Agenda packet — Santa Monica City Council, September 24, 2024 (part 1 of 4)

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

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: 9/25/2024 3:21 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. Information regarding the Levine Act can be found here or you can contact the FPPC.

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: 9/25/2024 3:21 PM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, SEPTEMBER 24, 2024
MEETING BEGINS AT 5:30 PM
HOW TO PROVIDE WRITTEN PUBLIC COMMENT:

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

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

CALL TO ORDER

PLEDGE OF ALLEGIANCE

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

Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made. Information regarding the Levine Act can be found here or you can contact the FPPC.

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.) . Written Comments

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

ITEMS, CONSENT CALENDAR ONLY)

3. SPECIAL AGENDA ITEMS
City of Santa Monica Generated: 9/25/2024 3:21 PM Page 4

3.A. Commendation: Solidarity Restaurant - New Item Received 9/24/2024

3.B. Proclamation: Suicide Prevention Month

3.C. Proclamation: Breast Cancer Awareness Month

3.D. Recognition of Outgoing Boards & Commission Members

3.E. City Manager Report

4. CLOSED SESSIONS
No items
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 Contract to Hayden Al, Inc. for Automated Bus Lane Enforcement Services
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the California Environmental Quality Act (CEQA) Guidelines.

2. Award a contract for automated bus lane enforcement services for the Department of Transportation to Hayden AI, Inc. pursuant to the exception to the competitive bidding process in Section 2.24.250 (c) of the Santa Monica Municipal Code.

3. Authorize the City Manager to negotiate and execute an agreement with Hayden AI, Inc. for automated bus lane enforcement services for the Department of Transportation. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (c) and is for a total amount not to exceed $1,508,904 over five years, with future year funding contingent on Council budget approval.

5.B. Award Contracts to SG Creative, LLC, Katz and Associates, Inc. and Randle Communications for On-Call Public Affairs & Communication Support for Water Resources Division
City of Santa Monica Generated: 9/25/2024 3:21 PM Page 5 Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award RFP #392 to SG Creative, LLC, Katz & Associates, Inc., and Randle Communications for On-Call Public Affairs & Communications Support for the Water Resources Division;

3. Authorize the City Manager to negotiate and execute an agreement with SG Creative, LLC, for a total amount not to exceed $500,000 over a five-year period, with future year funding contingent on Council budget approval;

4. Authorize the City Manager to negotiate and execute an agreement with Katz & Associates, Inc., for a total amount not to exceed $500,000 over a five-year period, with future year funding contingent on Council budget approval; and

5. Authorize the City Manager to negotiate and execute an agreement with Randle Communications, for a total amount not to exceed $500,000 over a five-year period, with future year funding contingent on Council budget approval.

5.C. Approve Construction Contract for Santa Monica Airport Paving Improvements Project
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 Bid #SP2716 to Sully Miller Contracting Co., for the construction of the Airport Paving Improvements Project for the Public Works Department;

3. Authorize the City Manager to negotiate and execute a contract with Sully Miller Contracting Co., in an amount not to exceed $ 2,106,066 (including a 10% contingency); and

4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.

5.D. Award and Establish Shortlist of Pre-Qualified Consultants and Contracts for On-Call Transportation Planning and Engineering Design Services Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of exemption pursuant to Section 15262 of the California Environmental Quality Act (CEQA) Guidelines.

2. Award and establish the pre-qualified list for transportation planning and engineering design services as part of RFQ #406 to consist of Fehr & Peers, Iteris, Inc., Kimley-Horn, KOA Corporation, Michael Baker International, Stantec, Toole Design Group, LLC, and Willdan Engineering.

3. Authorize the City Manager to negotiate and execute agreements for transportation planning and engineering design services with Fehr & Peers, Kimley-Horn, KOA Corporation, Michael Baker International, and Toole City of Santa Monica Generated: 9/25/2024 3:21 PM Page 6 Design Group, in amounts not to exceed $1,000,000 each for a three (3) year term, with two one-year renewal options.

5.E. Adoption of Resolution Authorizing the Application for Grant Funds from the U.S. Department of Interior - Bureau of Reclamation FY 2025 WaterSMART Drought Response Program for the Santa Monica Groundwater Well SM-4 Replacement Project
Recommended Action
Staff recommends that the City Council:

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

2. Adopt the attached resolution authorizing the application for grant funds in the amount of up to $3,000,000 from the U.S. Department of Interior - Bureau of Reclamation for the SM-4 Groundwater Well Replacement Project for the Public Works Department; and

3. Authorize the City Manager to execute all necessary documents to apply for the grant, accept the grant, if awarded, and accept all grant renewals, if awarded.

5.F. Adoption of a Resolution to Support the Los Angeles County Water Plan Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of statutory exemption pursuant to Section 10652 of the California Water Code; and

2. Adopt a Resolution to support the Los Angeles County Water Plan.

5.G. Adoption of Salary Resolution for the Re-establishment of a Job Classification Recommended Action
Staff recommends that the City Council

1. Adopt a finding of no possibility of significant effect pursuant to Section 15601(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Adopt a Resolution of the City of Santa Monica to re-establish the previously abolished job classification of Business and Revenue Operations Manager.

5.H. Approval of License Agreement with the Regent Hotel for Use of a Portion of Ocean Avenue
City of Santa Monica Generated: 9/25/2024 3:21 PM Page 7 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; and

2. Authorize the City Manager to negotiate and execute a license agreement with the Regent Hotel to use a portion of Ocean Avenue on October 24, 2024, for the grand opening event.

5.I. Second Reading and Adoption of an Ordinance Amending the City’s Hotel Worker Protection Ordinances
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

5.J. Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code Section 4.08.095 - Prohibition Against Camping in Public Places
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

5.K. Second Reading and Adoption of Local Amendment Ordinance to the 2022 California Energy Code for Energy Performance Approach Reach Code for New Construction
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

5.L. Second Reading and Adoption of an Ordinance Adding Santa Monica Municipal Code Section 2.32.290 to Prohibit Acceptance of Gratuities by Public Officials
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

5.M. City Council - Regular and Special Joint Meeting - Feb 27, 2024 5:30 PM

5.N. City Council - Regular Meeting - Sep 10, 2024 5:30 PM

5.O. City Council - Special Meeting - Sep 10, 2024 5:35 PM

6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
. Public Input for 12-Items will be heard at the time when the Public Hearing is called.

7. STUDY SESSION
No items

8. CONTINUED ITEMS
City of Santa Monica Generated: 9/25/2024 3:21 PM Page 8 No items

9. ADMINISTRATIVE PROCEEDINGS
No items

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

10.A. Introduction and First Reading of an Ordinance Adding Santa Monica Municipal Code Section 2.32.291 Prohibiting Providing and Acceptance of Gifts by Councilmembers
Recommended Action
Staff recommends that Council:

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

2. Introduce for first reading an Ordinance to add Section 2.32.291 to the Santa Monica Municipal Code prohibiting offering and acceptance of gifts by Councilmembers.

11. STAFF ADMINISTRATIVE ITEMS
No items

12. PUBLIC HEARINGS

12.A. Public Hearing and Adoption of Resolutions for Amendments to the Land Use and Circulation Element of the General Plan, Bergamot Area Plan, Downtown Community Plan; and Introduction for First Reading and Adoption of an Ordinance Amending Text of the Zoning Ordinance for Phase 2 Implementation of the 6th Cycle (2021-2029) Housing Element City of Santa Monica Generated: 9/25/2024 3:21 PM Page 9 Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that the proposed amendments to the LUCE, BAP, DCP, and Zoning Ordinance were analyzed as part of the 2021-2029 6th Cycle Housing Element Environmental Impact Report (EIR) and Addendum, and no further review pursuant to the California Environmental Quality Act (CEQA) is required;

2. Adopt Resolution Amending the Text of the Land Use and Circulation Element of the General Plan for Consistency with the Goals, Policies, and Programs Set Forth in the 6th Cycle (2021-2029) Housing Element, and Making Other Minor Changes, Corrections and Clarifications;

3. Adopt Resolution Amending the Text of the Bergamot Area Plan to Repeal Chapter 5, Development Standards and Land Use Regulations, for Integration of Those Provisions into the Zoning Ordinance;

4. Adopt Resolution Amending the Text of the Downtown Community Plan for consistency with the Goals, Policies, and Programs set forth in the 6th Cycle Housing Element, and Making Other Minor Changes, Corrections and Clarifications; and

5. Introduce for First Reading and Adoption of an Ordinance Amending the Text of the Zoning Ordinance for Consistency with the Goals, Policies, and Programs Set forth in the 6th Cycle (2021-2029) Housing Element; to Allow for the Separate Conveyances of Accessory Dwelling Units in accordance with AB 1033; Incorporate Interim Zoning Regulations Authorizing the Establishment of Objective Design Standards for Housing Projects that Qualify for the Streamlined Ministerial Approval Established by SB35; Integrate Development Standards and Land Use Regulations for the Bergamot Area Plan, with Amendments for Consistency with the Goals, Policies and Programs Set Forth in the 6th Cycle Housing Element, Updates to Development Standards for Non-Housing Projects, and Other Minor Amendments for Consistency with the Zoning Ordinance; for Consistency with Recent Updates to State Housing Law; and Making Other Minor Changes, Corrections, and Clarifications.

13. REPORTS OF BOARDS AND COMMISSIONS
No items

14. RESOLUTIONS
No items

15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
No items

16. COUNCILMEMBER DISCUSSION ITEMS
City of Santa Monica Generated: 9/25/2024 3:21 PM Page 10

16.A. Request by Councilmember Oscar de la Torre that the City Council endorse Measure A on the November 2024 ballot. Measure A is a countywide measure to repeal and replace the Measure H ¼ cent sales tax that expires in 2027, replacing it with a ½ cent sales tax, which is expected to raise approximately $1,076,076,359.00 annually until voters decide to end it, with new audits and oversight. The funds from Measure A will require accountability and results, create affordable housing, support home ownership, provide rental assistance, increase mental health and addiction treatment, reduce and prevent homelessness and provide services for children, families, veterans, domestic violence survivors, seniors, and disabled people experiencing homelessness. - New Attachment Added. 9/24/2024

16.B. Request by Councilmember Oscar de la Torre that the City Council discuss Measure G which will be on the November 2024 ballot. Measure G is a proposed County charter amendment which would amend the LA County Charter to create an elected County Executive, create an independent Ethics Commission to increase restrictions on lobbying and investigate misconduct, establish a nonpartisan Legislative Analyst to review proposed County policies, increase the Board of Supervisors from five to nine elected members; require County departments to present annual budgets in public meetings; using existing funding sources with no additional taxes to implement, as detailed in the charter amendment ordinance. This item is being brought to the City Council by Councilmember de la Torre as the City’s voting delegate at the Westside Cities Council of Governments. At its August 8, 2024 board meeting, the WSCCOG received a presentation on Measure G and direction was given to WSCCOG members to seek direction from their respective governing bodies and return prepared to discuss and possibly vote to take a position on Measure G at the WSCCOG’s next board meeting which is scheduled for October 10, 2024. Councilmember de la Torre is asking for the City Council to discuss this item so he can best represent the City during the WSCCOG Board discussion in October. ( Attachment includes Measure G presentation and text of the Motion adopted by the LA County Board of Supervisors.) - New Attachment Added. 9/24/2024

16.C. Request by Vice-Mayor Lana Negrete and Councilmember Christine Parra that the City Council allocate up to $2,500 from the Council Discretionary Fund to pay for programming at the Roll @ Santa Monica through its scheduled closure on October 14, 2024. - New Item Received 9/24/2024

ADJOURNMENT
Agendas and reports are accessible on the City's webpage at www.smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to [email protected]. Written comments received from the public by 12 PM City of Santa Monica Generated: 9/25/2024 3:21 PM Page 11 on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online. Members of the public who submit written public comment on an agenda item may be subject to the Levine Act which requires disclosure of campaign contributions of more than $250 to an officer of the City within the preceding 12 months.

City Hall and the Council Chambers are wheelchair accessible. If you require any special disability related accommodations to either attend or provide public testimony at a Council meeting (i.e. sign language interpreting, access to an amplified sound system, remote option, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917- 6626 or via email at [email protected] at least 72 hours prior to the scheduled meeting. Best efforts shall be made to accommodate requests received after the 72-hour deadline. In the case of special meetings, requests should be submitted as early as possible, but no later than noon the day of the special Council meeting.

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

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: September 24, 2024
Agenda Item:
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Written Comments
Prepared By: David Yakobson, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Written Comments
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Attachment: Written Comments [Revision 1] (6673 : Written Comments) 1 David Yakobson
From: Lezlie Lehmann <[email protected]>
Sent: Monday, September 16, 2024 7:08 PM
To: councilmtgitems
Subject: PLEASE TELL SMO "NO FLYING TAXIS"
Dear Santa Monica City Council Members,
I oppose development of infrastructure for use by Advanced Air Mobility (AAM), including Flying Taxis, at Santa Monica Airport (SMO), as well as any AAM operations to and from SMO.

The aviation industry promises to transform aviation by flooding the congested air above us with many thousands of low-flying Air Taxis over Southern California. The aviation industry provides unsupported claims that Air Taxis are safe, have no significant negative impacts, and will reduce traffic on the ground. They have also spent more than $22B developing and lobbying for Air Taxis, cloaked in secrecy, and with not one shred of evidence that people on the ground want or need them.

SMO would be the key to the beginning of AAM implementation. Agreeing to move forward in any way would have wide reaching impacts throughout the region! It would also make the intended use of the former airport land, a public park, unbearable for visitors.

Please consider the community on the ground and firmly reject any implementation of AAM/Flying Taxis at SMO.

Thank you for your consideration!
Lezlie Lehmann
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Attachment: Written Comments [Revision 1] (6673 : Written Comments) 2 David Yakobson
From: [email protected]
Sent: Tuesday, September 24, 2024 9:43 AM
To: councilmtgitems
Subject: ICE at Santa Monica

EXTERNAL
To Whom it May Concern:

I have been a patron of the rink since 2009 when I attended skating classes hosted by Randy Gardner. In 2013, was lucky enough to be hired as a coach & also helped out with special events & birthday parties.

In 2015, since I enjoyed the atmosphere there so much, decided to also offer my services as a skate guard as well & continued coaching, helping with special events through the winter of 2020.

Ice at Santa Monica was always my favorite outdoor rink. It was in an ideal location, right by the beach, shops, etc.. and it was affordable because it charged a flat rate to skate all day.

Post pandemic, I was glad to return with my colleagues for the season of 2022-23. Our patrons were so grateful to be back & happy that the rink was there to enjoy once again. Overall, we had a good season.

For the 2023-24 season, the city decided to do a major overhaul. The managers whom I worked with in 2013 were replaced as well as the skating school director, therefore was not hired back as a coach. However, was extremely thankful to be hired under the new management team & enjoyed my job as a rink hostess very much. The new managers were very pleasant & I had good working relations with each of them. The one major difference, however, was the cost to skate. From the time of the rink’s inception in 2006, it has always been a flat rate of $20. This is what the public was used to and what made this rink stand out. Furthermore, it was always meant for the community and to be affordable for everyone so hope you will consider restoring the original $20 daily rate price once again.

Thank You,
Lisa
Sent from the all new AOL app for iOS
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Attachment: Written Comments [Revision 1] (6673 : Written Comments) 3 David Yakobson
From: John Alle <[email protected]>
Sent: Tuesday, September 24, 2024 8:47 AM
To: The Santa Monica Coalition Organizer
Cc: John Alle
Subject: Today/Tuesday

EXTERNAL
Please listen at the end. Supervisor Lindsey Horvath states that the SANTA MONICA CITY COUNCIL is ADVANCING the handouts of free glass pipes and needles. How many NEEDLES and GLASS METH PIPES can $300 million buy? The Feds are following the MONEY ... and LA County Health Director BARBARA FERRER, LA County 3rd District Supervisor LINDSEY P. HORVATH, the VENICE FAMILY CLINIC and HEAL THE BAY. Santa Monica City Manager David White and Council Members are next in line.

Insta
https://www.instagram.com/reel/DAThbVwCwUY/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/4CDxlrSt3nU
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Attachment: Written Comments [Revision 1] (6673 : Written Comments) 1 David Yakobson
From: MAILA PASCARELLA <[email protected]>
Sent: Monday, September 23, 2024 12:38 PM
To: councilmtgitems
Subject: Comment about Parking Police

EXTERNAL
Hello,
Wishing you well!
I have a question and I do not understand if I am driving and I have important called came in and parked to be safe on permit only and is not clean up day…
A SM Parking Police back up and wanting me to moved!
I am in the car! I am not bothering anyone!
And it’s happened I am talking to my elderly friend who has cancer and need comforting words! I am also SM resident.

I also I understood the rules and regulations, I don't understand why u cannot parked temporary? Thank you
MPascarella
Sent from my iPhone
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Attachment: Written Comments [Revision 1] (6673 : Written Comments) 1 David Yakobson
From: Hye-Young Chung <[email protected]>
Sent: Monday, September 23, 2024 11:39 AM
To: councilmtgitems
Subject: Set up a Park Safety Commission - Memorial Park

EXTERNAL
Dear Members of Santa Monica City Council
I am writing to you as a concerned patron of Memorial Park. I am gathering signatures from athletes, family members, parents, and citizens who use the amenities there - which include the numerous tennis and pickleball courts, baseball fields, skateboard park and recreation center.

Our demand is access to a Safe Memorial Park.

In recent weeks, we have been concerned for the safety of ourselves and the more vulnerable population, our children. Please see a list of incidents below:

1. A 5 year old child was approached by an unhoused person in conversation to “play a game”.

2. An unhoused and unstable individual jumped the fence into the Cove skatepark while children were skateboarding in the park, which resulted in evacuation.

3. An unhoused and unstable individual is having altercations in the public parking lot. This individual and others are currently residing in cars in the public parking lot.

4. Public drug use is being conducted in the public bathrooms at the Little League fields, which is the main bathroom used by families. We have noticed individuals residing in some of the bathroom stalls, leaving feces and hypodermic needles in close proximity to the Little League fields.

We demand that our Santa Monica government officials focus their attention on this matter and come up with a strategic plan to be enforced immediately to ensure access to a Safe Memorial Park. --
Hye-Young Chung, AIA, LEED AP
www.hycarch.com
+1-646-912-0666
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Attachment: Written Comments [Revision 1] (6673 : Written Comments) 1 David Yakobson
From: Yuriko Yanni <[email protected]>
Sent: Tuesday, September 17, 2024 4:58 PM
To: councilmtgitems
Subject: PLEASE TELL SMO "NO FLYING TAXIS"
Follow Up Flag: Follow up
Flag Status: Completed

EXTERNAL
Dear Santa Monica City Council Members,
I oppose development of infrastructure for use by Advanced Air Mobility (AAM), including Flying Taxis, at Santa Monica Airport (SMO), as well as any AAM operations to and from SMO.

They have also spent more than $22B developing and lobbying for Air Taxis, cloaked in secrecy, and with not one shred of evidence that people on the ground want or need them.

Please consider the community on the ground and firmly reject any implementation of AAM/Flying Taxis at SMO.

Thank you for your consideration!
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Attachment: Written Comments [Revision 1] (6673 : Written Comments) 2 David Yakobson
From: Mireille Eskigian <[email protected]>
Sent: Wednesday, September 18, 2024 7:24 AM
To: councilmtgitems
Subject: PLEASE TELL SMO "NO FLYING TAXIS"
Follow Up Flag: Follow up
Flag Status: Completed

Please consider the community on the ground and firmly reject any implementation of AAM/Flying Taxis at SMO.

Thank you for your consideration!
Mireille Eskigian
Sent from my iPhone
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Attachment: Written Comments [Revision 1] (6673 : Written Comments) 3 David Yakobson
From: John Alle <[email protected]>
Sent: Wednesday, September 18, 2024 8:30 AM
To: The Santa Monica Coalition Organizer
Cc: John Alle
Subject: A Day In The Life of Santa Monica's The 3rd Street Promenade Follow Up Flag: Follow up
Flag Status: Completed

EXTERNAL
Why must residents, businesses and tourists in Santa Monica wait until AFTER the November City Council Elections to reinstate funds for the Chief of Police to hire 100 more officers he says he needs? Why must PUBLIC SAFETY be compromised? Why can't SMPD's Downtown Services Unit be restored NOW to 33 sworn officers from the current 14 sworn officers? Lives, property, businesses and city revenue are on life support. These women clearly say they do NOT call the City's Downtown Private Security, Legion Corporation, because Legion cannot arrest, detain, and are not armed to protect even themselves.

Insta
https://www.instagram.com/reel/DAD_3dWiSUJ/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/l8B_U2wntOE
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Attachment: Written Comments [Revision 1] (6673 : Written Comments) 4 David Yakobson
From: John Alle <[email protected]>
Sent: Thursday, September 19, 2024 8:56 AM
To: The Santa Monica Coalition Organizer
Cc: John Alle
Subject: Today

EXTERNAL
In Santa Monica, open use of drugs on the 3rd Street Promenade, sidewalks of Downtown, and parks, along with theft on a daily basis, are what our City Manager, Downtown Santa Monica, Inc. (DTSM), and City leaders have gifted residents, restaurant owners and retailers. Employees are brave. Public safety does NOT work without traditional law enforcement mixed with new ideas.

Insta
https://www.instagram.com/reel/DAGnnZeiwru/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/xbVLJdZJDBo
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Attachment: Written Comments [Revision 1] (6673 : Written Comments) 5 David Yakobson
From: John Alle <[email protected]>
Sent: Friday, September 20, 2024 9:19 AM
To: The Santa Monica Coalition Organizer
Cc: John Alle
Subject: The Metro's First and Last Stop in Santa Monica

EXTERNAL
These images are from THURSDAY morning and afternoon, September 19, 2024. LOCATION is the last Metro E Line Stop to and from Downtown Santa Monica at 4th & Colorado. Early morning and NO 'Tap and Pay.' Free and easy access to platforms between, under and over the turnstiles. Open drug dealing. Dangerous to students, residents and workers who rely on public transportation and travel long distances to and from Santa Monica. MTA: Please staff the entries at ALL hours the trains run. Provide security during off hours.

Insta
https://www.instagram.com/reel/DAJM9W5iMm4/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/aCnxfk_F6jQ
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Attachment: Written Comments [Revision 1] (6673 : Written Comments) 6 David Yakobson
From: John Alle <[email protected]>
Sent: Saturday, September 21, 2024 1:23 PM
To: The Santa Monica Coalition Organizer
Cc: John Alle
Subject: Saturday

EXTERNAL
Wherever you grew up, the first time we left the house alone, our Moms said make sure to look right & left when you crossed the street.

They didn’t tell us to look up for criminals crawling through the roof. Maybe we need to update our advice to our children in Santa Monica.

Insta
https://www.instagram.com/reel/DAL2EXsifXO/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/kUT9s_mrA0A
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Attachment: Written Comments [Revision 1] (6673 : Written Comments) 7 David Yakobson
From: John Alle <[email protected]>
Sent: Sunday, September 22, 2024 3:06 PM
To: The Santa Monica Coalition Organizer
Cc: John Alle
Subject: Santa Monica's 45 + Year RULING ESTABLISHMENT

EXTERNAL
In Santa Monica, doesn't it seem like it's always the social justice warriors who are the most misogynistic? The entrenched policies of the 45 + year establishment are not working.

Insta
https://www.instagram.com/reel/DAOcxVHiJio/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/Syl050khiTY
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Attachment: Written Comments [Revision 1] (6673 : Written Comments) 8 David Yakobson
From: John Alle <[email protected]>
Sent: Monday, September 23, 2024 9:05 AM
To: The Santa Monica Coalition Organizer
Cc: John Alle
Subject: $96 Million Spent for Tongva Park, Now One of Santa Monica's De-Facto Homeless Shelters

EXTERNAL
If parks are even a thought for Santa Monica's Mayor and City Council, they are an afterthought. When the 2018 Martin vs. Boise was decided by the then-US Court of Appeals for the Ninth Circuit, Santa Monica's City Attorney, City Manager and City Council issued pocket cards within days with instructions for Police and residents, explaining that the city was allowing 24-7 camping in parks, sidewalks and public spaces. The recent Grants Pass decision by the US Supreme Court is now 'the law of the land' and imposes criminal penalties for public camping and public sleeping - - even if cities lack sufficient shelter space to accommodate their unhoused. Santa Monica declared a "State of Emergency" 2 years ago, and despite the recent US Supreme Court's Grants Pass Decision and Governor Newsom's Executive Order, has done nothing.

Insta
https://www.instagram.com/reel/DAQ_BI8i1XT/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/QXKAE8lugOM
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Attachment: Written Comments [Revision 1] (6673 : Written Comments) City Council
Report
City Council Meeting: September 24, 2024
Agenda Item: 3.A
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Special Agenda Items
Subject: Commendation: Solidarity Restaurant
Prepared By: Gilbert Portillo, Administrative Staff Assistant Approved Forwarded to Council

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City Council
Report
City Council Meeting: September 24, 2024
Agenda Item: 3.B
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Special Agenda Items
Subject: Proclamation: Suicide Prevention Month
Prepared By: Gilbert Portillo, Administrative Staff Assistant Approved Forwarded to Council

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City Council
Report
City Council Meeting: September 24, 2024
Agenda Item: 3.C
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Special Agenda Items
Subject: Proclamation: Breast Cancer Awareness Month
Prepared By: Gilbert Portillo, Administrative Staff Assistant Approved Forwarded to Council

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City Council
Report
City Council Meeting: September 24, 2024
Agenda Item: 3.D
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Recognition of Outgoing Boards & Commission Members The City of Santa Monica has a rich history of public participation through its boards, commissions, and task forces program. These volunteers serve in an advisory capacity, assisting the Council in providing linkages between residents, organizations, city officials and the general community.

On behalf of the City of Santa Monica, the City Council, in coordination with the Office of the City Clerk, would like to extend their appreciation and well wishes to the following members who completed their service to a board, commission, or task force between July 1, 2023 and June 30, 2024 (see attached list).

Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:

A. Recognition List 2024

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Recognition of Outgoing Members Who Have Termed Out
Name Board/Commission
Michael Baroff
Nanci Linke-Ellis
Peter Trinh
Ericka Lesley
Barry Snell
Judy Abdo
Elliot Gordon
Ellis Raskin
Arts Commission
Disabilities Commission
Downtown Santa Monica, Inc.

Downtown Santa Monica, Inc.

Metropolitan Water District
Personnel Board
Planning Commission
Arati Desai Wagabaza Recreation and Parks Commission
Lucien Plauzoles Santa Monica Library Board
Christopher Foster Santa Monica Pier Corporation
Jeffrey Jarow Santa Monica Pier Corporation

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Attachment: Recognition List 2024 [Revision 1] (6607 : Recognition of Outgoing Boards & Commission Members) City Council
Report
City Council Meeting: September 24, 2024
Agenda Item: 3.E
1 of 1
To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: City Manager Report
Prepared By: Sergio Ramirez, Chief of Staff
Approved Forwarded to Council

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City Council
Report
City Council Meeting: September 24, 2024
Agenda Item: 5.A
1 of 7
To: Mayor and City Council
From: Anuj Gupta, Director of Transportation, Department of Transportation, Finance & Administrative Services
Subject: Award Contract to Hayden Al, Inc. for Automated Bus Lane Enforcement Services
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the California Environmental Quality Act (CEQA) Guidelines.

Summary
Big Blue Bus (BBB), a division of the Santa Monica Department of Transportation (DOT), operates 194 transit buses across 69 square miles of greater Los Angeles providing more than 800,000 rides each month. As part of its commitment to providing customers with safe, reliable, innovative, accessible, and sustainable connections to economic opportunity, BBB conducted a 45-day proof-of-concept pilot in July 2023 to test the effectiveness of an automated bus lane monitoring and enforcement system.

The BBB pilot data and similar deployments in other cities confirmed that automated

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bus lane enforcement (ABLE) could potentially improve BBB system performance by shortening travel times, improving ridership, and supporting system safety by keeping bus-only lanes and bus stops and zones clear of illegally parked vehicles. To this end, DOT submitted a project to implement ABLE technology in the FY2024-2026 Capital Improvement Program (CIP) budget that the City Council approved in June 2024. Staff recommends proceeding with implementation of ABLE by awarding a contract to Hayden AI, Inc. for ABLE services on 10 BBB buses.

Discussion
California’s Assembly Bill (AB) 917, which went into effect on January 1, 2022, allows public transit operators across the state to install automated forward-facing cameras on transit vehicles to enforce parking violations in bus lanes and designated transit stops.

According to UCLA Researchers, deploying transit-only lanes can improve travel times during peak congestion periods by 20-28%. Other research from the Victoria Transport Policy Institute in Canada shows that shortening travel times by as little as 5-15% can increase ridership by 2-9%.

AB 917 extended authorization granted previously to the City and County of San Francisco to “any public transit operator in the state until January 1, 2027” to “enforce parking violations in specified transit-only traffic lanes through the use of video imaging and to install automated forward-facing parking control devices on City-owned public transit vehicles for the purpose of video imaging parking violations occurring in transitonly traffic lanes.”1 From May 15, 2023, through June 30, 2023, as described in an Information Item published on September 20, 2023 (included here as Attachment A), DOT staff conducted a pilot of an automated bus lane monitoring system as a proof-of-concept and to identify the volume of parking violations occurring in bus-only lanes and bus stop zones in our service area.

Two BBB buses were equipped with automated, AI-powered camera systems that detected vehicles parked in designated no-parking zones. The onboard equipment included a forward-facing context camera and a license plate reading (LPR) camera 1 California Vehicle Code, https://legiscan.com/CA/text/AB917/2021

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behind the front windshield of the bus along with a computing box in the bus’s electrical cabinet and an antenna on the roof of the bus.

Figure 1 - Mobile, AI-based computing system (left) and cameras installed on pilot buses (right) For 45 days at no cost, the vendor, Hayden AI, provided access to their cloud-based portal that generated data analytics on near real-time camera activity and key performance indicators, enabling BBB to gather relevant information to understand bus lane and bus stop violations and usage trends.

The two pilot buses operated on Route 3 and Rapid 3, BBB’s service to LAX, focusing on violations of the Lincoln Blvd. peak-hour bus-only lanes in Santa Monica. Sample evidence packages of violations were shared with the Santa Monica Police Department’s (SMPD) Traffic Services Division. In consideration of data retention and security, staff confirmed that AI cameras capture only potential violation images, and license plate numbers are only captured if the AI camera flags a potential violation. If a violation is suspected, a secure, encrypted evidence package is created. Since the purpose of this pilot was to assess the technology and gather data, any evidence packages created during the 45-day pilot were for information only and subsequently deleted.

The pilot found a total of 606 bus-only lane and bus stop violation incidents, of which 335 incidents occurred in the Lincoln Blvd. peak-hour bus-only lanes in Santa Monica, with the remainder occurring in bus stop zones. Violation hotspots in the Lincoln Blvd. bus-only lanes and at bus stops along Route 3 are shown below in Figures 2 and 3, respectively.

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Figure 2 - Heat map of all events captured in bus-only lane 5/15/23 through 6/30/23 Figure 3 - Heat map of all events in bus stop zones during pilot

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Other significant pilot findings:
• Roughly 80 percent of bus-only lane violations occurred during the southbound (afternoon) lane restriction period.
• During the pilot, significantly more violation incidents occurred on Fridays (160) and Thursdays (133) than on other days of the week.
• The two pilot buses recorded an average of 7.7 violations per bus per day over the 45-day pilot period.

All video data collected during the pilot was only for the purpose of assessing the value of the technology, kept confidential, and erased within 15 days of the conclusion of the pilot in accordance with AB 917.

Staff concluded that given the successful proof of concept and the significant potential for improving BBB system performance and reducing safety hazards, a competitive procurement of ABLE technology to be installed on a portion of the BBB fleet was warranted. While reviewing procurement options for ABLE technology, staff learned that in October 2023, after conducting a competitive procurement, the Los Angeles County Metropolitan Transportation Authority (LA Metro) had awarded a contract to Hayden AI, Inc., for automated bus lane enforcement technology. After confirming that LA Metro’s procurement met the City of Santa Monica’s requirements for an exception to competitive bid award per 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,” staff recommends that the Council approve the award of a five-year contract to Hayden AI, Inc. for a total amount not to exceed $1,508,904, to provide the hardware and software for and maintain the ABLE technology on ten BBB buses.

