Cities Index.
Agenda packet, second session

Santa Monica City Council
June 25, 2024

Document
Agenda packet, second session
Meeting
June 25, 2024
Body
Santa Monica City Council
Pages
7
Original file
98.6 MB
Text extracted from the city's file for reading and search. Open the original on santamonicacityca.iqm2.com. That file is the official record.

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: 6/26/2024 2:17 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: 6/26/2024 2:17 PM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, JUNE 25, 2024
MEETING BEGINS AT 5:30 PM (PST)
HOW TO PROVIDE WRITTEN PUBLIC COMMENT:

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

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

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL
Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official.

Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.

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

1.A. Written Comments

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

ITEMS, CONSENT CALENDAR ONLY)

3. SPECIAL AGENDA ITEMS
No items
City of Santa Monica Generated: 6/26/2024 2:17 PM Page 4

4. CLOSED SESSIONS

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

Lori Gentles v. City of Santa Monica, et al.; LASC Case No. 24SMCV00824 - New Item Received 6/21/2024

4.B. 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. - New Item Received 6/21/2024 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. Award of Bid to L.N. Curtis & Sons and Allstar Fire Equipment, Inc. for Purchase of Fire Equipment
Recommended Action
Staff recommends that the City Council:

1. Award Bid #4483 to vendors L.N. Curtis & Sons and Allstar Fire Equipment, Inc. for the purchase of fire hoses, tools, and other fire equipment;

2. Authorize the Procurement Manager to issue a separate purchase order with L.N. Curtis & Sons for the purchase of fire hoses, tools, and other fire equipment in an amount not to exceed $750,000 over a term of five years, with future years funding contingent on Council budget approval;

3. Authorize the Procurement Manager to issue a separate purchase order with Allstar Fire Equipment, Inc. for the purchase of fire hoses, tools, and other fire equipment in an amount not to exceed $750,000 over a term of five years, with future year funding contingent on Council budget approval; and

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.B. Award Request for Proposal to Stantec Consulting Services, Inc. to Provide Professional Services for the Development of One Water Master Plan Recommended Action
Staff recommends that the City Council:

City of Santa Monica Generated: 6/26/2024 2:17 PM Page 5

1. Award RFP #401 to Stantec Consulting Services, Inc., to provide professional services for the development of a One Water Master Plan for the Public Works Department;

2. Authorize the City Manager to negotiate and execute an agreement with Stantec Consulting Services, Inc., in an amount not to exceed $1,900,000 for a five-year term with future funding contingent on Council budget approval;

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

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

5.C. Approval of Modification to Purchase Order with Los Angeles Truck Centers, LLC to Furnish and Deliver Side Loader Trucks
Recommended Action
Staff recommends that the City Council:

1. Authorize the Procurement Manager to modify purchase order #22400467 in the amount of $1,401,185 with Los Angeles Truck Centers, LLC to furnish and deliver three additional side loader trucks for the Public Works Department. This would result in a revised purchase order total not to exceed $7,425,559, with future year funding contingent on Council budget approval; and

2. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) guidelines.

5.D. Approval of Professional Services Agreement with Allan D. Kotin & Associates for Real Estate Advisory Services
Recommended Action
Staff recommends that the City Council:

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

2. Authorize the City Manager to execute a sixth modification to reinstate and extend Agreement #9543 with Allan D. Kotin & Associates for real estate advisory services for the Community Development Department. This will result in a 14-year modified agreement not to exceed $340,000 with future year funding contingent on Council budget approval.

5.E. Approval of First Modification to Agreement with Paul’s Welding for Water and Wastewater Portable Welding and Metal Fabrication Services Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute a first modification to Agreement #11159 (CCS) in an amount not to exceed $350,000 with Paul’s Welding for water and wastewater portable welding and metal fabrication services for the Public Works Department. This will result in a five-year City of Santa Monica Generated: 6/26/2024 2:17 PM Page 6 amended agreement with a new total amount not to exceed $850,000, with future year funding contingent on Council budget approval; and

2. Adopt a finding of Categorical Exemption pursuant to Section 15302 of the California Environmental Quality Act (CEQA) Guidelines.

5.F. Approval of First Modification to Agreement with Herc Rentals Inc. for Temporary Water and Wastewater Pump Rental
Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute a first modification to Agreement #11179 (CCS) in an amount not to exceed $150,000 with Herc Rentals, Inc. for temporary water and wastewater pump rental. This will result in a five-year amended agreement with a new total amount not to exceed $450,000, with future year funding contingent on Council budget approval; and

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

5.G. City Council - Regular Meeting - May 28, 2024 5:30 PM - New Item Received 6/21/2024

6. PUBLIC INPUT ON REMAINING AGENDA ITEMS

7. STUDY SESSION
No items

8. CONTINUED ITEMS

8.A. Appointment to one unscheduled vacancy on the Human Services Commission for a term ending on June 30, 2026. (Continued from 6/11/2024) - New Item Received 6/21/2024

8.B. 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 6/11/2024) - New Item Received 6/21/2024

8.C. Appointment to two unscheduled vacancies on the Housing Authority Board for both terms ending on June 30, 2026. (Continued from 6/11/2024) - New Item Received 6/21/2024

9. ADMINISTRATIVE PROCEEDINGS
No items
City of Santa Monica Generated: 6/26/2024 2:17 PM Page 7

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. Second Reading and Adoption of 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 - New Item Received 6/21/2024
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

10.B. Second Reading and Adoption of an Ordinance that Supports Electric Vehicle Charging Access by Adopting Local Amendments to the 2022 California Green Building Standards Code - New Item Received 6/21/2024
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

11. STAFF ADMINISTRATIVE ITEMS
No items

12. PUBLIC HEARINGS

SPECIAL JOINT MEETING OF THE CITY COUNCIL, HOUSING AUTHORITY AND

PARKING AUTHORITY

ROLL CALL OF THE CITY COUNCIL, HOUSING AUTHORITY AND PARKING

AUTHORITY

12.A. Adoption of the Second Year of the FY 2023-25 Biennial Budget, Adoption of the First Year and Approval of the Second Year of the FY 2024-26 Biennial Capital Improvement Program Budget
Recommended Action
Staff recommends that the City Council, Housing Authority and Parking Authority:

1. Adopt a Resolution of the City Council of the City of Santa Monica adopting the FY 2024-25 Operating Budget and adopting the first year and approving the second year of the FY 2024-26 Biennial Capital Improvement Program Budget at Attachment A, as amended by Attachment D;

2. Adopt a Resolution of the Housing Authority of the City of Santa Monica adopting the FY 2024-25 Operating Budget and adopting the first year and City of Santa Monica Generated: 6/26/2024 2:17 PM Page 8 approving the second year of the FY 2024-26 Biennial Capital Improvement Program Budget at Attachment B, as amended by Attachment D; and

3. Adopt a Resolution of the Parking Authority of the City of Santa Monica adopting the FY 2024-25 Operating Budget and adopting the first year and approving the second year of the FY 2024-26 Biennial Capital Improvement Program Budget at Attachment C, as amended by Attachment D.

Staff also recommends that the City Council:

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

5. Adopt a Resolution of the City Council of the City of Santa Monica revising the City’s master fine schedule to establish and revise the administrative citation schedule of fines for certain violations of the Santa Monica Municipal Code (Attachment F);

6. Adopt a Resolution of the City Council of the City of Santa Monica establishing parking rates and permit fees for all City parking facilities and resources (Attachment G);

7. Adopt a Resolution of the City Council of the City of Santa Monica temporarily waiving and reducing outdoor dining license fees for third street promenade to stimulate economic recovery (Attachment H);

8. Adopt a Resolution of the City of Santa Monica establishing new classifications and adopting salary rates for various listed positions (Attachment I) and approve the position and classification changes (Attachment J);

9. Adopt a Resolution of the City of Santa Monica establishing the Gann appropriations limit for FY 2024-25 (Attachment K);

10.Adopt a Resolution incorporating a project funded by SB1: The Road Repair and Accountability Act (Attachment L);

11.Adopt a Resolution authorizing the City Manager to revise the Confidential Unrepresented Employee (CUE) Pay Plan (Attachment M)

12. Maintain existing adult-use and medicinal cannabis tax rates or provide direction to staff on the desired adult-use and medicinal tax rate increases and adopt a resolution increasing the adult-use and medicinal cannabis tax rates as directed effective January 1, 2025 (Attachment N);

13.Authorize the City Manager to accept a discretionary grant award in the amount of $50,000 from the Los Angeles Homeless Services Authority and approved by Supervisorial District 3 to support the City Attorney’s Office Shelter, Treatment, and Empowerment Program (STEP) Court;

14.Authorize the City Manager to accept a grant award of $4,822,406 from the U.S. Department of Housing and Urban Development’s Continuum of Care Program to provide housing subsidies for the homeless and disabled population and to execute all necessary documents to accept the grant and any subsequent renewals;

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

16.Adopt a finding that the proposed landing fee reduction project, which includes reduced rates for tie-downs, transient tie-downs, hangars, landing City of Santa Monica Generated: 6/26/2024 2:17 PM Page 9 fees, and fuel flowage fees (Reduced Airport Fees), exempt from the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code section 21080(b)(1) and CEQA Guidelines sections 15061(b)(3), and 15369.

12.B. Approval of minutes for the Parking Authority - New Item Received 6/21/2024 Recommended Action
Staff recommends that the Parking Authority approve the minutes for the April 11, 2023, April 25, 2023, and June 27, 2023 Parking Authority meetings.

ADJOURNMENT OF THE SPECIAL JOINT MEETING

13. REPORTS OF BOARDS AND COMMISSIONS
No items

14. RESOLUTIONS

14.A. Proposed Ballot Measures for the November 5, 2024 General Municipal Election - New Item Received 6/21/2024
Recommended Action
Staff recommends that the City Council:

1. Adopt a Resolution to place a measure on the November 5, 2024, General Municipal Election Ballot which modernizes the applicable sections of Article 6 Business Professions and Trades per prior Council direction (Attachment A);

2. Identify Council Members, if any, who wish to prepare arguments for or against the Business License Tax Modernization measure;

3. Adopt a Resolution to place a measure on the November 5, 2024, General Municipal Election Ballot to increase the City’s Parking Facility Tax rate by 8% and exempt City-owned lots and structures from the tax increase (Attachment B);

4. Identify Council Members, if any, who wish to prepare arguments for or against the Parking Facility Tax measure;

5. Review Council Compensation Comparison report and direct the City Attorney and City Manager to return to Council with additional information necessary for City Council to place a measure on the November 5, 2024, or future, General Municipal Election Ballot to amend the Santa Monica City Charter Section 602 to increase Council Member compensation; and

6. 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.

15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
City of Santa Monica Generated: 6/26/2024 2:17 PM Page 10 No items

16. COUNCILMEMBER DISCUSSION ITEMS

16.A. Annual Appointments to the following Boards and Commissions: - New Item Received 6/21/2024
Board/Commiss
ion
Number of
Appointments
Term End Date Requirements
Airport
Commission
1 6/30/2028 Santa Monica Resident.

Architectural
Review Board
2 6/30/2028 -
Arts Commission 2 6/30/2028 Reside or work in Santa Monica Building & FireLife Safety1 6/30/2028 Civil or Structural Engineer 1 6/30/2028 California Licensed Building
Contractor
1 6/30/2028 California Certified Access
Specialist
1 6/30/2028 California Registered Fire
Protection Engineer
Commission on
Sustainability,
Environmental
Justice & the
Environment
2 6/30/2028 Reside or work in Santa
Monica.

Disabilities
Commission
3 6/30/2028 Reside or work in Santa Monica
and self-identify as a person
with a disability.

Downtown Santa
Monica, Inc.
3 6/30/2028 Must reside or be employed,
own property, or hold business
license in Santa Monica.

Housing
Commission
1 6/30/2028 Reside in Santa Monica
Human Services
Commission
2 6/30/2028 Reside in Santa Monica.

Landmarks
Commission
1 6/30/2028 Reside in Santa Monica and
California Real Estate Licensee.
1 6/30/2028 Reside in Santa Monica and
Licensed Architect.

Metropolitan
Water District
1 6/30/2028 -
Personnel Board 1 6/30/2028 Reside in Santa Monica or is a resident of Los Angeles County
that is employed full-time within
City of Santa Monica Generated: 6/26/2024 2:17 PM Page 11 the City, or owns real property in
the City, or has been issued a
business license by the City.

Planning
Commission
2 6/30/2028 Reside in Santa Monica.

Public Safety
Reform &
Oversight
Commission
2 6/30/2028 Reside in Santa Monica.

Recreation &
Parks Commission
3 6/30/2028 Reside in Santa Monica.

Library Board 1 6/30/2028 Reside in Santa Monica.

Santa Monica Pier
Corporation
3 6/30/2028 Reside, work or do business in
Santa Monica.

16.B. Request of Mayor Brock, Vice Mayor Negrete, and Councilmember Davis that the City Council direct the City Attorney to prepare a resolution for Council consideration that recites that, while the City of Santa Monica is respectful of everyone’s First Amendment rights to free speech, in some instances harm can come from expression that is false and/or counter to the public interest.

The resolution should reflect the Council’s disapproval of signs placed upon a building along the 3rd Street Promenade that falsely state that the City Manager approves of the County’s “free needle and meth pipe” program, as in fact the program is implemented by a contractor of Los Angeles County pursuant to state law, and the City Council and City Manager play no role in authorizing the program. Further, to the extent that there is City policy on the program, the City Council is the source of any such City policy on the subject, not the City Manager. Finally, the signs also may be counter-productive to the community’s stated goal of economic recovery as they may deter people from visiting and shopping in Santa Monica at a time when the City’s retail, travel, and entertainment businesses are still recovering from the pandemic. - New Item Received 6/21/2024

16.C. Request by Councilmember Parra and Mayor Brock to direct the City Manager and City Attorney to return with amendments to the Municipal Code, including a potential interim zoning ordinance, to allow in R2, R3, and R4 zone districts only front fence, wall, and hedge heights to be limited to 72” in height in the front setback, address measurements that may include retaining walls, and suspend enforcement and pending applications until the ordinance becomes effective in R2, R3, and R4 for those that would comply with that standard. - New Item Received 6/21/2024

16.D. Request of Councilmembers Zwick and Torosis that, upon the expansion of Santa Monica’s Preserving Our Diversity (POD) program, the City Manager take steps to address historic underrepresentation of Pico Neighborhood residents in the program relative to the community’s percentage of residents over 65 experiencing poverty. Specifically, this should include: - New Item Received 6/21/2024
City of Santa Monica Generated: 6/26/2024 2:17 PM Page 12

1. Enhancing the Housing and Human Service Department’s outreach plan through partnerships with local faith- based and community-serving organizations including but not limited to Familias Latinas Unidas, St. Anne’s, Calvary Baptist, The Venice Family Clinic on Pico, the Pico Neighborhood Association, and the senior programming and food pantry at Virginia Avenue Park.

2. Offering direct technical assistance with filling out the POD program application at Virginia Avenue Park.

3. Assessing the Jan 1, 2000 habitation requirement as well as other eligibility criteria, with the authority to make the program more flexible and expansive.

4. Give preference to applications from census tracts designated as “disadvantaged” by the state under SB 535 Disadvantaged Communities, subject to any limitations imposed by state and federal fair housing laws, in consultation with the City Attorney’s Office.

5. Authorizing up to 5% of newly designated program resources to be spent on enhanced outreach and technical assistance in the Pico Neighborhood, if necessary.

16.E. Request of Mayor Brock that the City Attorney and City Manager return to City Council no later than July 23, 2024 with a proposal to place a parcel tax measure on the November 2024 ballot to generate resources to address public safety and homelessness. More specifically, the proposed parcel tax should generate $7.5 million per year and allow for resources generated by the tax to support items such as enhanced police services, private security in downtown, and multidisciplinary outreach teams. The tax should also have a sunset date 10 years after its effective date. - New Item Received 6/21/2024

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.

City of Santa Monica Generated: 6/26/2024 2:17 PM Page 13 Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

Santa Monica Blue Bus Lines #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 25, 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. 14
1 David Yakobson
From: Tricia Crane <[email protected]>
Sent: Monday, June 24, 2024 3:58 PM
To: [email protected]
Subject: Act now to Stop SB7 and the State attack on democracy Attachments: SB7 Opposition letter to Assembly Local Governance Committee.docx Follow Up Flag: Follow up
Flag Status: Completed

EXTERNAL
Dear neighbors and friends,
Local Control over land use is under attack again. Take action today to stop SB7 before the vote is taken on Wednesday.

Senate Bill 7 burst on the housing scene as a "gut-and-amend bill" that was originally advanced to generate housing for the homeless but has morphed through various amendments into the
current version - a bill that will further limit local control over land use with the potential to wipe our single family
neighborhoods.

The latest version of SB7 includes this outrageous language:

This bill, for regions in which the department is required to distribute the regional housing need, would prohibit a city or county from filing an objection to the regional housing need determination.

This means that if SB7 is passed it will give even more power to HCD (Housing Community Development), a State agency that caters to developers and investors with the pretense of generating housing that is affordable. Marc Verville calls SB7 "a backdoor process to start erasing R1" by forcing the adoption of SB10.

A vote on SB7 will be taken this Wednesday (June 26) by the Assembly Local Government Committee. Please take a moment to read the Northeast Neighbors letter (below and attached), send emails to the Item 1
June 25, 2024
Item 1
June 25, 2024

1.A.a
Packet Pg. 15
Attachment: Written Comments [Revision 1] (6499 : Written Comments) 2 Committee, and/ or make phone calls telling the Committee to vote NO on SB7.

Letters can be posted to the entire committee through the Legislative portal at this link:
https://calegislation.lc.ca.gov/Advocates/faces/index.xhtml Or you can write one email and send to the entire Committee using this list:
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected]
Finally, if you have ten minutes to spare, make phone calls and leave a message that you Oppose SB7 to each of the nine members of the Local Government Committee on the list below. (If you call in the evening you can leave a recorded message and it will go into the record without having to deal with talking to staff.) Item 1
June 25, 2024
Item 1
June 25, 2024

1.A.a
Packet Pg. 16
Attachment: Written Comments [Revision 1] (6499 : Written Comments) 3 Democracy is NOT a spectator sport, especially not in California today where so much power is being wielded at the State level to daze and confuse.

Share this information with friends. The public is unaware of the games being played by the legislature.

Below and attached is the letter sent by Northeast Neighbors to all members of the Assembly Local Government Committee.

Thanks for any and all efforts!
Tricia Crane
##
[email protected],[email protected],[email protected],[email protected]. gov,[email protected],[email protected],[email protected],assemblymemb [email protected],[email protected],[email protected] To: Members of the Assembly Local Government Committee
From: Santa Monica Northeast Neighbors
June 23, 2024
The board members of Santa Monica Northeast Neighbors – a city recognized neighborhood association - strongly and unanimously oppose SB7.

We ask you to vote NO on SB7 for these reasons:
 SB7 undermines the rights of local governments to determine the land use designation of their communities, even when they are meeting their RHNA mandates.  SB7 grants final authority over RHNA methodology to an unelected executive branch body, the Department of Finance, which can override local housing needs assessments.  SB7 limits the applicability of all local voter-approved restrictions on urban development to only where such restrictions exist under federal or state programs, or both, designed to protect open space, farmland, environmental habitats, and natural resources on a long-term basis, including land zoned or designated for agricultural protection or preservation that is subject to Item 1
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 4 a local ballot measure that was approved by the voters of that jurisdiction. This potentially places at risk all locally-protected non-federal or state open space.  SB7 mandates that housing allocations be developed without any reference to existing zoning, and that the state entities developing the allocations can do so under their own untethered assumptions of city zoning, without any accountability for their decisions.  SB7 prohibits a city or county from filing an objection to the regional housing need determination, further eliminating any accountability on the allocating state entities.

Local governments are best positioned to balance housing needs with community interests through their own land use decisions. Working within the existing framework helps ensure that under-utilized areas are explored to the fullest extent possible.

If local jurisdictions can meet their RHNA obligations and promote fair housing without altering their land use designations, why should the state intervene?
SB 7 represents unwarranted top-down and unaccountable interference in local land use matters.

Please vote no on SB7.

Thank you for your service,
Tricia Crane
Chair, Northeast Neighbors of Santa Monica
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 1 David Yakobson
From: John Murdock <[email protected]>
Sent: Tuesday, June 25, 2024 10:59 AM
To: councilmtgitems; Phil Brock; Lana Negrete; Oscar de la Torre; Christine Parra; Gleam Davis; Caroline Torosis; Jesse Zwick
Cc: Santa Monica Coalition for a Livable City; David White; Douglas Sloan; [email protected]; Tricia Crane
Subject: Fw: SB-7

EXTERNAL
Dear Councilmembers;
I feel this city was asleep at the switch when SB10 was forced down our throats. We could have and should have fought against intervention by state lobbyists seeking to over-densify every city in the state. More is coming our way with SB7, and I urge you to become fully versant with its details and the impacts it will have on local zoning controls. If you fail, the charm and character of Santa Monica as a livable community will soon be gone forever.

John B. Murdock
Attorney at Law
1209 Pine Street
Santa Monica, CA 90405
tel. (310) 450-1859
From: John Murdock <[email protected]>
Sent: Monday, June 24, 2024 1:10 PM
To: [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>
Subject: SB-7
As a land use attorney for the past 45 years, I have vast experience with zoning issues. SB-7 and SB-10 are a continuation of Sacramento's attempt to force density on cities throughout the state, eliminating single-family zoning, irrespective of local conditions, wants, or needs. This is all done in the name of a "housing crisis" on the theory that the state legislators will control and override local governments that do not want increased density. As we have seen with SB-10, cities are getting boiling mad and starting to sue, in one case winning a ruling that SB-10 is unconstitutional because it fails entirely to do anything to cure the cited justification, a lack of "affordable" housing. Let's hope the citizens remain committed to the rule of law in expressing their outrage over what Sacramento is doing at the behest of the real estate/development industry. It's time to step back and re-assess the wisdom of what you are doing. In that vein, I am writing to ask that you vote against adoption of SB-7, a law that is obnoxious in the extreme and is sure to incur the wrath of residents throughout the state, leading to further disrespect for the state legislative process..

John B. Murdock
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 2 Attorney at Law
1209 Pine Street
Santa Monica, CA 90405
tel. (310) 450-1859
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 1 David Yakobson
From: Jules Rothenberg <[email protected]>
Sent: Tuesday, June 25, 2024 11:49 AM
To: councilmtgitems
Subject: City of Santa Monica Regular Meeting Tuesday June 25, 2024 1. Public Input

EXTERNAL
I have been living in Santa Monica since 1991. My wife and I purchased a condo at 1214 14th Street in 1998. It is directly across from the parking lot at 1211-1217 14th Street. Our building is also directly behind the parking lot at 1217 Euclid Street, so the proposed developments at these two locations will affect us directly.

There is no doubt that there is a need for affordable housing in this city and in all of Los Angeles county.

Had my wife and I not purchased our condo, we would probably be priced out of the Santa Monica rental market. I know for sure that my two children would not be able to afford to live in the city of their youth.

If the city is forced to provide affordable housing by the lawmakers in Sacramento, then perhaps this housing should be prioritized for the people that make Santa Monica such a wonderful place to live. I'm referring to the Teachers, Policeman, Firefighters and other city employees who have been priced out of the market. Next in line should be the employees of stores in the neighborhood, such as Vons, RIte Aid, Unleashed, Ulta etc. These are the people that make this city vibrant.

The locations selected by the council for this development make no sense to me. Removing close to 100 public parking spaces that are close to all of the commerce on Wilshire Boulevard will be a death sentence to some of the small shops that are just scratching by. Both Euclid and 14th street between WIlshire and Arizona are permit only parking streets. Where are the customers going to park, as most stores do not have their own lots? I also saw that the new buildings will not have enough spots for all of the units being built. Where are the tenants going to park? This is a fairly congested neighborhood. This decision will only increase the density and overburden the current infrastructure.

Lastly, and most importantly, both 14 Street and Euclid Street are corridors for school children going to and coming home from Lincoln Middle School, 310 Tutors and McKinley Elementary school. Is it a wise idea to put in housing and services for the chronically mentally ill and people requiring drug rehabilitation? According to the plans I read, there would be on site staff until 4:00 PM but I did not read anything about security. What happens after 4:00 PM? This plan was not discussed in a public forum and I'm certain the PTA of Lincoln MIddle School would have been outraged by this decision.

I would like the city council to reconsider this plan to make sure that by trying to solve the problem of affordable housing it does not create a series of problems (traffic congestion, crime, lack of parking and reduced infrastructure in the neighborhood) that will be much harder to correct if the plan goes through as currently conceived.

Thank you,
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 2 Jules Rothenberg
1214 14th Street #201
...

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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 1 David Yakobson
From: Arthur Jeon <[email protected]>
Sent: Tuesday, June 25, 2024 11:22 AM
To: Gleam Davis; Lana Negrete; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick; Phil Brock
Cc: David White; Douglas Sloan; City of Santa Monica; Clerk Mailbox; Jeanette Gant; Micah Akerson; Erika Aklufi; Danielle Noble; Ramon Batista; [email protected]; Roberto Lucio; Thomas McLaughlin; Jose Rodriguez; Annette Farmer; Maryanne LaGuardia; Albin Gielicz; Alisha Brady; [email protected]; Arati Desai Wagabaza; Lori Brown; John Smith; John Alle; Evan Meyer; [email protected]; Luke Cain; Peter Bosen; [email protected]; Elaine Golden-Gealer; Eric Sedman; Michele Aronson; Aisling Winders; Julia Ladd; Peter TRINH; [email protected]; Anuj Gupta; [email protected]; dominic gomez; Jenna Grigsby; Attorney Mailbox; Shawn R.

Kehoe; Andrew Thomas; SMDP Editor; Susan Cline; [email protected]; Michele A Wittig; [email protected]; Attorney Mailbox; Joe; Jenny Rush; Stan Epstein; Gary Tsai; [email protected]; Zina Josephs; Turbella; Phil Brock; Lauren Howland; [email protected]; Matthew Hall; Richard Drapkin; [email protected]; Planning Commission Comments; Dawn Fairchild; [email protected]; councilmtgitems; [email protected]; Dan Charn.; [email protected]; Gerardo Leyva; [email protected]; Carlos Jaen; Brandon Capiro; Kelly Simon; Mario Fonda-Bonardi; Jing Yeo; Albin Gielicz; Scott McGee; Gerardo Leyva; Ryan Gradle; Roy Brown; Frank Marnell; SM Observer; [email protected]; [email protected]; [email protected]; [email protected]; Kim Pieper; Third District; [email protected] Subject: Dangerous Madness: The New Face Of Santa Monica

EXTERNAL
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 2 Dear Council,
Hate to hit you two days in a row, but this sociopath was arrested after attempting to rape a 17 year-old girl at the beach, strangling her until she lost consciousness and breaking her nose. He then attempted to rape and drown another woman, a homeless woman who is a hero that seems in real need of our services, who came to the girl’s aid. Victim 3 was a 73 year-old tourist from Montreal who also intervened and was robbed of a necklace and dragged 40 feet in another attempted drowning. Welcome to Santa Monica!
THIS VIDEO OF THE ARREST AND AFTERMATH IS GOING VIRAL WITH A HALF A MILLION VIEWS IN 20 HOURS
This is now our brand. I have seen this guy in my neighborhood and at Reed Park several times. I saw similar craziness down at the beach during a company retreat at Castle Del Mar the same day a woman was dragged into a restroom.

Tonight you are honoring the officer with EMT training who saved the life of the stabbed tourist a few weeks ago. As far as I’m concerned, we have gotten lucky nobody was killed, but that's only a matter of time. If you really want to honor him, hire more officers like him. Otherwise, these are empty words from half of the council who thinks cops are the bad guys and all this homeless sociopath needs is an apartment in Santa Monica.

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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 3 As for resolution 16b, while I don’t agree with the sign on the promenade singling out David White, as the above grim litany of serious crimes shows, the sentiment that Santa Monica is not safe is absolutely true.

And this line from the resolution itself reveals an inability for some on the council to accept that safety, crime, and disorder are the major impediments to our recovery:

Finally, the signs also may be counter-productive to the community’s stated goal of economic recovery as they may deter people from visiting and shopping in Santa Monica at a time when the City’s retail, travel, and entertainment businesses are still recovering from the pandemic.

What pablum—solve the problem, not the sign. The store owners getting robbed aren’t leaving because of a slow recovery. They are leaving because they are getting robbed blind. Stop playing budget games and get serious about getting to the 300 police that our professional force is telling us they need. Be useful and start lobbying Sacramento to support the new Prop 47 rewrite that’s on the ballot instead of them trying to poison pill it. Because what happens when two of these attacks happens at the same time with an understaffed force? We have to face that we have urban problems in a suburban setting and any new tax should only be for sworn officers because that is the only kind of deterrence that will work.

Intelligence is the ability to hold two things to be true at the same time:

1. Half the homeless are deserving of our attention (why don’t our expensive services start by reaching out to the hero homeless woman who saved that young girl’s life?).

2. Half of the homeless are criminal, or addicts, or mentally ill—or some combination of all three (the homeless hero accurately called this perp a “scumbag” at the end of the video).

We are all carrot, and no stick. Until we change our reputation amongst the people we don’t want here, we will continue to scare off the people we do want. Give us some kind of sign in tonight’s meeting that you’re awake at the wheel.

Arthur Jeon
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 4 David Yakobson
From: Carol Catanzaro <[email protected]>
Sent: Tuesday, June 25, 2024 10:41 AM
To: councilmtgitems
Subject: 6/25/24 Agenda Item 1:Public Input -Proposed Development Needs Revisions

EXTERNAL
Mayor Brock, Mayor Pro Tem Negrete, and Council Members, As a longtime resident of Santa Monica, and in-act, an 84 year old resident of Mid-City, specifically Mid-Wilshire, I am in alliance with the the concerns expressed by the other residents, businesses and neighborhood groups about the proposed housing developments at 1217 Euclid, 1211-1217 14th Street and 1146 16th Street, as the were presented to you at the March 19, 2024 City Council Meeting during the RFP process.

As an independent senior who drives to all my appointments and relies on public parking I am extremely concerned about these projects that removes all existing public parking spaces at the sites. I use a walker so the prospect of parking farther away from my appointments seems unfair and not through properly.

Respectfully, the city of Santa Monica has not given residents proper input on this project nor have they given a voice to us as residents to state our many concerns.

Our neighborhood is already a densely multi-use area, supporting hospitals, businesses, public and private elementary and middle schools and SMC Broad and classes, single family houses, condos and majority apartments.

The project, as proposed, exacerbate the existing parking and traffic issues for residents, visitors, hospital patients and businesses. The 6 story buildings will dwarf the existing residential dwellings, and erode the character of the neighborhood, and the safety issues created by building a 65 unit building for “Tri morbid individuals with cooccurring mental illness, substance addiction, and physical health issues” - The People Concern’s RFP response materials (3/19/24), directly in the route of children walking to and from Lincoln Middle School and PS1 has not been addressed.

I am asking that you, the City Council, request the city staff do their due diligence by communicating with the neighborhood residents, schools and businesses, prior to engaging in the current RFP agreement. Although it is not required, it would seem negligent and thoughtless, not to do a current crime, traffic or infrastructure strain study on the proposed projects.

As an 84 year old I have seen many things change for better and for worse. It's of my opinion that when you involve everyone and are transparent and listen to all sides change becomes beneficial. Please allow our voices to be heard in a meaningful way during the process of changing our neighborhood.

Thank You,
Carol Catanzaro
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 1 David Yakobson
From: lauralee asch <[email protected]>
Sent: Tuesday, June 25, 2024 12:00 PM
To: councilmtgitems
Cc: Phil Brock; Lana Negrete; Gleam Davis; Christine Parra; Caroline Torosis; Oscar de la Torre; Jesse Zwick
Subject: 6/25/24 Agenda Item 1:Public Input- Proposed by Development Needs Urgent Revisions

EXTERNAL
Mayor Brock, Mayor Pro Tem Negrete and Council Members:

I stand in alliance with my neighbors from the Mid-Wilshire, aka Mid City neighborhood, to express my deep concerns about the proposed housing developments at 1217 Euclid, 1211-1217 14th, and 1146 16th Streets which were presented to you at the March 19, 2024 City Council Meeting during the RFP process.

While we understand the critical need for affordable housing and the challenges posed by the California state mandate, we strongly believe that these projects, as currently planned, will have severe negative impacts on the safety, livability, and character of our neighborhood.

We are most concerned about neighborhood safety in light of the proposal to place 48 units of supportive housing among the 130 unit total, the enormous 6-story buildings which are three stories taller than other buildings in the area, designed without set backs and completely out of character with the neighborhood, and the crippling loss of all public parking at these locations. Parking which is needed to support the businesses, as well as offer options to residents.

We feel the City has not looked at these projects through the lens of existing residents and businesses, and is totally lacking a community outreach strategy which should have been facilitated by City staff in the formative stage of this project.

As many of you know, I spent 29 years working for the Santa Monica Police Department’s Community Affairs - Crime Prevention Unit. In my extensive experience in the area of crime prevention the addition of 130 units of housing, which includes 48 units of homeless supportive housing, into the hub of the City, three blocks apart and two blocks from Lincoln Middle School will further strain an already understaffed police force and make residents much less safe. We have 215 police officers (three in the police academy) out of the 232 currently budgeted positions. Chief Batista recently told the Northeast Neighbors that our department needs closer to 290 officers to keep up with anticipated demands.

The profound affect these projects will have on our neighborhood is not in the best interest of creating safe, cohesive and livable neighborhoods.

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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 2 I respectfully request your support to work with the affected neighborhoods to change the elements of these projects to better fit in our neighborhood.

Lauralee Asch
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 3 David Yakobson
From: [email protected]
Sent: Tuesday, June 25, 2024 11:47 AM
To: councilmtgitems
Subject: City Council Meeting 6/25/24 Agenda Item 1: Public Input

EXTERNAL
Dear Mayor and City Council Members,
HCHC's proposal for the Euclid/15th/16th sites would have profound negative effects if implemented in the neighborhood.

Why was there no public outreach prior to team selection? Notification came only to neighbors within a tight radius of the project and only after HCHC was already selected and the project was already designed.

Many of us were dismayed to learn this at the presentation meeting on May 22, where the project design was presented; our comments received defensive responses, not engagement.

Some of us have subsequently seen the Bridge Housing proposal, which scored a close second in the City's evaluation. For the Euclid site, Bridge included senior housing and replacement of some of the present public parking on the site, in a building design which set back from the two-story neighbors: It's a thoughtfully considered and sound solution -- why was it not selected? Would HCHC still rank first after $5.5m is added for replacement public parking?
Accommodation for formerly unhoused people with mental illness and substance addiction would destabilize the residential neighborhood. The nearby marijuana stores are an inappropriate adjacency.

The project is a safety concern for children walking to nearby Lincoln Middle School, as well as for all us nearby residents.

These three buildings are not on Wilshire Boulevard which was upzoned and the height limit raised; they are on residential streets adjacent to two-story apartment buildings. As such the massing of the proposed buildings is drastically out of scale with the surroundings. The proposed buildings are jarring and would permanently overshadow and violate the privacy of their neighbors.

I know I speak for many in urging Council to see to it that the diligence this project calls for is performed now, in an open process.

Michael de Villiers
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 5 David Yakobson
From: Yahoo Mail <[email protected]>
Sent: Tuesday, June 25, 2024 11:22 AM
To: councilmtgitems; [email protected]; [email protected]; [email protected]
Subject: 1217 Euclid / 21--1217 14th Street

EXTERNAL
I am degusted with the plans for the above properties.

What are you thinking? This is the worst idea you have ever made. How do you expect any citizen of Santa Monica to approve of this lunacy?
There is no other place in the city that has this type housing. Who would put up and house chronically mentally ill people near a school, up ending the whole safety of the neighborhood.

Is it not enough that every time you walk in Santa Monica you are subject to running into many homeless mental ill people walking in the streets and threatening your quality of life and your physical threatening your life in general. This plan is out of scope for this neighborhood.

The Architects are confused, "they are sensitive to shade" , that is nice you considered the shade issue, but you can't put up a 6 story building in front of a 2 story building, you have SHADE not only shade but the canonization of the alley, there will never be any sun or breezes, just more darkness and homelessness.

Regarding lack of parking, you are removing more than 100 city metered parking spots. How dare you, again your planners "don't understand the parking needs" WHAT???? Have you asked anyone who parks in the open lot, what are you here and if you take away this parking where would you park, NO WHERE, there are not enough street meters, there are not enough preferential parking, you will ruin the whole neighborhood business and just plan piss off everyone trying to park their car. Will you be forcing people to pay $25.00++ in near by office buildings...NO....

Also, why would you put the mental institution in a residential neighborhood? Why would you not put the 1217 property backed up to the UCLA property and resources? Leverage resources with existing resources? Also the buildings are ugly and out of scope with what used to be limited high rises of no more than 4 stories. What happened to that rule?
Oh I forgot, screw the resident,...You are not providing the people any security, oh you will have someone on site, what does that do for the safety of the neighbors? NOTHING.

To conclude: SCREW YOU, HOW DARE YOU!
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 6 David Yakobson
From: Amir Davidi <[email protected]>
Sent: Tuesday, June 25, 2024 10:54 AM
To: councilmtgitems
Cc: [email protected]; [email protected]; Lana Negrete; Gleam Davis; [email protected]; Jesse Zwick; Caroline Torosis; Oscar de la Torre; David White; David Martin
Subject: Opposition on Proposed Development Requires Urgent Revisions The City of Santa Monica

EXTERNAL
06/25/2024 11:00AM
Dear City Of Santa Monica Council members,
In Regards to the Proposed Development Requires Urgent Revisions The City of Santa Monica, this initiative will affect our residents and businesses and must be executed responsibly. The developments at 1211-1217 14th St., 1217 Euclid St., and 1146 16th St. are the first and should set an example of collaborative, transparent, and successful
execution. Our Stand: We support affordable housing but cannot accept these development proposals without crucial modifications.

We need a stronger Community participation process led by City Staff, not an outside developer. Also further property destructions and disturbances wil occur in our neighborhood as result of more mentally ill individuals brought in to our community.

Here are the most Recent Personal experiences in the neighborhood of 1251 Euclid Street Santa monica,
Last week Monday , a Skitzofrenic homeless man with a large bag suddenly stopped outside the right side duplex #1247 EUclid street, started taking out all the yellow petals in front of the building garden throwing it on his head and inside his pants and the started screaming loudly and then proceeded to pee in the yard and making hand gestures toward the units inside the property.

Last Friday. a homeless person started throwing food and groceries on the street and toward the cars parked in the street. I was sitting inside my card outside and rapidly left so he would not throw food or glass bottles to my newly washed car.

Earlier last month, my mom was attacked by a homeless man walking in the alley behind our building when trying to put the trash bag inside the trash bin and gave my mom a black eye. She was lucky she was not hit in the head with an object.

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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 7 I also often see and hear homeless individuals walking late at night screaming loudly and throwing objects at homes and parked cars, i cannot imagine if hundreds of these folks will be coming to this neighborhood and continue with similar behaviors, we will have a total disrupted and unbearable lives literally and may be forced to move out our home as result or end up with tremendous property destruction and individual physical injury as result.

Amir Davidi 06/25/2024 11:00AM
1251 Euclid Street # 4 , A Santa monica Resident
-
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 8 David Yakobson
From: Giacomo Valentini <[email protected]>
Sent: Tuesday, June 25, 2024 10:36 AM
To: councilmtgitems
Subject: Affordable housing projects along Wilshire blvd

EXTERNAL
I wish to register the concern of many in the neighborhood that the proposed development will have negative impacts on the area:

1. While it is commendable that the proposed project includes provisions for offering ancillary services to the low-income and formerly homeless tenants of the housing complex, we are strongly opposed to extending such services being extended to all Santa Monica homeless regardless of where they reside. Neither Hollywood Community Housing nor the People Concern have provided clear answers on this subject, and the suspicion is that they are deliberately obfuscating and refusing to reveal their true intentions. The City Council should use its leverage to force HCHC and TPC to make a clear and unequivocal commitment that provision of services will be limited to the tenants of the development. This is all the more important considering that the proposed developments are located just a couple of blocks from the Lincoln Middle School.

2. As it stands, the project involves the net removal of a considerable number of parking spaces in the area, which will have further negative impact on local businesses and residents. Already this section of Wilshire blvd is experiencing shuttered businesses, and any further adverse action should be avoided. The developers are resisting changes to the number of parkings, and the City Council should demand that due consideration be given to this issue.

Giacomo Valentini
Resident of the Wilshire-Montana district
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 9 David Yakobson
From: Amir Davidi <[email protected]>
Sent: Tuesday, June 25, 2024 9:59 AM
To: councilmtgitems
Cc: [email protected]; [email protected]; Lana Negrete; Gleam Davis; [email protected]; Jesse Zwick; Caroline Torosis; Oscar de la Torre; David White; David Martin
Subject: Opposition on Proposed Development Requires Urgent Revisions The City of Santa Monica

EXTERNAL
06/25/2024 10:00AM
Dear City Of Santa Monica Council members,
In Regards to the Proposed Development Requires Urgent Revisions The City of Santa Monica, this initiative will affect our residents and businesses and must be executed responsibly. The developments at 1211-1217 14th St., 1217 Euclid St., and 1146 16th St. are the first and should set an example of collaborative, transparent, and successful execution. Our Stand: We support affordable housing but cannot accept these development proposals without crucial modifications. We need a stronger Community participation process led by City Staff, not an outside developer.

Key Issues:
• Neighborhood Safety: Our neighborhood already suffers from massive public safety issues, and we can’t afford to agree to any new actions that will worsen it. Placing homeless supportive housing in the middle of a family-centric neighborhood and near Lincoln Middle School (1-2 blocks away) is unacceptable without a comprehensive safety plan and city guarantees to its residents. Project on 1217 Euclid is intended to be used for “Tri morbid individuals with co-occurring mental illness, substance addiction, and physical health issues” - The People Concern’s RFP response materials (3/19/24) • Parking Elimination: Public Parking space is crucial for businesses and residents along the Wilshire corridor. Public parking MUST be replaced! • Lack of Transparency: The city pushes these developments through without proper community participation, with external developers driving the process. City staff must represent community members and neighborhoods. Stop outsourcing everything to developers and interested parties! • Developer Credibility: We have serious concerns about the credibility of Hollywood Community Housing and The People Concern due to numerous ongoing lawsuits and failed past financial audits. • Insufficient Planning: The city staff has not communicated with or Item 1
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 10 done their due diligence on the effects on the neighborhood. No current crime, traffic, or strain on the infrastructure has been assessed.
• Key Issues on the top of our minds: ·
Neighborhood Safety: Our neighborhood already suffers from a massive public safety crisis, and we can’t afford to agree to any new actions that will worsen it. We are tired of living in fear! Using affordable housing commitment to place homeless supportive housing in the middle of a family-centric neighborhood and near Lincoln Middle School (1-2 blocks away) is unacceptable WITHOUT a reliable and sustainable safety plan and city guarantees to its residents. According to The People Concern’s RFP response materials (3/19/24), most of their clients are “Tri morbid individuals with co-occurring mental illness, substance addiction, and physical health issues”. The proposal lists mental health, drug, and alcohol treatment services available to the public. We know the risks very well and no longer accept them silently. · \
Parking Elimination: Public Parking space is crucial for businesses and residents along the Wilshire corridor. Public parking MUST be replaced! ·
Lack of Transparency: The city is pushing these developments through without proper community participation, with external developers driving the process. City staff must represent community members and neighborhoods. Stop outsourcing everything to developers and interested parties! ·
Developer Credibility: We have serious concerns about Hollywood Community Housing and The People Concern's credibility due to numerous ongoing lawsuits and failed past financial audits. ·
Insufficient Planning: The city staff has not communicated with or done their due diligence on the effects on the neighborhood. No current crime, traffic, or strain on the infrastructure has been assessed for two buildings of this massive size on the same block.

Best Regards, and thank you for your prompt attention.

Amir Davidi 06/25/2024 10:00AM
1251 Euclid Street # 4 , A Santa monica Resident
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 11 David Yakobson
From: T&D <[email protected]>
Sent: Tuesday, June 25, 2024 9:17 AM
To: councilmtgitems
Subject: 6/25/24 Agenda Item 1:Public Input -Proposed Development Needs Revisions

EXTERNAL
Mayor Brock, Mayor Pro Tem Negrete, and Council Members, As a longtime resident of Santa Monica, and of Mid-City, specifically Mid-Wilshire, I am in alliance with the very real concerns expressed by the other residents, businesses and neighborhood groups about the proposed housing developments at 1217 Euclid, 1211-1217 14th Street and 1146 16th Street, as the were presented to you at the March 19, 2024 City Council Meeting during the RFP process.

Projects with this much impact and scope need to have major considerations and studies done to the neighborhoods they will be directly affecting. They have not. Also, the city of Santa Monica has done little to no outreach to the existing community to present the scope and impact of these proposed projects.

As a homeowner and resident in in proposed housing developments I have serious concerns. The 6 story buildings will dwarf the existing residential dwellings, and erode the character of the neighborhood, and the safety issues created by building a 65 unit building for “Tri morbid individuals with co-occurring mental illness, substance addiction, and physical health issues” - The People Concern’s RFP response materials (3/19/24), directly in the route of children walking to and from Lincoln Middle School and PS1 has not been addressed.

I am asking that you, the City Council, request the city staff do their due diligence by communicating with the neighborhood residents, schools and businesses, prior to engaging in the current RFP agreement.

Although it is not required, it would seem negligent and thoughtless, not to do a current crime, traffic or infrastructure strain study on the proposed projects.

I am not opposed to change but only ask that as a neighborhood community we are informed respectfully and are given a voice in the helping the process of change.

Thank You,
Theodore Catanzaro
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Packet Pg. 36
Attachment: Written Comments [Revision 1] (6499 : Written Comments) 12 David Yakobson
From: Crystal Nguyen <[email protected]>
Sent: Tuesday, June 25, 2024 9:10 AM
To: councilmtgitems
Cc: [email protected]
Subject: City of Santa Monica Regular Meeting Tuesday June 25, 2024 1. Public Input

EXTERNAL
Hello,
I’m writing to express my concerns regarding proposed housing developments at 1211-1217 14th St., 1217 Euclid St., and 1146 16th St.

I fear that the proposed developments will increase the safety issue for me and my family if there is not a thorough safety plan that accompanies the maintenance and operations of the affordable housing units.

Additionally, Santa Monica businesses have been on the decline - unable to sustain both increases in rent and crime. These housing developments will only make that worse.

