• 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
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Packet Pg. 176 Attachment: Levine Act Disclosure (6625 : Fourth Modification of Scheduling Support Services contract with Trapeze)
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
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Packet Pg. 177 Attachment: Levine Act Disclosure (6625 : Fourth Modification of Scheduling Support Services contract with Trapeze)
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.
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Packet Pg. 178 Attachment: Oaks Initiative (6625 : Fourth Modification of Scheduling Support Services contract with Trapeze)
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 #
October 2, 2024
Brian Canivet, General
Manager, MPS
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Packet Pg. 179 Attachment: Oaks Initiative (6625 : Fourth Modification of Scheduling Support Services contract with Trapeze) City Council
Report
City Council Meeting: November 11, 2024
Agenda Item: 5.D
1 of 3
To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Authorization to Accept Grant from the Office of Traffic Safety for the Selective Traffic Enforcement Program
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15321 of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to accept a grant awarded in the amount of $300,000 from the California Office of Traffic Safety for the Police Department’s Selective Traffic Enforcement Program and to accept all grant renewals.
3. Authorize the City Manager to execute all necessary documents to accept the grant and all subsequent grant renewals.
4. Authorize the budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
Summary
The Santa Monica Police Department (“SMPD”) has been awarded a $300,000 Selective Traffic Enforcement Program (“STEP”) grant for 2024 from the California Office of Traffic Safety (“OTS”). This grant was awarded to SMPD for a year-long program of education and special enforcement efforts to help prevent traffic-related deaths and injuries. The 2024 STEP grant will provide funding for an array of strategies to impact roadway safety, as well as funds for training and outreach. SMPD continues to work with community partners and mobility groups to ensure the safety of the roadways. These annual grant activities support Santa Monica in striving to attain the goals of Vision Zero and to ensure our commitment to providing safe travel for all transportation modes.
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Discussion
For over ten years, SMPD has been awarded OTS STEP grant funding that is specifically directed toward improving roadway safety in Santa Monica. SMPD uses these funds to conduct a variety of focused traffic enforcement operations, to attend annual training, and to purchase the equipment necessary to support SMPD’s traffic enforcement operations. Like previous OTS STEP grants, the 2024 STEP grant would fund the following enforcement activities, mainly with overtime funds:
• DUI Checkpoint Operations
• DUI Saturation Patrol Operations
• Traffic Enforcement Operations focused on unsafe practices such as speeding and unsafe turning
• Distracted Driving Enforcement Operations
• Motorcycle Safety Enforcement Operations
• Pedestrian and Bicycle Safety Enforcement Operations
Additionally, the 2024 STEP grant program would include six traffic safety educational presentations to the community, known as the “Know Your Limit” campaign, six traffic enforcement operations focused on Pacific Coast Highway, and participation in National Distracted Driving Awareness Month in April. These strategies combined aim to help the community safely share the road and are proven strategies for reducing the number of injury traffic collisions. Safe movement throughout the City is an ongoing high priority at both the state and local level.
Environmental Review
Acceptance of grant funding for enforcement activities is categorically exempt from CEQA under the Section 15321. Section 15321 of the CEQA State Guidelines provides Class 21 (enforcement actions by regulatory agencies) exemption for enforcement of a law or law enforcement activities by peace officers acting under any law that provides criminal sanction.
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Financial Impacts and Budget Actions
Staff seeks authority to accept a grant from the California Office of Traffic Safety Selective Traffic Enforcement Program.
Approval of the recommended action requires the following budget amendment:
FY 2024-25 Grant Budget Amendment
Establish Revenue Budget Appropriate Funds
Account Number(s) Amount Account Number(s) Amount
20180002.40469I $300,000 20180002.511400.89018 $284,754 20180002.55522E $15,246
Total $300,000 Total $300,000
If renewals are awarded, budget changes will be included in subsequent year budgets, contingent on Council budget approval.
Prepared By: Cody Green, Police Lieutenant
Approved Forwarded to Council
Attachments:
A. Written Comments
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1 David Yakobson
From: Dr Michael Cahn <[email protected]>
Sent: Monday, November 11, 2024 3:29 PM
To: councilmtgitems
Cc: Ramon Batista; Erika Aklufi; Rooney, Barbara@OTS; Transportation Planning; Anuj Gupta; [email protected]; Sirinya Tritipeskul; Richard McKinnon; [email protected]; Strumpell Kent; [email protected]; [email protected]; [email protected]; [email protected]; Barbara Filet; Caro Vilain; Ted Rogers
Subject: Item 5D Consent? Pedestrian and Bicycle Safety
EXTERNAL
Dear Council Members,
Before you give green light to the OTS Grant for 300.000 $ for Selective Traffic Enforcement, let me give you some feedback, from the handlebars and from the sidewalk, looking back at how these grants have worked in the past. They used to be awarded for Pedestrian and Bicycle Safety, and they were always conducted "through the windshield". The motto was: Drivers are driving, now let's keep the pedestrians and cyclists out of harm's way. To do that we must ticket them when they ride their bikes on the sidewalk, we must educate them to cross at the intersection. There is a big monster in town, it is called vehicle traffic, and it will snap a pedestrian, a cyclist here and there. The main job of SMPD Traffic Division is to keep the monster rolling through town, and keep those who use the streets without a license plate out of the path of this dangerous beast. Not exactly the best way to address the source of the danger, methinks.
It does not look good when SMPD Sergeant is parked at the intersection and ignores how this Prius endangers the pedestrian (Montana):
Item 5-D
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Packet Pg. 183 Attachment: Written Comments (6660 : OTS STEP Grant 2024-25) 2 But the cyclist on the sidewalk is quickly found and stopped and "enforced":
Sometimes crossing the intersection without a green light is safer for the cyclist, but the officer only cares about the rules:
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Packet Pg. 184 Attachment: Written Comments (6660 : OTS STEP Grant 2024-25) 3 SMPD knows that riding bicycles on Lincoln Blvd is hairy, so they do it on the sidewalk:
But the black kid is being hassled for doing the same - riding his bicycle on the sidewalk on Lincoln:
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Packet Pg. 185 Attachment: Written Comments (6660 : OTS STEP Grant 2024-25) 4 We all sometimes think cars can not be avoided. Our police force too is fully subscribed to this attitude.
We once had a transportation management division in this city, but how do you manage the king of the American road? The car is in charge, Ciclavias come and go.
And yet we must manage and challenge all this driving. We must do less of it, and we must do it less often. And the SMPD too must project this goal of less driving. One way to do this is to contradict the idea that driving is always necessary (it is not), that we all drive (we do not). Imagine the citywide moment of education and insight that would happen if our own police department challenged the poison of motonormativity. Encourage the SMPD to challenge the notion that driving is the default. Let's see these officers on their bicycles enforcing the law on Wilshire.
Well, they do ride their bicycles on the beach path, but are they big and strong enough to do it in town? In town the bicycles are transported on the back of a car. Chicken anybody? Item 5-D
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Packet Pg. 186 Attachment: Written Comments (6660 : OTS STEP Grant 2024-25) 5 SMPD avoiding ride bicycles on city streets ("we are not crazy"):
Every time the SMPD is not riding a bicycle in traffic, it gives us cyclists the sense that we are just a crazy suicidal minority. And it gives all the drivers out there the same message: Crazy cyclists. What we need from you is to share the road with us on a bicycle, and to bring your authority and your uniform and your tickets to the bike lane, and to deal with the drivers parking on the bike lane, turning without indicating, overtaking dangerously, ignoring crosswalks, opening doors without looking. This should be part of the 300K grant from OTS!
You want safer streets in Santa Monica? Put your officers on bicycles and let them ride up and down Wilshire, up and down Lincoln. That is where the education and the enforcement needs to happen.
Enforcement of our drivers, the single most dangerous road participants You know you want to do it, just see how you imagined the SMPD as an all terrain mountain cyclists force. No road chickens here.
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Packet Pg. 187 Attachment: Written Comments (6660 : OTS STEP Grant 2024-25) 6 Please make approval of item 5D contingent on consideration of the following items 1: Highly visible bicycle patrols on heavily trafficked streets: Film it, Share it: Show us and show the community that cars are not always necessary
2: Six Crosswalk Sting Operations on Montana, Wilshire and Santa Monica Blvd etc. Film it, Share it. 3: Enforcement of drivers who stop or park on bike lanes 4: Enforcements of illegal parking and waiting around schools:
Lincoln Middle School has crossing guards. Their good work is made impossible by parents defiantly waiting in their cars on bike lanes and in alleys in the vicinity Saint Monica School proudly displays long lines of illegal parking and waiting on California Ave over multiple blocks.
5: Revisit the sidewalk riding ordinance
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Packet Pg. 188 Attachment: Written Comments (6660 : OTS STEP Grant 2024-25) 7 Thank you !
--
Dr Michael Cahn
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Packet Pg. 189 Attachment: Written Comments (6660 : OTS STEP Grant 2024-25) City Council
Report
City Council Meeting: November 11, 2024
Agenda Item: 5.E
1 of 4
To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Approval of First Modification of Agreement # 11035 with Vital Medical to Provide In-house Medical Services to Arrestees
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a first modification to agreement #11035 in the amount of $861,000 with Vital Medical Services, LLC, to provide in-house medical services to arrestees for the Police Department. This will result in a 6-year amended agreement with a new total amount not to exceed $2,913,000 with future year funding contingent on Council budget approval.