Administrative citation processing services will be provided by Trellint (formerly Conduent), with which the City, through DOT’s Parking Operations Division, already has a contract for such services. A $75,000 one-time fee to integrate the Hayden AI system with the Trellint citation processing system will be included in the Hayden AI contract budget. Review and approval of packages generated by the system would be conducted by a Traffic Services Officer (TSO) in the SMPD’s Parking Enforcement Unit.

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Based on the information compiled in the pilot period, staff anticipates sufficient new citation revenue will be generated through the ABLE program within approximately one year of launch to cover the cost of the 0.5 FTE TSO included in the FY 2024-25 Adopted Budget. Until then, DOT has committed to reimburse the General Fund for the

0.5 FTE TSO.

Vendor Selection
Exception to Competitive Bidding
Staff recommends Hayden AI to furnish and deliver automated bus lane enforcement services as an exception to competitive bidding per Muni Code 2.24.250 (c). In 2023, LA Metro awarded a contract for automated bus lane enforcement to Hayden AI after a competitive procurement process, and the bid validity period for that procurement, which ended on 8/24/23, was extended on behalf of the City of Santa Monica. The services Hayden AI will provide to the Santa Monica DOT are being offered at the same or better price than that offered to LA Metro for the same services and under the same favorable terms and conditions.
c. competitive procedures were followed by a governmental agency, federal, state, county, city, joint powers agency, special district, or cooperative purchasing agency and the goods or services are supplied to the City at the same or better price.

Environmental Review
This project is categorically exempt from CEQA pursuant to Section 15321 of the CEQA Guidelines. Section 15321 exempts project from CEQA that are actions by regulatory agencies to enforce a law or general rule administered or adopted by the regulatory agency. The project would award a contract to Hayden AI for automated bus lane enforcement on 10 BBB buses. As part of this contract, equipment would be mounted on existing Big Blue Bus vehicles during their regular service for the purposes of enforcing bus lane violations. Furthermore, none of the exceptions to Categorial Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Big Blue Bus Fund to award a contract with Hayden AI, Inc., for automated bus lane enforcement (ABLE) technology services.

Contract Request
FY 2024-25 Request Amount Future Years’
Amount CIP Account # Total Contract Amount
$260,155 $1,248,749   C6009110.689000 $1,508,904

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The citation revenues associated with the ABLE Program will be deposited in the General Fund. Currently, citation revenue is deposited to account 011800001.412010.

Upon approval of the contract award, a new revenue account will be created specifically for ABLE citation revenue. The timing and amount of the revenues to be generated are indeterminate at this time. The department will track and monitor the revenues. Any budget adjustments would be incorporated in a future budget, as needed.

Prepared By: Barbara Andres, Customer Experience and Innovation Administrator
Approved Forwarded to Council
Attachments:

A. 2023-09 Information Item on DoT Technology Pilots_Completed and New B. Hayden AI. OAKS INITIATIVE FORM
C. Hayden AI. Levine Act Disclosure Form
D. Written Comments

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Information Item
1 Date: September 20, 2023
To: Mayor and City Council
From: Anuj Gupta, Interim Director of Transportation
Subject: Santa Monica Department of Transportation (DOT) Technology Pilot Updates
Introduction
On April 14, 2023, the Santa Monica Department of Transportation (DOT) announced two short-term, no-cost artificial intelligence (AI)-driven technology pilots: (1) a 45-day test of camera technology supporting on-time bus performance and safety, and (2) a 60-day pilot of a video-camera monitoring system to protect public facilities and help keep Santa Monica clean and safe. Both pilots have now concluded.

DOT continues to use free- or low-cost pilots to test new technology concepts and has just launched two new bus stop amenity pilots. This report will discuss the findings of the completed pilots and provide an overview of the pilots now underway.

Background
A few months ago, DOT launched two no-cost pilots to test innovative technologies. In May 2023, a camera system that uses AI to scan bus lanes and bus stop zones for illegally parked vehicles was installed on two City buses. The purpose of the pilot was to gather data on whether the efficiency of Big Blue Bus service could be improved using automatic bus lane enforcement (ABLE). This is in line with new state legislation that took effect in January 2022 allowing California transit agencies to use cameras on buses to enforce bus-only lane and zone usage.

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Attachment: 2023-09 Information Item on DoT Technology Pilots_Completed and New (5850 : Award Contract for Automated Bus Lane Information Item: DOT Technology Pilot Update
In June 2023, the DOT, Information Services Department (ISD), Santa Monica Police Department (SMPD), and the Library Department partnered to pilot a proactive video monitoring (“virtual guard”) system at the Main Library to determine if that service could improve the safety of City facilities after hours. Both pilots have now concluded, and staff has reviewed the data collected by the pilot systems.

Discussion
Automated bus lane and zone enforcement
California’s AB 917, which went into effect on January 1, 2022, allows public transit operators to install automated forward-facing cameras on transit vehicles to enforce parking violations in bus lanes and at designated transit stops.i

To test this technology in the Big Blue Bus (BBB) service area, the pilot vendor (Hayden AI) equipped two buses with camera systems that detected vehicles parked in bus-only lanes and designated no-parking bus zones. The equipment included a forward-facing AI-powered context camera and a license plate reading (LPR) camera behind the front windshield of the bus, a computing box in the bus’s electrical cabinet, and an antenna on the roof of the bus.

For 45 days and at no cost, staff had access to the vendor’s cloud-based portal for analytics on near real-time camera activity and key performance indicators. This enabled BBB to gather relevant data to better understand current bus lane and bus stop violations and usage trends. The two pilot buses operated on Route 3 and Rapid 3, serving Downtown Santa Monica to/from LAX, and focused on violations of the Lincoln Blvd. bus-only lane in Santa Monica. Although no enforcement was carried out during the pilot, which was for data-collection purposes only, staff from SMPD’s Traffic Services Division participated in the pilot to assess the potential for automated parking enforcement. Among the findings:

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Attachment: 2023-09 Information Item on DoT Technology Pilots_Completed and New (5850 : Award Contract for Automated Bus Lane Information Item: DOT Technology Pilot Update
• A total of 606 bus-only lane and bus stop violation incidents were reported. • Of these, 335 incidents occurred in the Lincoln Blvd. bus-only lane in Santa Monica and the remainder occurred in bus stop zones. The concentrations of occurrences in the Lincoln Boulevard bus-only lane and at bus stops along Route 3 are shown below in Figures 1A and 1B.

Figure 1A - Heat Map of All Events Captured in Bus-Only Lane During Pilot

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Attachment: 2023-09 Information Item on DoT Technology Pilots_Completed and New (5850 : Award Contract for Automated Bus Lane Information Item: DOT Technology Pilot Update
Figure 2B - Heat Map of All Events in Bus Stop Zones During Pilot • Roughly 80 percent of bus-only lane violations occurred during the southbound (afternoon) lane restriction period.
• During the pilot, significantly more violation incidents occurred on Fridays (160) and Thursdays (133) than on other days of the week.
• The two pilot buses recorded an average of 7.7 violations per bus per day over the 45-day pilot period.
• All video data collected during the pilot was only for the purpose of assessing the value of the technology, kept confidential, and erased within 15 days of the conclusion of the pilot in accordance with AB 917.

Proactive video monitoring
To support equitable economic recovery and create a cleaner, safer city, DOT and ISD partnered with several other City departments to pilot proactive video monitoring at the Main Library for 60 days. Proactive video monitoring is a crime-deterrence solution that uses AI to flag incidents seen by cameras in areas like parking lots, courtyards, and structures. The technology can help deter trespassing or crimes as the vendor’s trained specialists are alerted when the system identifies a situation, and they engage with

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Attachment: 2023-09 Information Item on DoT Technology Pilots_Completed and New (5850 : Award Contract for Automated Bus Lane Information Item: DOT Technology Pilot Update
intruders through loudspeakers in real time. Intruders are told to leave the premises immediately or law enforcement will be called. In most cases, the individuals leave quickly and do not return, but if they do not leave despite several warnings, security personnel (provided by Good Guard) or law enforcement (in the case of criminal activity) are dispatched.

Seven wireless cameras and two speakers were installed by the pilot vendor Netwatch in two highly trafficked areas at the Main Library. Key staff received access to the system’s data portal, stakeholder questions were answered in a town hall-style meeting, local businesses were notified, and the pilot launched on May 29, 2023.

During the 60-day pilot period, staff observed that incidents of loitering and anti-social behavior were significantly deterred, with an overall decrease in behaviors such as skateboarding in entry/exit courtyard areas, dumpster diving, loitering, and drug/alcohol use on City property. Additionally, facilities staff noted a cleaner space in the mornings before the library’s opening hours, with less mess and hazardous waste requiring clean-up compared to pre-pilot, thus enhancing the experience for both staff and library patrons.

In total, the pilot system identified and managed 145 incidents, including 19 referrals to Good Guard Security and 7 police dispatches.

The pilot also showed a significant reduction in incidents overall. As illustrated in Figure 2, below, an average of 10 nightly incidents on weekdays and 14 incidents on weekends decreased to a range of fewer than four incidents nightly, representing a 60% and 71% decrease in incidents respectively, and a combined decrease of 66% during the pilot’s 60-day duration.

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Attachment: 2023-09 Information Item on DoT Technology Pilots_Completed and New (5850 : Award Contract for Automated Bus Lane Information Item: DOT Technology Pilot Update
Figure 3 - Proactive Video Monitoring Pilot Results
Throughout the pilot, Netwatch was committed to meeting the City’s data security, privacy, and retention standards and policies, including storing data onsite for no more than 30 days and in the cloud for an additional 14 days before securely deleting data no longer needed. Both cloud and onsite firewalls were deployed as security measures to protect networks and systems from unauthorized access, hacking, and other security threats.

Summary and Next Steps
Completed Pilots
Automated bus lane enforcement (ABLE): Given the successful proof of concept, and the significant potential for improving BBB system performance, staff plans to continue internal discussions and then participate in a competitive procurement for this technology. Once the procurement is complete, staff will make recommendations to the Council for a contract award. LA Metro is currently in the process of procuring a similar system and the results of that procurement may impact DOT’s scope and timeline, particularly if the City can piggyback on that open competitive procurement.

Once in place, automated bus lane enforcement technology can be used to issue citations to those illegally parked in bus lanes and bus stops with the goal of improving travel times, ridership, and system safety over time. The cost of the technology would be offset by citation revenue.

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Attachment: 2023-09 Information Item on DoT Technology Pilots_Completed and New (5850 : Award Contract for Automated Bus Lane Information Item: DOT Technology Pilot Update
Proactive video monitoring: This initiative, which could potentially support the city’s Clean and Safe efforts, has been transferred to the Information Services Department for further research on the feasibility of this enterprise-level technology. ISD staff are evaluating the best path forward for this security service, including ways to implement the technology at other locations and how it can integrate with the Real Time Crime Information Center being proposed by the Santa Monica Police Department.

Two New Bus Stop Amenity Pilots
As an ongoing process, DOT staff continues to scan the transportation technology marketplace for solutions to improve the customer experience for all transportation modes in the city. One result of these efforts is the August 2023 launch of two new pilot projects to test amenities at our bus stops.

1. Bus Stop Lighting: A June 2023 assessment of all 914 BBB stops identified 59 bus stops without sufficient lighting. To test a solution for a safer bus stop experience, DOT’s Planning and Performance Division is launching a six-month no-cost pilot of two solar-powered bus stop fixtures that feature security lighting as illustrated in Figure 3.

During the six-month pilot period, the two units may be moved to different stops to test their reliability and durability under various conditions.

Figure 4 - Bus stop lighting solution

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Attachment: 2023-09 Information Item on DoT Technology Pilots_Completed and New (5850 : Award Contract for Automated Bus Lane Information Item: DOT Technology Pilot Update

2. Real-time Information for Customers: BBB customers currently benefit from electronic signs providing bus arrival information at 151 of the 914 bus stops in our service area. These signs are solar-powered LCD dot-matrix units with a strict character limit and text-only display. The signs’ locations were determined based on the number of daily boardings at those stops; only stops at which 100 or more people board daily require signs according to BBB’s bus stop amenity standards. The June 2023 bus stop amenity study found that 21 bus stops that should display real-time bus arrival information do not have electronic signs. This pilot will test real-time long-life batterypowered signs with an electronic paper (e-paper) display at five of the 21 bus stops where real-time arrival information is needed.

Unlike the LCD signs we use currently, which can only display a limited amount of text, e-paper, also known as electronic ink (e-ink) or intelligent paper, has no character limit and can display a variety of messaging including service and detour alerts, QR codes to purchase tickets or get more information, public service announcements, advertising, or a clock. Weather reports or other dynamic web content can also be displayed. The cost of the pilot is less than $25,000 including all hardware, content management software, and one year of cellular data and system maintenance.

During the pilot, five BBB-branded, long-life battery-operated, tamper-resistant 13-inch e-paper display screens with external push-button text-to-speech audio will be mounted onto existing BBB transit poles at eye level and will transmit bus arrival times for the route(s) that serve the stop. A rendering of a planned sign is shown in Figure 4. At the pilot stops shared with other transit agencies, the signs will provide the other agencies’ arrival data as well as BBB’s feed.

As shown in Figure 5 below, the display content is customizable and can include a variety of messages in addition to the next bus arrival times. DOT staff will be trained on the content management system and an additional display screen will be set up in the Community Engagement and Customer Experience office so the content showing in the field is visible to staff.

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Attachment: 2023-09 Information Item on DoT Technology Pilots_Completed and New (5850 : Award Contract for Automated Bus Lane Information Item: DOT Technology Pilot Update
Figure 5 - Rendering of the planned 13-inch tamper-resistant display with a long-life battery module and customized
branding
Figure 6 - 13-inch display with real-time next departures, marketing campaign, agency branding, and custom footer
with QR code. All content is customizable. LA Metro-branded graphics are shown for reference.

Design details for the signs are currently being finalized, and then the signs will be manufactured and shipped. They are expected to arrive sometime in November ready for installation by DOT staff. In the weeks before the signs arrive, the software will be configured, and DOT staff will be trained on using the content management system.

Staff will monitor the performance of the pilot real-time information e-paper signs and lighting fixture prototypes and will make recommendations for competitive procurement processes if one or both pilot products meet performance benchmarks.

Prepared By: Barbara Andres, Customer Experience & Innovation Administrator i California Vehicle Code, https://legiscan.com/CA/text/AB917/2021

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Attachment: 2023-09 Information Item on DoT Technology Pilots_Completed and New (5850 : Award Contract for Automated Bus Lane

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

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

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

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

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

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

Docusign Envelope ID: CFB7DDEA-6F21-4AC3-80BC-77528B44FB99

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Attachment: Hayden AI. OAKS INITIATIVE FORM (5850 : Award Contract for Automated Bus Lane Enforcement)

CITY OF SANTA MONICA

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

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #
Charley Territo President [email protected] (510) 508-9953 The Rise Fund III, Homeland, LP, and The Drawdown Fund, LP Officers: Charley Territo (President), Sam Dundee (CFO), Vaibhav Ghadiok (CTO), Connie Valencia (COO); Board Members: Steve Ellis, Lisa Schule, and Rajani Ramanatha
Docusign Envelope ID: CFB7DDEA-6F21-4AC3-80BC-77528B44FB99 9/9/2024

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Attachment: Hayden AI. OAKS INITIATIVE FORM (5850 : Award Contract for Automated Bus Lane Enforcement) 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: _________________________________ ✔
Docusign Envelope ID: E88BAD83-A763-4152-89EC-989B6166CE35

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Attachment: Hayden AI. Levine Act Disclosure Form (5850 : Award Contract for Automated Bus Lane Enforcement) 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.

Charley Territo President Hayden AI Technologies, Inc.

Docusign Envelope ID: E88BAD83-A763-4152-89EC-989B6166CE35 9/9/2024

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Attachment: Hayden AI. Levine Act Disclosure Form (5850 : Award Contract for Automated Bus Lane Enforcement) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
DATE: January 25, 2024
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $250 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

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

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

For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
o Contracts for goods, services, professional services
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Small contracts, including purchase orders, and zero dollar contracts (no de minimis exception)
• Public street abandonments
• Private development plans
• Professional license revocations
• Rezoning of specific real estate parcels
• Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
Docusign Envelope ID: E88BAD83-A763-4152-89EC-989B6166CE35

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Attachment: Hayden AI. Levine Act Disclosure Form (5850 : Award Contract for Automated Bus Lane Enforcement)

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

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

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

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

A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or Docusign Envelope ID: E88BAD83-A763-4152-89EC-989B6166CE35

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Attachment: Hayden AI. Levine Act Disclosure Form (5850 : Award Contract for Automated Bus Lane Enforcement)

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

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

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

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

Nothing herein constitutes legal advice and individuals are urged to consult with their own attorney regarding the requirements of the law. To the extent there is any inconsistency, the language of the Levine Act and FPPC Regulations govern over this notice. Resources for officers, parties, participants, and agents, are available on the FPPC’s website at https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html Docusign Envelope ID: E88BAD83-A763-4152-89EC-989B6166CE35

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Attachment: Hayden AI. Levine Act Disclosure Form (5850 : Award Contract for Automated Bus Lane Enforcement) 1 David Yakobson
From: Phil's Eighty Grand Electric Mercedes <[email protected]> Sent: Tuesday, September 24, 2024 8:45 AM
To: Phil Brock; Oscar de la Torre; Christine Parra; Lana Negrete; councilmtgitems; Jesse Zwick; Gleam Davis; Caroline Torosis
Subject: automated bus lane enforcement?! item 5A

EXTERNAL
This sounds awful! I'm going to get ticketed now just because Phil needed just a minute to go schmoozing at the latest restaurant opening and get some free food? Think of the innocent cars and SUVs that will be back out of the way before you know it!
Item 5-A
September 24, 2024
Item 5-A
September 24, 2024

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Attachment: Written Comments (5850 : Award Contract for Automated Bus Lane Enforcement) City Council
Report
City Council Meeting: September 24, 2024
Agenda Item: 5.B
1 of 6
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Award Contracts to SG Creative, LLC, Katz and Associates, Inc. and Randle Communications for On-Call Public Affairs & Communication Support for Water Resources Division
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award RFP #392 to SG Creative, LLC, Katz & Associates, Inc., and Randle Communications for On-Call Public Affairs & Communications Support for the Water Resources Division;

Summary
The City of Santa Monica is a recognized leader for its long history of implementing innovative and sustainable water supply projects and policies to provide a climate resilient water supply for the community. As an example, the City’s Sustainable Water Infrastructure Project (SWIP), that produces purified water from stormwater and municipal wastewater, recently received state, national, and global awards (e.g., 2024

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Distinction Award for Water Reuse Project of the Year at the Global Water Awards) for first-of-its-kind innovations and its state-of-the-art water purification process.

To support one of the City Council’s priorities, Sustainable and Connected Community, staff in the Water Resources Division aims to develop community outreach and education materials focused on the City’s water, wastewater, stormwater harvesting, and recycled water infrastructure as well as water quality, water conservation and water resources protection programs. These efforts include developing formal tour programs for SWIP and the Arcadia Water Treatment Plant, school age educational materials, community event tabling materials, and short videos to educate the community on the City’s award-winning water treatment and purification facilities.

Staff recommends awarding a total of three professional services agreements for OnCall Public Affairs and Communications Support to SG Creative LLC., Katz & Associates Inc., and Randle Communications in amounts not to exceed $500,000 each for a five-year term.

Discussion
The City of Santa Monica’s Water Resources Division (WRD) in the Public Works Department operates and maintains drinking water, wastewater collection, and recycled water services for residents, commercial, and institutional customers throughout the city. The City currently services approximately 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 provide a climate resilient water supply for the community. These efforts include several first of its kind innovations and award-winning projects including:
• The SWIP, a first of its kind stormwater harvesting and municipal wastewater advanced water treatment facility that produces purified water that exceeds all drinking water standards and is used to replenish local groundwater aquifers.

The SWIP has won numerous awards including the 2024 Distinction Global Water Award for Water Reuse Project of the Year, 2023 Helen Putnam Award of

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Excellence from the League of California Cities, and the 2023 Transformational Innovation Award from the National WateReuse Association. • The first Flow Reversal Reverse Osmosis retrofit system in the United States that will increase overall production efficiency at the Arcadia Water Treatment Plant from 80% to 90%. This will allow the City to produce an additional 10% of highquality drinking water without having to pump additional groundwater to enhance sustainable management of local groundwater supplies.
• The Olympic Well Field Restoration Project that will restore groundwater quality in the Olympic Sub-basin. The Olympic Advanced Water Treatment Facility will utilize ultraviolet light advanced oxidation processes, one of the highest contaminant removal efficiencies in the country, to destroy industrial contaminants from the Olympic sub-basin.

To complement and enhance public awareness of the City’s efforts in implementing innovative and sustainable water solutions, staff is seeking on-call support to develop public outreach and educational materials centered around the City’s water, wastewater, stormwater harvesting, and recycled water infrastructure as well as water quality, water conservation, and water resources protection programs. The goal is to develop outreach materials and programs that could be utilized for various public engagement opportunities including tours of the City’s water/wastewater facilities, K-12 classroom education, tabling at community events, increasing awareness on water rates and cost, and short videos educating the public on the history of the City’s water supply, multi-barrier water treatment process to produce high-quality drinking water, and efforts to maximize local water resources to provide a climate resilient water supply.

Utilizing SG Creative LLC., Katz & Associates Inc., and Randle Communications will allow the City’s WRD to have outreach and educational materials that will engage the public, which currently are underdeveloped. The City’s WRD does not have staff dedicated to outreach, which results in engineering and administrative staff taking on responsibilities outside of their job duties. All three firms selected have extensive experience collaborating with utilities and water agencies, including East Valley Water District, Valley County Water District, Los Angeles County Department of Public Works, and Golden State Water Company. The expertise brought by these firms will ensure the

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City has materials that meet industry standards and have been proven effective with other ratepayers.

Vendor Selection
Bidder Recommendation
Best Qualified
Persons/Firms
SG Creative LLC, Katz & Associates Inc, and Randle Communication Evaluation
Criteria
Experience & Technical Competence; Value Added/Breath of Service; Cost of Services; & References.

Municipal Code SMMC 2.24.190
RFPs Received
SG Creative, LLC Katz & Associates Inc. Randle
Communication
Arellano
Associates
BB Communications
Group
Green Media Creations,
Inc.

JPW
Communications
NBS
S Groner Associates We the Creative
RFP Data
Date Posted Posted On Advertise In (City
Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
01/09/2024 City’s Online
Bidding Site
Santa Monica
Daily Press
45 02/16/2024
Justification to Award
SG Creative LLC, Katz & Associates Inc., and Randle Communications were chosen to provide on-call public affairs and communications services. Each firm was chosen for their individual experience and technical competence in providing public affairs and communication services for the water/wastewater industry. SG Creative LLC demonstrated the strongest ability and experience with working with water districts and small municipalities in producing and organizing community events, Katz & Associates demonstrated the strongest ability with creating physical outreach material and educational campaigns for water districts, and Randle demonstrated the strongest multimedia creation abilities for water related communication material.

Environmental Review
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to

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Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines. The action 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 action is for awarding on-call public affairs and communications support to SG Creative LLC., Katz & Associates Inc., and Randle Communications to prepare outreach and educational materials on water resources programs. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Water and Wastewater Funds to award agreements with SG Creative LLC, Katz & Associates Inc., and Randle Communications to provide on-call public affairs and communications services for the water utility. Future year funding is contingent on Council budget approval.

Contract Request (SG Creative LLC)
FY 2024-25
Request Amount
Department
Account #
Future Years Total Contract
Amount
$50,000 50500001.550010 $200,000 $250,000
$50,000 51500001.550010 $200,000 $250,000
$100,000 Total $400,000 $500,000
Contract Request (Katz & Associates Inc.)
FY 2024-25
Request Amount
Department
Account #
Future Years Total Contract
Amount
$50,000 50500001.550010 $200,000 $250,000
$50,000 51500001.550010 $200,000 $250,000
$100,000 Total $400,000 $500,000
Contract Request (Randle Communications)
FY 2024-25
Request Amount
Department
Account #
Future Years Total Contract
Amount
$50,000 50500001.550010 $200,000 $250,000
$50,000 51500001.550010 $200,000 $250,000
$100,000 Total $400,000 $500,000

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

A. FY 24-25 Oaks Iniative (SG Creative)
B. FY 24-25 Levine Act Disclosure (SG Creative)
C. FY 24-25 Oaks (Katz & Associaties)
D. FY 24-25 Levine Act Disclosure (Katz & Associates)
E. FY 24-25 Oaks (Randle Communications)
F. FY 24-25 Levine Act Disclosure (Randle Communications)

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CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #

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Attachment: FY 24-25 Oaks Iniative (SG Creative) (6528 : On-Call Communications and Outreach Support for Water Utility) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form.
https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
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: FY 24-25 Levine Act Disclosure (SG Creative) (6528 : On-Call Communications and Outreach Support for Water Utility) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

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

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

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

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Attachment: FY 24-25 Levine Act Disclosure (SG Creative) (6528 : On-Call Communications and Outreach Support for Water Utility)

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #

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Attachment: FY 24-25 Oaks (Katz & Associaties) (6528 : On-Call Communications and Outreach Support for Water Utility) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form.
https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
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: FY 24-25 Levine Act Disclosure (Katz & Associates) (6528 : On-Call Communications and Outreach Support for Water Utility) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

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

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

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

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Attachment: FY 24-25 Levine Act Disclosure (Katz & Associates) (6528 : On-Call Communications and Outreach Support for Water Utility)

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #

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Attachment: FY 24-25 Oaks (Randle Communications) (6528 : On-Call Communications and Outreach Support for Water Utility) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form.
https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
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: FY 24-25 Levine Act Disclosure (Randle Communications) (6528 : On-Call Communications and Outreach Support for Water Utility) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

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

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

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

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Attachment: FY 24-25 Levine Act Disclosure (Randle Communications) (6528 : On-Call Communications and Outreach Support for Water Utility) City Council
Report
City Council Meeting: September 24, 2024
Agenda Item: 5.C
1 of 5
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Approve Construction Contract for Santa Monica Airport Paving Improvements Project
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 Bid #SP2716 to Sully Miller Contracting Co., for the construction of the Airport Paving Improvements Project for the Public Works Department;

3. Authorize the City Manager to negotiate and execute a contract with Sully Miller Contracting Co., in an amount not to exceed $ 2,106,066 (including a 10% contingency); and

4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.

Summary
The Santa Monica Airport Paving Improvements Project (Project) consists of pavement surface maintenance repairs aimed at bolstering safety, efficiency, and compliance with current Federal Aviation Administration (FAA) guidelines and regulations.

Enhancements include: asphalt paving, slurry seal coatings, and installation of new pavement markings in various areas including the south Transient Parking Apron adjacent to Taxiway B, the three southwesterly airplane tie-down lots, the turn around area at the end of the Perimeter Road, the area between the southeast hangers, the area surrounding the northwest hangers, the area between the northeast hangers, and the area between the 3100 Airport Avenue buildings. An overview of project work locations is shown in Figure 1. These improvements align with the City of Santa

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Monica’s commitment to maintaining airport safety standards for all airport users. Staff recommends Sully Miller Contracting Co. to provide construction services in an amount not to exceed $2,106,066 (including a 10% contingency).

Discussion
The goal of this project is to rehabilitate the Santa Monica Airport’s selected pavement areas to be consistent with current FAA guidelines and planned airport operations. A visual condition survey and a site investigation were performed in December 2023.

Numerous areas were identified, inspected, and a variety of recommendations were developed into a construction project by engineering and airport staff in the Public Works Department.

Construction improvements consist of pavement rehabilitation of the Taxiway B/B1 Intersection (Work Area 1 – shaded blue in Figure 1) per FAA recommendation and request, as shown in Figure 1. This critical improvement must be completed in an expedited manner and drives the timeline for this project.

Figure 1 – Location for Proposed Improvements
The southwest section of Taxiway B and infield, shown in Figure 1, are showing

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weathering and cracking. The recommended rehabilitation measure is to remove the top 4 inches of asphalt, recompact the subsurface material, and replace the asphalt at the existing finished grade.

Other areas of distress that would be repaired by this project include the south Transient Parking Apron adjacent to Taxiway B, the three southwesterly airplane tiedown lots, the turn around area at the end of the Perimeter Road, the area between the northeast hangers, the area surrounding the southeast hangers, the area between the northwest hangers, and the area between the 3100 Airport Avenue buildings (all shown in Figure 1). Recommended improvements include slurry sealing, joint filler replacement, pavement crack sealing, and pavement marking removal and replacement.

Airport Closures, Impacts to Airport Operations and Residents The construction is anticipated to take 6-8 months and would require phased construction to avoid full closure of specific areas of the airport. The contractor would coordinate with Santa Monica Municipal Airport staff to minimize impacts to airport operations and adjacent residents.

Notifications to Airport Tenants, Pilots and Fixed Base Operators Staff would convene a meeting at least 30 days prior to the start of construction with airport tenants, pilots, and fixed base operators impacted by the project. Notices to Airmen (NOTAMs) providing detailed information on the planned work and airport closures would be filed with the appropriate regulatory authorities and circulated to Air Traffic Control Tower staff, tenants, and pilots.

Airport Commission
Airport Administration staff have been providing periodic updates regarding this planned construction at the regularly scheduled Airport Commission meetings. These updates would continue until the project is complete.

Contractor Selection

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Bidder Recommendation
Best Bidder Sully Miller Contracting Co.

Evaluation
Criteria
Price; the ability, capacity, and skill of the bidder to perform the services; the capacity of the bidder to perform the contract within the time specified; the sufficiency of the bidder’s financial resources; the reputation and experience of the bidder.

Municipal Code SMMC 2.24.180
Submittals Received
Sully Miller Contracting Co. $ 1,914,606.25
CR Contracting LLC $ 2,141,990.00
PALP Inc. dba Excel Paving Company $ 2,458,593.50
Bid Data
Date Posted Posted On Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
07/10/2024 City's Online
Bidding Site
Santa Monica Daily
Press
55 08/07/2024
Best Bidder Justification
Staff recommends Sully Miller Contracting Co., the lowest bidder, as the best bidder when evaluating bid price, previous similar project experience, and completion of past projects for the City of Santa Monica including work for the Airport in addition to the City of Santa Clarita, the State of California Department of Transportation (Caltrans), the City of Garden Grove.

Public Outreach
City Staff would conduct public outreach during the construction of this project. The outreach process would consist of public notifications on the scope of the project, potential impacts, schedule, and periodic project updates.

Environmental Review
The project is categorically exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines. Section 15301 (Class 1 - Existing Facilities) consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The project consists of pavement surface maintenance repairs aimed at bolstering safety, efficiency, and

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compliance with current Federal Aviation Administration (FAA) guidelines and regulations and would not expand or materially change existing City infrastructure.

Furthermore, none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this exemption. Therefore, the project is exempt pursuant to Section 15301 of the CEQA Guidelines.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Airport Fund to award a contract with Sully Miller Contracting Co. to provide construction services for the Project.

Contract Request
Funding Source FY 2024-25
Requested Amount CIP Account # Total Contract Amount
Airport Fund $2,106,066 C5704710.689000 - Airfield
Pavement Maintenance
$2,106,066
Prepared By: Alisha Flores, Civil Engineer
Approved Forwarded to Council
Attachments:

A. Levine_Act_Disclosure
B. Oaks_Initiative_Disclosure_Form

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Attachment: Levine_Act_Disclosure (6532 : Award Bid No. SP2716 to Sully Miller Contracting Co. for the Airport Paving Improvements Project)

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Attachment: Levine_Act_Disclosure (6532 : Award Bid No. SP2716 to Sully Miller Contracting Co. for the Airport Paving Improvements Project)

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Attachment: Levine_Act_Disclosure (6532 : Award Bid No. SP2716 to Sully Miller Contracting Co. for the Airport Paving Improvements Project)

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Attachment: Levine_Act_Disclosure (6532 : Award Bid No. SP2716 to Sully Miller Contracting Co. for the Airport Paving Improvements Project)

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Attachment: Levine_Act_Disclosure (6532 : Award Bid No. SP2716 to Sully Miller Contracting Co. for the Airport Paving Improvements Project)

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Attachment: Oaks_Initiative_Disclosure_Form (6532 : Award Bid No. SP2716 to Sully Miller Contracting Co. for the Airport Paving

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Attachment: Oaks_Initiative_Disclosure_Form (6532 : Award Bid No. SP2716 to Sully Miller Contracting Co. for the Airport Paving City Council
Report
City Council Meeting: September 24, 2024
Agenda Item: 5.D
1 of 5
To: Mayor and City Council
From: Anuj Gupta, Director of Transportation, Mobility (DOT) Subject: Award and Establish Shortlist of Pre-Qualified Consultants and Contracts for On-Call Transportation Planning and Engineering Design Services Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of exemption pursuant to Section 15262 of the California Environmental Quality Act (CEQA) Guidelines.