Please consider the safety and concerns of Mid-Wilshire residents! -Crystal Nguyen
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Packet Pg. 37
Attachment: Written Comments [Revision 1] (6499 : Written Comments) 13 David Yakobson
From: Santa Monica Neighbors <[email protected]> Sent: Monday, June 24, 2024 11:24 AM
To: councilmtgitems
Cc: Phil Brock; Lana Negrete; Gleam Davis; Christine Parra; Jesse Zwick; Caroline Torosis; Oscar de la Torre; David White; David Martin
Subject: City Council Meeting 6.25.24 / 1. Public Input: from Safety & Trust: Residents Demand Transparent Process for Developments Petition
Attachments: Petition_Safety & Trust Residents Demand Transparent Process for Developments.pdf; petition_comments_jobs_490090287_20240624170810 2.pdf

EXTERNAL
Please find the petition attached from residents of Mid Wilshire:

PETITION_Safety & Trust: Residents Demand Transparent Process for Developments
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) petition_signatures_jobs_490090287_20240624165258
Safety & Trust: Residents Demand Transparent Process for Developments Name City State Postal Code Country Signed On
1 Kelli Urode Santa Monica CA 90404 US 2024-06-05
2 Kristi Hill Santa Monica CA 90401 US 2024-06-05
3 Jennifer Mitchell Santa Monica CA 90401 US 2024-06-05 4 Lauralee Asch Santa Monica CA 90403 US 2024-06-05
5 Pete Koch Los Angeles CA 90007 US 2024-06-06
6 Kim Lovett Los Angeles CA 90049 US 2024-06-06
7 Sharla Barrett Santa Monica CA 90401 US 2024-06-06
8 Joyce Urode Santa Monica CA 90401 US 2024-06-06
9 Melani Aguon San Diego CA 92111 US 2024-06-06
10 Patty Johnson Santa Monica CA 90404 US 2024-06-06
11 Mike Sill Santa Monica CA 90401 US 2024-06-06
12 Karri Urode-Abe Santa Monica CA 90401 US 2024-06-06
13 Tahoma Ramage Fresno CA 93704 US 2024-06-06
14 Dave Urode Santa Monica CA 90401 US 2024-06-06
15 Eduardo Donoso Santa Monica CA 90404 US 2024-06-06
16 Val Streit West Hollywood CA 90069 US 2024-06-06
17 Jennifer Kilburn Los Angeles CA 90022 US 2024-06-06
18 Tony Donaldson Santa Monica CA 90403 US 2024-06-06
19 Mark Kevin Kerns Jr. Acampo CA 95220 US 2024-06-06
20 Katja Treuter Santa Monica CA 90401 US 2024-06-06
21 James Rice Acworth GA 30101 US 2024-06-06
22 Ellen Gurevich Santa Monica CA 90404 US 2024-06-06
23 Rob Wakefield Los Angeles CA 90039 US 2024-06-06
24 Natalie Rothenberg Los Angeles CA 90002 US 2024-06-06 25 Stephanie Inouye Santa Monica CA 90404 US 2024-06-06 26 Victoria Tsylina Santa Monica CA 90404 US 2024-06-06 27 Jules Rothenberg Santa Monica CA 90404 US 2024-06-06 28 Richard Neuman Santa Monica CA 90403 US 2024-06-06
29 Heidi Wulkow Santa Monica CA 90403 US 2024-06-06
30 Dima Volovik Santa Monica CA 90403 US 2024-06-06
31 Anushka Arellano Santa Monica CA 90405 US 2024-06-06 32 Claudina Hanna Santa Monica CA 90405 US 2024-06-06
33 Ramana Duvvuri Santa Monica CA 90405 US 2024-06-06
34 Dorothy Savka Santa Monica CA 90403 US 2024-06-07
35 Sarah Biane Napa CA 94558 US 2024-06-07
36 Annie Volovik Los Angeles CA 90404 US 2024-06-07
37 Alana Preziosi Swedesboro NJ 8085 US 2024-06-07
38 Emily Volovik Santa Monica CA 90403 US 2024-06-07
39 George Mooradian Santa Monica CA 90404 US 2024-06-07 40 Anasheh Mooradian Santa Monica CA 90403 US 2024-06-07 41 Lynne Silverstein Santa Monica CA 90403 US 2024-06-07 42 Don't Agree With This Petition Build Affordable Housing in Santa Monica Santa Monica CA 90403 US 2024-06-07 43 Tatiana Khmilinina Santa Monica CA 90404 US 2024-06-07 44 Dale Llorens Santa Monica CA 90405 US 2024-06-07
45 Jean Ferret Santa Monica CA 90404 US 2024-06-07
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 46 Doyen Dinh Santa Monica CA 90403 US 2024-06-07
47 Victoria Fine Philadelphia PA 19129 US 2024-06-07
48 Lilia Allen Valencia CA 91354 US 2024-06-07
49 Kristin jacobson Santa Monica CA 90403 US 2024-06-07 50 Kezia Schulhof Santa Monica CA 90403 US 2024-06-07
51 angel Smith Chicago IL 60618 US 2024-06-07
52 Judie Henninger Santa Monica CA 90403 US 2024-06-07
53 Elizabeth Davey Los Angeles CA 90404 US 2024-06-07
54 steve montgomery berry creek CA 95916 US 2024-06-07
55 Paul Markillie Grand Blanc Township MI 48439 US 2024-06-07 56 Katharine Lawhorn Cleveland OH 44105 US 2024-06-07
57 Aaron Samberg Santa Monica CA 90403 US 2024-06-07
58 Kate Runyan Los Angeles CA 90028 US 2024-06-07
59 Emily Downing Los Angeles CA 90057 US 2024-06-07
60 Michael Stomatuk Long Beach CA 90805 US 2024-06-07
61 James Regalado Los Angeles CA 90006 US 2024-06-07
62 rosemary torossian Sherman Oaks CA 91423 US 2024-06-07 63 Jennifer Bender Santa Monica CA 90403 US 2024-06-07
64 lucie hnatio Santa Monica CA 90404 US 2024-06-07
65 Dan De Yo Yorba Linda CA 92886 US 2024-06-07
66 Luu Tran Santa Monica CA 90405 US 2024-06-08
67 Eric Rice Santa Monica CA 90404 US 2024-06-08
68 Rebecca Straw St Petersburg, FL 33712 US 2024-06-08
69 Sheila Clarke Santa Monica CA 90403 US 2024-06-08
70 Harry Zinn Santa Monica CA 90403 US 2024-06-08
71 Timothy Hankish Van Nuys CA 91408 US 2024-06-08
72 ricardo paganini Santa Monica CA 90403 US 2024-06-08 73 Heather Isaac Vista CA 92084 US 2024-06-08
74 Arlene Bell Santa Monica CA 90403 US 2024-06-08
75 Heidi Gordon Santa Monica CA 90403 US 2024-06-08
76 Michael Serra Playa Del Rey CA 90293 US 2024-06-08
77 Natasha Uspensky Santa Monica CA 90404 US 2024-06-08 78 Debbie Mitchell Santa Monica CA 90403 US 2024-06-08
79 Matt Waelder Santa Ana CA 92703 US 2024-06-08
80 Tess Myers Santa Monica CA 90404 US 2024-06-08
81 Hunter Myers Los Angeles CA 90404 US 2024-06-08
82 Miriam Alpern Westlake Village CA 90403 US 2024-06-08 83 Ian Snook Santa Monica CA 90403 US 2024-06-08
84 Jennifer Cassidy Los Angeles CA 90002 US 2024-06-08
85 Lizeth Bejarano Los Angeles CA 90404 US 2024-06-08
86 Drew Traglia Owings Mills MD 21117 US 2024-06-08
87 jay johnson Santa Monica CA 90403 US 2024-06-08
88 Syposs Melvin Santa Monica CA 90405 US 2024-06-09
89 Irene Inouye Santa Monica CA 90403 US 2024-06-09
90 Sharon Yamamoto Santa monica CA 90404 US 2024-06-09
91 Eric Chu Santa Monica CA 90404 US 2024-06-09
92 Nicholas Diorio Santa Monica CA 90403 US 2024-06-09
93 Naomi Blum Santa Monica CA 90403 US 2024-06-09 2
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 94 Kenneth Serra Los Angeles CA 90045 US 2024-06-09
95 Michael Winick Santa Monica CA 90404 US 2024-06-09
96 Elaine Korowitz Santa Monica CA 90403 US 2024-06-09
97 Edi Canolli Santa Monica CA 90404 US 2024-06-09
98 Colbie Coggins Myrtle Beach SC 29588 US 2024-06-09
99 Andrew Floyd Santa Monica CA 90404 US 2024-06-09
100 Houman Hemmati Santa Monica CA 90402 US 2024-06-09
101 Sharon Young Los Angeles CA 90035 US 2024-06-09
102 Karen Marks Los Angeles CA 90404 US 2024-06-09
103 Sandra F Santa Monica CA 90404 US 2024-06-09
104 Mark McLellan Santa Monica CA 90404 US 2024-06-09
105 Michael Strathearn Santa Monica CA 90403 US 2024-06-09 106 McLellan Wakako Santa monica CA 90404 US 2024-06-09 107 Denita Austin Santa Monica CA 90403 US 2024-06-10
108 Tony Brooks Santa Monica CA 90403 US 2024-06-10
109 Karen Croner Santa Monica CA 90405 US 2024-06-10
110 Lauri Crossman Santa Monica CA 90401 US 2024-06-10
111 Jennifer Cohn Los Angeles CA 90025 US 2024-06-10
112 Wendy Dembo Santa Monica CA 90403 US 2024-06-10
113 chelsea hardy Santa monica CA 90404 US 2024-06-10
114 Carmel Harper Los Angeles CA 90001 US 2024-06-10
115 Kelly Blair Santa monica CA 90404 US 2024-06-10
116 Monique Mendelivitz Los Angeles CA 90043 US 2024-06-10 117 Giacomo Valentini Santa Monica CA 90403 US 2024-06-10 118 John Alle Santa Monica CA 90403 US 2024-06-10
119 Michelle Bitting Paci
fic Palisades CA 90272 US 2024-06-10
120 beverly buehner santa monica CA 90409 US 2024-06-10 121 Joan Sekler Santa Monica CA 90403 US 2024-06-10
122 Flora Verba Los Angeles CA 91604 US 2024-06-10
123 Austin Olah Columbus GA 31907 US 2024-06-10
124 CHRISTOPHER EUBANKS SPOKANE VALLEY 99016 US 2024-06-10 125 Guy Cass Santa Monica CA 90404 US 2024-06-10
126 Carrie M Santa Monica CA 90403 US 2024-06-10
127 Jack Stone Santa Monica CA 90403 US 2024-06-11
128 MARY RICE Los Angeles CA 90401 US 2024-06-11
129 Madeleine Hertz Thousand Oaks CA 91358 US 2024-06-11 130 Mike M Santa Monica CA 90404 US 2024-06-11
131 Clara Seneca Santa Monica CA 90403 US 2024-06-11
132 Ti
ffany Brannan Alpharetta GA 30005 US 2024-06-11
133 Jay Padilla Los Angeles CA 90001 US 2024-06-11
134 James Hicks Santa monica CA 90404 US 2024-06-11
135 Zoey Zimmerman Los Angeles CA 90066 US 2024-06-11
136 Tracey Smith-Cheek Santa monica CA 90404 US 2024-06-11 137 Adel Hanna Santa Monica CA 90404 US 2024-06-11
138 Youstine Hanna Compton CA 90220 US 2024-06-11
139 Timolin Burke Santa Monica CA 90405 US 2024-06-11
140 Mark Galanty Culver City CA 90232 US 2024-06-11
141 Magdalena Schneider Los Angeles CA 90025 US 2024-06-11 3 Item 1
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 142 Maria Schneider Santa Monica CA 90405 US 2024-06-11 143 Melissa Cook Santa Monica CA 90403 US 2024-06-11
144 Dijana Marjanovic Santa Monica CA 90403 US 2024-06-11 145 Marina Milosevic Santa Monica CA 90404 US 2024-06-11 146 Bozidar Marjanovic Santa monica CA 90404 US 2024-06-12 147 Victoria Ganim Santa Monica CA 90404 US 2024-06-12
148 Zana Marjanovic Santa Monica CA 90403 US 2024-06-12 149 dominic trapani Santa Monica CA 90403 US 2024-06-12 150 Joe Salazar Santa monica CA 90404 US 2024-06-12
151 Victoria Best Santa Monica CA 90405 US 2024-06-12
152 Alisa Bizzul Santa Monica CA 90403 US 2024-06-12
153 Muayad Ahmed Dallas TX 75287 US 2024-06-12
154 Arlene Hopkins Santa Monica CA 90405 US 2024-06-12
155 Francesco DiCosmo Minneapolis MN 55478 US 2024-06-12 156 Ralphie Beam Cumberland MD 21502 US 2024-06-12
157 Arthur Jeon Santa Monica CA 90401 US 2024-06-12
158 Aleeah Hayes Kansas City MO 64157 US 2024-06-12
159 Richard Orton Beverly Hills CA 90210 US 2024-06-13
160 DANIELLE CHARNEY Santa Monica CA 90403 US 2024-06-13 161 Crystal Nguyen Santa monica CA 90404 US 2024-06-13
162 Austin Murphy Santa monica CA 90404 US 2024-06-13
163 Ellie Bowen Santa monica CA 90404 US 2024-06-13
164 Lucy Hanna Santa Monica CA 90403 US 2024-06-13
165 Jenny Morrow Santa monica CA 90404 US 2024-06-13
166 Lonnie Guinn Santa Monica CA 90404 US 2024-06-13
167 Michael Miller Long Beach CA 90805 US 2024-06-13
168 Dana Ryan Santa monica CA 90404 US 2024-06-13
169 Elizabeth Lerer Santa Monica CA 90402 US 2024-06-13 170 Azita Mohasseb Santa monica CA 90404 US 2024-06-13
171 Rachel Newman Santa Monica CA 90403 US 2024-06-13
172 Tracy Camparone Santa Monica CA 90401 US 2024-06-13 173 LYLE THARP Los Angeles CA 90011 US 2024-06-13
174 Kate Staben Santa Monica CA 90403 US 2024-06-13
175 Katya Chelu Los Angeles CA 90034 US 2024-06-14
176 Susan Suntree Santa Monica CA 90403 US 2024-06-14
177 Giovanni Malone Santa monica CA 90404 US 2024-06-14 178 Jacob Johnson Los Angeles CA 90011 US 2024-06-14
179 Philip B Austin TX 78728 US 2024-06-14
180 riquel shane Santa Monica CA 90403 US 2024-06-14
181 Mitch North Santa Monica CA 90405 US 2024-06-14
182 Michael de Villiers Santa Monica CA 91359 US 2024-06-14 183 Amy Wruble Santa Monica CA 90403 US 2024-06-14
184 Melissa Holmes Los Angeles CA 90042 US 2024-06-14
185 Jamaica Rose Wake
field Santa Monica CA 90403 US 2024-06-14
186 Rachel Bartlett Santa Monica CA 90404 US 2024-06-14 187 Nicola Pannacciulli Santa Monica CA 90403 US 2024-06-14 188 Simone Solivan Santa monica CA 90401 US 2024-06-14
189 Taylor Klapsis Los Angeles CA 90028 US 2024-06-14 4 Item 1
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 190 Valerie Mallevergne Los Angeles CA 90022 US 2024-06-14 191 Andrea Waters Santa Monica CA 90402 US 2024-06-14
192 Joyce Solivan Santa monica CA 90403 US 2024-06-14
193 Amy Amy Daly Santa Monica CA 90403 US 2024-06-14
194 Mingiyan Kityaev santa monica CA 90404 US 2024-06-14 195 D Harari Santa monica CA 90403 US 2024-06-14
196 Christine Liang Santa monica CA 90403 US 2024-06-15 197 Kelly Snopek Santa Monica CA 90403 US 2024-06-15
198 Mehran Hamidnia Sterling VA 20165 US 2024-06-15
199 Melanie Martin Santa Monica CA 90404 US 2024-06-15
200 Suz Park Santa Monica CA 90403 US 2024-06-15
201 Britta Schort Santa Monica CA 90403 US 2024-06-15
202 Valery Benitez canovanas PR 729 US 2024-06-15
203 Erika Rikhiram Clermont FL 34711 US 2024-06-15
204 Deborah Kuzma Santa Monica CA 90401 US 2024-06-15
205 Kollyn Kanz Richardson TX 75080 US 2024-06-15
206 Marlea Welton Santa Monica CA 90403 US 2024-06-15
207 Anna Gutierrez Phoenix AZ 85041 US 2024-06-15
208 Jennifer Giles Santa Monica CA 90403 US 2024-06-15
209 Jenee Castellanos Santa Monica CA 90404 US 2024-06-15 210 Francisco Quintana Santa Monica CA 90401 US 2024-06-15 211 Celeste Akiki Los Angeles CA 90059 US 2024-06-16
212 Igor Murokh Santa Monica CA 90403 US 2024-06-16
213 Alexandra Bauer Los Angeles CA 90011 US 2024-06-16
214 Tatyana Gurlo Santa Monica CA 90403 US 2024-06-16
215 Jean Reichle Santa Monica CA 90401 US 2024-06-16
216 Meredith Steele Santa Monica CA 90403 US 2024-06-16 217 Chris Bowers Santa Monica CA 90405 US 2024-06-16
218 Chad Cancelosi Santa Monica CA 90403 US 2024-06-16
219 Jackie Golding Los Angeles CA 90404 US 2024-06-16
220 Adam Collins Santa Monica CA 90404 US 2024-06-16
221 Francesco Pollice Los Angeles CA 90047 US 2024-06-16 222 Stan Velicky Santa Monica CA 90404 US 2024-06-16
223 Audrey London Santa Monica CA 90403 US 2024-06-16
224 Anirudh Bali Santa Monica CA 90404 US 2024-06-16
225 Matt Silk Los Angeles CA 90001 US 2024-06-16
226 Shamshi España Santa Monica CA 90401 US 2024-06-16
227 Yukiko Matsui Santa Monica CA 90403 US 2024-06-16
228 Esther Chung Santa Monica CA 90403 US 2024-06-16
229 Maria Aguinaldo Santa Monica CA 90403 US 2024-06-16 230 Amanda Manning Los Angeles CA 90019 US 2024-06-16
231 Eric Mendigana Los Angeles CA 90011 US 2024-06-16
232 Matthew Tigrak Santa Monica CA 90403 US 2024-06-16
233 Adam Kaluba Burleson TX 76028 US 2024-06-16
234 Lynne McClowry Santa Monica CA 90405 US 2024-06-16
235
J​.​B. Redwood Santa Monica CA 90403 US 2024-06-16
236 Ross Peare Santa Monica CA 90403 US 2024-06-16
237 Kylie Steele Portland OR 97209 US 2024-06-16 5
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 238 david hazan Los Angeles CA 90047 US 2024-06-16
239 K Hafner Los Angeles CA 90403 US 2024-06-17
240 Donna Trousdale Santa monica CA 90403 US 2024-06-17 241 Bryce Flanagan Los Angeles CA 90060 US 2024-06-17
242 Maayan Epstein Los Angeles CA 90404 US 2024-06-17
243 Molly Bohas Los Angeles CA 90027 US 2024-06-17
244 Andrew Davis Santa Monica CA 90043 US 2024-06-17
245 Jennifer Montgomery Santa Monica CA 90403 US 2024-06-17 246 Jill Mcfadden Santa Monica CA 90403 US 2024-06-17
247 Arthur Page Santa Monica CA 90403 US 2024-06-17
248 Ben Rothenberg Los Angeles CA 90011 US 2024-06-17
249 Violet Gooding Santa Monica CA 90402 US 2024-06-17
250 Lisa Jimenez Santa Monica CA 90404 US 2024-06-17
251 JEFF JARMAKANI Santa Monica CA 90405 US 2024-06-17
252 Shadi Khatib Los Angeles CA 90037 US 2024-06-17
253 Robert Baggott Los Angeles CA 90047 US 2024-06-17
254 Kim Blide Santa Monica CA 90403 US 2024-06-17
255 Gisela Rivera Beverly Hills CA 90210 US 2024-06-17
256 dayshun carper Lynchburg VA 24503 US 2024-06-17
257 Karen Peterson Santa Monica CA 90403 US 2024-06-17
258 Vida Barco Los Angeles CA 90047 US 2024-06-17
259 Brandon Volas Santa Monica CA 90403 US 2024-06-17
260 Ali Colette Los Angeles CA 90047 US 2024-06-17
261 Nela Fry Beverly Hills CA 90210 US 2024-06-17
262 Ammber Hoang Duluth GA 30096 US 2024-06-17
263 Linda E Santa Monica CA 90403 US 2024-06-17
264 Gladys Cruz Los Angeles CA 90060 US 2024-06-17
265 lauree segal Santa Monica CA 90402 US 2024-06-17
266 Raul Yrastorza Santa Monica CA 90403 US 2024-06-17
267 Linda Duva Los Angeles CA 90037 US 2024-06-17
268 Tara Vatankhah Los Angeles CA 90005 US 2024-06-17
269 Kyle Biane Santa Monica CA 90404 US 2024-06-17
270 Niranjan Martin los angeles CA 90066-3530 US 2024-06-17 271 Jennifer Simpkins Los Angeles CA 90403 US 2024-06-18 272 Paul Vincent Los Angeles CA 90015 US 2024-06-18
273 Hamoon Azizi Santa Monica CA 90403 US 2024-06-18
274 Yara Al Khatib Los Angeles CA 90405 US 2024-06-18
275 Madison Hill Santa monica CA 90401 US 2024-06-18
276 Trevor H Los Angeles CA 90401 US 2024-06-18
277 T Hirano Santa monica CA 90401 US 2024-06-18
278 Calvin Cooper New York NY 10022 US 2024-06-18
279 Cody Urode Califprnia GA 30331 US 2024-06-18
280 Karla Herbach West Hollywood CA 90069 US 2024-06-18 281 Jay M Jarmakani Lahaina HI 96761 US 2024-06-18
282 Rhonda W Durham Las Vegas NV 89122 US 2024-06-18
283 Stephani Ritenour Santa Monica CA 90403 US 2024-06-18 284 Michael Avery Santa Monica CA 90403 US 2024-06-18
285 Faye Bautista Westlake Village CA 91362 US 2024-06-18 6 Item 1
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 286 Cat Bass Santa Monica CA 90404 US 2024-06-18
287 Martyn Henderson Moreno Valley CA 92553 US 2024-06-18 288 Theresa Zhu Dallas TX 75234 US 2024-06-18
289 colleen norton Los Angeles CA 90066 US 2024-06-18
290 Thomas Daigle Santa Monica CA 90403 US 2024-06-18
291 Deborah Andjel stewart Santa monica CA 90403 US 2024-06-18 292 Andrew Abel Santa Monica CA 90403 US 2024-06-18
293 Hayden Ste
ffens Los Angeles CA 90047 US 2024-06-18
294 Ted Myers Santa Monica CA 90403 US 2024-06-18
295 Tom Scho
field Santa Monica CA 90403 US 2024-06-19
296 Audrey capin Santa Monica CA 90404 U.S 2024-06-19
297 Laura Guerra Santa Monica CA 90403 US 2024-06-19
298 Mark McLellan Santa Monica CA 90404 US 2024-06-19
299 Leslie Newlee Los Angeles CA 90066 US 2024-06-19
300 KAIO Ibarra West Hollywood CA 90069 US 2024-06-19
301 Joe Carpenter Venice CA 90291 US 2024-06-19
302 Rhona Attwater Los Angeles CA 90403 US 2024-06-19
303 Wen Yeh Santa monica CA 90403 US 2024-06-19
304 Laura Longacre Santa Monica CA 90403 US 2024-06-19
305 Garik Arutyunyan Santa Monica CA 90403 US 2024-06-19 306 Siranush Madanyan Santa Monica CA 90404 US 2024-06-19 307 Jennifer Caprow Santa Monica CA 90401 US 2024-06-19 308 Joshua Bressman Los Angeles CA 90047 US 2024-06-19
309 Peter Galier Los Angeles CA 90002 US 2024-06-19
310 Jenna Handweiler West Hollywood CA 90069 US 2024-06-19 311 Nicole Ouwenga-Scott West Hollywood CA 90069 US 2024-06-19 312 Ted Catanzaro Santa Monica CA 90401 US 2024-06-19
313 Kelli Haas Los Angeles CA 90013 US 2024-06-19
314 Svitlana Masko Santa Monica CA 90403 US 2024-06-19
315 Harriet Lipson West Hollywood CA 90069 US 2024-06-19 316 Kylee Robinson Murfreesboro TN 37130 US 2024-06-19
317 Sanam Yacoubian Santa Monica CA 90404 US 2024-06-19 318 Dayna Ambrosio Santa Monica CA 90404 US 2024-06-19
319 Carmen Garay Los Angeles CA 90047 US 2024-06-19
320 Angel Cooley Santa Monica CA 90404 US 2024-06-20
321 Ilsse Pena Houston TX 77088 US 2024-06-20
322 Dominic Taylor Los Angeles CA 90047 US 2024-06-20
323 Nick Rondinelli West
field MA 1085 US 2024-06-20
324 Andrew Browning Los Angeles CA 90060 US 2024-06-20
325 Celina Molina-Gonzalez Santa Monica CA 90404 US 2024-06-20 326 Paula Swanberg Santa Monica CA 90404 US 2024-06-20
327 Maya Edgoose Madison WI 53705 US 2024-06-20
328 Bob Lynn Los Angeles CA 90006 US 2024-06-20
329 dawn ahrens Santa Monica CA 90403 US 2024-06-20
330 Larissa Haykinson Santa Monica CA 90403 US 2024-06-20 331 Alexandra Nicole Santa Monica CA 90404 US 2024-06-20 332 Emalee Robinson Salt Lake City UT 84107 US 2024-06-20 333 Elizabeth Lopez Morgan Hill CA 95037 US 2024-06-20 7 Item 1
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 334 John Hill Santa Monica CA 90403 US 2024-06-20
335 Alexandra Baron Santa Monica CA 90403 US 2024-06-20 336 Daniel Regan Silver Spring MD 20910 US 2024-06-21
337 Monica Bambic Van Nuys CA 91406 US 2024-06-21
338 Brenda Smith Santa Monica CA 90404 US 2024-06-21
339 Kira Mengistu Los Angeles CA 90057 US 2024-06-21
340 Nancy Spears Minneapolis MN 55478 US 2024-06-21
341 Ricardo Chavira Santa Monica CA 90404 US 2024-06-21 342 Rose Liu Pleasanton CA 94566 US 2024-06-21
343 Kendal Joseph Santa Monica CA 90402 US 2024-06-21
344 Daniel Salerno Santa Monica CA 90405 US 2024-06-21
345 Lisa Ed Los Angeles CA 90004 US 2024-06-21
346 Janet Gallaher Riverside CA 92503 US 2024-06-21
347 Esther Levitansky Los Angeles CA 90047 US 2024-06-21 348 Je
ff Levy Santa Monica CA 90401 US 2024-06-21
349 John Moore Santa Monica CA 90403 US 2024-06-21
350 Eli Levitansky Santa Monica CA 90404 US 2024-06-21
351 Katelynn Martinell Santa Monica CA 90404 US 2024-06-21 352 Nelson Vu Santa Monica CA 90404 US 2024-06-21
353 John Li Santa Monica CA 90404 US 2024-06-22
354 Milena R Northridge CA 91324 US 2024-06-22
355 Treyvon Marshall Lafayette LA 70506 US 2024-06-22
356 Ryan Reid Santa Monica CA 90404 US 2024-06-22
357 Eric Sloss Santa Monica CA 90405 US 2024-06-22
358 Bryan Obi Carrollton TX 75007 US 2024-06-22
359 Janet Kleinman Santa Monica CA 90404 US 2024-06-22
360 Jessica Wendland Los Angeles CA 90016 US 2024-06-22 361 Jon Stout Santa Monica CA 90404 US 2024-06-22
362 Daniel Fitzgerald Santa Monica CA 90403 US 2024-06-22 363 Nilou Ehya Santa Monica CA 90404 US 2024-06-22
364 Melinda Gilmore Santa monica CA 90403 US 2024-06-22 365 Robbie Barber Los Angeles CA 90404 US 2024-06-22
366 carey larson Santa Monica CA 90403 US 2024-06-22
367 Joe Gilmore Santa Monica CA 90403 US 2024-06-23
368 Janella Godoy Santa Monica CA 90404 US 2024-06-23
369 Ina G West Hollywood CA 90069 US 2024-06-23
370 Lauren Dombrova Los Angeles CA 90026 US 2024-06-23
371 Ruslan Allahverdi Santa Monica CA 90405 US 2024-06-23 372 Natalie Allhaverdi Santa Monica CA 90404 US 2024-06-23 373 Natalie Allahverdi Santa Monica CA 90405 US 2024-06-23 374 Carl Middlebrooks Santa Monica CA 90404 US 2024-06-23 375 Charlotte Johnson Santa Monica CA 90405 US 2024-06-23 376 Ana Pekarovic Tujunga CA 91043 US 2024-06-23
377 M Netter Santa Monica CA 90403 US 2024-06-23
378 Santa Monica Resident Santa Monica CA 90403 US 2024-06-23 379 Rebecca Dayanim Los Angeles CA 90025 US 2024-06-23
380 Madeleine Mizrahi Los Angeles CA 90047 US 2024-06-23 381 Micah DeKofsky Santa Monica CA 90403 US 2024-06-23 8 Item 1
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 382 JACOB Pullen Santa Monica CA 90403 US 2024-06-23
383 Neil Carrey Santa Monica CA 90403 US 2024-06-23
384 Mary Brinkman Los Angeles CA 90062 US 2024-06-23
385 Gladys Gruen Los Angeles CA 90008 US 2024-06-23
386 Renee C Milliken Santa Monica CA 90404 US 2024-06-23 387 Gabija Jurkutaityte Santa Monica CA 90403 US 2024-06-23 388 Farrokh Allen Santa Monica CA 90403 US 2024-06-23
389 Anthony Vaccariello Santa Monica CA 90403 US 2024-06-23 390 John Gruen Riverside CA 92503 US 2024-06-23
391 Aleksey Ageyev Santa Monica CA 90404 US 2024-06-23
392 Sharon Currytto Santa Monica CA 90404 US 2024-06-23 393 Kathy Metaxas Santa Monica CA 90403 US 2024-06-23
394 Nancy Choate Santa Monica CA 90403 US 2024-06-23
395 Michelle Feiner Santa monica CA 90403 US 2024-06-23 396 Kat Lansbury Santa Monica CA 90403 US 2024-06-23
397 Eli Feiner Philadelphia PA 19141 US 2024-06-23
398 Antanina Temeikiene Santa Monica CA 90403 US 2024-06-23 399 Ricki Wolman Santa Monica CA 90403 US 2024-06-23
400 Nicole Tursi Goodyear AZ 85338 US 2024-06-23
401 Brianna Kau
ffman Santa Monica CA 90403 US 2024-06-23
402 Ellie Savova Santa Monica CA 90404 US 2024-06-23
403 Alex Maddalosso Los Angeles CA 90047 US 2024-06-23
404 Jill Sorensen Santa Monica CA 90403 US 2024-06-23
405 Alyse Zaczepinski Santa Monica CA 90403 US 2024-06-23 406 Jill Cromwell Wang Santa monica CA 90402 US 2024-06-23 407 Tracy Ware Santa Monica CA 90404 US 2024-06-23
408 Galit Paiuk Los Angeles CA 90047 US 2024-06-23
409 Kathleen Umemoto La Crescenta CA 91214 US 2024-06-23 410 Mark Anikst Santa Monica CA 90403 US 2024-06-23
411 Elian Paiuk Santa Monica CA 90403 US 2024-06-23
412 William Christensen Santa Monica CA 90403 US 2024-06-23 413 Michael Vazquez Santa Monica CA 90403 US 2024-06-23 414 Rachel Zeev Santa Monica CA 90404 US 2024-06-24
415 Sophie Dornstreich Santa Monica CA 90403 US 2024-06-24 416 Rebecca Skalaski Santa Monica CA 90404 US 2024-06-24 417 Carmen Dwyer Santa Monica CA 90404 US 2024-06-24
418 Clara Cormons Santa Moica CA 90403 US 2024-06-24
419 Chana Tenenbaum Santa Monica CA 90401 US 2024-06-24 420 Chris Jackson Beverly Hills CA 90210 US 2024-06-24
421 Lauren Henderson Santa Monica CA 90403 US 2024-06-24 422 Joan Edwards Santa Monica CA 90403 US 2024-06-24
423 Britta Slinger Santa Monica CA 90402 US 2024-06-24
424 Jaleh Mirhashemi Santa Monica CA 90403 US 2024-06-24 425 Elizabeth Patterson Santa Monica CA 90402 US 2024-06-24 426 Angelika Devol Santa Monica CA 90402 US 2024-06-24
427 amy thompson Santa Monica CA 90403 US 2024-06-24
428 William Velasco Los Angeles CA 90006 US 2024-06-24
429 Kara Boccella Inglewood CA 90306 US 2024-06-24 9
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 430 Kate Handley West Hollywood CA 90069 US 2024-06-24
431 Rachel Brown Santa Monica CA 90404 US 2024-06-24
432 Michael Boccella Santa Monica CA 90402 US 2024-06-24 433 Heather Reed Santa Monica CA 90403 US 2024-06-24
434 Jessica Pirrone Santa Monica CA 90402 US 2024-06-24 435 Gary Weinhouse Los Angeles CA 90042 US 2024-06-24
436 Dana Kotler Los Angeles CA 90049 US 2024-06-24
437 Andrew Dobitsch Los Angeles CA 90066 US 2024-06-24
438 Farnaz Hayavi Santa Monica CA 90403 US 2024-06-24
439 Kiki Zhang Santa Monica CA 90403 US 2024-06-24
440 Abigail Bruhnke Santa Monica CA 90405 US 2024-06-24 441 shawn Adhami Santa Monica. CA 90403 US 2024-06-24
442 Marty Umemoto La Crescenta CA 91214 US 2024-06-24
443 Doctor Rebecca Udell Santa Monica CA 90403 US 2024-06-24 444 Ryan Umemoto La Crescenta CA 91214 US 2024-06-24
445 Heidi Brooks Los Angeles CA 90001 US 2024-06-24
446 Rosha Mamit Santa Monica CA 90403 US 2024-06-24
447 Dayton Parcells Santa Monica CA 90403 US 2024-06-24 448 Kal Youdon Sacramento CA 95814 US 2024-06-24
449 Marisol Santana Santa Monica CA 90404 US 2024-06-24 450 Dashiell Brooks Long Beach CA 90810 US 2024-06-24
451 Marcie Kravitz Santa Monica CA 90403 US 2024-06-24
452 Jessica Katz West Hollywood CA 90069 US 2024-06-24
453 Susan Alinsangan Santa Monica CA 90405 US 2024-06-24 454 Mahin Tafazoli Los Angeles CA 90047 US 2024-06-24
455 Robert Shiri Santa Monica CA 90404 US 2024-06-24
456 rebecca katz pac pal CA 90272 US 2024-06-24
457 Liliana Dasic Santa Monica CA 90403 US 2024-06-24
458 Julie Kim Santa Monica CA 90404 US 2024-06-24
459 Ruben Ligon Santa Monica CA 90404 US 2024-06-24
460 Gabriela Huizar Los Angeles CA 90404 US 2024-06-24
461 Alan Alavi Santa Monica CA 90403 US 2024-06-24
462 Mark Varo Santa monica CA 90402 US 2024-06-24
463 Sabrina Kachurka Santa Monica CA 90404 US 2024-06-24 464 G Parcells Santa Monica CA 90403 US 2024-06-24
465 rojin zamanian Santa Monica CA 90403 US 2024-06-24
466 Wai Mei Lee Santa Monica CA 90402 US 2024-06-24
467 Courtney Meier New York NY 10031 US 2024-06-24
468 Thomas Hawkins Joshua Tree CA 92252 US 2024-06-24
469 Colette Christensen Santa Monica CA 90403 US 2024-06-24 470 Mary Gwynn Santa Monica CA 90403 US 2024-06-24
471 A Pearl Los Angeles CA 90404 US 2024-06-24
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) petition_comments_jobs_490090287_20240624170810
Petition: Safety & Trust: Residents Demand Transparent Process for Developments Name City State Postal Code Country Commented Date Comment Joyce Urode Santa Monica CA 90401 US 2024-06-06 "i’ve been assaulted by a homeless man and kicked in the street! i’m lucky to be alive.now im afraid to walk my dogs! santa monica is over developed! the streets are so crowded it takes an hour to get out of santa monica! we need to get a city council and city manager who care about the quality of life the residents in santa monica have! we need to feel safe to walk down our streets or drive our cars! niw homeless housing on round real estate . no common sense at all🤬 "
Mike Sill Santa Monica CA 90401 US 2024-06-06 "Santa Monica is no longer a safe community. The city council puts the needs of the few ahead of the majority and in doing so has created unsafe neighborhoods. It's not safe to walk the streets day or night." Santa Monica Neighbors Demand Stop to Irresponsible Development Santa Monica CA 90404 US 2024-06-06 "It is absolutely irresponsible to have services for homeless mental health and feeding programs in the middle of a dense residential neighborhood. Lincoln Junior High School, PS1 Pluralistic School One, and 310 Tutors are all blocks away from these services. There are also numerous senior assisted living throughout the area. Another vulnerable population of folks. Parents from Roosevelt Elementary School, Franklin Elementary School, and Lincoln Junior High School were not notified, that homeless services would be right next to Lincoln Junior High School! This makes no sense at all. There are other appropriate properties for this to be built on." Don't Agree With This Petition Build Affordable Housing in Santa Monica Santa Monica CA 90403 US 2024-06-07 "I'm signing because no one in Santa Monica should have a home!" Tatiana Khmilinina Santa Monica CA 90404 US 2024-06-07 "Please protect the residents rights. Curent process doesn’t account for the residents’ interest- which is total oxymoron, it is paid by residents and it’s going to affect residents severely. Stop deterioration of Santa Monica!" Kristin jacobson Santa Monica CA 90403 US 2024-06-07 "I hate the direction Santa Monica is going." Michael Strathearn Santa Monica CA 90403 US 2024-06-09 "WE NEED TO STOP THIS MADNESS! We need to keep the current housing and do 'section 8' for those who need it. Cheaper, easier, and saves the City." Karen Croner Santa Monica CA 90405 US 2024-06-10 "We demand transparency from the city. The staff works for us, the residents. We pay their salaries." John Alle Los Angeles CA 90272 US 2024-06-10 "Santa Monica residents and property owners deserve more transparency. We have an oversupply of housing. Developers should not be allowed to serve on any City commission or City-controlled non-profit. The City Council should insist its City attorney and 20+ in-house attorneys follow the example of other cities, and fight Sacramento to regain local control of density and height laws. There should be at least 3 parking spaces per apt unit, plus 2 parking spaces per ground floor retail unit. Otherwise in 5 years Santa Monica will be a blighted and congested city." Michelle Bitting Pacific Palisades CA 90272 US 2024-06-10 "People should have a say in how their communities are impacted by rampant overbuilding. Need transparency in these negotiations!" beverly buehner santa monica CA 90409 US 2024-06-10 "We need more transparency, more meeting to discuss this entire project. A project of this nature doesn’t belong in the middle of a neighborhood. It requires lots of thoughtful consideration, including the neighborhood people. I do it believe that has properly happened as yet." Guy Cass Santa Monica CA 90404 US 2024-06-10 "The city is allowing too many large projects without sufficient parking and they are generating too much traffic. The parking and traffic studies use alternative transportations like bikes, trains, and Uber that are unrealistic.

The majority of people are driving. These traffic and parking studies are contrived in order get projects approved that otherwise would not be approved. I know this because I have worked on large projects involving EIR (Environmental Impact Reports) including traffic and parking studies for over a decade. The city council members are being hoodwinked by savvy developers proposing appealing incentives that are not worth the actual impacts to the city."
danielle charney santa Monica CA 90405 US 2024-06-13 "We must stand up to the City and it's staff decisions that cater to developers and local pressure groups like Santa Monica Forward and Abundant Parking..and anyone else who agrees with them ..they have brought all this on..they lobbied SCAG and directed developer donations to the players in Sacramento -they backed the bills $$$$ ... we must stop the total ruin of Santa Monica- no more of these sellouts on the dais- and a full investigation of what happened to raise our RHNA mandates to the absurd amount it is now.. these same groups are now trying to raise these mandates to 15000 and more.. when will this City with out tax dollars stop - ? When we tell them to with our votes..do not support the Slate they are proposing.. Snell, Zernitskaya, Hall and Raskin must not get on that dais or we are never going to stop this." Igor Murokh Santa Monica CA 90403 US 2024-06-16 "This city council does not care about city, vote them out asap." Maria Aguinaldo Santa Monica CA 90404 US 2024-06-16 "maria aguinaldo" Raul Yrastorza Santa Monica CA 90403 US 2024-06-17 "This needs to stop. We need solid infrastructure first before development can continue. DOT can’t even do their job enforcing the rampant disregard to parking rules, proper enforcing of 2 and 4 hour parking, enforcing permit parking violators and being understaffed. Build more later" Ramana Duvvuri Santa Monica CA 90405 US 2024-06-17 "Tuesday is the 18th. Is the zoom meeting on the 18th or 19th?" Teresa Hirano Marina del Rey CA 90292 US 2024-06-18 "The surrounding community was not given any notice of these projects, there is NO signage for pending approval or anything on the sites, there are much better places for homeless housing to go, not a good place in the middle of a business and residential area! We need mental health facilities and drug rehab for these people away from neighborhoods, they don't want housing!" colleen norton Los Angeles CA 90066 US 2024-06-18 "I ATTENDED THE ZOOM MEETING 5/23/2024 REGARDING THE 14TH ST. PROPOSED NEW BUILDINGS. I KNOW I AM WASTING MY TIME, AS THIS COMMENT OPPORTUNITY IS JUST A FORMALITY THAT YOU ARE REQUIRED TO CONDUCT AS PART OF THE PROCESS. YOU ARE NOT REALLY INTERESTED IN OUR COMMENTS AS YOU HAVE ALREADY MADE YOUR MINDS UP AND THE PROCESS OF BULIDING THESE OVER

SIZED UGLY BUILDINGS BEGAN A LONG TIME AGO YOU ARE ALWAYS TOUTING DIVERSITY, BUT THIS AND ALL PRIOR CITY COUNCILS MEMEBERS HAVE BEEN THE LEAST DIVERSE AS YOU ALL HAVE THE SAME MIND SET, WHICH IS, YOU WILL ACCEPT AND LIKE ANY THING WE WANT TO BUILD, WE WILL NOT CHANGE OUR MINDS AS WE KNOW BETTER HOW TO RUN THE CITY THAN YOU, DON’T QUESTION OR OBJECT TO OUR GENIUS WHAT WENT ON DURING COVID AND AFTER WHERE THE STATE AND CITY JOINED INTO SOME KIND OF ALLIANCE WHERE YOU NOW CAN BUILD THESE MAMOUTH 20+ STORY BUILDINGS ANYWHERE YOU WANT? GOOD BYE TO WHAT SANTA MONICA USED TO BE. YOU KNOW YOU WILL ALWAYS GET YOUR WAY EVEN IF THE CITAZEN DON’T WANT YOUR IDEAS. EXAMPLE: GOOD BYE TO AVAILABLE PARKING, GOOD BYE TO SANTA MONICA AIRPORT / THE MIRA MAR BEAST / SANTA MONICA BLVD GEARY TOWER / THE LITE RAIL / 17TH STREET BIKE MAZE / GELSONS MONSTROSITY PARKING:

THE 14TH ST. & EUCLID OPEN LOTS HAVE SUPPORTED THE LOCAL COMMUNITY FOR DECAIDS, THEY ARE ALWAYS BUSY AND FULL. UCLA HOSPITAL IS WITHIN WALKING DISTANCE TO DOCTOR APPOINTMENTS AS WELL AS LOCAL BUSINESS AND CONSTRUCTION WORKERS WHO PARK THERE FOR THE DAY, FAMILY, FRIENDS, YOU ARE DISTROYING (49) PARKING SPOTS @1217 EUCLID AND (49) PARKING SPOTS @1211 14THST. THE BULIDING WILL HAVE 65 HOUSES WITH ONLY 43 AVAILABLE PARKING AND 14TH ST. WILL HAVE AT LEAST EQUAL PARKING (45) HOUSES TO (43) PARKING. TOTAL OF (98) LOST PARKING SPOTS. WHERE ARE THESE PEOPLE SUPPOSE TO GO? NO NOT ON THE E-BIKES, THERE IS ALREADY NO ROOM ON THE STREETS TO PARK NOW SHADE: HAVING LISTENED TO THE PRESENTATION. THE ARCHETECH MINIMIZED THE BUILDING SHADE ISSUE, WELL IF YOU PUT A 6 STORY BUILDING IN FRONT OF A 2 STORY AND 4 STORY DWELLING, FACEING WEST, YOU HAVE BUILT YET ANOTHER DARK CANYON OF BUILDINGS THAT ARE UGLY AND RESEMBLE CARGO CONTAINERS. ONCE THERE WAS LIGHT AND NOW THERE WILL BE DARKNESS BUILDING UTILIZATION AND COORDINATION WITH UCLA: SUGGESTION SWAP THE EUCLID PROPERTY WITH THE 14TH STREET PROPERTY. IT MAKES MORE SENSE TO HAVE THE EUCLID PROPERTY THAT NEEDS RESOURCES TO BE IN CLOSE PROXCINITY TO ULCA MEDICAL CENTER THAT HAS RESOURCES AND BOTH FACILITIES CAN LEVERAGE AND INTERGRATE RESOURCES. THE FOOT PRINT IS PRETTY MUCH THE SAME SIZE, SO NO BIG DEAL TO SWAP PROJECTS. THE 14TH STREET PROPERTY WOULD FIT BETTER INTO THE EXISTING EUCLID NEIGHBORHOOD AND THE EUCLID PROPERTY WOULD BETTER INTERGRATE INTO THE UCLA CAMPUS RESOURCES AND LIASION TOGETHER. WITH THE SWITCH OF THE BUILDING THERE IS LESS EXISTING RESIDENT DISRUPTION. THERE ARE ONLY A FEW RESIDENTS ON 14TH STREET VS. EUCLID HAS AT LEAST 12 RESIDENTS AFFECTED. SECURITY: THE GROUND LEVEL SPACE IS NICE BUT I DON’T THINK YOU HAVE ADDRESSED THE NEED FOR SECURITY GATES, DON’T FORGET SANTA MONICA IS HOME OF THE HOMELESS. LASTLY, DON’T FORGET TO GIVE YOURSELFVES THOSE PHONY ENVIRONMENTAL AWARDS. YOU STILL HAVE A PARKING ISSUE TO RESOLVE, CARS WILL NOT GO AWAY NO MATTER HOW HARD YOU TRY."
Deborah Andjel stewart Santa monica CA 90403 US 2024-06-18 "Worried about safety issues" colleen norton Los Angeles CA 90066 US 2024-06-18 "Who in their right mind decided to put a facility for the chronically mentally ill people in a neighborhood community. I guess those decision makers are as mentally ill as the people they are trying to house. You disgust me, you have no regards for the existing people who's life will be forever changed in a bad way if a mental facility if brought into our neighborhood. To be in fear to go out and empty the garbage in fear of being attacked as it is today in the city, gee I can't wait till you put more mentally ill people to perpetrate in the neighborhood. and what are you going to do with 100 people looking for parking when there is none available? Is there anyone out there to push back on these lunatic ideas?"
Ted Myers Santa Monica CA 90403 US 2024-06-18 "I have seen my city of Santa Monica go to hell in the handbasket of corporate greed. Have you asked the local residents?" Tom Schofield Santa Monica 90403 US 2024-06-19 "I am disappointed that the Santa Monica city council would’ve thought this a good idea in the first instance, but I’m surprised that even THEY would be so out of touch as to choose a location so close to a school. Read the room! We all know the local crime statistics, and we know how often homeless populations are involved. it is borderline dereliction of duty on the city council’s part to even approve such a location (hoping that the voters won’t notice or correct the problem). The city council is supposed to be representing us, not whatever warped dogma rationalizes the logic of housing Santa Monica’s lowest functioning mentally ill antisocial delinquent adults near a school."
Audrey capin Santa Monica CA 90403 US 2024-06-19 "My experience with the City in addressing safety/traffic concerns with the onslaught of development fell on deaf ears. I was told by the city planner assigned to 2025 Wilshire the only way to “halt” a project was through the “Mobility Department” which I did because our alley, with multiple blind corners, is ALREADY a safety hazard to us residence without the additional 210 vehicles (passenger & commercial) that will be solely funneled through the alley. Sent photos/video to support the safety/congestion concerns and heard NOTHING back, not even a generic form acknowledging receipt. The City was also made aware that residents were not fairly notified of required meeting from developer (their notifications were sent in plain white envelopes, no company name or return address . . . looked like junk mail. I almost became a victim of this tactic not only when the plan was for a 4-story building but then again when they doubled down adding an additional 4-stories). Political donations are public records. In 2020 a BOATLOAD of money was donated to City Council candidates from the likes of Cypress Equity Investments (13+ projects in Santa Monica alone), owner of the project on Lincoln/Broadway (where Vons was) in addition to engineering firms, law firms specializing in land/commercial development/mix use, architects, building mgmt. organizations, contractors and so on." Angel Cooley Traverse City MI 49686 US 2024-06-20 "This affects my neighborhood." 1 Item 1
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) Kira Mengistu Los Angeles CA 90057 US 2024-06-21 "I believe this development will decrease the safety of the neighborhood" Milena R Northridge CA 91324 US 2024-06-22 "I believe these projects will further endanger our community. We can just look at the consequences of opening these centers for addiction and mentally ill in the Venice area." Carl Middlebrooks Santa Monica CA 90404 US 2024-06-23 "Because I would like to be informed of building in my community" Santa Monica Resident Santa Monica CA 90403 US 2024-06-23 "This is not the appropriate place for this project and will negatively impact this area" Jacob Pullen Santa Monica CA 90403 US 2024-06-23 "There has to be a better solution than consolidating the homeless population into an apartment building, taking away public parking lots, endangering local residents and lowering property values." Sharon Currytto Santa Monica CA 90404 US 2024-06-23 "This is reckless greed with no absolutely no regard to the dire consequences this, so called " development" will have on the people and environment. This project is not about helping anyone except those who are profiting from this absolute disaster. PLEASE STOP THIS MADNESS NOW" Jill Sorensen Santa Monica CA 90403 US 2024-06-23 "These proposed homeless developments would destroy the city we love, just as the millions and millions flooding across our borders are destabilizing and destroying our country. This is not progress. This is not aiding the mentally ill, addicts, and others choosing homelessness. We already have a LOT of programs in this city for them. If there wasn't a pocket of money to be made here, then clearly this awful proposal would never be considered."
Jessica Pirrone La Habra 90633 US 2024-06-24 "I am concerned about the City I love being run into the ground." Kate Handley West Hollywood CA 90069 US 2024-06-24 "I’ve been assaulted and screamed by homeless men and homeless women on streets many times for just being walking on the streets, picking up my mails, going in and out grocery stores. This project is not the way right to help the homeless (drug addicts) to get off streets. It is only labeling them for being drug addicts. This project will destroy our neighborhood. Santa Monica is bad enough, the politicians already destroyed the Promenade on 3rd Street! Now they try to destroy our neighborhood, our school. Shame on them!!!" Marisol Santana Los Angeles CA US 2024-06-24 "I do not like what is happening with my city with these developments. This will not solve the homeless problem. Build a hospital!" Liliana Dasic Santa Monica CA 90403 US 2024-06-24 "I live in Santa Monica 30 years and during, more even after pandemic we are experiencing constant harassment and invasion of homeless mentally sick people. They stole my car, damaged my new car twice, trespassing and steeling out packages. I intend to leave. I can live here walking with hiking stick and bear spray when walking my dog? Is Santa Monica on the way to build all shelters/ mentally sick people’s homes and this move is normal and long living citizens away. Is this your goal. Please respond !!!" Thomas Hawkins Joshua Tree CA 92252 US 2024-06-24 "Not enough parking spaces. Create more parking if you’re going to build more apartments." 2 Item 1
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 1 David Yakobson
From: Debbie Mahdessian <[email protected]>
Sent: Tuesday, June 25, 2024 8:17 AM
To: councilmtgitems
Subject: 6/25/24 Agenda Item 1:Public Input -Proposed Development Needs Revisions

EXTERNAL
Mayor Brock, Mayor Pro Tem Negrete, and Council Members:

As a life long resident of Santa Monica, and in-act, a life long resident of Mid-City, specifically Mid-Wilshire, I am in alliance with the the concerns expressed by the other residents, businesses and neighborhood groups about the proposed housing developments at 1217 Euclid, 1211-1217 14th Street and 1146 16th Street, as the were presented to you at the March 19, 2024 City Council Meeting during the RFP process.

My mother moved to Santa Monica 62 years ago, as a single mother, as it was a safe, affordable place, with outstanding public schools, to raise her two daughters. I have lived in Mid-City, in a 4 block radius, for the majority of that time, and understand, first-hand, the need for affordable housing, and appreciate the challenges that are being faced by the California State Mandate. My grown children, who work in Santa Monica, painfully understand the challenges all-towell. The nproposed projects, as currently planned, will have a negative impact on the safety, character, accessibility and livability of our neighborhood for residents, businesses and consumers.

Our neighborhood is already a densely multi-use area, supporting hospitals, businesses, public and private elementary and middle schools and SMC Broad and classes, single family houses, condos and majority apartments. The project, as proposed, exacerbate the existing parking and traffic issues for residents, visitors, hospital patients and businesses.

The 6 story buildings will dwarf the existing residential dwellings, and erode the character of the neighborhood, and the safety issues created by building a 65 unit building for “Tri morbid individuals with co-occurring mental illness, substance addiction, and physical health issues” - The People Concern’s RFP response materials (3/19/24), directly in the route of children walking to and from Lincoln Middle School and PS1 has not been addressed.

I am asking that you, the City Council, request the city staff do their due diligence by communicating with the neighborhood residents, schools and businesses, prior to engaging in the current RFP agreement. Although it is not required, it would seem negligent and thoughtless, not to do a current crime, traffic or infrastructure strain study on the proposed projects.

Please allow our voices to be heard in a meaningful way during the process of changing our neighborhood.

Debbie Mahdessian
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 2 David Yakobson
From: Mike <[email protected]>
Sent: Monday, June 24, 2024 3:12 PM
To: councilmtgitems
Subject: Agenda Item 1:Public Input 6/25- Proposed Development Needs Urgent Revisions Dear Mayor Brock and City Council,
I am writing to express my concerns regarding the proposed development at 1217 Euclid Street. While I support the creation of affordable housing, I have significant reservations about the current proposal from Hollywood Community Housing Corporation, which plans to place 40 supportive housing units for formerly homeless individuals in the heart of a family-centric neighborhood and near Lincoln Middle School. I believe that senior affordable housing would be a more suitable option for this location.

Lack of Transparency:

The process by which this proposal was selected appears to lack sufficient community involvement. It seems that external developers, city staff, and consultants have driven the process without adequately representing the interests of local residents. Community members should have been engaged from the outset and presented with multiple proposals to ensure that the chosen development aligns with the neighborhood's character and needs. The current proposal does not meet these criteria, particularly in terms of setbacks, scale, and the lack of public parking, which were stipulated in the RFP but not addressed in the winning proposal.

I urge the council to reconsider Hollywood Community Housing as the developer for this site and to involve the neighborhood more thoroughly in the planning process from the beginning. This will ensure that any development is both appropriate for the surrounding area and meets the city's affordable housing goals.

Thank you for your attention to these matters.

Sincerely,
Michael
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 3 David Yakobson
From: James Wilson <[email protected]>
Sent: Monday, June 24, 2024 11:42 PM
To: councilmtgitems
Subject: Unhappy citizen

EXTERNAL
The city council should be ashamed of how they have been dealing with all the issues plaguing the city!! Homeless, drugs and filthy streets are rampant everywhere.

By your lack of solutions to these ongoing issues you are effecting lots of businesses and property owners.

Property values have dropped significantly and rents are at an all time low in the downtown area.

Commercial vacancy rates are so high in the area, that owners are struggling to pay their mortgage.

Real estate brokers are being affected too because they can’t make deals in the CBD.

Companies don’t want to sign leases with all of these perceived risk.

Which by the way they aren’t perceived risk to their employees they are real.

Santa Monica has lost its charm and has been in a downward trend for years.

You need to fix the homeless problem increase police presence 24/7 and clean the streets, alleys and parking structures twice a day if necessary which it is!!! Get your act together now or else you won’t be able to in the future. ---
James Wilson | Principal
Lee & Associates | Los Angeles West, Inc.

