE OFFICER: BARRY R. WALLERSTEIN, D.Env.

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Packet Pg. 548 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

GOVERNING BOARD
Chair: VANESSA DELGADO
Senator (Ret.)
Senate Rules Committee Appointee
Vice Chair: MICHAEL A. CACCIOTTI
Council Member, South Pasadena
Cities of Los Angeles County/Eastern Region
MEMBERS:

ANDREW DO
Supervisor, First District
County of Orange

CURT HAGMAN
Supervisor, Fourth District
County of San Bernardino

GIDEON KRACOV
Governor’s Appointee

PATRICIA LOCK DAWSON
Mayor, Riverside
Cities of Riverside County Representative

LARRY MCCALLON
Mayor, Highland
Cities of San Bernardino County
HOLLY J. MITCHELL
Supervisor, Second District
County of Los Angeles

VERONICA PADILLA-CAMPOS
Speaker of the Assembly Appointee
V. MANUEL PEREZ
Supervisor, Fourth District
County of Riverside

NITHYA RAMAN
Council Member, Fourth District
City of Los Angeles Representative

CARLOS RODRIGUEZ
Council Member, Yorba Linda
Cities of Orange County
JOSÉ LUIS SOLACHE
Council Member, Lynwood
Cities of Los Angeles County/Western Region
EXECUTIVE OFFICER: WAYNE NASTRI

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Packet Pg. 549 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management

TABLE OF CONTENTS
I. BACKGROUND…………………………………………………………………………………………….1
A. SUMMARY………………………………………………………………………………………...1
B. EMISSION REDUCTION TARGET (ERT)…………………………..………………………….21 C. POLLUTANTS……………………………………………………………………………………..2
II. EMISSION REDUCTION STRATEGIES………………………………………………………………..3 A. MOBILE SOURCE EMISSION REDUCTION PROGRAM CREDITS (MSERCs)………….….3 B. SHORT TERM EMISSION REDUCTION CREDITS (STERCs)…………………….…………..3 C. EMISSION REDUCTION CREDITS (ERCs)……………………………..………………………4 D. AREA SOURCE CREDITS (ASCs)……………………………….………………………………5 E. AIR QUALITY INVESTMENT PROGRAM (AQIP)……………………………………………..6 F. OTHER EMISSION REDUCTION STRATEGIES………………………………………………..6 F.G.EMPLOYEE COMMUTE REDUCTION PROGRAM (ECRP)…………………………………..8 G.H. GENERAL EMISSION CREDIT PROVISIONS……………….………………………..8 H.I. INTER-POLLUTANT CREDITING……………………………………….………………………8 I.J. EMISSION REDUCTION REQUIREMENTS…………………………………………………….9

1. Real Reductions…………………………………………………………………………9

2. Surplus Reductions………………………………………..………………………….…9

3. Quantifiable Reductions……………………………………...…………………………9

4. Enforceable……………………………………………………...…………………….10
III. TRIP REDUCTION STRATEGIES………………………………………….………………………….11 A. PEAK COMMUTE TRIP REDUCTIONS……………………………………………………….11 B. OTHER WORK-RELATED TRIP REDUCTIONS………………………………………………11 C. VEHICLE MILES TRAVELED (VMT) PROGRAMS……………………..……………………12 D. PARKING CASH-OUT PROGRAM……………………………………………………………..12
E. EMPLOYEE COMMUTE REDUCTION PROGRAMS…………………...…………………….12 IV. PROGRAM ADMINISTRATION………………………………………………….…………………….13 A. REGISTRATION………………………………………………………………………………….13
B. REGISTRATION FORM…………………………………………………………………………13
C. VTEC CALCULATIONS………………………………………………………………………..143
D. AIR QUALITY INVESTMENT PROGRAM……………………..…………………………….153 E. RECORDKEEPING………………………………..…………………………………………….154
F. COMPLIANCE……………………………………..……………………………………………154
G. SPECIAL PROCEDURES………………………….……………………………………………154