3. Authorize the City Manager to negotiate and execute agreements for transportation planning and engineering design services with Fehr & Peers, Kimley-Horn, KOA Corporation, Michael Baker International, and Toole Design Group, in amounts not to exceed $1,000,000 each for a three (3) year term, with two one-year renewal options.

Summary
Santa Monica’s Department of Transportation (DOT) continues to advance Vision Zero safety improvements to further City Council’s commitment to eliminate fatal and serious injury collisions from our roadways and achieve the City’s priorities of Clean and Safe Santa Monica and Sustainable and Connected Community. One way the City does this is by implementing roadway safety improvements in response to collision patterns, observed safety challenges, and projects adopted in the Pedestrian Action Plan, Bike Action Plan, and Bike Action Plan Amendment. The current as-needed transportation design and engineering contracts awarded by Council in November 2019 will expire at the end of the calendar year. To continue to be responsive to community

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needs and expedite the design and delivery of roadway safety projects, staff recommends the establishment of a new pre-qualified list for transportation planning and engineering design services as part of RFQ #406 consisting of Fehr & Peers, Iteris, Inc., Kimley-Horn, KOA Corporation, Michael Baker International, Stantec, Toole Design Group, LLC, and Willdan Engineering for a three-year term. Additionally, staff recommends awarding five as-needed contracts to Fehr & Peers, Kimley-Horn, KOA Corporation, Michael Baker International, and Toole Design Group, in amounts not to exceed $1,000,000 each for a three (3) year term, with two one-year renewal options.

These are as-needed agreements and funding would be identified for associated projects and tasks. These contracts are essential for supporting staff to work quickly to design and implement improvements by reducing staff time and lead times of procurement and contracting.

Discussion
Following Council’s Vision Zero commitment to eliminate fatalities and serious injuries from traffic collisions with the adoption of the 2016 Pedestrian Action Plan, DOT has sought to deliver projects more quickly and efficiently by implementing new methods for procurement as previously directed by Council (Attachment A). The standard procurement processes for roadway safety capital projects were designed for large state and federally funded projects, and correspondingly require more time for consultant procurement and contract execution. On November 12, 2019, Council sought to streamline the procurement processes for locally funded, grant funded, and/or quickbuild projects, and expedite delivery of needed safety improvements, by authorizing the establishment of a short list of pre-qualified consultants and awarding (5) five transportation planning and engineering design services as-needed contracts (Attachment B). Since then, the contracted as-needed firms have supported the City in myriad ways and enabled the implementation of various work efforts including: four-way stop sign analysis/installation, Vision Zero intersection improvement designs, Wilshire Safety Improvements roadway design, Pedestrian and Safe Routes to School Improvements design, Engineering and Traffic Survey (Speed Limit Survey), protected bikeway designs, research and grant writing, parking occupancy studies, collision analysis, traffic counts/analysis, and many other tasks. The current transportation planning and engineering as-needed contracts will expire on December 31, 2024. Staff

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recommends the establishment of a new shortlist of pre-qualified consultant firms and the award of five as-needed contracts to the top ranked firms to continue to support the roadway/civil engineering, construction plan development, project outreach/communications, data and traffic analysis required for roadway safety projects.

Should Council decide to establish the new short list of pre-qualified consultants and award the five as-needed contracts described below, the new contracts would take effect on January 1, 2025.

Consultant Selection
Bidder Recommendation
Best Qualified
Firms
Fehr & Peers, Kimley-Horn, KOA Corporation, Michael Baker International, Toole Design Group
Evaluation Criteria Demonstrated project management experience and effective communication, especially with similar projects/work orders; Demonstrated experience, knowledge, ability, and personnel expertise to deliver pedestrian and bicycle safety improvements of comparable complexity scale and nature; Training,
credentials and experience of the person or firm; Ability to meet project work plan and timeliness; Quality and cost control, performance within budget allocations, auditing practices; Stability of firm and references; Interview to evaluate communication, collaboration, and demonstrated understanding of the project requirements and objectives.

Municipal Code SMMC 2.24.190
RFQ Data
Date
Posted Posted On
Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Submittals
Received
4/22/202
4 City’s online
bidding website Santa Monica Daily Press 71 15
Justification to Short-List
The City reviewed the 15 submittals received from consultant firms and teams. The vendor submittals were reviewed by a selection panel from the Santa Monica Department of Transportation and evaluated using the evaluation criteria above.

Based on these criteria, the top eight (8) ranked vendors were invited for a structured 45-minute interview, which were then scored by the selection panel. The eight vendors (all that were interviewed) are recommended as the best qualified firms to be placed on the short list of pre-qualified consultants. Staff will utilize the shortlist as required. Work efforts that would utilize the shortlisted consultants will be subject to Council approval if the dollar amounts are at or above the Council approval thresholds.

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Staff recommends Fehr & Peers, Kimley-Horn, KOA Corporation, Michael Baker International, Toole Design Group—the five (5) highest ranked consultants—as the best qualified firms to be awarded as-needed contracts not to exceed $1,000,000 each for a three (3) year term, with two one-year renewal options.

Environmental Review
The award of the as-needed professional service agreements for transportation planning and engineering design services is exempt from CEQA pursuant to Section 15262 (Feasibility and Planning Studies), which exempts feasibility and planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded. The transportation planning and engineering design services will identify safety enhancements through analysis and outreach. Implementation of the improvements identified in the studies would be subject to future environmental review and approval. Therefore, award of contracts for as-needed professional service agreements for transportation planning and engineering design services is exempt pursuant to Section 15262of the CEQA Guidelines.

Past Council Actions
Meeting Date Description
06/28/2016 (Attachment
A)
Council gave staff direction to pilot or implement new
methods for procurement.
11/12/19 (Attachment B) Council approved staff’s recommendation to establish a pre-qualified list for Transportation Planning and
Engineering Design Services consultants and award
five as-needed contracts.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Special Revenue Source Fund and various other funds, as appropriate, to award contracts to Fehr & Peers, Kimley-Horn, KOA Corporation, Michael Baker International, and Toole Design Group for transportation planning and engineering design services.

Professional Services Agreement Request
Consultant Request
Amount Account # Contract Amount
Fehr &
Peers $1,000,000
Funding will come from
C1007600.689000--Vision
Zero and Mobility Project
Delivery, Transportation
$1,000,000
Kimley-Horn $1,000,000

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$1,000,000 Impact Fee (TIF) Fund and
various other accounts to be
identified as projects
requiring transportation
planning and engineering
design services are identified.

KOA
Corporation $1,000,000 $1,000,000
Michael
Baker
International
$1,000,000 $1,000,000
Toole
Design
Group, LLC
$1,000,000 $1,000,000
Total $5,000,000
Prepared By: Kyle Kozar, Principal Transportation Planner Approved Forwarded to Council
Attachments:

A. June 28, 2016 Staff Report (Web Link)
B. November 13, 2018 Staff Report (Web Link)
C. 01 OAKS_INITIATIVE_FORM_Fehr & Peers
D. 01 OAKS_INITIATIVE_FORM_Kimley Horn
E. 01 OAKS_INITIATIVE_FORM_KOA
F. 01 OAKS_INITIATIVE_FORM_Michael Baker
G. 01 OAKS_INITIATIVE_FORM_Toole Design Group
H. 02 Levine_Disclosure_Fehr & Peers
I. 02 Levine_Disclosure_Kimley Horn
J. 02 Levine_Disclosure_KOA
K. 02 Levine_Disclosure_Michael Baker
L. 02 Levine_Disclosure_Toole Design Group

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CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

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

5.D.c
Packet Pg. 115 Attachment: 01 OAKS_INITIATIVE_FORM_Fehr & Peers (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________

5.D.c
Packet Pg. 116 Attachment: 01 OAKS_INITIATIVE_FORM_Fehr & Peers (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________ Kimley-Horn and Associates, Inc.

See attached list of Kimley-Horn's Principal Officers and Directors.

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

Kimley-Horn and Associates, Inc. is wholly owned by Associates Group Services, Inc., which is wholly owned by APHC, Inc., which is owned by over 700 Kimley-Horn employees, none of which own 2% or more of the outstanding shares.

May 24, 2024
Senior Vice President
[email protected] 213.354.9402
Jean B. Fares, P.E.

5.D.d
Packet Pg. 117 Attachment: 01 OAKS_INITIATIVE_FORM_Kimley Horn (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design Please see the following list of KH Principal Officers and Directors, which has been updated as of April 14, 2024.

PRINCIPAL OFFICERS:

Names/Titles Business Address
Barry L. Barber, Chairman 421 Fayetteville Street, Suite 600, Raleigh, NC 27601
Steven E. Lefton, President, CEO 11400 Commerce Park Drive, Suite 400, Reston, VA 20191
Aaron W. Nathan, Chief Operating Officer, Executive
Vice President
801 Cherry Street, Unit 1, Suite 301
Fort Worth, TX 76102
Richard N. Cook, Secretary, Senior Vice President 421 Fayetteville Street, Suite 600, Raleigh, NC 27601
Tammy L. Flanagan, CFO, Executive Vice President 421 Fayetteville Street, Suite 600, Raleigh, NC 27601
David L. McEntee, Senior Vice President, Treasurer 421 Fayetteville Street, Suite 600, Raleigh, NC 27601
DIRECTORS:

Names/Titles Business Address
Barry L. Barber, Chairman 421 Fayetteville Street, Suite 600, Raleigh, NC 27601
Stephen W. Blakley, Jr., Senior Vice President 200 South Tryon Street, Suite 200, Charlotte, NC 28202
Scott W. Colvin, Executive Vice President 4582 South Ulster Street, Suite 1500, Denver, CO 80237
Bill Dvorak, Jr., Executive Vice President 111 West Jackson Boulevard, Suite 1320, Chicago, IL 60604
Tammy L. Flanagan, Executive Vice President 421 Fayetteville Street, Suite 600, Raleigh, NC 27601
Ashley M. Frysinger, Senior Vice President 11700 Katy Freeway, Suite 800, Houston, TX 77079
Brian A. Good, Senior Vice President 445 24th Street, Vero Beach, FL 32960 Jennifer L. Harry, Senior Vice President 401 B Street, Suite 600, San Diego, CA 92101 Joseph D. Kaltsas, Executive Vice President 401 B. Street, Suite 600, San Diego, CA 92101 Steven E. Lefton, President, CEO 11400 Commerce Park Drive, Suite 400, Reston, VA 20191
Brent H. Mutti, Executive Vice President 1001 West Southern Avenue, Suite 131, Mesa, AZ 85210
Aaron W. Nathan, Executive Vice President,
Chief Operating Officer
13455 Noel Road, Suite 700, Dallas, TX 75240
Kevin M. Schanen, Senior Vice President 1920 Wekiva Way, Suite 200, West Palm Beach, FL 33411
Kimley-Horn and Associates, Inc. is wholly owned by Associates Group Services, Inc., which is wholly owned by APHC, Inc., which is owned by over 800 Kimley-Horn employees, none of which own 2% or more of the outstanding shares.

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Packet Pg. 118 Attachment: 01 OAKS_INITIATIVE_FORM_Kimley Horn (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

5.D.e
Packet Pg. 119 Attachment: 01 OAKS_INITIATIVE_FORM_KOA (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design Services)

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________

5.D.e
Packet Pg. 120 Attachment: 01 OAKS_INITIATIVE_FORM_KOA (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design Services)

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________ Dawn Wilson, PE, TE Office Executive/Vice President
5/24/2024
[email protected] 760-603-6266
Michael Baker International, Inc.

Please see attachment which includes a comprehensive list of officers of the Firm as of December 29, 2023.

N/A
None

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Packet Pg. 121 Attachment: 01 OAKS_INITIATIVE_FORM_Michael Baker (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design SAMODOT TRANSPORTATION PLANNING AND ENGINEERING DESIGN SERVICES 43

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

TOOLE DESIGN

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Packet Pg. 122 Attachment: 01 OAKS_INITIATIVE_FORM_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering 44 TOOLE DESIGN

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________ TDG Engineering, Inc.

None
None
Jessica Fields, PE, AICP Director of Operations, Western U.S. 5/10/2024
[email protected] 720.204.7061 x145

TOOLE DESIGN

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Packet Pg. 123 Attachment: 01 OAKS_INITIATIVE_FORM_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering SAMODOT TRANSPORTATION PLANNING AND ENGINEERING DESIGN SERVICES 45 PSOMAS

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

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Packet Pg. 124 Attachment: 01 OAKS_INITIATIVE_FORM_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering 46 TOOLE DESIGN
PSOMAS

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________ Psomas
List of officers is attached on following pages.

Not applicable. No person has more than 10% equity, participation, or revenue interst.

Arief Naftali, PE, TE, EE, RSP1, ENV SP Vice President
May 8, 2024
[email protected] 714.481.7956

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Packet Pg. 125 Attachment: 01 OAKS_INITIATIVE_FORM_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering SAMODOT TRANSPORTATION PLANNING AND ENGINEERING DESIGN SERVICES 47 PSOMAS

UNANIMOUS WRITTEN CONSENT
OF THE

BOARD OF DIRECTORS OF PSOMAS,
a California corporation.

January 5, 2024
THE UNDERSIGNED, being all of the members of the Board of Directors of Psomas, a California corporation (the “Corporation”), hereby adopt the following resolutions without a meeting as of the date set forth above, pursuant to Section 307(b) of the General Corporation Law of California:

RESOLVED that the following, being the Officers of the Corporation, be and hereby are authorized to execute any and all documents required to conduct the business of the Corporation, including, but not limited to contracts, leases and certifications;
IT IS FURTHER RESOLVED that any one signature of the Officers listed herein shall be sufficient to bind the Corporation;
STEVE MARGARONI President and Chief Executive Officer
NICK TARDITTI Chief Financial Officer, Treasurer, Assistant Secretary CHAD WILSON Vice President, Secretary
CRAIG AHRENS Vice President
ALEJANDRO ANGEL Vice President
SESSYLE ASATO Vice President
BRETT BARNETT Vice President
REGINA BEEM Vice President
JAMES BITTNER Vice President
DON BJELK Vice President
MARC BLAIN Vice President
MONIKA BOWDEN Vice President
MICHAEL BOWEN Vice President
SCOTT BRYANT Vice President
BRIAN E. BULLOCK Vice President
JEFFREY CHESS Vice President
MARCIA CARRILLO Vice President
MATTHEW D. CLARK Vice President
SARAH CURRAN Vice President
DAVID CURTIS Vice President
CHRIS DAVENPORT Vice President
NELSON DAVIS Vice President
AMY DAY Vice President
WILLIAM ESTEPA Vice President
ROSE FISTROVIC Vice President
PETER FITZPATRICK Vice President
DAN FORGEY Vice President
BRIAN FRAGIAO Vice President
JASON FRITZLER Vice President
PAUL GERVACIO Vice President
ELIZABETH GIBSON Vice President
JEFF GILLIS Vice President
DANNIE B. GREEN Vice President
TIMOTHY G. HAYES Vice President
GREGORY A. HELMER Vice President
ALIA HOKUKI Vice President
JIM HUNTER Vice President
ROBERT J. IANNARINO Vice President
JEREMY JOHNSON Vice President

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Packet Pg. 126 Attachment: 01 OAKS_INITIATIVE_FORM_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering 48 TOOLE DESIGN
PSOMAS
Unanimous Written Consent of the Board of Directors of Psomas January 5, 2024

Page 2 ends

ANN JOHNSTON Vice President
ALLISON KOOIMAN Vice President
DAVID LUZURIAGA Vice President
RYAN LYNCH Vice President
JENNIFER MARKS Vice President
FRANK MARTIN Vice President
NANDEZ MILLER Vice President
CECILIA MOKLER Vice President
NATHANIEL MOZER Vice President
ARIEF NAFTALI Vice President
ANDREW NICKERSON Vice President
STEVE NORTON Vice President
JUSTIN PALLAMARY Vice President
TRAVIS PERRY Vice President
MARK PFEILER Vice President
TOM PILARSKI Vice President
GERRIT POST Vice President
DANIEL RAHE Vice President
MICHAEL R. REDIG Vice President
TERESITA REUTTER Vice President, Assistant Treasurer
SCOTT ROCKE Vice President
GINA ROWE Vice President
MAIRA SALCEDO Vice President
SEAN SAMSEL Vice President
GARY SKREL Vice President
SEAN SMITH Vice President
THEO SMITH Vice President
RICHARD M. SULLIVAN Vice President
MICHAEL D. SWAN Vice President
KEVIN T. THORNTON Vice President
AARON TILLMANS Vice President
REUBEN TOLENTINO Vice President
MISHA TROYAN Vice President
ALYSEN WEILAND Vice President
BRIAN WRIGHT Vice President
TERRENCE WRIGHT, JR. Vice President
CAROLINE YONTEZ Vice President
This Unanimous Written Consent shall be filed with the Minutes of the proceedings of the Board of Directors, and the actions taken hereby shall have the same force and effect as if taken at a meeting duly called and held.
[SIGNATURE ON NEXT PAGE]

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Packet Pg. 127 Attachment: 01 OAKS_INITIATIVE_FORM_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering SAMODOT TRANSPORTATION PLANNING AND ENGINEERING DESIGN SERVICES 49 PSOMAS
Unanimous Written Consent of the Board of Directors of Psomas January 5, 2024

Page 3 ends

Ryan E. McLean Richard Sullivan
Matthew D. Clark Mike Lucki
Ann Johnston Steve Margaroni
Alejandro Angel Reuben Tolentino
Alysen Weiland

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Packet Pg. 128 Attachment: 01 OAKS_INITIATIVE_FORM_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering 50 TOOLE DESIGN

NATIONAL DATA & SURVEYING SERVICES

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

5.D.g
Packet Pg. 129 Attachment: 01 OAKS_INITIATIVE_FORM_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering SAMODOT TRANSPORTATION PLANNING AND ENGINEERING DESIGN SERVICES 51

NATIONAL DATA & SURVEYING SERVICES

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________ Lindsay Kottwitz Client Manager
5/6/24
[email protected] 323-782-0090
N/A
N/A
N/A
National Data & Surveying Services, Inc.

None
None

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Packet Pg. 130 Attachment: 01 OAKS_INITIATIVE_FORM_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering 52 TOOLE DESIGN

ARELLANO ASSOCIATES

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

5.D.g
Packet Pg. 131 Attachment: 01 OAKS_INITIATIVE_FORM_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering SAMODOT TRANSPORTATION PLANNING AND ENGINEERING DESIGN SERVICES 53

ARELLANO ASSOCIATES

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________ Genoveva L. Arellano Principal
05/142024
[email protected] (909) 627-2974
Arellano Associates, LLC
Genoveva L. Arellano, Principal
Genoveva L. Arellano, Principal

5.D.g
Packet Pg. 132 Attachment: 01 OAKS_INITIATIVE_FORM_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering 54 TOOLE DESIGN

EPIC LAND SOLUTIONS

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

5.D.g
Packet Pg. 133 Attachment: 01 OAKS_INITIATIVE_FORM_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering SAMODOT TRANSPORTATION PLANNING AND ENGINEERING DESIGN SERVICES 55

EPIC LAND SOLUTIONS

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________ y ___________
e: _____________
Leslie Blaine Proposal Coordinator
May 10, 2024
[email protected] 971-238-1933
Not Applicable
Not Applicable
Not Applicable
Epic Land Solutions
None
None

5.D.g
Packet Pg. 134 Attachment: 01 OAKS_INITIATIVE_FORM_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering 56 TOOLE DESIGN

COMMUNITY ARTS RESOURCES

5.D.g
Packet Pg. 135 Attachment: 01 OAKS_INITIATIVE_FORM_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering SAMODOT TRANSPORTATION PLANNING AND ENGINEERING DESIGN SERVICES 57

COMMUNITY ARTS RESOURCES
Community Arts Resources

5.D.g
Packet Pg. 136 Attachment: 01 OAKS_INITIATIVE_FORM_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering 58 TOOLE DESIGN

HERE LA

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

5.D.g
Packet Pg. 137 Attachment: 01 OAKS_INITIATIVE_FORM_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering SAMODOT TRANSPORTATION PLANNING AND ENGINEERING DESIGN SERVICES 59

HERE LA

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

Name(s) of trustees, directors, partners, and officers: Amber Hawkes and Shannon Davis, Co-Directors
Name(s) of persons with more than a 10% equity, participation, or revenue interest:

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

Bid/PO/Contract # ____________________________ Permit # ___________________________ Amber Hawkes and Shannon Davis, Co-Directors
Amber Hawkes Co-Director, Co-Founder
May 13, 2024
[email protected] 323.686.1814
Here Design Studio, LLC

5.D.g
Packet Pg. 138 Attachment: 01 OAKS_INITIATIVE_FORM_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

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.D.h
Packet Pg. 139 Attachment: 02 Levine_Disclosure_Fehr & Peers (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

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

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

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

5.D.h
Packet Pg. 140 Attachment: 02 Levine_Disclosure_Fehr & Peers (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

5.D.i
Packet Pg. 141 Attachment: 02 Levine_Disclosure_Kimley Horn (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design Services) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

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

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

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

N/A N/A N/A May 24, 2024 Jean B. Fares, P.E. Senior Vice President Kimley-Horn and Associates, Inc.

N/A

5.D.i
Packet Pg. 142 Attachment: 02 Levine_Disclosure_Kimley Horn (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design Services) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

5.D.j
Packet Pg. 143 Attachment: 02 Levine_Disclosure_KOA (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design Services) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

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

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

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

5.D.j
Packet Pg. 144 Attachment: 02 Levine_Disclosure_KOA (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design Services) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

5.D.k
Packet Pg. 145 Attachment: 02 Levine_Disclosure_Michael Baker (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

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

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

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

5.D.k
Packet Pg. 146 Attachment: 02 Levine_Disclosure_Michael Baker (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design 96 TOOLE DESIGN
City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

TOOLE DESIGN

5.D.l
Packet Pg. 147 Attachment: 02 Levine_Disclosure_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design SAMODOT TRANSPORTATION PLANNING AND ENGINEERING DESIGN SERVICES 97 City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

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

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

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

N/A
N/A
N/A
Jessica Fields, PE, AICP Director of Operations, Western U.S. 5/10/2024
TDG Engineering, Inc.

N/A

5.D.l
Packet Pg. 148 Attachment: 02 Levine_Disclosure_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design 98 TOOLE DESIGN
PSOMAS
City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

5.D.l
Packet Pg. 149 Attachment: 02 Levine_Disclosure_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design SAMODOT TRANSPORTATION PLANNING AND ENGINEERING DESIGN SERVICES 99 PSOMAS
City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

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

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

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

May 8, 2024
Arief Naftali, PE, TE, EE, RSP1, ENV SP Vice President
Psomas
N/A
N/A
N/A

5.D.l
Packet Pg. 150 Attachment: 02 Levine_Disclosure_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design 100 TOOLE DESIGN

NATIONAL DATA & SURVEYING SERVICES
City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

5.D.l
Packet Pg. 151 Attachment: 02 Levine_Disclosure_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design SAMODOT TRANSPORTATION PLANNING AND ENGINEERING DESIGN SERVICES 101

NATIONAL DATA & SURVEYING SERVICES
City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

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

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

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

N/A
N/A
N/A
5/6/24
Lindsay Kottwitz Client Manager
National Data and Surveying Services (NDS)

5.D.l
Packet Pg. 152 Attachment: 02 Levine_Disclosure_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design 102 TOOLE DESIGN

ARELLANO ASSOCIATES
City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

5.D.l
Packet Pg. 153 Attachment: 02 Levine_Disclosure_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design SAMODOT TRANSPORTATION PLANNING AND ENGINEERING DESIGN SERVICES 103

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

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

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

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

Not Applicable
Not Applicable
Not Applicable
05/14/2024
Genoveva L. Arellano Principal
Arellano Associates, LLC
Not Applicable

5.D.l
Packet Pg. 154 Attachment: 02 Levine_Disclosure_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design 104 TOOLE DESIGN

EPIC LAND SOLUTIONS
City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

5.D.l
Packet Pg. 155 Attachment: 02 Levine_Disclosure_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design SAMODOT TRANSPORTATION PLANNING AND ENGINEERING DESIGN SERVICES 105

EPIC LAND SOLUTIONS
City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

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

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

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

Not Applicable
Not Applicable
Not Applicable
May 10, 2024
Karen Starr Senior Vice President
Epic Land Solutions, Inc.

Not applicable

5.D.l
Packet Pg. 156 Attachment: 02 Levine_Disclosure_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design 106 TOOLE DESIGN

COMMUNITY ARTS RESOURCES
N/A

5.D.l
Packet Pg. 157 Attachment: 02 Levine_Disclosure_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design SAMODOT TRANSPORTATION PLANNING AND ENGINEERING DESIGN SERVICES 107

COMMUNITY ARTS RESOURCES
N/A
N/A
N/A

5.D.l
Packet Pg. 158 Attachment: 02 Levine_Disclosure_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design 108 TOOLE DESIGN

HERE LA
City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

5.D.l
Packet Pg. 159 Attachment: 02 Levine_Disclosure_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design SAMODOT TRANSPORTATION PLANNING AND ENGINEERING DESIGN SERVICES 109

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

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

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

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

May 13, 2024
Amber Hawkes Co-Director, Co-Founder
Here Design Studio, LLC
N/A
N/A
N/A

5.D.l
Packet Pg. 160 Attachment: 02 Levine_Disclosure_Toole Design Group (6535 : Award Contracts for On-Call Transportation Planning and Engineering Design City Council
Report
City Council Meeting: September 24, 2024
Agenda Item: 5.E
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Adoption of Resolution Authorizing the Application for Grant Funds from the U.S. Department of Interior - Bureau of Reclamation FY 2025 WaterSMART Drought Response Program for the Santa Monica Groundwater Well SM-4 Replacement Project
Recommended Action
Staff recommends that the City Council:

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

3. Authorize the City Manager to execute all necessary documents to apply for the grant, accept the grant, if awarded, and accept all grant renewals, if awarded.

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

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Discussion
The U.S. Department of the Interior - Bureau of Reclamation’s WaterSMART Drought Response Program provides grant funding for projects that build resiliency to drought by increasing the reliability of water supplies, improving water management, and/or providing benefits for fish and wildlife and the environment. The replacement of groundwater production well SM-4 at the Olympic Well Field meets the objectives under Task B of the grant opportunity - Increasing the Reliability of Water Supplies Through Groundwater Recovery.

The replacement well would be located in the Olympic Well Field, approximately 50 feet east of SM-4 near the intersection of Olympic Boulevard and Stewart Street. Restoring the production capacity at the Olympic Well Field would enhance local water supply reliability and aid in restoring groundwater quality. SM-4 was situated in the center of the contamination plume at the Olympic Well Field and replacing SM-4 would continue to draw contaminated groundwater for treatment to restore the groundwater basin. The project would include drilling and constructing a replacement groundwater well and equipping the well with a new pump, chemical feed system, communication, and metering equipment after the well is constructed.

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

The estimated cost of the project is $4,750,000. The grant requires a 50 percent local match equaling $2,375,000. $235,000 is available in account C5008560.68000 and $235,000 is available in account C5008570.689000 and would be reallocated to a new CIP account. The remaining $1,905,000 of local match would be budgeted from funds

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received from the Gillette and Boeing settlements to clean up the groundwater contamination.

Construction is anticipated to begin in October 2025 and end in September 2026. The term of the grant is from October 31, 2024, through September 1, 2027. On-going operation costs would be paid for out of the operating budget for the Water Fund. There would be no further operational costs associated with SM-4 as it would be decommissioned after the replacement well is placed in operation.

Environmental Review
Authorization of the application for grant funding from the U.S. Department of the Interior – Bureau of Reclamation’s WaterSMART Drought Response Program would have no possibility of significant effect on the environment, and therefore, is exempt pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines. If awarded, the use of the grant funding for replacement of groundwater production well SM-4 would be subject to environmental review at the time the project is proposed.

Financial Impacts and Budget Actions
Staff seeks authority to apply for a grant from the United States Bureau of Reclamation for drought resiliency projects. There is no immediate financial impact or budget action necessary as a result of the recommended action. The grant is reimbursement-based and requires a 50% match by the City. Staff would return to Council with budget changes if the grant is awarded.

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Prepared By: Chris Aguillon, Water Resources Protection Specialist Approved Forwarded to Council
Attachments:

A. Resolution - FY 2025 USBR WaterSMART DRP

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Page 1 of 2 ends

City Council Meeting: September 24, 2024 Santa Monica, California

RESOLUTION NUMBER (CCS)
(City Council Series)

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

AUTHORIZING THE CITY MANAGER TO APPLY FOR GRANT FUNDS FROM THE

UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF RECLAMATION WATERSMART DROUGHT RESPONSE PROGRAM: DROUGHT RESILIENCY PROJECTS FOR FISCAL YEAR 2025, AND TO NEGOTIATE AND ENTER INTO A

GRANTAGREEMENT WITH THE UNITED STATES BUREAU OF RECLAMATION AND

ANY AMENDMENTS THERETO
WHEREAS, the United States Department of Interior, Bureau of Reclamation has allocated grant funding for projects pursuant to the WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year (FY) 2025 (“Grant Program”); and WHEREAS, California’s Water Supply Strategy and the City’s Sustainable Water Master Plan recognize that a sustainable and secure water future must include the use of locally available water resources; and
WHEREAS, the City seeks to apply for grant funds in the amount of up to $3,000,000 from the Grant Program to further the City’s sustainable water supply objectives to improve drought resiliency, increase water supply, and enhance the flexibility in the management of the City’s water resources.

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

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

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

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Packet Pg. 165 Attachment: Resolution - FY 2025 USBR WaterSMART DRP [Revision 1] (6543 : Request to Apply for a USBR WaterSMART Drought Response

Page 2 of 2 ends

and directed to prepare and file an application for funding for the WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year (FY) 2025, to the United States Department of Interior, Bureau of Reclamation, and take such other actions necessary or appropriate to obtain grant funding.

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

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

SECTION 5. The City Clerk shall certify to the adoption of this Resolution of the CityCouncil, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:

DOUGLAS SLOAN
City Attorney

5.E.a
Packet Pg. 166 Attachment: Resolution - FY 2025 USBR WaterSMART DRP [Revision 1] (6543 : Request to Apply for a USBR WaterSMART Drought Response City Council
Report
City Council Meeting: September 24, 2024
Agenda Item: 5.F
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Adoption of a Resolution to Support the Los Angeles County Water Plan Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of statutory exemption pursuant to Section 10652 of the California Water Code; and

2. Adopt a Resolution to support the Los Angeles County Water Plan.

Summary
As climate change in the region has resulted in more frequent and intense droughts as well as less frequency and more torrential rains, the Los Angeles County Department of Public Works recently completed the first edition of the Los Angeles County Water Plan (https://lacountywaterplan.org/) to provide an actionable blueprint for improving water resilience in the region. The Los Angeles County Water Plan focuses on achieving regional water resilience through collaborative strategies by building upon and complementing many existing local and regional water planning efforts that are in progress or have been completed. The City of Santa Monica was one of several stakeholders in the region that collaborated and provided input on the Los Angeles County Water Plan. The City of Santa Monica has been a leader in developing innovative strategies to provide a climate resilient water supply for the local community and will support the Los Angeles County Water Plan by implementing the Sustainable Water Master Plan adopted by City Council in 2018. Staff recommends that the City Council adopt the resolution (Attachment A) in support of the Los Angeles County Water Plan which ensures resilient, sustainable, and equitable water resources for the region.