Direct: 310.899.2708
Cell: 310.570.6345
Main: 310.899.2700
Fax: 310.899.2701
1508 17th Street
Santa Monica, California 90404
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 4 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

A member of the Lee & Associates Group of Companies
Company ID#01222000 | Agent ID#00883324
Confidentiality Notice: The information contained in this electronic e-mail and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return e-mail, and delete the original message and all copies from your system. Thank you.

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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 5 David Yakobson
From: Keith Hoerling <[email protected]>
Sent: Monday, June 24, 2024 8:33 PM
To: councilmtgitems; Phil Brock; Lana Negrete; Oscar de la Torre; Christine Parra; Gleam Davis; Caroline Torosis; Jesse Zwick; David White
Subject: Attract Future Athletes to Santa Monica

EXTERNAL
Hello!
As a decade-long resident of Santa Monica who stepped on a drug needle at the local beach and experienced break-ins to both mine and my neighbors' homes, the decline of our city is real. My daughter's school paused community walks to Tongva Park because of these, "safe" access drug programs that made our parks unsafe, to add perspective.

Instead of welcoming addicts and criminals to commit nuisances with free drugs, why not spend our taxes on positive forces for change, like welcoming athletes.

Santa Monica used to be world renowned by surfers, for example. Why not do more to attract surfing? It might even cost less money to strategically place rocks in the bay, like Breakwater in Venice has (to improve the waves), than it does to pay for waste-of-lifes to get high.

It is shocking how moral fiber has been eroded so far in Santa Monica that this email must be written. Please help. This is your duty,
-
Keith
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 6 David Yakobson
From: natalie rothenberg <[email protected]>
Sent: Monday, June 24, 2024 7:44 PM
To: councilmtgitems
Subject: City of Santa Monica Regular Meeting Tuesday June 25, 2024 1. Public Input

EXTERNAL
I came to Santa Monica as a first grader 55 years ago, had jobs on the Santa Monica Pier and in the original Santa Monica Place. I’ve lived on 14th St almost 30 years, running a Santa Monica based small business and shepherding two kids through SMMUSD schools. I’ve watched our city change a lot, with interest, excitement and sometimes distress.

With regard to the proposed developments at 1217 Euclid St and 1211-1217 14th St, I appreciate the city’s planning toward the needs of lower income residents, and people in need of housing and mental health support. But I ask with my whole heart that such planning be balanced with the needs of the current renters, owners and businesses in this neighborhood around Wilshire and Euclid/14th St. The population is already dense, the alleys are narrow, and permit-only street parking is limited. Six story buildings will be taller than the surrounding buildings, and about 100 public parking spaces will be replaced by less than one space per proposed new apartment.

When I walk my dogs or push my grandchild in a stroller down Wilshire, where I pushed my kids in strollers, I see so many empty storefronts. Will restaurants and stores ever fill them if there is no public parking? Will the current businesses survive the removal of both the Euclid and 14th St public lots when their customers have to compete with residents for insufficient parking? If not, what then? More unhoused people in more doorways?
And will the current residents and customers be safe from traffic problems and chronically mentally ill clients queuing up for services? Will a garbage or moving truck stop traffic for an entire block? Will sewage and water infrastructure be sufficient? Can we trust Hollywood Community Housing and The People Concern? City Staff must represent community members and neighborhoods in the asking and answering of these questions! I ask for due diligence assessing the crime, traffic and infrastructure strain of two massive developments so close together.

Thank you,
Natalie Rothenberg
1214 14th St #201
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 7 David Yakobson
From: Shane Murphy <[email protected]>
Sent: Monday, June 24, 2024 7:07 PM
To: councilmtgitems
Subject: Stop enabling Drug addicts

EXTERNAL
Shame on you for enabling a persons slow death to addiction! Stop the needle distribution now! Sent from my iPhone
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 8 David Yakobson
From: JIMENEZ Lisa <[email protected]>
Sent: Monday, June 24, 2024 7:00 PM
To: councilmtgitems
Cc: Phil Brock; Lana Negrete; Gleam Davis; Christine Parra; Jesse Zwick; Caroline Torosis; Oscar de la Torre; David White; David Martin; mike gallaher; [email protected] Subject: City Council Meeting 6/25/24 - 1. Public Input - Euclid, 14th & 16th Street Housing Developments
Attachments: Janet Gallaher Written Comments 6.24.24.pdf

EXTERNAL
Dear Santa Monica City Council Members,
I am forwarding the attached letter on behalf of Janet Gallaher, owner of the building at 1402 Wilshire, family owned for over 100 years and adjacent to the 14th Street city owned lot. We urge you not to ignore business owners such as Janet and valid concerns raised regarding the impact to local business, necessary for Mid-City to remain a thriving neighborhood.

Cc: Janet Gallaher
Thank you,
Lisa Jimenez
Resident of 1224 Euclid Street and concerned neighbor pushing for proper community engagement between the City and residents and business owners
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 9 This e-mail and/or attachment(s) is (are) confidential and may be legally protected. This message is addressed to the intended recipient only. If you are not the intended recipient of the message, please notify the sender immediately. Its contents do not constitute a commitment by the sender's company except where provided for in a written and signed agreement between you and sender's company. Any disclosure, use or dissemination, either in Item 1
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 10 whole or in partial, shall be prior authorized by the sender's company by written and signed agreement. E-mail and/or attachment(s) cannot be guaranteed to be secured or error-free as information can be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender's company has taken all reasonable precautions to ensure that any attachment to this message does not contain a virus. However, the sender's company (and not any of its Officers, Directors, Employees or Agents) cannot be held liable for any damages resulting from or linked to the existence of a virus. You are therefore strongly advised to carry out all your own anti-virus checks before opening any and all attachments to this message.

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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 11 David Yakobson
From: [email protected]
Sent: Monday, June 24, 2024 5:41 PM
To: councilmtgitems
Subject: Item 1 (Public Comment) / Seize 302 Colorado through Eminent Domain Attachments: LA Artist Series 723.pdf

EXTERNAL
Dear City Council,
I would like to propose that the city council consider coordinating with the county and state to consider seizing the property at 302 Colorado Ave through eminent domain for a Los Angeles Artist Series.

I’ve made multiple attempts to acquire the property which have been largely ignored while they attempt to engage anyone else and continue to discriminate by not giving me access to the building, even though I am shareholder as well as a licensed real estate estate agent with an NMLS license.

They have left the building unoccupied for close to a decade. Including being half finished for the last 4 years.

Seritage has operated without any real estate licenses in California They have misrepresented the property to the press as being ready as a mall while the building was never close to being finished as represented.

They have rented the half finished space to a museum founded by a convicted child sex offender.

This company has a very shady history since its founding as the Sears real estate portfolio. ------------------------
The benefits of a Los Angeles Artist Series have already been cited to the city council but some of them are:

A state of the art entertainment complex with a full sound stage and multiple art galleries A full slate of artistic programming including bi annual art weeks, fashion weeks and music weeks as well as a film festival.
5 event space including over 60,000 sq ft available for events, conferences and concerts.

Ongoing worldwide publicity for the Santa Monica area and increase in tourism, hotel bookings and restaurants.

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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 12 A events location with state of the art security that is able to host world leaders for events during the World Cup, Olympics etc..

There are so many more benefits but I do believe the idea of seizing the property through eminent domain for a L. A. Artist Series would help not only Santa Monica but Los Angeles and California..

The company would of course pay for the costs of the acquisition of the property.

Joe DiRosa
Founder, CEO | Seedlings Inc.

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Attachment: Written Comments [Revision 1] (6499 : Written 1 David Yakobson
From: Kelli <[email protected]>
Sent: Monday, June 24, 2024 3:38 PM
To: councilmtgitems; Phil Brock; Lana Negrete; Oscar de la Torre; Christine Parra; Gleam Davis; Caroline Torosis; Jesse Zwick; Susan Cline; Anuj Gupta Subject: Agenda Item 1 - homeless and affordable housing

EXTERNAL
To SM City Council and Planning,
I am born and raised in Santa Monica and my family has owned apartment buildings since before I was born. I have seen Santa Monica change for the better and the worse many times over. And now it's for the worst! I am beyond disappointed there was no information given to residents within a 2 to 4 block radius of any project happening in our neighborhoods. The signage that is posted in the middle of the parking lots is not adequate notification and within days of it being in the middle of the parking lots, it was gone! All other projects in Santa Monica have big posted signage in the front of any project. Not this one! This is not acceptable when it's going to alter and affect ALL of us in the surrounding neighborhood!
Let's bring up the already horrible traffic! PEOPLE NEED THEIR CARS!!!!!!! And doesn't matter what you think, people are not going to stop driving their cars. Santa Monica is full of seniors who are NOT able to bike or walk to do their errands, whether they are driving or some one is driving them, they need a car/someone to drive them! Public Transportation is not SAFE, daily there are assaults, stabbings, overdoses and other mayhem on the buses and trains.

So let's talk about the failed bike lanes! People are still riding on the sidewalks! I encounter this daily and tell them there is a bike lane for you! They don't feel safe riding in the bike lane so the last thing we need are more bike lanes! So now as I walk on the sidewalks, I have to move out of the way so I'm not hit by a bicycle or the COCO delivery boxes on wheels.

Parking and speeding in our residential neighborhood! We have ALL the car dealerships from Santa Monica Blvd speeding through the residential areas daily! Not only do car dealerships not have to provide parking for the hundreds of employees but they take the non residential parking - and follow the street cleaner to get a spot on street cleaning days but MANY of them have disabled placards and even RESIDENTIAL PERMIT PARKING! Also, the customers park on our permitted street parking and take the risk of getting a ticket which most of the time doesn't happen. Its already is a nightmare for people speeding in our neighbors and parking is bad and now you want to add 130 more units in a 3 block radius with less parking spots than units plus the employees of these buildings! Let's also mention these employees have lunch in their car and dump their trash on the street/side of car in our residential neighborhoods.

You are taking away 3 parking lots that are used for the businesses on Wilshire, the hospital (parking is $3 plus dollars per 15 minutes) and overflow of visitors for the surrounding apartments/condos, and the church parishioners on 14th and Arizona. And not offering alternative parking for the area. There is not enough parking on Wilshire to accommodate the neighborhood. And these projects have less parking spots than units and aren't taking into consideration visitors to those residents.

The buildings being proposed are UGLY! They do not fit in the charm of Santa Monica and to have 3 new buildings that will be 5 and 6 stories high is ridiculous! Why don't you turn offices and empty buildings available for lease to housing? Why are you building all these high end buildings near Lincoln with only 10% affordable housing? Why don't they have to accommodate more affordable housing? Or make some of these already built buildings all affordable housing? HCHC mentioned a food distribution program, which ABSOLUTELY NOT!! We had a church on 14th street that did food distribution and a woman in the neighborhood was raped because of the elements that showed up for free food! We already have homeless/crazy people roaming and screaming everywhere and nothing being done about it. My 82 year mother was assaulted by a homeless man, had beer thrown in her face and kicked into the street in front of a moving car on the corner of 20th and Arizona in BROAD daylight waiting to be picked up from a doctors appointment and now you think we want transitional housing in our neighborhood? NO WAY! It's already not safe for women and elderly to walk around Santa Monica. My neighbor was knocked out in BROAD daylight on 12th and Arizona in March, she had 2 black Item 1
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 2 eyes, a bump on her forehead, her arm and chest hurt. She called the police and NO report was taken, they said they can't prove something happened to her! This is unacceptable! Residents ARE NOT and DO NOT feel safe in Santa Monica! So the last thing us long timer residents and business owners want are these projects next to our businesses and where we live! There are statistics showing violent crimes increase near these housing projects.

Safety is an HUGE issue here in Santa Monica. We are giving needles to addicts in the park, this doesn't help people! The resident's of SM do not want this program! There are so many drug addicts and mentally ill people in Santa Monica with more coming and there's nothing to help them! Putting them in housing is not going to help! They need mental health facilities (not in residential neighborhoods), programs and professionals and to get OFF drugs! You work for the people of Santa Monica and we feel unheard and unseen for how we want and see the future of our city that we love, live in and have businesses in. We want to be heard about what happens to our city! You don't build community by not involving the community.

Thank you,
Kelli Urode
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 1 David Yakobson
From: Arthur Jeon <[email protected]>
Sent: Monday, June 24, 2024 2:39 PM
To: Gleam Davis; Lana Negrete; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick; Phil Brock
Cc: David White; Douglas Sloan; City of Santa Monica; Clerk Mailbox; Jeanette Gant; Micah Akerson; Erika Aklufi; Danielle Noble; Ramon Batista; [email protected]; Roberto Lucio; Thomas McLaughlin; Jose Rodriguez; Annette Farmer; Maryanne LaGuardia; Albin Gielicz; Alisha Brady; [email protected]; Arati Desai Wagabaza; Lori Brown; John Smith; John E. Alle; Evan Meyer; [email protected]; Luke Cain; Peter Bosen; [email protected]; Elaine Golden-Gealer; Eric Sedman; Michele Aronson; Aisling Winders; Julia Ladd; Peter TRINH; [email protected]; Anuj Gupta; [email protected]; dominic gomez; Jenna Grigsby; Attorney Mailbox; Shawn R.

Kehoe; Andrew Thomas; SMDP Editor; Susan Cline; Third District; Michele A Wittig; [email protected]; Attorney Mailbox; Joe; Jenny Rush; Stan Epstein; Gary Tsai; [email protected]; Zina Josephs; Turbella; Phil Brock; Lauren Howland; [email protected]; Matthew Hall; Richard Drapkin; [email protected]; Planning Commission Comments; Dawn Fairchild; [email protected]; councilmtgitems; MK; Dan Charn.; [email protected]; Gerardo Leyva; [email protected]; Carlos Jaen; Brandon Capiro; Kelly Simon; Mario Fonda-Bonardi; Jing Yeo; Albin Gielicz; Scott McGee; Gerardo Leyva; Ryan Gradle; Roy Brown; Frank Marnell; SM Observer; [email protected]; [email protected]; [email protected]; [email protected]; Kim Pieper; [email protected]
Subject: I Just Found A Million Dollars for our Police Department Follow Up Flag: Follow up
Flag Status: Completed

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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 2 Dear Council,
The city is broke! We are told the council must choose between paving our alleys or hiring more police, as crime, addiction, disorder, and mental illness has become our new brand. (Just in the last couple weeks, tourists have been stabbed, robbed, or had their windshield shattered as they entered the city— welcome!).

This immigrant, whose dream was to graduate from a pushcart to a store in SM, in six months has been robbed twice on the 3rd street promenade. Watch the heartbreaking video and hear him talk about how the police were called and there was a two-hour response. I had a similar experience last week, Item 1
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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 3 when a crazed addict jumped the gate from our alley and into our complex, petrifying the new mom who was sitting with her baby in the unit they recently purchased—welcome to Santa Monica! She called 911, texted me, and I rushed over. A drone was dispatched immediately, but it took half an hour for cops to arrive because they were swamped with other calls. I cleared the nooks and crannies of the building myself, clutching pepper spray.

This is just another day living near downtown, but indicative of a police force struggling to keep up with demand. Well, good news, I’ve found some money! Companies and institutions are disassembling their DEI programs across the country because they don’t work, actually create racial animus, and are immune to metrics. We should eliminate our program instituted in the feverish year of 2020, when we wanted to prove we were all down with the cause—Santa Monica, so good a solving problems we don’t have!—and, of course, petrified at being called racist.

For those of you clutching your pearls at the thought of dismantling DEI, I refer you to the always entertaining and brilliant Scott Galloway as he smartly dismantles DEI in 5 minutes. Watch it! A lifelong Democrat, he makes the case that class, not race, is the only way to approach the staggering inequality in our society. (Indeed, race relations have gotten worse since 2014 because, um, surprise… the more you focus on race, the more it becomes all you see. And in an ironic twist proving the point, our black former head of HR is suing the city for racism after being fired. I know nothing about the merits of her case, but I can’t believe she suffered racial discrimination by our City Manager David White, who would be the only person who had the power to do it.

But I digress… Let’s get serious about line-by-lining Santa Monica's bloated budget, larded with overpaid staff. And let's start with this million bucks:

For Fiscal Year 23/24, the total budget for the DEI team is $1,017,989. Of this amount, $642,989 is for salaries and benefits. There are three individuals assigned to this work. The rest of the budget for the DEI Team is allocated to a Language Access Program($100,000), the Inspector General for the Public Safety Reform Oversight Committee (PSROC) ($250,000), and programming resources for the DEI team ($50,000). The Inspector General is required pursuant to the City’s Municipal Code and is what was implemented prior to the current city manager joining the City in January 2021.

Well, guess what? The City Council can change the municipal code. It is done by ordinance and whatever change they make takes 30 days after the second reading to become law. I propose the council change it in the meeting on June 22nd and immediately assign the million dollars to hire 4 more sworn police officers. Show us that you are serious people who understand what’s at stake. Because the Santa Monica mall just went broke, not helped by the fact that that strip of Broadway is a zombie apocalypse from Lincoln to ocean (Century City mall? Just fine). While you’re at it, cut PSROC which costs a fortune and wastes hundreds of man hours of our overtaxed police.

And for those of you too afraid, or too tribal, or just too timid to make these decisions, here's some backup and the money quote from Nicholas Kristof's article in the New York Times called What Have Liberals Done to the West Coast? "Politics always is part theater, but out West too often we settle for being performative rather than substantive.” Unfortunately, a picture of Santa Monica appears in the dictionary when you look up the word performative. But, as I always say, centrists now have cover because the call is coming from inside the house from lifelong Democrats like myself, and even liberal of liberals, Nicholas Kristof.

Item 1
June 25, 2024
Item 1
June 25, 2024

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Attachment: Written Comments [Revision 1] (6499 : Written Comments) 4 Leadership requires the ability assess reality clearly and to be decisive. So, in addition to cutting this worthless program, immediately hire a NEW independent auditor to investigate every city department and cut the fat, grift, and virtue-signaling boondoggles (in both staff salaries, and expenditures).

Stop hauling performative sand to the beach and start finding the money to solve the problems we do have. We need 300 cops; we’re at 230. Unless you enjoy news reports of businesses being driven from the city, act now.

Arthur Jeon
Item 1
June 25, 2024
Item 1
June 25, 2024

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Attachment: Written Comments [Revision 1] (6499 : Written Comments) City Council
Report
City Council Meeting: June 25, 2024
Agenda Item: 5.A
1 of 5
To: Mayor and City Council
From: Matthew Hallock, Fire Chief, Fire Department
Subject: Award of Bid to L.N. Curtis & Sons and Allstar Fire Equipment, Inc. for Purchase of Fire Equipment
Recommended Action
Staff recommends that the City Council:

1. Award Bid #4483 to vendors L.N. Curtis & Sons and Allstar Fire Equipment, Inc. for the purchase of fire hoses, tools, and other fire equipment;

2. Authorize the Procurement Manager to issue a separate purchase order with L.N. Curtis & Sons for the purchase of fire hoses, tools, and other fire equipment in an amount not to exceed $750,000 over a term of five years, with future years funding contingent on Council budget approval;

3. Authorize the Procurement Manager to issue a separate purchase order with Allstar Fire Equipment, Inc. for the purchase of fire hoses, tools, and other fire equipment in an amount not to exceed $750,000 over a term of five years, with future year funding contingent on Council budget approval; and

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.

Summary
In 2023 the Santa Monica Fire Department responded to over 17,545 calls. Calls for service include fire, medical, hazardous materials, search and rescue operations, homelessness, other emergencies, and non-emergency good intent calls. The department also responds to mutual aid events, such as when there is an emergency in a neighboring jurisdiction which overwhelms their front-line responses or when the city responds with a specialty strike team on a statewide wildland response. The volume and range of responses require the department to outfit its fire apparatus with hoses, tools, and other equipment for emergency response. Following a formal bid process,

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two vendors, L.N. Curtis & Sons and Allstar Fire Equipment, Inc. are recommended as the best bidders to provide and deliver tools and equipment. For each vendor, staff recommends the first year of expenditures for vendor will be $150,000, with four oneyear renewal options of up to $150,000 each year, for a total amount not to exceed $750,000.

Discussion
The Santa Monica Fire Department maintains a fleet of twelve fire engines, three trucks, and other vehicles at its five stations and training facility that must be properly outfitted to respond to emergencies. In support of this effort, staff purchases a variety of tools and equipment to ensure the department’s first responders are prepared to provide a response to a variety of emergencies. Tools and equipment include items such as fire hoses, jaws-of-life rescue tools, hand tools, ladders, chainsaws, rescue harnesses, ropes and webbing, search cameras, and hazardous materials field-testing kits.

Personal protective equipment includes items such as helmets, brush coats, gloves, goggles, and masks.

In 2019, the City awarded purchase orders to L.N. Curtis and Municipal Emergency Services for fire hoses, tools, and various pieces of fire equipment. Those purchase orders expired in April 2024 and the department put out a new bid for fire hoses, tools, and other fire equipment.

Vendor Selection
Bidder Recommendation
Best Bidders L.N. Curtis and Allstar Fire Equipment
Evaluation Criteria Price; the quality of the material or services offered; the ability, capacity and skill of the bidder to perform or provide the materials or services; the capacity of the bidder to perform the contract or provide the service promptly, within the time specified, and without delay or interference; the sufficiency of the bidder’s financial resources; the character, integrity, reputation, judgment, training, experience and efficiency of the bidder; the ability of the bidder to provide such future maintenance or service as may be needed; any other factor that will further the intent set forth in Section 608 of the City Charter. The City shall have absolute discretion in determining the applicability and weight of the criteria listed above.

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

Municipal Code SMMC 2.24.180
Submittals Received

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Bid Data
Date Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
03/11/2024 City's Online
Bidding Site
Santa Monica Daily Press 35 03/11/2024
Best Bidder Justification
Bid 4483 provided vendors with the opportunity to bid on 1,136 items on OpenGov.

L.N. Curtis and Allstar Fire Equipment were the only vendors to respond and entered prices on between 33% and 41% of the total requested items. Therefore, the department selects both vendors as responsive bidders. City will purchase items from the vendor with the lowest price and availability. For items not available from either vendor, they will be purchased from the cooperative agreement.

Because the Fire Department is awarded various grants and the annual amounts vary based on award, staff recommends that the purchase orders contain enough purchasing authority so that as the department receives the grant funds, it can continue purchasing equipment through these two vendors without delay. Grants have specified performance periods in which the funds must be spent and reported to receive reimbursement.

Although the department recommends the selection of L.N. Curtis and Allstar Fire Equipment, there were over three hundred items that received no bid from either vendor. For these items, staff will seek cooperative purchasing agreements subject to those agreements meeting the City’s procurement guidelines. Because cooperative agreements have been solicited, evaluated, and awarded by another jurisdiction with higher volume, the items purchased with these agreements are often at a lower price.

Utilizing a cooperative agreement for no bid items would enable the Fire Department to purchase items without any delays in service or response. The anticipated spend amounts with cooperative agreements will be within the City Manager’s authority, however if the spend amount approaches such authority, staff will return to Council for approval for the remainder of the term.

L.N. Curtis & Sons $200,204 for 463
items bid Allstar Fire Equipment, Inc. $156,024 for 371 items bid

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Environmental Review
The purchase orders for L.N. Curtis and Allstar Fire Equipment for fire tools and equipment are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines. The contract 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 purchase orders would provide the SMFD with fire tools and various equipment. Therefore, it can be seen with certainty that the purchase orders would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund and Miscellaneous Grants Fund to award purchase orders with L.N. Curtis & Sons and Allstar Fire Equipment, Inc. for the purchase of various tools and equipment for emergency response.

Purchase Order Request
Vendor FY 2024-25
Request Amount
Future
Years
Amount
Account # Total Contract
Amount
L.N. Curtis & Sons $150,000 $600,000 Various $750,000
Allstar Fire Equipment $150,000 $600,000 Various $750,000 Future year funding is contingent on Council budget approval.

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

A. LN Curtis - Oaks

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B. LN Curtis - Levine Act
C. Allstar - Oaks
D. Allstar - Levine Act

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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:

Paul Curtis, Jeff Curtis, Roger Curtis
Name(s) of trustees, directors, partners, and officers:

Paul Curtis, Jeff Curtis, Roger Curtis
Name(s) of persons with more than a 10% equity, participation, or revenueinterest:

Paul Curtis, Jeff Curtis, Roger Curtis
Prepared by: Nathan Belcher Title: Customer Service Manager Signature: Date: 5/6/2024
Email: [email protected] Phone: 510-268-3303
FOR CITY USE ONLY:

Bid/PO/Contract # Permit #
Digitally signed by: Nathan Belcher
DN: CN = Nathan Belcher email = [email protected] C = US O = L.N. Curtis and sons OU = Customer Service Manager Nathan Belche Date: 2024.05.06 09:33:07 -08'00' r

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Attachment: LN Curtis - Oaks [Revision 1] (6291 : Award of Bids for Misc. Fire Equipment) 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.

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 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: LN Curtis - Levine Act [Revision 1] (6291 : Award of Bids for Misc. Fire Equipment) 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.

N/A
N/A
N/A
5/6/2024
Nathan Belcher Customer Service Manager
L.N. Curtis & sons
Digitally signed by: Nathan Belcher
DN: CN = Nathan Belcher email = [email protected] C = US O = L.N. Curtis and sons OU = Customer Service Manager Nathan Belche Date: 2024.05.06 09:35:37 -08'00' r

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Attachment: LN Curtis - Levine Act [Revision 1] (6291 : Award of Bids for Misc. Fire Equipment)

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

Public benefits include:

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

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

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

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

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

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

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

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

JOSEPH A. SPOSATO
GABE E. SAYEGH
JILL A. HOPPER
Name(s) of trustees, directors, partners, and officers:

JOSEPH A. SPOSATO
GABE E. SAYEGH
JILL A. HOPPER
Name(s) of persons with more than a 10% equity, participation, or revenue interest:

JOSEPH A. SPOSATO
GABE E. SAYEGH
JILL A. HOPPER
Prepared by: JOHN SPRENGELMEYER Title: SALES
Signature: Date: 4/26/24
Email: [email protected] Phone: (626) 652-0900
FOR CITY USE ONLY:

Bid/PO/Contract # Permit #

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Attachment: Allstar - Oaks (6291 : Award of Bids for Misc. Fire Equipment)

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Attachment: Allstar - Levine Act (6291 : Award of Bids for Misc. Fire Equipment)

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Attachment: Allstar - Levine Act (6291 : Award of Bids for Misc. Fire Equipment) City Council
Report
City Council Meeting: June 25, 2024
Agenda Item: 5.B
1 of 7
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Award Request for Proposal to Stantec Consulting Services, Inc. to Provide Professional Services for the Development of One Water Master Plan Recommended Action
Staff recommends that the City Council:

1. Award RFP #401 to Stantec Consulting Services, Inc., to provide professional services for the development of a One Water Master Plan for the Public Works Department;

2. Authorize the City Manager to negotiate and execute an agreement with Stantec Consulting Services, Inc., in an amount not to exceed $1,900,000 for a five-year term with future funding contingent on Council budget approval;

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

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

Summary
The Water Resources Division of the Public Works Department operates and maintains drinking water, wastewater collection, and recycled water services to residents, commercial, and institutional customers throughout the City. The City currently services over 18,000 metered customers with a current average annual water demand of approximately 11,600 acre-feet per year (AFY). Since the 2018 update to the Sustainable Water Master Plan (SWMP), the City has made great progress towards reducing its reliance on imported water supplies and increasing local water supplies to approximately 85%. The 99% water self-sufficiency goal established in the 2018 SWMP was impacted by the COVID-19 pandemic that resulted in water resiliency projects being cancelled and insufficient resources to advance the City’s water

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conservation program. Staff is proposing to update the 2018 SWMP with a comprehensive One Water Master Plan to develop water supply alternatives and assess the feasibility of achieving 99% water self-sufficiency. Staff recommends that RFP #401 be awarded to Stantec Consulting Services Inc. and that an agreement be negotiated and executed to prepare the One Water Master Plan.

Discussion
In 2011, the Council provided direction to seek pathways towards becoming water selfsufficient utilizing local water resources. This resulted in the first iteration of the Sustainable Water Master Plan produced in 2014 and updated in 2018. In 2018, staff refined the pathway to achieve water self-sufficiency (sourcing nearly 99% of the City’s water supply through local resources) by 2023 through a combination of demand reduction, water conservation and efficiency programs, and the addition of local water supplies. The major benefits of the City’s goal to achieve water self-sufficiency includes:
• Long-term cost benefits to ratepayers by maximizing local water resources. • Provide a more sustainable and drought-resilient water supply through a diversified water supply portfolio.
• Reduce the City’s water supply energy footprint through conservation and locally sourced water supplies.

The 2018 SWMP included the following key components to achieve water selfsufficiency:
• Component 1 – Continue and increase water conservation efforts to permanently reduce water demand.
• Component 2 – Develop sustainable and drought resilient alternative water supplies.
• Component 3 – Expand local groundwater production within sustainable yield limits.

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After Council adoption, staff began implementing various projects from the 2018 SWMP.

Great progress has been made to reduce the City’s reliance on imported water supplies including completion of key projects such as the Sustainable Water Infrastructure Project and near completion of the Olympic Well Field Restoration Project and Arcadia Water Treatment Plant Expansion Project (completion scheduled for late summer 2024). Staff estimates that approximately 85% of the City’s water supply would be sourced locally by the end of 2024. The 99% water self-sufficiency goal established in the 2018 SWMP was impacted by the COVID-19 pandemic that resulted in cancelled water resiliency projects and insufficient resources to advance the City’s water conservation program. Water resiliency projects such as the addition of new groundwater production and recharge wells, and the expansion of the City’s recycled water distribution network were cancelled and impacted the City’s water self-sufficiency goal by over 10%. Additionally, citywide restructuring during the pandemic resulted in reducing the City’s water conservation team from 4 full time employees (FTE) to 2 FTE.

Due to limited resources, only existing conservation measures were maintained, and additional water conservation programs identified in the 2018 SWMP were not progressed. Advancing the City’s water conservation program alone accounted for roughly 5% of the 2018 water self-sufficiency goal.

As water self-sufficiency is a key element of the Sustainable City Plan and Climate Action and Adaptation Plan, staff is updating the 2018 SWMP in the post pandemic era with a comprehensive One Water Master Plan. The One Water Master Plan will synthesize information from recently completed master planning efforts (2022 Groundwater Sustainability Plan, 2023 Domestic Water and Sewer Master Plan, 2023 Recycled Water Master Plan, and 2024 Water Conservation Master Plan), consider recent regulatory advancements in protection of drinking water supplies and expand opportunities for potable reuse, develop a gap analysis from the 2018 SWMP water selfsufficiency goals, identify future supply alternatives from local and regional opportunities, assess the feasibility of achieving water self-sufficiency, and develop recommended alternatives for implementation.

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The One Water Master Plan will also consider two major developments in the City since the 2018 SWMP was adopted. First, the California Department of Housing and Community Development’s Regional Housing Needs Allocation required the City to plan for 13,000 additional housing units with a goal to achieve approximately 9,000 new housing units over the next 8 years. The City adopted the 6 th Cycle Housing Element
(2021 to 2029) that included a suitable site inventory that identified hundreds of sites with high potential for becoming future housing sites. These new housing units, once completed, may likely increase potable water demand by approximately 1,400 AFY as the majority of the development will be affordable housing. Under the City’s Water Neutrality Ordinance, affordable housing projects are only required to meet water offset requirements for increased water demand at the property at a ratio of 0.5 to 1. Second, the Santa Monica Airport and Airport Business Park are anticipated to be redeveloped into a large park by 2030. Potential increased potable and recycled water demands for both the airport and airport business park are not known at this time but is anticipated to increase from its current use to support redevelopment into a park.

On February 5, 2024 a Request for Proposal (RFP) was issued for Professional Engineering Services for the 2024 One Water Master Plan. 58 vendors downloaded the RFP and 11 proposals were received. Stantec Consulting Services Inc. was chosen as the best qualified firm for these services.

Vendor Selection
Bidder Recommendation
Best Qualified Firm Stantec Consulting Services, Inc.

Evaluation Criteria Training/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
RFP Data
Date Posted Posted On Advertise In (City
Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
02/05/2024 City’s Online
Bidding Site
Santa Monica
Daily Press
58 03/22/2024

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Justification to Award
The proposals were reviewed by a selection panel consisting of staff from the Public Works Department – Water Resources and Engineering Services Divisions. The proposal evaluations were based on project understanding/workplan (demonstrated knowledge of inter-workings of the City’s water/wastewater infrastructure and recent, relevant experience in obtaining Federal grants to advance local water supply projects), previous experience (having delivered similar efforts for nearby cities and water districts), ability to deliver, quality of product, cost, and compliance with City requirements. Based on the evaluation criteria and criteria in SMMC 2.24.190, staff recommends Stantec as the best qualified firm to prepare the One Water Master Plan based on their extensive and prior experience in developing similar master plans for other California municipalities and agencies including the Metropolitan Water District of Southern California, City of Los Angeles, City of San Diego, and Moulton Niguel Water District.

Past Council Actions
Meeting Date Description
11/27/18
(Attachment A)
Sustainable Water Master Plan Update and Pathway to Water SelfSufficiency 3/14/23
(Attachment B)
Adoption of Resolutions Authorizing the Application for Grant Funds from the California State Department of Water Resources Urban Drought Relief Grant and the United States and the Bureau of Reclamation’s WaterSMART: Water Recycling and Desalination Planning Grant Program
Environmental Review
Submittals Received
Arcadis U.S., Inc. $1,099,197 Stantec Consulting
Services, Inc. $1,159,480
Carollo Engineers $1,199,998 Woodard and
Curran $1,376,913
Jacobs $1,989,640

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Preparation of the One Water Master Plan is Categorically Exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The plan 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 intent of the One Water Master Plan is to identify, develop, and evaluate the feasibility of achieving water self-sufficiency for the City.

Therefore, it can be seen with certainty that the transfer of implementation for the CCW application process would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.

Financial Impacts and Budget Actions
Staff has secured up to $961,033 in grant funding from the United States Bureau of Reclamation under the WaterSMART Water Recycling and Desalination Planning Grant Program. Staff seeks authority to appropriate funds for the required 50% local match.

Approval of the recommended actions requires the following budget amendments.

FY 2024-2025 Grant Budget Amendment
Establish Revenue Budget Appropriate Funds
Account Number(s) Amount Account Number(s) Amount
20500008.406100 $961,033 C2009020.689000 $61,033
Total $961,033 Total $61,033
Funds of $900,000 from the WaterSMART Water Recycling and Desalination Planning Grant are included in the FY 2024-26 Proposed Biennial Capital Improvement Program Budget. Staff requests that the variance of the grant award is appropriated to C2009020.689000.

FY 2024-2025 Budget Appropriation
Release Fund Balance Appropriate Funds
Fund Amount Account Number(s) Amount
Water Fund (50) $938,967 C5009020.689000 $938,967
Total $938,967 Total $938,967

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

Staff seeks authority to approve funding from the Miscellaneous Grant Fund and the Water Fund to award a professional services agreement with Stantec Consulting Services, Inc. to prepare the City’s One Water Master Plan.

Professional Services Agreement Request
FY 2024-25 Budget
Request Amount CIP Account # Total Contract Amount
$961,033 C2009020.689000 $961,033
$938,967 C5009020.689000 $938,967
$1,900,000 Total $1,900,000
Prepared By: Alex Waite, Process Engineer
Approved Forwarded to Council
Attachments:

A. Staff Report - 2018 Sustainable Water Master Plan Update (Web Link) B. Resolution to Authorize Application for Grant Funds with the United States Bureau of Reclamation (Web Link)
C. Oaks Initiative Form - Stantec
D. Levine Act Disclosure Form - Stantec

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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 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 # ___________________________ Sarah Munger, PE
3/22/2024
Senior Principal, Water
[email protected] (626) 696-9820
Stantec Consulting Services Inc.

Please see list on following pages.

None

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Attachment: Oaks Initiative Form - Stantec (6337 : One Water Master Plan) Corporate Information Summary Page 1 of 3
https://stantec.sharepoint.com/teams/SantaMonica2024OneWaterMasterPlan-StantecOnly/Shared Documents/Stantec Only/1.

Marketing/Forms/SCSI Directors and Officers as of 2-20-24.docx Updated: Feb 20/24
STANTEC CONSULTING SERVICES INC.

SHAREHOLDERS: Mustang Acquisition Holdings Inc. - 100%
DIRECTORS:

Stuart E. Lerner
Jeffrey P. Stone
OFFICERS:

President Gordon A. Johnston
Chief Operating Officer – North America
CEO – Engineering & Executive Vice President Stuart E. Lerner Chief Operating Officer – Global &
Executive Vice President Catherine Schefer
Chief Growth & Innovation Officer &
Executive Vice President John Take
Chief People & Inclusion Officer &
Executive Vice President Asifa Samji
Chief Practice and Project Officer &
Executive Vice President Steve Fleck
Executive Vice President Leonard Castro
Executive Vice President Marshall W. Davert Jr.

Executive Vice President David Emery
Executive Vice President Mario Finis
Executive Vice President Bjorn Morisbak
Executive Vice President Susan Reisbord
Executive Vice President Ryan Roberts
Executive Vice President Susan Walter
Senior Vice President & Chief Information
Officer Chris McDonald
Senior Vice President & Chief Technology
Officer Shankar Kalyana
Senior Vice President Paul J.D. Alpern
Senior Vice President David R. Bernier
Senior Vice President Paul R. Blaszczyk
Senior Vice President Clayton A. Bock
Senior Vice President Peter Bokor
Senior Vice President Patrick G. Corser
Senior Vice President Luke De Hayr
Senior Vice President Paul J. DeKeyser
Senior Vice President Joseph Geller
Senior Vice President Harris J. (Josh) Gould
Senior Vice President John J. Hanula

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Packet Pg. 100 Attachment: Oaks Initiative Form - Stantec (6337 : One Water Master Plan) STANTEC CONSULTING SERVICES INC.

Corporate Information Summary Page 2 of 3
https://stantec.sharepoint.com/teams/SantaMonica2024OneWaterMasterPlan-StantecOnly/Shared Documents/Stantec Only/1.

Marketing/Forms/SCSI Directors and Officers as of 2-20-24.docx Updated: Feb 20/24
Senior Vice President Jonathan A. (Andy) Hersey
Senior Vice President Peter Howe
Senior Vice President David Irvine
Senior Vice President Adriana Jaegerman
Senior Vice President Michael Johnson
Senior Vice President Jennifer Josephs
Senior Vice President John S. Montgomery
Senior Vice President Robert Mullins
Senior Vice President Michael Newbery
Senior Vice President Brian P. Norris
Senior Vice President James (Jim) R. Obermeyer
Senior Vice President Philip R. Perciavalle
Senior Vice President Sujan Punyamurthula
Senior Vice President Marilynn F. Robinson
Senior Vice President Kari Shively
Senior Vice President Robert A. Simm
Senior Vice President David Smith
Senior Vice President Joseph Russell (Russell) Snow
Senior Vice President Scott Storlid
Senior Vice President Glenn S. Tarbox
Senior Vice President Matthew D. Travers
Senior Vice President Joseph Uglevich
Senior Vice President Arthur Umble
Senior Vice President Mike Watson
Senior Vice President Christopher Williams
Senior Vice President Andrew C. Wilson
Vice President Frank Aceto
Vice President Rusty Benkosky
Vice President Andrew Burnham
Vice President Amy Campbell
Vice President Ramon Castella
Vice President David Dargie
Vice President Anil Dean
Vice President Becky Hachenburg
Vice President Megan Holmes
Vice President Sarah McIlroy
Vice President Scott Peyton
Vice President Michael Reagan
Vice President Jeffrey P. Stone
Vice President Kristopher Wilhoit
Senior Principal Scott Buttari
Senior Principal Cecilia Einarson
Senior Principal Long Hoang
Senior Principal David Kennedy
Senior Principal Douglas Stoker
Principal Robert R. Cunningham

5.B.c
Packet Pg. 101 Attachment: Oaks Initiative Form - Stantec (6337 : One Water Master Plan) STANTEC CONSULTING SERVICES INC.

Corporate Information Summary Page 3 of 3
https://stantec.sharepoint.com/teams/SantaMonica2024OneWaterMasterPlan-StantecOnly/Shared Documents/Stantec Only/1.

Marketing/Forms/SCSI Directors and Officers as of 2-20-24.docx Updated: Feb 20/24
Principal Steve Shadix
Principal Stephen Varsa
Senior Associate Linda Brown
Senior Associate Jason Schneider
Senior Associate Gregory Sebourn
Senior Associate Kelly VanElders
Senior Associate Matthew Vernon
Associate & CEO – Surveying Jerome Means
Account Manager Michael A. Kennedy
Director, Taxation Ally Gerlach
Right of Way Officer Geraldine V. Webb
Employee Brian Larson
Corporate Counsel Michael Aceto
Corporate Counsel David Archer
Corporate Counsel Eli Bilek
Corporate Counsel William A. Butler
Corporate Counsel Thomas Curran
Corporate Counsel William J. Edwards
Corporate Counsel Victoria Hall-Sturt
Corporate Counsel Cate Hite
Corporate Counsel Agustina Jaureguiberry
Corporate Counsel Katharine LaFrance
Corporate Counsel Christy J. Leonard
Corporate Counsel Amy Oygen
Corporate Counsel Robert J. Ray
Corporate Counsel Charles B. (Chad) Rogers II
Corporate Counsel Corey Sanchez
Corporate Counsel Matthew Storey
Secretary Christopher O. Heisler
Assistant Secretary Jeffrey P. Stone
Treasurer Theresa Jang

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Packet Pg. 102 Attachment: Oaks Initiative Form - Stantec (6337 : One Water Master Plan) 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.

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
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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Packet Pg. 103 Attachment: Levine Act Disclosure Form - Stantec (6337 : One Water Master Plan) 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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Packet Pg. 104 Attachment: Levine Act Disclosure Form - Stantec (6337 : One Water Master Plan) City Council
Report
City Council Meeting: June 25, 2024
Agenda Item: 5.C
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Resource Recovery & Recycling
Subject: Approval of Modification to Purchase Order with Los Angeles Truck Centers, LLC to Furnish and Deliver Side Loader Trucks
Recommended Action
Staff recommends that the City Council:

1. Authorize the Procurement Manager to modify purchase order #22400467 in the amount of $1,401,185 with Los Angeles Truck Centers, LLC to furnish and deliver three additional side loader trucks for the Public Works Department. This would result in a revised purchase order total not to exceed $7,425,559, with future year funding contingent on Council budget approval; and

2. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) guidelines.

Summary
With the expansion of the green organics recycling program due to SB 1383 and the need to increase the spare vehicle ratio to a recommended industry standard of 15%, the purchase of three additional side loader vehicles is recommended by the Resource Recovery and Recycling (RRR) Division in the Public Works Department. SB 1383 requires mandatory organics recycling to divert organic materials away from landfills, in an effort to reduce short-lived climate pollutants, such as methane. These vehicles will be used to cover the necessary addition of organics collection routes, and also as spare vehicles when other units are sent to Fleet Services for service or inspection. Staff recommends a modification to the purchase order with Los Angeles Truck Centers, LLC for the purchase of three additional side loader collection trucks, for a total of 15 side loaders. Funding for these vehicles was approved by Council as part of the FY 2023-24

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mid-year budget and are essential in supporting the Council’s priority of a Clean and Safe Santa Monica.

Discussion
The Fleet Management Division is responsible for ensuring the City’s diverse fleet of over 700 vehicles are available, dependable, meet the highest environmental standards for a sustainable fleet, and are safe to operate from acquisition through disposal. The Division routinely replaces vehicles that have reached the end of their cost-effective useful lives through the Vehicle Replacement Fund.

On April 25, 2023, Council authorized the Procurement Manager to issue purchase orders with Los Angeles Truck Centers, LLC, as an exception to competitive bid process, under Santa Monica Municipal Code Section 2.24.250 (c): “Competitive procedures were followed by a governmental agency, federal, state, county, city, joint powers agency, special district, or cooperative purchasing agency and the goods or services are supplied to the City at the same or better price,” for the purchase of twelve side loader trucks, along with other RRR collection vehicles due for replacement, that had reached the end of their cost-effective useful life. These vehicles carry out the dayto-day collection of recyclable, organics, and landfill trash materials that directly support the City’s priority of a Clean and Safe Santa Monica.

On June 9, 2020, Sourcewell issued an RFP for Class 4-8 Chassis with Related Equipment, Accessories, and Services. Under the terms of the RFP, and the resulting Sourcewell Agreement with Los Angeles Truck Center, a distributor of Crane Carrier equipment, similar nationally leveraged purchasing discounts are also available to other government agencies. The chassis is offered at an additional 20% reduced rate through preferred customer discount pricing. Sourcewell Agreement #060920-CRN was established on August 7, 2020, expires August 1, 2024, and has one, one-year renewal option.

Due to the adoption of SB 1383, it is necessary to reorganize and add additional organics routes, which require additional side loader collection trucks. Further, RRR requires additional side loaders to meet the industry standard of a 15% spare ratio.

Without the spare vehicles, primarily residential routes can go uncollected if that route’s

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vehicle is out of commission for service, which would result in increased calls to the 311 system for missed collections.

Environmental Review
The purchase orders for replacement vehicles are Categorically Exempt from CEQA pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines.

Section 15302 exempts Class 2 projects which “consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced”. The replacement vehicles would replace existing City fleet vehicles, with essentially the same purpose and capacity.

Therefore, the purchase orders for replacement vehicles are exempt from CEQA pursuant to Section 15302 of the CEQA Guidelines.

Past Council Actions
Meeting Date Description
04/25/23
(Attachment A)
Authorization of Purchase Orders with National Auto Fleet Group and Los Angeles Truck Centers for Vehicle
Replacement Purchases for Various Divisions
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Vehicle Management Fund to increase the amount of the purchase order with Los Angeles Truck Centers, LLC to furnish and deliver three additional side loader trucks.

Purchase Order Modification Request
Agreement #
Current Authorized
Purchase Order
Amount
FY 2023-24
Modified
Request
Amount
Dept/CIP Account # Total Revised
Contract Amount
22400467 $6,024,374 $1,401,185 C7000010.689000 $7,425,559 Future year funding is contingent on Council budget approval.

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Prepared By: Ryan Kraemer, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. Staff Report 4-25-2023
B. Levine Act Disclosure Form - Los Angeles Truck Centers C. Oaks Initiative Form - Los Angeles Truck Centers

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City Council
Report
City Council Meeting: April 25, 2023
Agenda Item: 5.B
1 of 8
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Fleet Services Subject: Authorization of Purchase Orders with National Auto Fleet Group and Los Angeles Truck Centers for Vehicle Replacement Purchases for Various Divisions
Recommended Action
Staff recommends that the City Council:

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

2. Authorize the Procurement Manager to issue a purchase order with National Auto Fleet Group for the purchase of forty-one Ford sedans, sports utility vehicles, vans, and trucks for the Police, Fire, Public Works, and Library Departments. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (c) and is for a total amount not to exceed $3,181,078.

3. Authorize the Procurement Manager to issue a purchase order with Los Angeles Truck Centers for the purchase of twelve side loader trucks, one rear loader and three front loader trucks for the Public Works 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 $7,837,992.

Summary
Various City of Santa Monica departments and divisions provide essential services that maintain clean and safe neighborhoods and open spaces for Santa Monica’s residents, visitors, and City staff. These operations rely on vehicles and equipment managed and maintained by the City’s Fleet Management Division. Many of these vehicles are aging past their cost-effective useful lives. To ensure reliable operations, provide uninterrupted service to the community, and reduce downtime and

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Packet Pg. 109 Attachment: Staff Report 4-25-2023 (6403 : Purchase Order Modification with Los Angeles Truck Centers) 2 of 8
maintenance costs, staff recommends purchasing fifty-seven vehicles and equipment based on competitive contract pricing available to government agencies.

Discussion
The Fleet Management Division is responsible for ensuring the City’s diverse fleet of over 700 vehicles are available, dependable, meet the highest environmental standards for a sustainable fleet, and are safe to operate from acquisition through disposal. The division routinely replaces vehicles that have reached the end of their cost-effective useful lives through the Vehicle Replacement Fund.

In response to the budgetary impacts of the COVID-19 pandemic, contributions to the Vehicle Replacement Fund were suspended for the General and Beach Funds, and vehicle replacements were temporarily suspended unless they were necessary for public safety or for the operation of essential City services. The Fleet Management Division has worked together with various City divisions to extend the useful lives of their vehicles as much as possible.

Fifty-seven vehicles have been identified for replacement. These vehicles are vital to essential operations but have reached or exceeded their cost-effective useful life, incurring maintenance costs of approximately 50% of the original purchase cost over the last two years. Due to their age and use, these vehicles require significant ongoing maintenance and repair costs to remain reliable, safe, and operational.

Staff is recommending the purchase of fifty-seven vehicles and equipment for a total amount not to exceed $11,019,070, of which $2,428,023 is from the General Fund, including a 10% or 30% contingency as itemized in Table 1. A detailed list of each vehicle is included to provide additional context. (Attachment A). Funding for the replacement of these vehicles is available and was collected over each asset’s useful life.

Due to high demand and limited vehicle availability, the Ford vehicles may not be readily available to the City. This may create a significant escalation in vehicle cost

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Packet Pg. 110 Attachment: Staff Report 4-25-2023 (6403 : Purchase Order Modification with Los Angeles Truck Centers) 3 of 8
and, as a result, the purchase order for the Ford vehicles would include a higher contingency amount. However, purchasing in higher numbers would put the City in a more competitive position when the manufacturer begins to accept orders for the year and would ensure the timeline for replacement is not extended any further past the cost-effective useful life of the vehicles. Given the long lead times for these vehicles, and an average delivery time of up to two years, it is essential to be proactive and start the process for replacement. These essential vehicles are key to public safety, maintaining our open spaces, and supporting the City Council’s priority of a Clean and Safe Santa Monica.

Table 1. Vehicle Replacement Program: Vehicle and Equipment Purchases Fund Dept. Vendor Description Qty. Extended Price*
RRR Public Works LA Truck Centers Side Loader 12 $6,008,972 RRR Public Works LA Truck Centers Front Loader 3 $1,399,310 RRR Public Works LA Truck Centers Rear Loader 1 $429,710 RRR Fund Total 16 $7,837,992
Wastewater Public Works National Auto Fleet Group Ford Mach-E 2 $147,038 Wastewater Public Works National Auto Fleet Group Ford F-250 1 $84,658 Wastewater Fund Total 3 $231,695
Water Public Works National Auto Fleet Group Ford F-250 3 $521,360 Water Fund Total 3 $521,360
General Police National Auto Fleet Group Ford PIU 28 $1,857,814 General Library National Auto Fleet Group Ford E-350 1 $90,148 General Library National Auto Fleet Group Ford Escape 1 $60,900 General Finance National Auto Fleet Group Ford E-250 2 $174,664 General Police National Auto Fleet Group Ford Explorer 1 $76,995 General Public Works National Auto Fleet Group Ford F-250 2 $167,501 General Fund Total 35 $2,428,023
Total 57 $11,019,070
*Extended price includes contingency

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Public Works Department
Resource Recovery and Recycling (RRR)
The RRR Division relies on these vehicles to carry out day-to-day operations that directly support the City’s priority of a Clean and Safe Santa Monica, including:
• Collection of recycling, organics, and waste materials; • Distribution and replacement of two-, three-, and four-yard collection bins; • Street sweeping along the City’s ~253 curb lane miles; and • Responding to requests for bulky and abandoned item pickup.

Water Resources Division
The City’s Water Resources Division operates and maintains three water treatment facilities and four water storage reservoirs as well as over 200 miles of water distribution mains, 150 miles of sewers, and 60 miles of storm drains throughout the City. Various service trucks and construction vehicles are used by Water Resources staff to operate and maintain this water and wastewater infrastructure.