Summary
The Santa Monica Police Department (“SMPD”) is required by state and federal law to provide medical services to arrestees known to have, or declaring, medical issues or injuries prior to booking and housing in the SMPD Jail or transfer to the Los Angeles County Sheriff’s Department. Currently, the City has an agreement with Vital Medical Services, LLC (“Vital Medical”) to provide on-site medical services for SMPD arrestees.
Medical services covered under this agreement include pre-booking medical clearances to arrestees who exhibit or complain of medical conditions and blood draws taken from persons arrested for driving under the influence (“DUI”). Under the current agreement, all medical services are administered by experienced and licensed medical personnel under the supervision of an emergency care physician. City staff recommends that the Council approve $861,000 in additional funding for this agreement and authorize the
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City Manager to negotiate and execute an extension of the agreement for an additional year.
Discussion
Since 2015, SMPD has used Vital Medical to perform medical services for arrestees.
The current agreement with Vital Medical expires on June 30, 2025. However, due to the increase in medical services required by arrestees during the pandemic, the agreement will exceed its spending authority before its term expires. Staff requests that Council approve a one-year extension for this agreement and to increase its appropriated funding in the amount of $861,000. Extending the contract term by one year will allow staff to complete the required competitive bidding process, and allow time for contract negotiations, as well as provide sufficient time for a new vendor to mobilize their equipment and medical supplies to the Public Safety Facility.
The only alternative to utilizing Vital Medical is for police officers to transport arrestees to the UCLA Santa Monica Hospital Emergency Department to obtain a pre-booking clearance, medical care, or blood draws. Currently, with Vital Medical working in the jail, SMPD only transports arrestees to the emergency room when they have more serious or complex medical needs than can’t be treated in the jail. For example, an injury requiring an x-ray. The use of Vital Medical for medical treatment has significantly reduced the need for police officers to be removed from patrol duties to obtain medical clearances from local emergency rooms (“ER”). Not having arrestees in the ER limits the exposure of the public to uncooperative, potentially combative arrestees and thwarts a mechanism for escape. It also enhances officer safety by not having to transport an uncooperative or combative arrestee to and from the SMPD jail. The cost of the emergency room visits, physician services, and any ancillary tests or medical services are absorbed by SMPD.
Vital Medical’s personnel currently provide pre-booking medical clearance evaluations and select minor medical treatments to arrestees utilizing appropriately vetted and licensed Physician Assistants and/or Nurse Practitioners. Examples of medical services performed include any requests for medical attention, including minor wound care, treatment of nausea, administering prescription medicine, and treating wounds caused by vermin infestations. Without Vital Medical services available to treat the variety of
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arrestee medical needs, SMPD officers would be responsible for transporting arrestees to the ER. Vital Medical provides the necessary equipment and supplies to perform the medical services in a private room on-site. The medical exam room meets all medical, County Health Department and Board of State and Community Corrections (BSCC) requirements for these types of services. Providing such medical services in the jail complies with current standards set fort in Title 15 of the California Code of Regulations.
Environmental Review
The proposed agreement is exempt from the provision of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines (common sense exemption). The proposal is covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The agreement would not result in any adverse physical environmental effects as it would continue existing medical services for arrestees. Therefore, the agreement is exempt from CEQA and no further environmental review under CEQA is required.
Past Council Actions
Meeting Date Description
04/28/2020
(attachment A)
Authorize the City Manager to negotiate and execute a fiveyear professional services agreement with Vital Medical Services, LLC.
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to increase the amount of agreement with Vital Medical Services, LLC. for in-house medical services for arrestees.
Agreement Modification Request
Agreement
#
Current
Authorized
Amount
FY 2024-25
Modified
Request Amount
Future Year
Dept Account #
Total Revised
Contract
Amount
11035 $2,052,000 $369,000 $492,000 01180004.550210 $2,913,000 Future year funding is contingent on Council budget approval.
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Prepared By: Jennifer Estrada, Jail Manager
Approved Forwarded to Council
Attachments:
A. Staff Report 4.28.2020 - Vital Medical Agreement (Web Link) B. Oaks Initiative - Vital Medical
C. Vital Medical - Original Contract
D. Vital Medical - Levine Act Disclosure Form
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Packet Pg. 194 Attachment: Oaks Initiative - Vital Medical (6661 : 1st Mod with Vital Medical) - 1 -
Contract No. 11035 (CCS)
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”), entered into as of __________________ (“Execution Date”), by and between the City of Santa Monica (“City”) and Vital Medical Services, LLC (“VITAL”), is made with reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution of the State of California and the Charter of the City.
B. VITAL is qualified to do business, and is doing business, in the State of California.
VITAL represents it has the background, knowledge, experience, and expertise necessary to provide the services set forth in this Agreement.
C. The City and VITAL now desire to enter into an agreement for VITAL to provide professional services to the City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERMS AND CONDITIONS
1. Term. This Agreement begins on the Execution Date and terminates on June 30, 2025, unless sooner terminated in accordance with Section 14.
2. VITAL Services. VITAL shall perform all of the services (“Services”) described in Exhibit A, Scope of Services. VITAL shall complete the Services in accordance with Exhibit B, Budget.
3. City Services. The City agrees to:
3.1 Make available to VITAL any existing documents, data or information within its possession and are reasonably required for VITAL’s performance of the Services.
3.2 Designate a representative authorized to act on behalf of City.
3.3 Promptly review all documents submitted by VITAL for City staff review and respond within a reasonable period of time.
4. Compensation. The City shall compensate VITAL for the Services performed and rendered to City in an amount not to exceed $2,052,000, as set forth in Exhibit B.
5. Invoices. VITAL will invoice the City for Services that it has performed under this Agreement in accordance with Exhibit B. Upon its receipt of a valid invoice from DocuSign Envelope ID: DD431CF5-D687-4CC1-998A-3B70CEBB7422 7/15/2020
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Packet Pg. 195 Attachment: Vital Medical - Original Contract (6661 : 1st Mod with Vital Medical) - 2 -
VITAL, the City shall pay to VITAL the undisputed portion of the invoice within 30 days.
6. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered, or certified, addressed as follows:
6.1 All notices, demands, requests or approvals to the City:
Santa Monica Police Department
333 Olympic Drive
Santa Monica, California 90401
Attention: Neela Patel
Re: Contract No. <11035>
with a copy to:
Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. <11035>
6.2 All notices, demands, requests or approvals to VITAL:
Vital Medical Services, LLC
700 North Brand Boulevard, Suite 220
Glendale, CA 91203
Attention: Alex G. Ghazalpour
[email protected]
Re: Contract No. <11035>
7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.
Neither the City nor its officers or employees will have any control over the conduct of VITAL or any of VITAL’s agents, employees, or subconsultants, except as otherwise provided in this Agreement.
8. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement.
This Agreement may be modified only by written agreement signed by City and VITAL and approved as to form by the City Attorney.
9. Insurance. Prior to commencing work, VITAL must procure, maintain, and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by VITAL or VITAL’s DocuSign Envelope ID: DD431CF5-D687-4CC1-998A-3B70CEBB7422
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Packet Pg. 196 Attachment: Vital Medical - Original Contract (6661 : 1st Mod with Vital Medical) - 3 -
agents, representatives, employees or subconsultants for the duration of this Agreement. VITAL must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.
10. Defense and Indemnification.
10.1 Indemnification. VITAL agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the acts, errors and/or omissions of VITAL, or VITAL’s employees, agents, officers, and subconsultants. VITAL’s responsibilities under this Section 10.1 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of VITAL, its employees, agents or officers, or subconsultants; provided, however, that VITAL’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City. Notwithstanding VITAL’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from VITAL, if City chooses to do so.
10.2 Enforcement Costs. VITAL agrees to pay for reasonable legal fees the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1.
11. Prohibition Against Transfers.
11.1 VITAL may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.
11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of VITAL or of any general partner or joint venturer or syndicate member of VITAL, if a partnership or joint venture or syndicate exists, which results in changing the control of VITAL, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.
12. Permits and Licenses. VITAL, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.
DocuSign Envelope ID: DD431CF5-D687-4CC1-998A-3B70CEBB7422
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Packet Pg. 197 Attachment: Vital Medical - Original Contract (6661 : 1st Mod with Vital Medical) - 4 -
13. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.
14. Default and Termination.
14.1 If VITAL fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City’s written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to VITAL.
14.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving 30 days written notice to VITAL. Upon termination of this Agreement, City will pay VITAL any compensation earned and unpaid up to the effective date of termination.
15. Compliance with Law. VITAL must comply with all laws of the State of California and the United States, and all ordinances, rules, and regulations enacted or issued by City.
16. Discrimination. VITAL may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.
17. Nuisance. VITAL may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.
18. Records. VITAL must maintain records in sufficient detail to allow City to fairly evaluate the Services provided to it under the Agreement. VITAL must allow City to inspect all work, data, documents, proceedings and activities related to this Agreement (“Records”). The City has the right to examine or audit the Records, and VITAL agrees to cooperate with any examination or audit of the Records. If a City audit discloses an error in the information reported by VITAL, and said error resulted in an overpayment to VITAL, VITAL agrees to refund City the amount of the overpayment.