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Discussion
The Los Angeles County Department of Public Works completed its first edition of the Los Angeles County Water Plan in 2023 in an effort to secure the region’s water future and achieve a collective vision of equitable and sustainable water resources for everyone. The County Water Plan represents the efforts of over 200 agencies in Los Angeles County that manage a complex network of water systems to meet the needs of our communities and the environment. The Los Angeles Country Water Plan builds and complements on many existing local and regional water planning efforts, including the City’s 2018 Sustainable Water Master Plan, to optimize and align programs while also identifying gaps that needs to be filled at the regional level. The Los Angeles County Water Plan consists of four key focal areas listed below. • Regional water supply reliability – improving regional water supply reliability by better leveraging our collective local and imported water resources and infrastructure.
• Groundwater management and quality – realizing our shared groundwater management opportunities by sharing expertise and resources to overcome challenges.
• Small at-risk system resilience and drinking water quality – ensuring a consistently high standard of water service for everyone in Los Angels County by providing regional support for small systems, with focused attention to underresourced communities. • Watershed sediment management – mitigating the impacts of wildfire on our water supplies through coordinated efforts between land and water managers.

To support the four focal areas, the Los Angeles County Water Plan is organized into fourteen strategies, each supported by specific actions and targets to collectively progress towards achieving regional water resiliency by 2045. The fourteen strategies outlined in the Los Angeles County Water Plan includes:
• Strategy 1 – Achieving the most efficient water use possible countywide • Strategy 2 – Collaborating on consistent drought preparedness and response messaging

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• Strategy 3 – Coupling local supply development with regional conveyance • Strategy 4 – Managing salt and concentrate regionally • Strategy 5 – Leveraging regional groundwater storage potential • Strategy 6 – Collaborating on water quality needs and treatment technologies • Strategy 7 – Enhancing cost-effectiveness of pumping and treating impaired groundwater
• Strategy 8 – Protecting coastal groundwater basins from seawater intrusion • Strategy 9 – Facilitating regional groundwater recharge understanding and initiatives
• Strategy 10 – Facilitating natural infiltration of precipitation • Strategy 11 – Providing regional support for small, at-risk water systems • Strategy 12 – Mitigating wildfire effects on water supply and quality • Strategy 13 – Managing invasive species in riparian areas • Strategy 14 – Facilitating sediment management and debris removal from flood control facilities
As a recognized leader in sustainable water supply management, the City completed its first edition of the Sustainable Water Master Plan in 2014 and updated it in 2018 to reduce its reliance on imported water supplies and provide a climate resilient water supply for the local community. The City is in support of the key focal areas and strategies in the Los Angeles County Water Plan as the City’s own 2018 Sustainable Water Master Plan already implemented majority of the strategies outlined in the Los Angeles County Water Plan. As the City is nearing completion of the various climate resilient water supply projects and first of its kind innovations outlined in the 2018 Sustainable Water Master Plan, the City will be one of the first agencies in Los Angeles County to contribute to the measurable targets in the Los Angeles County Water Plan.

Environmental Review
Adoption of the resolution to support the Los Angeles County Water Plan is exempt from CEQA pursuant to Section 10652 of the California Water Code, which states that CEQA does not apply to the preparation and adoption of plans or to the implementation of actions taken pursuant to Section 10632 of the California Water Code. This includes

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adopting the resolution to support the County Water Plan to ensure a sustainable and resilient water supply countywide.

Past Council Actions
Meeting Date Description
11/27/18 (Attachment B) Sustainable Water Master Plan Update and Pathway to Water Self-Sufficiency
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of recommended action. Staff will return to Council if specific budget actions are required in the future.

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

A. LACWP Resolution
B. 2018 Sustainable Water Master Plan (Web Link)

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City Council Meeting September 24, 2024 Santa Monica, California RESOLUTION NUMBER ____________(CCS)
(CITY COUNCIL SERIES)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA

ADOPTING THE LOS ANGELES COUNTY WATER PLAN
WHEREAS, climate change is establishing a “new normal” of more frequent and intense droughts, as well as less frequent and more torrential rains; and WHEREAS, recognizing a new climate reality and the need to be thoughtful stewards of future water supplies, a water resilience plan focused on collaborative management of the region’s water resources was developed by Los Angeles County Public Works in partnership with countless other agencies, stakeholders, and tribes and; WHEREAS, the City of Santa Monica in partnership with Los Angeles County Public Works, together with water resources organizations and an array of diverse stakeholders, collaborated deeply to secure the region’s water future; and WHEREAS, this collaborative effort crafted a water resilience plan known as the Los Angeles County Water Plan and established the path to realizing a future which is rooted in cross-sector collaboration and coalition building; and

5.F.a
Packet Pg. 171 Attachment: LACWP Resolution [Revision 2] (6550 : LA County Water Plan Resolution) WHEREAS, the Los Angeles County Water Plan articulates a shared, inclusive, regional path forward to sustainably and equitably achieve safe, clean, and reliable water resources for Los Angeles County; and
WHEREAS, the City of Santa Monica has reviewed the Los Angeles County Water Plan and affirms that the plan will ensure that the region has resilient, sustainable, and equitable water resources to meet its demand, particularly, during times of scarcity or crisis; and
WHEREAS, the Los Angeles County Water Plan was adopted unanimously by the Los Angeles County Board of Supervisors on December 5, 2023.

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

1. The City Council adopts the Los Angeles County Water Plan as a supporting document to inform pertinent and relevant aspects of City of Santa Monica’s water resilience strategies as the City of Santa Monica has already adopted and implemented its own Sustainable Water Master Plan to provide a sustainable and climate resilient water supply locally.

2. The City Council authorizes and empowers the City Manager or designee to continue collaborating and pursuing regional water resilience with the Los Angeles County Public Works and other water resource organizations, and engaging stakeholders regarding matters related to the Los Angeles County Water Plan.

5.F.a
Packet Pg. 172 Attachment: LACWP Resolution [Revision 2] (6550 : LA County Water Plan Resolution)

3. The City Council authorizes and empowers the City Manager or designee to actively engage in coalition building with water agencies, stakeholders, communities, and tribes to effectively establish relationships and bolster regional collaboration related to regional water resilience.

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

APPROVED AS TO FORM:
____________________

DOUGLAS SLOAN
City Attorney

5.F.a
Packet Pg. 173 Attachment: LACWP Resolution [Revision 2] (6550 : LA County Water Plan Resolution) City Council
Report
City Council Meeting: September 24, 2024
Agenda Item: 5.G
1 of 2
To: Mayor and City Council
From: Oles Gordeev, Acting Director of Human Resources, Human Resources Department
Subject: Adoption of Salary Resolution for the Re-establishment of a Job Classification Recommended Action
Staff recommends that the City Council

1. Adopt a finding of no possibility of significant effect pursuant to Section 15601(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Adopt a Resolution of the City of Santa Monica to re-establish the previously abolished job classification of Business and Revenue Operations Manager.

Summary
The resolution presents the job classification of Business and Revenue Operations Manager for re-establishment.

Discussion
In preparation for an upcoming retirement, staff has requested that a job classification needed to meet the current operational needs of the Finance Department be restored.

As such, the Human Resources Department recommends the re-establishment of the previously abolished classification of Business and Revenue Operations Manager.

Upon approval of this action, the City’s salary schedule, which reflects the City’s list of active classifications, will be updated to reflect this action.

Environmental Review

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The revisions to the classifications are exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” This revision to the City’s classifications is administrative in nature. Therefore, it can be seen with certainty that the agreement would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future.

Prepared By: Sasha Sargent, Executive Administrative Assistant Approved Forwarded to Council
Attachments:

A. Attachment A - General Salary Resolution September 2024

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ATTACHMENT A
City Council Meeting: September 24, 2024, Santa Monica, California RESOLUTION NUMBER ________(CCS)
(City Council Series)

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

REESTABLISHING THE CLASSIFICATION OF AND ADOPTING A SALARY RATE

FOR BUSINESS AND REVENUE OPERATIONS MANAGER

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

SECTION 1. The following salary levels are hereby established, effective October 6, 2024, for the indicated classification:

Classification Salary Reason
Business and Revenue Operations
Manager
$180,468/annual; Step 5 Reestablishment of
previously abolished
classification
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_______________________
Douglas T. Sloan
City Attorney

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Packet Pg. 176 Attachment: Attachment A - General Salary Resolution September 2024 [Revision 1] (6611 : Adoption of Salary Resolution for the Restoration City Council
Report
City Council Meeting: September 24, 2024
Agenda Item: 5.H
1 of 4
To: Mayor and City Council
From: Jenny Rogers, Recreation and Arts Director, Recreation and Arts Department Subject: Approval of License Agreement with the Regent Hotel for Use of a Portion of Ocean Avenue
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; and

2. Authorize the City Manager to negotiate and execute a license agreement with the Regent Hotel to use a portion of Ocean Avenue on October 24, 2024, for the grand opening event.

Summary
City staff have received a request for a partial street closure from the Regent Hotel as part of their upcoming grand opening celebration on Thursday, October 24, 2024. The Regent Hotel, one of the most premier luxury hotels, is opening the brand’s first hotel in the continental United States in Santa Monica - Regent Santa Monica Beach. Currently, the City’s events permit only allows closure of city streets on weekends, so staff are not able to permit this event at an administerial level. Therefore, as part of City Council’s strategic priority to cultivate the economic growth and cultural vitality of Santa Monica, staff recommend Council authorize the City Manager to enter into a license agreement to permit the Regent Hotel’s grand opening event.

Discussion
Recognizing the substantial community and economic benefits and operational impacts that result from community events, the City has a comprehensive, coordinated process

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for managing events on public property and ensuring health and safety, which is codified in Santa Monica Municipal Code (SMMC) Chapter 4.68, Community Events law. The Community Events law establishes the City’s framework for permitting community events to use City streets, parks, open spaces, and City facilities licensed to private parties. Since its adoption in 2000, the City’s events ordinance has been updated several times to adapt to changing community priorities. The goal of the ordinance is to provide a means to facilitate community events while giving City staff sufficient time to adapt City services and provide notice to the community. Depending on the location, Big Blue Bus, Resource, Recovery and Recycling, and other City services must divert their routes and public safety, mobility and other teams must ensure proper measures are taken to make the event and surrounding area safe. The number of events and days that “Open Street” events can occur is currently restricted to minimize impacts to traffic, circulation, and noise impacts. “Open Street” events are only allowed on Fridays, Saturdays, Sundays and Mondays if it is a holiday except for Memorial Day, July Fourth, Labor Day, Thanksgiving, and Christmas Day.

The requested grand opening event is scheduled on Thursday, October 24, 2024, and in an area of the City that is not covered by a Business Improvement District. The event proposal includes a partial street closure on a portion of the street that affects businesses on the southbound side of Ocean Avenue between Olympic and Pico Boulevard. Because of the day of the week and the location of the hotel, the Regent grand opening permit request does not meet the criteria under the City’s Open Street Ordinance. A license agreement would provide the hotel and event producers the ability to host this major grand opening event, which supports the City’s ongoing economic recovery efforts, while preserving the public safety and welfare of the City.

The Regent Santa Monica Beach Hotel renovation and rebrand (formerly Loew’s Santa Monica) has resulted in approximately $150 million in private investment to Santa Monica. By introducing a new global brand to Santa Monica, this hotel plays an important role in helping to welcome back visitors to Santa Monica from around the world. It was named one of “Forbes Travel Guide’s 30 Most Anticipated Hotel Openings

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of 2024” and had its official ribbon cutting ceremony on September 12th. The Regent is scheduled to welcome guest to Santa Monica starting October 1st.

Significant investments in Santa Monica’s hospitality sector demonstrate a strong confidence in Santa Monica’s ability to attract and sustain tourism and a renewed interest in the downtown leading up to major international events such as the 2026 FIFA World Cup and LA28 Olympics. The opening of the Regent Santa Monica Beach Hotel is an important milestone in the City’s economic recovery efforts in support City services.

Key Terms and Mitigation Measures:
• Event Details - Grand Opening Party, 2:00pm - 9:30pm, 1700 block of Ocean Avenue. This timeframe includes set-up and breakdown of event. A red carpet is being proposed to be laid out in front of their property on Ocean Avenue to welcome guests to the Grand Opening Party. Entertainment and mingling will take place on the red carpet for the first hour, after which guests will be directed inside the hotel.
• Proposed Partial Road Closure and Sidewalk Closure - Regent has hired Pacific Traffic Control on the site survey and developing a Temporary Traffic Control Plan. City staff is working with the Regent Hotel on developing a Temporary Traffic Control plan that will mitigate impacts to those impacted by the sidewalk and lane closure in front of the property. This will include traffic control barricades, temporary signage, bike lane re-routing, bus re-routing, wayfinding signage and traffic safety personnel.

To address circulation issues, the Regent Hotel may be required to provide onsite representatives to monitor the sidewalk closure, provide wayfinding support and redirect pedestrians to safe crossing routes. This will be addressed through Traffic Safety review and recommendations.
• The Regent Hotel will be responsible for payment of fees for all permits, licenses, and services required to support the event.

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• The Regent Hotel will comply with all noise regulations and will utilize noise monitoring devices to ensure compliance.
• To address neighborhood questions and impacts, the Regent Hotel will establish an on-site representative from set-up through demobilization to responsively handle information requests, complaints, and monitor noise.

Environmental Review
This project is categorically exempt under Section 15301/Class 1 of the CEQA Guidelines, because there will be no change or expansion in use of existing facilities.

Past Council Actions
Meeting Date Description
04/25/2023 (B) City Council Adopted urgency ordinance amending Municipal Code Chapter 4.68 to allow for “Open Street” Community Events to promote public safety and welfare, and associated changes.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. The Regent Hotel will pay all required City fees for this event.

Transient Occupancy Tax revenues associated with the opening of the hotel have already been incorporated into the City’s FY 2024-25 Budget.

Prepared By: Aaron Orozco, Community Recreation Administrator Approved Forwarded to Council

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City Council
Report
City Council Meeting: September 24, 2024
Agenda Item: 5.I
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending the City’s Hotel Worker Protection Ordinances
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on September 10, 2024, the City Council introduced for first reading an Ordinance Amending the City’s Hotel Worker Protection Ordinance. 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-CAO-Hotel Worker Protections - Second Reading

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1 City Council Meeting: September 24, 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 CODE
SECTION 4.67.030 AND ADDING SECTION 4.67.115 RELATING TO HOTEL

WORKER PROTECTIONS
WHEREAS, on September 10, 2019, the City Council of the City of Santa Monica adopted Ordinance No. 2614 (CCS), adding Chapter 4.67 to the Santa Monica Municipal Code (the “Hotel Worker Protection Ordinance”), to protect hotel workers from physical violence, provide them fair compensation for workload, and require education and training to enable hotel workers to protect their own rights and safety as well as public health and safety; and
WHEREAS, hotel workers have been subject to being assigned overly burdensome workloads and unexpected overtime; and
WHEREAS, ensuring that hotel workers receive fair compensation when their work assignments exceed proscribed limits promotes the public interest and enables hotel workers to receive fair pay for honest work, to perform their work in a manner that adequately protects their personal wellbeing, and to meet personal and family obligations; and
WHEREAS, enforcement of the existing requirement for fair compensation for workload has been hampered by the inability to obtain accurate and legible records that provide information necessary to ascertain compliance in a reasonably concise and organized manner; and

5.I.a
Packet Pg. 182 Attachment: ORD-CAO-Hotel Worker Protections - Second Reading (6616 : Hotel Workers Protections - Second Reading) 2 WHEREAS, third-party contractors and staffing agencies with limited experience operating in Santa Monica are often not aware of the fair compensation for workload provision and the corresponding records requirement and consequently, may not be maintaining sufficiently detailed records of hotel workers’ workload; and WHEREAS, given limited enforcement resources at the time that the Hotel Worker Protection Ordinance was first enacted, said ordinance currently lacks authority for administrative citation enforcement, which has proven effective for the City’s other minimum wage and living wage ordinances; and
WHEREAS, authorizing an administrative citation enforcement mechanism for the workload provision of the Hotel Worker Protection Ordinance will further the public health, safety, and welfare.

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

SECTION 1. Santa Monica Municipal Code Section 4.67.030, subsection (d), is hereby amended to read as follows:

4.67.030 Measures to provide fair compensation for workload. (a) Workload Limitation. For hotels with fewer than forty guest rooms, a hotel employer shall not require a room attendant to clean rooms amounting to a total of more than four thousand square feet of floor space in any eight-hour workday, unless the hotel employer pays the room attendant twice the room attendant's regular rate of pay for each and every hour worked during the workday. For hotels with forty or more guest rooms, a hotel employer shall not require a room attendant to clean rooms amounting to a total of more than three thousand five hundred square feet of floor space in any eight-hour

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Packet Pg. 183 Attachment: ORD-CAO-Hotel Worker Protections - Second Reading (6616 : Hotel Workers Protections - Second Reading) 3 workday, unless the hotel employer pays the room attendant twice the room attendant's regular rate of pay for each and every hour worked during the workday. If a room attendant is assigned to clean seven or more checkout or additional bed rooms during any eight-hour workday, each such checkout or additional bed room shall for purposes of this subsection count as five hundred square feet, regardless of the actual square footage of each room. The limitations contained herein apply to any combination of spaces, including guest rooms, meeting rooms, and other rooms within the hotel, and apply regardless of the furniture, equipment, or amenities in such rooms. The hotel employer shall state the actual square footage of each room in any written assignment of rooms that it provides to room attendants.
(b) Workload Proration. The maximum floor space set forth in subsection (a) shall be reduced on a prorated basis if a room attendant works less than eight hours in a workday, shall be increased on a prorated basis for each hour of overtime that a room attendant works in excess of eight hours in a workday, and shall be calculated on a prorated basis by room attendant if a room attendant is assigned to clean rooms jointly with one or more other room attendants.
(c) Voluntary Overtime. A hotel employer shall not require or permit a hotel worker to work more than ten hours in a workday unless the hotel worker consents in writing to do so. A hotel worker's consent shall not be valid unless the hotel employer has advised the hotel worker in writing seven days prior to the hotel worker's consent that the hotel worker may decline to work more than ten hours in a workday and that the hotel employer will not subject the hotel worker to any adverse employment action for declining to work

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Packet Pg. 184 Attachment: ORD-CAO-Hotel Worker Protections - Second Reading (6616 : Hotel Workers Protections - Second Reading) 4 more than ten hours in a workday. This subsection shall not apply in the event of an emergency.
(d) Preservation of Records. Each hotel employer shall maintain for at least three years a record of the following information for each room attendant for each workday:
(1) Name, rate of pay, and pay received;
(2) Total number of rooms cleaned;
(3) Total square footage of rooms cleaned;
(4) Number of additional bed rooms cleaned;
(5) Number of checkout rooms cleaned;
(6) Overtime hours worked; and
(7) Any written consents provided pursuant to subsection (c) above.

Hotel employers shall maintain all original records relating to Section 4.67.030(a) and documenting the above information, including without limitation hotel booking records; sign-in sheets; assignment sheets; tabulations by housekeepers, supervisors or other employees, agents or contractors of the hotel employer; and any other documents or records used to track workload each day. In addition to the original records described above, a hotel employer shall maintain for at least three years a daily summary of the room attendant’s name and the information in (2) through (5) above in a reasonably legible format, such that compliance with Section 4.67.030(a) for any day over the three-year period can be ascertained without reference to any other documents. A hotel employer that uses a contractor or staffing agency to provide room attendants remains responsible for maintaining both the daily original records and summary records. A hotel employer shall make these records available for inspection and copying to any hotel worker or hotel

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Packet Pg. 185 Attachment: ORD-CAO-Hotel Worker Protections - Second Reading (6616 : Hotel Workers Protections - Second Reading) 5 worker's employee representative, except that the names and other personally identifying information of individual hotel workers shall be redacted except to the extent that the records identify the hotel worker who is making the request.

SECTION 2. Santa Monica Municipal Code Section 4.67.115 is hereby added to read as follows:

4.67.115 Law enforcement access, remedies, penalties.
(a) Records and Interview Access; Cooperation with Investigations. To monitor and investigate compliance with the requirements of this Chapter, every hotel employer shall cooperate with City-authorized investigators, including, but not limited to: accessing records, and allowing investigators to interview persons, including hotel workers, during normal business hours.
(b) Any person violating subsection (a), section 4.67.030, or any rule or regulation adopted pursuant to this Chapter, may be subject to administrative citation pursuant to Chapter 1.09 of this Code.
(c) Unless otherwise specifically provided, the fine amount for a violation of subsection (a) of section 4.67.030 shall be the same as the fine amount for a violation of section 4.63.015; the fine amount for a violation of subsection (d) of section 4.67.030 shall be the same as the fine amount for a violation of subsection (g) of section 4.62.015; and the fine amount for a violation of subsection (a) shall be the same as the fine amount for violation of subsection (a) of section 4.62.100.

SECTION 3. Santa Monica Municipal Code Section 4.67.120 is hereby amended to read as follows:

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Packet Pg. 186 Attachment: ORD-CAO-Hotel Worker Protections - Second Reading (6616 : Hotel Workers Protections - Second Reading) 6 (a) Civil Action. The City or any aggrieved person may enforce the provisions of this Chapter by means of a civil action.
(b) Injunction. Any person who commits an act, proposes to commit an act, or engages in any pattern or practice that violates this Chapter may be enjoined therefrom by a court of competent jurisdiction. An action for injunction under this subsection may be brought by any aggrieved person, by the City Attorney, or by any person or entity who will fairly and adequately represent the interests of an aggrieved person or persons. (c) Damages and Penalties. Any person who violates the provisions of this Chapter is liable for any actual damages suffered by any aggrieved person or for statutory damages up to the amount of one hundred dollars per aggrieved person per day, except that statutory damages for failure to maintain records shall not exceed three thousand dollars per day in total. For willful violations, the amount of monies and penalties to be paid under this subsection shall be trebled.
(d) Attorneys' Fees and Costs. In a civil action brought under this Section, the court shall award the prevailing party reasonable attorneys' fees and costs, including expert witness fees, except that, notwithstanding Section 998 of the Code of Civil Procedure, a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so.
(e) Cumulative Remedies. The remedies set forth in this Chapter are cumulative.

Nothing in this Chapter shall be interpreted as restricting, precluding, or otherwise limiting a separate or concurrent criminal prosecution under this Code or State law.

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Packet Pg. 187 Attachment: ORD-CAO-Hotel Worker Protections - Second Reading (6616 : Hotel Workers Protections - Second Reading) 7 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.

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 this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

5.I.a
Packet Pg. 188 Attachment: ORD-CAO-Hotel Worker Protections - Second Reading (6616 : Hotel Workers Protections - Second Reading) City Council
Report
City Council Meeting: September 24, 2024
Agenda Item: 5.J
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code Section 4.08.095 - Prohibition Against Camping in Public Places
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on September 10, 2024, the City Council introduced for first reading an Ordinance amending Santa Monica Municipal Code Section 4.08.095 - Prohibition Against Camping in Public Places. 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-CAO-Camping-Second Reading

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Page 1 of 3 ends

City Council Meeting: September 24, 2024 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 4.08.095 PROHIBITION AGAINST

CAMPING IN PUBLIC PLACES
WHEREAS, in 2022, the City of Santa Monica amended Municipal Code Section

4.08.095 to comply with the Ninth Circuit Court of Appeals ruling in Johnson v. City of Grants Pass, which required public entities to allow the homeless to sleep on public property, with certain conditions and exceptions; and
WHEREAS, the U.S. Supreme Court recently reversed the Ninth Circuit ruling, and held that regulation of sleeping/camping in public should largely be deferred to local jurisdictions; and
WHEREAS, the Council desires to amend the Municipal Code to repeal the amendments made in 2022.

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

SECTION 1. Section 4.08.095 of the Santa Monica Municipal Code is hereby amended as follows:

4.08.095 Prohibition against camping in public places.
(a) No person shall camp in a prohibited public place.
(b) For the purpose of this Section:
(1) “Camp” means to erect, maintain, or occupy a camp facility for the purpose of living accommodations.

5.J.a
Packet Pg. 190 Attachment: ORD-CAO-Camping-Second Reading (6618 : Camping Ordinance - Second Reading)

Page 2 of 3 ends

(2) “Camp facility” means the use of, settling, fixing in place, setting up, locating, or leaving behind in a prohibited public place any or a combination of the following: tents, huts, other temporary physical shelters, cots, beds, sleeping bags, hammocks, or bedrolls.
(3) “Prohibited public place” means any of the following: the public parks listed in Section 4.55.020, public beaches, the Santa Monica Municipal Pier, public streets, public alleyways, public parking lots, public passageways, public rights-of-way, publicly-owned landscaped areas or greenbelts, public educational institutions including properties owned by the Santa Monica-Malibu Unified School District or Santa Monica College, or other government-owned properties located within the City of Santa Monica.
(c) The City Council may, by majority vote, establish one or more specified camping areas. Such camping areas, if any, may be located in prohibited public places, except that such camping areas shall not be located within public parks.

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, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not

5.J.a
Packet Pg. 191 Attachment: ORD-CAO-Camping-Second Reading (6618 : Camping Ordinance - Second Reading)

Page 3 of 3 ends

declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

5.J.a
Packet Pg. 192 Attachment: ORD-CAO-Camping-Second Reading (6618 : Camping Ordinance - Second Reading) City Council
Report
City Council Meeting: September 24, 2024
Agenda Item: 5.K
1 of 2
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of Local Amendment Ordinance to the 2022 California Energy Code for Energy Performance Approach Reach Code for New Construction
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on September 10, 2024, the City Council introduced for first reading an ordinance repealing Santa Monica Municipal Code (SMMC) Chapter 8.38 Zero Emission Building Code, amending SMMC Section 8.08.040 to remove reference to the Zero Emission Building Code, and adopting local amendments to the 2022 California Energy Code under SMMC Chapter 8.36 to support improved energy performance in new buildings. The ordinance is now presented to the City Council for adoption.

Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council

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2 of 2
Attachments:

A. ORD-OSE-Energy Reach Code 2d

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1 City Council Meeting: September 24, 2024 Santa Monica, California ORDINANCE NUMBER_______ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ARTICLE 8 OF THE SANTA MONICA MUNICIPAL CODE BY REPEALING CHAPTER 8.38 ENTITLED “ZERO EMISSION BUILDING CODE” AND

ADOPTING LOCAL AMENDMENTS TO THE CALIFORNIA ENERGY CODE TITLE 24, PART 6 UNDER SANTA MONICA MUNICIPAL CODE CHAPTER 8.36 WHEREAS, scientific evidence has established that natural gas combustion, procurement and transportation produce significant greenhouse gas emissions that contribute to global warming and climate change; and
WHEREAS, the amendments to this Chapter are reasonably necessary because of health and safety concerns as City residents suffer from asthma and other health conditions associated with poor indoor and outdoor air quality exacerbated by the combustion of natural gas; and
WHEREAS, as a coastal city, Santa Monica is vulnerable to sea level rise, and human activities releasing greenhouse gases into the atmosphere cause increases in worldwide average temperature, which contribute to melting of glaciers and thermal expansion of ocean water, resulting in rising sea levels; and WHEREAS, consistent with the City’s Climate Action & Adaptation Plan, this chapter establishes incentives for carbon-neutral construction, which will reduce demands for local energy and resources, reduce regional pollution, and promote a lower contribution to greenhouse gases; and
WHEREAS, using electric heating and cooling infrastructure in new buildings fueled by less greenhouse gas intensive electricity is linked to significantly lower

5.K.a
Packet Pg. 195 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 2 greenhouse gas emissions and is cost competitive because of the cost savings associated with all-electric designs that avoid new gas infrastructure; and WHEREAS, the incentivization of electric building design benefits the health, welfare, and resiliency of Santa Monica and its residents; and WHEREAS, the most cost-effective time to integrate electrical infrastructure is in the design phase of a building project because building systems and spaces can be designed to optimize the performance of electrical systems and the project can take full advantage of avoided costs and space requirements from the elimination of natural gas piping and venting for combustion air safety; and
WHEREAS, Public Resources Code (PRC) Section 25402.1(h)(2) and the California Energy Code, Title 24, Part 6, Section 10-106 establish a process by which local jurisdictions may adopt more stringent standards to the energy efficiency and conservation provisions in the California Energy Code, Title 24, Part 6, provided that the standards have been determined to be cost effective and will require buildings to be designed to consume no more energy than permitted by the California Energy Code; and
WHEREAS, staff has reviewed the "2022 Cost-Effectiveness Study: Single Family New Construction Study" and associated study data, the “2022 Cost-Effectiveness Study:

Multifamily New Construction Study” and associated study data, and the “2022 Code:

Non-Residential New Construction Reach Code Cost-Effectiveness Study” and associated data developed for the California Energy Codes and Standards Statewide Utility Program, and find them sufficient to illustrate compliance with the requirements set forth under California Administrative Code Chapter 10-106; and

5.K.a
Packet Pg. 196 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 3 WHEREAS, the 2022 California Energy Code offers compliance options that were established through the public rulemaking process of the code update; and WHEREAS, the Council expressly declares that the proposed amendments to the Energy Code are reasonably necessary because of local climatic and environmental conditions; and
WHEREAS, the content and details of this ordinance were the subject of a public stakeholder workshop conducted on April 3, 2024, at which attendees included architects, energy modelers, designers, builders, developers, and residents.

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

SECTION 1 It is the purpose and intent of this Ordinance to establish standards for new buildings to exceed certain minimum 2022 Title 24 Part 6 requirements.

SECTION 2. Santa Monica Municipal Code Chapter 8.38 (Zero Emission Building Code) is hereby repealed in its entirety.

SECTION 3. The California Energy Code, Title 24, Part 6, adopted by the City of Santa Monica codified under Santa Monica Municipal Code Chapter 8.36.010 is hereby amended as follows:

Subchapter 1 – All Occupancies – General Provisions
Section 100.1(b) is amended to add the following:

ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.

5.K.a
Packet Pg. 197 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 4 NET FREE AREA (NFA) is the total unobstructed area within the air gaps between louver and grille slats in a vent, allowing the passage of air. The narrowest distance between two slats, perpendicular to the surface of both slats is the air gap height. The narrowest width of the gap is the air gap width. The NFA is the air gap height multiplied by the air gap width multiplied by the total number of air gaps between slats in the vent.

Subchapter 2 – Mandatory Requirements for Pool and Spa Systems and Equipment Section 110.4 is amended as follows:
(a) Certification by manufacturers. Any pool heater for a pool, spa, or a pool and spa combination shall be installed only if the manufacturer has certified that the system or equipment has all of the following:

1. Efficiency. Equipment subject to State or federal appliance efficiency standards shall comply with the applicable provisions of Section 110.1; and

2. On-off switch. A readily accessible on-off switch, mounted on the outside of the heater that allows shutting off the heater without adjusting the thermostat setting; and

3. Instructions. A permanent, easily readable and weatherproof plate or card that provides the energy efficiency rating and instruction for the energy efficient operation of the pool and/or spa heater.
(b) Installation. Any pool and/or spa system or equipment shall meet the following requirements:

5.K.a
Packet Pg. 198 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 5 1. Heating Equipment. Equipment installed to heat water for pools and/or spas shall be selected from equipment meeting the standards shown in Table 110.4- A.