1. Extensions…………………………………………………………………………….154

2. Change of Ownership……………………………..………………………………….165

3. Relocation………………………………..…………………………………………...165

4. Registration Disapproval Appeals……………………………………..…………….165

5. Delay Registration and Review Requests………………………...…………………..175

6. Police, Sheriff, and Federal Field Agents……………..……………………………..176

7. Telecommute Employees on the AVR Survey................................................................17

6.8. Furloughed Employees on the AVR Survey……………………………………………18

9. Change of Status…………………………………..………………………………….186

10. Employee Transportation Coordinator (ETC)……………………….………………..19

7.a. Consultant Employee Transportation Coordinator…………………………….19 H. EMISSION CREDIT TRANSFERS…………………………………………………………….197 V. AVERAGE VEHICLE RIDERSHIP SURVEY………………………………………………………....21 A. CALCULATING AVR……………………………………………………………………………21

1. Employee categories………………………………………………………………..…21

2. Police, Sheriff, and Federal Field Agents……………………………………………..21

3. Telecommute Employees on the AVR Survey…………………………………….….22

4. Furloughed Employees on the AVR Survey…………………………………………..22

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Packet Pg. 550 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management

5. AVR Adjustments……………………………………………………………………..22

6. Electric Vehicle (EV) or Other Alternative-Fueled Vehicles…………………………26 B. AVR DATA COLLECTION METHODS…………………………………………………..……25

1. AVR Survey……………………………………………………………………..……25
a. AVR Survey Parameters……………………………………………………….25
b. Window Period for AVR Calculation………………………………………….26 c. AVR Calculation……………………………………………………………….26

2. Random Sampling……………………………………………………………………..27

3. Alternate AVR Data Collection……………………………………………………….27

4. Vehicle Miles Traveled (VMT) Reporting……………………………………………28 C. AGGREGATING AVR FOR MULTI-SITE EMPLOYERS (OPTIONAL)…………………..…28 V.VI. EMISSION FACTORS……………………………………………...………………………………….3018 VI.VII. GLOSSARY…………………………………………..…………………………………………………3119

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Packet Pg. 551 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
1 June 2014Proposed Amended August 2023
I. BACKGROUND
A. SUMMARY
Rule 2202 has been designed to reduce emissions from mobile sourcesmotor vehicles used by employees for commute purposes. The Rule provides employers with a menu of options that they can choose from to implement and meet the emission reduction target (ERT) for their worksite.

The purpose of this document is to provide guidelines for compliance with the provisions of Rule 2202. The various emissions reduction strategies and trip reduction strategies currently contained in the Rule that employers can implement and receive credit towards their ERTs are listed below.

Emission Reduction Strategies
(Subdivision (f))
Trip Reduction Strategies
(Subdivision (g))
• Mobile Source Emission Reduction
Credits (MSERCs) (Regulation XVI)
• Air Quality Investment Program
• Short Term Emission Reduction
Credits (STERCs) from Stationary
Sources (Regulation XIII)
• Emission Reduction Credits (ERCs)
from Stationary Sources (Regulation
XIII) approved for transfer prior to
June 6, 2014.
• Area Source Credits (Regulation
XXV)
• Peak Commute Trip Reductions
• Other Work-Related Trip
Reductions
• Off-Peak Commute Trip
Reductions
• Vehicle Miles Traveled (VMT)
Programs
As an alternative to meeting the ERT at their worksite, the Rule allows the employers optional implementation of an Employee Commute Reduction Program (ECRP). Implementation details of this strictly optional program are included in the ECRP Guidelines. The Rule 2202- On-Road Motor Vehicle Mitigation Options Implementation Guidelines outlines the framework, calculation methodology, and criteria used in determining emission reductions credits and vehicle trip emission credits (VTECs) that can be applied towards meeting emission reduction targets (ERT).

An employer would comply with the provisions of the rule by submitting an Emission Reduction Strategy (ERS). The ERS submittal will describe the ERT calculation and how it will be implemented to meet the worksite's ERT.