19. Work Product; Reports.
19.1 Subject to all applicable laws and regulations, including, but not limited to the Health Insurance Portability and Accountability Act, any work product prepared or caused to be prepared by VITAL or any subconsultant for this Agreement will be the exclusive property of City, and VITAL shall provide City with copies of such work product upon request. No work product given to or prepared by VITAL or any subconsultant pursuant to this Agreement may be made available to any individual or organization by VITAL without prior written approval by City, which approval shall not be unreasonably withheld or delayed.
DocuSign Envelope ID: DD431CF5-D687-4CC1-998A-3B70CEBB7422
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19.2 At the City’s request, VITAL must furnish reports concerning the status of the Services.
20. Standard of Care. VITAL agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of VITAL’s profession currently practicing in the same locality under similar conditions.
21. Subconsultants. If VITAL proposes to have any subconsultant perform any part of the Services, VITAL must submit a request for approval in writing, describing the scope of services to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant’s services. The City, in its sole discretion, may grant or deny the request.
Notwithstanding the foregoing, the City understands and acknowledges that VITAL’s Chief Medical Officer (or other licensed professionals employed or otherwise engaged by VITAL’s Chief Medical Officer), or a professional medical corporation owned and controlled by such person, shall provide or arrange for the provision of all Services that constitute the practice of medicine, and that certain other licensed professionals, such as physician assistants and nurse practitioners may be employed or otherwise engaged by VITAL’s Chief Medical Officer or a professional medical corporation owned or controlled by such person shall not be considered “subconsultants” requiring prior written approval pursuant to this Section 21.
VITAL will be responsible for the quality of any subconsultant’s work. Every subcontract or agreement of any kind entered into between VITAL and any subconsultant must contain the following provision:
This agreement is consistent with all terms and conditions of the Agreement No. 11035 (CCS) entered into between the City of Santa Monica and VITAL on^^____________________.
22. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
23. Venue and Jurisdiction. The City and VITAL agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate.
The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
24. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination DocuSign Envelope ID: DD431CF5-D687-4CC1-998A-3B70CEBB7422
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and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
25. Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.
Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed at Los Angeles, California the day and year first above written.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
#VENDOR2
By: ________________________________
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
#VENDOR
By: ________________________________
DocuSign Envelope ID: DD431CF5-D687-4CC1-998A-3B70CEBB7422 7/10/2020
Interim City Attorney
George Cardona
ARMEN VARTANIAN
7/10/2020
Managing Director
Vital Medical Services, LLC
Alex Ghazalpour
Vital Medical Services, LLC.
Chief Operating Officer
7/10/2020
7/15/2020
Lane Dilg
Interim City Manager
7/15/2020
Denise Anderson-Warren
City Clerk
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Exhibit A
Scope of Services
i. VITAL shall provide 24/7 on call services at the Santa Monica Jail Facilities (“Facilities” or “Jail Facility”) during the term of this Agreement. ii. VITAL shall provide the Services at the request of a police officer or other authorized representative of the City at the Facilities, as requested. Upon receipt of the call requesting service, VITAL personnel shall aim to arrive at the Jail Facility or requested site within the City limits, within thirty minutes. iii. Where professional medical services are required under this Agreement, such services shall be provided by appropriate and licensed medical professionals engaged by VITAL.
iv. Licensed medical professionals engaged by VITAL shall provide the following Services upon City’s request:
a. Perform pre-booking and medical screening evaluations (“Pre-Booking and Medical Clearance Examination ‘Okay to Book’”), including with respect to mental health and any communicable diseases, on an a person who has been arrested and is in the custody of the Santa Monica Police Department (“Arrestee”) to determine if the Arrestee is healthy enough to be discharged to the Santa Monica Police Department for booking process and be placed in the Santa Monica Police Department Jail. A Santa Monica police officer or other authorized representative of the City shall always be present during all medical screening evaluations. The assessment of an Arrestee’s medical condition shall be solely determined by the appropriate medical personnel engaged by VITAL. If imaging services, comprehensive lab tests, or other procedures or services are determined necessary, VITAL shall make appropriate recommendations to the City with respect thereto and the City shall transport the Arrestee to a local hospital emergency department or other facility, as determined by the City, in accord with such recommendations. Up to fifty (50) medical screening evaluations per month are included in the Scope of Services and are not credited to future months.
b. Perform legal specimen collection, blood draws (“Evidentiary Blood Collection”), in a medically approved manner in connection with driving under the influence (DUI) investigations, DUI saturation operations, and DUI checkpoints. Up to ten (10) blood withdrawals per month are included in the Scope of Services and are not credited to future months.
DocuSign Envelope ID: DD431CF5-D687-4CC1-998A-3B70CEBB7422
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Approved Los Angeles County Sheriff’s Department Crime Laboratory and Orange County Sheriff’s Department Crime Laboratory vials shall be used for blood withdrawals. Said vials will be provided by City. v. If the VITAL medical professional believes that an Arrestee needs a more indepth procedure or test (e.g., Arrestee is presenting a head injury, a neurological condition or a cardiac condition), VITAL shall inform the City so the City may determine appropriate action to be taken including releasing an Arrestee from custody and/or transferring an Arrestee to the custody of another appropriate law enforcement agency and/or appropriate medical facility.
vi. Nasal Narcan Administration including items (a) through (i) as further detailed in the VITAL-A004 Policy:
a. Medical Director oversight for Nasal Naloxone (Narcan) administration b. Executed Standing Order
c. Nasal Naloxone (Narcan) Education
d. Nasal Naloxone (Narcan) Training – VITAL will create a comprehensive curriculum in accordance with the manufacturer's suggested training recommendation for a training course to be required for all officers who will deploy with Naloxone kits. The course will include the following:
(A) Course of instruction
(B) Demonstrations
(C) Brief competency skills and demonstrative examination e. Nasal Naloxone (Narcan) Program Oversight and Implementation f. Nasal Naloxone (Narcan) Customized Policy Implementation g. LA County EMS Agency Approval Process
h. QA and QI Reporting Requirements for LA County EMS Agency i. Use report completion for EMS Agency reporting criteria vii. At times and locations agreed to in advance, at the request of the City, VITAL will attend a majority of the Santa Monica Police Department briefings. viii. VITAL shall be responsible for providing all necessary medical and other equipment and supplies with the exception of prescription and over-thecounter medication, in order for it to provide the services described in this Exhibit A.
DocuSign Envelope ID: DD431CF5-D687-4CC1-998A-3B70CEBB7422
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Personnel and Facilities
i. Project Management – Each party shall appoint a Project Manager. The Project Managers shall meet as needed to coordinate, review, and ensure VITAL’s performance during the pilot program.
ii. Key Personnel – VITAL’s project team shall work under the direction of Alex G.
Ghazalpour, Chief Operation Officer. VITAL shall minimize changes to its key personnel who provide Services under this Agreement. The City may request key personnel changes, and the City may review and approve key personnel changes proposed by VITAL. The City will not unreasonably withhold approval of key personnel assignment and changes.
iii. VITAL shall maintain a current list with the names, titles, and qualifications of its personnel who provide services under this Agreement. At any time upon the City’s request, VITAL shall furnish that list to the Chief of Police or a designee. iv. Background Checks – At the City’s request, VITAL shall provide the City with the identifying information required to complete the “Applicant Information” section of the City provided Request for Live Scan Service form for VITAL’s personnel assigned to perform services under this Agreement. The City shall then provide VITAL with the form. VITAL shall ensure that its personnel submit the Request for Live Scan Service form to an authorized Live scan service location and comply with Live Scan requirements. The City will receive and review the Live Scan results for information that, in the City’s sole determination, may impede, hinder, frustrate, delay or affect this Agreement’s performance or increase the City’s liability, risk or exposure. The City shall notify VITAL of its personnel’s eligibility or ineligibility, VITAL shall not use or dispatch the ineligible personnel to perform Services under this Agreement. VITAL shall bear all costs associated with the submission of the Request for Live Scan Service form and related requirements. v. The City reserves the right to determine, in its sole an absolute discretion whether VITAL’s personnel are suitable to perform the Services required in this Agreement.
If the City determines that VITAL’s personnel are not suitable for any reason, the City shall notify VITAL of its determination. Upon the City’s notification to VITAL of its personnel’s non-suitability, VITAL shall thereafter not use or dispatch the non-suitable personnel to perform Services pursuant to this Agreement. vi. The City shall provide a room in its Jail Facility, for VITAL to perform medical screening evaluation Services pursuant to this Agreement. vii. VITAL shall pay for any damage to City property, facilities, and/or structures arising out of VITAL’s use, occupation, operation, or activities in, upon, under, or over any DocuSign Envelope ID: DD431CF5-D687-4CC1-998A-3B70CEBB7422
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portion of them. City shall reimburse VITAL for any damage to VITAL’s property, facilities, and/or structures caused by the City.
viii. VITAL shall dispose of medical biohazards arising out of VITAL’s activities in an appropriate manner and as required by law.
DocuSign Envelope ID: DD431CF5-D687-4CC1-998A-3B70CEBB7422
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Exhibit B
Budget
For services to be rendered to City under Exhibit A of the Agreement (“Services”), the City will pay to VITAL as compensation a monthly fee of Thirty-Five Thousand Seven Hundred and 00/100 Dollars ($35,700.00) per month commencing the first month the Agreement is finalized. The monthly fee payments are due on the first day of the month of service.