These vehicles are also used to carry out day-to-day operations to provide water and wastewater services to the community, which include the following:
• Responding to emergencies, such as water main breaks, service line leaks, and wastewater overflows;
• Excavation and installation of water services for new and existing construction; • Transportation of personnel, equipment, and construction material to construction sites to service water and wastewater infrastructure; • Responding to customer service requests, such as investigating water leaks on property; and
• Maintaining storm drains and catch basins.

These vehicles are used year-round and are on standby 24 hours per day to respond to water, wastewater, and stormwater emergencies.

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Public Landscape
The Public Landscape Division maintains the City’s parks urban forest, and oceanfront.

Park Maintenance staff provide landscaping and irrigation in 28 parks and nearly 300 medians and open spaces. The oceanfront team preserves the 245-acre Santa Monica State Beach, including 3.5 miles of bike path, and the historic Santa Monica Pier. This division relies heavily on their vehicles to provide:
• Daily clean-up of Ocean Front Walk, including pick up of large and bulky items; • Responding to 311 requests;
• Pressure wash service to 3.5 miles of beach area including, Ocean Front Walk, parking lots, restrooms, and the bike path; and
• Maintain trees and parks on public streets and citywide.

Police Department
The Police Department uses their vehicles for emergency response, patrol, pursuit, and traffic enforcement. These police vehicles consist of patrol and pursuit units with a useful life of four years. The vehicles in the Police Department are used for a variety of purposes and assignments including emergency response, routine patrol, and specialized details and assignments.

Santa Monica Public Library
The Santa Monica Public Library’s Administration and Business Services Division uses their vehicles to provide program support and to transport supplies, materials, and books between their five locations. These vehicles are also used to conduct security patrols at Library facilities.

Finance Department
The Finance Department’s Treasury Division is responsible for collecting revenue from parking meters throughout the City. These vehicles provide support to the division to

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carry out day-to-day operations and collect coins from over six thousand street parking meters throughout the City.

Vendor Selection
Exception to Competitive Bidding
Staff recommends: 1) National Auto Fleet Group, a distributer of Ford trucks, vehicle upfitting, chassis upfitting equipment, to furnish and deliver forty-one vehicles and; 2) Los Angeles Truck Centers, a distributer of Crane Carrier equipment, to furnish and deliver sixteen front, side, and rear loaders as an exception to competitive bidding under Santa Monica Municipal Code Section 2.24.250 (c): “Competitive procedures were followed by a governmental agency, federal, state, county, city, joint powers agency, special district, or cooperative purchasing agency and the goods or services are supplied to the City at the same or better price.”
On September 15, 2021, Sourcewell issued an RFP for Cars, Trucks, Vans, SUVs, Cab Chassis, & Other Vehicles. Under the terms of the RFP, and the resulting Sourcewell Agreement with National Auto Fleet Group, similar nationally leveraged purchasing discounts are also available to other government agencies. Sourcewell Agreement #091521-NAF was established on November 4, 2021, expires November 8, 2025, and has one one-year renewal option.

On June 9, 2020, Sourcewell issued an RFP for Class 4-8 Chassis with Related Equipment, Accessories, and Services. Under the terms of the RFP, and the resulting Sourcewell Agreement with Los Angeles Truck Center, a distributor of Crane Carrier equipment , similar nationally leveraged purchasing discounts are also available to other government agencies. The chassis is offered at an additional 20% reduced rate through preferred customer discount pricing. Sourcewell Agreement #060920-CRN was established on August 7, 2020, expires August 1, 2024, and has one one-year renewal option.

Sourcewell is a cooperative purchasing agency that serves government, education,

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and nonprofit organizations. As a cooperative purchasing agency, they acquire goods or services by aggregating the demand of two or more entities in an effort to obtain more economical pricing.

Environmental Assessment
The purchase orders for replacement vehicles are categorically exempt from CEQA pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines.

Section 15302 exempts Class 2 projects which “consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced”. The replacement vehicles would replace existing City fleet vehicles, with essentially the same purpose and capacity.

Therefore, the purchase orders qualify for a Class 2 exemption.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Vehicle Replacement Fund to award a purchase order with Los Angeles Truck Centers for the purchase and delivery of sixteen rear, side, and front loader trucks in the amount of $7,837,992; and a purchase order with National Auto Fleet Group for the purchase and delivery of forty-one Ford vehicles in the amount of $3,181,078.

Purchase Order Requests
Vendors CIP Account # Total Contract Amount
Los Angeles Truck Centers C7000010.689000 $7,837,992
National Auto Fleet Group C7000010.689000 $3,181,078
Total $11,019,070

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Packet Pg. 115 Attachment: Staff Report 4-25-2023 (6403 : Purchase Order Modification with Los Angeles Truck Centers) 8 of 8
Prepared By: Doris Mejia, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. Attachment A Vehicles Staff Report 4.2023
B. NAFG Oaks
C. LA Truck Center - Velocity Oaks

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Packet Pg. 116 Attachment: Staff Report 4-25-2023 (6403 : Purchase Order Modification with Los Angeles Truck Centers) 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.

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 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.C.b
Packet Pg. 117 Attachment: Levine Act Disclosure Form - Los Angeles Truck Centers (6403 : Purchase Order Modification with Los Angeles Truck Centers) 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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Packet Pg. 118 Attachment: Levine Act Disclosure Form - Los Angeles Truck Centers (6403 : Purchase Order Modification with Los Angeles Truck Centers)

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 # ___________________________ Los Angeles Truck Centers, LLC dba Velocity Truck Centers Bradley C. Fauvre
James C. Barker
Bradley C. Fauvre - 50%
James C. Barker - 50%
Ron Creighton Fleet & Municipal Sales
June 4, 2024
[email protected] (909) 510-4406

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Packet Pg. 119 Attachment: Oaks Initiative Form - Los Angeles Truck Centers (6403 : Purchase Order Modification with Los Angeles Truck Centers) City Council
Report
City Council Meeting: June 25, 2024
Agenda Item: 5.D
1 of 4
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Approval of Professional Services Agreement with Allan D. Kotin & Associates for Real Estate Advisory Services
Recommended Action
Staff recommends that the City Council:

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

2. Authorize the City Manager to execute a sixth modification to reinstate and extend Agreement #9543 with Allan D. Kotin & Associates for real estate advisory services for the Community Development Department. This will result in a 14-year modified agreement not to exceed $340,000 with future year funding contingent on Council budget approval.

Summary
The City has an extensive real estate portfolio with prominent assets such as the Santa Monica Pier, Civic Auditorium, and Bergamot Station Arts Center, as well as other commercial properties. As a best practice, the City retains advisory services specializing in economic and real estate analyses to inform and assist the City with valuations and negotiations. Allan D. Kotin & Associates (Consultant) was retained by the City with Council approval for such services through a 2011 Request for Qualifications (RFQ).

The City uses Consultant services to evaluate the feasibility and business terms associated with leases and licenses of several City-owned properties. To ensure continuity with existing negotiations, staff recommends extending the Professional Services Agreement (Agreement) with Consultant for two additional years.

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Discussion
For complex projects, the City, through its Economic Development Division, engages highly specialized real estate advisory services. The City contracted with the Consultant following a 2011 RFQ process and Council direction on January 24, 2012. The Consultant was selected based on its qualifications and extensive financial and development advisory experience consulting for public agencies throughout the state.

Due to the complexity and duration of significant real estate transactions which can take several years to evaluate and negotiate, Consultant’s Agreement has been modified to extend its original term and increase its original budget as summarized in the Past Council Actions table below. On-going and complex lease negotiations, such as the City and Rooftop Cinema Club negotiations for City-owned Parking Structure 6, have been conducted with the support of the Consultant. To ensure continuity with these on-going, complex negotiations for which Consultant has the background and knowledge as City has previously retained Consultant for these negotiations, staff recommends extending the term by two additional years resulting in a 14-year modified agreement with no increase to the current authorized amount of $340,000. Future year funding would be contingent on Council budget approval.

The proposed modification would also permit the City to retain the Consultant to provide the City with economic analyses necessary for lease negotiations concerning, for example, proposed assignments, subleases, and other proposed real estate transactions provided that the lessee, proposed transferee, or other third party that is proposing the real transaction agrees to pay the Consultant upfront for the cost of these additional Consultant services. City leases require that lessees pay for the costs to review proposed transfers, including consultant and attorney fees. This would allow the City to retain Consultant for such proposed real estate transactions without using City funds.

Past Council Actions
Meeting Date Description
01/24/2012 Council authorized an Agreement for Consultant to provide real

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estate economic and financial advisory services through June 30, 2014, in an amount not to exceed $70,000. A first modification was executed on June 26, 2014, to extend the term to
June 30, 2016.
06/23/2015 Council authorized a second modification to the extend the term through December 31, 2019, and increase the Agreement by $130,000 for a total amount not-to-exceed $200,000.
06/27/2017 Council authorized a third modification to increase Agreement authority by $100,000 for a total amount not to exceed $300,000 11/12/2019 Council authorized a fourth modification to extend the term by three one-year options and to increase Agreement authority by $40,000 for a total amount not to exceed $340,000.
10/25/2022 Council authorized a fifth modification to extend the term by one year to December 31, 2023.

Environmental Review
The Agreement is exempt from CEQA pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) guidelines, which states that CEQA does not apply “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The Agreement would provide real estate economic and financial advisory services and would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action warranted as a result of the recommended actions to extend the Agreement.

Agreement Modification Request
Agreement #
Current Authorized
Amount
FY 2023-24
Modified Request
Amount
Dept/CIP Account # Total Contract
Amount
9543 $340,000 $0 01700015.552010 $340,000
Future year funding is contingent on Council budget approval.

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Prepared By: Ava Lee, Senior Development Analyst
Approved Forwarded to Council
Attachments:

A. Attachment A staff report 01-24-2012 3P
B. Attachment B staff report 06-23-2015 3G
C. Attachment C staff report 06-27-2017 3F
D. Attachment D staff report 11-12-2019 3H
E. Attachment E staff report 10-25-2022 5K
F. 0 CCS No. 9543 - Kotin CT 9543 01-2012
G. Kotin-Oaks 202405
H. Kotin-Levine 202405

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City of City Council Report
Santa Monies
City Council Meeting: January 24, 2012
Agenda Item: 3P
To: Mayor and City Council
From: Andy Agle, Director of Housing and Economic Development Subject: Professional Services Agreements for Real Estate and Economic Development Consulting Services
Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute a Professional Services Agreement (PSA) with Keyser Marston Associates in the amount of $80,000; and

2. Amend an existing PSA ( Contract No. 9113 ( CCS)) with Allan D. Kotin & Associates in the amount of $70, 000 for a new contract total of $225, 000.

Executive Summary
This report recommends awarding a contract to Keyser Marston Associates ( KMA) in the amount of $ 80,000 and extending an existing contract with Allan D. Kotin & Associates in the amount of $ 70, 000 for the purposes of providing professional real estate and economic development advice and support to City staff regarding complex property transactions involving property leasing, property acquisition and /or formulation of public /private development partnerships. The total cost of the recommended action is $ 150, 000.

Discussion
The City of Santa Monica Housing and Economic Development Department' s Economic Development Division periodically requires specialized real estate consulting services to advise staff and Council on complex property transactions involving property leasing, property acquisition and /or formulation of public /private development partnerships.

These projects generally relate to commercial and industrial properties, capital projects such as parking structures, and private development within the City's retail and commercial districts. These projects include the Fourth and Arizona redevelopment site, the Downtown Santa Monica movie theatre development and the Bergamot Station Arts Center development and leasing guidelines.
1 5.D.a
Packet Pg. 124 Attachment: Attachment A staff report 01-24-2012 3P (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates) The consultant' s services would be on an as- needed basis, providing technical assistance on a variety of different projects and properties, including the redevelopment of the Fourth and Arizona site and the leasing structure for the Bergamot Station Arts Center. The consultants may be asked to review and comment upon developer pro - formas, advise staff regarding the structuring of real estate transactions and deals, participate in negotiations, and provide other relevant economic information, as requested. Consultants' services would also likely include attending public meetings and presenting to the City Manager and City Council, as necessary and providing assistance with:

Pro forma analysis
Economic impact analysis
Fiscal Impact analysis
Financial feasibility
Joint venture and ground lease structuring
Ground lease negotiation
Developer selection
Contractor /Consultant Selection
In December 2011, staff released a Request for Qualifications ( RFQ) for professional real estate and economic development consulting services. The RFQ was posted on the City' s online bidding website, Planet Bid. In addition, five consultants who have worked with the City on previous projects were invited to submit qualifications. A total of thirteen responses were received by the January 18, 2012 deadline. Staff reviewed the proposals and selected the recommended firms due to their relevant experience, staffing capacity, relative price and strong local government references.

KMA has previously assisted City with the Civic Center Village and the Downtown Parking Strategy Update. Based on their experience and qualifications, KMA is uniquely positioned to provide expertise to staff on a number of upcoming projects. Their scope of work would include the Bergamot Station Arts Center developer selection process

5.D.a
Packet Pg. 125 Attachment: Attachment A staff report 01-24-2012 3P (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates) and leasing guidelines, and undertaking fiscal impact analysis for several other projects.

It is recommended that a contract be awarded to KMA for $80,000.

Allan D. Kotin & Associates has worked with the City on a variety of real estate acquisition and lease structuring projects, including the Fourth and Arizona site and the AMC Movie Theatre development proposal. It is recommended that the existing contract be extended by $ 70, 000 to continue the implementation of these Downtown Santa Monica projects.

Financial Impacts & Budget Actions
Funds for these contracts were transferred to the City by the Redevelopment Agency pursuant to Cooperation Agreement No. 9267, executed September 1, 2010, between the Agency and the City, under which the City is implementing these redevelopment projects. The contract to be awarded by Keyser Marston Associates is $ 80,000. The contract amendment to be awarded to Allan D. Kotin & Associates is $ 70,000 for additional scoping to be added to the existing contract for a new contract total of 225, 000. Funds in the amount of $ 150,000 are available in account R01077617.589000.

Prepared by: Jennifer Taylor, Economic Development Administrator Approved: Forwarded to Council:

I&, m hk h4 - - 0 -
Andy Agl it for Rod Gould `
Housing and Economic Development City Manager
3 5.D.a
Packet Pg. 126 Attachment: Attachment A staff report 01-24-2012 3P (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates) Reference Amended
Contract No. 9113 ( CCS)
and Contract No. 9539
CCS).

5.D.a
Packet Pg. 127 Attachment: Attachment A staff report 01-24-2012 3P (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates) City Council Report
City Council Regular Meeting: June 23, 2015
Agenda Item: 3-G
1 of 3
To: Mayor and City Council
From: Andy Agle, Director of Housing and Economic Development Subject: Professional Services Agreement Modification
Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute a second modification to Professional Services Agreement No. 9543 with Allan D. Kotin & Associates, a California-based company, in an amount not to exceed $130,000, on the same general terms and conditions through December 31, 2019, for economic consulting and financial analysis for the Fourth Street cinema project.

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

Executive Summary
This report recommends an extension of the contract with Allan D. Kotin & Associates to continue providing economic consulting services to support the city’s Fourth Street cinema project. The contract modification would extend the term of the contract until December 31, 2019 in an amount not to exceed $130,000 for a total amount not to exceed $200,000. Services related to the proposed cinema project would come from a cost recovery deposit funded by the cinema developer.

Background
In 2011, City staff sought an economic and financial consultant team that could advise staff on complex real estate transactions involving property leasing, property acquisition, and the formulation of public/private development partnerships. The real estate economics consulting firm of Allan D. Kotin & Associates was chosen from a Request for Qualifications (RFQ) process because of its extensive experience with providing economic and financial solutions to both the public and private sectors.

Allan D. Kotin & Associates has provided real estate financial analysis and economic development advice to the City on a variety of transactions, including the previous effort to implement the Fourth Street cinema project.

5.D.b
Packet Pg. 128 Attachment: Attachment B staff report 06-23-2015 3G (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates) 2 of 3
Discussion
Staff executed professional services agreement no. 9543 on January 25, 2012 in the amount of $70,000. A first modification was executed on June 26, 2014 to extend the term to June 30, 2016. A second modification to the existing professional services agreement no. 9543 is proposed to allow the firm to continue its economic and financial advisory services to the City. The consultant team includes a new sub-consultant, IJM Enterprises. IJM Enterprises is a cinema-industry consulting firm that has provided consulting services to the City since 2004. The two firms will continue collaborating and providing consulting services to the City associated with the negotiations for the development of the Fourth Street cinema project in downtown.

Vendor/Consultant Selection
The firm, Allan D. Kotin & Associates, was chosen through an RFQ process in 2011.

The firm was selected based on its extensive economic development experience consulting for both the public and private sectors. The firm’s advice and analysis have been extremely helpful in assisting the City in structuring business terms that protect the City’s interests while yielding the greatest economic benefit.

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Packet Pg. 129 Attachment: Attachment B staff report 06-23-2015 3G (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates) 3 of 3
Financial Impacts and Budget Actions
The agreement modification to be awarded to Allan D. Kotin & Associates is $130,000, for an amended agreement total not to exceed $200,000. Funds in the amount of $30,000 are available in the FY 2015-17 Proposed Biennial Budget at account 012681.555060. The remaining agreement modification costs, which will be supported by a cost recovery deposit from the proposed developer of the cinema project, will require the following budget changes:

1. For FY 2014-15, increase revenue budget at account 01263.407771 in the amount of $150,000.

2. For FY 2015-16, appropriate $100,000 to expenditure account 012681.555060.

Future-year funding is contingent on Council budget approval.

Prepared By: Erika Cavicante, Senior Development Analyst Approved Forwarded to Council

5.D.b
Packet Pg. 130 Attachment: Attachment B staff report 06-23-2015 3G (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates) City Council
Report
City Council Meeting: June 27, 2017
Agenda Item: 3.F
1 of 3
To: Mayor and City Council
From: Andy Agle, Director, Housing and Economic Development, Economic Development Division
Subject: Modification to Professional Services Agreement for Real Estate and Economic Development Consultant
Recommended Action
Staff recommends that Council authorize the City Manager to negotiate and execute a third modification to Professional Services Agreement Number 9543 in the amount of $100,000 with Allan D. Kotin & Associates, a California-based company, for economic consulting and financial analysis. The proposed modification would result in a five-year amended agreement with a new total amount not to exceed $300,000, with future-year funding contingent on Council budget approval.

Executive Summary
Allan D. Kotin & Associates has been the real estate and economic development consultant to the City on a variety of projects including the Civic Center Sports Field and Fourth Street Cinema. Staff recommends modifying the professional services agreement with Allan D. Kotin & Associates to increase its contract authority by $100,000, for a total amount not to exceed $300,000, in order to continue to provide analytical support for City projects and endeavors.

Background
The City of Santa Monica Housing and Economic Development Department’s Economic Development Division periodically requires specialized real estate and financial consulting services to advise staff and Council on complex property transactions involving leasing, development, and the formulation of public/private development partnerships. Examples include the Civic Center sports field, Downtown cinema development, and Civic Auditorium renovation.

In December 2011, staff issued a Request for Qualifications (RFQ) from economic and financial consulting teams that could advise staff on complex real estate transactions such as redevelopment of the Fourth Street at Arizona Avenue site, revitalization of

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Packet Pg. 131 Attachment: Attachment C staff report 06-27-2017 3F (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates) 2 of 3
Bergamot Station Arts Center, and renovation of the Civic Auditorium. The real estate and economic consulting firm of Allan D. Kotin & Associates was recommended because of its extensive experience with providing economic and financial solutions to both the public and private sectors.

On January 24, 2012 (Attachment A), Council authorized staff to execute professional services agreement number 9543 with Allan D. Kotin & Associates in the amount of $70,000. A first modification was executed on June 26, 2014 to extend the term to June 30, 2016. At its June 23, 2015 meeting (Attachment B), Council authorized a second modification to the existing professional services agreement number 9543 to extend the term to December 31, 2019, and increase its contract authority by $130,000 for a total amount not to exceed $200,000.

Discussion
Allan D. Kotin & Associates has provided real estate financial analysis and economic development advice to the City on a variety of complex property transactions and development proposals including the Civic Center Sports Field and Fourth Street Cinema.

A third modification to the existing professional services agreement number 9543 is proposed to enable the firm to continue its economic and financial advisory services to the City in order to assist in the review of the upcoming solicitation of proposals for the renovation of the Civic Auditorium and other real estate analysis as required.

Staff seeks authorization to modify the professional services agreement to increase the contract amount by $100,000 for a total budget authority not to exceed $300,000.

Vendor/Consultant Selection
The firm, Allan D. Kotin & Associates, was chosen through an RFQ process in 2011.

The firm was selected based on its extensive economic development experience consulting for both the public and private sectors. The firm’s advice and analysis have been extremely helpful in assisting the City in structuring business terms that protect the City’s interests while yielding the greatest economic benefit.

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Packet Pg. 132 Attachment: Attachment C staff report 06-27-2017 3F (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates) 3 of 3
Financial Impacts and Budget Actions
The contract modification to be awarded to Allan D. Kotin & Associates is $100,000, for an amended contract total not to exceed $300,000. Funds are included in the FY 2017-18 Proposed Budget in the Housing and Economic Development Department.

The contract will be charged to account 012681.555060. Future-year funding is contingent on Council budget approval.

Prepared By: Erika Cavicante, Senior Development Analyst Approved Forwarded to Council
Attachments:

A. Council Report 1/24/2012
B. Council Report 6/23/2015
C. Oaks Initiative Allan D. Kotin & Assoc.

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Packet Pg. 133 Attachment: Attachment C staff report 06-27-2017 3F (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates)

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Packet Pg. 134 Attachment: Attachment C staff report 06-27-2017 3F (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates)

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Packet Pg. 135 Attachment: Attachment C staff report 06-27-2017 3F (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates)

5.D.c
Packet Pg. 136 Attachment: Attachment C staff report 06-27-2017 3F (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates) City Council Report
City Council Regular Meeting: June 23, 2015
Agenda Item: 3-G
1 of 3
To: Mayor and City Council
From: Andy Agle, Director of Housing and Economic Development Subject: Professional Services Agreement Modification
Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute a second modification to Professional Services Agreement No. 9543 with Allan D. Kotin & Associates, a California-based company, in an amount not to exceed $130,000, on the same general terms and conditions through December 31, 2019, for economic consulting and financial analysis for the Fourth Street cinema project.

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

Executive Summary
This report recommends an extension of the contract with Allan D. Kotin & Associates to continue providing economic consulting services to support the city’s Fourth Street cinema project. The contract modification would extend the term of the contract until December 31, 2019 in an amount not to exceed $130,000 for a total amount not to exceed $200,000. Services related to the proposed cinema project would come from a cost recovery deposit funded by the cinema developer.

Background
In 2011, City staff sought an economic and financial consultant team that could advise staff on complex real estate transactions involving property leasing, property acquisition, and the formulation of public/private development partnerships. The real estate economics consulting firm of Allan D. Kotin & Associates was chosen from a Request for Qualifications (RFQ) process because of its extensive experience with providing economic and financial solutions to both the public and private sectors.

Allan D. Kotin & Associates has provided real estate financial analysis and economic development advice to the City on a variety of transactions, including the previous effort to implement the Fourth Street cinema project.

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Packet Pg. 137 Attachment: Attachment C staff report 06-27-2017 3F (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates) 2 of 3
Discussion
Staff executed professional services agreement no. 9543 on January 25, 2012 in the amount of $70,000. A first modification was executed on June 26, 2014 to extend the term to June 30, 2016. A second modification to the existing professional services agreement no. 9543 is proposed to allow the firm to continue its economic and financial advisory services to the City. The consultant team includes a new sub-consultant, IJM Enterprises. IJM Enterprises is a cinema-industry consulting firm that has provided consulting services to the City since 2004. The two firms will continue collaborating and providing consulting services to the City associated with the negotiations for the development of the Fourth Street cinema project in downtown.

Vendor/Consultant Selection
The firm, Allan D. Kotin & Associates, was chosen through an RFQ process in 2011.

The firm was selected based on its extensive economic development experience consulting for both the public and private sectors. The firm’s advice and analysis have been extremely helpful in assisting the City in structuring business terms that protect the City’s interests while yielding the greatest economic benefit.

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Packet Pg. 138 Attachment: Attachment C staff report 06-27-2017 3F (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates) 3 of 3
Financial Impacts and Budget Actions
The agreement modification to be awarded to Allan D. Kotin & Associates is $130,000, for an amended agreement total not to exceed $200,000. Funds in the amount of $30,000 are available in the FY 2015-17 Proposed Biennial Budget at account 012681.555060. The remaining agreement modification costs, which will be supported by a cost recovery deposit from the proposed developer of the cinema project, will require the following budget changes:

1. For FY 2014-15, increase revenue budget at account 01263.407771 in the amount of $150,000.

2. For FY 2015-16, appropriate $100,000 to expenditure account 012681.555060.

Future-year funding is contingent on Council budget approval.

Prepared By: Erika Cavicante, Senior Development Analyst Approved Forwarded to Council

5.D.c
Packet Pg. 139 Attachment: Attachment C staff report 06-27-2017 3F (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates)

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Packet Pg. 140 Attachment: Attachment C staff report 06-27-2017 3F (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates)

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Packet Pg. 141 Attachment: Attachment C staff report 06-27-2017 3F (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates) City Council
Report
City Council Meeting: November 12, 2019
Agenda Item: 3.H
1 of 5
To: Mayor and City Council
From: Andy Agle, Director, Housing and Economic Development, Economic Development Division
Subject: Modifications to Professional Services Agreements for Real Estate and Economic Advisory Services
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute:

1. A third modification to Professional Services Agreement # 9539 (CCS) with Keyser Marston Associates to increase the compensation by $200,000 and to extend the term by five additional one-year options for services related to the Fourth Street and Arizona project, Bergamot Station Arts Center project, and affordable housing projects. The proposed modification would result in a 14-year amended agreement with a new total not to exceed $480,000, with future-year funding contingent on Council budget approval; and,

2. A fourth modification to Professional Services Agreement # 9543 (CCS) with Allan D. Kotin & Associates to increase compensation by $40,000 and to extend the term by three additional one-year options for services related to the Santa Monica Pier, Beach, and Civic Auditorium. The proposed modification would result in an 11-year amended agreement with a new total not to exceed $340,000, with future-year funding contingent on Council budget approval; and,

3. A reimbursement agreement with SM Park Holdings, LLC, doing business as Pacific Park, or designee, related to the City’s expenses in evaluating proposed changes to the subtenant’s interest on the Pier.

Summary
The City has an extensive real estate portfolio with prominent assets such as the Santa Monica Pier, Civic Auditorium, and Bergamot Station Arts Center, as well as other commercial properties at the beach and downtown. As a best practice, the City retains advisory services specializing in economic and real estate analysis to inform and assist the City with valuations and negotiations. Keyser Marston Associates, Inc. is currently assisting the City with analysis and negotiations of the business terms associated with the proposed public/private partnerships at Fourth Street and Arizona and Bergamot Station Arts Center, as well as numerous affordable housing projects. Allan D. Kotin &

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Associates is currently evaluating the feasibility and business terms associated with leases and licenses of several City-owned properties including the Civic Auditorium, beach concessions, and Pacific Park. In order to support continuity for existing negotiations, staff recommends modifying the existing professional service agreements with Keyser Marston Associates, Inc. and Allan D. Kotin & Associates. In cases requiring outside consultant services, the City seeks reimbursement for its consultant fees. As the operators of Pacific Park have recently proposed potential modifications to their existing lease, staff seeks authorization to enter into a reimbursement agreement with SM Park Holdings, LLC, d/b/a Pacific Park Discussion
For complex development projects, the City, through its Housing and Economic Development Department, engages highly specialized real estate advisory services.

The City currently contracts with two consultants to perform such services, Keyser Marston Associates, Inc. (KMA) and Allan D. Kotin & Associates (Kotin & Associates).

Both consultants were selected following a Request for Qualifications (RFQ) process in 2011 and Council approval on January 24, 2012 (Attachment A). Due to the complexity and duration of significant real estate transactions that can take many years to evaluate and negotiate, the consultant contracts have been modified to extend the original term and increase the original budget as summarized in the Past Council Actions table below. As negotiations on several complex public/private partnership development projects are ongoing (Fourth Street and Arizona project, Bergamot Station Arts Center, the Civic Auditorium) and the Santa Monica Pier tenant operating Pacific Park has requested to modify their lease agreement, further modifications of the consultant agreements are recommended.

KMA currently provides real estate financial analysis and economic development consulting services for the Fourth Street and Arizona and Bergamot Station Arts Center projects, including assisting the City with negotiating business terms associated with proposed disposition and development agreements and long-term ground leases for the projects, as well as conducting economic modeling of alternative development scenarios and assisting in analyzing affordable housing projects. The fees charged by

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Packet Pg. 143 Attachment: Attachment D staff report 11-12-2019 3H (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates) 3 of 5
KMA are reimbursed by the respective development proponents through two separate cost-recovery agreements. To ensure that the economic analysis and negotiations are completed for the two projects, staff recommends modifying PSA # 9539 (CCS) with KMA to increase the compensation by $200,000 and to include five additional one-year options to extend the term, resulting in a total contract amount of $480,000 and a fourteen-year term.

Kotin & Associates is currently working on a variety of complex real estate transactions providing financial analysis and economic considerations for beach concessions, reuse of the Civic Auditorium, and lease negotiations for Pacific Park. To ensure consistency in the financial analysis and negotiations, staff recommends modifying PSA # 9543 (CCS) with Kotin & Associates to increase the compensation by $40,000 and to include three additional one-year options to extend the term, resulting in a total contract amount of $340,000 and an eleven-year term. The costs associated with the Pacific Park lease negotiations are proposed to be reimbursed through a cost reimbursement agreement with the subtenant operators of Pacific Park, the amusement park on Santa Monica Pier.

Vendor/Consultant Selection
The services of KMA and Kotin & Associates were procured through an RFQ process in 2011. Both firms were selected based on their qualifications and extensive financial and development advisory experience consulting for public agencies throughout the state.

Past Council Actions
Meeting Date Description
January 24, 2012
(Attachment A)
KMA. Original award of PSA # 9539 (CCS) authorizing KMA to provide professional real estate and economic development consultant services in an amount not to exceed $80,000. A first modification was executed on June 25, 2014 that extended the term through June 30, 2015.

Kotin. Original award of PSA # 9543 (CCS) authorizing Allan D.

Kotin and Associates to provide real estate economic and financial advisory services in amount not to exceed $70,000. A

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Packet Pg. 144 Attachment: Attachment D staff report 11-12-2019 3H (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates) 4 of 5
first modification was executed on June 26, 2014 to extend the term to June 30, 2016. At its June 23, 2015 meeting, Council authorized a second modification to the PSA 9543 to extend the term through December 31, 2019 and increase contract by $130,000 for a total amount not-to-exceed $200,000.

May 12, 2015
(Attachment B)
KMA. Council authorized a second modification to KMA’s PSA # 9539 (CCS) to extend the term to June 30, 2018, with three, oneyear options to extend and increase its contract authority by $200,000 for a total amount not to exceed $280,000.

June 27, 2017
(Attachment C)
Kotin. Council authorized a third modification to Kotin & Associates PSA to increase of contract authority by $100,000 for a total amount not to exceed $300,000.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to increase the amount of the agreements with Keyser Marston Associates, Inc. and Allan D. Kotin & Associates to continue to provide real estate consulting services. The City will be reimbursed for consultant costs by the development teams for the Fourth Street and Arizona and Bergamot Station Arts Center projects, and from SM Park Holdings, LLC for Pacific Park lease negotiations.

Agreement Modification Request
Agreement #
Current
Authorized
Amount
FY 2019-20
Request
Future Year
Requests Account Number
Total Revised
Contract
Amount
9543 (CCS) $ 300,000 $ 20,000 $ 20,000 01160004.552010 $ 340,000 9539 (CCS) $ 280,000 $ 20,000 $ 130,000 01160004.552010 $ 430,000 $ 0 $ 50,000 $ 0 01160002.552010 $ 50,000
Total $ 480,000
Future-year funding is contingent on Council budget approval.

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Packet Pg. 145 Attachment: Attachment D staff report 11-12-2019 3H (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates) 5 of 5
Prepared By: Ramandeep Kaur, Management Fellow
Approved Forwarded to Council
Attachments:

A. Attachment A - Council Report January 24, 2012
B. Attachment B - Council Report May 12, 2015
C. Attachment C - Council Report June 27, 2017
D. Attachment D - Oaks Initiative Form Kayser Marston Associates Inc.

E. Attachment E - Oaks Initiative Form Allan D. Kotin & Associates

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Packet Pg. 146 Attachment: Attachment D staff report 11-12-2019 3H (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates) City Council
Report
City Council Meeting: October 25, 2022
Agenda Item: 5.K
1 of 4
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Approval of Fifth Modification to Allan D. Kotin & Associates Professional Services Agreement for Real Estate Advisory Services
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a fifth modification to Professional Services Agreement (PSA) #9543 (CCS) with Allan D. Kotin & Associates for continuation of real estate advisory services related to the Santa Monica Pier and other City projects. This modification will extend the term by one year. This will result in a 12-year amended agreement with no increase to the current authorized amount of $340,000, with future year funding contingent on Council budget approval.

Summary
The City has an extensive real estate portfolio with prominent assets such as the Santa Monica Pier, Civic Auditorium and Bergamot Station Arts Center, as well as other commercial properties at the beach and in the downtown area. As a best practice, the City retains advisory services specializing in economic and real estate analysis to inform and assist the City with valuations and negotiations. Allan D. Kotin & Associates is a consultant used by the City for such services. The City uses the firm’s consulting services to evaluate the feasibility and business terms associated with leases and licenses of several City-owned properties such as Pacific Park, the Civic Auditorium, beach concessions and other public-private partnerships. To ensure continuity, staff recommends modifying the existing professional services agreement with Allan D. Kotin & Associates (Kotin & Associates), who are supporting the City in current negotiations.

In some instances, requiring outside consultant services, the City has been able to be reimbursed for its consultant fees. Recently, the City has been in lease negotiations with

5.D.e
Packet Pg. 147 Attachment: Attachment E staff report 10-25-2022 5K (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates) 2 of 4
the operators of Pacific Park and is being reimbursed for Kotin & Associates’ consultant fees through the reimbursement agreement with SM Park Holdings, LLC d/b/a Pacific Park.

Discussion
For complex projects, the City, through its Economic Development Division, engages highly specialized real estate advisory services. One of the consultants that the City currently contracts with, Kotin & Associates, was selected following a Request for Qualifications (RFQ) process in 2011 and Council approved on January 24, 2012 (Attachment A). Due to the complexity and duration of significant real estate transactions which can take many years to evaluate and negotiate, Kotin & Associates’ contract has been modified to extend the original term and increase the original budget as summarized in the Past Council Actions table below. Lease negotiations between the Santa Monica Pier tenant, Pacific Park, and the City have been ongoing; the complex lease negotiations have been conducted with the support of Kotin & Associates. To ensure continuity, staff recommends extending the term by one-year. The costs associated with the Pacific Park lease negotiations are being reimbursed through a cost reimbursement agreement with the subtenant operators of Pacific Park, the amusement park on the Santa Monica Pier. The Economic Development Division is in the process of finalizing a RFQ and expects to have a list of qualified consultants within Fiscal Year 2022-23.

Vendor/Consultant Selection
The services of Kotin & Associates were procured through a RFQ process in 2011. This firm was selected based on its qualifications and extensive financial and development advisory experience consulting for public agencies throughout the state. The City will be issuing a new RFQ for professional services in Fiscal Year 2022-23 to help identify additional professional service providers to assist the City with real estate needs.

However, due to potential ongoing requirements associated with Pacific Park, staff wanted to ensure Kotin was still under contract to provide continuity with this project.

Due to the COVID-19 pandemic, the shutdown of the Pier, and staff workload, the

5.D.e
Packet Pg. 148 Attachment: Attachment E staff report 10-25-2022 5K (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates) 3 of 4
negotiations with Pacific Park and the solicitation for additional consultants were delayed.

Past Council Actions
Meeting Date Description
01/24/12 (attachment A) Original award of PSA # 9543 (CCS) authorizing Allan D. Kotin & Associates to provide real estate economic and financial advisory services in an amount not to exceed $70,000. A first modification was executed on June 26, 2014 to extend the term to June 30, 2016. At its June 23, 2015 meeting, Council authorized a second modification to the extend the term through December 31, 2019 and increase the contract by $130,000 for a total amount not-toexceed $200,000. 06/27/17 (attachment B) Council authorized a third modification to increase contract authority by $100,000 for a total amount not to exceed $300,000 11/12/19 (attachment C) Council authorized a fourth modification to increase contract authority by $40,000 for a total amount not to exceed $340,000 and to extend the term by three one-year options.

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. Funding for the agreement has been budgeted for the 2022-23 fiscal year and the City is reimbursed for the consultant costs associated with the Pacific Park lease negotiations by SM Park Holdings, LLC. The remaining contract authority is $60,330 and is sufficient to complete the project.

Prepared By: Erika Cavicante, Senior Development Analyst Approved Forwarded to Council
Attachments:

A. 2012. 01.24 Kotin Council Report

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Packet Pg. 149 Attachment: Attachment E staff report 10-25-2022 5K (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates) 4 of
4 B. 2017. 06.27 Kotin Council Report
C. 2019. 11-12 Kotin Council Report
D. Kotin OAKS INITIATIVE 2021-2022

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Packet Pg. 150 Attachment: Attachment E staff report 10-25-2022 5K (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates)

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Attachment: 0 CCS No. 9543 - Kotin CT 9543 01-2012 (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates)

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Attachment: 0 CCS No. 9543 - Kotin CT 9543 01-2012 (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates)

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Attachment: 0 CCS No. 9543 - Kotin CT 9543 01-2012 (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates)

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Attachment: 0 CCS No. 9543 - Kotin CT 9543 01-2012 (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates)

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Attachment: 0 CCS No. 9543 - Kotin CT 9543 01-2012 (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates)

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Attachment: 0 CCS No. 9543 - Kotin CT 9543 01-2012 (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates)

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Attachment: 0 CCS No. 9543 - Kotin CT 9543 01-2012 (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates)

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Attachment: 0 CCS No. 9543 - Kotin CT 9543 01-2012 (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates)

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Attachment: 0 CCS No. 9543 - Kotin CT 9543 01-2012 (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates)

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Attachment: 0 CCS No. 9543 - Kotin CT 9543 01-2012 (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates)

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Attachment: 0 CCS No. 9543 - Kotin CT 9543 01-2012 (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates)

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Attachment: 0 CCS No. 9543 - Kotin CT 9543 01-2012 (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates)

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Packet Pg. 164 Attachment: Kotin-Oaks 202405 (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates)

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Packet Pg. 165 Attachment: Kotin-Levine 202405 (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates)

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Packet Pg. 166 Attachment: Kotin-Levine 202405 (6410 : Approval of Professional Services Agreement with Allan D. Kotin & Associates) City Council
Report
City Council Meeting: June 25, 2024
Agenda Item: 5.E
1 of 3
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Approval of First Modification to Agreement with Paul’s Welding for Water and Wastewater Portable Welding and Metal Fabrication Services Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute a first modification to Agreement #11159 (CCS) in an amount not to exceed $350,000 with Paul’s Welding for water and wastewater portable welding and metal fabrication services for the Public Works Department. This will result in a five-year amended agreement with a new total amount not to exceed $850,000, with future year funding contingent on Council budget approval; and

2. Adopt a finding of Categorical Exemption pursuant to Section 15302 of the California Environmental Quality Act (CEQA) Guidelines.

Summary
The City of Santa Monica is replacing existing water meter reading infrastructure with Advanced Metering Infrastructure (AMI), a cloud-based system that transmits water usage data via cellular network in near real time. Implementation of the AMI project requires the replacement of aging meters and meter box lids. Paul’s Welding is the City’s sole vendor for specialized welding and metal fabrication services, which includes fabrication of custom vault lids where needed to ensure compatibility with the new advanced meters. Staff recommends increasing Paul’s Welding Agreement #11159 (CCS) in an amount not to exceed $350,000, for a new total not to exceed $850,000 to support the AMI project.

Discussion

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The Water Resources Division of the Public Works Department delivers high-quality drinking water to approximately 18,400 metered water connections citywide. In an effort to modernize the City’s water meter infrastructure and reduce the impacts of residential water leaks, the Water Resources Division began implementing the AMI project in spring 2023 to replace aging water meters with advanced meters that are capable of providing daily water usage data to each customer.

Installation of the advanced meters requires the replacement of aging non-AMI compatible water meters and the fabrication or modification of meter box lids to allow for cellular signal transmission from the advanced meters to a secure customer portal.

These specialized welding and metal fabrication services are provided by Paul’s Welding, a sole-source vendor with the certification and knowledge of welding techniques and safety protocol unique to industrial water and wastewater operations.

On May 25, 2021, Council awarded an Exception to the Competitive Bidding agreement to Paul’s Welding (Attachment A). During the last two requests for bids for welding and metal fabrication services conducted by the City in July 2016 and February 2021, 122 and 4,469 vendors were notified, respectively, and only Paul’s Welding submitted a proposal. An additional $350,000 is needed to support and complete the AMI project for the custom welding and fabrication of custom steel meter vaults that was originally not accounted for in 2021.

Environmental Review
The replacement of existing water meter lids is Categorically Exempt pursuant to Section 15302 (Replacement and Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines. Section 15302 exempts Class 2 projects which “consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced”. The new advanced meters and meter lids would replace existing water meters/lids with essentially the same purpose and capacity, and therefore, the meter lid fabrication services are categorically exempt from CEQA.

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Past Council Actions
Meeting Date Description
5/25/2021 (Attachment A) Original bid and Sole Source agreement with vendor for welding and metal fabrication services (May 25, 2021
Staff Report)
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Water Fund to increase the amount of Agreement #11159 (CCS) with Paul’s Welding for welding and metal fabrication services.

Agreement Modification Request
Agreement
#
Current
Authorized
Amount
FY 2023-24
Modified
Request
Amount
Future
Years
Amount
Account # Total
Revised
Contract
Amount
11159
(CCS)
$500,000 $50,000 $300,000 50500001.550010 $850,000
Future year funding is contingent on Council budget approval.

Prepared By: Joel Britton, Administrative Analyst
Approved Forwarded to Council
Attachments:

A. May 25, 2021 Staff Report
B. Paul's Welding Original Contract - CT #11159 (CCS)
C. Oaks Initiative - Paul's Welding
D. Levine Act Disclosure Form - Paul's Welding

5.E
Packet Pg. 169
City Council
Report
City Council Meeting: May 25, 2021
Agenda Item: 3.F
1 of 3
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Award Sole Source and Authorize an Agreement with Paul's Welding for Water and Wastewater Welding & Metal Fabrication Services Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute an agreement with Paul Padilla, DBA Paul’s Welding for water and wastewater portable welding and metal fabrication services for the Public Works Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (g) and is for a total amount not to exceed $500,000 over five years. Future year funding is contingent on Council budget approval.

Summary
The Water Resources Division contracts portable welding and fabrication services to properly maintain water and wastewater facilities at Santa Monica Urban Runoff Recycling Facility (SMURRF) and Moss Avenue Pumping Station (MAPS). Welding repair work for MAPS and SMURRF requires a specialized knowledge of related equipment as well as confined space certification. In July 2016 and February 2021, the City solicited bids for such services, with Paul’s Welding being the sole bidder each time. Due to a lapse in prevailing wage registration with the Department of Industrial Relations (DIR), Paul’s Welding’s bid was disqualified, and the bid was closed with no qualified responses. Paul’s Welding has since become current with its registration with the DIR. Due to the specialized nature of work and limited response to previous requests for bids, Water Resources seeks to award a sole source to Paul’s Welding in an amount not to exceed $500,000 over a five-year period.

5.E.a
Packet Pg. 170 Attachment: May 25, 2021 Staff Report (6409 : Mod 1 – CT 11159 – Welding Services) 2 of 3
Discussion
The City contracts portable welding and fabrication work to maintain water and wastewater equipment located in Santa Monica and West Los Angeles including the Arcadia Water Treatment Plant, Charnock Well Field, MAPS, and SMURRF. Welding services required by the Water Resources Division are specialized in that repair locations must often be accessed within confined space, at elevated locations, and/or completed within proximity of water treatment chemicals. The welding contractor must have confined space training certification and knowledge of welding techniques and safety protocol unique to industrial water and wastewater operations. Repairs are conducted on an as-needed basis, and often, on an emergency basis at all hours of the day and night. It is vital to Water Resources operations that the City maintain an on-call agreement for portable welding and fabrication services with a certified, reliable, and knowledgeable firm.

Following two prior requests for bids conducted by the City in July 2016 and February 2021, which notified 122 and 4,469 vendors respectively, the effort only yielded one vendor submission, which was Paul’s Welding. Paul’s Welding is the current provider of portable welding and fabrication services for the Water Resources Division. Due to past limited responses to requests for bids and due to the specialized nature of work, Water Resources seeks to award a sole source agreement to Paul's Welding for portable welding and fabrication of related water and wastewater facilities and equipment in the amount of $500,000 over a five-year period, with future funding contingent upon City Council approval. A portion of maintenance costs for wastewater treatment facilities would be covered by the City of Los Angeles per existing maintenance agreements including 100% reimbursement for work completed at MAPS and 50% reimbursement for the SMURRF.

Vendor Selection
Exception to Competitive Bidding
Staff recommends that Paul’s Welding to provide water and wastewater equipment welding and metal fabrication services as an exception to competitive bidding per Muni Code 2.24.250 (g). This award meets the City’s exception to competitive bidding criteria (g) that due to circumstances outside of the control of the City, a substantial interference would result to City operations if a contract was not awarded as this repair work is vital to maintaining water and wastewater treatment .

5.E.a
Packet Pg. 171 Attachment: May 25, 2021 Staff Report (6409 : Mod 1 – CT 11159 – Welding Services) 3 of 3
g. due to circumstances outside of the control of the City, would result in a substantial economic loss, substantially compromise a legal position, or substantially interfere with a required City operation.

Financial Impact
Staff seeks authority to approve funding from the Water and Wastewater Funds to award a contract to Paul’s Welding for welding and fabrication services. Funds are included in the FY 2012-23 Proposed Biennial Budget. Future year funding is contingent on Council budget approval.

Contract/Agreement/Purchase Order Request
FY 2021-22
Budget
Request Amount
Department/CIP Account # Total Contract
Amount
$80,000 50500001.550010 $400,000
$20,000 51500001.550010 $100,000
$100,000 Total $500,000
Prepared By: Kori Jones, Administrative Analyst
Approved Forwarded to Council
Attachments:

A. Paul's Welding Oaks Form

5.E.a
Packet Pg. 172 Attachment: May 25, 2021 Staff Report (6409 : Mod 1 – CT 11159 – Welding Services) Contract No. 11159 (CCS)

CONTRACTUAL SERVICES AGREEMENT
This Contractual Services Agreement (“Contract”), entered into as of _________________(“Execution Date”), by and between the CITY OF SANTA MONICA, a municipal corporation (“City”), and Paul Padilla dba Paul’s Welding (“Contractor”), is made with reference to the following:

RECITALS:

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

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

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

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

TERMS AND CONDITIONS

1. Term. This Agreement begins on the Execution Date and terminates on June 30, 2026, unless sooner terminated in accordance with Section 14.

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

3. City Services. The City agrees to:

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

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

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

4. Compensation. The City will compensate Contractor for the Services performed in an amount not to exceed $500,000, based upon the hourly rates set forth in Exhibit B.

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

6. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, DocuSign Envelope ID: D1158312-9B80-43FA-A581-F68CADA2015B 6/29/2021

5.E.b
Packet Pg. 173 Attachment: Paul's Welding Original Contract - CT #11159 (CCS) (6409 : Mod 1 – CT 11159 – Welding Services) by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:

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

City of Santa Monica
Water Resources Division
2500 Michigan Ave, Bldg 1
Santa Monica, California 90401
Attention: Thomas Poon
Re: Contract No. 11159 (CCS)
with a copy to:

Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 11159 (CCS)

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

Paul’s Welding
2801 Ocean Park Blvd #340
Santa Monica, CA 90405
Attention: Paul Padilla
[email protected]
Re: Contract No. 11159 (CCS)

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

Neither the City nor its officers or employees will have any control over the conduct of Contractor or any of Contractor’s agents, employees, or subconsultants, except as otherwise provided in this Agreement.

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

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

9. Insurance. Prior to commencing work, Contractor must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by Contractor or Contractor’s agents, representatives, employees or subconsultants for the duration of DocuSign Envelope ID: D1158312-9B80-43FA-A581-F68CADA2015B

5.E.b
Packet Pg. 174 Attachment: Paul's Welding Original Contract - CT #11159 (CCS) (6409 : Mod 1 – CT 11159 – Welding Services) this Agreement. Contractor must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.

10. Defense and Indemnification.

10.1 Contractor agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the act, errors, and/or omissions of Contractor, or Contractor’s employees, agents, officers, and subconsultants. Contractor’s responsibilities under this Section

10.1 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of Contractor, its employees, agents or officers, or subconsultants; provided, however, that Contractor’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City.

Notwithstanding Contractor’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from Contractor, if City chooses to do so.

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

11. Prohibition Against Transfers.

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

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

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

DocuSign Envelope ID: D1158312-9B80-43FA-A581-F68CADA2015B

5.E.b
Packet Pg. 175 Attachment: Paul's Welding Original Contract - CT #11159 (CCS) (6409 : Mod 1 – CT 11159 – Welding Services)

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

14. Default and Termination.

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

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

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

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

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

18. Records.

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

18.2 Contractor must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles.

Contractor must clearly identify all records and make them readily accessible to the City. At the City’s request, Contractor must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.

18.3 Contractor must allow the City to have free access to Contractor’s books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit Contractor’s records, and Contractor agrees to cooperate with any examination DocuSign Envelope ID: D1158312-9B80-43FA-A581-F68CADA2015B

5.E.b
Packet Pg. 176 Attachment: Paul's Welding Original Contract - CT #11159 (CCS) (6409 : Mod 1 – CT 11159 – Welding Services) or audit of its records. If a City audit discloses an error of 5% or more in information reported by Contractor, Contractor agrees to pay the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.

19. Work Product; Reports.

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

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

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

21. Subconsultants.

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

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

This agreement is consistent with all terms and conditions of the Agreement No. 11159 (CCS) entered into between the
City of Santa Monica and Contractor
on^^____________________.

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

23. Venue and Jurisdiction. The City and Contractor agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party DocuSign Envelope ID: D1158312-9B80-43FA-A581-F68CADA2015B 6/29/2021

5.E.b
Packet Pg. 177 Attachment: Paul's Welding Original Contract - CT #11159 (CCS) (6409 : Mod 1 – CT 11159 – Welding Services) expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.

24. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.

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

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

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
ABC Corporation
#VENDOR
By: ________________________________
DocuSign Envelope ID: D1158312-9B80-43FA-A581-F68CADA2015B Interim City Attorney
6/25/2021
George S. Cardona
Paul's Welding
Owner
Paul Padilla
6/25/2021
Interim City Manager
6/29/2021
John Jalili
City Clerk
Denise Anderson-Warren
6/30/2021

5.E.b
Packet Pg. 178 Attachment: Paul's Welding Original Contract - CT #11159 (CCS) (6409 : Mod 1 – CT 11159 – Welding Services) Exhibit A
Scope of Services

1. GENERAL. Paul’s Welding shall provide welding and metal fabrication services only as needed and upon request by the City as required by the Water Resources and Wastewater Divisions. Work shall primarily include welding and fabrication of storm drain, maintenance hole, vault and water meter covers, frames, bypass brackets and stands, trench plates, tools, vehicle equipment and other water/wastewater system piping and equipment. Unless otherwise specified, welding shall be completed at Paul’s Welding’s location and completed products shall be delivered to the Water Resources Division at 2500 Michigan Avenue, Santa Monica, CA 90404 or other locations as mutually agreed upon by the City and Paul’s Welding. Parking shall be provided by the City at Water/Wastewater facilities. Scopes of work, work schedules and work locations shall be approved in advance with Water Resources/Wastewater staff. Any work not satisfactorily completed as specified shall be rectified in a timely fashion by Paul’s Welding at no additional cost to the City. Paul’s Welding commits to providing 24/7 services with a response time of one hour for emergency calls after notification to 310- 428-5366. Paul’s Welding shall notify the City of any change to this callback number.