As an alternative to meeting the ERT at their worksite, the Rule allows the employers to implement an optional Employee Commute Reduction Program (ECRP). Implementation details of this optional program are included in the ECRP Guidelines.

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Packet Pg. 552 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
2 June 2014Proposed Amended August 2023
B. EMISSION REDUCTION TARGET (ERT)
(R2202, subdivision (e))
Employers subject to Rule 2202 are required to implement an emission reduction program and meet an annual ERT for Volatile Organic Compounds (VOC), Oxides of Nitrogen (NOx) and Carbon Monoxide (CO). Figure I-1 outlines the equation used to determine the ERT for each pollutant.
[
Emission
Reduction Target
(lbs⁄year ] = [[Employees] × [
Employee Emission
Reduction Factor
]] − [VTEC]
The employer's emission reductions can be further reduced through generation of Vehicle Trip Emission Credits (VTECs) from the implementation of optional trip reduction strategies. These VTECs, obtained through peak and off-peak commute trip reductions, other work-related trip reductions, or vehicle miles traveled (VMT), can be applied towards meeting an employer’s ERT. Credit for any program must go beyond the requirements of existing state and federal programs to avoid "double counting" the emission reductions. All emission credits are valid according to the conditions, guidelines, or regulations under which they were originally issued.

C. POLLUTANTS CONSIDERED
Vehicle trips are responsible for the emissions of VOC, NOx, and CO. Most trip reduction programs reduce emissions by similar relative amounts. Emission reduction strategies, however, aimed primarily at reducing emissions rather than trips, may reduce emissions by different relative amounts. Rule 2202 is designed to reduce emissions of VOC, NOx, and CO, by an equal or greater amount to that achievable through trip reduction. Rule 2202 allows employers to select and implement a combination of emission reduction strategies and meet the site-specific ERTs for VOC, NOx, and CO.

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Packet Pg. 553 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
3 June 2014Proposed Amended August 2023
II. EMISSION REDUCTION STRATGIES
The emission reduction strategies considered in this document may include old-vehicle scrapping, clean on-road vehicles, clean off-road vehicles, other programs under Regulation XVI, STERCs, area source credits, and the air quality investment program. In addition, companies can meet the emission reduction requirements, in whole or in part, by obtaining sufficient VTECs.

A. Mobile Source Emission Reduction Program Credits (MSERCs) (R2202, paragraph (f)(1))
Any person may elect to use mobile source emission reduction credits (MSERCs) issued in accordance with the provisions of Regulation XVI - Mobile Source Offset Programs. Regulation XVI sets forth the requirements that are based on voluntary programs that achieve emission reductions beyond those required by local, state and federal regulations or programs. Any person may generate MSERCs through the voluntary implementation of any Regulation XVI program and apply them toward meeting the ERT for their worksite or trade and/or sell them to other persons. Alternatively, employers that have a shortfall in meeting their ERTs can purchase surplus MSERCs from other employers or a credit vendor. Credits issued under Regulation XVI programs are subject to the quantification, issuance, and credit life restriction of the applicable rules and may be used for Rule 2202 as well as other South Coast AQMD rule compliance that authorizes such use.

B. Short Term Emission Reduction Credits (STERCs)
(R2202, paragraph (f)(3))
Employers may elect to use STERCs issued in accordance with Regulation XIII – New Source Review. In order for STERCs to be used to meet employers’ emission reductions target or as part of an Air Quality Investment Program, the following apply for purposes of use in Rule 2202:

1. Only STERCs issued in accordance with Rule 1309 - Emission Reduction Credits and Short Term Credits shall be allowed for use in Rule 2202.

2. STERCs are subject to the application, eligibility, registration, use, and transfer requirements in Rule 1309.

3. STERCs issued pursuant to Rule 1309 may be used only if the original ERC was generated on or after January 1, 1996. The credit generation date is defined as the original date the South Coast AQMD issued the official Certificate of Title, not the date when the emission reductions occurred or when the ERC or Certificate was split or transferred.

Santa Monica City CouncilJune 11, 2024

Santa Monica City Council
June 11, 2024