All medical equipment and supplies needed to provide the Services will be supplied by VITAL, except for the DUI blood draw collection vials, which will be provided by the City through the County of Los Angeles. City will also reimburse VITAL for prescription and over-the-counter medications purchased to have on hand at the Jail Facility.
The price for VITAL’s services are set forth in the below pricing schedule. Charges for services in excess of the Services required by Exhibit A shall be itemized separately in monthly invoices. Other than the Services required by Exhibit A, the City shall not be obligated to purchase any additional services.
Pricing Schedule
i. Medical screening evaluations and blood withdrawal procedures are billed as follows for procedure counts in excess of the allotted amounts specified in Exhibit A:
• Six Hundred Twenty-Five and 00/100 Dollars ($625.00) per Pre-Booking and Medical Clearance Examination “Okay to Book”
• Two Hundred Ninety-Five and 00/100 Dollars ($295.00) per Evidentiary Blood Collection
ii. Services for reasonable suspicion drug and alcohol testing (“Reasonable Suspicion Drug and Alcohol Testing”) in conformity with City’s policies on an as needed basis at an additional cost of Five Hundred Ninety-Five and 00/100 Dollars ($595.00) per test.
iii. Testing services and counseling for occupational exposures to communicable diseases (“Communicable Disease Exposure Testing and Counseling”), including source testing, in conformity with City’s policies and applicable laws and regulations. VITAL’s rate for communicable disease testing (including COVID-19) is One Thousand Two Hundred and 00/100 Dollars ($1,200.00) per person tested (e.g., City police officer, City employee, Arrestee).
iv. On an “as needed” basis, and upon advance notice from the City’s Chief of Police (or his or her authorized representative), which notice is reasonable under the circumstances, provide appropriately licensed and trained medical personnel (“Medical Staff Coverage at Request of City”) at City sponsored events, emergencies at City facilities or other locations where City sponsored events or emergencies are DocuSign Envelope ID: DD431CF5-D687-4CC1-998A-3B70CEBB7422
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occurring or with respect to which the City is otherwise engaged (collectively, the “Events”), including the provision of the appropriate level of medical services to members of the public at any such Events. Although the City may request the level of personnel it wishes VITAL to provide at any such Events, the determination of the appropriate level of personnel shall be made by appropriate medical personnel (e.g. VITAL’s Chief Medical Officer) engaged by VITAL. The fee for such service shall not exceed the hourly rate of up to One Hundred Fifty and 00/100 Dollars ($150.00) per personnel as requested by the Chief of Police. v. VITAL standby time (“Medical Staff Standby at Request of City”), at the request of the City, will be billed at an hourly rate of up to One Hundred Fifty and 00/100 Dollars ($150.00).
vi. Work performed by VITAL at Office of Traffic Safety (“OTS”) Saturation Patrols and Checkpoints will be billed separately as a fee for service at the prevailing OTS rate. This fee shall include blood withdrawals performed during a Saturation Patrol or Checkpoint event. If no such OTS rate exists or is unavailable, VITAL will bill at a rate up to One Hundred Fifty and 00/100 Dollars ($150.00) per hour. vii. A Two Hundred Ninety-Five and 00/100 Dollars ($295.00) cancellation service fee applies if services are requested by City but cancelled (“Service Cancellation”). This includes responses requested by City that are subsequently cancelled. viii. A charge of up to One Hundred Fifty and 00/100 Dollars ($150.00) per hour per VITAL representative will be billed for courtroom testimonies resulting from a request by City or a court-ordered subpoena (“Courtroom Testimony Hourly Rate”).
Time spent “on call” to potentially testify and travel to and from court will not be charged.
ix. Narcan medication must be purchased directly by City. City may also purchase VITAL’s Narcan kits, not including the medication, for a fee of Two Hundred Ninety-Five and 00/100 Dollars ($295.00) per kit.
x. Medical transport services (“Medical Transport Services”) in connection with persons who are taken into custody pursuant to Welfare and Institution Code section 5150, mental health evaluation. The fee for each medical transport to a local medical facility where the distance to such facility is ten (10) miles or less is Nine Hundred Ninety-Five and 00/100 Dollars ($995.00). Transports to facilities where the distance is greater than ten (10) miles will be billed at Ten Dollars ($10.00) each mile past the first ten (10) miles travelled (“Medical Transport Services Additional Miles”). Upon arrival the first thirty (30) minutes at the facility is included in the standard fee. If the wait time exceeds thirty (30) minutes, it will be billed at SeventyDocuSign Envelope ID: DD431CF5-D687-4CC1-998A-3B70CEBB7422
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Five Dollars and 00/100 Dollars ($75.00) per each fifteen (15) minutes (“Medical Transport Services Wait Time”).
xi. A forced blood draw, a warrant blood draw, a “McNeely Warrant Blood Draw” (“Evidentiary Warrant Blood Collection)”, or in-field blood draw (“Evidentiary InField Blood Collection)”, without a medical clearance, will be billed at a fee of Five Hundred Ninety and 00/100 Dollars ($590.00). In-field blood draws denote when blood is drawn in the field (e.g. scene of an accident, at an address outside of the police department, etc.). If a medical clearance is required (“Evidentiary Warrant Blood Collection with Medical Clearance” or “Evidentiary In-Field Blood Collection with Medical Clearance”), the procedure will be billed at a fee of Nine Hundred Twenty and 00/100 Dollars ($920.00).
In no event shall the total amount of compensation for the term of this agreement exceed $2,052,000 as specified in section 4. When VITAL has billed 75% of the maximum cost, VITAL will provide written notice to the City expressing the fact that the city has expended 75% of the maximum cost, to alert the City that additional funding may be necessary to continue medical services under the Agreement.
VITAL will provide the City with monthly reports which detail all encounters including any such excess encounters, VITAL will also include report numbers associated for all medical clearances and blood draws to the City so that the City can easily reconcile for their accounting purposes.
DocuSign Envelope ID: DD431CF5-D687-4CC1-998A-3B70CEBB7422
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Exhibit C
Insurance Requirements and Verifications
Professional Liability Insurance Required
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).
3. Professional Liability: Insurance appropriate to the Consultant’s profession with limits of no less than $1,000,000 per occurrence or claim/$2,000,000 in the annual aggregate.
If the Consultant maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to any broader coverage and higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of a combination of (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and (2) CG 20 37).
DocuSign Envelope ID: DD431CF5-D687-4CC1-998A-3B70CEBB7422
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b. Primary Coverage: For any claims related to this Agreement, the Consultant’s insurance shall be primary coverage at least as broad as Insurance Services Offices Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Consultant to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Santa Monica.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Claims Made Policies
1. If the Professional Liability policy provides “claims made” coverage:
a. The Retroactive Date must be shown and must be before the date of this Agreement or the start of work.
b. The insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of work.
c. If the policy is cancelled or not renewed, and not replaced with another “claims made” policy form with a Retroactive Date prior to the effective Agreement date, the Consultant must purchase “extended reporting” coverage for a minimum of 5 years after completion of work.
DocuSign Envelope ID: DD431CF5-D687-4CC1-998A-3B70CEBB7422
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Verification of Coverage
Consultant shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.
The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.
Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Consultant resulting from said breach.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.
Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Consultant does not have employees. The Consultant must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.
DocuSign Envelope ID: DD431CF5-D687-4CC1-998A-3B70CEBB7422
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Packet Pg. 210 Attachment: Vital Medical - Original Contract (6661 : 1st Mod with Vital Medical) City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
In 2022, California’s SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit City “Officers” from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or
(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form.
https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/ /boards/.
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ ✔
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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.
09/19/2024 Armen Vartanian President Vital Medical Services, LLC n/a Armen Vartanian
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Packet Pg. 212 Attachment: Vital Medical - Levine Act Disclosure Form (6661 : 1st Mod with Vital Medical) City Council
Report
City Council Meeting: November 11, 2024
Agenda Item: 5.F
1 of 6
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Public Landscape Subject: Award Agreement to Mariposa Landscape, Inc. for Citywide Landscaping Services
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines;
2. Award Bid #4489 to Mariposa Landscapes, Inc. for citywide landscape maintenance services for the Public Works Department; and
3. Authorize the City Manager to negotiate and execute an agreement with Mariposa Landscapes, Inc. for $16,849,684, plus a contingency of $1,684,968, for a three-year term, with two one-year renewal options, for a total amount not to exceed $18,534,652 over the five-year period, with future year funding contingent on Council budget approval.
Summary
The City of Santa Monica uses a hybrid service model comprised of in-house groundskeeper staff and contracted landscape services to maintain and enhance parks and public spaces citywide. The implementation of a hybrid service model allows staff to minimize service interruptions at busy locations and maximize workforce flexibility at sites with dynamic, seasonal demands. For at least the past decade, a master contract has been used to provide for landscape services in many of our public open spaces including certain parks, medians, and City-owned facilities including Woodlawn Cemetery, the Santa Monica Airport, City Hall, and the Annenberg Community Beach House. The City also contracts out special one-time or special landscape-related projects that are outside of the normal day-to-day routine. The City currently contracts
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with Mariposa Landscapes, Inc. to provide landscape services at various City facilities and the current landscape maintenance contract expires on December 31, 2024.