Table 110.4-A HEATING EQUIPMENT STANDARDS
Heating Energy Source Standard
Electric Resistance UL 1261
Gas-fired ANSI Z21.56/CSA 4.7a
Heat Pump AHRI 1160 and one of the following: CSA
C22.2 No. 236, UL 1995, or UL/CSA
60335-2-40
Solar ICC/APSP 902/SRCC 400 for solar pool
heaters, ICC 901/SRCC 100 for solar
collectors

2. Piping. At least 18 inches of horizontal or vertical pipe shall be installed between the filter and the heater or dedicated suction and return lines, or built-in or built-up connections shall be installed to allow for the future addition of solar heating equipment;

3. Covers. Outdoor pools and/or spa with electric or gas heating equipment shall be installed with a pool cover.

4. Directional inlets and time switches for pools. If the system or equipment is for a pool:

5.K.a
Packet Pg. 199 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 6 i. The pool shall have directional inlets that adequately mix the pool water; and ii. A time switch or similar control mechanism shall be permanently installed as part of a pool water circulation control system that will allow all pumps to be set or programmed to run only during off-peak electric demand period, and for the minimum time necessary to maintain the water in the condition required by applicable public health standards.
(c) Heating Source Sizing. Heating systems or equipment for pool and/or spa shall meet one of the sizing requirements of 1 through 5 below:

1. A solar pool heating system with a solar collector surface area that is equivalent to the following:

A. For nonresidential and multifamily buildings, 65 percent or greater of the pool and/or spa surface area.

B. For single family buildings, 60 percent or greater of the pool and/or spa surface area;

2. A heat pump pool heater as the primary heating system that meets the sizing requirements of Reference Joint Appendix JA16.3. The supplementary heater can be of any energy source; or

3. A heating system that derives at least 60 percent of the annual heating energy from onsite renewable energy or on-site recovered energy.

4. A combination of a solar pool heating system and heat pump pool heater without any additional supplementary heater; or

5.K.a
Packet Pg. 200 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 7 5. A pool heating system determined by the Executive Director to use no more energy than the systems specified in Items 1, 2, 3, or 4 above.

Exception 1 to Section 110.4(c): Portable electric spas compliant with 20 CCR § 1605.3(g)(7) of the Appliance Efficiency Regulations.

Exception 2 to Section 110.4(c): Alterations to existing pools and/or spas with existing heating systems or equipment.

Exception 3 to Section 110.4(c): A pool and/or spa that is heated solely by a solar pool heating system without any backup heater.

Exception 4 to Section 110.4(c): Heating systems which are used exclusively for permanent spa applications in existing buildings with gas availability.

Exception 5 to Section 110.4(c): Heating systems which are used exclusively for permanent spa applications where there is inadequate Solar Access Roof Area (SARA) as specified in Section 150.1(c)14 for a solar pool heating system to be installed. (d) Controls for Heat Pump Pool Heaters with Supplementary Heating. Heat pump pool heaters with supplementary heaters shall have controls that meet the following:

1. Supplementary heater shall not operate when the heating load can be met by the heat pump pool heater alone; and

2. The cut-on temperature for heat pump heating is higher than the cut-on temperature for supplementary heating, and the cut-off temperature for heat pump heating is higher than the cut-off temperature for supplementary heating.

5.K.a
Packet Pg. 201 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 8 Subchapter 3 – Nonresidential Hotel/Motel Occupancies, and Covered Processes – Mandatory Requirements
Section 120.2 Required Controls for Space Conditioning Systems is amended to add Section 120.2(l) as follows:
(l) HVAC Hot Water Temperature. Zones that use hot water for space heating shall be designed for a hot water supply temperature of no greater than 130 °F.

Section 120.6 Mandatory Requirements for Covered Processes is amended to add Section 120.6(k) as follows:
(k) Mandatory requirements for commercial kitchens. Electric Readiness for Newly Constructed Commercial Kitchens shall meet the following requirements:

1. Quick-service commercial kitchens and institutional commercial kitchens shall include a dedicated branch circuit wiring and outlet that would be accessible to cookline appliances and shall meet all of the following requirements:
a. The branch circuit conductors shall be rated at 50 amps minimum.
b. The electrical service panel shall have a minimum capacity of 800 connected amps.

5.K.a
Packet Pg. 202 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 9 2. The electrical service panel shall be sized to accommodate an additional either 208v or 240v 50-amp breaker.

EXCEPTION 1 to Section 120.6(k): healthcare facilities.

EXCEPTION 2 to Section 120.6(k): all-electric commercial kitchens.

Subchapter 4 – Nonresidential and Hotel/Motel Occupancies Section 130.0 is amended as follows:
a. The design and installation of all lighting systems and equipment in nonresidential and hotel/motel buildings, outdoor lighting, and electrical power distribution systems within the scope of Section 100.0(a), shall comply with the applicable provisions of Sections 130.0 through 130.6.

NOTE: The requirements of Sections 130.0 through 130.6 apply to newly constructed buildings. Section 141.0 specifies which requirements of Sections 130.0 through 130.6 also apply to additions and alterations to existing buildings.

Add Section 130.6 - Electric Readiness for Systems Using Gas or Propane:
130.6 Electric Readiness Requirements for Systems Using Gas or Propane Where nonresidential systems using gas or propane are installed, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electric heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor. a) Branch circuit wiring, electrically isolated and designed to serve all electric heating appliances in accordance with manufacturer requirements and the California

5.K.a
Packet Pg. 203 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 10 Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
b) Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and
c) Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (e.g. “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and d) Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electric heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and
e) Physical space for future electric heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electric heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.

Subchapter 5 – Nonresidential and Hotel/Motel Occupancies Section 140.0 - Performance and Prescriptive Compliance Approaches is amended as follows:

Nonresidential and hotel/motel buildings shall comply with all of the following:

5.K.a
Packet Pg. 204 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 11 a) The requirements of Sections 100.0 through 110.12 applicable to the building project (mandatory measures for all buildings).
b) The requirements of Sections 120.0 through 130.6 (mandatory measures for nonresidential, high-rise residential and hotel/motel buildings). c) Either the performance compliance approach (energy budgets) specified in Section 140.1 or the prescriptive compliance approach specified in Section 140.2 for the climate zone in which the building will be located. Climate zones are shown in FIGURE 100.1-A.

NOTE to Section 140.0(c): The Commission periodically updates, publishes and makes available to interested persons and local enforcement agencies precise descriptions of the climate zones, which is available by zip code boundaries depicted in the Reference Joint Appendices along with a list of the communities in each zone.

NOTE to Section 140.0: The requirements of Sections 140.1 through 140.10 apply to newly constructed buildings. Section 141.0 specifies which requirements of Section 140.1 through 140.10 also apply to additions or alterations to existing buildings.

Section 140.1 Performance Approach: Energy Budgets is amended as follows:

A building complies with the performance approach provided that:

5.K.a
Packet Pg. 205 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 12 1. The time-dependent valuation (TDV) energy budget calculated for the Proposed Design Building under Subsection (b) is no greater than the TDV energy budget calculated for the Standard Design Building under Subsection (a), and

2. The source energy budget calculated for the proposed design building under Subsection (b) has a source energy compliance margin, relative to the source energy budget calculated for the standard design building under Subsection (a), of at least 7% for hotels, 2% for restaurants, 14% for office, and 7% for all other nonresidential occupancies.

Exception 1 to 140.1 item 2 A source energy compliance margin of 0 percent or greater is required when nonresidential occupancies are designed with single zone spaceconditioning systems complying with Section 140.4(a)2. (a) – (c) Subsections 140.1 (a) – (c) are adopted without modification.

Subchapter 7 - Single-Family Residential Buildings
Section 150.0 Mandatory Features and Devices is amended as follows:

Single-family residential buildings shall comply with the applicable requirements of Sections 150(a) through 150.0(v).

NOTE: The requirements of Sections 150.0(a) through 150.0(v) apply to newly constructed buildings. Sections 150.2(a) and 150.2(b) specify which requirements of Sections 150.0(a) through 150.0(r) also apply to additions or alterations. The amendments to sections 150.0 (t) do not apply to additions or alterations.

5.K.a
Packet Pg. 206 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 13 (a) – (s): Subsections 150.0(a) – (s) are adopted without modification.

Section 150.0(t) of Section 150.0 Mandatory Features and Devices is amended as follows:
(t) Heat pump space heater ready. Systems using gas or propane furnace to serve individual dwelling units shall include the following:

1. A dedicated 240 volt branch circuit wiring shall be installed within 3 feet from the furnace and accessible to the furnace with no obstructions. The branch circuit conductors shall be rated at 30 amps minimum. The blank cover shall be identified as “240V ready”. All electrical components shall be installed in accordance with the California Electrical Code.

2. The main electrical service panel shall have a reserved space to allow for the installation of a double pole circuit breaker for a future heat pump space heater installation. The reserved space shall be permanently marked as “For Future 240V use”.

3. A designated exterior location for a future heat pump compressor unit with either a drain or natural drainage for condensate.
(u) – (v): Subsections 150.0(u) – (v) are adopted without modification.

Subchapter 8 – Single-Family Residential Buildings
Section 150.1 Performance and Prescriptive Compliance Approaches for Single-Family Residential Buildings is amended as follows:
(a) Section (a) is adopted without modification.

5.K.a
Packet Pg. 207 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 14 (b) Performance Approach. A building complies with the performance approach if the energy consumption calculated for the proposed design building is no greater than the energy budget calculated for the standard design building using Commission-certified compliance software as specified by the Alternative Calculation Methods Approval Manual, as specified in sub-sections 1, 2 and 3 below.

1. Newly Constructed Buildings. The Energy Budget for newly constructed buildings is expressed in terms of the Energy Design Ratings, which are based on source energy and time-dependent valuation (TDV) energy. The Energy Design Rating 1 (EDR1) is based on source energy. The Energy Design Rating 2 (EDR2) is based on TDV energy and has two components, the Energy Efficiency Design Rating, and the Solar Electric Generation and Demand Flexibility Design Rating. The total Energy Design Rating shall account for both the Energy Efficiency Design Rating and the Solar Electric Generation and Demand Flexibility Design Rating. The proposed building shall separately comply with the Source Energy Design Rating, Energy Efficiency Design Rating and the Total Energy Design Rating. A building complies with the performance approach if the TDV energy budget calculated for the proposed design building is no greater than the TDV energy budget calculated for the Standard Design Building AND Source Energy compliance margin of at least 5.0 relative to the Source Energy Design Rating 1 calculated for the Standard Design building.

5.K.a
Packet Pg. 208 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 15 EXCEPTION 1 to Section 150.1(b)1. A community shared solar electric generation system, or other renewable electric generation system, and/or community shared battery storage system, which provides dedicated power, utility energy reduction credits, or payments for energy bill reductions, to the permitted building and is approved by the Energy Commission as specified in Title 24, Part 1, Section 10-115, may offset part or all of the solar electric generation system Energy Design Rating required to comply with the Standards, as calculated according to methods established by the Commission in the Residential ACM Reference Manual.

EXCEPTION 2 to Section 150.1(b)1. A newly constructed building with a conditioned floor area less than 1,500 square feet shall achieve a Source Energy compliance margin of 2.0 or greater, relative to the Source Energy Design Rating 1 calculated for the Standard Design building.

EXCEPTION 3 to Section 150.1(b)1. If a newly constructed building with a conditioned floor area less than 625 square feet demonstrates that due to conditions specific to the project, it is technically infeasible to achieve compliance, the Building Official may reduce the minimum Source Energy compliance margin to between 0 and 2.0, relative to the Source Energy Design Rating 1 calculated for the Standard Design building.

2. Additions and Alterations to Existing Buildings. The Energy Budget for additions and alterations is expressed in terms of TDV energy.

5.K.a
Packet Pg. 209 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 16 3. Section (b)(3) is adopted without modification.

Section (c) is adopted without modification.

Subchapter 10 - Multifamily Buildings – Mandatory Requirements Section 160.4 Mandatory Requirements for Water Heating systems is amended to remove subsection (a) as follows:
(a) Reserved.

Sections (b) to (f) are adopted without amendments.

Section 160.9 Mandatory Requirements for Electric Ready Buildings Section 160.9 Sections (a) to (c) are adopted without amendments. Sections (d) through (f) are added as follows:
d) Systems using gas or propane water heaters to serve individual dwelling units shall include the following components:

1. A dedicated 125 volt, 20 amp electrical receptacle that is connected to the electric panel with a 120/240 volt 3 conductor, copper branch circuit rated to 30 amps, within 3 feet from the water heater and accessible to the water heater with no obstructions. In addition, all of the following:

A. Both ends of the unused conductor shall be labeled with the word “spare” and be electrically isolated; and

5.K.a
Packet Pg. 210 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 17 B. A reserved single pole circuit breaker space in the electrical panel adjacent to the circuit breaker for the branch circuit in A above and labeled with the words “Future 240V Use”;

2. A condensate drain that is no more than 2 inches higher than the base of the installed water heater, and allows natural draining without pump assistance,

3. The construction drawings shall indicate the location of the future heat pump water heater. The reserved location shall have minimum interior dimensions of 39”x39”x96”

4. A ventilation method meeting one of the following:

A. The location reserved for the future heat pump water heater shall have a minimum volume of 700 cu. ft.,
B. The location reserved for the future heat pump water heater shall vent to a communicating space in the same pressure boundary via permanent openings with a minimum total net free area of 250 sq. in., so that the total combined volume connected via permanent openings is 700 cu. ft. or larger. The permanent openings shall be:
i. Fully louvered doors with fixed louvers consisting of a single layer of fixed flat slats; or
ii. Two permanent fixed openings, consisting of a single layer of fixed flat slat louvers or grilles, one commencing within 12 inches from the top of the enclosure and one commencing within 12 inches from the bottom of the enclosure.

5.K.a
Packet Pg. 211 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 18 C. The location reserved for the future heat pump water heater shall include two 8” capped ducts, venting to the building exterior.
i. All ducts connections and building penetrations shall be sealed. ii. Exhaust air ducts and all ducts which cross pressure boundaries shall be insulated to a minimum insulation level of R-6
iii. Airflow from termination points shall be diverted away from each other. e) Central Heat Pump Water Heater Electric Ready. Central water heating systems using gas or propane to serve multiple dwelling units shall include the following:

1. The system input capacity of the gas or propane water heating system shall be determined as the sum of the input gas or propane capacity of all water heating devices associated with each gas or propane water heating system.

2. Space reserved shall include:

A. Heat Pump. The minimum space reserved shall include space for service clearances, air flow clearances, and keep outs and shall meet one of the following:
i. If the system input capacity of the gas water heating system is less than 200,000 BTU per hour, the minimum space
reserved for the heat pump shall be 2.0 square feet per input 10,000 BTU per hour of the gas or propane water heating system, and the minimum linear dimension of the space
reserved shall be 48 linear inches.
ii. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU per hour, the

5.K.a
Packet Pg. 212 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 19 minimum space reserved for the heat pump shall be 3.6 square feet per input 10,000 BTU per hour of the gas or propane water heating system, and the minimum linear
dimension of the space reserved shall be 84 linear inches. iii. The space reserved shall be the space required for a heat pump water heater system that meets the total building hot water demand as calculated and documented by the
responsible person associated with the project.

B. Tanks. The minimum space reserved shall include space for service clearances and keep outs and shall meet one of the following:
i. If the system input capacity of the gas water heating system is less than 200,000 BTU per hour, the minimum space
reserved for the storage and temperature maintenance tanks shall be 4.4 square feet per input 10,000 BTU per hour. of the gas or propane water heating system.
ii. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU per hour, the
minimum physical space reserved for the storage and
temperature maintenance tanks shall be 3.1 square feet per input 10,000 BTU per hour. of the gas or propane water
heating system.

5.K.a
Packet Pg. 213 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 20 iii. The space reserved shall be the space required for a heat pump water heater system that meets the total building hot water demand as calculated and documented by the
responsible person associated with the project.

3. Ventilation shall be provided by meeting one of the following:

A. Physical space reserved for the heat pump shall be located outside, or
B. A pathway shall be reserved for future routing of supply and exhaust air via ductwork from the reserved heat pump location to an appropriate outdoor location. Penetrations through the building envelope for louvers and ducts shall be planned and identified for future use. The reserved pathway and penetrations through the building envelope shall be sized to meet one of the following:
i. If the system input capacity of the gas water heating system is less than 200,000 BTU per hour, the minimum air flow rate shall be 70 CFM per input 10,000 BTU per hour of the gas or propane water heating system and the total external static pressure drop of ductwork and louvers shall not exceed 0.17 inch when the future heat pump water heater is installed. ii. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU per hour, the
minimum air flow rate shall be 420 CFM per input 10,000 BTU per hour of the gas or propane water heating system and the

5.K.a
Packet Pg. 214 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 21 total external static pressure drop of ductwork and louvers shall not exceed 0.17 inch when the future heat pump water heater is installed.
iii. The reserved pathway and penetrations shall be sized to serve a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project.

4. Condensate drainage piping. An approved receptacle that is sized in accordance with the California Plumbing Code to receive the condensate drainage shall be installed within 3 feet of the reserved heat pump location, or piping shall be installed from within 3 feet of the reserved heat pump location to an approved discharge location that is sized in accordance with the California Plumbing Code, and meets one of the following:

A. If the system input capacity of the gas water heating system is less than 200,000 BTU per hour, condensate drainage shall be sized for 0.2 tons of refrigeration capacity per input 10,000 BTU per hour B. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU per hour, condensate drainage shall be sized for 0.7 tons of refrigeration capacity per input 10,000 BTU per hour
C. Condensate drainage shall be sized to serve a heat pump water heater system that meets the total building hot water demand as

5.K.a
Packet Pg. 215 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 22 calculated and documented by the responsible person associated with the project.

5. Electrical.

A. Physical space shall be reserved on the bus system of the main switchboard or on the bus system of a distribution board to serve the future heat pump water heater system including the heat pump and temperature maintenance tanks. In addition, the physical space reserved shall be capable of providing adequate power to the future heat pump water heater as follows:
i. Heat Pump. For the Heat Pump, the physical space reserved shall comply with one of the following:

A. If the system input capacity of the gas water heating system is less than 200,000 BTU per hour, provide 0.1
kVA per input 10,000 BTU per hour
B. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU per
hour, provide 1.1 kVA per input 10,000 BTU per hour
C. The physical space reserved supplies sufficient
electrical power required to power a heat pump water
heater system that meets the total building hot water
demand as calculated and documented by the
responsible person associated with the project.

5.K.a
Packet Pg. 216 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 23 ii. Temperature Maintenance Tank. For the Temperature Maintenance Tank, the physical space reserved shall comply with one of the following:

A. If the system input capacity of the gas water heating system is less than 200,000 BTU per hour, provide 1.0
kVA per input 10,000 BTU per hour
B. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU per
hour, provide 0.6 kVA per input 10,000 BTU per hour
C. The physical space reserved supplies sufficient
electrical power required to power a heat pump water
heater system that meets the total building hot water
demand as calculated and documented by the
responsible person associated with the project.
(f) The building electrical system shall be sized to meet the future electric requirements of the electric ready equipment specified in sections 160.9 a – e. To meet this requirement the building main service conduit, the electrical system to the point specified in each subsection, and any on-site distribution transformers shall have sufficient capacity to supply full rated amperage at each electric ready appliance in accordance with the California Electric Code.

5.K.a
Packet Pg. 217 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 24 Subchapter 11 – Multifamily Buildings
Amend Section 170.1 - Performance Approach - as follows:

A building complies with the performance approach if the TDV energy budget calculated for the Proposed Design Building under Subsection (b) is no greater than the TDV energy budget calculated for the Standard Design Building under Subsection (a). Additionally, the energy budget, expressed in terms of source energy, of a newly constructed multifamily building with three habitable stories or less shall be at least 7 percent lower than that of the Standard Design Building. Newly Constructed multifamily buildings with four habitable stories or more shall be at least 3 percent lower than that of the Standard Design Building.

Sub-sections (a) to (d) are adopted without amendments.

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.

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.

5.K.a
Packet Pg. 218 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) 25 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. This Ordinance shall become effective thirty days after adoption. 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

5.K.a
Packet Pg. 219 Attachment: ORD-OSE-Energy Reach Code 2d (6622 : Energy Reach Code Ordinance - Second Reading) City Council
Report
City Council Meeting: September 24, 2024
Agenda Item: 5.L
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 Adding Santa Monica Municipal Code Section 2.32.290 to Prohibit Acceptance of Gratuities by Public Officials
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on September 10, 2024, the City Council introduced for first reading an Ordinance adding Santa Monica Municipal Code Section 2.32.290 to prohibit acceptance of gratuities by public officials. 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-CAO-Gratuity 2d

5.L
Packet Pg. 220
1 City Council Meeting: September 24, 2024 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 2.32.290 PROHIBITING ACCEPTANCE OF

GRATUITIES BY CITY OFFICIALS
WHEREAS, the United States Supreme Court recently ruled that anti-bribery laws do not make it a crime for local officials to accept a gratuity for official acts they have already taken; and
WHEREAS, the Council believes it is unacceptable for City officials to receive gratuities for acts performed in their official capacity, and hereby formalizes the prohibition on so doing.

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

SECTION 1. Santa Monica Municipal Code Section 2.32.290 is hereby added to read as follows:

2.32.290. PROHIBITION ON GRATUITIES
(a) No City official shall receive, accept, take, seek, or solicit, directly or indirectly, anything of economic value as a gift, gratuity, or favor, from any person or entity to whom the official has conferred a public benefit within the last 12 months, intended as a reward or token of appreciation for or because of any official act performed by the public official. This Section shall be in addition to the provisions of Charter Section XXII, the Taxpayer Protection Act.

5.L.a
Packet Pg. 221 Attachment: ORD-CAO-Gratuity 2d (6624 : Gratuities Prohibition - Second Reading) 2 (b) As used herein, the term “public benefit” does not include public employment in the normal course of business for services rendered, but includes a contract, benefit, permit, or arrangement between the City and any individual, corporation, firm, partnership, association, or other person or entity to:
(1) provide services of a value in excess of $5,000 over any 12-month period;
(2) sell or furnish any material, supplies or equipment to the City of a value in excess of $5,000 over any 12 month period;
(3) buy or sell any real property to or from the City with a value in excess of $5,000, or lease or license any real property to or from the City with a value in excess of $5,000 over any 12-month period;
(4) receive an award of a franchise to conduct any business activity in a territory, and for which gross revenue from the business activity exceeds $5,000 in any 12-month period;
(5) confer a land use variance, special use permit, or other exception to a pre-existing master plan or land use ordinance pertaining to real property where such decision has a value in excess of $5,000;
(6) confer a tax abatement, exception, or benefit not generally applicable of a value in excess of $5,000 in any 12-month period; or
(7) receive cash or property of a net value to the recipient in excess of $5,000 in any 12-month period.
(c) Those persons or entities receiving public benefits as defined above shall include the individual, corporation, firm, partnership, association, or other person or entity

5.L.a
Packet Pg. 222 Attachment: ORD-CAO-Gratuity 2d (6624 : Gratuities Prohibition - Second Reading) 3 so benefiting, and any individual or person who, during a period where such benefit is received or accrues,
(1) has more than a five percent (5%) equity, participation, or revenue interest in that entity, or
(2) who is a trustee, director, partner, or officer of that entity or of another entity that owns or controls the entity receiving the public benefit, excepting persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6) of the Internal Revenue Code.

However, this exception shall not apply if the organization is a political committee or controls political committees as defined by California Government Code Section 82013 or 2 U.S.C. Section 431(4) or successor provisions.
(d) As used herein, the term “public official” includes any elected or appointed public official acting in an official capacity. This includes, but is not limited to: City Council members, Planning Commission members, and the City Manager, City Attorney, City Clerk, and Department Heads and their designees who may confer public benefits as defined in this section.
(e) Each violation of the provisions of this Chapter shall constitute a misdemeanor. Alternatively, a civil action may also be brought by the City or any interested party before any court of competent jurisdiction. In addition to all other remedies authorized by law, the court may impose a fine of up to five hundred dollars for each violation of this Chapter.

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

5.L.a
Packet Pg. 223 Attachment: ORD-CAO-Gratuity 2d (6624 : Gratuities Prohibition - Second Reading) 4 inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

5.L.a
Packet Pg. 224 Attachment: ORD-CAO-Gratuity 2d (6624 : Gratuities Prohibition - Second Reading) 1 February 27, 2024
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
FEBRUARY 27, 2024
A regular meeting of the Santa Monica City Council was called to order by Mayor Brock at 5:37 p.m., on Tuesday, February 27, 2024, at City Council Chambers, 1685 Main Street, Santa Monica, CA, and at a teleconference site in Texas and Austria.

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 (via teleconference)
Councilmember Jesse Zwick (via teleconference)
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 5:37 p.m., with all members present. Councilmember Parra led the assemblage in the Pledge of Allegiance.

LEVINE ACT

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

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

The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.

There were no recusals pursuant to the Levine Act.

GENERAL PUBLIC
INPUT:

Members of the public Jaysom Gladstone, Janet Gollery, Jill Hawkins, Nycole Washington, Neil Comess-Daniels, Nate Rugh, Mary Jo Dalton, Matthew Hom, Kavon Ward, Cathie Gentile, Louis Watanabe, Jim Conn, Autum Breon, Patricia Ibanez, Liliana Hernandez, Brittney, Zackory,

5.M
Packet Pg. 225 Minutes Acceptance: Minutes of Feb 27, 2024 5:30 PM (CONSENT CALENDAR) 2 February 27, 2024
Shondra, Chase Sherman, Mykael, Milana, Joanne Berlin, Denise Barton, Darya, April Banks, John Medlin, Laurence Cohen, Jerry Rubin, Johnathan Foster, Harvey Eder, Zoe Muntaner, Michael Pitkin, Eliza Jane Franklin Leggett, Regina Ramirez, and Robbie Jones commented on various local issues.

PUBLIC INPUT FOR

CLOSED SESSION,

SPECIAL AGENDA

ITEMS AND CONSENT
CALENDAR ONLY:

Members of the public Natalya Zernitskaya, Ericka Lesley, Nancy Coleman, and Nicole Faries commented on Closed Session items.

Members of the public Natalya Zernitskaya, Ian Dutton, Caro Vilain, Michael Brodsky, Rowan Sullivan, Christian Adera, Laurene von Klan, Paula Cizek, Juan Matute, Sudeepti Rachakonda, Varun Bhatnagar, Connor Webb, Nancy Coleman, and Johnathan Foster commented on Special Agenda Items.

Members of the public Johnathan Foster, Harvey Eder, Regina Ramirez, and Ericka Lesley commented on Consent Calendar Items.

PROCLAMATIONS/

COMMENDATIONS/

SPECIAL AGENDA
ITEMS

3.A. Proclamation: Frieze Week Los Angeles, was presented.

3.B. City Manager Report -Bike Action Plan and Vision Zero Update, was presented.

CLOSED SESSIONS
Councilmember Parra
returned at 9:52 p.m.

On order of the Mayor, the City Council recessed at 8:19 p.m., to consider closed sessions and returned at 9:50 p.m., with all members present except Councilmembers Parra and Zwick, to report the following:

4.A. Consider appointment of unrepresented employee - Government Code §54957(b); City negotiator: Mayor; Unrepresented employee: City Clerk/Interim City Clerk; conference with labor negotiator - Gov. Code §54957.6; City negotiator: Mayor; Unrepresented employee: City Clerk/Interim City Clerk
The City Attorney advised this matter was heard with no reportable action taken.

4.B. 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; Second District Court of Appeal Case No. B295935
The City Attorney advised this matter was heard with no reportable action taken.

4.C. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): Daniel Reygosa v. Charlesetta Grant, et al.; LASC Case

5.M
Packet Pg. 226 Minutes Acceptance: Minutes of Feb 27, 2024 5:30 PM (CONSENT CALENDAR) 3 February 27, 2024
No. 21STCV39861
The City Attorney advised this matter was heard with no reportable action taken.

REPORT ON COUNCIL
TRAVEL
Councilmember Zwick
returned at 10:00 p.m.

Mayor Brock reported that he traveled to Goleta, California for the United States Conference of Mayors leadership meeting.

CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.

Motion by Councilmember de la Torre, seconded by Mayor Pro Tem Negrete, to approve the Consent Calendar, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

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

SANTA MONICA BAY

SHORELINE

COORDINATED

MONITORING PLAN

5.A. Authorization to Enter into Cost-Sharing Agreement No. 11542 (CCS) with the City of Los Angeles for the Santa Monica Bay Shoreline Coordinated Monitoring Plan, was approved.

Recommended Action
Staff recommends that the City Council:

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.

1. Approve the use of available funding from the Clean Beaches and Ocean Parcel Tax Fund for a Memorandum of Agreement (MOA) with the City of Los Angeles to implement a cost-share shoreline water quality monitoring plan for the Santa Monica Bay Shoreline Monitoring in an amount not to exceed $484,555 (including a 15% contingency) over a five-year period through FY 2027-28.

2. Authorize the City Manager to negotiate and execute Memorandum of Agreement (MOA) No. 11542 (CCS) with the City of Los Angeles to implement a cost-share shoreline water quality monitoring plan to comply with the Los Angeles Regional Water Quality Control Board's (Board) National Pollutant Discharge Elimination System (NPDES) permit requirements for Santa Monica Bay.

5.M
Packet Pg. 227 Minutes Acceptance: Minutes of Feb 27, 2024 5:30 PM (CONSENT CALENDAR) 4 February 27, 2024

LUMBER FOR SANTA

MONICA PIER

5.B. Award Bid 4473 to Ganahl Lumber for the Purchase and Delivery of Lumber for the Santa Monica Pier, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) and Section 15331 (Historical Resource Rehabilitation) of the California Environmental Quality Act (CEQA) Guidelines.

2. Award Bid #4473 to Ganahl Lumber for the purchase and delivery of treated lumber to the Santa Monica Pier for the Public Works Department.

3. Authorize the Procurement Manager to issue a purchase order with Ganahl Lumber for the purchase and delivery of treated lumber in the amount not to exceed $120,000 for one year, with four additional one-year renewal options to extend on the same terms and conditions for a total amount not to exceed $600,000 over a five-year period, with future year funding contingent on Council budget approval.

UNLEADED FUEL

PURCHASE AND

DELIVERY

5.C. Authorization to Issue Purchase Orders with Falcon Fuels, Inc. for the Purchase and Delivery of Unleaded Fuel, was approved.

Recommended Action
Staff recommends that the City Council:

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

2. Authorize the Procurement Manager to issue a purchase order with Falcon Fuels, Inc. for the purchase and delivery of unleaded fuel for the City of Santa Monica. 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 $3,161,991 (including a 10% contingency) with future year funding contingent on Council budget approval.

TEMPORARY STAFFING 5.D. Award RFP to True North Compliance Services and Willdan Engineering for Temporary Staffing, 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. Award RFP# 385 to True North Compliance Services, Inc. and Willdan Engineering for temporary building inspection and plan review services for the Community Development Department.

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3. Authorize the City Manager to negotiate and execute Agreement No. 11543 (CCS) with True North Compliance Service, Inc., in an amount not to exceed $225,000 (for three years, with two-additional one-year renewal options in the amount of $75,000, on the same terms and conditions) for a total amount not to exceed $375,000 over a five-year period, with future year funding contingent on Council budget approval.; and

4. Authorize the City Manager to negotiate and execute Agreement No. 11544 (CCS) with Willdan Engineering, in an amount not to exceed $150,000 (for three years, with two-additional one-year renewal options in the amount of $50,000, on the same terms and conditions) for a total amount not to exceed $250,000 over a five-year period, with future year funding contingent on Council budget approval.

PROHOUSING

INCENTIVE PROGRAM
(PIP) GRANT

5.E. Adoption of Resolution No. 11572 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA AUTHORIZING THE CITY MANAGER TO SUBMIT AN

APPLICATION FOR AND ACCEPT RECEIPT OF PROHOUSING
INCENTIVE PROGRAM FUNDS,” was adopted.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines and find that uses of grant funding for short term housing assistance are consistent with the certified 6th Cycle Housing Element Environmental Impact Report;

2. Adopt attached Resolution No. 11572 (CCS) authorizing the City manager to submit an application for grant funds in the amount of $1,000,000 from the California Department of Housing and Community Development’s Prohousing Incentive Program (PIP) and to authorize the City Manager to execute all necessary documents to apply for the grant, accept the grant, if awarded, and accept all grant renewals and modifications, if awarded; and

3. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report, in the event the grant is awarded.

ASSIGNMENT BONUS

AND STAND-BY PAY

5.F. Adoption of Resolution No. 11573 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA ACCEPTING THE TENTATIVE AGREEMENT AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SIDE LETTERS
OF AGREEMENT WITH THE CALIFORNIA TEAMSTERS LOCAL 911
AND THE SUPERVISORY TEAM ASSOCIATES,” was adopted.

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Recommended Action
Staff recommends that the City Council:

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

2. Adopt proposed Resolution No. 11573 (CCS) (Attachment A) accepting the Tentative Agreement (TA) and authorizing the City Manager to execute Side Letters of Agreement with the California Teamsters Local 911 and the Supervisory Team Associates.