2. CONTRACTORS LICENSE / REGISTRATION WITH THE STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS. Paul’s Welding shall maintain a valid California State Contractors License (currently a Welding “C60” license) during the term of this agreement. Paul’s Welding shall maintain a valid registration as a Public Works contractor on the Department of Industrial Relations website: http://www.dir.ca.gov/Public-Works/PublicWorks.html during the term of this agreement.

3. PREVAILING WAGE / CERTIFIED PAYROLL RECORDS. Certified payroll records for all work completed under this agreement shall be submitted per the following:
1) Electronically via the State Department of Industrial Relations’ online Certified Payroll Reporting system;
2) Via hardcopy to the City’s prevailing wage monitoring contractor, currently:

Gafcon, Inc.

Attn: Lizette Santillan
600 Wilshire Blvd., Suite 950
Los Angeles, CA 90017
3) If requested, to Water Resources/Wastewater Division staff.

DocuSign Envelope ID: D1158312-9B80-43FA-A581-F68CADA2015B

5.E.b
Packet Pg. 179 Attachment: Paul's Welding Original Contract - CT #11159 (CCS) (6409 : Mod 1 – CT 11159 – Welding Services) Invoice payments will not be released by the City until certified payroll records have been submitted. The City shall notify Paul’s Welding of any changes to the contact information for the City’s prevailing wage contractor. Paul’s Welding shall notify the City in writing prior to beginning work if job classifications other than Operating Engineer Group 6 - Welder will be used for any work under this agreement. Paul’s Welding shall observe all applicable California Labor Code regulations pertaining to prevailing wage projects (e.g. posting of prevailing wage project notices at job site, usage of apprentices, work hours limited to 8 hours per weekday before overtime must be paid, etc.) including Sections 1771, 1774-1776, 1777.5, 1813 and 1815.

4. INVOICES. Invoices shall include:
 Date(s) of welding work;
 Description and location(s) of the welding completed;  Itemized list of prevailing wage work hours completed to include prevailing wage job classification(s), date(s) of work, hours worked per day, overtime hours worked per day (if applicable) and billable rates in order for the City to compare to certified payroll records. Pricing shall include certified payroll record submittals and vehicle/transportation costs at no extra charge to the City.  Billable materials such as metal and equipment rentals such as lifts, if the City does not provide as noted below;
 Shipping/handling/delivery charges, if applicable; and  Taxes, if applicable.

5. WASTE MATERIALS DISPOSAL. Paul’s Welding shall remove any trash and waste materials generated by work performed unless otherwise specified by Water Resources / Wastewater staff. Materials shall be disposed of properly in compliance with all Federal, State and local regulations.

DocuSign Envelope ID: D1158312-9B80-43FA-A581-F68CADA2015B

5.E.b
Packet Pg. 180 Attachment: Paul's Welding Original Contract - CT #11159 (CCS) (6409 : Mod 1 – CT 11159 – Welding Services) Exhibit B
Budget
Pricing
Item / Service Year 1 Year 2 Year 3 Year 4 Year 5+
Services
Hourly Labor Rate –
welding services
$70.00* $70.00* $70.00* $70.00* $70.00*
Hourly Labor Rate –
overtime / after hours /
Saturdays#
$105.00* $105.00* $105.00* $105.00* $105.00*
Hourly Labor Rate –
Sundays / holidays
$105.00* $105.00* $105.00* $105.00* $105.00*
Materials / Equipment
Miscellaneous materials /
equipment
Materials/equipment/rentals to be provided at cost.
*Billable hourly rates shall be set at prevailing wage rates as determined by the State of California Department of Industrial Relations for the “Operating Engineer Group 6 / Welder – General” job classification for Southern California for straight-time total hourly rate, overtime/after-hours/Saturday (1-1/2X) hourly rates and Sunday / holiday work.
#Overtime / after hours labor rate is effective for work completed above 8 hours per day Monday through Friday or after 5:30 p.m. and Saturday hours worked under 12 hours.

Work above 12 hours on Saturdays shall be compensated at the Sundays / holidays rate.

Minimum call out charge: $280.00.

Payment Terms: Net 30.

DocuSign Envelope ID: D1158312-9B80-43FA-A581-F68CADA2015B

5.E.b
Packet Pg. 181 Attachment: Paul's Welding Original Contract - CT #11159 (CCS) (6409 : Mod 1 – CT 11159 – Welding Services) Exhibit C
Insurance Requirements
Contractual Services Agreement Insurance Requirements and Verifications Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

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

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

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

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

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

Other Insurance Provisions

1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status (CGL): The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as Insurance Services Office Form CG 20 10 11 85.

DocuSign Envelope ID: D1158312-9B80-43FA-A581-F68CADA2015B

5.E.b
Packet Pg. 182 Attachment: Paul's Welding Original Contract - CT #11159 (CCS) (6409 : Mod 1 – CT 11159 – Welding Services) Exhibit C
Insurance Requirements
Contractual Services Agreement Insurance Requirements and Verifications Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

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

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

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

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

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

Other Insurance Provisions

1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status (CGL): The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as Insurance Services Office Form CG 20 10 11 85.

DocuSign Envelope ID: D1158312-9B80-43FA-A581-F68CADA2015B

5.E.b
Packet Pg. 183 Attachment: Paul's Welding Original Contract - CT #11159 (CCS) (6409 : Mod 1 – CT 11159 – Welding Services)

CITY OF SANTA MONICA

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

Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-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 #
Paul Padilla Owner/Operator
07/24/2023
[email protected] (310)428-5366
CT 11159 (CCS)
Paul Padilla dba Paul's Welding
Paul Padilla
Paul Padilla

5.E.c
Packet Pg. 184 Attachment: Oaks Initiative - Paul's Welding (6409 : Mod 1 – CT 11159 – Welding Services)

5.E.d
Packet Pg. 185 Attachment: Levine Act Disclosure Form - Paul's Welding (6409 : Mod 1 – CT 11159 – Welding Services)

5.E.d
Packet Pg. 186 Attachment: Levine Act Disclosure Form - Paul's Welding (6409 : Mod 1 – CT 11159 – Welding Services) City Council
Report
City Council Meeting: June 25, 2024
Agenda Item: 5.F
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Approval of First Modification to Agreement with Herc Rentals Inc. for Temporary Water and Wastewater Pump Rental
Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute a first modification to Agreement #11179 (CCS) in an amount not to exceed $150,000 with Herc Rentals, Inc. for temporary water and wastewater pump rental. This will result in a five-year amended agreement with a new total amount not to exceed $450,000, with future year funding contingent on Council budget approval; and

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

Summary
The Santa Monica Water Resources Division of the Public Works Department operates and maintains the Moss Avenue Pump Station (MAPS), which is a critical wastewater conveyance component that pumps wastewater to the City of Los Angeles’ Hyperion Water Reclamation Plant for final treatment and disposal, and the Pico-Kenter Pump Station that diverts dry weather urban runoff to the Santa Monica Urban Runoff Recycling Facility (SMURRF). Temporary pumps and pumping systems are required to maintain uninterrupted operations at MAPS and Pico-Kenter outfall during routine pump maintenance activities and are also required in the event any of the pumps fail. Staff recommends increasing the current Agreement #11179 (CCS) by an amount not to exceed $150,000, for a new five-year total not to exceed $450,000, for temporary pump services.

5.F
Packet Pg. 187
2 of 4
Discussion
MAPS and the Pico-Kenter Pump Station are vital facilities to the City’s wastewater and stormwater collection infrastructure. Having access to temporary pumps is critical in the event any of the pumps fail or to carry out routine maintenance activities at MAPS.

Pump failures at MAPS could result in sanitary sewer overflows at the Pier area, that could result in heavy fines from regulatory agencies, property damage, and financial loss to the City. In 2023, the MAPS experienced two major failures and relied on temporary pumping systems to ensure continual and uninterrupted conveyance of wastewater to the Hyperion Water Reclamation Plant. The failures at MAPS are attributed to the age of the facility and pumps that have been in operation for over 20 years. A new pump was ordered to replace the pump that failed during one of the failure events, but due to supply chain issues and the long shipping lead time from the manufacturer, rental of the temporary pumping system was longer than anticipated to maintain reliability at MAPS. The additional contract authority is to cover the longer than anticipated rental period.

On January 4, 2021 Request for Bids #4408 was issued. 9 vendors downloaded the bid and Herc Rentals Inc. provided the sole response. On July 27, 2021, Council awarded an agreement to Herc Rentals, Inc. for rental of temporary water and wastewater pumps. Additional funding is needed due to the longer than anticipated rental of a temporary pump due to the delay caused by supply chain issues of the replacement pumps.

Environmental Review
The contract for temporary pump systems is Categorically Exempt from CEQA pursuant to Section 15301 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. The temporary pump systems would not result in any modifications to the existing MAPs and Pico-Kenter outfall and would not expand or

5.F
Packet Pg. 188
3 of 4
materially change existing. Therefore, this is categorically exempt as set forth in Section 15301 of the CEQA Guidelines.

Past Council Actions
Meeting Date Description
07/27/2021
(Attachment A)
Original bid and award of agreement with Herc Rentals Inc. for temporary pump rentals.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Wastewater Fund to increase the amount of Agreement #11179 (CCS) with Herc Rentals, Inc. for temporary pump rental.

Agreement Modification Request
Agreement
#
Current
Authorized
Amount
FY 2023-24
Modified
Request
Amount Department Account #
Total
Contract
Amount
11179
(CCS)
$300,000 $150,000 51500001.529420 $450,000
Future year funding is contingent on Council budget approval.

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

A. Staff Report - July 27, 2021
B. CT #11179 (CCS) - Herc Rental, Inc. (Original Agreement)

5.F
Packet Pg. 189
4 of 4
C. Levine Act Disclosure Form - Herc
D. Oaks Initiative - Herc

5.F
Packet Pg. 190
City Council
Report
City Council Meeting: July 27, 2021
Agenda Item: 3.E
1 of 3
To: Mayor and City Council
From: Rick Valte, Acting Public Works Director, Public Works, Water Resources Subject: Award Bid #4408 and enter into Agreement with Herc Rentals Inc. for Temporary Pump Rental
Recommended Action
Staff recommends that the City Council:

1. Award Bid #4408 to Herc Rentals Inc. for rental of temporary water and wastewater pumps and related parts for the Public Works Department; and

2. Authorize the City Manager to negotiate and execute a contractual services agreement with Herc Rentals Inc, in an amount not to exceed $300,000 over five years, with an increase of no more than 2% each year, with future year funding contingent on Council budget approval.

Summary
The City of Santa Monica Water Resources Division operates and maintains the Moss Avenue Pump Station (MAPS) and the Pico-Kenter Pump Station which assist with conveyance of sewage to the Hyperion Water Reclamation Plant and diversion of urban runoff to the Santa Monica Urban Runoff Recycling Facility (SMURRF), respectively.

Temporary pumps are required to maintain the pumping capacity at MAPS during routine pump maintenance activities and are also required as backup in the event any of the pumps fail at the Pico-Kenter station. Staff recommends Herc Rentals Inc. to provide rental wastewater pumps for a total amount not to exceed $300,000 over a fiveyear period.

Discussion
MAPS and Pico-Kenter Pump Station are vital facilities to the City’s wastewater and storm drain infrastructure. MAPS conveys an average of 5 million gallons of sewage per day to Hyperion Water Reclamation Plant for treatment and Pico-Kenter Pump Station diverts an average of 100,000 gallons of urban runoff per day to SMURRF for treatment and production of reclaimed water. Having access to temporary pumps is critical in the

5.F.a
Packet Pg. 191 Attachment: Staff Report - July 27, 2021 (6427 : Mod 1 - CT 11179 - Temporary Pump Rental) 2 of 3
event any of the pumps fail at either facility or to carry out routine maintenance activities at MAPS. Temporary pumps are also used when scheduled groundwater well maintenance occurs as there is an influx of extra water from well flushing which the Pico-Kenter Pump Station cannot accommodate. 100% of the costs associated with the MAPS operations are reimbursed by the City of Los Angeles per an existing maintenance agreement.

In January 2021, the City’s Water Resources Division issued Request for Bids #4408 and Herc Rentals Inc. provided the sole response. Based on expected annual rentals, Water Resources seeks to establish a contractual services agreement in an amount not to exceed $300,000 over a five-year period.

Vendor Selection
Best and Only Bidder Herc Rentals Inc
Submittals Received Selection Criteria
Bidder $300,000 Municipal Code SMMC 2.24.180
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; experience and efficiency of the bidder. The City shall have absolute discretion in determining the applicability and weight of the criteria listed above.

Bid Data
Date Posted Posted On
Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
01/04/2021 City's Online
Bidding Site Santa Monica Daily Press 9 01/25/2021
Additional Vendor Outreach & Justification to Award
Procurement conducted additional outreach to vendors who downloaded the bid to see why they did not submit a bid. Southwest Binding & Laminating submitted a No Bid citing they do not offer the products or services sought. Xcel Mechanical Systems submitted a No Bid citing they were not interested in bidding at this time. Herc Rental Inc is recommended as the best bidder based on price, the capacity and skill of the bidder to perform the service, and the ability to provide the service promptly. Based on these criteria, Herc Rentals Inc is recommended as the best bidder.

5.F.a
Packet Pg. 192 Attachment: Staff Report - July 27, 2021 (6427 : Mod 1 - CT 11179 - Temporary Pump Rental) 3 of 3
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Wastewater Fund to award a purchase order to Herc Rental Inc for temporary wastewater pump rental.

Contract
FY 2021-22
Budget
Request Amount
Department Account # Total Contract
Amount
$30,000 51500001.529420 $150,000
$30,000 51500001.529450 $150,000
Total $300,000
Prepared By: Thomas Poon, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. Oaks Initiative - Herc Rentals Inc

5.F.a
Packet Pg. 193 Attachment: Staff Report - July 27, 2021 (6427 : Mod 1 - CT 11179 - Temporary Pump Rental) Contract No. 11179 (CCS)

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

RECITALS:

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

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

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

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

TERMS AND CONDITIONS

1. Term. This Agreement begins on the Execution Date and terminates on June 30, 2026, unless sooner terminated in accordance with Section 14.

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

3. City Services. The City agrees to:

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

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

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

4. Compensation. The City will compensate CONTRACTOR for the Services performed in an amount not to exceed THREE HUNDRED THOUSAND ($300,000), as set forth in Exhibit B.

DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585 11/10/2021

5.F.b
Packet Pg. 194 Attachment: CT #11179 (CCS) - Herc Rental, Inc. (Original Agreement) (6427 : Mod 1 - CT 11179 - Temporary Pump Rental)

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

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

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

Water Resources Division
City of Santa Monica
2500 Michigan Ave, Bldg 1
Santa Monica, California 90404
Attention: Thomas Poon
Re: Contract No. 11179 (CCS)
with a copy to:

Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 11179 (CCS)

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

Herc Rentals Inc.
27500 Riverview Center Blvd
Bonita Springs, FL 34134
Attention: Richard Shugg
Re: Contract No. 11179 (CCS)

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

Neither the City nor its officers or employees will have any control over the conduct of CONTRACTOR or any of CONTRACTOR’s agents, employees, or subcontractors, except as otherwise provided in this Agreement.

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

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

DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585

5.F.b
Packet Pg. 195 Attachment: CT #11179 (CCS) - Herc Rental, Inc. (Original Agreement) (6427 : Mod 1 - CT 11179 - Temporary Pump Rental)

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

10. Defense and Indemnification.

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

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

11. Prohibition Against Transfers.

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

11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONTRACTOR or of any general partner or joint venturer or syndicate member of CONTRACTOR, if a partnership or joint DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585

5.F.b
Packet Pg. 196 Attachment: CT #11179 (CCS) - Herc Rental, Inc. (Original Agreement) (6427 : Mod 1 - CT 11179 - Temporary Pump Rental) venture or syndicate exists, which results in changing the control of CONTRACTOR, will be construed as an assignment of this Agreement.

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

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

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

14. Default and Termination.

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

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

15. Compliance with Law. CONTRACTOR must comply with all laws of the State of California and the United States, and all ordinances, rules and regulations enacted or issued by City including, but not limited to, Articles 2 and 3, Division 2, Part 7, Chapter 1 of the Labor Code, State of California related to prevailing wage, apprentices, penalties and certified payroll.

16. Registration with the Department of Industrial Relations; Compliance Monitoring.

16.1No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

16.2No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

16.3This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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

DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585

5.F.b
Packet Pg. 197 Attachment: CT #11179 (CCS) - Herc Rental, Inc. (Original Agreement) (6427 : Mod 1 - CT 11179 - Temporary Pump Rental)

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

19. Records.

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

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

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

20. Work Product; Reports.

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

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

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

DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585

5.F.b
Packet Pg. 198 Attachment: CT #11179 (CCS) - Herc Rental, Inc. (Original Agreement) (6427 : Mod 1 - CT 11179 - Temporary Pump Rental)

22. Subcontractors.

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

22.2 CONTRACTOR will be responsible for the quality of any subcontractor’s work.

Every subcontract or agreement of any kind entered into between CONTRACTOR and any subcontractor (or between any subcontractor and others) must contain the following provision:

This agreement is consistent with all terms and conditions of the Agreement No. 11179 (CCS) entered into between the City of Santa Monica and CONTRACTOR
on^^____________________.

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

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

25. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.

DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585 11/10/2021

5.F.b
Packet Pg. 199 Attachment: CT #11179 (CCS) - Herc Rental, Inc. (Original Agreement) (6427 : Mod 1 - CT 11179 - Temporary Pump Rental)

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

Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements

27. Counterparts. This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document. Counterparts hereof that are transmitted by facsimile or electronic transmission shall be given identical legal effect as an original.

In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
CONTRACTOR Corporation
#VENDOR
By: ________________________________
DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585 Interim City Attorney
Joseph Lawrence
11/9/2021
Jason Oosterbeek
Vice President
Herc Rentals Inc.
11/10/2021
11/10/2021
David White
City Manager
City Clerk
Denise Anderson-Warren
11/11/2021

5.F.b
Packet Pg. 200 Attachment: CT #11179 (CCS) - Herc Rental, Inc. (Original Agreement) (6427 : Mod 1 - CT 11179 - Temporary Pump Rental) Exhibit A
Scope of Services
Water and wastewater pump rental
Contractor shall deliver and install temporary water and wastewater pumps, flow meters, and related parts at the Moss Avenue Pump Station (MAPS) and the Pico‐Kenter Pump Station.

Moss Avenue Pump Station
The Moss Avenue Pump Station (MAPS) is located at 1625 Appian Way, Santa Monica, CA 90401. The contractor shall furnish, deliver, install, and remove upon request, a temporary sewage bypass pumping system at MAPS. The accessible area to install the temporary pumping is approximately 4’ x4’. The temporary pump shall be submersed approximately 25 feet into the MAPS wet well and allow for a maximum surcharge level of 8 feet from wet well floor. The temporary pump shall have capacity to constantly pump 3,000 gallons per minute. In the past, the City has utilized a Flygt pump, Model NS3202, which is a 60 HP, 8‐inch electric submersible sewage pump. Pricing for installation of pump shall include all fittings, adapters, and electrical cabling required to finalize the project. Crane lift from street side is required for installation of temporary pump. Traffic control measures must be used to guide vehicle and pedestrian traffic in and around work site.

Pico‐Kenter Pump Station
The Pico‐Kenter Pump Station is a storm drain diversion that pumps dry‐weather urban runoff from the Pico‐Kenter storm drain to the Santa Monica Urban Runoff Recycling Facility (SMURRF), and is located at the end of the beach near 1 Pico Blvd., Santa Monica, CA 90401. The contractor shall provide a temporary pump, flow meter, and associated piping and valves to convey dry‐weather urban runoff from a wet well at the pump station to a sanitary sewer manhole approximately 150 feet away. Piping shall intersect the Ocean Front Walk pathway and discharge into the sanitary sewer manhole. The pump shall have the capacity of pumping a minimum of 800 gallons per minute (gpm). Contractor must submit traffic mitigation plan to City staff for approval. The contractor shall furnish a generator to operate the temporary pump.

Traffic‐rated ramp/pipe cover
The Pico‐Kenter temporary pump installation area is adjacent to Ocean Front Walk, an area frequented by pedestrian, bicycle, and some vehicular traffic. Contractor shall be responsible to install traffic‐rated pipe cover/ramp on areas within public right‐of‐way. Additional barricades and signage shall a be installed to direct traffic. Traffic ramp shall have a continuous smooth surface to help prevent wheels from vehicles, such as bicycles and scooters, from being lodged into the ramp. All traffic management equipment and signage must be approved by Water Resources staff prior to installation.

Other vendor requirements
Contractor is responsible for furnishing, delivering, installation, and removal of temporary pumps. These services shall be included in pricing.

Contract shall use appropriate safety measures and equipment necessary to complete tasks. Contractor shall provide adequate delineation of project area to guide pedestrian and/or vehicular traffic around site.

Response times
The contractor shall provide emergency turnaround time of 8 hours. The contractor shall provide nonemergency turnaround time of 48 hours.

DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585

5.F.b
Packet Pg. 201 Attachment: CT #11179 (CCS) - Herc Rental, Inc. (Original Agreement) (6427 : Mod 1 - CT 11179 - Temporary Pump Rental) Exhibit B
Budget
Contract Total NTE: $300,000 over 5 years
MAPS Rental and Installation
Description UOM Rate Comment
Delivery and Installation of temporary pump
and all components at MAPS
lump sum $2,449.00
Removal of temporary pump and all
components at MAPS
lump sum $1,417.00
Wastewater pump power generated VFD
control, 3000 gpm or greater (Flygt Model
NS3202 or equivalent) if different specify
model in comments
hourly $244.00 Minimum 4
hours.

Wastewater pump power generated VFD
control, 3000 gpm or greater (Flygt Model
NS3202 or equivalent) if different specify
model in comments
weekly $4,938.00
Wastewater pump power generated VFD
control, 3000 gpm or greater (Flygt Model
NS3202 or equivalent) if different specify
model in comments
monthly $12,242.00
Pico Kenter Pump Station Rental and Installation
Description UOM Rate Comment
Delivery and Installation of temporary pump
and all components at Pico Kenter
lump sum $3,481.00
Removal of temporary pump and all
components at Pico Kenter
lump sum $2,126.00
Water pump with generator, min 800 gpm, if
different specify model in comments
hourly $106.00
Water pump with generator, min 800 gpm, if
different specify model in comments
weekly $1,970.00
Water pump with generator, min 800 gpm, if
different specify model in comments
monthly $5,912.00
Discharge flex hose cam coupling 4x50 hourly $3.00
Discharge flex hose cam coupling 4x50 weekly $60.00
Discharge flex hose cam coupling 4x50 monthly $180.00
Flow meter hourly $2.00
Flow meter weekly $68.00
Flow meter monthly $198.00
Pipe 90 deg elbow 4in hourly $1.00
DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585

5.F.b
Packet Pg. 202 Attachment: CT #11179 (CCS) - Herc Rental, Inc. (Original Agreement) (6427 : Mod 1 - CT 11179 - Temporary Pump Rental) Pipe 90 deg elbow 4in weekly $12.00
Pipe 90 deg elbow 4in monthly $36.00
Pipe adapter 4in Victaulic x m npt hourly $1.00
Pipe adapter 4in Victaulic x m npt weekly $6.00
Pipe adapter 4in Victaulic x m npt monthly $18.00
Rubber Suction Hose Cam Coupling 4x10 hourly $2.00 Minimum 4 hours.

Rubber Suction Hose Cam Coupling 4x10 weekly $36.00
Rubber Suction Hose Cam Coupling 4x10 monthly $108.00
Suction Hose Cam Coupling hourly $3.00 Minimum 4
hours.

Suction Hose Cam Coupling weekly $60.00
Suction Hose Cam Coupling monthly $180.00
Victaulic pipe clamp 4 hourly $1.00 Minimum 4
hours.

Victaulic pipe clamp 4 weekly $4.00
Victaulic pipe clamp 4 monthly $10.00
Pcs of alum pipe 4x10 victualic hourly $1.00 Minimum 4
hours.

Pcs of alum pipe 4x10 victualic weekly $6.00
Pcs of alum pipe 4x10 victualic monthly $18.00
Pcs of alum pipe 4x2 victualic hourly $1.00 Minimum 4
hours.

Pcs of alum pipe 4x2 victualic weekly $6.00
Pcs of alum pipe 4x2 victualic monthly $18.00
Pcs of alum pipe 4x3 victualic hourly $1.00 Minimum 4
hours.

Pcs of alum pipe 4x3 victualic weekly $6.00
Pcs of alum pipe 4x3 victualic monthly $18.00
Pcs of alum pipe 4x5 victualic hourly $1.00 Minimum 4
hours.

Pcs of alum pipe 4x5 victualic weekly $6.00
Pcs of alum pipe 4x5 victualic monthly $18.00
Water pump float switch single hourly $1.00 Minimum 4
hours.

Water pump float switch single weekly $16.00
Water pump float switch single monthly $46.00
Pedestrian Bridge and Traffic Management
Description UOM Rate Comment
Installation and removal of pedestrian bridge,
wayfinding signage
lump sum $1,032.00
Pedestrian barricade ADA org 72x38 hourly $2.00
DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585

5.F.b
Packet Pg. 203 Attachment: CT #11179 (CCS) - Herc Rental, Inc. (Original Agreement) (6427 : Mod 1 - CT 11179 - Temporary Pump Rental) Pedestrian barricade ADA org 72x38 weekly $30.00
Pedestrian barricade ADA org 72x38 monthly $90.00
Vehicle traffic-rated hose bridge (ramp to
cover exposed pipe in walkway)
hourly $25.00 Minimum 4
hours.

Vehicle traffic-rated hose bridge (ramp to
cover exposed pipe in walkway)
weekly $436.00
Vehicle traffic-rated hose bridge (ramp to
cover exposed pipe in walkway)
monthly $1,306.00
Annual increase not to exceed 2.5% annually for years 2-5 of contract.

DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585

5.F.b
Packet Pg. 204 Attachment: CT #11179 (CCS) - Herc Rental, Inc. (Original Agreement) (6427 : Mod 1 - CT 11179 - Temporary Pump Rental) 1 Exhibit C
Contractual Services Agreement Insurance Requirements
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

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

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

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

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

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

Other Insurance Provisions

1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585

5.F.b
Packet Pg. 205 Attachment: CT #11179 (CCS) - Herc Rental, Inc. (Original Agreement) (6427 : Mod 1 - CT 11179 - Temporary Pump Rental) 2 Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37). b. Primary Coverage: For any claims related to this Agreement, the Contractor’s insurance shall be primary coverage as least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Contractor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Contractor may acquire against the City of Santa Monica by virtue of payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.

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

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

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.

Verification of Coverage
Contractor shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585

5.F.b
Packet Pg. 206 Attachment: CT #11179 (CCS) - Herc Rental, Inc. (Original Agreement) (6427 : Mod 1 - CT 11179 - Temporary Pump Rental) 3 prior to the work beginning shall not waive the Contractor’s obligation to provide them.

The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.

Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Contractor resulting from said breach.

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

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

DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585

5.F.b
Packet Pg. 207 Attachment: CT #11179 (CCS) - Herc Rental, Inc. (Original Agreement) (6427 : Mod 1 - CT 11179 - Temporary Pump Rental) 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.

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.F.c
Packet Pg. 208 Attachment: Levine Act Disclosure Form - Herc (6427 : Mod 1 - CT 11179 - Temporary Pump Rental) 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.

N/A
05/13/2024
Jason Oosterbeek Vice President
Herc Rentals, Inc.

5.F.c
Packet Pg. 209 Attachment: Levine Act Disclosure Form - Herc (6427 : Mod 1 - CT 11179 - Temporary Pump Rental)

CITY OF SANTA MONICA

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

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #
Jason Oosterbeek VIce President
05/13/2024
[email protected] (239)301-1344
11179 (CCS)
Herc Rentals Inc.

None
See Attached List

5.F.d
Packet Pg. 210 Attachment: Oaks Initiative - Herc (6427 : Mod 1 - CT 11179 - Temporary Pump Rental)

5.F.d
Packet Pg. 211 Attachment: Oaks Initiative - Herc (6427 : Mod 1 - CT 11179 - Temporary Pump Rental)

5.F.d
Packet Pg. 212 Attachment: Oaks Initiative - Herc (6427 : Mod 1 - CT 11179 - Temporary Pump Rental) 1 May 28, 2024
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
MAY 28, 2024
A regular meeting of the Santa Monica City Council was called to order by Mayor Brock at 5:39 p.m., on Tuesday, May 28, 2024, at City Council Chambers, 1685 Main Street, Santa Monica, CA.

Roll Call: Present: Mayor Phil Brock
Mayor Pro Tem Lana Negrete
Councilmember Gleam Davis
Councilmember Oscar de la Torre
Councilmember Christine Parra
Councilmember Caroline Torosis`
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 5:39 p.m., with all members present. Councilmember Davis 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.

Mayor Brock stated that he would be recusing himself from Item 4.B. pursuant to the Levine Act.

GENERAL PUBLIC
INPUT:

Members of the public Yossi G0vrin, Sherwin Shamoeil, Templar Soto, Carolyn Robertson, Denise Barton, Jerry Rubin, Jason Roni, Sami Susu, Robbie Staenberg, Johnathan Foster, Jurgita Vanseviciute, and Brigita Slekys commented on various local issues.

5.G
Packet Pg. 213 Minutes Acceptance: Minutes of May 28, 2024 5:30 PM (CONSENT CALENDAR) 2 May 28, 2024

PUBLIC INPUT FOR

CLOSED SESSION,

SPECIAL AGENDA

ITEMS AND CONSENT
CALENDAR ONLY:

Members of the public Cory Lambe, Carolina Lizarraga, Jason Coggins, Jason Roni, Dr. Lizzy Moore, Carol Lemlein, Ann Bowman, John C.

Smith, Roger Genser, Neil Carrey, Marse Ryan, Antonio Ponce, Jim Harris, Daniel Myers, Greg Morena (time donated by Juana Miriam Lopez), Alex Brown, Juan Guitierrez, Lori Nafshun, Rad Nowroczi, Bea Nemlaha, Ali Bilal, Nancy Coleman, and Nick Rolston commented on closed session items.

No members of the public commented on special agenda items.

Members of the public Annie Wald, Kenna Stevens (time donated by Shaina Jacobs), Christen Madsen, Naomi Gage, Cassidy Krug, Lex Quarterman, Liz Dubelman, Grace Lansky, Claire Farnan, Nathalie Renard, Jonathan Tu, Tamara Melzer Levenson (Time donated by Daniel Carnahan), Rachel Lee Millena, Jee Won Kang, Josh Patel, Tori Curbelo, Jennifer Drieves, Mark Wald, Mila Sussman, and Claudia Ly commented on consent calendar items.

PROCLAMATIONS/

COMMENDATIONS/

SPECIAL AGENDA
ITEMS

3.A. 2024 LGBTQ+ Pride Proclamation, was presented.

3.B. Proclamation: Lung Cancer Action Week, was presented.

3.C. Commendation: Lunetta, was presented.

3.D. Commendation: Paul "Chico" Fernandez, was presented.

3.E. City Manager Report: Reparations & Restorative Justice, was presented.

CLOSED SESSIONS
(Mayor Brock left the meeting
at 9:43 p.m.)
On order of the Mayor, the City Council recessed at 8:53 p.m., to consider closed sessions and returned at 11:00 p.m., with all members present, to report the following:

4.A. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): Pico Neighborhood Association and Maria Loya v. City of Santa Monica, L.A.S.C. Case No. BC 616804; 2nd DCA Case No.

B295935
The City Attorney advised this matter was heard with no reportable action taken.

4.B. Conference with real estate negotiator - Gov. Code §54956.8; property: 256 Santa Monica Pier, Santa Monica, California; City negotiators: Jennifer Taylor, Economic Development Manager, and Elana Buegoff, Pier and Beach Administrator; owner of record: City

5.G
Packet Pg. 214 Minutes Acceptance: Minutes of May 28, 2024 5:30 PM (CONSENT CALENDAR) 3 May 28, 2024
of Santa Monica; persons to be negotiated with: Hospitality Industry Management Group, LLC, D.B.A. Rusty’s Surf Ranch, and Greg Morena; under negotiation: price and terms of payment
The City Attorney advised this matter was heard with no reportable action taken.

4.C. Conference with legal counsel - significant exposure to litigation - Gov. Code §54956.9(d)(2),(e)(5): one case - leasehold interest for Rusty’s Surf Ranch
This item was withdrawn at the request of staff.

4.D. Conference with real estate negotiator - Gov. Code §54956.8:
property: 1855 Main Street (Civic Auditorium) (APN 4290-013-901); City negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Economic Development Administrator; owner of record: City of Santa Monica; persons to be negotiated with: Russell Geyser and Tim Sexton, Revitalization Partner Group, LLC; under negotiation: price and terms of payment
The City Attorney advised this matter was heard with no reportable action taken.

4.E. Conference with real estate negotiator - Gov. Code §54956.8:
property: 1855 Main Street (Civic Auditorium) (APN 4290-013-901); City negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Economic Development Administrator; owner of record: City of Santa Monica; persons to be negotiated with: Tommy Ginoza, Sugar Monkey Live; under negotiation: price and terms of payment - Item pulled and will not be heard 5/25/2024
This item was withdrawn at the request of staff.

4.F. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): Anna Marie Onaindia v. City of Santa Monica; LASC Case No. 21STCV30384
The City Attorney advised this matter was heard with no reportable action taken.

4.G. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): In re Bird Global, Inc., et al.; U.S. Bankr. Ct., SD Fla.

Case No. 23-20514 (CLC)

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Packet Pg. 215 Minutes Acceptance: Minutes of May 28, 2024 5:30 PM (CONSENT CALENDAR) 4 May 28, 2024
The City Attorney advised this matter was heard with no reportable action taken.

4.H. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): Byron Merlos, et al. v. City of Santa Monica, et al.; LASC Case No. 21STCV07334 [report out only]
The City Attorney advised that this item was heard at the April 23, 2024 Council meeting and approved for settlement in the amount of $333,333.00 by a vote of 5-0 with Councilmembers de la Torre and Davis absent from the meeting.

AGENDA

MANAGEMENT
Motion by Councilmember David, seconded by Councilmember Torosis to continue the meeting past 11 o’clock. The motion was unanimously approved will all members present.

Motion by Mayor Pro Tem Negrete, seconded by Councilmember Parra to continue Items 16.B.-E. to the June 11, 2024 Council meeting. The motion was unanimously approved will all members present.

REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.

CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.

At the request of Councilmember Parra, Item 5.E. was removed from the Consent Calendar.

Motion by Mayor Pro Tem Negrete, seconded by Councilmember Torosis, to approve the Consent Calendar except for Item 5.E, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

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

AIRPORT MECHANICAL

EQUIPMENT

REPLACEMENT

PROJECT

5.A. Award Contract No. 11583 (CCS) with ACCO Engineered Systems, Inc. for the Airport Mechanical Equipment Replacement Project, and Contract No. 11584 (CCS) With Same Contractor, ACCO Engineered Systems, Inc., for Citywide On-Call Mechanical Equipment Services, was approved.

Recommended Action

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Packet Pg. 216 Minutes Acceptance: Minutes of May 28, 2024 5:30 PM (CONSENT CALENDAR) 5 May 28, 2024
Staff recommends that the City Council:

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

2. Award Bid # SP2694 to ACCO Engineered Systems, Inc., for Airport Mechanical Equipment Replacement and Additive Alternative Bid for Citywide On-Call Mechanical Equipment Services for the Public Works Department;

3. Authorize the City Manager to negotiate and execute Contract No. 11583 (CCS) with ACCO Engineered Systems, Inc., in an amount not to exceed $1,993,090 (including a 10% contingency in the amount of $181,190) for Airport Mechanical Equipment
Replacement;

4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority for Airport Mechanical Equipment Replacement;

5. Authorize the City Manager to negotiate and execute Agreement No. 11584 (CCS) with ACCO Engineered Systems, Inc., in an amount not to exceed $5,000,000 for three years, with one-additional oneyear renewal option in the amount of $1,500,000, on the same terms and conditions for a total amount not to exceed $6,500,000 over a four-year period, for citywide as-needed mechanical systems repairs and/or replacements, with future year funding contingent on Council budget approval; and

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

RENEWABLE GAS

PURCHASE

5.B. Award Request For Proposal to Maas Energy For the Purchase of Renewable Natural Gas to Offset the Use of Regular Natural Gas, was approved.

Recommended Action
Staff recommends that the City Council:

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

2. Award RFP #396 to Maas Energy for the procurement and supply of renewable natural gas to offset the current use of natural gas, and the management of low carbon fuel standard for the Public Works Department; and

3. Authorize the City Manager to negotiate and execute Agreement No. 11585 (CCS) with Maas Energy at no cost to the City for five-years.

LINCOLN BLVD

NEIGHBORHOOD

CORRIDOR STREET

5.C. Award Construction Contract No. 11586 (CCS) to Elecnor Belco Electric, Inc. for Lincoln Boulevard Neighborhood Corridor (LiNC) Street Improvements Project (Phase 1 - Street and Pedestrian Lighting), was approved.

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Packet Pg. 217 Minutes Acceptance: Minutes of May 28, 2024 5:30 PM (CONSENT CALENDAR) 6 May 28, 2024

IMPROVEMENTS
PROJECT Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301, Section 15303, and Section 15311 of the California Environmental Quality Act (CEQA) Guidelines and Section 21080.25 of CEQA;

2. Award Bid #SP2331 to Elecnor Belco Electric Inc., for the construction of Lincoln Boulevard Neighborhood Corridor (LiNC) Street Improvements Project (Phase 1 - Street and Pedestrian Lighting) for the Public Works Department;

3. Authorize the City Manager to negotiate and execute Construction Contract No. 11586 (CCS) with Elecnor Belco Electric Inc, in an amount not to exceed $5,885,932 (including a $15% contingency); and

4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority. 1717 19TH STREET

PUBLIC RIGHT-OF-WAY

5.D. Adoption of Resolution No. 11588 (CCS) to Quitclaim and Vacate Public Right-of-Way on 1717 19th Street Parcel, was adopted.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 and Section 15305 of the California Environmental Quality Act (CEQA) Guidelines;

2. Adopt the attached Resolution declaring that the City owned remnant parcel (“Turnaround Area”) is not needed for any public purpose and allowing for the Turnaround Area to be quitclaimed and vacated completely; and

3. Authorize the City Manager to approve and execute a quitclaim deed with the owners of 1717 19th Street for a City owned remnant parcel at 1717 19th Street which was previously acquired as a vehicular turnaround area during construction of the I-10 Freeway.

POLICE DEPARTMENT

SCOOTERS

5.F. Authorize a Purchase Order for the Purchase of Westward Industries Ltd. GO-4 EV Scooters for the Police Department, was approved.

Recommended Action
Staff recommends that the City Council:

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

2. Authorize the Procurement Manager to issue a purchase order with TurfStar Western Inc. for the purchase of twenty-seven Westward Industries Ltd. GO-4 EV scooters for the Police Department. This

5.G
Packet Pg. 218 Minutes Acceptance: Minutes of May 28, 2024 5:30 PM (CONSENT CALENDAR) 7 May 28, 2024
recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(c) and is for a total amount not to exceed $1,306,000 with future year funding contingent on Council budget approval.

FLEET ASSET

MANAGEMENT SYSTEM

5.G. Approval of First Modification to Agreement No. 10801 (CCS) with AssetWorks, Inc. for Fleet Asset Management System Hosting, Maintenance, and Support, was approved.

Recommended Action
Staff recommends that the City Council:

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

2. Authorize the City Manager to negotiate and execute a first modification to Agreement No. 10801 (CCS) in the amount of $264,523 (including a 10% contingency) with AssetWorks, Inc. for systems implementation, training, hosting services, and software support and maintenance for a Fleet Asset Management System with Telematics Solution for the Public Works Department. This will result in a 10-year amended agreement with a new total amount not to exceed $1,590,075.00, with future year funding contingent on Council budget approval.

ACCELA CIVIC

PLATFORM

5.H. Approval of Second Modification to Agreement No. 11588 (CCS) with TruePoint Solutions, LLC for Accela Civic Platform Support, was approved.

Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute a second modification to Agreement No. 11588 (CCS), formerly Agreement NO. 4756, in the amount of $173,734 (including a 10% contingency) with TruePoint Solutions, LLC for Accela Civic Platform support for the Information Services Department. This will result in a 9-year amended agreement with a new total amount not to exceed $385,384, with future year funding contingent on Council budget approval.

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.

BICYCLIST AND

PEDESTRIAN

ORDINANCE

5.I. Second Reading and Adoption of Ordinance No. 2780 (CCS) of the City Council of the City of Santa Monica Adding Municipal Code Section 3.75 to Prohibit Harassment of Bicyclists and Pedestrians, was adopted.

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Packet Pg. 219 Minutes Acceptance: Minutes of May 28, 2024 5:30 PM (CONSENT CALENDAR) 8 May 28, 2024
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

SANTA MONICA

AMUSEMENT

5.E. Approval of License Agreement No. 11587 (CCS) with Santa Monica Amusement for 370 Santa Monica Pier, was approved.

Recommended Action
Staff recommends that City Council:

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

2. Authorize the City Manager to negotiate and execute License Agreement No. 11587 (CCS) with Santa Monica Amusement for 370 Santa Monica Pier per the Pier Leasing Guidelines.

Questions asked and answered of staff including what locations have been identified as alternatives for the trapeze school; how can the owner be assisted during this transition period; was the Santa Monica Pier Corp. kept informed during the RFP process; were they advised that this item was time sensitive; was there any conversation about retaining the business on the Pier while still expanding in other areas; could the parking deck be repurposed to allow the business to continue; would this need to go to the Coastal Commission, would this affect the pier bridge reconstruction; could staff be directed to provide relocation assistance to the business owner without a gap in service; is there any space at the airport that would be suitable; how long would it take to reestablish the school if it is relocated; how long would it take for the Coastal Commission to approve the move; to another area of the Pier; is the parking lot near the Ruskin Theater at the airport a possible relocation option; and can this proposal wait until the Pier Board can weigh in.

Direction to staff to proactively look for alternative locations for the trapeze school.

Motion by Mayor Pro Tem Negrete, seconded by Councilmember Torosis, to approve the item. The motion was approved by the following vote:

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

PUBLIC INPUT ON

REMAINING AGENDA
ITEMS:

Members of the public Denise Barton, Ruthann Lehrer, Paula Cizek, Caro Vilain, and Carol Lemlein commented on Item 7.A.

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Packet Pg. 220 Minutes Acceptance: Minutes of May 28, 2024 5:30 PM (CONSENT CALENDAR) 9 May 28, 2024
STUDY SESSION:
2024-26 BIENNIAL

CAPITAL

IMPROVEMENT

PROGRAM BUDGET

7.A. Fiscal Year 2024-25 Proposed Budget and Fiscal Year 2024-26 Biennial Capital Improvement Program Budget, was presented.

Recommended Action
Staff recommends that the City Council:

1. Review and provide direction to staff regarding the FY 2024-25 Proposed Operating Budget Adjustments (Attachment A) and FY 2024-26 Proposed Biennial Capital Improvement Program (CIP) Budget (Attachment B);

2. Direct staff to proceed with setting the FY 2024-25 Operating and FY 2024-26 Biennial Capital Improvement Program (CIP) Budget Adoption hearing on June 25, 2024;

3. Provide direction for staff to evaluate other funding mechanisms such as general obligation bonds to support the City’s capital improvement program in future budget cycles;

4. Review and provide direction to staff on establishing 23 new fees, which include fees for Emergency Medical Services (EMS), facility rentals and use, Certified Unified Program Agency (CUPA), film permits, materials for the Junior Lifeguard Program, grading review permit, and City planning; revising 36 fees, which include fees for CUPA, fire permits, airport, landscape services, Concealed Carry Firearm permit (CCW) renewal application, medicinal cannabis, and mortuary services; and the deletion of three fees, which include fees for library, and EV user (Attachments C and D); and

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

Questions asked and answered of staff including where are the surplus funds in the City Attorney Office budget coming from; how much is being spent on outside Counsel; what revenue generating opportunities are being explored including public/private partnerships; why is the City proposing to cut the airport fees and are we obligated to do so; what is the potential fee that the FAA could impose for not reducing the fees; what is the status of the City reinstating the 501c3; can funds be directed to specific departments/projects; what can be done to increase revenue on the Pier to avoid subsidising it; how can the image of the Pier and downtown be improved; how much funding has Measure CS yielded; is there a way to determine how it has impacted sales; could not reducing the airport fees be deemed as a violation of the descent decree and therefore impact the ability to close the airport; how would increasing police officers impact other City projects; could not fully funding the paving program open up the City to liability; and what is the current employment forecast for sworn police officers; will there be a time in the next 12-months to reassess the budget, is there a timeline for when the CCTV cameras will be implemented, how

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Packet Pg. 221 Minutes Acceptance: Minutes of May 28, 2024 5:30 PM (CONSENT CALENDAR) 10 May 28, 2024
many cameras can be purchased from the grant funds, and will the new system allow for connection to existing business cameras.

Considerable discussion ensued on topics including, but not limited to the possibility of using surplus fees to fund the future park; public safety concerns; making tradeoffs for additional four police officers; and finding creative ways to improve public safety.

Motion by Mayor Brock, seconded by Mayor Pro Tem Negrete, to give direction to staff including adding four police officers to the 2024-25 budget, taking out the annual street paving program from the held list to support police department recruitment and hiring, add the CCTV program back into the funded list, to put the alley renewal funding of $500,000 into police department staffing and recruitment, reduce the ongoing citywide facility program by $500,000, and to take the quick build program out of the held list and put it into the funded list and to approve the item. The motion was approved by the following vote:

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

COUNCILMEMBER
DISCUSSION ITEMS:

HUMAN SERVICES

COMMISSION

16.A. Recommendation to accept Alexis Hemphill-Elsea's resignation from the Human Services Commission and authorize the City Clerk to publish the vacancy, was presented.

Motion by Councilmember Davis, seconded by Councilmember Torosis, to accept the resignation with thanks for her service.

The motion was approved by a unanimous voice vote, with all members present.

HUMAN SERVICES

COMMISSION

16.B. Appointment to one unscheduled vacancy on the Human Services Commission for a term ending on June 30, 2026.

Continued to June 11, 2024 Council meeting.

COMMISSION OF

SUSTAINABILITY,

ENVIRONMENTAL

JUSTICE AND THE

ENVIRONMENT

16.C. Recommendation to rescind the appointment of Jeff Bush to the Commission of Sustainability, Environmental Justice and the Environment; and, appoint to that unscheduled vacancy for a term ending on June 30, 2024.

Continued to June 11, 2024 Council meeting.

5.G
Packet Pg. 222 Minutes Acceptance: Minutes of May 28, 2024 5:30 PM (CONSENT CALENDAR) 11 May 28, 2024

TREE REMOVAL

POLICIES

16.D. Request of Mayor Brock that the City Manager and City Attorney develop policies that regulate tree removal as a result of new development including exploring replacement requirements as part of the development or on public property to protect and preserve the City’s tree canopy. In developing this policy, the City Manager is being asked to consider requiring three replacement trees for every tree removed.

Continued to June 11, 2024 Council meeting.

OUTDOOR DINING FEES 16.E. Request of Mayor Brock, Vice Mayor Negrete, and Councilmember de la Torre that the City Manager and City Attorney evaluate the attached request from Downtown Santa Monica, Inc. and return to City Council with recommendations to reduce the per square foot monthly fees associated with the use of sidewalks for outdoor dining on the Third Street Promenade to support the City’s economic recovery. In addition, the City Manager and City Attorney are also being asked to evaluate and return to City Council with recommendations for incentives such as waiving fees for a period of time to spur outdoor dining on sidewalks on the Third Street Promenade.

Continued to June 11, 2024 Council meeting.

COMPENSATION
SURVEY

16.F. Request from Councilmember de la Torre and Vice Mayor Negrete that the City Council direct the City Manager to conduct a survey of cities within the Westside Cities Council of Governments and other charter cities across the state with populations comparable to Santa Monica. The survey should compare City Council compensation and benefits and the City Manager is to present the findings at the first Council meeting in July, with recommendations for next steps. The purpose of this survey is to assess whether the current compensation allows residents of varying income levels to serve on the City Council.

By understanding how Santa Monica compares to other cities, the Council can consider placing a charter amendment on the November ballot to adjust compensation, making City Council service more accessible to residents with lower incomes, was presented.

Motion by Councilmember de la Torre, seconded by Councilmember Negrete, to approve the item.

The motion was approved by the following vote:

AYES: Councilmembers Zwick, Parra, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Brock
NOES: Councilmember Davis

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Packet Pg. 223 Minutes Acceptance: Minutes of May 28, 2024 5:30 PM (CONSENT CALENDAR) 12 May 28, 2024
ABSENT: None
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 2:45 a.m. in memory of Paul “Chico” Fernandez.

ATTEST: APPROVED:

Nikima S. Newsome Phil Brock
Interim City Clerk Mayor

5.G
Packet Pg. 224 Minutes Acceptance: Minutes of May 28, 2024 5:30 PM (CONSENT CALENDAR) City Council
Report
City Council Meeting: June 25, 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 one unscheduled vacancy on the Human Services Commission for a term ending on June 30, 2026. (Continued from 6/11/2024) Prepared By: Xavier Mota, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Applicant List

8.A
Packet Pg. 225
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.A.a
Packet Pg. 226 Attachment: Applicant List (6478 : 8.A. Appointment: Human Svcs. Comm. (5 mins.)) City Council
Report
City Council Meeting: June 25, 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: 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 6/11/2024)
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.B
Packet Pg. 227
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.B.a
Packet Pg. 228 Attachment: Email Declining Appointment (6483 : 8.B. 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.B.b
Packet Pg. 229 Attachment: Email from the Commission's liaison (6483 : 8.B. 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.B.b
Packet Pg. 230 Attachment: Email from the Commission's liaison (6483 : 8.B. 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
Abdo, Judy C.

Gold, Mark A.

Lappen, David I.

Newbold, Gerda
Oelsen, Ashley
Walker, Olivia
06/16/2024
05/29/2024
06/05/2024
05/07/2024
05/22/2024
03/08/2024
TOTAL APPLICANTS: 6
*Incumbent in green
*Currently serves on the Clean Beaches & Ocean
Parcel Tax Citizens Oversight Committee.
*Currently serves on the Metropolitan Water District

8.B.c
Packet Pg. 231 Attachment: Applicant List (6483 : 8.B. Rescind and Appoint:Environment Comm. (5 mins.) 8.C.) City Council
Report
City Council Meeting: June 25, 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: Appointment to two unscheduled vacancies on the Housing Authority Board for both terms ending on June 30, 2026. (Continued from 6/11/2024) Prepared By: Xavier Mota, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Written Comments
B. Applicant List

8.C
Packet Pg. 232
1 David Yakobson
From: Dan Charn. <[email protected]>
Sent: Monday, June 10, 2024 9:38 PM
To: [email protected]; [email protected]; councilmtgitems; David White
Subject: Item 16 A ...HAB Appointments

EXTERNAL
Please appoint Ms. Hajar Muqtasid St.Claire to the Housing Authority Board seat that is now open.