After completing a new Request for Proposal process, staff recommends Mariposa Landscapes, Inc. as the best bidder for new citywide landscape maintenance services for an amount not to exceed $18,534,652 over a five-year period including a 10% contingency. The 10% contingency would be utilized to provide support services for new or one-time projects, such as the upcoming Memorial Park Redevelopment and Expansion Project and the Santa Monica Airport Conversion Project (SMACP). Funding would be secured prior to moving forward with any of these projects. Under the current contract, Mariposa Landscapes, Inc. has provided service at the required levels of service throughout the existing contract period.
Discussion
The Public Landscape Division oversees landscape maintenance at open spaces citywide including weed abatement, hardscape cleaning, irrigation inspections, trash removal at parks, turf aerification, fertilization, and mowing. Public Landscape also oversees the City’s urban forest. To complete these tasks, the division employs a combination of permanent full-time staff and contractor services, since the City does not have the resources to maintain all sites using in-house City staff. Bringing this service in-house would require hiring additional permanent full-time staff and the purchase of several vehicles and pieces of equipment to maintain approximately 110 acres of landscaping at 141 different sites including parks, facilities, and street medians throughout the city. The hybrid City staff/contractor model has been employed in other operational areas such as the custodial contract that services over fifteen City sites covering approximately 457,543 square feet.
Depending on the required tasks, the recommended vendor would perform routine work at different frequencies, such as daily, weekly, or monthly, and one-time projects at the request of various departments. Even though the services were bid out at the same service level, costs came in higher due to inflation. Staff would evaluate service levels
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and request needed additional funding as part of the FY 2025-27 Biennial Budget process. If funding is not available, service levels would need to be modified.
One-time projects include installation of turf or plants, planter and turf renovations at various locations throughout the City. One-time or short-term projects have also included assisting the Homeless Support Team (HoST) with encampment clean-ups and other projects that support the City’s Clean & Safe initiative, such as palm frond removal after inclement weather and weed abatement. Funding would be secured prior to moving forward with any one-time projects.
In addition, the City has developed and enhanced the cityscape with new sites, such as Ishihara Park in 2017 and historic Belmar Park in 2021, and has plans to further develop existing sites, such as the planned Memorial Park Redevelopment and Expansion Project and the Santa Monica Airport Conversion Project (SMACP). The landscape maintenance contractor would be responsible for maintaining the landscaped areas created by these enhancements, at least until the end of the contract term when the City would have the opportunity to reassess its staffing resources. As a result, the recommended contract authority includes funds to account for both one-time projects and new routine sites. In these cases, funds would be encumbered by specific departments and used as needed.
Bidder Recommendation
Best Bidder Mariposa Landscaping, Inc.
Evaluation
Criteria
Price; the quality of the material or services offered; the ability, capacity and skill of the bidder to perform or provide the materials or services; the capacity of the bidder to perform the contract or provide the service promptly, within the time specified, and without delay or interference; the character, integrity, reputation, judgment, training, experience and efficiency of the bidder; any other factor that will further the intent set forth in Section 608 of the City Charter.
Municipal
Code
SMMC 2.24.180
Submittals Received
Brightview Landscape Services Inc. $19,618,932 SDG Enterprises $17,206,828 Mariposa Landscapes, Inc. $18,534,652 Stay Green $19,149,452
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Bid Data
Date
Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
05/29/2024 City's Online
Bidding Site
Santa Monica Daily Press 37 07/25/2024
Best Bidder Justification
Four bids were submitted and evaluated by a panel comprised of administrative and operations staff from the Public Landscape Division of the Public Works Department.
Although SDG was the lowest bidder, they received lower scores for experience and reference checks, and more importantly, did not account for the necessary wage requirements. The next lowest bidder, Mariposa Landscapes, Inc., received exceptional references, has skilled employees who provide good customer service and reliable equipment, and has an efficient and responsive management structure.
Environmental Review
The award of an agreement for the landscape maintenance of open spaces, facilities, and medians is categorically exempt from CEQA pursuant to Section 15301 (Class 1 - Existing Facilities) of the CEQA Guidelines. Section 15301 provides exemption for the operation, repair, maintenance, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The agreement is for the landscape maintenance across the city and would not expand or materially change existing facilities or operations. Therefore, the award agreement is categorically exempt pursuant to Section 15301 of the CEQA Guidelines.
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund, Beach Recreation Fund, Water Fund, Wastewater Fund, Airport Fund, Cemetery Fund, Clean Beaches Fund, Pier Fund, and the Big Blue Bus Fund to award a contract with Mariposa Landscapes for citywide landscape maintenance services.
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Contract Request
FY 2024-25
Request
Amount
(remaining
6 months)
Future Years
Amount
Department/CIP Account #
Total
Contract
Amount
$12,411 $113,573 60600011.550016 (BBB) $125,984
$63,382 $580,021 11500001.550010 (ACBH) $643,403
$19,592 $179,291 11500002.550010 (Beach) $198,883
$588 $5,379 01700015.529140 (CDD) $5,967
$317,189 $2,904,891 01500023.550010.40073 $3,222,080
$173,247 $1,587,640 01500023.550010 (Parks &Trash) $1,760,887 $1,755 $16,055 01420002.550180.99023 (ECL) $17,810
$152,977 $1,399,931 57500002.529220 (Airport) $1,552,908 $135,804 $1,242,775 59500001.550010 (Cemetery) $1,378,579 $683 $6,253 16500003.529070 (Engineer) $6,936
$2,646 $24,212 50500002.550010 (Charnock) $26,858
$32,367 $296,197 50500001.550010 (PARS/Arc) $328,564
$1,996 $18,263 51500001.529420 (MAPS) $20,259
$2,270 $20,772 51500001.529450 (SMURRF) $23,042
$249,888 $7,287,635 Special Projects (account provided
by requesting department) $7,537,524
$11,668 $1,673,301 Various (10% Contingency) $1,684,968 $1,178,463 $ 17,356,189 Total $18,534,652
Please note that a 2.5% escalation has been included in years 4 and 5 of this contract.
Future year funding is contingent on Council budget approval. Staff will evaluate service levels and submit a request for additional resources to address increased costs related to inflation as part of the FY 2025-27 Biennial Budget process. If funding is not available, service levels would need to be modified to align with available resources.
Prepared By: Leah Cornelius, Senior Administrative Analyst Approved Forwarded to Council
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Attachments:
A. Oaks_Initiative_Mariposa
B. Levine_Act_Mariposa
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5.F.a
Packet Pg. 219 Attachment: Oaks_Initiative_Mariposa (6672 : Award Bid #4489 and Execute Contract for Citywide Landscaping Services to Mariposa
5.F.b
Packet Pg. 220 Attachment: Levine_Act_Mariposa (6672 : Award Bid #4489 and Execute Contract for Citywide Landscaping Services to Mariposa Landscape,
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Packet Pg. 221 Attachment: Levine_Act_Mariposa (6672 : Award Bid #4489 and Execute Contract for Citywide Landscaping Services to Mariposa Landscape, City Council
Report
City Council Meeting: November 11, 2024
Agenda Item: 5.G
1 of 4
To: Mayor and City Council
From: Anuj Gupta, Director of Transportation, Department of Transportation, Finance & Administrative Services
Subject: Award Agreement to Vector Media, Inc. to Sell and Display Advertising on Big Blue Bus and Culver City Buses
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# 417 to Vector Media, Inc. for sales, administration and the installation and maintenance of advertising on Big Blue Bus and City of Culver City buses;
3. Authorize the City Manager to negotiate and execute a revenue share agreement with Vector Media, Inc. for two years with three, one-year renewal options.
Summary
Big Blue Bus (BBB), a division of the Santa Monica Department of Transportation (DOT), operates 194 transit buses across 69 square miles of greater Los Angeles providing more than 800,000 rides each month. BBB has offered exterior commercial advertising on its fleet of buses since the 1970’s. The advertising program currently provides annual calendar year revenue of $4 million. The revenue offsets operating expenditures to support revenue service delivery. As the current agreement with Vector Media, Inc. (Vector Media) expires on December 31, 2024, staff released a Request for Proposals (RFP) for the provision of advertising sales and posting services for BBB.
Based on a thorough review of the proposals submitted, the evaluation team recommends Vector Media to provide advertising sales and posting services, with a
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preference for the Revenue Share Plus Minimum Guaranteed Payment option within Vector Media’s bid.
Discussion
Big Blue Bus maintains a revenue-generating advertising program selling advertising space using a contractor to provide the sales and ad posting function. Commercial advertising revenues are an important supplemental revenue source supporting BBB’s transit operations.
On July 14, 2011, to maximize inventory and increase revenue, the City entered into a Memorandum of Understanding (MOU) with the City of Culver City wherein BBB became the advertising sales concessionaire for Culver CityBus. The MOU with Culver City was extended in 2016 and will continue through this new arrangement. Staff now manages advertising for a fleet of 194 Big Blue Buses and 56 Culver City buses.
Currently, the advertising program produces revenues of $4 million for the 2024 calendar year.
With the existing contract expiring on December 31, 2024, City staff issued a Request for Proposals (RFP) to sell and display advertising on Big Blue Bus and Culver CityBus buses. The City received two responses to the RFP. The proposals were evaluated based on criteria established in the RFP. Vector Media received the highest score. Staff recommends that the contract be awarded to Vector Media.