CITY ATTORNEY

EMPLOYEMENT

AGREEMENT

5.G. Adoption of Resolution No. 11574 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADOPTING A SALARY RATE FOR THE CITY ATTORNEY,”
was adopted.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15324 (Regulations of Working Conditions) of the CEQA Guidelines

2. Adopt Resolution No. 11574 (CCS) of the City of Santa Monica adjusting the salary rate for City Attorney (Attachment A).

3. Approve modification to employment agreement with Douglas Sloan for service as City Attorney and authorize the Mayor to sign the modification to employment agreement on behalf of the City (Attachment B).

MINUTES 5.H. Minutes of City Council - Regular and Special Joint Meeting - Feb 13, 2024, were approved.

PUBLIC INPUT ON

REMAINING AGENDA
ITEMS:

Members of the public Denise Barton, Lori Brown, Michael Soloff, and Ericka Lesley commented on Item 11.B.

Members of the public Charlotte Barrett and Erin Inatsugu commented on Item 16.A.

SPECIAL JOINT

MEETING OF THE CITY

COUNCIL, HOUSING

AUTHORITY/ROLL
CALL
On order of the Mayor, the City Council convened to a joint meeting with the Housing Authority at 10:10 p.m., with all members present except Authority Members Cochran and Lauretano.

REPORT ON MEETING

COMPENSATION
Pursuant to State law, Interim City Clerk Nikima S. Newsome announced that Council will receive $50 for meeting as the Housing Authority STAFF 11.A. Minutes for Housing Authority Meetings, were approved.

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ADMINISTRATIVE
ITEMS:

MINUTES
Recommended Action
Staff recommends that the Housing Authority approve the minutes of the April 11, 2023, April 25, 2023, and June 27, 2023 meetings.

Motion by Chair/Mayor Pro Tem Negrete, seconded by
Authority/Councilmember de la Torre, to adopt the staff recommendation.

The motion was approved by the following vote:

AYES: Authority/Councilmembers Zwick, Parra, Davis, Torosis, de la Torre
Vice Chair/Mayor Pro Tem Negrete, Chair/Mayor Brock
NOES: None
ABSENT: Authority Members Cochran and Lauretano
FY 2023-24 MIDYEAR

BUDGET UPDATE

11.B. Financial Status Update and FY 2023-24 Midyear Budget, was presented.

Recommended Action
Staff recommends that the City Council and Housing Authority:

1. Appropriate FY 2023-24 midyear revenue and expenditure budget adjustments and approve corresponding adjustments to the FY 2024- 25 budget plan. (Attachment A)
Staff also recommends that the City Council:

1. Receive an update to the FY 2023-24 through FY 2027-28 Five Year Financial Forecast;

2. Adopt Resolution No. 11575 (CCS) establishing new classifications and adopting salary rates for various positions (Attachment B);

3. Approve the position and classification changes (Attachment C);

4. Adopt Resolution No. 11576 (CCS) abolishing unused and obsolete classifications and associated salary rates (Attachment D);

5. Authorize the City Manager to accept a grant award in the amount of $200,000 from the California Department of Aging’s Local Aging & Disability Action Planning (LADAP) Grant Program in support of strategic planning efforts to address the needs of older adults and people with disabilities, and to execute all necessary documents to accept the grant and all grant renewals;

6. Authorize the City Manager to accept a grant award in the amount of $135,000 from the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) through the State of California, Governor’s Office of Emergency Services (CalOES) for the Office of Emergency Management in the City Manager’s Office, and to accept all grant renewals; and

7. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California

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Environmental Quality Act (CEQA) Guidelines.

Questions asked and answered of staff included: regarding the right to counsel contract, will funds be used solely to pay consultants or for the provision of legal services; will the requested flexible problem-solving dollars to keep tenants in their units be included in the right to counsel funds allocation; what type of inspections are the Community Development building inspectors performing; what approach is the City taking to control costs tied to higher expenditures around insurance claims, premiums, healthcare costs and unfunded pension liabilities; status update on coastal zone parking rate increase; how were these changes determined and what is an equity adjustment; are equity increases a one time-payment and have comparative studies occurred with neighboring cities.

Motion by Authority/Councilmember Davis, seconded by Authority/ Councilmember Torosis, to adopt the staff recommendation , with an amendment to move the proposed $14,000 Council travel budget and adding an additional $1,000 from the discretionary funds, to allocate $5,000 each to the Montana Merchants, Pico Improvement Organization and Main Street Merchants Business Improvement Districts for programs and events to promote local businesses and community.

Substitute motion proposed by Authority/Councilmember de la Torre, to divide the $15,000 between the small bids and neighborhood groups while still increasing the travel budget by $14,000. The substitute motion died for lack of a second.

Substitute motion by Chair/Mayor Brock, seconded by
Authority/Councilmember de la Torre, to adopt the original staff recommendation for the City Council and Housing Authority. The motion failed by the following vote:

AYES: Authority/Councilmembers de la Torre, Parra,
Vice Chair/Mayor Pro Tem Negrete, Chair/Mayor Brock
NOES: Authority/Councilmembers Torosis, Davis, Zwick
ABSENT: Authority Members Cochran and Lauretano
Substitute motion by Authority/Councilmember de la Torre, seconded by Chair/Mayor Brock, to conduct a second vote to adopt the original staff recommendation for the City Council and Housing Authority. The motion failed by the following vote:

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Substitute motion by Authority/Councilmember Zwick, seconded by Authority/Councilmember Davis, to adopt staff recommendation with an amendment to move the proposed $14,000 of Council travel funds with the $36,000 Council discretionary funds, thereby totaling $50,000.

AYES: Authority/Councilmembers de la Torre, Torosis, Davis, Parra, Zwick
Vice Chair/Mayor Pro Tem Negrete, Chair/Mayor Brock
NOES: None
ABSENT: Authority Members Cochran and Lauretano
Motion by Councilmember Davis, seconded by Councilmember Parra, to adopt the staff recommendation. The motion was approved by the following roll call vote:

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

CONTINUE MEETING
PAST 11:00 P.M.

Motion by Mayor Pro Tem Negrete, seconded by Mayor Brock, to continue the meeting after 11 p.m. and hear the remainder of the agenda. The motion was approved by the following roll call vote:

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

ADJOURNMENT OF

SPECIAL JOINT

MEETING
On order of the Chair/Mayor, the special joint meeting with the Housing Authority was adjourned at 11:10 p.m., and the regular meeting of the City Council was reconvened with all members present.

COUNCILMEMBER
DISCUSSION ITEMS:

16.A. Request of Vice Mayor Negrete and Mayor Brock that the City Council allocate $15,000 in Council discretionary funds to support the Santa Monica High School Choir program. The funds will aid students in participating in a unique opportunity to perform in cathedrals across Spain, including Barcelona, Burgos, and Madrid. These seniors, who experienced disruptions due to the pandemic during their freshman year in 2020, are fundraising for the trip, and this allocation would help match some of their raised funds, was presented.

Councilmember Zwick proposed an amendment to increase allocated funds from $15,000 to $20,000.

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Motion by Councilmember de la Torre, seconded by Mayor Pro Tem Negrete, to approve the recommendation with an amendment to increase allocated funds from $15,000 to $20,000. 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
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 11:36 p.m.

ATTEST: APPROVED:

Nikima S. Newsome Phil Brock
Interim City Clerk Mayor

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(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
SEPTEMBER 10, 2024
A regular meeting of the Santa Monica City Council was called to order by Mayor Brock at 5:36 p.m., on Tuesday, September 10, 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 (Arrived at 5:39 p.m.)
Councilmember Jesse Zwick (Arrived at 5:38 p.m.)
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Nikima S. Newsome
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:36 p.m., with all members present except Councilmembers Zwick and Torosis. Mayor Pro Tem Negrete led the assemblage in the Pledge of Allegiance.

LEVINE ACT

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

AGENDA

MANAGEMENT
Motion by Councilmember Davis, seconded by Mayor Pro Tem Negrete to hear the commendations/proclamations prior to general public input and to hear Item 3.D. first. The motion was approved by unanimous voice vote with all Councilmembers present except Councilmember Zwick and Torosis.

GENERAL PUBLIC
INPUT:

Members of the public Bill Francis, Charmaine, Denise Barton, Robbie Staenberg, Abby Custis, Johnathan Foster, and Zoe Muntaner commented on

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various local issues.

PUBLIC INPUT FOR

CLOSED SESSION,

SPECIAL AGENDA

ITEMS AND CONSENT
CALENDAR ONLY:

Members of the public Maria Loya, Anna, Mike Feinstein, Natalya Zernitskaya, and Zoe Muntaner commented on Closed Session Items.

No members of the public commented on Special Agenda Items.

Member of the public Denise Barton commented on Consent Calendar Items.

PROCLAMATIONS/

COMMENDATIONS/

SPECIAL AGENDA
ITEMS
(Councilmember Zwick
arrived at 5:38 p.m.)
(Councilmember Torosis at
5:39 p.m.)

3.A. Proclamation: Hispanic Heritage Month, was presented.

3.B. Proclamation: Transportation Demand Management (TDM) Week, was presented.

3.C. Proclamation: United Against Hate Week, was presented.

3.D. Commendation: Lares Restaurant, was presented.

3.E. Recognition of Outgoing Boards & Commission Members, was pulled at the request of staff.

3.F. City Manager Report, was presented.

CLOSED SESSIONS On order of the Mayor, the City Council recessed at 6:47 p.m., to consider Closed Sessions and returned at 9:30 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; LASC Case No. BC616804
The City Attorney advised this matter was heard with no reportable action taken.

4.B. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Yossi Govrin, et al., v. City of Santa Monica, et al.; LASC Case No. 20STCV43902
The City Attorney advised this matter was heard with no reportable action taken.

4.C. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Scott Harber v. City of Santa Monica; LASC Case No. 22STCV02016 [report out only]
The City Attorney reported Council approved Settlement Agreement No.

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11612 (CCS) in the amount of $2,500,000 for Harber at the June 11, 2024 Council meeting by a vote of 6-0 with Councilmember de la Torre absent from the meeting.

REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.

CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.

Motion by Councilmember de la Torre, seconded by Councilmember Davis, to approve the Consent Calendar, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

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

FIRE DEPARTMENT

TRAINING SERVICES

5.A. Award Bid to Advanced Problem Solving for LAAFCA Training Delivery Model, was approved.

Recommended Action
Staff recommends that the City Council:

1. Award RFP# 404 to Advanced Problem Solving, LLC for video and curriculum Training Delivery development services for the Fire Department;

2. Authorize the City Manager to negotiate and execute Agreement No. 11613 (CCS) with Advanced Problem Solving, LLC in an amount not to exceed $1,250,000 for three years, including a $250,000 contingency, with two one-year renewal options totaling $1,400,000, on the same terms and conditions for a total contract amount not to exceed $2,650,000 over a five-year period, with future year funding contingent on Council budget approval and upon the Fire Department securing the associated annual Homeland Security grant funding; and

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

COMPUTER-AIDED

DISPATCH SYSTEMS

5.B. Approval of First Agreement Modification with Intterra, LLC for Cloud-Based Common Operating Platform to Share Data Across Computer-Aided Dispatch Systems, was approved.

Recommended Action
Staff recommends that the City Council:

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1. Authorize the City Manager to negotiate and execute a first modification to SaaS Agreement No. 11550 (CCS) in the amount of $154,000 with Intterra, LLC to provide a cloud-based common operating platform to share data across multiple computer-aided dispatch systems across the region for the Los Angeles Area Fire Chief’s Association. This will result in a two-year amended agreement with a new total not to exceed amount of $943,251 and a total compensation not to exceed $2,289,730 should the City exercise its right to extend the agreement for the option term. Future years funding is contingent on Council budget approval and Federal Emergency Management Agency Homeland Security Grants;

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

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

POLICE CANINE

RETIREMENT

5.C. Approval of Police Canine Retirement, was approved.

Recommended Action
Staff recommends that the City Council:

1. Authorize the retirement of police service dog, Ford.

2. Authorize Ford be sold to Santa Monica Police Officer Kevin Bacarella for the sum of one dollar.

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

PROJECTDOX CLOUD 5.D. Award Contract to Avolve Software Corporation to Upgrade and Migrate ProjectDox to a Cloud Model, 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 Agreement No. 11614 (CCS) with Avolve Software Corporation, to upgrade and migrate ProjectDox software to a cloud model for the Information Services Department. This recommended award is made as an exception to the competitive process pursuant to Section 2.24.250(g) and is for a total amount not to exceed $791,539 (including a $58,634 contingency) for five years, with future year funding contingent on Council budget approval.

OPTICAL NETWORK 5.E. Award Bid to VarData LLC for replacement and support

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INFRASTRUCTURE services of the City's optical network infrastructure, was approved.

Recommended Action
Staff Recommends that the City Council:

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

2. Award Bid #4487 to VarData LLC to provide replacement with care support of the City’s aging optical network infrastructure with a Juniper MPLS routed network for the Information Services Department;

3. Authorize the City Manager to negotiate and execute Agreement No. 11615 (CCS) with VarData LLC, in an amount not to exceed $297,624 (including a $27,057 contingency), for five years, with future year funding contingent on Council budget approval.

STATEMENTS OF

ECONOMIC INTEREST

5.F. Adoption of Resolution No. 11611 (CCS) Repealing Resolution No. 11508 (CCS) and Amending the City’s Conflict of Interest Code to Revise the Designated Positions as Required by California Law to File Statements of Economic Interest, was adopted.

Recommended Action
Staff recommends the Council:

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

2. Adopt the Resolution amending the City’s Conflict of Interest Code.

CITY STREET SPEED
LIMITS

5.G. Second Reading and Adoption of Ordinance No. 2787 (CCS) Amending Santa Monica Municipal Code Section 3.12.490 to Establish Speed Limits for Certain City Streets Pursuant to the California Vehicle Code, was adopted.

Recommended Action
Staff recommends that the City Council adopt the attached Ordinance

BEACH DUNE
RESTORATION PHASE 3

5.H. Approval of First Modification to Contract No. 10309 (CCS) with The Bay Foundation for Santa Monica Beach Dune Restoration Phase 3, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Statutory Exemption pursuant to Section 21080.56 (Statutory Exemption for Restoration Projects) of the California Environmental Quality Act (CEQA) guidelines.

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2. Authorize the City Manager to negotiate and execute a first modification to agreement #10309 at no additional cost with The Bay Foundation for the Santa Monica beach dune restoration Phase 3 (SaMo3) project.

MINUTES 5.I. Approval of City Council Minutes of Jan 23, 2024 5:30 PM, were approved.

MINUTES 5.J. Approval of City Council Minutes of Aug 27, 2024 5:30 PM, were approved.

PUBLIC INPUT ON

REMAINING AGENDA
ITEMS:

Members of the public Denise Barton, Steven Harper, Johnathan Foster, Michael Soloff, Dennis Zane, Jon Katz, and John C. Smith commented on Item 8.A.

CONTINUED ITEMS:

PUBLIC CAMPING

PROHIBITION

8.A. Introduction for First Reading an Ordinance Amending Santa Monica Municipal Code Section 4.08.095 - Prohibition Against Camping in Public Places, was presented.

Recommended Action
Staff recommends that the City Council consider:

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

2. Introduce for first reading an Ordinance amending Santa Monica Municipal Code section 4.08.095 - Prohibition against camping in public places.

Questions asked and answered of staff included: will this return the ordinance back to the prior; camping vs. sleeping; does the City have a history of arrests for sleeping in public spaces; what happens if someone is found sleeping with a sleeping bag, blanket, and pillow; how does this change in language change anything that is currently in practice; how often do officers arrest or write reports pertaining to encampments; is it unconstitutional for stopping someone from sleeping; does this provide a tool to engage and is this a benefit; does the Santa Monica Police Department lead with compassion; would police be prohibited from engaging if the language does not change; what would be considered an encampment; during the period since Grants Pass was there an influx of people camping or sleeping in public areas; can a person sleeping outside be forced to accept resources to bring them inside; are there resources to assist with transition indoors; has the City pursued partnerships with churches and organizations to provide temporary sleeping facilities; is there a way for police to look out for those considered more vulnerable; and what does coordination with programs who work with the homeless population look like right now.

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Considerable discussion ensued on topics including, but not limited to:
adding tools for police officers to engage with unhoused individuals; reducing homelessness by building more housing; changing this ordinance will not solve the problem of homelessness; fines and charges impeding unhoused persons from receiving resources to find permanent housing; mental health and drug concerns among the unhoused; high usage of engagement assisting in obtaining permanent housing; and addressing the concerns of the residents and business owners.

Motion by Mayor Pro Tem Negrete, seconded by Councilmember Parra, to adopt the staff recommendation of options 2 and 3, repealing changes made in 2022 to Santa Monica Municipal Code Section 4.05.095, prohibition against camping in public places, to comply with the Ninth Circuit’s Grants Pass ruling; and to give direction to continue to monitor what other cities are doing and return with additional options on this and related issues, which may include, but not be limited to, examination of opportunities for further amendments to the Municipal Code to address use of public spaces as part of the City’s wholistic approach to addressing homelessness. Should Council give direction to return at a future date, future recommendations will necessarily be the result of a collaboration between City staff and the City Attorney’s Office, including Santa Monica Police Department, the Housing and Human Services Division, and the City’s Criminal Unit to provide recommendations on what is feasible given available resources, and may dovetail with the public safety budget discussion in October. The motion was approved by the following vote:

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

CONTINUE MEETING
PAST 11:00 P.M.

Motion by Mayor Pro Tem Negrete, seconded by Councilmember Davis, to continue past 11:00 p.m. The motion was passed by unanimous voice vote with all members present.

GRATUITIES

PROHIBITION

8.B. Introduction for First Reading of an Ordinance Adding Santa Monica Municipal Code Section 2.32.290 to Prohibit Acceptance of Gratuities by Public Officials, was presented.

Recommended Action
Staff recommends that Council:

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

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2. Introduce for first reading an Ordinance to add Section 2.32.290 to the Santa Monica Municipal Code prohibiting the acceptance of gratuities by public officials
Motion by Councilmember de la Torre, seconded by Mayor Pro Tem Negrete, to adopt the staff recommendation. The motion was approved by the following vote:

Direction from Councilmember Davis that the City Attorney draft and return with an ordinance prohibiting gratuities for elected officials regardless of whether it is in connection with any action taken by Council or not.

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

HOTEL WORKER

PROTECTION

10.A. Introduction and First Reading of an Ordinance Amending the City’s Hotel Worker Protection Ordinance, was presented.

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);

2. Introduce for first reading an ordinance amending the City’s Hotel Worker Protection Ordinance (HWPO).

Questions asked and answered of staff included: is this similar to an ordinance adopted in the City of Los Angeles; are hotel operators aware of such ordinances; is there any opposition to this particularly from SMTT; do we report to BCBA; does this apply to all hotels (union and non-union); was this brought about as a result of complaints received by the City Attorney’s Office; what are the plans to educate hotel operators about this; how many hotels have adopted a superseding clause through collective bargaining; and why weren’t individual hotel operators met with.

Considerable discussion ensued on topics including, but not limited to including square footage of rooms similar to the City of Los Angeles’ ordinance at second reading and reasoning behind superseding clauses for unions.

Motion by Councilmember de la Torre, seconded by Mayor Pro Tem Negrete, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NEW CONSTRUCTION
ENERGY

PERFORMANCE

10.B. Introduce for First Reading Local Amendment Ordinance to the 2022 California Energy Code for Energy Performance Approach Reach Code for New Construction and Adoption of Resolution, was presented.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15308 and a finding of no possibility of significant effect pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines;

2. Introduce for first reading an ordinance repealing Santa Monica Municipal Code (SMMC) Chapter 8.38 Zero Emission Building Code, amending SMMC Section 8.08.040 to remove reference to the Zero Emission Building Code, and adopting local amendments to the 2022 California Energy Code under SMMC Chapter 8.36 to support improved energy performance in new buildings;

3. Adopt Resolution No. 11612 (CCS)x that provides findings of energy and cost savings as required to adopt local amendments to the 2022 California Energy Code; and

4. Direct the City Manager to file the adopted resolution and ordinance with the California Energy Commission following the second reading of the ordinance.

Motion by Councilmember Torosis, seconded by Councilmember de la Torre, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof and to adopt the resolution. 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
STAFF

ADMINISTRATIVE
ITEMS:

SKILLED LABOR
POLICY

11.A. Approve Skilled Labor Policy for Renewable Energy and Electrical Vehicle Supply Equipment Projects, was presented.

Recommended Action
Staff recommends that the City Council:

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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. Approve the proposed Santa Monica Skilled Labor Policy for Renewable Energy and Electrical Vehicle Supply Equipment Projects for the Public Works Department.

Motion by Councilmember Torosis, seconded by Mayor Brock, to adopt the staff recommendation. 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:

COUNCIL RULES

16.A. Request of Councilmember Davis to direct the City Attorney, City Manager, and City Clerk to prepare an amendment to the Council Rules that will provide that all 16 items must be approved by the City Attorney as legal and the City Manager as feasible (i.e., reasonably possible given available resources) prior to placing an item on the Council agenda. The City Manager, City Attorney and City Clerk are asked to return to the City Council with proposed amended Council rules as soon as possible, was presented.

Considerable discussion ensued on topics including, but not limited to putting items on the agenda that can’t be enacted; adding repetitive items to the agenda that have already been voted on; creating a rule to address repetitive items; ambiguity around feasibility; challenging laws; and putting guardrails on Councilmembers.

Motion by Councilmember Davis, seconded by Mayor Pro Tem Negrete, to adopt the item with direction to include language addressing repetitive 16 Items being brought forth and to tailor the use of the term feasible as narrowly as possible. 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
RAINBOW REWIND 16.B. Request of Councilmember Davis that the City Council, as part of LGBTQ+ History Month, approve City sponsorship of the Rainbow Rewind: A Queer Prom for Grown Ups on October 18, 2024 in the Santa Monica Pier Carousel Building by directing the City Manager to waive the City’s portion of fees for use of the Pier Carousel Building.

City fees related to Rainbow Rewind include the rental fees associated

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with the use of the Pier in an amount up to $7,000 in waived fees, was presented.

Motion by Councilmember Davis, seconded by Mayor Brock, to approve the item The motion was approved by the following vote:

ATTEST: APPROVED:

Nikima S. Newsome Phil Brock
City Clerk Mayor

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Packet Pg. 245 Minutes Acceptance: Minutes of Sep 10, 2024 5:30 PM (CONSENT CALENDAR) 1 September 10, 2024
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
SEPTEMBER 10, 2024
A special meeting of the Santa Monica City Council was called to order by Mayor Brock at 5:36 p.m., on Tuesday, September 10, 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 (Arrived at 5:39 p.m.)
Councilmember Jesse Zwick (Arrived at 5:38 p.m.)
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Nikima S. Newsome
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:36 p.m., with all members present except Councilmembers Zwick and Torosis. Mayor Pro Tem Negrete led the assemblage in the Pledge of Allegiance.

LEVINE ACT

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

PUBLIC INPUT FOR

CLOSED SESSION ITEMS
No members of the public commented on closed session items.

CLOSED SESSIONS On order of the Mayor, the City Council recessed at 6:47 p.m., to consider Closed Sessions and returned at 9:30 p.m., with all members present, to report the following:

4.A. Conference with real estate negotiator, Gov. Code §54956.8:

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Santa Monica Beach, 1550 Parking Lot (venue for L.A. Olympics 2028 beach volleyball); City Negotiators: Susan Cline, Assistant City Manager and Melissa Spagnuolo, Community Partnerships Manager; Venue Negotiators: Vic Nol, Director, Venue Cities Relations, Los Angeles Organizing Committee for the Olympic and Paralympic Games 2028; under negotiation: price and terms of payment The City Attorney advised this matter was heard with no reportable action taken.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 9:31 p.m.

ATTEST: APPROVED:

Nikima S. Newsome Phil Brock
City Clerk Mayor

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Report
City Council Meeting: September 24, 2024
Agenda Item: 10.A
1 of 3
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Introduction and First Reading of an Ordinance Adding Santa Monica Municipal Code Section 2.32.291 Prohibiting Providing and Acceptance of Gifts by Councilmembers
Recommended Action
Staff recommends that Council:

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

2. Introduce for first reading an Ordinance to add Section 2.32.291 to the Santa Monica Municipal Code prohibiting offering and acceptance of gifts by Councilmembers.

Summary
At the September 10, 2024, meeting, Council approved direction following initial approval of an ordinance prohibiting City officials from accepting gratuities to also bring an ordinance prohibiting Councilmembers from accepting all gifts. The proposed ordinance will prohibit providing or acceptance of gifts, using State law definitions and exceptions, to Councilmembers.

Discussion
The proposed ordinance would prohibit providing to Councilmembers and prohibit Councilmembers from accepting gifts, using State law definitions and exceptions. State law currently regulates reporting gifts, but does not necessarily prohibit accepting gifts under a certain value.

For example, the following types of gifts would be prohibited:

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1. Free or discounted meals, tickets or entry to events, or travel.

2. Discounts of any other type not also offered to the general public, such as merchandise, loans, services.

Exceptions to the definitions of gifts under State law would apply, for example:

1. Gifts from family members.

2. Exchanges of equal value.

3. Timely returning a gift or donating it to a non-profit.

4. Campaign contributions required to be reported under state or local law.

5. Any devise or inheritance.

6. Personalized plaques and trophies with an individual value of less than two hundred fifty dollars ($250).

7. Commemorative items from City departments generally offered to attendees at City sponsored events.

8. Meals, transportation, or lodging provided or paid for by the City in connection with attendance at City sponsored events.

9. Anything excluded from the definition of “gift” under the Political Reform Act, as memorialized in 2 C.C.R. Sec. 18942.

Each violation of the provisions of this Section shall constitute a misdemeanor.

Alternatively, a civil action may also be brought by the City or any interested party before any court of competent jurisdiction. In addition to all other remedies authorized by law, the court may impose a fine of up to five hundred dollars for each violation of this Chapter. Additionally, all gifts received in violation of this Section must be returned to the donor or the value of the gift fully reimbursed within 30 days of receipt.

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

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Prepared By: Douglas Sloan, City Attorney
Approved Forwarded to Council
Attachments:

A. ORD-CAO-Gifts 092424

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1 City Council Meeting: September 24, 2024 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 2.32.291 PROHIBITING THE GIVING OF GIFTS

TO COUNCILMEMBERS OR ACCEPTANCE OF GIFTS BY COUNCILMEMBERS WHEREAS, the Council believes it is unacceptable for City Councilmembers to receive gratuities or gifts of any type in connection with their official capacity, and hereby formalizes the prohibition on so doing.

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

SECTION 1. Santa Monica Municipal Code Section 2.32.291 is hereby added to read as follows:

2.32.291. PROHIBITION ON GIFTS TO COUNCILMEMBERS
(a) No person shall provide, and no City Councilmember shall receive, accept, take, seek, or solicit, directly or indirectly, any gift, as defined in this Section. This Section shall be in addition to the provisions of Charter Section XXII, the Taxpayer Protection Act. (b) “Gift” means, except as provided in subdivision (c), any payment, property, or service that confers a personal benefit on the recipient, to the extent that consideration of equal or greater value is not received and includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public without regard to official status. Any person, other than a defendant in a criminal action, who claims that a payment is not a gift by reason of receipt

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Packet Pg. 251 Attachment: ORD-CAO-Gifts 092424 (6627 : Gifts Prohibition - First Reading) 2 of consideration has the burden of proving that the consideration received is of equal or greater value.
(c) The term “gift” does not include:
(1) Informational material such as books, reports, pamphlets, calendars, or periodicals. No payment for travel or reimbursement for any expenses shall be deemed “informational material.”
(2) Gifts which are not used and which, within 30 days after receipt, are either returned to the donor or delivered to a nonprofit entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code without being claimed as a charitable contribution for tax purposes.
(3) Gifts from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin or the spouse of any such person; provided that a gift from any such person shall be considered a gift if the donor is acting as an agent or intermediary for any person not covered by this paragraph.
(4) Campaign contributions required to be reported under state or local law. (5) Any devise or inheritance.
(6) Personalized plaques and trophies with an individual value of less than two hundred fifty dollars ($250).
(7) Commemorative items from City departments generally offered to attendees at City sponsored events.
(8) Meals, transportation, or lodging provided or paid for by the City in connection with attendance at City sponsored events.

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Packet Pg. 252 Attachment: ORD-CAO-Gifts 092424 (6627 : Gifts Prohibition - First Reading) 3 (9) Anything excluded from the definition of “gift” under the Political Reform Act, as memorialized in 2 C.C.R. Sec. 18942.
(d) Each violation of the provisions of this Section shall constitute a misdemeanor. Alternatively, a civil action may also be brought by the City or any interested party before any court of competent jurisdiction. In addition to all other remedies authorized by law, the court may impose a fine of up to five hundred dollars for each violation of this Chapter. Additionally, all gifts received in violation this Section must be returned to the donor or the value of the gift fully reimbursed within 30 days of receipt.

SECTION 2. 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 3. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

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Packet Pg. 253 Attachment: ORD-CAO-Gifts 092424 (6627 : Gifts Prohibition - First Reading) City Council
Report
City Council Meeting: September 24, 2024
Agenda Item: 12.A
1 of 46
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Public Hearing and Adoption of Resolutions for Amendments to the Land Use and Circulation Element of the General Plan, Bergamot Area Plan, Downtown Community Plan; and Introduction for First Reading and Adoption of an Ordinance Amending Text of the Zoning Ordinance for Phase 2 Implementation of the 6th Cycle (2021-2029) Housing Element Recommended Action
Staff recommends that the City Council:

3. Adopt Resolution Amending the Text of the Bergamot Area Plan to Repeal Chapter 5, Development Standards and Land Use Regulations, for Integration of Those Provisions into the Zoning Ordinance;

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Housing Element, Updates to Development Standards for Non-Housing Projects, and Other Minor Amendments for Consistency with the Zoning Ordinance; for Consistency with Recent Updates to State Housing Law; and Making Other Minor Changes, Corrections, and Clarifications.

Summary
On October 14, 2022, the State of California’s Housing and Community Development Department (HCD) certified the City’s 6th Cycle 2021-2029 Housing Element. The certified Housing Element represents the City’s commitment to implement the Housing Element programs and meet the City’s Regional Housing Needs Allocation (“RHNA”) in compliance with State Housing Element Law.

On March 21, 2023 and April 11, 2023, Council adopted amendments to the Land Use and Circulation Element (“LUCE”), Bergamot Area Plan (“BAP”), Downtown Community Plan (“DCP”), and Zoning Ordinance to implement the first phase of the certified Housing Element programs. These Phase 1 programs consisted of Programs 1.A, 1.F,

1.J, 2.C, 2.D, and 4.A and provided for streamlined approvals of housing projects, streamlined design review of housing projects, revised development standards for housing projects, modified inclusionary requirements in the City’s Affordable Housing Production Program, and an updated Density Bonus Ordinance.

The second phase of implementation programs for the 6th Cycle Housing Element is due by either October 2024 or December 2024, per the commitment in the certified Housing Element. Study sessions were conducted with the Planning Commission and City Council on May 8, 2024 and June 11, 2024, respectively, for staff to provide an update regarding implementation of Phase 2 programs and to receive initial policy direction. This report presents the proposed amendments to Council for these Phase 2 programs based on Council’s prior direction and the Planning Commission’s recommendations.

The report provides a summary of changes related to seven Phase 2 Housing Element programs and highlights two substantive Phase 2 programs: Program 1.H which is

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being implemented through a new Adaptive Reuse Ordinance and Program 1.E, which is being implemented through development of new standards in the Bergamot area.

In response to Council’s direction to explore approaches to maximize open space in the Bergamot area, this report presents an open space strategy that seeks to substantially increase open space requirements through revised open space standards. In addition, Council is being asked to consider an optional special process incentive that would allow housing projects on sites over one acre to voluntarily opt into providing specified commitments around dedicated public space and unit mix in exchange for the housing project to be processed through an administrative approval (i.e. no formal public hearing). The special process incentive is a new concept that is not required for Housing Element compliance but is being brought forth to be responsive to Council direction.