Ms. St.Claire is smart, dedicated and an active member of the community. She knows how to gather and sift data and apply it. She is very fair too and a fine person with a wonderful sense of humor. God knows we all need that these days.

She will be a good addition for this board
and we will all be lucky to have her.

She is a class act.

Thank you,
Danielle Charney
Item 16.A
June 11, 2024
Item 16.A
June 11, 2024

8.C.a
Packet Pg. 233 Attachment: Written Comments (6479 : 8.C. Appointment to HAB (2 mins.)) City of Santa Monica
Boards and Commissions Applicants
Housing Authority Board
Name Application Date
Lilly, Christine M. 06/10/2024
TOTAL APPLICANTS: 1
*Is not a voucher holder and does not live in
Santa Monica

8.C.b
Packet Pg. 234 Attachment: Applicant List (6479 : 8.C. Appointment to HAB (2 mins.)) City Council
Report
City Council Meeting: June 25, 2024
Agenda Item: 10.A
1 of 2
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending 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
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on June 11, 2024, the City Council introduced 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. The ordinance is now presented to the City Council for adoption.

Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:

A. ORD-pl-TDM Ordinance 2d

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B. Written Comments

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City Council Meeting: June 25, 2024 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CHAPTER 9.53 TRANSPORTATION DEMAND MANAGEMENT TO ALIGN THE CITY’S TRANSPORTATION DEMAND

MANAGEMENT ORDINANCE WITH SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT’S (AQMD) RULE 2202
WHEREAS, vehicle transportation is the greatest contributor to Santa Monica’s carbon emissions (accounting for 69 percent of emissions in 2022), and between 2019 and 2020, emissions plummeted, largely due to restricted mobility and economic activity resulting from the COVID-19 pandemic;
WHEREAS, although 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;
WHEREAS, the 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;
WHEREAS, per the MOU with AQMD, the City is required to align with AQMD’s rules and regulations; and 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; and

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Packet Pg. 237 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) WHEREAS, the amendments below align the City’s Transportation Demand Ordinance with AQMD’s updates to Rule 2202, and attempt to further reduce overall transportation emissions in the City.

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

SECTION 1. Chapter 9.53 of the Santa Monica Municipal Code is hereby amended as follows:

9.53.010 Purpose
The purpose and objective of this Chapter is to implement the goals and policies of the City’s General Plan by proactively managing congestion, reducing automobile dependence, and enhancing transportation choices by requiring trip reduction plans for all types of trips—work, shopping, leisure, school, and appointments—that will:

A. Ensure City compliance with the applicable requirements of the South Coast Air Quality Management District (SCAQMD) Rule 2202 and implement air quality control measures required of local governments by the District’s 1991 Air Quality Management Plan and subsequent updates and the Los Angeles County Metropolitan Transportation Authority’s (LACMTA) Congestion Management Program (CMP);
B. Accommodate land use changes allowed under the General Plan’s Land Use and Circulation Element (“LUCE”) while reducing peak-hour automobile trips from new and existing destinations to achieve the LUCE’s goal of no net increase in PM peak hour vehicle trips by 2030;
C. Improve the mobility and general efficiency of circulation and transportation systems by increasing reliance on non-single-occupant vehicle (SOV) travel

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Packet Pg. 238 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) such as public transit, ridesharing, active transportation, carsharing, and focusing development in areas close to transit and employment; D. Reduce traffic impacts within the community and region, vehicular air pollutant emissions, energy usage, and ambient noise levels through a reduction in the number of per capita vehicle miles traveled (VMT) and management of traffic congestion;
E. Minimize the percentage of Employees traveling in SOVs to and from work, especially during peak-hour periods;
F. Promote and increase work-related transit use, ridesharing, walking, and bicycling to minimize parking needs, manage congestion, and protect the quality of life in Santa Monica’s neighborhoods and districts; G. Improve the quality and level of access for residents, Employees, customers, and visitors by improving transportation choices and managing congestion; H. Decrease the City’s need for additional parking facility construction; I. Coordinate transportation system management, transportation demand management (TDM), and transportation facility development strategies Citywide; and
J. Coordinate transportation system management, transportation demand management, and transportation facility development strategies with other cities and counties in the region and through regional agencies. (Added by Ord.

No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.020 Definitions

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Packet Pg. 239 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) The following words and phrases shall have the following meanings when used in this Chapter. Words and phrases not specifically defined below shall be aligned with the meanings identified in SCAQMD’s Rule 2202.

Audit. A selective inspection by the City of an Employer or Developer’s activities related to the fulfillment of ongoing implementation and monitoring of an approved Emission Reduction Plan or Developer TDM Plan.

Average Vehicle Ridership (AVR). The total number of Employees who report to or leave work during the Peak Windows divided by the number of vehicles driven by these Employees over that 5-day survey period. The AVR calculation requires that the 5-day period must represent the 5 days during which the majority of Employees are scheduled to arrive at the Worksite. The hours and days chosen must be consecutive. The 5-day survey period cannot contain a holiday and shall represent typical operations so that a projection of the average vehicle ridership during the year is obtained.

An example of morning AVR using the survey week for an Employer with 300 Employees all reporting to work weekdays between 6:00 a.m. and 10:00 a.m. is:

EMPLOYEES REPORTING TO/

DEPARTING WORK

NUMBER OF VEHICLES DRIVEN

TO THE WORKSITE BY THESE

EMPLOYEES
MONDAY 300 200
TUESDAY 300 190
WEDNESDAY 300 210
THURSDAY 300 200
FRIDAY 300 200
TOTAL 1,500 1,000

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Packet Pg. 240 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) In this example, AVR is arrived at by dividing the number of Employees reporting to work between 6:00 a.m. and 10:00 a.m. during the survey week (1,500) by the number of vehicles driven to the Worksite between the same hours during the week (1,000):
1,500/1,000 = 1.5 AVR
A similar calculation is required for obtaining the afternoon Peak Window AVR for commute trips to and from the Worksite between 3:00 p.m. and 7:00 p.m.

AVR Target. The AVR established by this Chapter that an Employer Emission Reduction Plan (ERP) or Developer Transportation Demand Management (TDM) plan is expected to achieve for a particular Worksite or project.

AVR Verification Method. A method approved by the City for determining an Employer’s current AVR, or approved by the City or SCAQMD for Employers of 250 Employees or more.

AVR Window. The period of time comprised of both hours and days used to calculate AVR (i.e., 6:00 a.m. to 10:00 a.m. and 3:00 p.m. to 7:00 p.m.).

Business Type/Classification. The activity type that classifies the primary nature of work conducted by the Employer located at the Worksite.

Carpool. A motor vehicle occupied by 2 to 6 persons traveling together to and from the Worksite for the majority (at least 51%) of the total commute. For-hire vehicles must include 2 or more passengers (in addition to any driver) to be classified as a carpool.

Commute Trip. The means of transportation used for the greatest distance of an Employee’s commute to or from work during the Peak Window. Each commute trip to the Worksite shall be calculated as follows:

Single-occupant vehicle = 1
Carpool = 1 divided by the number of people in the carpool

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Packet Pg. 241 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) Vanpool = 1 divided by the number of people in the van
Motorcycle, moped, motorized scooter, motorbike = 1 divided by the number of people on the vehicle
Zero Emission Vehicle= 0*
(*Zero Emission Vehicle = 1 for Developer TDM Plans. See Section 9.53.140) Public transit = 0
Bicycle = 0
Walking and other nonmotorized transportation modes = 0 Non-commuting = 0
Compressed Work Week. This applies to Employee(s) who, as an alternative to completing the basic work requirements in five 8-hour workdays in one week, are scheduled in a manner which reduces vehicle trips to the Worksite. The recognized compressed work week schedules for purposes of this Chapter are 36 hours in 3 days (3/36), 40 hours in 4 days (4/40), or 80 hours in 9 days (9/80).

Consultant Employee Transportation Coordinator (ETC). A person that meets the requirements of and that serves as an ETC at a Worksite for an Employer other than the consultant ETC’s Employer.

Developer. Any person or entity that is responsible for development of a project that will result in the new construction of 7,500 square feet of nonresidential floor area or more, 16 residential units or more, or mixed-use projects of 16 residential units or more with any associated nonresidential components. The person or entity responsible for development of a project shall be the Developer and property owner. Upon transfer of title from a property owner to a Developer, the term “Developer” shall mean the property owner.

Developer TDM Plan. A trip reduction plan intended to result in a Developer achieving the applicable AVR targets specified in this Chapter.

Director of Transportation. The Director of Transportation of the City of Santa Monica or designee.

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Packet Pg. 242 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) Disabled Employee. An individual with a physical impairment which prevents the individual from traveling to and from the Worksite by means other than a single-occupant vehicle.

Emission Reduction Plan (ERP). A plan intended to reduce emissions related to Employee commutes and to meet a worksite specific emission reduction target for the subsequent year.

Emission Reduction Target (ERT). The annual VOC, NOx and CO emissions required to be reduced based on the number of Employees per Worksite and the Employee Emission Reduction Factors as specified in SCAQMD Rule 2202-On-Road Motor Vehicle Mitigation Options Implementation Guidelines.

Employee. Any person employed full or part-time by a person(s), firm, business, educational institution, nonprofit agency or corporation, government agency or other entity. This term excludes the following: temporary Employees, Field Construction Workers, Independent Contractors, Volunteers, seasonal Employees and Field Personnel.

Employee Transportation Coordinator (ETC). The designated person, with appropriate training as required by the City, who is responsible for the development, administration, implementation, and monitoring of the Emission Reduction Plan. The ETC must be active during normal business hours when the majority of Employees are at the Worksite, either in person or teleworking. Employers of 250 Employees or more must attend an SCAQMD ETC certification course. Employee Transportation Coordinators shall participate in Citysponsored workshops and roundtables.

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Packet Pg. 243 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) Employee Trip Reduction Plan (ETRP). A plan for implementation of strategies that are designed to reduce Employee vehicle commute trips during the AVR Window.

Employer. Any person(s), firm, business, educational institution, nonprofit agency, or corporation, government agency, or other entity that employes 30 or more Employees and has a permanent place of business in the City of Santa Monica.

Field Construction Worker. An Employee who reports directly to work at a construction site outside the City of Santa Monica for the entire day, an average of at least 6 months out of the year.

Field Personnel. An Employee who spends 20% or less of their work time, per week, at the Worksite and who does not report to the Worksite during Peak Windows for pick up and dispatch of an Employer provided vehicle.

Holiday. Those days designated as national or State holidays, in which the Worksite is closed in observance of the holiday. An AVR survey shall not be undertaken in any week where the following holidays occur:

New Year’s Day January 1
Martin Luther King Jr. Birthday January (Third Monday)
Presidents’ Day February (Third Monday)
Cesar Chavez Day March 31
Bike to Work Day May (Third Thursday or Friday)
Memorial Day May (Last Monday)
Juneteenth June 19
Independence Day July 4
Labor Day September (First Monday)
Indigenous Peoples’ Day October (Second Monday)
California Rideshare Week October (First Week)
Veteran’s Day November 11
Thanksgiving Day November (Fourth Thursday plus the
Friday after)
Christmas Eve December 24
Christmas Day December 25

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Packet Pg. 244 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) The days these holidays are observed may vary from year to year; therefore, it shall be the responsibility of the Employer to obtain these specific holiday dates to ensure exclusion of these weeks from their AVR survey week. Additionally, the Employer may not survey on any week in which a religious or other holiday not listed above is observed by the Employer, resulting in closing the place of employment for one day or more in observance of said holiday.

Independent Contractor. A person who enters into a direct written contract or agreement with an Employer to perform certain services and is not on the Employer’s payroll. An Independent Contractor providing services to an Employer for a consecutive period of more than 6 months shall count as an Employee of the Employer and shall be counted in the AVR. The Independent Contractor shall also be considered an Employee when figuring the Employer annual transportation fee.

Low-Income Employee. An individual whose salary is equal to or less than the current individual income level set in California Code of Regulations, Title 25, Section 6932, as lower income for Los Angeles County. Higher income employees may be considered to be “low-income” if the employee demonstrates that the plan disincentive would create a substantial economic burden.

Mobile Source Mission Reduction Credits (MSERCs). Emission credits issued pursuant to Regulation XVI – Mobile Source Offset Programs.

Motor Vehicle. A self-propelled vehicle, consistent with California Vehicle Code 415.

Monitoring. The techniques used to assess progress towards complying with the transportation management plan.

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Packet Pg. 245 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) Multi-Site Employer. Any Employer which has more than one Worksite within the City of Santa Monica, or more than one Worksite in the South Coast Air Basin with one or more of those sites located in the City of Santa Monica.

Non-Commuting AVR Credit. This credit applies to Employees who are at the Worksite during the window for calculating AVR and remain at the Worksite or out of the SCAQMD jurisdiction for a full 24-hour period or more to complete work assignments.

Nitrogen Oxides (NOx). Nitric oxides and nitrogen dioxides, collectively expressed as nitrogen dioxide.

On-Site Coordinator. An Employee who serves as on-site coordinator at a Worksite served by a consultant ETC or for an Employer with more than one Worksite located in the City of Santa Monica and has knowledge of the Employer’s ERP and marketing. Onsite coordinators for Employers with more than 250 Employees must attend a one-time SCAQMD certified training course. The on-site coordinator is limited to program implementation rather than program development.

Parking Cash Out. Health and Safety Section 43845 that requires Employers with 50 or more Employees who lease their parking and subsidize all or part of that parking to implement a Parking Cash Out program. Employers who fall under the purview of Parking Cash Out must offer their Employees the option to give up their parking spaces and receive a cash subsidy in an amount equal to the cost of the parking space. Employers who are subject to Parking Cash Out requirements must implement a Parking Cash Out plan. Employers who do not implement a Parking Cash Out plan will have their emission reduction plans disapproved.

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Packet Pg. 246 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) Part-Time Employee. Any Employee who reports to a Worksite on a part-time basis fewer than 32 hours per week but more than 4 hours per week. These Employees shall be included in the AVR calculations of the Employer provided the Employees report to or leave the Worksite during the AVR window.

Peak Window. In the morning, the Peak Window includes the hours from 6:00 a.m. to 10:00 a.m. In the evening, the Peak Window includes the hours from 3:00 p.m. to 7:00 p.m.

Peak Window Trip. An Employee’s commute trip that begins or ends at the Worksite or a work-related trip within the Peak Window.

Project Commute Survey. A survey of all tenant Employees of a project site to determine property-wide AVR as part of the annual monitoring report on a Developer TDM Plan.

Project Transportation Coordinator (PTC). The designated person, with appropriate training as required by the City, who is responsible for the development, administration, implementation, and monitoring of the Developer TDM Plan. The PTC must be at the project site during normal business hours when the majority of Employees are at the project unless alternative arrangements have been made pursuant to Section 9.53.150.

PTCs shall participate in City-sponsored workshops and roundtables.

Property Owner. Any person, co-partnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property.

Remote Employee. Any Employee who is employed by an Employer at a regulated Worksite, however, primarily lives and works at locations outside of the South Coast

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Packet Pg. 247 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) AQMD, and physically commutes to the Worksite fewer than five days per either the ERP or Developer TDM plan year.

Residential TDM. Means any strategies that are designed to reduce Single Occupancy Vehicle trips to and from residential properties.

Rideshare Mode of transportation other than a single occupancy vehicle that reduces emissions associated with travel.

Seasonal Employee. Any person who is employed for less than a continuous 90-day period.

Single Occupancy Vehicle. A privately operated motor vehicle whose only occupant is the driver, including for hire vehicles with one passenger.

South Coast Air Quality Management District (SCAQMD). The air quality control agency that monitors and enforces air quality regulations in Orange County and nondesert portions of Los Angeles, Riverside and San Bernardino Counties.

Student Worker. A student who is enrolled and gainfully employed (on the payroll) by an educational institution. Student workers who work more than 4 hours per week are counted for ordinance applicability and if they report to or leave work during the AVR Window(s) are counted for AVR calculation. Student workers are Employees within the meaning of this Chapter.

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%.

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Packet Pg. 248 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) Temporary Employee. Any person employed by an employment service or a “leased” Employee that reports to a Worksite other than the employment service’s Worksite, under a contractual arrangement with a temporary Employer. Temporary Employees are counted as Employees of the employment service for purposes of calculating AVR.

Temporary Employees reporting to the Worksite of a temporary Employer for a consecutive period of more than 6 months shall count as an Employee of the temporary Employer and shall be counted in the AVR. The Temporary Employee shall also be considered an Employee when figuring the Employer annual transportation fee.

Transit. A shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicabs, carpools, or vanpools which are not shared by strangers without a private arrangement. Transit includes buses, ferries, trams, trains, rail, or other conveyance which provides to the general public a service on a regular and continuing basis. Also known as public transportation, public transit, or mass transit.

Transportation Allowance. A financial incentive offered to Employees or residents instead of a parking subsidy to provide Employees flexibility in mode choice. Employees and residents are typically required to execute an agreement that they do not commute in a single-occupant vehicle, or for residents, own a vehicle, in order to be eligible to receive the benefit.

Transportation Demand Management (TDM). The implementation of strategies that will encourage individuals to either change their mode of travel to other than a single occupancy vehicle, reduce trip length, eliminate the trip altogether, or commute at other than Peak Windows.

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Packet Pg. 249 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) Transportation Facility Development (TFD). Construction of capital improvements to a transportation or transit system and/or installation of related operating equipment.

Transportation Management Organization (TMO). Transportation Management Organizations (TMOs) are City-certified organizations that provide transportation services in a particular area or Citywide. They are generally public-private partnerships, consisting primarily of area businesses with local government support. TMOs provide an institutional framework for TDM programs and services.

Transportation System Management (TSM). Strategies designed to improve traffic flow through modifications in, or coordination of, the operation of existing facilities.

Trip Reduction. The reduction in single occupant vehicle trips by private or public sector programs used during Peak Windows of commuting.

Vehicle Miles Traveled (VMT). The number of miles traveled one-way by a motor vehicle for a Worksite commute trip.

Volatile Organic Compound (VOC). Means any volatile compound of carbon, excluding methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, ammonium carbonate, and exempt compounds as defined by SCAQMD Rule 102.

Volunteer. Any person at a Worksite who, of their own free will, provides goods or services, without any financial gain.

Workplace or Worksite. A building, part of a building, or grouping of buildings located within the City which are in actual physical contact or separated solely by a private or public roadway and are owned or operated by the same Employer.

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Packet Pg. 250 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) Zero Emission Vehicle (ZEV). A motor vehicle, as certified by the California Air Resources Board (CARB), which emits no tailpipe pollutants. Employees arriving to work in a Plug-In Hybrid Electric Vehicle (PHEV) meet the definition of a zero-emission vehicle provided that the entire trip to work is made exclusively under electric power. This applies to plug-in vehicles with all electric range that can travel exclusively under electric power without use of the gasoline engine or cogeneration system. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 47, adopted June 14, 2016; Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.030 Applicability
This Chapter shall apply to Employers and Developers as defined above. The City shall not be exempt from the requirements of this Chapter. In accordance with the Memorandum of Understanding between the City and the SCAQMD, County, State and Federal agencies located in Santa Monica shall comply with South Coast AQMD’s Rule 2202 and will be exempt from this Chapter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.040 AVR Targets
Employers shall strive to achieve, and Developers shall achieve the applicable AVR Targets in this Chapter. This Section shall not apply to residential units but shall apply to nonresidential components of mixed-use projects. For nonresidential uses in residential designations not represented in this Chapter, all Employers shall achieve the lowest AVR Targets established by this Chapter unless located in a land use designation with a higher AVR Target.

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Packet Pg. 251 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading)

LAND USE DESIGNATION

EMPLOYER AND

DEVELOPER AVR
TARGET
Bergamot Transit Village; Mixed Use Creative; Conservation: Art Center; Conservation: Creative Sector

2.0 Downtown Core 2.2
General Commercial: Pico Boulevard from Lincoln Boulevard to 11th Street, Lincoln Boulevard from Santa Monica Freeway to Bay Street

1.75 General Commercial: Santa Monica Boulevard from Lincoln Court to 20th Street

2.0 Healthcare Mixed Use 2.0
Industrial Conservation: Euclid Court to Stewart Street 2.0 Institutional/Public Lands: bounded by Santa Monica Freeway, Lincoln Boulevard, Pico Boulevard and Ocean Avenue

2.2 Mixed Use Boulevard: 4th Street from Olympic Drive to Pico Boulevard and area bounded by Cloverfield Boulevard, Olympic Boulevard, 20th Street and Colorado Avenue

2.0 Mixed Use Boulevard: Wilshire Boulevard from 2nd Court to 7th Street, and Lincoln Boulevard from Wilshire Boulevard to Olympic Boulevard

2.2 Mixed Use Boulevard: northside of Wilshire Boulevard from Lincoln Boulevard to eastern City Limits, and southside of Wilshire Boulevard from Lincoln Court to eastern City Limits

1.75 Mixed Use Boulevard Low: Pico Boulevard from Main Court to Centinela Avenue, Lincoln Boulevard from Santa Monica
Freeway to Bay Street, Main Street from Pico Boulevard to southern City Limits

1.75 Mixed Use Boulevard Low: Santa Monica Boulevard from 23rd Street to Centinela Avenue, Broadway from Lincoln Court to 26th Street, Colorado Avenue from Lincoln Court to Cloverfield Boulevard, Olympic Boulevard from Euclid Court to 17th Street

2.0 Neighborhood Commercial: Olympic Boulevard from 14th Street to 16th Street

2.0 Neighborhood Commercial: Pico Boulevard from Main Court to Centinela Avenue

1.75 Office Campus: east of Cloverfield Boulevard, north of Olympic Boulevard

2.0 Office Campus: south of Ocean Park Boulevard 1.75
Ocean Front District, north of Santa Monica Pier 1.75
Ocean Front District, Santa Monica Pier and south 2.0
Institutional/Public Lands: other than specified above 1.6 All remaining districts 1.6
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)

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Packet Pg. 252 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading)

9.53.50 Employer Transportation Fee.

A. Employer Annual Transportation Fee. There shall be an Employer annual transportation fee. All Employer annual transportation fees collected pursuant to this Chapter shall be deposited in an account separate from the General Fund.

The purpose of the Employer annual transportation fee is to pay for the costs of administration, including TDM outreach and support and City TMO formation activities, implementation, investigation, inspection, audit, and enforcement of this Chapter.

1. Employers filing Emission Reduction Plans (ERPs) shall pay an annual transportation fee calculated using the following formula: Fee = (number of Employees) x (Employee Cost Factor). The Employee Cost Factor shall be established by resolution of the City Council and amended each July according to the Consumer Price Index or COLA, whichever is higher or by the resolution of the City Council.

2. For purposes of calculating an Employer’s annual transportation fee, the definition of Employee shall include full-time and part-time Employees. For purposes of calculating an Employer’s annual transportation fee, the definition of an Employee working at a Worksite for an average of 6 months or more shall be used.

3. Employers shall be notified of the Employer annual transportation fee when they receive written notice to submit an ERP in accordance with this

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Packet Pg. 253 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) Chapter. Employer annual transportation fees shall be due and paid in full with the submittal of the ERP.

4. Once the employer annual transportation fee required pursuant to this Chapter has been paid, there shall be no refunds.

5. Employers of 30 or more Employees, who implement an Employee Trip Reduction Plan and demonstrate attainment of the applicable AVR Target shall receive the following reductions in their Employer annual transportation fees:
a. Attainment of the applicable AVR Target for one year shall result in a 40% reduction of Employer annual transportation fees. b. Attainment of the applicable AVR Target for 2 consecutive years shall result in a 50% reduction of Employer annual transportation fees.
c. Attainment of the applicable AVR Target for a period of 3 or more consecutive years shall result in a 60% reduction of Employer annual transportation fees.

6. Employers of 30 or more employees who join a TMO certified by the City, through the procedures specified in this Chapter, shall receive a 25% reduction in the annual Employer transportation fee. This reduction shall be in addition to any fee reduction the Employer is awarded for attainment of the applicable AVR Target. Fees charged by the TMO to Employers for its operation and administrative costs shall be separate from the City’s Employer transportation fee. (Added by Ord. No. 2486CCS §§ 1, 2,

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Packet Pg. 254 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.60 Contents of Emission Reduction Plans
A. Employers of 30 or more employees are required to submit to the City, within 90 calendar days of written notification, an Emission Reduction Plan (ERP) designed to reduce emissions related to Employee commute trips and to meet specific emissions reduction targets specified for the subsequent year. For employers opting to implement their Emission Reduction Plan via the purchase of mobile source emissions credits (MSERCs), the annual Emission Reduction Target (ERT) shall be the equivalent of the highest AVR Target in the City and shall be determined according to the SCAQMD’s equation for VOC, NOx, and CO, based on Employee emission reduction factors specified in Chapter V of the SCAQMD Rule 2202 Implementation Guidelines. Any Employer subject to Health and Safety Section 43845 shall implement a Parking Cash Out program. Failure to do so will result in the disapproval of an Employer’s ERP.
[Emission Reduction Target] = [Employees x Employee Emission Reduction Factor]
For purposes of this calculation:

Employee = Average daily number of employees reporting to work in the AVR window for a typical 5-day work period which does not include those days defined as holidays.

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Packet Pg. 255 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) Employee emission reduction factor = Determined by the year of the plan submittal as defined in Chapter V of the SCQAMD Rule 2202 Implementation Guidelines.

1. Each Employer shall choose one or more of the following options in implementing their Emissions Reduction Plan:
a. Purchase of Mobile Source Emission Reduction Credits (MSERCs). b. Implementation of an Employee Trip Reduction Plan.

B. Options for Implementing Emissions Reduction Plan.

1. Mobile Source Emission Reduction Credits (MSERCs). In order to meet their Emission Reduction Target, any Employer required to submit an ERP may purchase MSERCs from a vendor based on emission reduction factors as determined by Section 9.53.060(H). A list of credit vendors can be found on the SCAQMD’s website.
a. An annual plan indicating the amount of credits purchased and the amount of emissions reduced must be submitted to the City each year.
b. MSERCs must be transferred to the City MSERC account no later than 180 calendar days after the approval of the ERP by the City. c. Includes a Parking Cash Out plan if required by Health and Safety Code Section 43845;

2. Employee Trip Reduction Plan. Employers who choose this option shall prepare, implement, and monitor Employee Trip Reduction Plan (ETRP) for transportation demand management, transportation system management and

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Packet Pg. 256 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) transportation facility development which will be reasonably likely to result in the attainment of the applicable AVR Target in this Chapter. The ETRP shall be submitted in a form approved by the City and shall be reviewed and approved by the Director of Transportation before it is effective. a. The ETRP shall include strategies designed to decrease singleoccupant vehicle use rideshare during the morning and evening AVR windows and shall be made available to all employees upon hire and every year thereafter along with the Employer’s most recent ETRP annual report.
b. The ETRP shall consist of a report that:
i. Calculates and documents AVR levels for morning and
evening Peak Windows;
ii. Lists plan incentives and a schedule for their implementation, including a mandatory guaranteed ride home program which provides an Employee who rideshares a ride home in the
event of an emergency or unplanned overtime with no cost to the Employee;
iii. Determines a marketing strategy for the plan year, including mandatory new hire orientation which informs Employees of the Employer’s ERP strategies at the time of hire, or new Employee orientation;

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Packet Pg. 257 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) iv. Determines the use of Worksite parking facilities to achieve ETRP objectives (i.e., number of reserved spaces for
carpools, vanpool, etc.);
v. Lists the bicycle paths, routes, and facilities within one-half mile of the Worksite;
vi. Lists the public transit services within one-half mile of the Worksite;
vii. Provides a general description of the business type/ classification;
viii. Includes a sample of the Employee AVR survey, or other mechanism approved by the City. This survey must not be more than 6 months old. For Employers with 250 or more
employees, the survey must conform with SCAQMD
requirements. The survey must be taken over 5 consecutive days during which the majority of employees are scheduled to arrive at or leave the Worksite. The survey week cannot contain a holiday and cannot occur during “Rideshare Week” or other “event” weeks (i.e., Bicycle Week, Walk to Work Week, Transit Week, Bike it, Walk it Week, etc.). This survey must have a minimum response rate of 60% of employees
who report to or leave work between 6:00 a.m. and 10:00 a.m., inclusive, and 60% response rate for employees who report to or leave work between 3:00 p.m. and 7:00 p.m.,

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Packet Pg. 258 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) inclusive. Employers that achieve a 90% or better survey response rate for the a.m. or p.m. window may count the “no survey responses” as “other” when calculating their AVR.

Employers that receive a survey response rate between 60% and 89% shall calculate the “no survey response” as “drive alone” when calculating their AVR;
ix. Provides the contact information including name, e-mail address and proof of certification of the Employee
Transportation Coordinator who is responsible for
implementation and monitoring of the plan;
x. Provides the contact information including name and e-mail address of the on-site coordinator (if different from the ETC) for each site who is responsible for implementation and monitoring of the plan;
xi. Identifies the objectives of the plan and provides an explanation of why the plan is likely to achieve the applicable AVR target;
xii. Includes a Parking Cash Out plan if required by Health and Safety Code Section 43845;
xiii. Includes a management commitment cover letter signed by the highest-ranking official on site, or the executive
responsible for allocating the resources necessary to
implement the plan. This letter shall include a commitment to

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Packet Pg. 259 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) fully implement the program and state that all data is accurate to the best of the Employer’s knowledge.
c. The ETRP shall be updated every 12 months with an annual report submitted on the anniversary date of the initial plan approval date.

The annual ETRP shall include the following:
i. AVR calculations and documentation for the plan year; ii. Lists plan strategies, changes to plan strategies, and a schedule for their implementation, including a mandatory guaranteed ride home program which provides an Employee who rideshares a ride home in the event of an emergency or unplanned overtime with no cost to the Employee;
iii. Determines a marketing strategy, indicating changes from the previous plan year, and includes mandatory new hire
orientation which informs employees of the Employer’s
Emission Reduction Plan strategies at the time of hire, or new Employee orientation;
iv. Determines the use of Worksite parking facilities to achieve rideshare and transit objectives (i.e., number of reserved spaces for carpools and vanpool, etc.);
v. Lists the bicycle paths, routes, and facilities within one-half mile of the Worksite;
vi. Lists public transit services within one-half mile of the Worksite;

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Packet Pg. 260 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) vii. Provides a general description of the type of business; viii. Includes a sample of the Employee survey for the plan year as described in subdivision (2)(b)(viii) of this subsection B; ix. Provides the contact information including name, e-mail address and proof of certification of the Employee
Transportation Coordinator who is responsible for the
preparation, implementation, and monitoring of the plan; x. Provides the contact information including name and e-mail address of the on-site coordinator (if different from the ETC) for each site who is responsible for the implementation and monitoring of the plan;
xi. Identifies the objectives of the plan and provides an explanation of why the plan is likely to achieve the applicable AVR target;
xii. Includes a Parking Cash Out plan if required by Health and Safety Code Section 43485;
xiii. Includes a management commitment letter as defined in subdivision (2)(b)(xiii) of this subsection B; and
xiv. Includes updates and revisions to the ETRP as the Director of Transportation deems appropriate, if the annual report
indicates that the goals of the previously approved ETRP have not been met.
d. The procedure for calculating AVR at a Worksite shall be as follows:

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Packet Pg. 261 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) i. The AVR calculation shall be based on data obtained from an Employee survey as defined in subdivision (2)(b)(viii) of this subsection B.
ii. AVR shall be calculated by dividing the number of employees who report to or leave the Worksite by the number of vehicles arriving at or leaving the Worksite during the Peak Windows.

If an Employee uses more than one commute mode per trip, the mode that is used for the majority of the trip shall be the mode that is used in calculating the number of vehicles. All employees who report to or leave the Worksite that are not accounted for by the Employee survey shall be calculated as one Employee per vehicle arriving at or leaving the Worksite during the Peak Windows. Employees walking, bicycling,
telecommuting, using public transit, arriving at the Worksite in a zero-emission vehicle, or on their day off under a recognized compressed work week schedule shall be counted as arriving at or leaving the Worksite without vehicles. Motorcycles shall be counted as vehicles. AVR survey reporting errors resulting from missing or incorrect information must be calculated as one Employee per vehicle arriving at the Worksite. Reporting errors that do not include the time when an Employee arrives at or leaves the Worksite must be assumed to occur in the Peak Window.

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Packet Pg. 262 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) iii. A child or student may be calculated for the AVR as an additional passenger in the carpool/vanpool if the child or student travels in the car/van to a Worksite or school/childcare facility for the majority (at least 51%) of the total commute. iv. If 2 or more Employees from different Employers commute in the same vehicle, each Employer must account for a
proportional share of the vehicle consistent with the number of Employees that Employer has in the vehicle.
v. Any Employee dropped off at a Worksite shall count as arriving in a carpool only if the driver of the carpool is continuing on to the driver’s Worksite.
vi. Any Employee telecommuting at home, off site, or at a telecommuting center for a full work day, eliminating the trip to work or reducing the total distance by at least 51% shall be calculated as if the Employee arrived at the Worksite in no vehicle.
vii. Zero Emission Vehicles (electric vehicles) shall be counted as zero vehicles arriving at the Worksite.
e. Employers must keep detailed records of the documents which verify the average vehicle ridership calculation for a period of 3 years from plan approval date. Records which verify strategies in the ETRP have been marketed and implemented shall be kept for a period of at least 3 years from plan approval date. Approved ERPs must be

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Packet Pg. 263 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) kept at the Worksite for a period of at least 5 years from plan approval date. For Employers who implement their plans using a centralized rideshare service center, records and documents may be kept at a centralized location. Failure to maintain records or falsification of records will be deemed a violation of this Chapter.
f. AVR Performance Requirement for Employers Submitting an ETRP. Employers who submit an ETRP to the City that does not meet the applicable AVR Target for the a.m. and p.m. Peak Window must implement a Good Faith Effort Plan in accordance with the following requirements:
i. Employers shall maintain all currently approved good faith plan strategies during the plan compliance year until a new ETRP is approved.
ii. Deletion or substitution of any plan strategies is not allowed unless approved by the Director of Transportation in writing. iii. Unless otherwise stated, strategies must be implemented in such a way that they are reasonably likely to improve AVR.

Employers must continue to demonstrate a good faith effort towards achieving the applicable AVR target for the Peak Window. If a Worksite AVR decreases or does not improve from the previously submitted plan, the selection of strategies must be modified, and the number of strategies increased.

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Packet Pg. 264 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) g. Good Faith Effort Determination Elements. Employers submitting an ETRP who do not attain their applicable AVR Targets in the a.m. and p.m. Peak Windows shall comply with the following
requirements:
i. Employers must implement at least 5 of the following marketing strategies:

1. Attendance at a City-approved marketing class, at least annually.

2. Direct communication by the highest-ranking official at the site, at least annually.

3. Employer newsletter (hard copy or electronic) with
rideshare content distributed at least quarterly.

4. Flyers, announcements, memos or e-mails sent to
employees at least quarterly.

5. Company recognition of ridesharing at least annually.

6. Employer rideshare events, at least annually.

7. Rideshare bulletin board, kiosk, electronic exchange center, or information center, updated at least quarterly.

8. New hire orientation (mandatory).

9. Rideshare meetings or focus groups, at least semiannually.

10. Rideshare website, updated at least quarterly.

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Packet Pg. 265 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading)

11. Other marketing strategies that have been approved by the Director of Transportation and the SCAQMD as
appropriate.
ii. Employers must implement at least 5 of the following basic support strategies:

1. Commuter Choice Program.

2. Flex time schedule.

3. Guaranteed Ride Home Program (mandatory).

4. Personalized commute assistance.

5. Transit Information Center, updated at least quarterly.

6. Free introductory transit pass.

7. Preferential parking for carpools and vanpools.

8. Ride matching, at least annually.

9. Other basic support strategies that have been approved by the Director of Transportation and the SCAQMD as
appropriate.
iii. Employers must implement at least 5 of the following direct strategies:

1. Auto services (minimum dollar amount per Employee per year will be indicated in ETRP forms).

2. Bicycle program.

3. Vanpool program.

4. Compressed work week schedule.

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Packet Pg. 266 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading)

5. Employee clean vehicle purchase program.

6. Off-peak rideshare program.

7. Telecommuting.

8. Discounted or free meals (minimum dollar amount per
Employee per year will be indicated in ETRP forms).

9. Direct financial incentives.

10. Gift certificates (minimum dollar amount per Employee per year will be indicated in ETRP forms).

11. Parking charge or transportation allowance.

12. Parking Cash Out program.

13. Off-peak trip reduction program.

14. Points program.

15. Prize drawings, at least quarterly.

16. Start-up incentive.

17. Time off with pay.

18. Transit subsidy.

19. Other direct strategy programs that have been approved by the Director of Transportation and the SCAQMD.

C. MSERCs Minimum Requirements. Employers implementing Mobile Source Emission Reduction Credits as defined in this Chapter must meet the minimum plan requirements:

1. AVR Survey. Conduct an AVR survey in accordance with the requirements of this Chapter.

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Packet Pg. 267 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading)

2. Employers must survey employees in both the a.m. and p.m. Peak Windows.

3. Employers who do not meet their Peak Window targets for the a.m. and/or p.m. window must purchase the appropriate amount of MSERCs to bridge the gap in the applicable AVR Target shortfall.

2. Outreach/Education Plan. Employers shall include a plan to educate Employers about commute options by making information available to employees.
a. Information shall be updated annually and include, at a minimum:
i. A rideshare bulletin board, kiosk or a rideshare page on a company website, updated quarterly;
ii. Rideshare options and information presented to employees as a part of new hire orientation;
iii. A Customer Incentive Plan that provides clients and visitors with information about how to access the site using green commute modes such as transit, walking, and biking. This information shall be placed in the lobby, reception area, cash register area and on the Employer’s website and shall include, but not be limited to:
bus and transit routes within one-half mile of the site, bicycle parking and bicycle facilities within one-half mile of the site, optional incentives to encourage customers to use green commute modes (discounts, drawings, etc.).

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Packet Pg. 268 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading)

3. Employers who fall under the requirements of Parking Cash Out shall include a Parking Cash Out plan. If a Parking Cash Out plan is not included, the ERP shall be disapproved.

D. Extensions. In the event that an Employer reasonably needs more time to submit an emission reduction plan, a written request for extension may be filed with the Director of Transportation. All requests must be received by the City no later than 15 business days prior to the plan due date. Such requests must be made in writing and shall state why such extension is requested, what progress has been made toward developing the ERP, and for what length of time the extension is sought.

The Director of Transportation shall notify the Employer in writing whether or not the extension has been granted within 15 business days of receipt of a written request for extension.

1. An Employer may request an extension of up to 60 calendar days for the initial submittal of a plan.

2. An Employer may request an extension of up to 30 calendar days to complete a revised plan.

3. The Director of Transportation may grant extensions beyond 60 calendar days for good cause. Each Employer’s request shall be reviewed on an individual basis.

E. Plan Revisions. An approved ERP may be revised between plan submittal dates by submitting a plan revision in writing to the City. Any changes to an approved plan which is in effect must be submitted in writing to the Director of Transportation.

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Packet Pg. 269 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading)

1. If the Director of Transportation determines that any ERP strategy is not being carried out to the fullest extent, the City may require the Employer to submit quarterly reports that include examples of the strategies implemented for each quarter.

2. If the Director of Transportation determines that the ERP strategy is not effective, the City may require the Employer to submit quarterly progress reports that demonstrate the effectiveness of such strategies.

3. If it is necessary for an Employer to amend an ERP before the plan can be approved, the Employer shall have 15 business days from the date of written notice in which to submit amendments to the Director of Transportation. Employers failing to submit the amendments shall have their ERP disapproved.

4. An ERP will be disapproved if the program demonstrates a disproportionate impact on minorities, women, low-income or disabled Employees.

5. If a final determination that an element of an approved ERP violates any provision of the law issued by any agency or court with jurisdiction to make such determinations, then the Employer shall, within 45 calendar days, submit a proposed plan revision to the Director of Transportation which shall be designed to achieve an AVR equivalent to the previously approved plan.

F. Employee Transportation Coordinators. Employers of 30 or more Employees, shall designate a certified Employee Transportation Coordinator (ETC) or an ETC and an on-site coordinator for each Worksite included in the emission reduction plan.

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Packet Pg. 270 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading)

1. An Employer may elect to use a consultant ETC or TMO certified in accordance with this Chapter in lieu of an ETC; provided the consultant ETC or the TMO staff have received certified training and the site maintains an on-site coordinator.

2. If the absence of a certified ETC, consultant ETC, or on-site coordinator exceeds 8 consecutive weeks, a substitute ETC or on-site coordinator at the same level must be designated and trained. Written notice of such a change must be submitted to the Director of Transportation with proof of training no later than 12 weeks after the beginning of the absence.

G. Emission Reduction Factors. The Employee emission reduction factors (pounds per Employee per year) used in calculations pursuant to this ordinance and SCAQMD Rule 2202 are specified in Rule 2202-On-Road Motor Vehicle Mitigation Options Implementation Guidelines and shall be used in calculations pursuant to this rule. The Employee emission factors 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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.80 Procedures for Submission of Emission Reduction Plans A. Any Employer who establishes a new Worksite in the City of Santa Monica, or whose Employee population increases to more than 30, will be required to submit an ERP to the City of Santa Monica. Employers are required to provide notice to the Director of Transportation within 30 calendar days of establishing a new

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Packet Pg. 271 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) Worksite, or increasing Employee population. The notice shall be written, and include the Employer’s name, the business and mailing address, the number of Employees reporting to the Worksite and the name of the highest-ranking official at the Worksite. Upon receipt of the notice, the City shall provide written notification to the Employer and 90 calendar days thereafter the Employer shall submit a plan and shall be subject to all provisions of this Chapter.

B. Any Employer who has submitted a plan pursuant to this Chapter and whose Employee population falls to fewer than 30 Employees for a 6-month period, calculated as a monthly average, may submit a written request to the Director of Transportation to be exempt from this Chapter. The Employer must submit documentation which demonstrates an Employee population of less than 30 Employees. Such demonstration could be made by payroll records or other appropriate documentation.

C. Employers with 30 or More Employees.

1. All Employers with 30 or more Employees, located within the City of Santa Monica and subject to this Chapter, shall submit to the City, within 90 calendar days of receipt of written notice to implement an ERP designed to reduce emissions related to Employee commutes and to meet a Worksite specific Emission Reduction Target (ERT) specifying pounds of emissions per Employee for the subsequent year.

2. Employers required to submit an ERP shall identify measures in their ERP that will result in attainment of their emission reduction targets through the

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Packet Pg. 272 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) Emission Reduction Plan specified in this Chapter within 90 calendar days of written notification by the City.

D. [Intentionally Left Blank]
E. Multi-Site Employers of 250 or More Employees.

1. Multi-site Employers of 250 or more employees, with one or more sites located outside the City of Santa Monica, but within the South Coast Air Basin and subject to SCAQMD Rule 2202, have the option of filing a Rule 2202 plan with the SCAQMD, or filing an ERP with the City of Santa Monica.

Employers choosing to file a Rule 2202 plan with the SCAQMD will be required to notify the Director of Transportation in writing no later than 15 business days prior to the plan due date.

2. Multi-site Employers of 250 or more Employees, with Worksites owned or leased by the same Employer and located wholly within the City of Santa Monica, upon the Director of Transportation’s approval of a written request, may submit a single ERP encompassing all Worksites.

F. All Employer ERPs shall be consistent with any plans previously submitted by the Developer of the property at which the Worksite is located, provided however, that where requirements of this Chapter are more stringent, the requirements of this Chapter shall apply.

G. If an Employer’s ERP due date falls on a day City Hall is normally closed (i.e., weekend, holiday, 9/80 Friday off), the Employer may submit the ERP on the first business day after the plan due date.

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Packet Pg. 273 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) H. If an ERP is mailed to the City, the plan must be submitted on or before the plan due date. If the plan is submitted after the plan due date, the plan shall be considered late and the Employer shall be charged a penalty of 25% of the total Employer Annual Transportation Fees and forfeit any discount given for attainment of the applicable AVR target in the a.m. and p.m. windows.

I. After an Employer submits a plan, the Director of Transportation must either approve or disapprove the plan within 90 calendar days.

1. Written notice of approval or disapproval shall be given. If the plan is disapproved, the reasons for disapproval shall be given in writing to the Employer.

2. Once the plan is approved, the Employer will have 60 calendar days from the date of approval to implement all aspects of the plan.

3. Any plan disapproved by the Director of Transportation must be revised by the Employer and resubmitted to the Director of Transportation within 30 calendar days of written notice of disapproval or the Employer shall be deemed in violation of this Chapter. The City has 90 calendar days to review the resubmitted plan.

4. Upon receipt of the second disapproval written notice, and until such time as a revised plan is submitted to the Director of Transportation, the Employer is in violation of this Chapter.

J. An approved ERP may be revised between plan submittal dates by submitting a plan revision in writing to the Director of Transportation. The revision shall not be effective until approved by the Director of Transportation.

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Packet Pg. 274 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) K. Employers who relocate to another worksite within the City of Santa Monica shall notify the City in writing of relocation within 30 calendar days. The City shall notify the Employers in writing to submit an updated version of the Employee profile and worksite analysis of the ERP.

L. No Employer of 250 or more Employee s shall be responsible for complying with this Chapter if the City and the SCAQMD have an agreement which provides an exception to those Employers from the requirements of filing a Rule 2202 plan with the SCAQMD. If at any time the City fails to meet its obligation under the executed agreement, Employers of 250 or more employees in the City shall be released from this Chapter and shall be subject to compliance with the SCAQMD Rule 2202 requirements. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.90 Employer Monitoring and Enforcement
A. Audits.

1. City Audits. The City shall perform audits on a selective basis. Employers shall receive at least 5 days’ written notice of such an audit. An audit may include, but shall not be limited to, an on-site inspection and demonstration that an Employer is performing the on-going monitoring required by this Chapter.

2. Compliance Inspection. Any Employer subject to this Chapter is subject to a compliance inspection. This inspection will require access to records that demonstrate implementation and monitoring of the Employer’s Emission Reduction Plan.

B. Violations of this Chapter.

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Packet Pg. 275 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading)

1. No business license shall be renewed if an Employer has not paid the fees required by this Chapter.

2. Failure to submit an initial plan when due, annual report and plan update when due, or mandatory plan revisions when due, or failure to implement provisions of an approved plan as set forth in the plan implementation schedule, failure to keep records, falsification of records, failure to have a certified ETC or designated on-site coordinator on site if required, or failure to submit proper fees in accordance with this Chapter is a violation of this Chapter. Additionally, upon receipt of a second disapproval notice and until such time as a revised plan is approved by the City, the Employer shall be deemed in violation of this Chapter.

3. If an Employer chooses the Employee Trip Reduction option and complies with all provisions of the approved plan but fails to meet the applicable AVR targets, that is not a violation of this Chapter, however, the City shall require the Employer to provide additional incentives and marketing strategies in the ETRP with the goal of increasing the Employer’s AVR. Failure to obtain an approved updated plan shall be a violation of this Chapter.

4. If an Employer chooses any emission reduction option (excluding the Employee Trip Reduction option), the Employer must meet the required emission reduction targets for that plan year. Failure to do so will be considered a violation of this Chapter.

5. Each day an Employer violates the provisions of this Chapter or the terms and conditions of any approved ERP shall constitute a separate violation.

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Packet Pg. 276 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) C. Enforcement Actions. In addition to any other remedy provided for by law, the City may take the following actions for violations of this Chapter or the terms and conditions of any approved ERP.

1. Require the addition of elements to an ERP submitted by an Employer.

2. Revoke any approval of an ERP.

3. Revoke the business license held by any violator.

4. Impose administrative remedies as provided for in Chapter 1.09 or 1.10.

5. Any person violating any provision of this Article of the Municipal Code shall be guilty of an infraction, which shall be punishable by a fine not exceeding $250.00, or a misdemeanor, which shall be punishable by a fine not exceeding $1,000.00 per violation, or by imprisonment in the County Jail for a period not exceeding 6 months, or by both such fine and imprisonment.

6.  Any person convicted of violating any provision of this Chapter shall be ordered to reimburse the City its full investigative costs.

7. Notwithstanding any other provisions of this Chapter regarding penalties for enforcement actions or for violations, for violators with 250 or more Employees, the City, in addition to any other remedies under this Chapter, shall refer the matter to the SCAQMD for appropriate action in accordance with the Memorandum of Understanding executed between the City and the SCAQMD. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.100 Administrative Appeals
A. Disapproval of an ERP by the Director’s designee, including a revision of such a plan, may be appealed to the City.

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Packet Pg. 277 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) B. An appeal of an action by the Director’s designee shall be filed with the City within 10 calendar days following the date of the action from which an appeal is taken. If no appeal is timely filed, the action taken by the Director’s designee shall be final.

C. A hearing on an appeal shall be scheduled within 60 calendar days of the date of filing an appeal. Notice of an appeal hearing shall be mailed to the appellant not less than 10 calendar days prior to the hearing scheduled before the Director or Hearing Officer.

D. A written decision on an appeal shall be issued 30 calendar days from the date of the hearing.

E. An action by the Director’s designee that is appealed to the Director or Hearing Officer shall not become effective unless and until approved by the Director or Hearing Officer.

F. A decision of the Director or Hearing Officer shall be final except for judicial review and there shall be no appeal to the Commission or City Council. (Added by Ord.

No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 48, adopted June 14, 2016; Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.110 Developer TDM Fee
A. Developer Annual TDM Fee. An annual Developer TDM fee shall be required for Developers of projects that will result in the new construction of:
a. Nonresidential projects: 7,500 square feet or more.
b. Residential projects: 16 or more residential units.

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Packet Pg. 278 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) c. Mixed-use projects: 16 or more residential units with any associated nonresidential floor area or 7,500 sf or more of nonresidential floor area with any number of residential units.

B. Developer TDM fees collected pursuant to this Chapter shall be deposited into an account separate from the General Fund. The purpose of the Developer TDM fee is to pay for the cost of administration, including TDM outreach and support and City TMO formation activities, implementation, investigation, inspection, audit, and enforcement of this Chapter. The fee shall be established by resolution of the City Council and amended from time to time and shall be payable prior to issuance of Certificate of Occupancy and annually thereafter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.120 Procedures for Submission of Developer TDM Plan A. Preliminary TDM Plan Required. Developers shall be required to submit a Preliminary Developer TDM Plan meeting the requirements of Section 9.53.130(A), with the exception of paragraphs (3), (4), and (7), at the time of application for the project’s planning entitlement for new construction applications.

B. Time Limits for Review. The Director of Transportation shall provide initial comments to the Developer on the Preliminary Developer TDM Plan within 30 calendar days of application submittal.

C. Approval Required. The Director of Transportation shall approve or disapprove the Preliminary Developer TDM Plan prior to project approval by the Planning

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Packet Pg. 279 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) Division, Planning Commission, or the City Council, based on the following findings:

1. Inclusion of all applicable components of a Developer TDM Plan in this Chapter.

2. Whether the Developer TDM Plan clearly outlines site-specific strategies.

3. Likelihood of program measures to achieve applicable AVR Target.

D. Notice. Notice of approval or disapproval shall be given in writing to the Developer.

Any plan disapproved by the Director of Transportation must be revised by the Developer and resubmitted to the City within 30 calendar days of the notice of disapproval.

E. Physical Components. Prior to issuance of a building permit, physical components of the Plan must be shown on the construction drawings and be approved by the Director of Transportation.