Since the COVID-19 pandemic, bus advertising revenues have been down industrywide. As a result, the estimated advertising revenues in the proposal are less than the expiring agreement which was signed in 2019. Vector offered two payment proposals, one with a Minimum Annual Guarantee (MAG) payment and one with a Revenue Share Plus Minimum Guaranteed Payment (REV). The revenue share guarantees BBB a certain percentage based on the amount of advertising dollars sold.
The minimum guaranteed payment connected with the revenue share is lower than the MAG proposal, but staff expects that sales projections from the revenue share will far
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exceed the MAG total. The REV option is the better choice in order to keep advertising sales revenues close to the existing budgeted level.
Vendor Selection
Bidder Recommendation
Best Qualified Firm Vector Media
Evaluation Criteria
(include all that apply)
Experience, competence/skill, capacity/ability to perform services promptly, sufficiency of financial resources, reputation, ability to provide future services as needed and price.
Municipal Code SMMC 2.24.190
RFPs Received (do not list cost/prices; add rows as needed for additional vendors) Intersection Vector Media
RFP Data
Posted On Posted On
Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
8/12/2024 City's Online
Bidding Site Santa Monica Daily Press 14 9/9/2024
Justification to Award
Staff interviewed two shortlisted firms. Based on this criteria and criteria in SMMC
2.24.190, staff recommends Vector Media as the best qualified firm to provide the selling and posting of advertising for Big Blue Bus and Culver CityBus. This based on the firm’s experience working as the City’s existing contractor, positive references from Vector Media clients nationwide, and its relevant staff experience. Additionally, the Vector Media team is technically skilled, which is highlighted by their hands-on approach and proven track record growing advertising revenue with BBB. Finally, their revenue proposal was the most robust of all the proposals.
Past Council Actions
Meeting Date Description
5/24/16 (attachment A) Agreement to Manage Culver City Bus Advertising Sales Program 11/12/19 (attachment B) Award Request for Proposal and enter into Agreement with Vector Media to Sell and Display Advertising on Big Blue Bus and Culver City Buses
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Environmental Review
The contract for bus advertising services is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines. The contract is covered by the commonsense exemption which states that CEQA does not apply “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The agreement will provide the City with advertising for its buses. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have significant impact on the environment.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. However, staff will monitor revenues under this new agreement and will make any appropriate adjustments during the FY2025-27 Biennial Budget process.
Prepared By: LaRhonda Staggers-Erwin, Finance & Grants Manager Approved Forwarded to Council
Attachments:
A. Attachment A Agreement to Manage Culver City Bus Advertising Sales Program (Web Link)
B. Attachment B Award Request for Proposal and enter into Agreement with Vector Media to Sell and Display Advertising on Big Blue Bus and Culver City Buses (Web Link)
C. OAKS_INITIATIVE_FORM
D. Levine_Act_Disclosure_Form_2.6.24
E. FY24-25_Living_Wage_Certification_Fillable
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CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection.
It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after 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 seekinga“publicbenefit.” Ifthe“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.
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Packet Pg. 226 Attachment: OAKS_INITIATIVE_FORM (6665 : Award Contract for Big Blue Bus Advertisement)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: Title:
Signature: Date:
Email: Phone:
Permit #
FOR CITY USE ONLY:
Bid/PO/Contract #
Vector Media Holding Corp
Marc Borzykowski, CEO
Chad Silver, President
Jim MacCurtain, CCO
Gary Greenstein, CRO
N/A
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Packet Pg. 227 Attachment: OAKS_INITIATIVE_FORM (6665 : Award Contract for Big Blue Bus Advertisement) City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
In 2022, California’s SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit City “Officers” from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or
(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form.
https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________
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Packet Pg. 228 Attachment: Levine_Act_Disclosure_Form_2.6.24 (6665 : Award Contract for Big Blue Bus Advertisement) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:
Please note this form is a public record and subject to a California Public Records Act request.
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Packet Pg. 229 Attachment: Levine_Act_Disclosure_Form_2.6.24 (6665 : Award Contract for Big Blue Bus Advertisement) 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
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Packet Pg. 230 Attachment: Levine_Act_Disclosure_Form_2.6.24 (6665 : Award Contract for Big Blue Bus Advertisement)
• 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
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Packet Pg. 231 Attachment: Levine_Act_Disclosure_Form_2.6.24 (6665 : Award Contract for Big Blue Bus Advertisement)
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
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Packet Pg. 232 Attachment: Levine_Act_Disclosure_Form_2.6.24 (6665 : Award Contract for Big Blue Bus Advertisement)
CITY OF SANTA MONICA
LIVING WAGE ORDINANCE
Certification for Providers of Services to the City of Santa Monica (Fiscal Year 24/25 – July 1, 2024 through June 30, 2025)
TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
The City of Santa Monica Municipal Code Chapter 4.65, Living Wage Ordinance (LWO), establishes a Minimum Wage of $20.32 per hour for certain employees of contractors providing services to the City where services exceed $54,200 or more and requires that contractors also provide the same health care and other benefits to employees’ same sex spouses and domestic partners as are provided to other employees’ spouses.
An employee covered by the LWO is any person who does not actually work as a manager, supervisor, or confidential employee, and who is not required to possess an occupational license.
The Living Wage Ordinance applies the services sought pursuant to this bid and bidders are required to prepare and return the Living Wage Certification Form. If the bidder is selected, the bidder must maintain payroll records that include, at minimum, the full name of each employee providing services under the contract, job classification and rate of pay. Bids that fail to include Certification Forms may be considered non-responsive and excluded from further consideration.
Please prepare the following certification if you are a contractor engaging in a contract for services with the City of Santa Monica in excess of $54,200.
Your signature on this certification grants the City permission to review any and all payroll books and records and any company documents pertaining to the benefits offered to employees to assure your compliance with the LWO during the term of the contract.
Please direct any questions to:
City of Santa Monica Finance Department
Attention: Living Wage Compliance Section
1685 Main Street, Mail Stop 09
Santa Monica, CA 90401
You can also contact staff regarding living wage ordinance questions by e-mail at [email protected] or by phone 310-458-8281.
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Packet Pg. 233 Attachment: FY24-25_Living_Wage_Certification_Fillable (6665 : Award Contract for Big Blue Bus Advertisement)
CITY OF SANTA MONICA
LIVING WAGE ORDINANCE CERTIFICATION
July 1, 2024 through June 30, 2025
TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
MINIMUM WAGE - $20.32 per hour
Please read, complete, and sign the following:
THIS CONTRACT IS SUBJECT TO THE LIVING WAGE ORDINANCE ☐ THIS CONTRACT IS NOT SUBJECT TO THE LIVING WAGE ORDINANCE ☐ If this contract is not subject to the Living Wage Ordinance requirements, please note the reason below and attach supporting documentation for exemption. For example, in order to be exempt pursuant to a collective bargaining agreement, a signed collective bargaining agreement must be attached. (a) contractor is a government agency and is exempt
(b) contractor is a City grantee and is exempt
(c) contractor is a non-profit corporation and is exempt (d) contractor is an employer whose employees are covered by a bona fide collective bargaining agreement where the waiver is explicitly set forth in an agreement in clear and unambiguous terms
(e) contractor is a corporation providing banking services The undersigned, on behalf of himself or herself individually and on behalf of his or her business or organization, hereby certifies that he or she is fully aware of Santa Monica’s Living Wage Ordinance (LWO), and the applicability of the LWO, and the applicability of the subject contract, as determined herein. The undersigned further agrees to be bound by all terms of the LWO, as mandated in all sections of Santa Monica Municipal Code, Chapter 4.65. If, at any time during the term of the contract, the answers to the questions posed herein change so that Contractor would be subject to the LWO, Contractor will promptly notify the Director of Finance in writing. Contractor further understands and agrees that the failure to comply with the LWO, this certification, or the terms of the Contract as it applies to the LWO, shall constitute a default of the Contract, which shall be grounds for termination. City shall have the right to examine all books and records of the Contractor as they relate to compliance with the LWO.
Payroll records shall at a minimum include the full name of each employee performing labor or providing services under the contract, job classification, and rate of pay.
These statements are made under penalty of perjury under the laws of the State of California.
Printed Name: Title:
Signature: Date:
Contractor: Bid Number (if applicable):
Service Description:
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Report
City Council Meeting: November 11, 2024
Agenda Item: 5.H
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Architecture Services Heather Averick, Director, Housing and Human Services Department Subject: Award Bid Modification for the Virginia Avenue Park Commercial Kitchen and Thelma Terry Center Improvements Project
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemptions pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement/Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines;
2. Approve Bid #SP2644 award modification for the Virginia Avenue Park Commercial Kitchen and Thelma Terry Center Improvements Project for the Public Works Department;
3. Authorize the City Manager to negotiate and execute a contract with SMA Builders Inc. in an amount not to exceed $1,974,000 (including a 20% contingency);
4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority;
5. Approve the Amended 2024-25 CDBG and HOME Annual Action Plan (Attachment G);
6. Authorize the City Manager to submit all documents required to submit the Amended 2024-25 CDBG and HOME Annual Plan to the U.S. Department of Housing and Urban Development (HUD); and
7. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
Summary
The Virginia Avenue Park Commercial Kitchen and Thelma Terry Center Improvements Project (Project) would replace the Thelma Terry Center building’s existing prep kitchen, office, and storage space with an all-electric, shared kitchen and food storage area, as well as renew community spaces with refreshed wall and floor finishes, new media
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equipment, new energy-efficient lighting, a new roof, access control, and a security system. On August 27, 2024, Council awarded a construction contract to SMA Builders Inc. for the Project in an amount not to exceed $1,534,500 (including a 10% contingency). However, staff now recommends a bid award modification and construction contract with SMA Builders Inc. in an amount not to exceed $1,974,000 (including a 20% contingency). With this bid award modification, staff is also seeking Council approval to proceed with a 20% contingency rather than the typical 10% contingency for construction contracts. The additional contingency would be used for any necessary additional scope associated with relocating Virginia Avenue Park programming and/or mitigating construction impacts to the neighborhood during construction. Staff anticipates needing up to two temporary trailers during construction to accommodate the Virginia Avenue Park after school program based out of the Thelma Terry Center building and currently serving 65 youth.