Discussion
Planning Commission Action
On August 7, 2024, the Planning Commission reviewed the proposed amendments and voted 6-0 (1 absent) to recommend that the Council adopt the proposed amendments with the following changes:
• Bergamot Area Plan
o Process Incentive Program for Large Parcels – adjustment of minimum ground floor open space for parcels over 1 acre; add a requirement that up to 25% of ground floor open space can be covered by a projection or habitable building space so long as the projection does not encroach below 20 feet
o Fences, Walls and Hedges for Private Open Space Adjacent to the Public Right of Way – allow fences, wall and hedges up to 54 inches in height for private open space adjacent to public right of way for residential uses • Adaptive Reuse Ordinance
o Replacement Parking – do not require replacement parking

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o Highlight Incentives for Historic Preservation Projects – highlight available incentives for adaptive reuse projects that are designated historic resources
• Implementation of State law (SB 684)
o Allow rental housing projects to have the same side yard setback (i.e. 4 feet) as ownership housing projects
Further, the Commission recommends that the Council consider a tax rebate for properties that are transferred for the purposes of 100% affordable housing.

The City of Santa Monica committed to implementing Phase 2 of the 6th Cycle Housing Element by October 15, 2024. To implement Phase 2 programs listed in the Housing Element, and to achieve the level of housing production mandated by the City’s Regional Housing Needs Allocation (RHNA), amendments to the Zoning Ordinance, BAP, DCP, and LUCE are required to implement and ensure consistency with State law and the goals, policies, and programs in the Housing Element.

This report is organized as follows:
• Major Phase 2 Housing Element Programs
o Program 1.H (Adaptive Reuse)
o Program 1.E (Revise the Design Standards in the Bergamot Area Plan) • Summary of Remaining Mandatory Phase 2 Housing Element Programs o Program 1.B (Streamline the Architectural Review Process) o Program 1.I (Innovations in Construction Technology)
o Program 2.B (Right of First Offer Ordinance)
o Program 2.C (Update the City’s Affordable Housing Production Program – Part 2)
o Program 2.I (Zoning for Variety of Housing Types)
o Program 3.A (Restrict the Removal of Existing Rental and Protected Units)
o Program 3.E (Maintain a Low-Income Residential Repair Program)

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o Program 5.B (Low Barrier Navigation Centers as By-Right Use) • Changes for Consistency with State Law
• Other Changes Necessary for Clean Up and Clarity
The following provides a summary of the proposed changes to the Zoning and Land Division Ordinances, BAP, DCP, and LUCE to implement these programs based on the comments and direction received from the Planning Commission on May 8, 2024, and from City Council on June 11, 2024. The specific language of the proposed amendments is included as Attachments A - D.

Consequences of Not Implementing the Housing Element / Falling Out of Compliance If the City does not meet the implementation deadlines in the Housing Element, the City will be out of compliance and will not be able to be in compliance until rezoning is completed and subject to the consequences detailed below.

Consequences of Being out of Compliance in Short Term
Gov’t Code
Section
Trigger
Point
Summary
Housing
Accountability
Act: 65589.5(d)(1)
& (5)(B)
“Builder’s
Remedy” projects
Housing Element
is out of
compliance
• Projects with at least 20% affordable to
60% AMI or 100% Moderate could be
proposed in excess of zoning or general
plan maximums
• Conditions cannot render the project
infeasible
• New builder’s remedy legislation is
pending Governor’s approval as part of
the current legislative session both
clarifies applicability of builder’s remedy
and also a new option that places density
limits but allows combination of builder’s
remedy with SB330, State density bonus
law, and AB2011 or SB35

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Consequences of Being out of Compliance in Short Term
Gov’t Code
Section
Trigger
Point
Summary
Housing funding
programs
dependent on
Housing Element
compliance
Housing Element
is out of
compliance
• Ineligible for funding programs where the
City has previously been awarded funding
for affordable housing such as Local
Housing Trust Fund (LHTF) and
Permanent Local Housing Allocation
(PLHA)
• Others include Affordable Housing and
Sustainable Communities program
(AHSC), SB1, and SB2
Consequences in Long Term
Gov’t Code
Section
Trigger Point Summary
Senate Bill 35
(65400, 65582.1,
65913.4)
• Starting with April 1,
2023, Annual Progress
Report (APR) to HCD,
determination by HCD
that Santa Monica has
not issued sufficient
building permits to meet
pro-rated RHNA for
market rate units and
lower-income units
• Determination typically
made in June reviewing
data from January 1 –
December 1, 2022
Requires ministerial approval (no
public hearing) for projects that
include minimum percentage of
affordability and meet SB35
preconditions
• If Above Moderate (i.e.
market-rate) RHNA not
met, then projects with at
least 10% affordability
• If Lower Income RHNA
not met than projects with
at least 50% affordability
City can only impose objective
standards, including for design
review

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The above table highlights primarily the City’s obligations to approve projects and potential impacts to funding for affordable housing, but it should be noted that being out of compliance also means that the State can seek judicial relief in addition to imposing substantial penalties and fines.
➢ Program 1.H Adaptive Reuse of Existing Commercial Buildings for Permanent Residential Use
Program Language:
“As an alternative to constructing new housing, the City shall encourage and incentivize the adaptive reuse of existing commercial tenant space for permanent residential use and also allow an adaptive reuse of existing ground floor commercial space for artists and live-work use. The City shall also adopt policy and zoning changes to incentivize the conversion of existing commercial tenant space to residential use, such as relaxing parking, unit mix, open space, and other typical zoning or building code requirements.”
Summary of Changes:

Section 9.31.135, Adaptive Reuse Housing Projects, would be added to the Zoning Ordinance to incentivize the adaptive reuse (AR) of existing buildings for residential uses. The Adaptive Reuse Ordinance (ARO) is based on the following guiding principles:

1. Establish incentives for conversion of existing commercial space in underutilized buildings to residential use as an alternative to new construction

2. Provide a feasible alternative for smaller scale housing projects as a counterbalance to larger density bonus projects, specifically for parcels in the residential and Neighborhood Commercial (NC) Zoning District

3. As a new program, commit to revisions to the ARO if standards are not incentivizing adaptive reuse projects

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A recent study conducted by SPUR and the Urban Land Institute (ULI) in San Francisco indicates that adaptive reuse of office for residential is most likely in older buildings (pre1980) with floor plates of between 12,000 sf to 20,000 sf.1 Based on a review of existing building data, approximately 67 buildings in the City meet these criteria. While this study indicates the potential for adaptive reuse in larger scale buildings in the Bay area, the City’s commercial building inventory and high office vacancy rate (20%) indicates that there are also untapped opportunities for smaller scale adaptive reuse projects. This is evidenced in inquiries that staff has received recently from various property owners regarding the partial conversion of existing vacant space in commercial buildings. Shaping the program to incentivize adaptive reuse of these building types would address the first principle above.

To better understand the physical parameters of potential adaptive reuse incentives, staff engaged Omgivning, a Los Angeles-based architecture firm, to conduct physical feasibility modelling of adaptive reuse for various existing commercial buildings in the City (Attachment E). The modelling generally demonstrated the following:
• Feasibility of additions on top of existing buildings depend on the building type.

For example, existing buildings that have small footprints (i.e. covers less than half the site) or shape of existing roof are less likely to support building additions due to the significant cost of construction.
• Where there is space available on the parcel, side or rear additions would increase financial feasibility of adaptive reuse projects but would ideally need to be detached to ensure greater flexibility with building code requirements (such as allowances for windows, egress/ingress, stairs, etc.).
• Retaining existing parking has implications for the scale of rear and side additions because the parking becomes the first story, which physically constrains the new addition.
• Limiting the bonus floor area in the side or rear addition to 100% of existing building size is insufficient where an existing building covers less than 50% of the 1 https://www.spur.org/sites/default/files/2023-10/SPUR_From_Workspace_to_Homebase.pdf

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parcel area and where parcels are less than 15,000 square feet. These are predominantly located in the NC. As a result, the proposal has evolved to provide new incentives specific to the NC zone where the vast majority of lots are under 15,000 sf, which addresses the second principle above. • In the Residential and NC Zoning Districts where many of the existing commercial buildings are one-story and ground-floor active commercial uses is required (per the Zoning Ordinance), flexibility is needed to allow for the new residential units to be in the new construction (rather than requiring it within the existing building envelope).

As informed by the modeling, staff proposes the following concepts to be implemented into the ARO:
• Bonus Floor Area on Top: Adaptive Reuse (AR) projects are eligible for bonus floor area to be located on top of the existing building to increase financial feasibility, but this bonus would be limited to appropriate scale of the existing building and site. As proposed, the ARO is drafted to permit all AR projects to include new construction on top of the existing building not exceeding 2 stories and 24 feet.
• Bonus Floor Area in Rear/Side with Incentives for Small Lots: Additionally, AR projects may include bonus floor area in the side or rear with the following limitations:
o Residential and NC Zoning Districts: New construction in the side/rear cannot exceed one story above the existing building.
o All other Zoning Districts: New construction in the side/rear is limited to 100% of the existing building floor area and cannot exceed one story above the existing building. The 100% floor area limitation would ensure that the spirit of adaptive reuse of the site is retained, and that new construction would not be out of scale/context with the existing building to be adaptively reused.

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• Allowance for Enclosures of Covered Outdoor Walkways and Similar Spaces at the Ground Level: AR projects may also add floor area through the enclosure of existing covered arcades, atriums, paseos, walkways, and corridors located at the ground level (subject to the 100% floor area limitations above for parcels in the commercial zones, exclusive of NC). This allowance would allow projects to convert inactive and underutilized covered outdoor spaces near existing street frontages to residential use.
• Residential Units in Adaptive Reuse Projects: To qualify for the ARO:
o Residential and NC Zoning Districts: New residential units can either be in the existing building envelope or the new construction. This allowance helps to preserve existing ground floor commercial businesses. o All other Zoning Districts: New residential units must be in the existing building envelope and within the new construction (if added).

Based on these concepts, the ARO ordinance would establish the following:

Eligibility for AR projects
• Must occur within existing building envelope and not result in demolition as defined by Zoning Ordinance
• Permitted to include “bonus floor area” that would be entitled to the incentives as previously described
• Must result in the creation of a minimum of 2 dwelling units • For AR projects in the Residential and NC Zoning Districts, new residential units can be located either in the existing building or the new construction on the same parcel
• Limited to the conversion of:
o Nonresidential land use to Multiple Dwelling Unit use (except for hotel/motel conversions – which would only be permitted for 100% affordable housing projects)
o Nonresidential land use to live-work in nonresidential districts

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o Any building in a residential district to Multiple Dwelling use (so long as it has never been used for multiple dwelling use)
o Any existing floor area to 100% affordable housing or Extremely Affordable Adaptive Reuse Project as defined in Government Code Section 65913.12
Procedures for AR Projects
• AR projects would be processed as administrative approvals • AR projects would be exempt from all impact fees, except for the Parks and Recreation impact fee
• AR projects would be exempt from Chapter 9.64 Affordable Housing Production Program
o In their study sessions, the Planning Commission and Council directed staff to provide further information regarding the feasibility of requiring compliance with the AHPP for AR projects. Based on results of the City of Los Angeles’ feasibility study on adaptive reuse projects, research in other cities with adaptive reuse ordinances, and discussions with adaptive reuse experts from the Technical Working Group, the inclusionary requirements of the AHPP would render adaptive reuse projects financially infeasible.

This is due to the significantly high cost associated with reusing an existing older building and bringing the building up to current code, particularly seismic code. Therefore, staff recommends that the AHPP requirements be waived for AR projects to maximize feasibility.

Incentives
AR projects would be eligible for certain incentives. These incentives would vary depending on the zoning district and consist of modifications from the following development standards as indicated in the proposed amendments (Attachment D).

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Residential Districts Non-Residential Districts
• Density Limits
• Floor Area Ratios (where
applicable)
• Stories and Building Height
• Parcel Coverage
• Setbacks
• Stepbacks
• Transitional Requirements
Adjacent to R1 District
• Open Space & Landscaping
• Unit Mix
• Bicycle Parking
• Vehicle Parking
• Floor Area Ratios
• Building Height
• Setback
• Stepbacks
• Daylight Plane
• Open Space & Landscaping.
• Unit Mix
• Bicycle Parking
• Vehicle Parking
Policy Question #1:

Should adaptive reuse projects consisting of partial conversion be required to retain existing parking for the land use to remain?
Section 9.28.030 of the Zoning Ordinance requires that a new housing project is only required to maintain or replace at least 50% of the existing on-site parking serving an existing use to be retained. As illustrated in the modeling, the retention of existing parking for AR projects has design and cost implications for the side/rear additions. The Planning Commission recommended that ARO projects should not be required to replace any parking.
➢ Program 1.E Revise the Design Standards in The Bergamot Area Plan (BAP) For Easier Understanding and To Support Housing Production Program Language:
“The City shall modify the design guidelines in the BAP to establish objective standards to support housing production by increasing certainty for housing providers. The revisions to design standards will address at minimum: building modulation, ground floor uses, street frontages/pedestrian orientation, open

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space, reduction in parking minimums, live/work artist and commercial living situations, etc. The standards shall be user-friendly with improved clarity to support housing production. The BAP should also consider the special housing needs of artists, such as live-work units, to promote artist residents in the Bergamot area.”
Summary of Changes
The Bergamot area consists of larger parcels compared to other districts in the City and at times with smaller street widths. The current Bergamot Area Plan sets forth a vision for a recommended network of new streets, bikeways, and pedestrian paths intended to improve overall circulation through existing blocks of large parcels (see Figure 7.01, page 207 Bergamot Area Plan, Attachment G).

The proposed objective development standards seek to advance the Bergamot Area Plan’s vision by shaping the area with a residential sensibility as multi-unit residential

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projects are realized. Based on the new allowable residential building heights and floor area ratio in the BAP, establishing updated standards that shape the larger building envelope for housing projects will be necessary, including upper-level modulation requirements. Other proposed changes include updating open space and alternate strategies to create walkable streets and adequate pedestrian circulation through largersized parcels as residential use expands within the BAP.

For ease of use and implementation, Chapter 5 of the Bergamot Area Plan (development standards and land use regulations) is being repealed in its entirety and moved into the Zoning Ordinance as new Chapter 9.12 (see 8/7/24 Planning Commission staff report for summary of how the existing BAP standards are being revised/replaced). The remainder of the Bergamot Area Plan will remain in place.

Chapter 9.12 of the Zoning Ordinance is a new chapter that includes land uses and development standards that will govern the Bergamot area. The following highlights the changes to the land use classifications and development standards in the Bergamot area.

Summary Highlights of Zoning Ordinance Chapter 9.12
Allowable Land Uses
In order to be consistent with land uses established in all zoning districts, the land use table has been revised and updated since the Bergamot Area Plan pre-dated the 2015 Zoning Ordinance Update which included a comprehensive update to land use classifications. The 2015 update resulted in inconsistent land use classifications in the Bergamot Area Plan that were, in some cases, termed differently, undefined in the zoning ordinance, or were missing from the BAP. Revisions include aligning land use review with the 2015 update, transferring land uses from BAP overlay zones that are being removed, simplifying the review process of land uses consistent with recent changes made for economic recovery, and clerical changes. The revised land use table brings the Bergamot Area Plan land use table into alignment with the Zoning Ordinance reducing confusion in implementation.

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Development Standards
The proposed revised development standards for the BAP are based upon the objective design standards that the City Council reviewed in December 2023 as part of the SCAG Objective Design Standards grant. These draft objective standards have become the baseline set of standards in this second phase of standards reviewed by the technical working group and Architectural Review Board and have essentially remained unchanged. As reviewed by Council in 2023, these standards included the following:
• Build-to Line
• Ground floor active use and pedestrian-oriented design • Modulation and Stepback Standards (street, side, daylight plane, roofline) • Ground Level Pathways
The proposed BAP standards are modelled after the Downtown Community Plan (DCP), which provide clarity and objectivity in the requirements while also providing flexibility in building design. The standards are also intended to address the overall BAP vision of a new walkable, transit-oriented neighborhood. With the introduction of substantially more housing units than the BAP originally contemplated, there is a need to create standards that support the daily needs of future residents including services and social gathering spaces.

Accordingly, staff has developed open space and taller building standards that seek to incentivize and create meaningful ground level open space. Building frontage requirements at the sidewalk are also included to create walkable neighborhoods, centralized active ground floor commercial uses and services for residents along central streets such as Nebraska and Pennsylvania. Also proposed are standards that address residential housing projects designed with residential towers above a podium.

Active Ground Floor Use and Design
Phase 1 implementation of the Housing Element (zoning amendments) resulted in allowing residential uses within the entire ground floor of projects and no longer requiring ground floor commercial in mixed-use residential. While this flexibility is

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provided in the BAP, staff believes the addition of commercial uses and services to the area would be vital in ensuring that the area develops into more of a complete neighborhood with walkable streets.

The BAP identified a Retail Priority Corridor and a Pedestrian Priority Corridor that established requirements for certain streets considered to be the “spine” of Bergamot, such as Nebraska and Pennsylvania. Because the BAP currently lacks commercial uses and services that would support future residents in the area, staff has identified a central area around Nebraska and Pennsylvania Avenues that would serve as a potential corridor of ground floor active commercial uses. This is consistent with the BAP vision that identifies this area where commercial should be provided. The proposal identifies these limited areas to require commercial uses to support the anticipated increase of residents in the area. All other areas in the BAP will remain flexible and not include a ground floor commercial requirement with an active use area. The standard is as follows:
• Active use areas are required to have a minimum average depth of 35 feet, but no less than 20 feet, for a minimum of 60% of the ground-floor frontage.

Building Frontage Line
Similar to the existing building frontage line standard in the DCP, staff proposes to apply this standard in the BAP. Essentially, this standard is a building setback that is measured from the curb to the building facade. Different from traditional front setbacks that are measured from the front parcel line, this standard is based on existing sidewalk widths/conditions that result in a corresponding amount of setback from the street. The result are setbacks that are determined based on existing sidewalk/public right of way size conditions to ensure there is adequate open space at the front of the property so that buildings and open space at the sidewalk is scaled appropriately to accommodate pedestrians, outdoor dining, or other outdoor amenities.

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Figure 1: Building Frontage Line
Staff surveyed existing sidewalk widths and conditions in the Bergamot area.

Particularly along Berkeley and Stanford Streets within the centralized area, existing sidewalks are quite narrow and, in some cases, less than 5 feet in width. Existing sidewalk widths are generally inconsistent with some areas that have no sidewalk. The BAP attempted to address this with some building setbacks from the property line.

Setbacks are proposed for different streets throughout BAP that would support the overall vision of a walkable neighborhood while allowing for the possibility of ground floor outdoor space on private property that could support ground floor commercial uses. Coupled with the active commercial use focused around Nebraska and Pennsylvania Avenues, this standard seeks to create a physical environment on the ground floor where active commercial uses can thrive. The proposed setbacks are consistent with the original BAP vision and further simplified for ease of use. Below is a diagram map of the BAP that establishes the building frontage line for each street in the area that will be included as part of the development standards.

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Figure 2: Building Frontage Line Map

1. Nebraska Avenue between Stewart Street and Berkeley Street: 20’

2. Pennsylvania Avenue between 26th Street and Stewart Street: 20’

3. Stewart Street between Colorado Avenue and Nebraska Avenue: 20’

4. Colorado Avenue between Stewart Street and Stanford Street: 15’

5. Olympic Boulevard between 26th Street and Centinela Avenue: 15’

6. Stanford Street between Colorado Avenue and Nebraska Avenue: 10’

7. Berkeley Street between Pennsylvania Avenue and Nebraska Avenue: 10’

8. All other streets: 10’
Council Focus for Discussion
New Concepts for Maximizing Open Space in the BAP
Based on a review of approved, constructed, and pending housing projects, staff found that developers are providing more on-site open space than the minimum required by

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Code. Staff also engaged designers from AECOM to conduct test-fit modelling for onsite open space to determine how best to increase on-site open space in a feasible manner. AECOM also reviewed open space requirements of other cities in the region to compare and evaluate the amount of open space required for their housing projects for a right-size approach. This evaluation was performed in response to Council’s interest to increase open space requirements in recognition of the substantially larger parcel sizes in Bergamot.

The revised open space approach for Bergamot combines the two methods in which open space is required in the zoning code: 1) an open space requirement per dwelling unit that applies in non-residential zoning districts and 2) an open space requirement based on a parcel size, which is required in the Downtown Community Plan. Since housing projects in the BAP will generally be larger due to existing parcel size, implementing both requirements ensures that the amount of open space is achieved commensurate with the size of the parcel and with the number of residents living in the project.

Based on Council direction, staff developed this new hybrid approach to open space regulations that are guided by the following concepts:
• Maximize open space opportunities for new housing projects, with an emphasis on providing open space at the ground floor and adjacent to the public right-of-way;
• Enhance the ground floor and pedestrian experience in anticipation of larger developments and a growing residential community;
• Implement the original vision of the Bergamot Area Plan to create an improved street and pedestrian network by encouraging the development of pathways and open space.

The proposed standards include a per-unit requirement of 150 square feet in which 30% is provided as private (patios, balconies, etc.) and 70% provided as common open space (can be provided anywhere in the project). Additionally, a minimum of 12% of the

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total site area is required to be provided as common open space located on the groundlevel. The proposed amount of open space is considerably higher compared to open space standards citywide relative to both the size of the development and parcel sizes within the BAP. AECOM’s modeling of existing parcels in the BAP indicates the proposed open space standards are feasible. Furthermore, this aligns with Council’s direction on ensuring there is adequate open space for future BAP residents. The table below includes the proposed amount of open space for projects that would apply to all zoning districts in the BAP.

Open Space Standards for Residential Uses
Minimum Amount of Common Open Space at Ground Level
(% of Site Area) 12%
Minimum amount of the 12% ground level open space that
must be provided adjacent to the sidewalk 20%
Minimum Outdoor Living Area (sq. ft./unit)—Sites with 3 or More Units (includes private and common) 150 sf/unit
Minimum Amount Provided as Private Outdoor Living Area
(% of 150 sq. ft./unit total above)
30%
Minimum Amount Provided as Common Outdoor Living
Area (% of 150 sq. ft./unit total above)
70%
Ground Level Open Space (12% of Site Area)
To ensure that the 12% ground-level open space is designed in a manner that promotes a walkable neighborhood, 20% of this ground level open space is required to be provided adjacent to the sidewalk. Ground-level open space must be open to the sky with a 20% maximum that can be covered (shade structures and awnings would not count as covered area). Additionally, a minimum dimension for this open space abutting the sidewalk would be required for larger parcels whereas smaller parcels with less design flexibility would be incentivized to place adequate open space at the sidewalk.

Ground Level Pedestrian Pathways
Pedestrian pathway connections through housing projects would help improve pedestrian mobility throughout the area consistent with BAP goals to create a walkable neighborhood for future residents. The intent is for projects to design ground level

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pedestrian passageways through larger sites that extend through the length and or width of a parcel to connect adjacent sidewalks, common spaces, and adjacent parcels where feasible. This requirement would apply to parcels greater than one acre in size and include special standards for the pathways, including a minimum average dimension of 20 feet in width with a minimum of 80% open to the sky. Landscape and pedestrian amenities would include but not limited to minimum landscape and hardscape percentages, seating, and lighting requirements. Applicability of these pathways would be as follows:
• Site One Acre or Greater
o Minimum one ground level pedestrian pathway is required and must comply with required design features.
• Special Administrative Process Incentive for Large Sites (over one acre, new concept further described below)
o As a baseline requirement, in addition to the commitments associated with the special process incentive program, minimum 1 ground level pedestrian pathway is required and must comply with required design features.

New Concept for Consideration (Not Required for Housing Element Compliance):

Special Administrative Processing Incentive for Housing Projects on Large Sites (over one acre) that Support BAP Vision for Open Space and Connections Staff proposes for Council’s consideration an optional open space incentive program that would be available for housing projects proposed on large sites over one acre but not more than three acres.

Currently, housing projects proposed on parcels less than an acre are reviewed administratively (Administrative Approval), while projects on parcels greater than an acre are subject to discretionary review (Development Review Permit). The upper limit of three acres is based on staff’s review of parcel sizes (Figure 3), modelling potential parcel consolidation in the Bergamot area that would support the BAP vision of

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connected open spaces, and consideration of current policy related to size thresholds for administrative review for housing projects.

Figure 3: Large Parcel Incentive Program: Parcel Sizes
This voluntary incentive program seeks to further implement BAP circulation goals and policies that are no longer achievable due to the elimination of Development Agreements for housing projects. Such circulation goals include new streets and pedestrian pathway connections to improve pedestrian mobility through the area that is anticipated to develop considerably with new housing consistent with the updated Housing Element. The program would allow housing projects on parcels greater than an acre, but no more than three acres, to be subject to the Administrative Approval process, provided the project provides significant project features that support important housing and circulation goals and policies. The voluntary incentive program would also

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incentivize certain development standards that are commonly waived through the density bonus process.

Housing projects on sites over one acre but no larger than three acres would qualify for Administrative Approval (no public formal hearing), if the project supports the BAP vision by including all of the following:
• Unit Mix Requirement:
o Maximum 15% Studios
o Minimum 15% 2BR units
o Minimum 10% 3BR units
• Minimum Ground Level Open Space Requirement – 14% of Site Area o At least 30% of ground level open space must be adjacent to the street. o One portion of the ground level open space adjacent to the street shall have a minimum size of 600 sf and minimum dimension of 20’ x 10’. o Any fence, wall or hedge around the required ground floor open space shall not exceed 42 inches unless the ground floor open space is adjacent to an internal parcel line.
o Must be open to the public during certain hours and not exclusive to project residents.
• Ground Level Pedestrian Pathway or New Street
o Pedestrian pathways would be subject to the design standards discussed above (size/dimension, landscape/amenities, etc.).
o Each shall be dedicated for public use (e.g. surface easement) that are consistent with street network map (Figure 7.01) in the Bergamot Area Plan, if one is identified on the site.
o Vehicular lanes or parking shall not count towards the project’s open space requirement.

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Because this would be a voluntary incentive program, such qualifying requirements could not be modified or eliminated via State Density Bonus waivers or concessions.

This is an important factor considering that the City is limited in its ability in requiring these project features that are important in furthering City housing goals and circulation policies in the BAP. Council should consider the potential benefits of achieving these project features in housing projects that are vital for the BAP’s future development; this would guarantee that a housing project under the program provide the City’s desired residential unit mix including larger unit sizes, significant and meaningful open space adjacent to the public realm that helps to establish a walkable neighborhood, and pedestrian passageways that would be available for public use to improve the overall pedestrian circulation and connection through larger parcels and blocks within the area.

Planning Commission Recommendations on Proposed BAP Standards The Planning Commission recommends that the Council approve the proposed standards but also recommended changes to the proposed special process incentive program for housing projects on sites over one acre. Summarized below are the standards presented to the Planning Commission along with any changes or additional recommendations made by the Commission for Council to consider.

Concept Presented to Planning
Commission
Recommendation of Planning
Commission
Maximize Open Space
Particularly at the
Ground Floor
Open Space Requirements:
12% of parcel area required as
ground floor open space, with
20% of that total required
adjacent to the right-of-way.

Additionally, projects are required
to provide 150 SF/unit for
common and private residential
outdoor space.

Pedestrian Pathway Requirement:

Parcels over 1 acre provide a
pedestrian pathway connecting
open space, right-of-way, or
adjacent parcel. Includes design
standards like open to the sky,
landscaping, seating, and
No changes to staff
recommendation.

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Concept Presented to Planning
Commission
Recommendation of Planning
Commission
lighting.

Enhance Ground Floor
and Pedestrian
Experience
Building Frontage Line:

Setback between the curb and
building face is required, ranging
from 10’ to 20’ based on street
frontage. Frontage is based on
existing conditions and required
ground floor commercial on
Pennsylvania and Nebraska Ave.

Private Outdoor Living Area Adjacent
to a Street:

Fencing around private outdoor
living area may not exceed 5’ and
must be 50% transparent over
42’’. This is consistent with DCP
requirements.

Reduce the maximum fence,
wall, hedge height for all
ground-level private outdoor
living area associated with
residential use to 4.5’, a height
that allows for visual sight lines.

Implement Original
BAP Vision for
Improved Pathways
and Public Open
Space
New Process Incentive:

Implement the BAP outdoor
space and pathway vision
through incentives, rather than
agreements as originally
envisioned in the BAP. Create a
requirement for:

1. Public pathways;

2. Unit mix; and

3. Additional ground floor open
space required for all
participants (from 12% to
14%).

If provided, the applicant would
receive an administrative process
incentive for large sites between
one and three acres. Since this
program would be optional, the
requirements cannot be waived
via State Density Bonus law.

Capture the greatest
opportunities for public
pathways by expanding the
program to include any parcel
greater than one acre in the
BAP (i.e. no three acre cap). In
addition to Staff’s
recommendation, PC’s
recommendation would create a
requirement for:

1. Additional ground floor open
space only required for
parcels greater than 2.25
acres;

2. Increase the allowable
covered open space to
25%.

If Council prefers a parcel size
cap PC recommends no lower
than four acres.

Staff’s Response to PC Recommendations
Below are staff’s comments in response to the Commission’s recommendations:

1. Maximum fence, wall, hedge height for private living area on the ground-level shall be 4’-6”. The recommendation would be to reduce the maximum proposed

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fence, wall and hedge height by 6 inches however would allow the entire fence, wall, or hedge to be non-transparent.

Staff continues to recommend maximum height of 5 feet with portions above 3’-6” at 50% visually transparent balances privacy and security needs for ground level private open space associated with residential units while still maintaining visibility and connection to the street. The 50% transparency allows for greater design flexibility and results in a use of materials that provides visual interest in its design.

2. New Special Administrative Processing Incentive for Housing Projects on Large Sites (over one acre and no greater than three acres):
a. Expand program to apply to any parcel greater than one acre in size (with no maximum size threshold) in the BAP. If a maximum threshold is considered, it should be no less than four acres in size.

As discussed, the upper limit of three acres is based on staff’s review of parcel sizes, modelling potential parcel consolidation in the Bergamot area that would support the BAP vision of connected open spaces, and consideration of current thresholds for administrative review for housing projects. Figure 3 above shows existing parcel sizes within the BAP area.

In its discussion of the Commission’s recommendation, the Council may weigh the potential opportunity of securing greater open space, larger residential units, and improved circulation/mobility through larger parcels in all housing projects on parcels greater than an acre and whether expanding streamlined review for projects on larger sites within the BAP area would be appropriate in further achieving the relative BAP goals and policies.
b. The required ground-level open space of 14% of parcel area should only apply to parcels greater than 2.25 acres (parcels between 1 acre and 2.25 acres would be limited to 12%). The intent is to ensure that project sites

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between one acre and 2.25 acres are incentivized to participate in the program and that small sites within the range are not unduly impacted by the higher 14% ground-level open space amount.

Staff continues to recommend that all projects under the program on parcels greater than one acre provide 14% of parcel area as ground-level open space. This is based on open space modelling conducted by AECOM showing that 14% is feasible for housing projects on sites of one acre and greater. Accordingly, staff does not believe the higher 14% (opposed to 12%) would become a barrier for project sites between 1 –

2.25 acres.

c. Allow an option to increase the allowable covered open space requirement from 20% to 25% (+5%) provided the ground floor area below the covered space has a minimum 20 feet of height clearance.

This is an additional design option intended to allow greater design flexibility in allowing for a greater amount of covered space up to 25%, provided the height of the open space beneath is at least 20 feet in height.

In the case of a cantilevered portion of the upper floors covering the pathway, this would ensure that the space has a desirable height clearance for pedestrians.

Considering many of the housing projects on larger sites would likely be based according to the tower/podium design, staff does not anticipate that housing projects in the BAP would be designed with cantilevered upper floors as commonly designed within the DCP due to parcel size limitations.

As such, staff does not believe the proposed option would be as effective in the BAP as it may be in other districts comprised of smaller parcels and less flexibility in building footprint locations and how ground level open space is designed/achieved.