F. Final TDM Plan Required. Prior to issuance of a Temporary Certificate of Occupancy or a Certificate of Occupancy, a Final Developer TDM Plan for new construction projects, in accordance with Section 9.53.130 shall be submitted for review and approval by the Director of Transportation. The Final Developer TDM Plan shall also be recorded against the property to ensure compliance with this Chapter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.130 Content of the Final Developer TDM Plan

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Packet Pg. 280 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) A. Final Developer TDM Plan Format. The Final Developer TDM Plan shall result in the Developer achieving the applicable AVR Target in this Chapter and shall include:

1. Project description.

2. Site conditions that affect commute travel.

3. Statement of commitment from the property owner to:
a. Conduct annual surveys in conformance with this Chapter to determine commute trip behavior including collection of data on Employee means of travel, arrival time, and interest in information on ridesharing opportunities (this shall not be applicable to residential units); b. Monitor Developer TDM Plan; and
c. Report annually in a manner required by this Chapter.

4. Annual budget to implement Developer TDM Plan.

5. Duties, responsibilities, and qualifications of a certified PTC.

6. Developer TDM Plan program measures.

7. Implementation strategy that specifies how the Developer TDM Plan will be implemented, monitored, and who will be responsible for submitting annual status reports to the City.

B. Physical and Programmatic Elements. The Developer TDM Plan program measures shall include the following:

1. Physical Elements. In addition to all physical facility improvements required by Chapter 9.28, Parking, Loading, and Circulation, the following

10.A.a
Packet Pg. 281 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) additional physical elements shall be required to be implemented by the Developer to the satisfaction of the City:
a. On-Site Transportation Information. On-site transportation information located where the greatest number of Employees, visitors, and residents are likely to see it. Such transportation information may be provided in an on-site physical location, such as a bulletin board, digital screen, or kiosk, or through other media, such as on a website or other digital means. Information shall include, but is not limited to, the following:
i. Current maps, routes, and schedules for public transit routes within one-half mile of the project site.
ii. Transportation information including regional ridesharing agency, local transit operators, and certified TMO where available.
iii. Ridesharing promotions material supplied by commuteroriented organizations. iv. Bicycle route and facility information, including rental and sales locations, regional/local bicycle maps, and bicycle safety information within one-half mile of the project site. v. Information about Shared Mobility providers operating within the City.
vi. A list of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.

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Packet Pg. 282 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) vii. Walking and biking maps for Employees and visitors, which shall include, but not be limited to, information about convenient local services and restaurants within walking distance of the project.
viii. Information to commercial tenants and Employee s of the project regarding local rental housing agencies.

2. Programmatic Elements. Additional programmatic elements shall also be included in the Developer TDM Plan program measures based on the type of development as follows:
a. Project Transportation Coordinator. A designated Project Transportation Coordinator shall manage all aspects of the Developer TDM Plan and participate in City-sponsored workshops and information roundtables. The PTC shall be responsible for making available information materials on options for sustainable or active transportation modes and opportunities particularly programs that involve commuter subsidies such as Parking Cash Out and vanpool subsidies. In addition, transit fare media and day/month passes will be made available through the PTC to Employees, visitors, and residents during typical business hours. In the event that the project is sold or transferred, Developer shall notify the City of the new point of contact for the successor and/or new PTC for the project within 30 calendar days of such sale or transfer.

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Packet Pg. 283 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) b. Nonresidential Projects and Nonresidential Components of MixedUse Projects. Nonresidential projects that result in the addition of 7,500 square feet of floor area or more and the nonresidential portion of mixed-use projects shall provide, at minimum, the following programmatic elements:
i. New Employee orientation.
ii. Parking Cash Out.
iii. Incentives for Employees that live within one-half mile of workplaces.
iv. Information regarding availability of bike commute training offered either on-site or by a third party.
v. Free on-site shared bicycles intended for Employee use during the work day (e.g., Bike@Work program). This shall be optional if Citywide bikeshare is available within a 2-block radius of the project site.
vi. Commuter matching services for all Employees on an annual basis, and for all new Employees upon hiring.
vii. Information regarding benefits of: compressed work schedule, flex-time schedule, telecommuting, and guaranteed ride
home.
viii. Transportation allowance equal to at least 50% of the current cost of a monthly regional transit pass of the Employee’s choice (e.g., Big Blue Bus 30-day Pass, Metro EZ Pass, Metro

10.A.a
Packet Pg. 284 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) TAP or equivalent). Within the Downtown Community Plan
area, the transportation allowance shall equal at least 100% of the current cost of a monthly regional transit pass of the Employee’s choice (e.g., Big Blue Bus 30-day Pass, Metro EZ Pass, Metro TAP or equivalent). An Employee accepting the transportation allowance shall be required to execute a contract agreeing said Employee will not utilize a single occupancy vehicle for the majority (at least 51%) of their daily commute distance more than 5 business days per month. The contract shall also specify the Employee’s alternative
commute mode (e.g., transit, bike, walk). Within the
Downtown Community Plan area, daily transportation
allowance, equal to the value of the applicable monthly transportation allowance divided by 20, shall be offered to all eligible Employees. To receive the daily transportation allowance eligible Employees shall not be receiving the monthly transportation allowance and shall be required to submit a daily commute tracking form agreed that said
Employees utilized an eligible non-single occupancy vehicle mode for at least 51% of their daily commute. The Employee must demonstrate compliance as reasonably required by the property owner.

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Packet Pg. 285 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) ix. Customer and visitor incentives for uses with significant numbers of customers and visitors such as retail, food service, hospitality, and medical office:

1. Customer incentive program.

2. Public directions prioritizing rideshare modes.

3. Special event rideshare services.

4. Shared ride service.
x. Any additional measures that would result in the Developer achieving the applicable AVR target.
a. Residential Projects and Residential Components of Mixed-Use Projects. Except as provided in subsection iv, projects that result in the addition of 16 residential units or more and the residential portion of mixedused projects shall include the following programmatic elements:
i. Transportation Welcome Package for Residents. Provide all new residents with residential component of the project site with a welcome package on a per-unit basis. The welcome package shall, at minimum, include the information required in subdivision (1)(a) of this subsection (B) (Physical Elements—On-Site Transportation Information).
ii. Local Preference Marketing Plan. Prepare and implement a marketing and outreach program for the rental of units that targets:
(A) Employees of businesses located within a one-half mile radius of the project; (B) Employees of the local hospitals; (C) Employees of

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Packet Pg. 286 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) the Santa Monica Malibu Unified School District; (D) Employees of the City’s police and fire departments; (E) Employees of businesses outside the one-half-mile radius but within the City of Santa Monica.

In leasing units, the Developer shall give priority to applicants in the foregoing categories provided that all such applicants meet generally applicable leasing qualifications and criteria imposed by the Developer. Nothing in this Chapter shall require that any residential units be occupied by such persons.
iii. TMO Participation. Active participation in the formation and ongoing activities of a certified TMO, if established and includes the project site, including payment of annual dues at a level so that trip reduction services are provided as set forth by the TMO, attendance at organizational meeting, providing travel and parking demand data to the TMO, and making available information to project tenants relative to the services provided by the TMO.
iv. Transportation Allowance. Offer a monthly transportation allowance equal to at least 50% of the current cost of a monthly regional transit pass of the resident’s choice (e.g., Big Blue Bus 30-Day Pass, Metro EZ Pass, Metro TAP Pass or equivalent). Within the Downtown Community Plan area, the transportation allowance shall equal at least 100% of the current cost of a monthly regional transit pass of the resident’s choice (e.g. Big Blue Bus 30-Day Pass, Metro EZ Pass, Metro TAP Pass or equivalent). The transportation allowance

10.A.a
Packet Pg. 287 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) shall be offered to all residents listed on a lease and their immediate family living at the same address. Immediate family includes spouse, partner, children, parents, grandparents, brother, sister, father-inlaw, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, sister-in-law, and brother-in-law. A resident accepting the transportation allowance shall not lease parking and shall be required to execute a contract agreeing that said resident does not own or long-term lease an automobile in association with a residential use in Santa Monica and will not own or long-term lease an automobile in association with a residential use in Santa Monica for so long as they are in receipt of the transportation allowance. The contract shall also specify the resident’s non-single occupancy vehicle commute mode (e.g., transit, bike, walk). Children who reside full-time at the building shall be eligible for the transportation allowance if the parent that is primarily responsible for transporting the child is also eligible for the transportation allowance. The child’s parent or guardian shall sign an affidavit stating that the child permanently resides at the building on a full-time basis, and the child is primarily transported by a parent or guardian on the lease that is eligible for the transportation allowance. Notwithstanding the foregoing, if a project is a 100% affordable housing project, as defined by Santa Monica Municipal Code Section 9.52.020.0050, and does not include any off-site affordable units that satisfy another

10.A.a
Packet Pg. 288 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) multiple-unit dwelling project’s obligations under Santa Monica Municipal Code Chapter 9.64, then this subsection shall not apply to require the project to offer a transportation allowance.

C. Developer TDM Plan Applicable to Project Occupants. The Developer shall ensure that compliance with the Developer TDM Plan is included as a requirement in lease documents and any other agreements for occupancy in the project in order to inform and commit project occupants to applicable measures of the approved Developer TDM Plan.

1. All Projects. Allowing Employees and residents to participate in campaigns that promote use of carpools, vanpools, transit, walking, bicycling, carshare, bikeshare, and other trip reduction efforts.

2. Nonresidential Projects. For nonresidential projects and nonresidential components of mixed-use projects, participating in the annual project commute survey.

D. Employer Worksite Plan Consistency. Employer ERPs and submitted subsequent to the approval of a Developer TDM Plan shall be consistent with the approved Developer TDM Plan, at a minimum, unless the Director of Transportation approves alternative plan components.

E. Recording Required. Prior to Certificate of Occupancy, the Developer shall record an agreement, in a form acceptable to the City, that makes the Developer TDM Plan a condition of property ownership. The agreement shall include provisions to:

10.A.a
Packet Pg. 289 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading)

1. Guarantee adherence to the TDM objective and perpetual obligations of the Developer TDM Plan for all legal parcels within the site regardless of property ownership.

2. Inform all subsequent property owners of requirement of the Developer TDM Plan.

3. Inform the Director of Transportation of any change in ownership.

4. Identify consequences of noncompliant performance. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2552CCS § 1, adopted August 8, 2017; Ord. No. 2606CCS § 18, adopted April 9, 2019; Ord. No. 2638CCS § 1, adopted May 26, 2020; Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.140 Monitoring and Remedies for Violating Developer TDM Plan A. Annual Monitoring Required. Developer shall submit an annual monitoring report on the Developer TDM Plan (“Developer TDM Annual Status Report”) starting on the first anniversary of issuance of the project’s Certificate of Occupancy or Temporary Certificate of Occupancy, if applicable. The annual monitoring report shall include the following:

1. Confirmation of compliance with all Developer TDM Plan elements.

2. For nonresidential projects and nonresidential components of mixed-use projects, AVR calculations and documentation for the monitoring year based upon cumulative Employee surveys for the project undertaken for one consecutive week each year. The survey must be conducted in

10.A.a
Packet Pg. 290 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) accordance with Section 9.53.060(B) except that Zero Emission Vehicles shall be counted as vehicles.

3. Updated statement of commitment from property owner.

4. Updated annual budget to implement Developer TDM Plan.

5. Contact information including name, e-mail address, and proof of certification of the PTC who is responsible for the preparation, implementation, and monitoring of the Developer TDM Plan.

6. Effect of the Developer TDM Plan on on-site transportation choice, parking availability, and transit ridership.

7. Updated implementation strategy.

B. Time Limits for Review. The Director of Transportation shall provide the property owner written notification indicating whether the TDM Annual Status Report is approved or deemed unacceptable within 45 calendar days of its receipt.

Alternatively, the Director of Transportation may notify the property owner in writing of an extension of this deadline of no more than 15 calendar days.

C. Violations. Violations of the Developer TDM Plan shall include but not be limited to failure to:
i. Submit a TDM Annual Status Report.
ii. Pay the Developer TDM Fee.
iii. Implement strategies contained in the Developer TDM Plan. iv. Achieve the established AVR requirement.

D. Remedies for Violation.

10.A.a
Packet Pg. 291 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading)

1. If the Developer commits a violation other than not achieving the applicable AVR target, the City shall issue a written warning and the Developer shall have 30 calendar days from receipt of the notice to correct the violation. If the Developer continues to commit the violation 60 calendar days after receipt of the first written warning, the Developer shall be subject to a fine of $5/residential unit/day and $5/Employee in the project/day. The fine shall be deposited in accordance with Section 9.53.110. In the case of mixed-use projects that include both residential units and Employees, the fine shall be calculated separately for each use.

2. If the annual monitoring report shows that the applicable AVR Target has not been achieved for the project, then the Developer shall submit a list of modifications to the Developer TDM Plan to the Director of Transportation for approval within 60 calendar days of the report submittal. The Director of Transportation shall review the list of modifications and may also recommend modifications to the Developer TDM Plan, as appropriate, in order to ensure that the applicable AVR target is achieved. Upon approval of the requested changes, the Developer shall have 30 calendar days to implement the approved measures. Developer shall then submit a followup monitoring report within 6 months of implementation of the new measures. If the project continues to not achieve the applicable AVR Target, Developers have the option of:
a. Continuing to implement additional measures for approval by the Director of Transportation.

10.A.a
Packet Pg. 292 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) b. Alternatively bring the project AVR into alternative compliance through the payment of an Alternative Compliance Fee pursuant to Section 9.53.140(E).

3. If the project continues to not be in substantial compliance with the Developer TDM Plan, the City shall have the option to:
a. Withhold the issuance of building permits, certificates of occupancy, and other City issued permits or licenses.
b. Issue a stop work order.
c. Request that the City Attorney take appropriate enforcement action.

Referral to the City Attorney is not a condition precedent to any enforcement action by the City Attorney.

E. Alternative Compliance if AVR Target Is Not Achieved. If a project does not achieve the applicable AVR Target established for the project, Developer may choose to pay an Alternative Compliance Fee to off-set the AVR Target in order to achieve the AVR Target/work day. The fee shall only be applicable upon completion of a fee study and shall be established by resolution of the City Council.

The fee shall be based on the following calculation:

Step 1:

Total Number of Employee Trips Per
Week
=
Total Number of Vehicle
Trips
AVR Produced by Project Per
Week
Step 2:

Total Number of Employee Trips Per
Week =
Total Number of Vehicle Trips
Allowed

10.A.a
Packet Pg. 293 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) AVR Target to Achieve Target AVR Per Week
Step 3:

Total Number
of Produced
Trips
-
Total Number of
Allowable Trips =
Vehicle Trip Reduction
Necessary to Achieve
AVR Target =
Daily Vehicle
Reduction Needed to
Achieve AVR Target 5
Step 4:

Alternative Compliance Fee = Compliance Fee x Daily Vehicle Reduction Needed to Achieve AVR Target x work days per year (based on 22 work days per month) F. Procedures for Modification of Developer TDM Plan. Developer may submit a request to modify the Developer TDM Plan with such request to be approved by the Director of Transportation. Approval to modify the Developer TDM Plan may be granted if the modifications are: (1) likely to result in the project achieving its applicable AVR Target; and (2) are equally or more effective as the measures that are being modified. Developer shall provide quantifiable evidence, analysis, or consultant report that demonstrates the requested changes will not cause the project AVR to decrease.

G. Combined TDM Annual Status Report for Multiple Projects. Upon the Director of Transportation’s approval of a written request, a Developer may submit a single TDM Annual Status Report encompassing multiple projects to the requirements of this Chapter if the projects are owned by the same Developer and located wholly within the City of Santa Monica.

H. Maintenance of Detailed Records Required. Developers must keep detailed records of the documents which verify the average vehicle ridership calculation for a period of 3 years from plan approval date. Monitoring mechanisms which verify

10.A.a
Packet Pg. 294 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) that the Developer TDM Plan has been implemented shall be kept for a period of at least 3 years from plan approval date. Monitoring mechanisms may include, but not be limited to:

1. Printed documentation of site features (e.g., location of carpool and vanpool parking spaces).

2. Photographs of TDM program facilities (e.g., vanpool and carpool parking spaces).

3. Field site inspections by the City.

4. Other building site reports and surveys that the City may deem appropriate.

5. Approved Developer TDM Plans must be kept at the project site by the PTC.

Failure to maintain records or falsification of records will be deemed a violation of this Chapter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.150 Transportation Management Organizations (TMOs) A. Employers and Developers may propose to use the services of a City-certified TMO to implement their Employer Trip Reduction Plans or Developer TDM Plans provided that membership in a City-certified TMO includes payment of annual dues at a level so that trip reduction services are provided, as set forth by the TMO.

B. The City may certify TMOs that submit a first-year work plan which outlines the following:

10.A.a
Packet Pg. 295 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading)

1. A mission statement which describes the reasons for the organization’s existence and the overriding goals of the TMO, including how the TMO will implement the goals of the LUCE and No Net New p.m. Peak Trips.

2. Goals and objectives for the first year which target achievement of the mission statement. Specific activities and tasks shall be listed to show how the members will be served by the TMO and how the TMO will help meet the area and regional transportation and air quality goals.

3. A plan for a baseline survey of commuters and Employers in the area to establish existing commuter characteristics and attitudes of commuters towards traffic and the use of commute options. The Employer survey shall obtain a descriptive profile of existing programs and Employer attitudes toward developing new programs.

4. The services to be provided by the TMO to its members, including the commute options to be provided and promoted, the advocacy and marketing activities planned including in-person outreach to Employees, and the role of the TMO staff in providing the services.

5. A marketing plan which creates an identity for the TMO and which describes how the TMO’s planned services will be marketed to member Employers and their Employees.

6. A monitoring and evaluation plan which will be used to measure progress against goals and objectives, including results of the TMO’s activities with each member. This plan will be used to provide annual reporting information to the City.

10.A.a
Packet Pg. 296 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading)

7. A budget which details how the work of the TMO will be accomplished, including details of public and private financing and expenditures.

C. The TMO must provide an annual report to the City to become recertified yearly.

The annual report shall include the same elements as the first year plan with the following exceptions:

1. The mission statement shall be revised based on changes in the goals and objectives of the TMO, if any.

2. The goals and objectives shall be updated to reflect progress and changes in the TMO services.

3. The baseline survey need not be repeated; however, the annual report shall include follow-up monitoring and evaluation activities related to the baseline survey.

4. The evaluation and results shall be discussed and used to describe the next year’s planned activities. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining

10.A.a
Packet Pg. 297 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) 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 the Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective thirty days after adoption.

APPROVED AS TO FORM:
________________________
Douglas Sloan, City Attorney

10.A.a
Packet Pg. 298 Attachment: ORD-pl-TDM Ordinance 2d (6486 : TDM Ordinance - Second Reading) 1 David Yakobson
From: Cynthia Rose <[email protected]>
Sent: Tuesday, June 25, 2024 11:35 AM
To: councilmtgitems; Council Mailbox; Gleam Davis; Jesse Zwick; Caroline Torosis; Lana Negrete; Oscar de la Torre; Phil Brock; Christine Parra Cc: David White; [email protected]
Subject: Agenda Items: Support 10A, 10B, 16B, 16D -- Oppose Item 16E Attachments: 2024-06 CC Agenda Items 10A-10B-16B-16D-16E .pdf Follow Up Flag: Follow up
Flag Status: Completed

EXTERNAL
June 25th Council Meeting Agenda items
Support items 10A, 10 B, 16B, 16D
Oppose Item 16E
Dear Santa Monica Mayor and City Council:

Please see our attached comments in support or opposition to items on the June 25th Council Meeting Agenda items:
- Support items 10A, 10B, 16B, 16D
- Oppose Item 16E
Cynthia Rose and Cris Gutierrez
--
Cynthia Rose
Director
Santa Monica Spoke
SMSpoke.org
I acknowledge with respect and gratitude the Tongva, Kizh, and Chumash Peoples on whose traditional territory I live and work.

Item 10-A
June 25, 2024
Item 10-A
June 25, 2024

10.A.b
Packet Pg. 299 Attachment: Written Comments (6486 : TDM Ordinance - Second Reading) A community group dedicated
to biking and walking in Santa Monica.

Working to make the
City of Santa Monica a
more sustainable,
bikeable & walkable place to live,
work and play.

June 25, 2024
Subject: June 25th Council Meeting Agenda items
Support items 10A, 10 B, 16B, 16D
Oppose Item 16E
Dear Santa Monica Mayor and City Council:

Support Item 10A and 10B

A. Support adoption of 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
B. Support Adoption of an Ordinance that Supports Electric Vehicle Charging Access by Adopting Local Amendments to the 2022 California Green Building Standards Code.

Support Item 16B:

Santa Monica Spoke and the Santa Monica Safe Street Alliance fully support the Council item 16B to direct the City Attorney to prepare a resolution that addresses the false and harmful signs on the 3rd Street Promenade disparaging our City Manager and the City at large, also conjuring lies about the LA County needle-exchange program. Those signs abuse our First Amendment free speech rights, threatening personal and public safety, the City’s reputation and the City’s economic recovery.

Please approve item 16B expeditiously so that Santa Monica can be proud of our civility and the potentially kind way that we treat others in Santa Monica and to enjoy the amenities and business on the 3rd Street Promenade that contribute to a clean and safe community and to our potentially vibrant economy.

Support Item 16D:

Our full support also applies to Item 16D to expand the Preserving our Diversity Program (POD) with clear considerations of elderly residents in the Pico Neighborhood experiencing poverty. The specifications identified to assist elderly Pico neighbors who qualify for POD are important requirements to fulfill our City’s and community’s expectations and aspirations to protect the vulnerable in our midst. Sometimes, it is too easy to miss something to help keep us attentive. Item 16D calls out new ways to assist POD applicants and to determine fair decisions about who receives POD aid.

Opposed Item 16E:

Finally, we oppose Agenda Item 16E to add a parcel tax measure to the November ballot. At this time, an unpolled measure, particularly for a parcel tax that is usually used for schools, is not a wise choice.

Sincerely,
Cynthia Rose
Director, Santa Monica Spoke Cris Gutierrez
Co-Chair, Santa Monica Safe Street Alliance Co-Chair, Santa Monica Safe Streets Alliance SMSpoke.org
SaMoSafeStreets.org
Item 10-A
June 25, 2024
Item 10-A
June 25, 2024

10.A.b
Packet Pg. 300 Attachment: Written Comments (6486 : TDM Ordinance - Second Reading) City Council
Report
City Council Meeting: June 25, 2024
Agenda Item: 10.B
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance 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 adopt the attached Ordinance.

Executive Summary
At its meeting on June 11, 2024, the City Council introduced for first reading an Ordinance that supports electric vehicle charging access by adopting local amendments to the 2022 California Green Building Standards Code. The ordinance is now presented to the City Council for adoption.

Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:

A. ORD-ose-EV Charger Ordinance 2d
B. Written Comments

10.B
Packet Pg. 301
1 City Council Meeting: June 25, 2024 Santa Monica, California ORDINANCE NUMBER_______ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

AMENDING ARTICLE VIII OF THE SANTA MONICA MUNICIPAL CODE TO ADOPT LOCAL AMENDMENTS TO THE 2022 CALIFORNIA GREEN BUILDING

STANDARDS CODE RELATING TO ELECTRIC VEHICLE PARKING

REQUIREMENTS FOR NEWLY CONSTRUCTED BUILDINGS
WHEREAS, the California State Building Standards Commission approved and published the 2022 edition of the California Building Standards Code on July 1, 2022, and such code became effective on January 1, 2023; and
WHEREAS, the 2022 California Building Standards Code includes the 2022 California Green Building Standards Code; and
WHEREAS the July 2024 Intervening Code Cycle update to the 2022 California Green Building Standards Code takes effect July 1, 2024; and WHEREAS, California Health and Safety Code Sections 17958.7 and 18941.5 provide that the City may make changes or modifications to the building standards contained in the California Building Standards Code based upon express findings that such changes or modifications are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, Section 101.7.1 of the 2022 California Green Building Standards Code provides that for the purposes of local amendments to the 2022 California Green Building Standards Code, local climatic, topographical, or geological conditions include local environmental conditions as established by the City; and WHEREAS, at its September 27, 2022 meeting, the Council adopted a resolution making findings regarding local climatic, geological, topographical, and environmental

10.B.a
Packet Pg. 302 Attachment: ORD-ose-EV Charger Ordinance 2d (6487 : EV Charging Ordinance - Second Reading) 2 conditions to support certain local amendments to the 2022 California Green Building Standards Code; and
WHEREAS, at its September 27, 2022 meeting, the Council enacted an ordinance adopting and making certain local amendments to the 2022 California Green Building Standards Code; and
WHEREAS, consistent with the City’s May 2019 Climate Action & Adaptation Plan, the local amendments to the 2022 California Green Building Standards Code implemented by this ordinance will increase the use of renewable energy and reduce greenhouse gas emissions; and
WHEREAS, local amendments to the 2022 California Green Building Standards Code through the 2024 Intervening Code Cycle relating to building electrification and electric vehicle readiness were the subject of a public stakeholder workshop conducted on April 4, 2024 at which attendees included architects, energy modelers, designers, builders, developers, and other local stakeholders; and WHEREAS, local amendments to the 2022 California Green Building Standards Code relating to building electrification and electric vehicle readiness were reviewed with the Commission on Sustainability, Environmental Justice, and the Environment and its Electric Vehicle Subcommittee at multiple meetings in 2024; and WHEREAS, at its March 18, 2024 meeting, the Commission on Sustainability, Environmental Justice, and the Environment determined to recommend that the City Council adopt the local amendments to the 2022 California Green Building Standards Code (in accordance with the 2024 Intervening Code Cycle) implemented by this ordinance; and

10.B.a
Packet Pg. 303 Attachment: ORD-ose-EV Charger Ordinance 2d (6487 : EV Charging Ordinance - Second Reading) 3 WHEREAS, at its May 14, 2024 meeting, Council formally adopted the 2022 California Green Building Standards Code; and
WHEREAS, once adopted by the City Council, the local amendments to the 2022 California Green Building Standards Code will, in accordance with Health and Safety Code Section 17958.7, be submitted to the California Building Standards Commission for filing, and shall become effective 30 days after this submission; and

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

SECTION 1. Purpose
It is the purpose and intent of this Ordinance to adopt local modifications and changes to the 2022 California Green Building Standards Code (Title 24, Part 11) that provide local standards for new residential, non-residential, and hotel and motel buildings that exceed the minimum standards of the 2024 Intervening Code update to the 2022 California Green Building Standards Code reduce greenhouse gas emissions.

SECTION 2. Section 8.106.110 of the Santa Monica Municipal Code are hereby amended to read as follows:

Section 4.106.4 of the 2022 California Green Building Code and its subsections are amended to read as follows:

A4.106.8 Electric vehicle (EV) charging for new construction.

New construction shall comply with Section A4.106.8.1 or A4.106.8.2, to facilitate the installation and use of EV ready spaces. Electric vehicle supply equipment (EVSE) shall comply with the California Electrical Code.

10.B.a
Packet Pg. 304 Attachment: ORD-ose-EV Charger Ordinance 2d (6487 : EV Charging Ordinance - Second Reading) 4 A4.106.8.1 New one- and two-family dwellings and townhouses with attached private garages.

Tier 1 and Tier 2. For each dwelling unit, a dedicated 208/240-volt branch circuit shall be installed in the raceway required by Section 4.106.4.1. The branch circuit and associated overcurrent protective device shall be rated at 40 amperes minimum. Other electrical components, including a receptacle or blank cover, related to this section shall be installed in accordance with the California Electrical Code.

A4.106.8.1.1 Identification.

The service panel or subpanel circuit directory shall identify the overcurrent protective device designated for future EV charging purposes as “EV READY” in accordance with the California Electrical Code. The receptacle or blank cover shall be identified as “EV READY.”
A4.106.8.2 New multifamily dwellings, hotels and motels.

New multifamily dwellings, hotels and motels shall meet the following requirements.

A4.106.8.2.1 Multifamily dwellings, hotels and motels
Tier 1. New multifamily projects shall comply with Option A.

Option A for new multifamily dwellings, hotels and motels.

1. EV Ready parking spaces with receptacles.
a. Hotels and motels. Fifty (50) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. b. Multifamily parking facilities. Fifty (50) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles.

10.B.a
Packet Pg. 305 Attachment: ORD-ose-EV Charger Ordinance 2d (6487 : EV Charging Ordinance - Second Reading) 5 EV charging receptacles required by this section shall be located in at least one assigned parking space per dwelling unit where assigned parking is provided but need not exceed fifty (50) percent of the total number of assigned parking spaces provided on the site.

Exceptions:

1. Areas of parking facilities served by parking lifts, including but not limited to automated mechanical-access open parking garages as defined in the California Building Code; or parking facilities otherwise incapable of supporting electric vehicle charging.

2. Hotels and motels may substitute Level 2 EV chargers for some or all of the required EV charging receptacles. Where Level 2 EV chargers are installed in place of low power Level 2 receptacles, at least fifty (50) percent of the installed EV chargers shall be equipped with J1772 connectors.

2. EV Ready parking spaces with EV chargers.
a. Hotels and motels. Fifteen (15) percent of the total number of parking spaces for hotels and motels shall be equipped with Level 2 EV chargers. At least fifty (50) percent of the required EV chargers shall be equipped with J1772 connectors. b. Multifamily parking facilities. Fifteen (15) percent of the total number of parking spaces shall be equipped with Level 2 EV chargers. At least fifty (50) percent of the required EV chargers shall be equipped with J1772 connectors. Where common use parking or unassigned parking is provided, EV chargers shall be

10.B.a
Packet Pg. 306 Attachment: ORD-ose-EV Charger Ordinance 2d (6487 : EV Charging Ordinance - Second Reading) 6 located in common use or unassigned parking areas and shall be available for use by all residents or guests.

Exceptions:

1. Areas of parking facilities served by parking lifts, including but not limited to automated mechanical-access open parking garages as defined in the California Building Code; or parking facilities otherwise incapable of supporting electric vehicle charging.

An automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes, and installed EV chargers shall have a capacity of not less than 30 amperes.

A4.106.8.2.2 Technical requirements. The EV spaces required by Section A4.106.8.2 shall be designed and constructed in accordance with Sections 4.106.4.2,

4.106.4.2.2.1.1, 4.106.4.2.2.1.2, and 4.106.4.2.5.

SECTION 3. Section 8.106.120 of the Santa Monica Municipal Code is hereby amended as follows:

Section 5.106.5.3 of the 2022 California Green Building Code and its subsections are amended to read as follows:

10.B.a
Packet Pg. 307 Attachment: ORD-ose-EV Charger Ordinance 2d (6487 : EV Charging Ordinance - Second Reading) 7 5.106.5.3 Electric vehicle (EV) charging. Construction shall comply with Section A5.106.5.3.1 Tier 1, and in accordance with regulations in the California Building Code and the California Electrical Code.

A5.106.5.3.1 Tier 1
Comply with Section 5.106.5.3.1 EV capable spaces, Section 5.106.5.3.2 Electric vehicle charging stations and associated Table A5.106.5.3.1 Tier 1, or comply with Section A5.106.5.3.2 Electric vehicle charging stations (EVCS)—Power allocation method and associated Table A5.106.5.3.2 Tier 1.

Refer to Section 5.106.5.3.2 for the permitted use of Level 2 or Direct Current Fast Charger (DCFC) to create EVCS. Refer to Section 5.106.3.2.1 for the allowed use of DCFC to comply with both EV capable spaces and Level 2 EVSE. Refer to Section

5.106.5.3.3 for the allowed use of Automatic Load Management System (ALMS).

Table A5.106.5.3.1

TOTAL NUMBER OF

ACTUAL PARKING
SPACES
TIER 1 NUMBER OF

REQUIRED EV

CAPABLE SPACES
TIER 1 NUMBER OF EVCS
(EV CAPABLE SPACES
PROVIDED WITH EVSE)2
0-9 2 0
10-25 5 2
26-50 11 4
51-75 19 5
76-100 26 9
101-150 38 13
151-200 53 18
201 and over 30 percent of actual
parking spaces1
33 percent of EV capable
spaces 1

10.B.a
Packet Pg. 308 Attachment: ORD-ose-EV Charger Ordinance 2d (6487 : EV Charging Ordinance - Second Reading) 8 Table A5.106.5.3.1

TOTAL NUMBER OF

ACTUAL PARKING
SPACES
TIER 1 NUMBER OF

REQUIRED EV

CAPABLE SPACES
TIER 1 NUMBER OF EVCS
(EV CAPABLE SPACES
PROVIDED WITH EVSE)2

1. Calculation for spaces shall be rounded up to the nearest whole number.

2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2.

3. At least one Level 2 EVSE shall be provided.

A5.106.5.3.2 Electric vehicle charging stations (EVCS) – Power Allocation method.

The power allocation method may be used as an alternative to the requirements in Section 5.106.5.3.1, Section 5.106.5.3.2, and associated Table A5.106.5.3.1 Tier 1. Use Table A5.106.5.3.2 Tier 1 to determine the total power in kVA required based on the total number of actual parking spaces.

Power allocation method shall include the following:

1.Use any kVA combination of EV capable spaces, low power Level 2, Level 2 or DCFC EVSEs.

2.At least one Level 2 EVSE shall be provided.

TABLE A5.106.5.3.2 Tier 1

TOTAL NUMBER

OFACTUAL

PARKINGSPACES

MINIMUMTOTAL
kVA@ 6.6 kVA
TOTAL kVA REQUIREDIN ANY
COMBINATION OF EVCAPABLE3,4,
LOW POWER LEVEL 2LEVEL 21, 2, OR
DCFC
0–9 13.2 13.2
10–25 33 33
26–50 72.6 72.6

10.B.a
Packet Pg. 309 Attachment: ORD-ose-EV Charger Ordinance 2d (6487 : EV Charging Ordinance - Second Reading) 9 51–75 125.4 125.4
76–100 171.6 171.6
101–150 250.8 250.8
151–200 349.8 349.8
201 and over 30 percent of actual
parking spaces × 6.6
Total required kVA = P × .30 × 6.6 Where
P = Parking spaces in facility

1. Level 2 EVSE @ 6.6 kVA minimum.

2. At least one Level 2 EVSE shall be provided.

3. Maximum allowed kVA to be utilized for EV capable spaces is 67 percent.

4. If EV capable spaces are utilized, they shall meet the requirements of Section 5.106.5.3.1 EV capable spaces.

5.106.5.3.3 Use of automatic load management systems (ALMS). ALMS shall be permitted for EVCS. When ALMS is installed, the required electrical load capacity specified in Section 5.106.5.3.1 for each EVCS may be reduced when serviced by an EVSE controlled by an ALMS. Each EVSE controlled by an ALMS shall deliver a minimum 30 amperes to an EV when charging one vehicle and shall deliver a minimum 3.3 kW while simultaneously charging multiple EVs.

5.106.5.3.4 Accessible electric vehicle charging station (EVCS). When EVSE is installed, accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3.

Note: 5.106.5.3.5 Electric vehicle charging station signage. For EVCS signs, refer to Electric vehicle charging stations shall be identified by signage or pavement markings in compliance with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

10.B.a
Packet Pg. 310 Attachment: ORD-ose-EV Charger Ordinance 2d (6487 : EV Charging Ordinance - Second Reading) 10 5.106.5.3.5.1 Additional EV Ready Requirement for office facilities. In addition to the requirements of Table A5.106.5.3.1, for office parking facilities, an additional 20% (rounded to the nearest whole number) of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles.

5.106.5.4 Additions or alterations to existing buildings or parking facilities [A]. [BSC-CG] Existing buildings or parking facilities being modified by one of the following shall comply with Section 5.106.5.4.1 or 5.106.5.4.2. When EVSE is installed, accessible EVCS shall be provided in accordance with the California Building Code, Chapter 11B, Section 11B-228.3.

1. When the scope of construction work includes an increase in power supply to an electric service panel as part of a parking facility addition or alteration.

2. When a new photovoltaic system is installed covering existing parking spaces.

3. When additions or alterations to existing buildings are triggered pursuant to code Section 301.3 and the scope of work includes an increase in power supply to an electric service panel.

Exceptions:

1.On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating

10.B.a
Packet Pg. 311 Attachment: ORD-ose-EV Charger Ordinance 2d (6487 : EV Charging Ordinance - Second Reading) 11 that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project.
d. Where demonstrated as impracticable excluding local utility service or utility infrastructure issues.

2. Remote parking facilities that do not have access to the building service panel.

3. Parking area lighting upgrades where no trenching is part of the scope of work.

4.Emergency repairs, including but not limited to water line break in parking facilities, natural disaster repairs, etc.

5.106.5.4.1 Existing buildings or parking areas without previously installed EV capable infrastructure [A].

When EV capable infrastructure does not exist at an existing parking facility or building, and the parking facility or building undergoes an addition or alteration listed in Section

5.106.5.4, construction shall include electric vehicle charging in compliance with either Section 5.106.5.3 and associated Table 5.106.5.3.1, or Section 5.106.5.3.6 and associated Table 5.106.5.3.6 for the total number of actual parking spaces being added or altered.

5.106.5.4.2 Existing buildings or parking areas with previously installed EV capable infrastructure [A].

When EV capable infrastructure is available at an existing parking facility or building, and the parking facility or building is undergoing an addition or alteration listed in Section

5.106.5.4, construction shall include electric vehicle charging in compliance with either Section 5.106.5.3 and associated Table 5.106.5.3.1, or Section 5.106.5.3.6 and

10.B.a
Packet Pg. 312 Attachment: ORD-ose-EV Charger Ordinance 2d (6487 : EV Charging Ordinance - Second Reading) 12 associated Table 5.106.5.3.6 utilizing the existing EV capable allocated power and infrastructure for the total number of actual parking spaces being added or altered. If the area being added or altered exceeds the existing EV capable capacity, allocated power and infrastructure, provide additional EV charging as needed to comply with this section.

5.106.5.4.5 Electric vehicle (EV) charging: medium-duty and heavy-duty. [N] [BSGCG] Construction shall comply with Section 5.106.5.4.1 to facilitate future installation of electric vehicle supply equipment (EVSE). Construction for warehouses, grocery stores and retail stores with planned off-street loading spaces shall also comply with Section

5.106.5.4.5.1 for future installation of medium- and heavy-duty EVSE.

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project.

When EVSE(s) is/are installed, it shall be in accordance with the California Building Code, the California Electrical Code and as follows:

5.106.5.4.5.1 Electric vehicle charging readiness requirements for warehouses, grocery stores and retail stores with planned off-street loading spaces. In order to avoid future demolition when adding EV supply and distribution equipment, spare raceway(s) or busway(s) and adequate capacity for transformer(s), service panel(s) or

10.B.a
Packet Pg. 313 Attachment: ORD-ose-EV Charger Ordinance 2d (6487 : EV Charging Ordinance - Second Reading) 13 subpanel(s) shall be installed at the time of construction in accordance with the California Electrical Code. Construction plans and specifications shall include, but are not limited to, the following:

1. The transformer, main service equipment and subpanels shall meet the minimum power requirement in Table 5.106.5.4.1.5.1 to accommodate the dedicated branch circuits for the future installation of EVSE.

2. The construction documents shall indicate one or more location(s) convenient to the planned off-street loading space(s) reserved for medium- and heavy-duty ZEV charging cabinets and charging dispensers, and a pathway reserved for routing of conduit from the termination of the raceway(s) or busway(s) to the charging cabinet(s) and dispenser(s), as shown in Table 5.106.5.4.5.1.

3. Raceway(s) or busway(s) originating at a main service panel or a subpanel(s) serving the area where potential future medium- and heavy-duty EVSE will be located, and shall terminate in close proximity to the potential future location of the charging equipment for medium- and heavy-duty vehicles.

4. The raceway(s) or busway(s) shall be of sufficient size to carry the minimum additional system load to the future location of the charging for medium- and heavy-duty ZEVs as shown in Table 5.106.5.4.5.1.

TABLE 5.106.5.4.5.1
RACEWAY CONDUIT AND PANEL POWER REQUIREMENTS FOR MEDIUMAND HEAVY-DUTY EVSE [N] Building type
Building
Size
(sq. ft.)
Number of Offstreet loading
spaces
Additional capacity Required
(kVa) for Raceway & Busway
and Transformer & Panel
Grocery 1 or 2 200

10.B.a
Packet Pg. 314 Attachment: ORD-ose-EV Charger Ordinance 2d (6487 : EV Charging Ordinance - Second Reading) 14 10,000 to
90,000
3 or Greater 400
Greater than
90,000
1 or Greater 400
Manufacturing
Facilities
10,000 to
50,000
1 or 2 200
10,000 to
50,000
3 or Greater 400
Greater than
50,000
1 or Greater 400
Office
Buildings
10,000 to
135,000
1 or 2 200
10,000 to
135,000
3 or Greater 400
Greater than
135,000
1 or Greater 400
Retail 10,000 to
135,000
1 or 2 200
3 or Greater 400
Greater than
135,000
1 or Greater 400
Warehouse 20,000 to
256,000
1 or 2 200
3 or Greater 400
Greater than
256,000
1 or Greater 400

5.106.5.6 Electric vehicle (EV) charging at public schools and community colleges.

10.B.a
Packet Pg. 315 Attachment: ORD-ose-EV Charger Ordinance 2d (6487 : EV Charging Ordinance - Second Reading) 15 [DSA-SS] Electric vehicle infrastructure and electric vehicle charging stations shall comply with Section 5.106.5.6 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code.

Exceptions:

1.On a case-by-case basis where compliance with this section has been demonstrated to be not feasible based upon one of the following conditions, and with concurrence by the Division of the State Architect (DSA), compliance with Section

5.106.5.6 shall not be required.
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. The installation of EVCS is impracticable.

2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with Section 5.106.5.6.

5.106.5.6.1 EV capable spaces.

EV capable spaces shall be provided in accordance with Table A5.106.5.6.1 and the following requirements:

1. Raceways complying with the California Electrical Code and no less than 1-inch (25 mm) diameter shall be provided and shall originate at a service panel or a subpanel(s) serving the area and shall terminate in close proximity to the proposed location of the EV capable space and into a suitable listed cabinet, box, enclosure or equivalent. A common raceway may be used to serve multiple EV capable spaces.

2. A service panel or subpanel(s) shall be provided with panel space and electrical load capacity for a dedicated 208/240 volt, 40-ampere minimum branch circuit for each

10.B.a
Packet Pg. 316 Attachment: ORD-ose-EV Charger Ordinance 2d (6487 : EV Charging Ordinance - Second Reading) 16 EV capable space, with delivery of 30-ampere minimum to an installed EVSE at each EVCS.

3. The electrical system and any on-site distribution transformers shall have sufficient capacity to supply full rated amperage at each EV capable space.

4. The service panel or subpanel circuit directory shall identify the reserved overcurrent protective device space(s) as “EV CAPABLE.” The raceway termination location shall be permanently and visibly marked as “EV CAPABLE.”

5.106.5.6.2 Electric vehicle charging stations (EVCS).

EV capable spaces shall be provided with EVSE to create EVCS in the number indicated in Table 5.106.5.6.1 and shall comply with Section 5.106.5.6.2. EVCS shall be serviced by Level 2 or Direct Current Fast Charging (DCFC) EVSE, or with EVSE in any combination of Level 2 and DCFC. Accessible EVCS shall be provided in accordance with California Building Code Chapter 11B.

5.106.5.6.2.1 Reduced number of EV capable spaces.

The installation of each DCFC EVSE shall be permitted to reduce the minimum number of required EV capable spaces indicated in Table 5.106.5.6.1 by five and reduce proportionally the required electrical load capacity to the service panel or subpanel.

5.106.5.6.2.2 Multiple connectors.

EVSE with multiple vehicle connectors capable of charging multiple EVs simultaneously shall be permitted if the electrical load capacity required by Section

5.106.5.6.1 for each EV capable space is accumulatively supplied to the EVSE.

10.B.a
Packet Pg. 317 Attachment: ORD-ose-EV Charger Ordinance 2d (6487 : EV Charging Ordinance - Second Reading) 17 5.106.5.6.2.3 Use of automatic load management systems (ALMS).

ALMS shall be permitted for EVCS installed in accordance with Section

5.106.5.6.2. When ALMS is installed, the required electrical load capacity specified in Section 5.106.5.6.1 for each EVCS may be reduced when serviced by an EVSE controlled by an ALMS. Each EVSE controlled by an ALMS shall deliver a minimum 30 amperes to an EV when charging one vehicle and shall deliver a minimum 3.3 kW while simultaneously charging multiple EVs.

5.106.5.6.3 EVCS alternative compliance.

In lieu of compliance with Section 5.106.5.6.2, EVCS shall be provided with Level 1, low power Level 2, or Level 2, or any combination of Level 1, low power Level 2 or Level 2 EVSE such that the total power supplied by the combination of EVSE meets the minimum power indicated in Table 5.106.5.6.3, based on the total number of actual parking spaces in each parking facility.

TABLE 5.106.5.6.3

NUMBER OF PARKING

SPACESIN A PARKING

FACILITY

MINIMUM TOTAL POWER
(KVA)REQUIRED FOR EVCS
0–9 0
10–25 7
26–50 14
51–75 20

10.B.a
Packet Pg. 318 Attachment: ORD-ose-EV Charger Ordinance 2d (6487 : EV Charging Ordinance - Second Reading) 18 76–100 27
101–150 40
151–200 60
201 and over
Total required KVA = P × .05 ×

6.6Where P = Parking spaces
in facility

5.106.5.6.4 EVCS for alterations of or additions to parking facilities.

Alterations of or additions to parking facilities shall provide EVCS in compliance with Section 5.106.5.6.4. The installation of infrastructure for EV capable spaces required to be provided without EVSE shall not be required.

5.106.5.6.4.1 Alterations of and additions to parking facilities.

EVCS shall be provided in accordance with the number indicated in Table

5.106.5.6.1 or minimum power indicated in Table 5.106.5.6.3 when the scope of work includes an increase in power supply to an electric panel serving light fixtures illuminating the parking area or when area containing parking spaces is added to a parking facility. The number of required EVCS shall be based on the total number of existing and new parking spaces in the parking facility.

5.106.5.6.4.2 Alterations consisting of the installation of photovoltaic systems.

EVCS shall be provided in accordance with the number indicated in Table

5.106.5.6.1 or maximum power indicated in Table 5.106.5.6.3 when a new photovoltaic system is installed in an existing parking facility.

10.B.a
Packet Pg. 319 Attachment: ORD-ose-EV Charger Ordinance 2d (6487 : EV Charging Ordinance - Second Reading) 19 5.106.5.6.5 Requirement to install EVSE.

Level 2 EVSE shall be provided in all existing EV capable spaces to create EVCS when a project is required by California Administrative Code Section 4-309 to be submitted for plan approval to the Division of the State Architect. When EVSE is installed in existing EV capable spaces, accessible EVCS shall be provided in accordance with California Building Code Chapter 11B.

Exception: Projects in which improvements in parking areas consist only of accessibility improvements are not required to comply with Section 5.106.5.6.5.

SECTION 4. 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. Underlines and strikethroughs have been intentionally left in and must be published in underline and strikethrough form.

SECTION 5. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of the Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. Following its adoption, this Ordinance shall

10.B.a
Packet Pg. 320 Attachment: ORD-ose-EV Charger Ordinance 2d (6487 : EV Charging Ordinance - Second Reading) 20 be submitted to the California Building Standards Commission for filing. This Ordinance shall become effective 30 days after submission to the California Building Standards Commission. Building permit applications submitted on or after the effective date of this Ordinance shall be required to comply with the requirements set forth herein.

APPROVED AS TO FORM:
________________________
Douglas Sloan, City Attorney

10.B.a
Packet Pg. 321 Attachment: ORD-ose-EV Charger Ordinance 2d (6487 : EV Charging Ordinance - Second Reading) 1 David Yakobson
From: Cynthia Rose <[email protected]>
Sent: Tuesday, June 25, 2024 11:35 AM
To: councilmtgitems; Council Mailbox; Gleam Davis; Jesse Zwick; Caroline Torosis; Lana Negrete; Oscar de la Torre; Phil Brock; Christine Parra Cc: David White; [email protected]
Subject: Agenda Items: Support 10A, 10B, 16B, 16D -- Oppose Item 16E Attachments: 2024-06 CC Agenda Items 10A-10B-16B-16D-16E .pdf Follow Up Flag: Follow up
Flag Status: Completed

EXTERNAL
June 25th Council Meeting Agenda items
Support items 10A, 10 B, 16B, 16D
Oppose Item 16E
Dear Santa Monica Mayor and City Council:

Please see our attached comments in support or opposition to items on the June 25th Council Meeting Agenda items:
- Support items 10A, 10B, 16B, 16D
- Oppose Item 16E
Cynthia Rose and Cris Gutierrez
--
Cynthia Rose
Director
Santa Monica Spoke
SMSpoke.org
I acknowledge with respect and gratitude the Tongva, Kizh, and Chumash Peoples on whose traditional territory I live and work.

Item 10-B
June 25, 2024
Item 10-B
June 25, 2024

10.B.b
Packet Pg. 322 Attachment: Written Comments (6487 : EV Charging Ordinance - Second Reading) A community group dedicated
to biking and walking in Santa Monica.

Working to make the
City of Santa Monica a
more sustainable,
bikeable & walkable place to live,
work and play.

June 25, 2024
Subject: June 25th Council Meeting Agenda items
Support items 10A, 10 B, 16B, 16D
Oppose Item 16E
Dear Santa Monica Mayor and City Council:

Support Item 10A and 10B

A. Support adoption of 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
B. Support Adoption of an Ordinance that Supports Electric Vehicle Charging Access by Adopting Local Amendments to the 2022 California Green Building Standards Code.

Support Item 16B:

Santa Monica Spoke and the Santa Monica Safe Street Alliance fully support the Council item 16B to direct the City Attorney to prepare a resolution that addresses the false and harmful signs on the 3rd Street Promenade disparaging our City Manager and the City at large, also conjuring lies about the LA County needle-exchange program. Those signs abuse our First Amendment free speech rights, threatening personal and public safety, the City’s reputation and the City’s economic recovery.

Please approve item 16B expeditiously so that Santa Monica can be proud of our civility and the potentially kind way that we treat others in Santa Monica and to enjoy the amenities and business on the 3rd Street Promenade that contribute to a clean and safe community and to our potentially vibrant economy.

Support Item 16D:

Our full support also applies to Item 16D to expand the Preserving our Diversity Program (POD) with clear considerations of elderly residents in the Pico Neighborhood experiencing poverty. The specifications identified to assist elderly Pico neighbors who qualify for POD are important requirements to fulfill our City’s and community’s expectations and aspirations to protect the vulnerable in our midst. Sometimes, it is too easy to miss something to help keep us attentive. Item 16D calls out new ways to assist POD applicants and to determine fair decisions about who receives POD aid.

Opposed Item 16E:

Finally, we oppose Agenda Item 16E to add a parcel tax measure to the November ballot. At this time, an unpolled measure, particularly for a parcel tax that is usually used for schools, is not a wise choice.

Sincerely,
Cynthia Rose
Director, Santa Monica Spoke Cris Gutierrez
Co-Chair, Santa Monica Safe Street Alliance Co-Chair, Santa Monica Safe Streets Alliance SMSpoke.org
SaMoSafeStreets.org
Item 10-B
June 25, 2024
Item 10-B
June 25, 2024

10.B.b
Packet Pg. 323 Attachment: Written Comments (6487 : EV Charging Ordinance - Second Reading) City Council
Housing Authority
Parking Authority
Report
City Council Meeting: June 25, 2024
Agenda Item: 12.A
1 of 21
To: Housing Authority, Parking Authority, Mayor and City Council From: Oscar Santiago, Director, Finance Department, Budget Subject: Adoption of the Second Year of the FY 2023-25 Biennial Budget, Adoption of the First Year and Approval of the Second Year of the FY 2024-26 Biennial Capital Improvement Program Budget
Recommended Action
Staff recommends that the City Council, Housing Authority and Parking Authority:

1. Adopt a Resolution of the City Council of the City of Santa Monica adopting the FY 2024-25 Operating Budget and adopting the first year and approving the second year of the FY 2024-26 Biennial Capital Improvement Program Budget at Attachment A, as amended by Attachment D;

2. Adopt a Resolution of the Housing Authority of the City of Santa Monica adopting the FY 2024-25 Operating Budget and adopting the first year and approving the second year of the FY 2024-26 Biennial Capital Improvement Program Budget at Attachment B, as amended by Attachment D; and

3. Adopt a Resolution of the Parking Authority of the City of Santa Monica adopting the FY 2024-25 Operating Budget and adopting the first year and approving the second year of the FY 2024-26 Biennial Capital Improvement Program Budget at Attachment C, as amended by Attachment D.