The Project is funded with a combination of Community Development Block Grant (CDBG) Funds and General Funds. Construction would begin winter 2024 and be completed within six months.
Council approved the original 2024-25 Annual Action Plan allocating $2.15 million in Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds on April 23, 2024. To allocate an additional $639,237 in CDBG funds to the Project, the City must submit an Amended 2024-25 Action Plan to the U.S.
Department of Housing and Urban Development (HUD). Communities that receive CDBG funds are required to use their funds in a timely manner. Further delay of the Project and the failure to draw down funds will result in noncompliance with HUD’s timeliness requirement and could jeopardize the City’s future CDBG funding. Staff is now recommending that Council approve the Amended FY 2024-25 Annual Action Plan (Attachment G) so that the Project may move forward.
Discussion
Virginia Avenue Park, located at 2200 Virginia Avenue, is recognized as a community hub that empowers families, shapes programming, celebrates culture and tradition, and
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maintains the vibrant spirit of the Pico Neighborhood. The Virginia Avenue Park Commercial Kitchen and Thelma Terry Center Improvements Project (Project) would be implemented at the Thelma Terry Center building, in the heart of Virginia Avenue Park.
The Project would replace the building’s underutilized prep kitchen. The renovation of the existing prep kitchen, office, and storage space would accommodate an all-electric, shared kitchen and food storage area that would cultivate the Pico Neighborhood and surrounding community food entrepreneurs and support ongoing programming by providing affordable shared commercial kitchen space, mentorship, and market opportunities. The Project would also renew community spaces with refreshed wall and floor finishes, new media equipment, new energy-efficient lighting, a new roof, access control, and a security system in the one-story Thelma Terry Center building.
On August 27, 2024, Council awarded a construction contract to SMA Builders Inc. for the Project in an amount not to exceed $1,534,500 (including a 10% contingency).
However, before the contract could be fully executed, SMA Builders Inc. informed City staff on September 17, 2024, that their original bid was $250,000 short (underbid) because 1) several sub-contractors increased their bids, and 2) SMA Builders Inc. did not include the full cost for Labor & Material Payment and Performance Bonds in their original bid. SMA Builders Inc. provided the following detailed explanation for the $250,000 shortfall:
• Plumbing – Original plumbing subcontractor, Roov Plumbing, unable to perform under original bid of $75,000. SMA Builders Inc. received revised bid of $220,000 from Suttles Plumbing, resulting in a bid increase of $145,000. • Electrical – Original electrical subcontractor increased bid by $45,000. • Low Voltage/ADT – Original low voltage subcontractor increased bid by $25,000. • Bond – SMA Builders Inc. did not include the full cost for Labor & Material Payment and Performance Bonds in the original bid, resulting in a bid increase of $35,000.
Staff acknowledges that SMA Builders Inc. had opportunities to communicate the shortfall prior to September 17, 2024. SMA Builders Inc. submitted their bid on April 24,
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2024, and received two follow-up emails via OpenGov Procurement: 1) an “Award Recommendation” email stating the Project had been recommended to SMA Builders Inc. on July 9, 2024, and 2) a “Project Awarded” email on September 5, 2024, (following Council’s award). However, in the interest of those who would be served by this Project, to avoid further delay which could jeopardize the City’s future CDBG funding, and given that SMA Builders Inc.’s revised bid price remains significantly lower than the next lowest bidder, City staff accepts SMA Builders Inc.’s explanation for the bid increase and still recommend SMA Builders Inc. as the best and lowest bidder based on bid price and experience. Additionally, if the services were rebid, it would add more time and likely increase costs due to inflation.
To ensure SMA Builders Inc. does not exceed the revised award amount, staff will communicate clear expectations regarding the not to exceed award amount and the importance of managing costs, schedule regular budget and performance reviews with SMA Builder Inc. to evaluate their adherence to the budget and identify any potential budget concerns proactively, and implement a strict change order process that closely examines any scope changes or additional costs for reasonableness and necessity.
Bidder Recommendation
Best Bidder SMA Builders Inc.
Evaluation Criteria Price, Experience
Municipal Code SMMC 2.24.180
Submittals Received
Vendor Total
(base bids and alternate bids)
SMA Builders Inc. $1,645,000*
MZN Construction, Inc. $2,659,000
* Revised base bid.
Bid Data
Date
Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date
Publicly
Opened
2/29/2024 City's Online
Bidding Site
Santa Monica Daily
Press
94 4/24/2024
Best Bidder Justification
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Staff recommends SMA Builders Inc. as the best bidder based on bid price and experience. The recommended bidder has demonstrated the ability to perform and complete quality work on past projects in Los Angeles.
To allocate additional CDBG funds to the Project, the City must submit an Amended 2024-25 Action Plan to HUD. Council approved the original 2024-25 Annual Action Plan allocating $2.15 million in Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds on April 23, 2024. The Amended FY 2024-25 Annual Action Plan (Attachment G) proposes to allocate an additional $639,237 in CDBG funds to the Project. This amount consists of $500,000 originally allocated to the 19th Street Parcel Development - Phase II project and $139,267 in savings from CDBGfunded capital projects completed in FY 2023-24. After purchasing the vacant 2018 19th Street parcel with CDBG and General Funds back in FY 2019-20, the City remains obligated to transform the site into a community amenity, in this case an agricultural space that will benefit neighborhood residents. With construction for 19th Street Phase I on track to begin in Spring 2025, the delay in Phase II funding is not expected to have significant impacts on the project’s overall timeline. CDBG funding for 19th Street Phase II would be prioritized for FY 2025-26 to ensure that the project continues to move forward as planned.
Public Participation
Pursuant to Municipal Code Section 2.68.050, and in alignment with HUD regulations, the City is required to hold a public hearing prior to Council approval of a substantial amendment to the Annual Action Plan. To meet the requirement, staff advertised a public hearing on the Amended 2024-25 Annual Action Plan, which was held at the October 17, 2024, meeting of the Recreation and Parks Commission (RPC). The amended plan was also made available for a 30-day public review period beginning October 4, 2024. Both the public hearing and the public review period were advertised in the Santa Monica Daily Press and on the City’s CDBG/HOME page. Invitations to participate also went out via email to local service providers, neighborhood associations, and Housing and Human Services boards, commissions, and workgroups.
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Notices invited participation from Spanish speakers and offered accommodations for people with disabilities upon request. Taken together, these outreach and engagement strategies are part of a concerted effort to obtain meaningful public input during preparation of the amended plan.
During the public hearing, the RPC voted unanimously to recommend that Council approve the Amended 2024-25 Action Plan, contingent on prioritization of funding for 19th Street – Phase II in the 2025-26 Annual Action Plan, with funds being available for use on July 1, 2025. The totality of all public comments received to-date, including additional input from individual RPC commissioners, is included in the Summary of Public Comments and Input on the final page of the attached Proposed Amended FY 2024-25 Annual Action Plan. Any additional input received or submitted in response to this Council agenda item would be incorporated into the final version of the Annual Action Plan prior to submittal to HUD.
Environmental Review
The project is categorically exempt from CEQA pursuant to Section 15301 and Section 15302 of the CEQA Guidelines. Section 15301 exempts Class 1 (Existing Facilities) projects from CEQA, which include the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Section 15302 exempts Class 2 (Replacement or Reconstruction) projects which include the replacement or reconstruction of existing structures and facilities where the new structure would be located in the same site as the structure replaced and would have substantially the same purpose and capacity as the structure replaced. The project would renovate the existing city facility at 2200 Virginia Avenue, and therefore, it has been determined that the project would fall within the Class 1 and Class 2 categorical exemptions. Furthermore, none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this project.
Past Council Actions
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Meeting Date Description
12/10/19 (Attachment A) Request of Councilmembers Jara, Morena, and O’Day to identify ways to streamline and accelerate community
economic development – Item 13.D
06/22/21 (Attachment B) FY 21-23 Biennial Capital Improvement Program Budget – Addendum to FY 20-22 CIP Budget – Virginia Avenue
Park Commercial Kitchen
06/28/22 (Attachment C) FY 22-24 Biennial Capital Improvement Program Budget – Thelma Terry Center Improvements
06/27/23 (Attachment D) FY 23-25 Biennial Capital Improvement Program Budget – Addendum to FY 22-24 CIP Budget – Virginia Avenue
Park Commercial Kitchen
04/23/24 (Attachment E) Approval of FY 2024-25 Annual Action Plan 08/27/24 (Attachment F) Award of Construction Contract to SMA Builders Inc.