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Policy Question #2:
• Assuming that Council is interested in offering a special incentive program for housing projects on sites over 1 acre in the Bergamot area, should there be a cap on parcel size to qualify for this voluntary special process incentive program?
Planning Commission Recommendation Staff Recommendation • No limit to parcel size but would suggest four
acre cap if there is Council preference for a
cap
• three acre cap
Policy Question #3:
• Should there be other commitments to be considered in this voluntary special process incentive program?
New Standards for Density Bonus Buildings Over 90 Feet in Height (Towers) Several preliminary SB330 applications have been received for taller housing projects that range between 18-34 stories in the Bergamot area. These taller projects are proposing to utilize State density bonus law. These building designs include a podium base building with a narrower tower that projects above the podium level. Because those applications are vested to the standards in place at the time of filing of the preliminary application, none of the new standards being developed will apply to the preliminary applications.

It should also be noted that any objective design standard that is created could be modified or waived through provisions in State density bonus law. As a result, the consultation process has necessarily included the development community as a means of testing concepts with the aim of finding alignment between the City’s design values and the feasibility of housing projects.

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At their June 11, 2024, study session on Housing Element Phase 2 implementation, City Council directed that taller building standards shall be based on the following principles:
• Minimum height at which taller building standards apply • Maximum tower footprint
• Minimum tower spacing
• Maximum podium footprint
• Maximum podium height
• Sunlight, shadow, and shade
Since that time, staff completed consultation with the technical working group and study sessions with the Architectural Review Board. In order to determine the threshold at which taller building standards should apply, staff reviewed all approved and pending housing projects from the past year to understand the variation in building height that is being proposed in density bonus projects. As a result, a threshold of 90 feet is proposed that would allow the vast majority of projects to proceed under typical standards while buildings over 90 feet would be subject to taller building standards.

Staff recommends the following as key standards for taller buildings:
• Maximum Allowable Podium Height: 35 feet
• Maximum Podium Footprint: 35,000 square feet (housing projects) • Maximum Tower Footprint: 12,000 square feet
• Minimum Tower Spacing: Minimum spacing between closest points of all tower facades: 80 feet
• Minimum Offset Tower Spacing: Minimum spacing between closest points of all towers that are diagonally opposite: 40 feet
These key standards would be additional standards applicable to projects with buildings exceeding 90 feet in height. The baseline development standards including but not limited to building frontage line, pedestrian-oriented design, and open space would also apply. Other standards related to building modulation such as roofline variation would not apply to a podium with tower building type.

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The Planning Commission was supportive of these standards and had no comments or further recommendations.

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

As previously stated in the May 8, 2024, staff report, Program 1.B has already been mostly implemented as part of Phase I implementation for the Housing Element.

Furthermore, on June 30, 2023, HCD determined that Santa Monica (based on its Annual Progress Report) fell behind on addressing lower-income housing needs for the 5th Cycle Housing Element and as such, the City was subject to SB 35 for housing projects that include more than 50% of their units as affordable units. Therefore, on December 19, 2023, the City Council adopted an Emergency Interim Zoning Ordinance which was extended on February 13, 2024 that established objective design standards for housing projects that qualify for the streamlined, ministerial approval process as

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required by SB 35. Most recently, however as of June 3, 2024, HCD determined that Santa Monica is no longer subject to SB 35 (now SB 423) streamlining requirements based on the last Annual Progress Report submitted to HCD.

Nonetheless, should the City be subject to SB 35 in the future, text amendments are proposed to Section 9.31.195 Multiple Unit Dwelling Projects to indicate that qualifying projects that elect to use SB 35 must comply with the objective design standards established by resolution of the City Council.

To complete implementation of Program 1.B, text amendments are proposed to Chapter

9.55, Architectural Review, of the Zoning Ordinance to:
• Ensure that the Architectural Review Board (ARB) cannot reduce density or have the effect of denying a housing project.
• Establish that the ARB shall take action on the project within no more than three noticed public hearings
Based on a review of data for processing the design review application for recent housing projects submitted since June 2023, design review applications are being efficiently processed in an average of approximately 60 days from application submittal to approval. The vast majority of applications are approved in one public hearing.

However, the proposal to allow up to three public hearings, unless limited by State law, is intended to allow sufficient opportunity for an applicant to be responsive to comments raised by the ARB.
➢ Program 1.I Ensure That Local Regulations Support Innovations in Construction Technology to the Extent Technically Feasible Program Language:
“The City shall support innovative lower-cost, efficient and environmentally sustainable construction techniques for housing. Program shall implement a streamlined building permit review process for housing projects utilizing

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innovative construction methods and technology, and project-based outcome oriented permitting benchmarks.”
Summary of Changes:

Under the Health and Safety Code Section 19981, the City is prohibited from 1) requiring the review of any Factory Built Housing (FBH) plans or charge plan check fees when plans have already been approved by HCD or an HCD-approved third-party Design Approval Agency or 2) requiring the alteration of the FBH in order to meet the local code requirements other than local use zone requirements, local snow load requirements, local wind pressure requirements, local fire zones, building setback, side and rear yard requirements, site development and property line requirements, as well as the review and regulation of architectural and aesthetic requirements.

Section 9.31.180, Manufactured Housing, of the Zoning Ordinance currently establishes design and development standards for manufactured housing. This section would be deleted from the Zoning Ordinance to ensure that the City is compliant with State regulations for manufactured housing.
➢ Program 2.B Right of First Offer Ordinance for Nonprofit Affordable Housing Providers
Program Language:
“Promote the use of SB1079 (2020) which created a new foreclosure sale process for 2-4 unit buildings that allows qualified parties a means to purchase property in foreclosure, subject to certain requirements. Building off this state law, the City shall consider adopting a Right of First Offer Ordinance that would provide nonprofit affordable housing providers the right of first offer for a specified time period to acquire private properties outside of foreclosure as they become available for purchase. As part of this effort, the City shall prioritize the scope of properties that would most effectively achieve the goal of making nonprofit housing providers more competitive in the land buying market for the purpose of preserving or producing affordable housing. Given the lack of an

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identified funding source to assist nonprofit affordable housing providers in purchase of multi-unit residential buildings through this program, explore funding sources, including grants and loans, that would contribute to the acquisition/rehabilitation quantified objective of 40 units. Require purchasers to preserve units as permanently affordable.”
Summary of Changes:

Program 2.B directs the City to consider the opportunity for a right of first offer ordinance, which would allow non-profit affordable housing providers the first offer to purchase properties, granting them an advantage over market rate developers. This program was derived from State Bill 1079, which created a new sale process for foreclosed properties of 2 to 4 units. The bill, effective January 1, 2021, requires foreclosed homes to be sold individually to single buyers, rather than by private corporations in bulk. The state law sets a new process where, once an initial bid is made on a multi-family property, the foreclosed property must then be offered to tenants, local governments, and affordable housing developers to expand home ownership opportunities.

The City has the opportunity to build off of this law to provide non-profit housing providers the right of first offer on all properties, including those outside of foreclosure, granting them a competitive edge in the market. Cities have adopted variations of right of first offer ordinances, such as San Francisco, San Diego, and Berkeley.

Right of first offer provides the City an opportunity to preserve the existing housing stock and can be tailored to prioritize the preservation of certain types of units, like San Diego’s proposed ordinance that applies to properties with at-risk deed restricted units set to expire.

Typically, as seen in ordinances proposed by cities like Berkeley or San Diego, right of first offer ordinances require residential landlords to notify a list of predetermined purchasers of the sale before putting a property on the market. In San Diego the list is composed of pre-qualified affordable housing providers. In addition to affordable housing providers, the City of Berkeley also offers existing tenants the right of first refusal.

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While these programs may be effective in preserving existing, at-risk affordable housing stock, there is a cost associated with the development and maintenance of such a program. For an ordinance to be effective, affordable providers would benefit from significant financial assistance to compete against market rate providers, and several full-time staff would also be needed to track for-sale properties and ensure the property sales are being noticed in compliance with the program.

More information on existing ordinances in other cities, along with the cost of these programs, are included in an informational memo provided in Attachment F. ➢ Program 2.C Update the City’s Affordable Housing Production Program (AHPP) to Increase the Number of Affordable Housing Units at all Income Levels
Program Language:
“In order to increase the number of affordable housing units at all income levels such that 15% of all new multi-unit residential housing units are affordable to low and moderate income households and aim to achieve the Quantified Objective for lower income households as shown in Figure 5-1, Chapter 5, the AHPP onsite and off-site option for housing projects located outside of the Downtown shall be revised to maximize the contributions of the AHPP to achieving the RHNA affordable housing allocation and advancing the City’s affordable housing goals.

Areas to be considered may include, but not be limited to:
• Increase the threshold (to at least 6 units) at which projects are required to provide on-site or off-site affordable units;
• Eliminate the current “menu” option of affordability requirements and instead establish a new base affordability percentage;
• Re-evaluate the in-lieu fee option for applicants to pay a fee instead of constructing affordable units to ensure that the fee supports the funding and construction of new affordable housing throughout the City;

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• Evaluate the possibility of a mixed-compliance option that would provide applicants more flexibility in meeting AHPP requirements; • Increase the minimum percentage of required off-site affordable units to be higher than the on-site option;
• Allow projects to locate off-site affordable housing anywhere in the City that is not a disadvantaged area as defined by SB535, which includes socioeconomic and environmental metrics; and
• Allow market-rate projects to comply with AHPP off-site option through acquisition and rehabilitation of existing rental units and converting those to deed-restricted units.”
Summary of Changes:

At the City Council hearing on April 23, 2024, the Council adopted updates to the City’s density bonus ordinance (Chapter 9.22 of the Zoning Ordinance) to implement AB 1287.

The Planning Commission provided a letter to Council requesting Council direct that the City Manager study the creation of a local density bonus program for off-site affordable housing units. After discussion of the Planning Commission’s request, the Council did not move forward with the Planning Commission’s request to study a local density bonus program if a project provides off-site affordable units.

Although Program 2.C is considered complete, minor clean-up corrections and amendments are proposed to Chapter 9.64, Affordable Housing Production Program, of the Zoning Ordinance to:
• Make clear that consistent with State Density Bonus law, projects of five or more units may elect to provide affordable housing units on-site to qualify for State Density Bonus rather than pay the in-lieu fee.
• Clarify that the residential replacement unit requirements of State law override the City’s affordability level requirements of the AHPP. • Revise language regarding dispersal requirements of affordable units to align with Health and Safety Code.

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• Include language regarding timing for payment of in-lieu affordable housing fees for vested projects.
➢ Program 2.I Zoning for A Variety of Housing Types Including Special Needs Housing and Housing Access for Persons with Disabilities Program Language:
“The City shall review and update the Zoning Ordinance and BAP, as applicable, to ensure consistency with State law regarding special needs housing types and residential land use classifications. Review and expected revisions will include, but are not limited to, updating parking requirements for Emergency Shelters pursuant to AB 139, the city’s definition of “household”, and land use requirements for Residential Care Facilities for seven or more persons to promote objectivity and approval certainty.”
Summary of Changes:

Program 2.I requires the review and necessary updating of all residential land use classifications for compliance with State law and the removal of any barriers that conflict with access to fair housing. To demonstrate compliance with this program, staff proposes text amendments to the Zoning Ordinance that includes the following:
• Revisions to residential use classification for compliance with applicable State laws. This includes, but is not limited to, updated use classification definitions (SMMC Section 9.51.020), classification specific requirements (SMMC Chapter

9.31), and land use regulation tables (SMMC Zoning Ordinance Division 2) as to how and where residential land uses are permitted.
• Reorganization of land use classifications (SMMC Section 9.51.020) and regulation tables (SMMC Zoning Ordinance Division 2) to better differentiate between Residential Dwelling Types (e.g.: Single-Unit Dwelling, Multiple-Unit Dwelling) and Housing Types for Specific Needs (e.g.: Group Residential, Residential Care Facilities, Supportive Housing, Transitional Housing).

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• Revisions to SMMC Chapter 9.52 definitions of “household” and “disability” to eliminate barriers to fair housing by removing the requirement of a single mortgage, lease, or rental agreement for all members and to align with State law, respectively.
• Updating SMMC Chapter 9.49, Reasonable Accommodations, to remove barriers to fair housing.

Staff has coordinated the proposed text amendments in consultation with the City Attorney’s Office regarding fair housing compliance and the Housing and Human Services Department.
➢ Program 3.A Restrict the Removal of Existing Rental Units for Site Redevelopment And Require That Protected Units Are Replaced Program Language:
“The City shall amend the Municipal Code to adopt local requirements that make permanent and potentially expand upon the anti-displacement requirements of SB 330 to ensure that 100% of all protected units proposed to be demolished in order to construct a new housing development project are replaced. As required by Government Code Section 65583.2(g)(3), the City shall amend the Zoning Ordinance to require that sites that currently have residential use, or within the past five years have had residential uses that have been vacated or demolished, that (1) are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income (approximately 1,150 deed-restricted affordable units within market-rate housing projects on private property), or (2) subject to any other form of rent or price control through a public entity’s valid exercise of its police power (approximately 27,484 units), or (3) within the past five years were occupied by low or very low income households, shall be required to replace all of those units as affordable to the same or lower income level as a condition of any

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development on the site. Replacement requirements shall be consistent with those set forth Government Code Section 65915(c)(3).”
Summary of Changes:

AB 1218 was passed in 2023 by the State legislature to expand the replacement unit requirements of Government Code Section 66300(d) to also apply to commercial projects. Under State law, the City is prohibited from approving any development project that will demolish occupied or vacant “protected units”. Protected units that are demolished on or after January 1, 2020, must be replaced prior to or concurrent with the project. Protected units include:

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

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

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

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

Staff proposes to add new Chapter 9.34, Residential Unit Replacement Requirements, to the Zoning Ordinance, which would require that:
• All projects comply with all applicable residential unit replacement requirements, including, but not limited to, Government Code Section 66300 et seq. • Pursuant to Council direction provided on June 11, 2023, where existing units to be demolished are rent-controlled and the last household in occupancy earned moderate or above moderate income, the replacement units in these instances shall be rent controlled.

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• Projects that do not result in new construction and would not involve the reduction of protected units would not be subject to this Chapter. • In the event of a conflict between the onsite affordable requirements the City’s AHPP and State law replacement units requirements, the replacement unit replacements will control.
➢ Program 5.B Low Barrier Navigation Centers as By-Right Use Program Language:
“The City shall amend the Zoning Ordinance to allow Low Barrier Navigation Centers as a by-right permitted use in all non-residential zones permitting multiunit uses.” Summary of Changes:

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

To demonstrate compliance with Program 5.B, in conjunction with Program 2.I, staff proposes text amendments to the Zoning Ordinance to establish a new Low Barrier Navigation Center land use classification in compliance with State law. This includes, but is not limited to, creating a new land use classification definition (SMMC Section

9.51.020), creating land use specific requirements (SMMC Section 9.31.175), and incorporating the new land use throughout the city’s land use regulation tables (SMMC Zoning Ordinance Division 2). City Planning staff worked interdepartmentally with Human Services staff to ensure compliance and facilitation.

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Changes for Consistency with State Law
SB 684 (Ministerial Streamlining for Ownership Housing of 10 units or Less) Senate Bill 684 was passed in 2023 and went into effect July 1, 2024. Under this new State law, ownership housing projects of 10 units or less are streamlined with no public hearing for the subdivision map. Additionally, these ownership projects are afforded:
• Minimum side and rear setbacks of 4 feet or retain existing setbacks if project is reconstructed within the same footprint
• 60 days to approve tentative tract map from completed application Changes have been made to Table 9.08.030 (Multi-Unit Residential Districts) and Table

9.09.030 (Ocean Park District) of the Zoning Ordinance to reflect the above setback requirements.

SB 684 also allows a jurisdiction to prohibit Accessory Dwelling Units (ADUs)/Junior Accessory Dwelling Units (JADUs) and SB9 urban lot splits when a project utilizes these provisions of State law. As no direction has been received from City Council regarding expanding the provisions on SB684, the proposed text amendments to the Zoning Ordinance prohibit ADUs/JADUs and SB9 urban lot splits when a project utilizes the streamlined process in SB 684.

Currently, the Zoning Ordinance establishes minimum side and rear setbacks in the Multi-Unit Residential Districts of 8 feet and 15 feet, respectively. With SB 684, the City cannot impose side and rear setbacks of more than 4 feet for ownership housing projects of 10 units or less. This results in inconsistent application of setback requirements depending on ownership versus rental housing projects.

Policy Question #4:

Should rental housing projects in the multi-unit dwelling districts have the same minimum setbacks as ownership housing projects?

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Staff recommended, and the Planning Commission agreed, that the minimum setback requirement of 4 feet be applied regardless of the type of housing project (i.e., ownership vs. rental). Staff believes that application of a uniform setback of 4 feet is appropriate given that the City has not had any rental housing projects in the Multi-Unit Residential Districts in the last 10 years.

AB 1033 (Accessory Dwelling Unit Ownership)
On October 24, 2023, the City Council gave direction to staff to support AB 1033 and, upon the governor’s signature, draft a local ordinance to allow the separate sale or conveyance of the primary dwelling unit and ADU or ADUs as condominiums. AB 1033 was signed by the Governor on October 11, 2023, and became effective on January 1, 2024. In response to this direction, staff proposes amending the Zoning Ordinance to create a new Section 9.31.026, Accessory Dwelling Unit Condominiums, to incorporate provisions for ADU ownership pursuant to AB 1033. This new section includes, but is not limited to, the authorization for separate sale or conveyance of ADUs through creation of condominiums and establishment of a ministerial subdivision process for projects that result in four or fewer airspace parcels. This ordinance does not authorize the establishment of more ADUs than are otherwise permitted under the Zoning Ordinance.

AB 602 (Development Impact Fee Payment Timing)
Assembly Bill 602 was passed in 2021 and came into effect on January 1, 2022.

Amongst other requirements regarding the establishment and implementation of Development Impact Fees, AB 602 only permits a jurisdiction to collect applicable fees for a project upon the issuance of a certificate of occupancy or final inspection, whichever occurs last. As some of Santa Monica’s impact fees currently require payment prior to issuance of building permit, revisions have been made to Sections

9.30.140 (Cultural Arts Development Contribution), 9.65.040 (Child Care Linkage Fee),

9.66.040 (Transportation Impact Fee), 9.67.040 (Parks and Recreation Development Impact Fee), and 9.68.040 (Affordable Husing Commercial Linkage Fee) to align payment collection timelines with AB 602.

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Government Code Section 65583.2 – Ministerial Approval for Lower Income Shortfall Sites
Government Code Section 65583.2(h) and (i) requires that where the Housing Element identifies a shortfall of sites to accommodate the RHNA for lower income households, sites shall be rezoned to permit multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period. As established in the City’s Housing Element Program 1.K, Cityowned Sites were identified to “make up” for the lower-income shortfall. Therefore, as required implementation of Housing Element Program 1.K and pursuant to Government Code Section 65583.2(h) and (i), Section 9.39.020 of the Zoning Ordinance has been revised to allow for administrative approval of:
• Housing projects proposed on a City-owned site, as identified in the 6th Cycle Housing Element, where at least 20% of the project’s units are made affordable and available to lower-income households.
• Any project with at least 50% residential proposed on City-owned sites, where 20% of the project’s units are made affordable to lower-income households. that are sold or leased and used to satisfy the City’s shortfall of lower income units as identified in the 6th Cycle Housing Element.

Other Revisions as Necessary for Cleanup and Clarity
Since adoption of the Housing Element Phase 1 amendments, staff has also identified various sections in the Zoning Ordinance, DCP, and LUCE requiring minor revisions for cleanup and clarification purposes. These revisions are provided in the table below:

Topic Where Revision is Made Description of Revision
Administrative
Approval –
Applicability
Section 9.39.020(A) Correct incorrect reference to
Moderate Income Housing
Overlay project
SB 9 Duplexes and
Lot Splits on Parcels
zoned for Single Unit
Residential – Lot
Splits
Section 9.31.125 Consistent with SB 9, add
clarification language that is
declarative of existing State law
to indicate:
• Easements may be required
for the provision of public

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Topic Where Revision is Made Description of Revision
services and facilities for lot
splits.
• An affidavit shall be required
to indicate an owner’s intent
to live in one of the housing
units as their principal
residence for 3 years.
• Clarify that if owner is not a
natural person(s), the affidavit
shall be signed by a natural
person with a controlling
interest in the entity that owns
the parcel.

Mezzanines Section 9.08.030(e)(4) Remove phrase “appearance” as this language is not objective
Aggregate Setback Table 9.07.030 Add “or” to clarify how the aggregate setback requirement
is applied in the Single Unit
Residential District
Total vs Private Open
Space Requirement
Tables 9.08.030,

9.09.030, 9.11.030.A,

9.11.030.B, 9.13.030.A,
and 9.13.030.B, 9.14.030,
Clarify that required private open
space is part of the total amount
of open space required
Multiple-Unit Dwelling
Projects Located on
Residentially Zoned
Surface Parking Lots
Section 9.31.197 Clarify exemption for setback for
the commercial parcel
Active Commercial
Design Standards in
the Mixed Use and
Commercial Districts
Section 9.11.030(A)(3) Clarify that the term “Commercial Boulevards” are defined to
indicate that such streets are
identified in Chapter 9.52, Terms
and Definitions
Accessory Buildings
and Structures
Section 9.21.010(c)(4) Delete paragraph prohibiting full baths for consistency with prior
Council direction, language was
inadvertently left in
Fortune Telling and
Tattoo Parlors
Section 9.10.040,

9.11.020
Update land use tables to correct
inadvertent error in requiring
Minor Use Permit for tattoo
parlors and omitting
fortunetelling in Downtown and
Mixed Use Commercial Districts;
these have been corrected to
permitted uses consistent with
prior Zoning Ordinance

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Topic Where Revision is Made Description of Revision
amendments
Vesting of
Development Impact
Fees
Sections 9.30.140,

9.64.070, 9.65.040,

9.66.040, 9.67.040, and

9.68.040
Clarify that impact fee may be
permitted vested rights under
State and local law
DCP Entitlement and
Tier System
DCP Section 2.A.4 Correct incorrect reference to the
Zoning Ordinance; reference
should be Chapter 9.64
DCP Entitlement and
Tier System
DCP Section 2.A.4 Delete last sentence for
consistency with State Density
Bonus law
DCP Application
Thresholds
DCP Section 9.10.050 Remove Administrative Approval
section and refer to Zoning
Ordinance for consistency
LUCE Policy 15.15
Preserve Light, Air
and Privacy between
Commercial and
Residential Properties
LUCE Page 2.1-22 As part of the Phase 1
implementation of the Housing
Element, the daylight plane/rear
yard step back requirements
were modified in the Zoning
Ordinance. Associated revisions
to the LUCE were inadvertently
overlooked; revise the language
to be more general
LUCE Rear Stepback
Requirements
Various pages in Chapter

2.1, land use policy and
designations
Per the above, delete text and
figures throughout the LUCE
LUCE Minimum
Ground Floor Floor-toFloor Height
Various pages in Chapter

2.1, land use policy and
designations
As part of the Phase 1
implementation of the Housing
Element, the minimum ground
floor floor-to floor height was
modified from 15 feet to 11 feet
in the Zoning Ordinance.

Associated revisions to the
LUCE were inadvertently
overlooked; revise the figures to
remove the incorrect height
references
Environmental Review
The proposed amendments to the LUCE, DCP, BAP, and Zoning Ordinance were analyzed as part of the 2021-2029 6th Cycle Housing Element Environmental Impact

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Report (EIR) [SCH No. 20212269242021] that was certified by Council on October 12, 2021, with an Addendum to the EIR approved on October 11, 2022. These amendments implement the programs that were described and analyzed in the 6th Cycle Housing Element EIR. Therefore, no further environmental documentation is required.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of recommended action. Staff will return to Council if specific budget actions are required in the future. Implementation of the proposed amendments are necessary to comply with the certified Housing Element. If Santa Monica takes an action that is inconsistent with its certified Housing Element and falls out of compliance with Housing Element law, the City would be at risk of enforcement action from the State, up to and including judicial action, fines of at least $10,000 per month, loss of eligibility for grants and state funding programs, and loss of local control over land use decisions. The State has in recent years demonstrated its willingness to take legal action to compel cities to bring their Housing Elements into compliance.

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

A. CDD-Reso-LUCE HE Phase 2 Amendments 092424
B. CDD-Reso-Repeal BAP Chapter 5 092424
C. CDD-Reso-DCP HE Phase 2 Amendments 092424
D. CDD-Ord-6th Cycle HE Phase 2 092424
E. Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) F. Attachment F - Right of First Offer Info Memo
G. Written Comments

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H. PowerPoint Presentation

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1 City Council Meeting: September 24, 2024 Santa Monica, California RESOLUTION NUMBER ______ (CCS)
(City Council Series)

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

AMENDING THE TEXT OF THE LAND USE AND CIRCULATION ELEMENT OF THE

GENERAL PLAN FOR CONSISTENCY WITH THE GOALS, POLICIES, AND PROGRAMS SET FORTH IN THE 6TH CYCLE (2021-2029) HOUSING ELEMENT

AND MAKING OTHER MINOR CHANGES, CORRECTIONS, AND CLARIFICATIONS WHEREAS, on July 6, 2010, the City Council adopted the Land Use and Circulation Element of the City’s General Plan (“LUCE”), which designates the proposed general distribution, location, and extent of land uses within the City; and WHEREAS, the LUCE was adopted after an extensive planning process, and addresses neighborhood conservation and enhancement; integrated land use and transportation; proactive congestion management; complete neighborhoods with increased open space; community benefits; quality urban character and form; preservation of historic resources; and growth management; and WHEREAS, the LUCE differs from prior Land Use and Circulation elements, in part, by establishing a direct link between land use and transportation policies and programs and establishing new development policies and standards to ensure that quality development contributes to the character of the City; and WHEREAS, the Housing Element Law, California Government Code sections 65580 et seq., requires the City to review and update the Housing Element of its General Plan every eight years; and
WHEREAS, on October 11, 2022, the City Council conducted a duly-noticed public hearing to consider adopting the amended 6th Cycle Housing Element, and after

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Packet Pg. 300 Attachment: CDD-Reso-LUCE HE Phase 2 Amendments 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 2 considering all oral and written testimony, adopted Resolution Number 11469 (CCS), adopting an amended 6th Cycle Housing Element, which was certified by the State on October 14, 2022; and
WHEREAS, the Housing Element includes a variety of programs intended to achieve goals and policies related to new housing production for all income categories and the preservation of existing housing, ensuring there is equitable housing access to all neighborhoods, housing for the homeless including housing assistance and supportive services to low-income households, and eliminating housing discrimination; and WHEREAS, the Housing Element sets forth a range of goals, policies and programs, including, but not limited to, procedural changes related to streamlining the review of housing projects, updating development standards and the Affordable Housing Production Program (“AHPP”) to ensure housing projects are feasible, providing opportunities for housing in areas of the City that do not currently permit housing, incentivizing housing in areas of the City that have not historically supported housing production, amending the City’s density bonus ordinance to ensure consistency with State law and integration into the City’s land use system, and committing to the production of affordable housing on City-owned/publicly-owned land; and WHEREAS, the Housing Element requires the City to implement certain programs through amendments to the LUCE, the Bergamot Area Plan (“BAP”), the Downtown Community Plan (“DCP”), and the Zoning Ordinance in phases, subject to specified deadlines, to ensure consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element; and

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Packet Pg. 301 Attachment: CDD-Reso-LUCE HE Phase 2 Amendments 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 3 WHEREAS, on February 1, 2023, the Planning Commission conducted a dulynoticed public hearing to consider its recommendation to the City Council, and after considering all oral and written testimony regarding the proposed amendments to the text of the LUCE, BAP, and DCP, adopted Resolutions of Recommendation, Resolution Numbers 23-002 (PCS), 23-004 (PCS) and 23-005 (PCS), recommending to the City Council amend the LUCE, DCP, and BAP to ensure consistency with the first phase of Housing Element implementation; and
WHEREAS, on March 21, 2023, the City Council conducted a duly-noticed public hearing to consider the recommendation of the Planning Commission, and, after considering all oral and written testimony, adopted Resolution Numbers 11512 (CCS), 11513 (CCS), and 11514 (CCS), to amend the LUCE, BAP, and DCP to ensure consistency with the first phase of Housing Element implementation, including Programs

1.A, 1.F, 1.J, 2.C, 2.D, and 4.A of the 6th Cycle Housing Element, which provided for streamlined approvals of housing projects, streamlined design review of housing projects, revised development standards for housing projects, modified inclusionary requirements in the City’s AHPP, and an updated Density Bonus Ordinance; and WHEREAS, the second phase of implementation programs for the 6th Cycle Housing Element is due by either October 2024 or December 2024, per the commitment in the adopted 6th Cycle Housing Element; and
WHEREAS, the City now desires to undertake the second phase of implementation for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, including all or portions of: Programs 1.B (Streamline the Architectural Review Process); 1.E (Revise the Design Standards in the Bergamot Area

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Packet Pg. 302 Attachment: CDD-Reso-LUCE HE Phase 2 Amendments 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 4 Plan); 1.H (Adaptive Reuse); 1.I (Innovations in Construction Technology); 2.B (Right of First Offer Ordinance); 2.C (Update the City’s Affordable Housing Production Program – Part 2); 2.I (Zoning for Variety of Housing Types); 3.A (Restrict the Removal of Existing Rental and Protected Units); 3.E (Maintain a Low Income Residential Repair Program); and 5.B (Low Barrier Navigation Centers As By-Right Use); and WHEREAS, additional amendments to the LUCE, BAP, and DCP, along with other minor changes, clarifications, and corrections, will be necessary to ensure consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element as part of the second phase of Housing Element implementation; and WHEREAS, additional amendments are necessary to make other minor changes, clarifications, and corrections; and
WHEREAS on May 8, 2024, in accordance with Santa Monica Municipal Code section 9.45.060(A), the Planning Commission adopted a Resolution of Intention, Resolution Number 24-002 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the LUCE, the BAP, and the DCP for consistency with the goals, policies and programs set forth in the Housing Element and recent updates to State housing law and to make other minor changes, clarifications, and corrections; and
WHEREAS, on August 7, 2024, in accordance with Santa Monica Municipal Code section 9.5.070(A), the Planning Commission conducted a duly-noticed public hearing, and, after considering all oral and written testimony, adopted a Resolution of Recommendation, Resolution Number 24-008 (PCS), recommending to the City Council that the Council amend the text of the LUCE to ensure consistency with the second phase

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Packet Pg. 303 Attachment: CDD-Reso-LUCE HE Phase 2 Amendments 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 5 of Housing Element implementation and to make other minor changes, clarifications, and corrections; and
WHEREAS, on September 24, 2024, the City Council conducted a duly-noticed public hearing to consider the recommendation of the Planning Commission, and, after considering all oral and written testimony, desires to amend the text of the LUCE to ensure consistency with the second phase of Housing Element implementation and to make other minor changes, clarifications, and corrections.

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

SECTION 1. Amendments to the text of the Land Use and Circulation Element of the General Plan. Pursuant to Santa Monica Municipal Code section

9.45.080, the City Council does hereby amend the text of Land Use and Circulation Element of the General Plan for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, or to ensure consistency with goals, policies and programs that were previously implemented, and making other minor changes, corrections and clarifications, as set forth in Exhibit A, attached to this Resolution.

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

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 304 Attachment: CDD-Reso-LUCE HE Phase 2 Amendments 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 6 Exhibit A
Proposed Amendments to the Land Use and Circulation Element of the General Plan
[BEHIND THIS PAGE]

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Packet Pg. 305 Attachment: CDD-Reso-LUCE HE Phase 2 Amendments 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 7 LUCE Provision Proposed Amendment
Chapter 2, Land Use
Policy and
Designations, Policy

15.15, Page 2.1-22
Preserve Light, Air and Privacy between Commercial and
Residential Properties LU15.15 Preserve Light, Air and Privacy between Commercial and Residential Properties. Buildings that share a property line with a residentially-designated property are required to be setback at least 10 feet from the abutting residential property line as set forth in the Zoning Ordinance. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site.

Chapter 2, Land Use
Policy and
Designations, MixedUse Boulevard Low,

Page 2 ends

Santa Monica City CouncilSeptember 24, 2024

Santa Monica City Council
September 24, 2024