Staff also recommends that the City Council:

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

5. Adopt a Resolution of the City Council of the City of Santa Monica revising the City’s master fine schedule to establish and revise the administrative citation schedule of fines for certain violations of the Santa Monica Municipal Code (Attachment F);

6. Adopt a Resolution of the City Council of the City of Santa Monica establishing parking rates and permit fees for all City parking facilities and resources (Attachment G);

12.A
Packet Pg. 324
2 of 21

7. Adopt a Resolution of the City Council of the City of Santa Monica temporarily waiving and reducing outdoor dining license fees for third street promenade to stimulate economic recovery (Attachment H);

8. Adopt a Resolution of the City of Santa Monica establishing new classifications and adopting salary rates for various listed positions (Attachment I) and approve the position and classification changes (Attachment J);

9. Adopt a Resolution of the City of Santa Monica establishing the Gann appropriations limit for FY 2024-25 (Attachment K);

10.Adopt a Resolution incorporating a project funded by SB1: The Road Repair and Accountability Act (Attachment L);

11.Adopt a Resolution authorizing the City Manager to revise the Confidential Unrepresented Employee (CUE) Pay Plan (Attachment M)

12.Maintain existing adult-use and medicinal cannabis tax rates or provide direction to staff on the desired adult-use and medicinal tax rate increases and adopt a resolution increasing the adult-use and medicinal cannabis tax rates as directed effective January 1, 2025 (Attachment N);

13.Authorize the City Manager to accept a discretionary grant award in the amount of $50,000 from the Los Angeles Homeless Services Authority and approved by Supervisorial District 3 to support the City Attorney’s Office Shelter, Treatment, and Empowerment Program (STEP) Court;

14.Authorize the City Manager to accept a grant award of $4,822,406 from the U.S.

Department of Housing and Urban Development’s Continuum of Care Program to provide housing subsidies for the homeless and disabled population and to execute all necessary documents to accept the grant and any subsequent renewals;

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

16.Adopt a finding that the proposed landing fee reduction project, which includes reduced rates for tie-downs, transient tie-downs, hangars, landing fees, and fuel flowage fees (Reduced Airport Fees), exempt from the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code section 21080(b)(1) and CEQA Guidelines sections 15061(b)(3), and 15369.

Summary
As presented to City Council on May 28, 2024 (Attachment O), the FY 2024-25 Proposed Operating Budget and the FY 2024-26 Proposed Biennial Capital Improvement Program (CIP) Budget is a balanced budget. The attached changes to the proposed budget reflect direction given by Council at that time following public input and Council discussion, including the addition of four Police Officers, and the funding of two CIP projects - the CCTV Security Camera Program and the Quick Build Enhancements at Unsignalized Intersections.

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The overall FY 2024-25 Proposed Budget as revised is $765.3 million, net of reimbursements and transfers. This is a difference of approximately $1.8 million over what was presented in the initial proposed budget on May 28, 2024. Of this amount, approximately $0.8 million is in the General Fund, $0.9 million is in the Housing Authority Fund, and $50,000 is in the Miscellaneous Grants Fund.

Building on efforts made since the COVID-19 pandemic, the FY 2023-25 budget restores many services and investments to maintain progress towards addressing community needs. Given the current level of economic uncertainty, the FY 2024-25 Proposed Operating Budget is focused on no-cost operational adjustments to improve service delivery for the community, required budget corrections, and adjustments required in accordance with collective bargaining agreements.

The first year (FY 2024-25) of the FY 2024-26 Proposed Biennial CIP Budget makes strategic investments to maintain and enhance critical infrastructure to protect the City’s existing capital investments and minimize future maintenance and replacement costs.

However, as discussed at the May 28, 2024 study session, a conservative approach is being taken as a result of resource constraints and as a strategy to safeguard our fiscal stability, at a time when much uncertainty remains around contingent legal liabilities.

This report presents information and requests actions necessary to adopt the FY 2024- 25 Operating Budget and adopt the first year (FY 2024-25) of the FY 2024-26 Biennial CIP Budget for the City of Santa Monica, the Santa Monica Housing Authority, and the Santa Monica Parking Authority. Staff also requests that Council approve the second year (FY 2025-26) of the FY 2024-26 Biennial CIP Budget. Since the City Charter requires Council to adopt a budget annually, staff will submit the second year of the CIP Budget to Council for formal adoption, with any necessary revisions, in June 2025.

The report also provides information on cannabis tax rates, outdoor dining rates, and the updated balance of available Council Discretionary Funds. Finally, this report includes actions necessary to revise certain fees and fines, establish parking rates, set the annual Gann appropriations limit, approve the allocation of SB-1 Gas Tax funding to

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eligible projects, revise the Confidential Unit Employees (CUE) Pay Plan; and accept grant awards and renewals.

Background
The FY 2023-25 Biennial Operating Budget reflects the most substantial restoration of ongoing services and introduction of enhanced services to date since the 2020 budget restructuring. The budget was built upon community-driven priorities, to continue to restore City programs and services to the community through strategic investments informed by Council’s five priority areas. The restorations were made possible through a combination of a new voter-approved revenue source, moderate revenue growth, the reallocation of funds, new revenues from public and private partnerships, and staff’s ability to expand capacity for cost-covering programs. The investments incorporated in the biennial budget continue through this second budget year (FY 2024-25). All restorations and new investments funded in the biennial budget are detailed in the adopted budget book. Some of the key investments in the priority areas include:
• addressing homelessness – preparation of a Homelessness Strategic Plan; expanded outreach teams, including Multi-Disciplinary Teams consisting of mental health professionals who deliver immediate and intensive services to people experiencing homelessness, the Homeless Liaison Program (HLP) to expand operating hours, partnerships with outside agencies to provide greater resources to work with clients and connect them immediately to available services, and redesign of the SAMOSHEL interim housing program to accommodate 24/7 intakes.
• clean and safe programs – implementation of the Santa Monica Analytical Real Time Center (S.M.A.R.T Center) to gather and synthesize real time data from an array of technologies to aid police resources, expanded security services at Downtown parking structures and the Pier, maintenance of water features at Ken Genser and Tongva Parks, increased frequency of tree pruning in high-traffic areas to ensure safer conditions for the public and improve the aesthetics of our public spaces, specialized public space maintenance team focusing on waste and debris generated by people experiencing homelessness, enhanced

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monitoring and enforcement of the City’s home-sharing ordinance, enhanced parking structure and lot maintenance program, enhanced community response unit capabilities, and implementation of a Transit Safety Program on buses and at bus stops.
• community & cultural offerings – increased service hours at libraries and the Memorial Park gym and fitness room, enhanced direct service youth programs like CREST, PAL and VAP, including the Summer Lunch Program, continued financial support for the school district’s playground club offering supervised afterschool play time on elementary schoolyards, continuation of the Art of Recovery program which supports production of free public art and cultural programming and events, and creation of a new Pickleball Program. • economic recovery – creation of a small business assistance and tenant improvement fund to provide revolving loans or grants and technical assistance to highest need businesses, advancement in streamlining the City’s permitting processes with the added Senior Planner and restoration of the Neighborhood Grant Program, and modernization of the City’s Business License Tax program.

Likewise, the Council’s five priorities guided investments in the City’s capital improvement program, in particular the General Fund projects, once the most critical maintenance needs and other obligations were addressed. Because the City’s CIP budget has remained underfunded since the COVID-19 pandemic and the need to continue reduced funding to address uncertainty over city liabilities, the CIP unfunded project list has grown to $460.0 million.

The proposed FY 2024-25 Capital Improvement Program budget is strategically allocating its very limited General Fund resources to on-going facility and infrastructure maintenance, and technology upgrades to ensure that projects most closely addressing City Council priorities rise to the top.

The majority of the CIP portfolio is funded by non-General Fund funding sources that are mostly restricted and must fund projects within their enterprise or follow grant

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guidelines. Staff have proactively identified multiple grants and outside resources in order to implement innovative projects that support attainment of various sustainability goals. Below are highlights of some of the larger projects that reflect a commitment to maintaining and enhancing the City’s infrastructure and that focus on a Clean and Safe Santa Monica, a Sustainable and Connected Community and aligned with City Council priorities.

Project Fund Amount
Memorial Park PLD Relocation – relocation of Public
Landscape Division to implement the first phase of the
Memorial Park Expansion
General Fund 1,000,000
Cybersecurity – upgrade and replace system that has
reached end of life
General Fund 612,096
Annual Paving – paving of 2-3 miles of road along California Avenue, Broadway, and Pico Blvd.

Gas Tax,
Local Return
1,700,000
Park Improvement Program – address maintenance issues
identified at Virginia Avenue Park, Tongva Park, Reed Park, Clover Park and Airport Park
Special
Revenue
Fund
250,000
Water Main Replacements – replace approximately 2 miles of water mains in the following areas: 7th St, 11th Ct, 22nd Ct, 24th Ct, Euclid Ct, Michigan Ave, Ocean Ave,
Washington Ave.

Water Fund 7,737,500
Wastewater Main Replacements – replace approximately

1.5 miles of wastewater collection pipes in the following areas: 4th St, 5th Ct, 9th Ct, 24th Ct, 26th Ct, Centinela Ave, Chelsea Ave, Frank Ct, Georgina Pl N, Harvard Ct, Hill Pl N, Maple St, Pico Pl S, Raymond Ave, Raymond Pl N, Santa
Monica Pl S, Stanford St, Washington Pl N, Washington Pl S.

Wastewater
Fund
3,477,800
Urban Forest and Planting Renewal – planting and
removal of approximately 300 trees citywide aiming for a net public tree gain in every neighborhood of 5-10% more trees are planted than removed.

General Fund 250,000
Groundwater Recharge Well – part of the City’s overall goal to be water self-sufficient and reduce reliance on imported water supplies, would fund design and construction of
groundwater recharge well SM-11i to replenish the City’s groundwater aquifers.

Water Fund 2,000,000
Discussion
The Citywide FY 2024-25 Proposed Budget has been revised from the budget presented to Council on May 28, 2024 to reflect final changes primarily based on Council direction. The overall FY 2024-25 Proposed Budget as revised is $765.3 million, net of reimbursements and transfers, and is summarized in the following table.

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FY 2024-25 Citywide Budget
Proposed
Budget
(May 28)
Final
Changes
Proposed
Budget for
Adoption
Citywide Budget before adjustment for reimbursements
& transfers $859.2 $1.8 $861.0
Less reimbursements & transfers 1($95.7) 0.0 ($95.7)
Citywide Budget net of reimbursement & transfers $763.5 $1.8 $765.3 Citywide FTE Permanent Positions 2,032.6 4.0 2,036.6
Citywide FTE As-needed Positions 85.0 0.0 85.0
Total FTEs 2,117.6 4.0 2,121.6
1 These are technical adjustments to eliminate double counting of certain expenditures appearing in two funds.

Final changes to Proposed Budget
Revenues
The citywide FY 2024-25 revenue budget is being adjusted for final changes to include:
• Decrease of $189,760 in the General Fund, reflecting a reduced fee for outdoor dining on the Third Street Promenade to support the City’s economic recovery; • Increase of $907,850 in the Housing Authority Fund to reflect the higher than anticipated award amount of Continuum of Care (CoC) grant funds. This adjustment is required to align the full grant amount with the amount included in the proposed budget presented to Council on May 28th;
• Increase of $50,000 in the Miscellaneous Grants Fund, reflecting a grant award for the City Attorney’s STEP Court program; and
• Increase of approximately $195,000 in the Pier Fund, reflecting the anticipated lease revenue for the approved lease agreement with Pacific Park, as presented to Council on May 28, 2024 (Attachment P).

Operating Expenditures
The modifications to the Proposed Operating Budget, known as final changes, increase the operating expenditure budget by approximately $1.4 million in FY 2024-25. The changes are listed below.

Fund Description
FY2024-25
Proposed

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Budget
General Fund 4.0 Police Officers ($849,840 annually) pro-rated based on estimated timing of when positions would be filled. $424,920 Housing
Authority
Fund
Increase in CoC expenses to align with higher than
anticipated grant award amount as described in the
corresponding revenue change above. This adjustment
is required to align the full grant amount with the
amount included in the proposed budget presented to
Council on May 28th.
$907,850
Miscellaneous
Grants Fund
New grant to support the STEP Court program
described above. $50,000
General Fund $424,920
Other Funds $957,850
Total Final Changes All Funds $1,382,770
Capital Improvement Program Expenditures
The modifications to the Proposed CIP Budget, known as final changes, increase the capital expenditure budget by $370,000 in FY 2024-25 and decrease it by $150,000 in FY 2025-26. Additionally, the allocation to the Citywide Facilities Renewal Program as reflected in the budget plan for FY 2026-27 through FY 2028-29 is being reduced by $500,000 annually.

Fund Description
FY 2024-25
Proposed
Budget
FY 2025-26
Budget
Plan
General Fund Quick Build Enhancements at
Unsignalized Intersections 120,000 100,000
General Fund CCTV Security Camera Program 250,000 250,000 General Fund Alley Renewal Program (500,000)
Total Final Changes 370,000 (150,000)
Personnel Changes
Personnel changes are included in Attachment J. The following are new changes that were not included in the budget presented to Council on May 28, 2024:

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• Add 4.0 Police Officer positions in the Police Department, per Council direction at the May 28th budget study session.
• Delete 1.0 Consumer Affairs Specialist / Add 1.0 Senior Legal Analyst – CAO in the City Attorney’s Office. The change reflects the department’s intent to appropriately classify the position to better reflect the increased, higher-level legal duties this employee is performing, including litigation-related work, community outreach, and strategic analysis. The department will absorb the nominal cost within its budget.
• Delete 1.0 Senior Grants Analyst / Add 1.0 Senior Accountant in the Finance Department. This no-cost staffing adjustment is recommended to better align with scope of responsibilities.
• Delete 1.0 Housing Program Manager / Add 1.0 Housing Administrator – Production in the Housing and Human Services Department (HHS). This no cost staffing adjustment will allow HHS to recruit a subject matter expert to support key City initiatives including the development of City-owned sites identified in the Housing Element, implementation of renter protection programs, and administration of Measure GS funds.

Also included in Attachment I are required adjustments to employee classifications, compensation and position adjustments, resulting from classification and compensation studies conducted by the Human Resources Department, as presented to Council at the budget study session. The budget impact associated with these adjustments was included in the proposed budget presented to Council on May 28.

Budget Resolutions
Adopting the resolutions in Attachments A, B, and C would:
• Adopt the FY 2024-25 budget revenues at the account level, with operating expenditure appropriations for the Salaries and Wages and Supplies and Expenses major expenditure categories within a fund for each department, and capital improvement program budget within a fund;

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• Authorize staff to roll over unspent appropriations for multi-year operating grants not completed at the end of the fiscal year, including federal recovery funding, unspent donations dedicated to programs, and funds for the encumbrances of goods and services ordered and contracted for by FY 2023-24 year-end but not delivered or provided until FY 2024-25;
• Authorize staff to roll over appropriations for Measure CS and Council discretionary unencumbered balances and unexpended encumbrances of the FY 2023-24 Budget for the City’s General Fund; and
• Authorize staff to roll over appropriations for the General Fund and all other NonGeneral Fund unencumbered balances and unexpended encumbrances for the FY 2024-25 CIP budget.

Gann Appropriations Limit
The State Constitution requires state and local governments to adopt an annual appropriation limit. This limit is commonly known as the “Gann Limit.” Under the Gann Limit, a maximum amount is established for annual tax-funded government services.

That amount is to be adjusted each year depending on changes in state population, inflation and the transfer of financial responsibility for various government activities from one level of government to another. Any significant amount of state tax revenue received above that Gann Limit is to lead to future tax rebates or tax cuts. Every June, along with budget adoption, City Council adopts a resolution establishing the Gann appropriations limit for the City of Santa Monica.

The proposed Gann appropriations limit for FY 2024-25 is calculated by applying annual adjustment factors provided by the California Department of Finance to the FY 2023-24 Gann Limit.

Adjustment Factors:

State Per Capita Personal Income . 1.03620
City Population Growth x 1.00340
Adjustment to current year = 1.03972

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FY 2023-24 (current year) Gann Limit x $ 2,947,395,776
Proposed FY 2024-25 Gann Limit = $ 3,064,466,336
Appropriations Subject to Gann Limit 328,015,760
Net Under / (Over) Limit $ 2,736,450,576
Appropriations subject to the Gann Appropriations Limit, primarily in the General Fund, are $2,736,450,576 below the limit. Examples of tax revenues governed by the Gann Appropriations Limit are property taxes, sales tax, transaction and use tax, transient occupancy tax, utility tax, parking facility tax, and the business license tax. These revenues subject to the limit are reduced by any refunds, certain benefits payments, qualified capital projects, and court or federal mandates.

A resolution to establish the City’s FY 2024-25 Gann Appropriations Limit is included in Attachment K.

Fees/Fines/Rates
Master fee, fine, and parking rate resolutions are annually presented to Council as part of the budget adoption process.

Citywide Fee Updates
The master fee resolution (Attachment E) contains user fees and rates charged by the City, which are designed to recover the City’s costs, including staff time. Per previous Council actions, most City user fees will increase administratively by 3.7% on July 1, 2024, reflecting the FY 2024-25 increase in total City compensation (which includes salary, healthcare, retirement, and workers’ compensation costs) projected at the time of preparation of the Proposed FY 2024-25 Budget. Also included in the resolution are new fees and modifications to existing fees, as presented to Council during the budget study session, including 23 new fees related to Emergency Medical Services (EMS), facility rentals and use, Certified Unified Program Agency fees (CUPA), grading review permit fees, factory-built housing, and City Planning fees; revisions to 48 fees related to CUPA, fire permits, airport fees, landscape services, taxicab, medicinal cannabis,

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Concealed Carry Firearm permit (CCW) renewal application, mortuary services; and the deletion of five fees related to library fees, taxicab fees, and EV user fees.

Most of the fines included in the Master Fine resolution (Attachment F) have remained unchanged from the previous fiscal year with the following exceptions:
• The Library is requesting the deletion of the one remaining overdue fine, Collection Agency Referral, from the master fine resolution to align with the elimination of other overdue fines for adult cardholders. • The Code Enforcement Division is recommending increases to three existing fines to deter the public from violating Chapter 13.06.050, Public Nuisances, of the City’s Municipal Code and the impact caused to the community. Additionally, six fines are recommended for deletion from the fine schedule because they are not used for citation purposes.
• The Resource Recovery and Recycling Division is recommending three fines related to mandatory recycling be incorporated into the Master Fine Schedule.

These fines were authorized by Ordinance No. 2685 (CCS) and codified in section 5.46.130 of the Santa Monica Municipal Code.

Promenade Outdoor Dining
On June 11, 2024, Council directed staff to evaluate a request from Downtown Santa Monica, Inc. and return 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 were asked to evaluate and return to City Council with recommendations for incentives such as waiving fees for a period of time to help support and attract restaurants and entertainment uses to the Promenade and lend to the vibrancy of the area. In response to this direction, staff is proposing to waive the Outdoor Dining Fee on the Third Street Promenade for one fiscal year and charge a reduced fee of $1 per square foot per month for the second fiscal year pursuant to the attached resolution (Attachment H). While the impact to the General Fund will be $189,760 in FY 2024-25 and $149,423 in FY 2025-26, staff agrees that implementing a temporary fee reduction

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could enhance the appeal of the Promenade for prospective businesses. Outdoor dining rates on the Promenade are currently among the highest in the region at $4.09 per square foot per month, and they are also the highest tier compared to the City’s other business districts. A temporary reduction in fees on the Promenade could help to further activate the Promenade with more outdoor activity and it will provide much-needed support to the local restaurants that continue to be heavily impacted by the loss in tourism and the slow return of daytime workers to the District, coupled with the recent zoning changes to help support the conversion of vacant retail spaces to entertainment and dining uses, the decision to reduce fees seeks to help incentivize new businesses to open on the Promenade. A citywide Outdoor Dining fee study will be conducted by staff during FY 2024-25 with the goal of including any proposed rate changes for Council consideration at the City’s May 2025 budget study session.

Parking
There are no proposed rate changes to transient and permit parking lots/structures at this time. A comprehensive parking rates resolution (Attachment G) states all the parking fees and rates and provides for Council to affirmatively approve them. The resolution provides for the following changes: 1) Extend the downtown discount validation program through June 30, 2025; 2) Extend the bulk parking fee agreement for the State of California Judicial Council through June 30, 2025; 3) Increase preferential parking permit fees by 3.7%, reflecting the FY 2024-25 increase in total City compensation; 4) Continue the Pilot Electric Vehicle Parking Permit for Lots 7, 8, 9, and 11; 5) Make plug-in hybrids eligible for the Pilot Electric Vehicle Parking Permit; and 6) Establish a fee for overnight parking permits for oversized vehicles.

SB-1 Gas Tax Revenues
In April 2017, SB 1, formally known as the Road Repair and Accountability Act (RMRA) of 2017, was signed into law. SB1 establishes the Road Maintenance and Rehabilitation Program (RMRP) to address deferred maintenance on the state highway and local street and road systems. Current fund estimates provided by the League of California Cities indicate that the City of Santa Monica will be eligible to receive approximately $2.4 million in SB1 funding in FY 2024-25, in addition to the City’s existing annual gas

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tax revenues of approximately $2.6 Million. Staff recommends approving the attached resolution (Attachment L) identifying the use of FY 2024-25 SB1 estimated allocation of $2.4 million for the Annual Paving and Sidewalk Repair Program capital improvement project, which was already included in the FY 2024-26 Proposed CIP Budget that was presented to Council on May 28.

Confidential Unrepresented Employee (CUE) Pay Plan
The City Manager proposes a revision to the Confidential Unrepresented Employees (CUE) Pay Plan to add the following classifications: Administrative Services Officer (assigned to Human Resources only), Principal Budget Analyst, Senior Budget Analyst, Budget Analyst, Financial Systems and Reporting Administrator, Payroll Administrator, Payroll Analyst I and Payroll Analyst II. The CUE Pay Plan includes job classifications in the Finance and Human Resources Departments; employees who are participants of the CUE Pay Plan are confidential employees who, in the course of their job duties, have regular access to confidential information relating to the City’s administration of employer-employee relations. As such, these job classifications are not represented by any recognized bargaining unit in the City, but whose benefits of employment are set forth in the CUE Pay Plan. Staff recommends approving the attached resolution (Attachment M) to revise the Confidential Unrepresented Employees Pay Plan (FY 2022-25) to add job classifications listed above.

Cannabis Tax
The City’s cannabis business tax rate rates are currently set at 2% for medicinal sales and 3% for adult-use sales with a maximum tax rate of 10% that can be adjusted by resolution. Per SMMC 6.204.060(a), cannabis retailers must report gross receipts and remit cannabis taxes on or before June 30th. Cannabis business tax data is limited as neither permitted retailer has been in operations a full reporting period. Based on both operators’ start dates in Santa Monica, complete cannabis tax data will not exist for the two operators until FY 2026-27.

The table below shows the current and maximum tax rates for cannabis retailers in several jurisdictions within Los Angeles County and includes the population and number

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of retailers in each jurisdiction and the population. Adult-use cannabis business tax rates range from 4% up to 10%. A number of cities have separate rates for medicinal cannabis with rates as low as 0.5%. The average adult use rate amongst the jurisdiction listed below is 6.3%.

City Retail
Maximum
Retail
Current
Retail
Allowed
Population # of
Retailers
Los Angeles County 6% 4% N 1,012,265 0
Los Angeles City 5%-10% 5%-10% Y 3,855,122 554
Long Beach 8%-12% 6%-8% Y 469,893 38
Pasadena 4% 4% Y 139,382 3
Baldwin Park 0.5%-4% 0.5%-4% N 76,644 0
Commerce 5% + $52K 5% + $52K Y 13,035 6
Montebello Varies Varies Y 63,538 14
Maywood 10% 10% Y 27,850 6
El Monte 9% 5% Y 115,356 6
Pomona 6% 6% Y 151,511 4
West Hollywood 7.5% 7.5% Y 34,971 15
Culver City 8%-10% 5%-6% Y 39,528 10
Inglewood N/A N/A N 107,762 0
El Segundo N/A N/A N 16,931 0
Hawthorne N/A N/A N 85,692 0
Manhattan Beach N/A N/A N 35,719 0
Beverly Hills N/A N/A N 34,677 0
Average or Total 7.2% 6.3%
On April 23, 2024, Council held a study session on cannabis social equity where direction was given on the framework of an equity program. During that study session, staff outlined the overall schedule for the development of the adult-use cannabis program. Staff expects to return with the draft adult-use ordinance along with results from the equity assessment, which will inform the equity component of the Santa Monica’s cannabis program. Even after the adoption of an adult-use ordinance, it seems unlikely that any other cannabis retailers will open until mid- to late-2025 at the earliest due to the application and permitting requirements at the local and State level. As a result, from an economic development perspective, it may be advisable for Council to

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wait to raise cannabis business taxes until the City has a sense of the demand for cannabis businesses to open in Santa Monica.

There is currently one cannabis retailer open in Santa Monica with one other permitted retailer that is anticipated to open in June 2024. Both retailers were selected as a result of the City’s medicinal cannabis selection process, have obtained the required state and local permits, and were authorized to sell adult-use cannabis with the Council adoption of Interim Zoning Ordinance 2764.

The barriers to entry to the cannabis industry are already high and tax rates may be a deciding factor in whether businesses choose to locate in Santa Monica. Because the cannabis industry is relatively new in Santa Monica, Council should consider that aligning the City's tax rate with neighboring jurisdictions at this time may disincentivize new cannabis businesses from locating in Santa Monica. Analysis by the City’s consultant HdL Companies (HDL) indicates that there are a number of retailers located immediately adjacent to Santa Monica’s borders with Los Angeles. HDL indicates that it is likely that these retailers capture a significant percentage of sales from walk-in customers that live in Santa Monica. Further, there are also more than 50 retailers and non-storefront cannabis delivery services within a 15-to-20-minute driving distance of Santa Monica, which most likely conduct delivery sales into Santa Monica.

Staff recommends that Council not raise the cannabis tax rate at this time and instead wait until the adult use cannabis program is more formed so that taxes can be set with a more comprehensive understanding of the cannabis market, wait until we have more revenue data from the two existing operators, and also have an opportunity to discuss tax rate changes with existing and future operators.

Acceptance of Grant Awards
Acceptance of Discretionary Grant from Supervisorial District 3 The Criminal Prosecution Unit of the City Attorney’s office has been awarded $50,000 from Supervisor Horvath’s Office. This grant money will be used to support the STEP

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program that is currently running in the City. STEP Court brings a criminal court to Santa Monica once a month to hold court proceedings. It is a collaborative court that brings together those who are experiencing homelessness, drug, or mental health issues with a service provider to help address the underlying issues that brought them in contact with the criminal justice system. Currently there are about 30 participants in the program, and it has already seen two successful graduations. Staff is requesting authorization to accept these grant funds and to appropriate the funds (as reflected in final changes).

Acceptance of Federal CoC Renewal Grants
The CoC Program is a federally funded competitive grant program designed to provide housing subsidies (supportive housing) to homeless, disabled households. For FY 2024-25, the U.S. Department of Housing and Urban Development (HUD) awarded a CoC grant in the amount of $4,822,406. Staff is requesting authorization to accept these grant funds from HUD.

These funds will support the City's CoC Program, which aids both sheltered and unsheltered individuals experiencing homelessness by providing the housing and services needed to facilitate their transition into supportive permanent housing, with the objective of achieving long-term stability. The funding for this grant is allocated in the Housing Authority Fund. The majority of the grant funds were included in the FY 2024- 25 Proposed Budget presented to Council on May 28, 2024. That amount, in addition to the final change of $907,850, reflected in the Final Changes section of this report, results in the full appropriation of the $4,822,406 grant award.

Council Discretionary Funds Updated Balance
As discussed at the Budget Study Session, Council allocates discretionary funds to assist the community in special projects or support important but otherwise unfunded priorities. Projects and programs supported by Council discretionary funds for the past three years, as well as funds allocated this fiscal year (FY 2023-24) are detailed in Attachment Q.

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Council allocated the remaining FY 2023-24 discretionary funds during the April 23, 2024 Council meeting. As such, there are no unprogrammed FY 2023-24 discretionary funds remaining. The FY 2024-25 proposed budget for Council discretionary funds is $127,653, which can be programmed at Council’s direction at any time. Council may direct staff tonight to allocate any portion of the available funds and adopt those as part of budget adoption.

Additionally, the unused balance of Council travel funds in FY 2023-24 will be determined once the City’s books close for the fiscal year. The balance will be shared with Council at that time and staff will seek direction on next steps.

Past Council Actions
Meeting Date Description
06/27/23
(Attachment R)
Adoption of the First Year and Approval of the Second Year of the FY 2023-25 Biennial Budget, Adoption of the Second Year of the FY 2022-24 Biennial Capital Improvement Program Budget
02/27/24
(Attachment S)
Adoption of the FY 2023-24 midyear revenue and expenditure budget adjustments and approval of the corresponding
adjustments to the FY 2024-25 budget plan
05/28/24
(Attachment O)
Fiscal Year 2024-25 Proposed Budget and Fiscal Year 2024-26 Biennial Capital Improvement Program Budget
Environmental Review
The FY 2024-25 Proposed Budget is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines (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.” This report provides a programmatic overview of the City’s budget. The implementation of capital projects or programs would be subject to future CEQA review as applicable.

Therefore, it can be seen with certainty that actions would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.

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The Reduced Airport Fees are exempt from CEQA pursuant to Public Resources Code section 21080(b)(1) and CEQA Guidelines sections 15061(b)(3), 15369, and 15273.

The reduction is a ministerial project to comply with the City’s 2017 Consent Decree with the Federal Aviation Administration and with certain federal grant assurances, which does not require discretionary approval. Pub. Resources Code § 21080, subd. (b)(1); CEQA Guidelines § 15369. Additionally, the Reduced Airport Fees are exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines (common sense exemption), which applies when “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 Reduced Airport Fees will not result in any significant impact on the environment from increased operations. Lastly, there is no reasonable probability that the Reduced Airport Fee will have a significant effect on the environment due to unusual circumstances.

Financial Impacts and Budget Actions
The FY 2024-25 Citywide Budget as revised, including operating and capital budgets, is $765.3 million, net of reimbursements and transfers, as described below:

Revenues (in millions, rounded)
FY 2024-25
Proposed
Budget
General Fund 458.8
All Other Funds 421.5
Total, before adjustment for reimbursements & transfers 880.3 less reimbursements & transfers (95.7)
Total, net of reimbursements & transfers 784.6
Operating Expenditures (in millions, rounded)
FY 2024-25
Proposed
Budget
General Fund 449.9
All Other Funds 304.6
Total, before adjustment for reimbursements & transfers 754.5 less reimbursements & transfers (81.4)
Total, net of reimbursements & transfers 673.1

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Capital Expenditures (in millions, rounded)
FY 2024-25
Proposed
Budget
FY 2025-26
Budget
Plan
General Fund 13.4 15.2
All Other Funds 93.1 102.2
Total, before adjustment for reimbursements & transfers 106.5 117.4 less reimbursements & transfers (14.3) (14.8)
Total, net of reimbursements & transfers 92.2 102.5
Full Time Equivalent (FTE) Positions
FY 2024-25
Proposed Budget
Permanent Temporary
General Fund 1,280.3 76.0
All Other Funds 756.3 9.0
Total Citywide FTEs 2,036.6 85.0
Adoption of the Proposed Budget as amended by Attachment D would formally adopt the FY 2024-25 Operating and CIP budget and approve the second year of the City’s FY 2024-26 Capital Improvement Program Budget.

Prepared By: Jennifer Young, Budget Manager
Approved Forwarded to Council
Attachments:

A. Attachment A - Budget Resolution (City Council)
B. Attachment B - Budget Resolution (Housing Authority) C. Attachment C - Budget Resolution (Parking Authority) D. Attachment D - Final Budget Adjustments for FY 2024-25 E. Attachment E - Master User Fee Resolution
F. Attachment F - Master Fine Resolution
G. Attachment G - Parking Rates Resolution
H. Attachment H - Resolution Waiving Outdoor Dining Fees

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I. Attachment I - General Salary Resolution
J. Attachment J - Position and Classification Changes
K. Attachment K - Gann Appropriations Limit Resolution
L. Attachment L - RMRA Resolution
M. Attachment M - CUE Pay Plan Resolution
N. Attachment N - Cannabis Tax Rate Resolution
O. Attachment O - May 28, 2024 Staff Report
P. Attachment P - May 28, 2024, item 5-E Staff Report
Q. Attachment Q - Council Discretionary Funds
R. Attachment R - June 27, 2023 Staff Report
S. Attachment S - February 27, 2024 Staff Report
T. Written Comments
U. PowerPoint Presentation

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Packet Pg. 344

ATTACHMENT A
1 City Council Meeting: June 25, 2024 Santa Monica, California

RESOLUTION NUMBER (CCS)
(City Counsel Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING ITS BUDGET FOR THE FISCAL YEAR 2024-25 AND APPROVING ITS CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2025-26 WHEREAS, the proposed Operating Budget for the Fiscal Year 2024-25, and the proposed Biennial Capital Improvement Program Budget for Fiscal Years 2024-25 and 2025-26 were submitted to the City Council of the City of Santa Monica (the “City Council”) not less than thirty-five (35) days prior to July 1, 2024; and WHEREAS, the City Council held a public hearing on said Budget after a notice of the budget hearing was published not less than ten (10) days prior thereto; and WHEREAS, after the public hearing, the City Council considered further its proposed Budget.

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

SECTION 1. The Fiscal Year (FY) 2024-25 Operating Budget, as submitted by the City Manager and revised by the City Council, included as the document entitled “City of Santa Monica FY 2024-25 Proposed Budget” (the “FY 2024-25 Budget”), as amended by Attachment D, is hereby adopted. The FY 2024-25 Capital Improvement Program Budget, as submitted by the City Manager and revised by the City Council, included in the document entitled “FY 2024-26 Capital Improvement Program Proposed Biennial Budget” (the “FY 2024-26 CIP Budget”), as amended by Attachment D, is hereby adopted. The FY 2025-26 Capital Improvement Program Budget, as submitted by the City

12.A.a
Packet Pg. 345 Attachment: Attachment A - Budget Resolution (City Council) [Revision 1] (6035 : Adoption & Approval of 2nd Year FY23-25 Biennial Budget,

ATTACHMENT A
2 Manager and revised by the City Council, included in the FY 2024-26 CIP Budget, as amended by Attachment D, is hereby approved.

In adopting the FY 2024-25 Operating Budget and FY 2024-25 Capital Improvement Program Budget, the City Council intends to, and by this Section does, adopt and approve the total operating appropriation for each departmental and non-departmental operating budget, consisting of Salaries and Wages, Supplies and Expenses major expenditure categories, each project of the Capital Improvement Program Budget, and the revenue detail. The City Manager is authorized to allot by Department and fund as appropriated. A list of the changes to the proposed Operating Budget for FY 2024-25, and proposed Biennial Capital Improvement Program Budget for FY 2024-25 and FY 2025-26 are attached hereto as Attachment D.

SECTION 2. In adopting the FY 2024-25 Operating Budget, the City Council hereby re-appropriates the General Fund and all other Non-General Fund unexpended encumbrances of the FY 2023-24 Budget. In adopting the FY 2024-25 Capital Improvement Program Budget, the City Council hereby re-appropriates the General Fund and all other Non-General Fund unencumbered balances and unexpended encumbrances of the FY 2023-24 Capital Improvement Program Budget.

SECTION 3. In adopting the FY 2024-25 Budget, the City Council hereby re-appropriates year-end remaining funds for multi-year operating grants and donations dedicated to programs, including federal recovery funding, and funds for the encumbrances of goods and services ordered in FY 2023-24 but not received or provided until FY 2024-25 for the City’s General Fund and proprietary funds (enterprise and internal service).

12.A.a
Packet Pg. 346 Attachment: Attachment A - Budget Resolution (City Council) [Revision 1] (6035 : Adoption & Approval of 2nd Year FY23-25 Biennial Budget,

ATTACHMENT A
3 SECTION 4. In adopting the FY 2024-25 Budget, the City Council hereby re-appropriates Measure CS and Council discretionary unencumbered balances and unexpended encumbrances of the FY 2023-24 Budget for the City’s General Fund.

SECTION 5. In adopting the FY 2024-25 Budget, the City Council reaffirms the Operating Budget Policies set forth in the City’s fiscal policies included in the FY 2023-25 Budget.

SECTION 6. The budgets of the Housing Authority and the Parking Authority have been reviewed by the City Council and are hereby approved and adopted.

SECTION 7. A copy of the Los Angeles County Third Supervisorial District Consolidated Oversight Board resolution approving the Successor Agency’s Administrative Budget for FY 2024-25, as adopted in January 2024, is attached hereto as Exhibit 1.

SECTION 8. A certified copy of the FY 2024-25 Budget and amendments shall be filed with the Director of Finance and with the City Clerk, and certified copies of the FY 2024-25 Budget shall be reproduced and made available for use as directed by Santa Monica City Charter section 1505.

SECTION 9. 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 T. SLOAN
City Attorney
Exhibit 1 Successor Agency Budget for Fiscal Year 2024-25

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Packet Pg. 347 Attachment: Attachment A - Budget Resolution (City Council) [Revision 1] (6035 : Adoption & Approval of 2nd Year FY23-25 Biennial Budget, Exhibit 1

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Packet Pg. 348 Attachment: Attachment A - Budget Resolution (City Council) [Revision 1] (6035 : Adoption & Approval of 2nd Year FY23-25 Biennial Budget, Exhibit 1

12.A.a
Packet Pg. 349 Attachment: Attachment A - Budget Resolution (City Council) [Revision 1] (6035 : Adoption & Approval of 2nd Year FY23-25 Biennial Budget, Exhibit 1

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Packet Pg. 350 Attachment: Attachment A - Budget Resolution (City Council) [Revision 1] (6035 : Adoption & Approval of 2nd Year FY23-25 Biennial Budget, SECTION 4. The Secretary of the Chair of the Third District Consolidated Oversight Board shall certify the adoption of this Resolution and thenceforth and thereafter the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED this 9
th day of January, 2024, by the following vote:

Ayes: J. Gordon; C. Houwen; S. Koffroth; R. Moran;T. Rosnik; P. Silvern Noes: None
Abstain: None

Absent: J. Erickson
ATTEST:
--·'
Martha 1Wcfria, D puty Clerk
Third Supervisorial District
Consolidated Oversight Board
Exhibit 1: Successor Agency Administrative Budget
Third Supervisorial District
Consolidated Oversight Board
Exhibit 1

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Packet Pg. 351 Attachment: Attachment A - Budget Resolution (City Council) [Revision 1] (6035 : Adoption & Approval of 2nd Year FY23-25 Biennial Budget, Exhibit 1

12.A.a
Packet Pg. 352 Attachment: Attachment A - Budget Resolution (City Council) [Revision 1] (6035 : Adoption & Approval of 2nd Year FY23-25 Biennial Budget, Exhibit 1

12.A.a
Packet Pg. 353 Attachment: Attachment A - Budget Resolution (City Council) [Revision 1] (6035 : Adoption & Approval of 2nd Year FY23-25 Biennial Budget,

ATTACHMENT B
1 City Council Meeting: June 25, 2024 Santa Monica, California RESOLUTION NUMBER _____ (HAS)
(Housing Authority Series)

A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA ADOPTING ITS BUDGET FOR THE FISCAL YEAR 2024-25 AND APPROVING ITS CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2025-26 WHEREAS, the proposed Operating Budget for the Fiscal Year 2024-25, and the proposed Biennial Capital Improvement Program Budget for Fiscal Years 2024-25 and 2025-26 were submitted to the Housing Authority of the City of Santa Monica (the “Housing Authority”) not less than thirty-five (35) days prior to July 1, 2024; and WHEREAS, the Housing Authority held a public hearing on said Budget after a notice of said budget hearing was published not less than ten (10) days prior thereto; and WHEREAS, after said public hearing, the Housing Authority considered further its proposed Budget.

NOW THEREFORE, THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA RESOLVES AS FOLLOWS:

SECTION 1. The Fiscal Year (FY) 2024-25 Operating Budget, as submitted by the Executive Director and revised by the Housing Authority, included as the document entitled “City of Santa Monica FY 2024-25 Proposed Budget” (the “FY 2024-25 Budget”), as amended by Attachment D, is hereby adopted. The FY 2024-25 Capital Improvement Program Budget, as submitted by the Executive Director and revised by the Housing Authority, included in the document entitled “FY 2024-26 Capital Improvement Program Proposed Biennial Budget” (the “FY 2024-26 CIP Budget”), as amended by

12.A.b
Packet Pg. 354 Attachment: Attachment B - Budget Resolution (Housing Authority) [Revision 1] (6035 : Adoption & Approval of 2nd Year FY23-25 Biennial

ATTACHMENT B
2 Attachment D, is hereby adopted. The FY 2025-26 Capital Improvement Budget, as submitted by the Executive Director and revised by the Housing Authority, included in the FY 2024-26 CIP Budget, as amended by Attachment D, is hereby approved.

In adopting the FY 2024-25 Operating Budget and FY 2024-25 Capital Improvement Program Budget, the Housing Authority intends to, and by this Section does, adopt and approve the total operating appropriation for each departmental and nondepartmental operating budget, consisting of Salaries and Wages, Supplies and Expenses major expenditure categories, each project of the Capital Improvement Program Budget, and the revenue detail. The Executive Director is authorized to allot by Department and fund as appropriated. A list of the changes to the proposed Operating Budget for FY 2024-25 and proposed Biennial Capital Improvement Program Budget for FY 2024-26 are attached hereto as Attachment D.

SECTION 2. A certified copy of the FY 2024-25 Budget and amendments shall be filed with the Director of Finance and with the Secretary, and certified copies of the FY 2024-25 Budget shall be reproduced and made available for use as directed by Santa Monica City Charter section 1505.

SECTION 3. In adopting the FY 2024-25 Budget, the Housing Authority re-appropriates the General Fund and all other Non-General Fund unexpended encumbrances of the FY 2023-24 Budget.

SECTION 4. In adopting the FY 2024-25 Budget, the Housing Authority hereby reaffirms Operating Budget Policies set forth in the City’s fiscal policies included in the FY 2023-25 Budget.

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Packet Pg. 355 Attachment: Attachment B - Budget Resolution (Housing Authority) [Revision 1] (6035 : Adoption & Approval of 2nd Year FY23-25 Biennial

ATTACHMENT B
3 SECTION 5. The Secretary 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 T. SLOAN
General Counsel to Housing Authority

12.A.b
Packet Pg. 356 Attachment: Attachment B - Budget Resolution (Housing Authority) [Revision 1] (6035 : Adoption & Approval of 2nd Year FY23-25 Biennial

ATTACHMENT C
1 City Council Meeting: June 25, 2024 Santa Monica, California RESOLUTION NUMBER _____ (PAS)
(Parking Authority Series)

A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA ADOPTING ITS BUDGET FOR THE FISCAL YEAR 2024-25 AND APPROVING ITS CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2025-26 WHEREAS, the proposed Operating Budget for the Fiscal Year 2024-25, and the proposed Biennial Capital Improvement Program Budget for Fiscal Years 2024-25 and 2025-26 were submitted to the Parking Authority of the City of Santa Monica (the “Parking Authority”) not less than thirty-five (35) days prior to July 1, 2024; and WHEREAS, the Parking Authority held a public hearing on said Budget after a notice of said Budget hearing was published not less than ten (10) days prior thereto; and WHEREAS, after said public hearing, the Parking Authority considered further its proposed budget.

NOW THEREFORE, THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA RESOLVES AS FOLLOWS:

SECTION 1. The Fiscal Year (FY) 2024-25 Operating Budget, as submitted by the Executive Director and revised by the Parking Authority, included as the document entitled “City of Santa Monica FY 2024-25 Proposed Budget” (the “FY 2024-25 Budget”), as amended by Attachment D, is hereby adopted. The FY 2024-25 Capital Improvement Program Budget, as submitted by the Executive Director and revised by the Parking Authority, included in the document entitled “FY 2024-26 Capital Improvement Program Proposed Biennial Budget” (“FY 2024-26 CIP Budget”), as amended by Attachment D, is

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Packet Pg. 357 Attachment: Attachment C - Budget Resolution (Parking Authority) [Revision 1] (6035 : Adoption & Approval of 2nd Year FY23-25 Biennial

ATTACHMENT C
2 hereby adopted. The FY 2025-26 Capital Improvement Program Budget, as submitted by the Executive Director and revised by the Parking Authority, included in the FY 2024-26 CIP Budget, as amended by Attachment D, is hereby approved.

In adopting the FY 2024-25 Operating Budget and FY 2024-25 Capital Improvement Program Budget, the Parking Authority intends to, and by this Section does, adopt and approve the total operating appropriation for each departmental and nondepartmental operating budget, consisting of Salaries and Wages, Supplies and Expenses major expenditure categories, each project of the Capital Improvement Program Budget, and the revenue detail. The Executive Director is authorized to allot by Department and fund as appropriated. A list of the changes to the proposed Operating Budget for FY 2024-25, and proposed Biennial Capital Improvement Program Budget for FY 2024-26 are attached hereto as Attachment D.

SECTION 2. A certified copy of the FY 2024-25 Budget and amendments shall be filed with the Director of Finance and with the Secretary, and certified copies of the FY 2024-25 Budget shall be reproduced and made available for use as directed by Santa Monica City Charter section 1505.

SECTION 3. In adopting the FY 2024-25 Budget, the Parking Authority re-appropriates the General Fund and all other Non-General Fund unexpended encumbrances of the FY 2023-24 Budget.

SECTION 4. In adopting the FY 2024-25 Budget, the Parking Authority hereby reaffirms the Operating Budget Policies set forth in the City’s fiscal policies included in the FY 2023-25 Budget.

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Packet Pg. 358 Attachment: Attachment C - Budget Resolution (Parking Authority) [Revision 1] (6035 : Adoption & Approval of 2nd Year FY23-25 Biennial

ATTACHMENT C
3 SECTION 5. The Secretary 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 T. SLOAN
General Counsel to the Parking Authority

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Packet Pg. 359 Attachment: Attachment C - Budget Resolution (Parking Authority) [Revision 1] (6035 : Adoption & Approval of 2nd Year FY23-25 Biennial

ATTACHMENT D
Fund Department(s) Description
FY 2024-25
Increase /
(Decrease)
General Fund Community
Development
Adjustment reflects a reduction in 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. $ (189,760)
Total General Fund Revenue Changes $ (189,760)
FY 2024-25
Community Development $ (189,760)
$ (189,760)
Fund Department(s) Description
FY 2024-25
Increase /
(Decrease)
Housing Authority Fund Housing and Human
Services
Adjustment reflects an increase in one-time grant reimbursement revenues for Continuum of Care Program expenses. $ 907,850 Miscellaneous Grants
Fund City Attorney
Reflects new grant from Los Angeles Homeless Services Authority to support the City Attorney's Office Shelter, Treatment, and Empowerment Program (STEP) Court.
$ 50,000
Pier Fund Community
Development
Adjustment reflects the estimated rent revenue from the license to Santa Monica Amusements approved by Council on May 28, 2024. $ 194,956 Total Other Fund Revenue Changes $ 1,152,806
FY 2024-25
Housing Authority Fund $ 907,850
total fund Miscellaneous Grants Fund $ 50,000
total fund Pier Fund $ 194,956
$ 1,152,806
$ 963,046

DETAIL OF REVISIONS (FINAL CHANGES)
TO PROPOSED FY 2024-25 BUDGET

REVENUE BUDGET ADJUSTMENTS
Total Revenue Changes All Funds
Grand Total Other Funds Revenue Changes
General Fund Revenue Changes by Department
Grand Total General Fund Revenue Changes
Other Fund Revenue Changes by Fund
Page D-1 of 3

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Packet Pg. 360 Attachment: Attachment D - Final Budget Adjustments for FY 2024-25 (6035 : Adoption & Approval of 2nd Year FY23-25 Biennial Budget, 1st &

ATTACHMENT D
Fund Department(s) Description
FY 2024-25
Increase /
(Decrease)
General Fund Non-Departmental
Reflects Council direction on May 28, 2024 to add 4.0 Police Officers.

Funding for FY 2024-25 has been pro-rated to reflect the expected filling of the new positions after existing vacancies have been filled. $ 424,920
Total General Fund Operating Expenditure Changes $ 424,920 FY 2024-25
Non-Departmental $ 424,920
$ 424,920
Fund Department(s) Description
FY 2024-25
Increase /
(Decrease)
General Fund Information Services Reflects Council direction on May 28, 2024 to fund the capital project for the CCTV Security Camera Program $ 250,000
General Fund Transportation Reflects Council direction on May 28, 2024 to fund the capital project for Quick Build Enhancements at Unsignalized Intersections $ 120,000 Total General Fund Capital Expenditure Changes $ 370,000 FY 2024-25
Information Services $ 250,000
Transportation $ 120,000
$ 370,000
$ 794,920
Operating Expenditures - General Fund
Capital Expenditures - General Fund

DETAIL OF REVISIONS (FINAL CHANGES)
TO PROPOSED FY 2024-25 BUDGET

EXPENDITURE BUDGET ADJUSTMENTS
Grand Total General Fund Operating Expenditure Changes
General Fund Capital Expenditure Changes by Department
Grand Total General Fund Capital Expenditure Changes
General Fund Operating Expenditure Changes by Department Grand Total General Fund Operating and Capital Expenditure Changes Page D-2 of 3

12.A.d
Packet Pg. 361 Attachment: Attachment D - Final Budget Adjustments for FY 2024-25 (6035 : Adoption & Approval of 2nd Year FY23-25 Biennial Budget, 1st &

ATTACHMENT D

DETAIL OF REVISIONS (FINAL CHANGES)
TO PROPOSED FY 2024-25 BUDGET

EXPENDITURE BUDGET ADJUSTMENTS
Fund Department(s) Description
FY 2024-25
Increase /
(Decrease)
Housing Authority Fund Housing and Human
Services
Adjustment reflects a one-time increase in Continuum of Care Program expenses, offset by associated grant reimbursement revenues.
$ 907,850
Miscellaneous Grants
Fund City Attorney
Reflects new grant from Los Angeles Homeless Services Authority to support the City Attorney's Office Shelter, Treatment, and Empowerment Program (STEP) Court.
$ 50,000
Total Other Funds Operating Expenditure Changes $ 957,850 FY 2024-25
Housing Authority Fund $ 907,850
total fund Miscellaneous Grants Fund $ 50,000
$ 957,850
General Fund Operating $ 424,920
Other Funds Operating $ 957,850
total fund Total Operating Changes all Funds $ 1,382,770 General Fund Capital $ 370,000
Other Funds Capital $ -
Total Capital Changes all Funds $ 370,000
$ 1,752,770
less reimbursements & transfers 1 $ -
Total Expenditure Changes all Funds, net of reimbursement & transfers $ 1,752,770 1 Technical adjustments to eliminate double counting of certain expenditures appearing in two funds.

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