Financial Impacts and Budget Actions
The Amended FY 2024-25 Annual Action Plan proposes to reallocate a total of $639,267 in CDBG funds to the Project, which includes $500,000 originally allocated to 19th Street Parcel Development - Phase II and $139,267 in savings from CDBG-funded capital projects completed in FY 2023-24. Funding for 19th Street - Phase II will be prioritized for inclusion in the FY 2025-26 Action Plan, ensuring that the funds are available for use by July 2025 when they are needed.
Further, the Project was originally budgeted as two separate CIPs: VAP Commercial Kitchen (C1908130) and Thelma Terry Center Improvements (C1908490). As the construction contract combines work for both components, staff recommends consolidation of all funding for the Project under a single CIP, Thelma Terry Center Improvements (C1908490). This includes both appropriation of the additional $639,267 in CDBG funds detailed above, and the transfer of $650,000 currently budgeted to the VAP Commercial Kitchen (C1908130), per the table below.
Approval of the recommended actions requires the following budget amendment (5 votes):
FY 2024-25 Budget Amendment
Release Funds Appropriate Funds
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Account Number Amount Account Number Amount
C1908820.689000
19th St Open Space Project
- Phase 1
$500,000 C1908490.689000
Thelma Terry Center
Improvements
$1,289,267
19.366595
CDBG restricted funds
$139,267
C1908130.689000
VAP Commercial Kitchen
$650,000
With Council approval of the above budget amendment and bid award modification, staff seeks authority to approve available funding from the CDBG Fund and General Fund to execute a contract with SMA Builders Inc. in an amount not to exceed $1,974,000 (including a 20% contingency).
Contract Request
Funding
Source
FY 2024-25
Request Amount
Department/CIP
Account #
Total Contract
Amount
CDBG Fund $1,654,500
C1908490.689000
Thelma Terry Center
Improvements
$1,654,500
General
Fund $174,500
C0104580.689000
Citywide Facilities
Renewal Program
$174,500
General
Fund $145,000 01500003.552010 Professional Services $145,000 Total $1,974,000
Prepared By: Linda Cogswell, CIP Project Manager
Approved Forwarded to Council
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Attachments:
A. December 10, 2019 Staff Report (Web Link)
B. June 22, 2021 Staff Report (Web Link)
C. June 28, 2022 Staff Report (Web Link)
D. June 27, 2023 Staff Report (Web Link)
E. April 23, 2024 Staff Report (Web Link)
F. August 27, 2024 Staff Report (Web Link)
G. 2024-25 Action Plan Amendment
H. Oaks Initiative Form - SMA Builders Inc.
I. Levine Act Disclosure Form - SMA Builders Inc.
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Public Review - October 2024
For CDBG and HOME funds received through the
U.S. Department of Housing and Urban Development
City of Santa Monica
2024 - 2025 Action Plan (Amended)
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Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
The 2024-25 Annual Action Plan represents the fifth and final year of the City of Santa Monica’s 2020-24 Consolidated Plan, as adopted by Council on June 9, 2020 and approved by the U.S. Department of Housing and Urban Development (HUD). The Annual Action Plan is prepared in response to a consolidated process developed by HUD for the Community Development Block Grant (CDBG) and the Home Investment Partnership Act (HOME) programs.
The Consolidated Plan outlines housing, community, and economic development needs, priorities, strategies, and projects to be undertaken by the City of Santa Monica with the funds received from the U.S. Department of Housing and Urban Development (HUD). As an entitlement jurisdiction, the City receives an annual share of federal Community Development Block Grant (CDBG) and HOME funds. In order to receive its CDBG and HOME entitlement, the City must submit an Annual Action Plan to HUD prior to the start of each program year. CDBG and HOME funds are intended to provide lower and moderate-income households with viable communities, including decent housing, a suitable living environment, and expanded economic opportunities. Eligible activities include community facilities and improvements, housing rehabilitation and preservation, development activities, public services, economic development, planning, and program administration.
The Annual Action Plan serves the following functions: 1) a planning document for the City, which builds upon a citizen participation process; 2) an application for federal funds under HUD’s formula grant programs; 3) a strategy for the upcoming fiscal year that describes programs and projects to be undertaken to meet established goals; and 4) a basis for assessing performance. It is important to note that the Consolidated Plan identifies priority community needs and establishes a framework for goals to be achieved during the 2020-24 five-year period. The priority needs and associated goals detailed in the Consolidated Plan serve as the basis for the programs and activities identified in this 2024-25 Annual Action Plan.
Following submittal of Santa Monica’s original Council-approved Action Plan, the City received construction bids for the Virginia Avenue Park (VAP) Thelma Terry Improvements / Community Kitchen project that significantly exceeded the amount of funding previously allocated to the project. In a demonstration of the City’s commitment to advancing a project that has already navigated numerous challenges, and which many community members continue to eagerly await, the City has prepared this substantially amended 2024-25 Annual Action Plan. The amended plan allocates an additional $639,237
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in CDBG funds to the project, an amount consisting of $500,000 originally allocated to the 19th Street Parcel Development - Phase II project in the 2024-25 Annual Action Plan and $139,267 in prior-year savings from CDBG-funded capital projects completed in FY 2023-24. CDBG funding for 19th Street - Phase II will be prioritized in a future year in order to complete the transformation of a vacant land parcel purchased with CDBG funds several years back into a community garden that will benefit residents of the surrounding neighborhood for years to come.
2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.
Priorities identified in the 2020-24 Consolidated Plan are based on input and recommendations from City staff, local organizations, and the public participation process. The strategies described herein advance Santa Monica’s goals for assisting low-and moderate-income persons and neighborhoods with funds made available through the 2020-24 Consolidated Plan and Annual Action Plans. The affordable housing and development needs of a community will always outweigh the resources available to address those needs. Therefore, it is necessary to prioritize the use of available funds to the highest and best use to meet the most pressing needs for community development, economic development, housing, persons experiencing homelessness, and special needs populations. For details regarding the activities identified in this 2023-24 Annual Action Plan and their relation to the objectives listed below, please refer to sections AP-20 (Annual Goals and Objectives) and AP-35 (Projects). The City’s objectives, goals and anticipated outcomes identified in the 2020-24 Consolidated Plan are shown in the following table.
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2020-24 Consolidated Plan Goals
3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.
Accomplishments by City Departments and numerous non-profit organizations are submitted to HUD annually via the Consolidated Annual Performance and Evaluation Report (CAPER) and the Integrated Disbursement and Information System (IDIS) following the end of each program year. The list below identifies some of the accomplishments reported on the 2022 CAPER for activities completed through the third year of the current 2020-24 Consolidated Plan. • 638 households supported through the COVID-19 Emergency Rental Assistance Program (CDBG,
CDBG-CV)
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• 151 households receiving tenant-based rental assistance (TBRA) to subsidize rental expenses (HOME)
• Home accessibility modifications to 21 units for special needs populations, including the elderly, frail elderly, and persons with disabilities (CDBG)
• Legal services to 2031 low-income program participants to promote access to justice, fair housing, and strengthen communities (CDBG)
• Job training, readiness workshops, and employment to 432 participants (CDBG) • Housing retention and supportive services to 423 formerly homeless individuals in the Continuum of Care program (CDBG)
The City recognizes that the evaluation of past performance is critical to ensuring the City and its subrecipients are implementing activities effectively and that those activities align with the City’s overall strategies and goals. The City will continue to track performance of programs and the 2020-24 Consolidated Plan strategies to ensure steady progress toward established five-year goals.
4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.
The City considers the involvement of its low- and moderate-income residents to be essential to the development and implementation of its Consolidated Plan and Annual Action Plans. To that end, residents and community stakeholders of Santa Monica played a significant role in the preparation of the 2020-24 Consolidated Plan. The City utilized the requirements and strategies for citizen participation detailed with the municipal code to encourage robust community input. Actions taken by the City to obtain citizen participation included presentations at City Commission meetings, online/website communication, community stakeholder interviews, a widely distributed online survey, public notices, and public hearings.
Well-publicized public hearings were held at City Commission meetings in February 2020, and the original draft 2020-24 Consolidated Plan and 2020-21 Annual Action Plan were available for a thirty-day public review and comment period starting on March 16, 2020. Following the receipt of CARES Act funding, the City incorporated the use of CDBG-CV funds into the Consolidated Plan and 2020-21 Annual Action Plan. The revised plans were republished for an expedited five-day review and comment period pursuant to the flexibility provided under the CARES Act. The completed plans were approved by City Council on June 9, 2020. These sessions were part of a concerted effort to obtain as much public input as possible in the preparation of the Plans. The 2020-24 Consolidated Plan and 2020-21 Annual Action Plan were amended in October 2020 to incorporate an additional allocation of CARES Act funding (CDBG-CV3), which increased resources available for the City's COVID-19 Emergency Rental Assistance Program (ERAP).
In order to inform development of this 2024-25 Annual Action Plan and its subsequent substantial amendment, and in accordance with Chapter 2.68 of the Santa Monica Municipal Code, the City
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advertised public hearings to receive input on the development of the original and amended plans, which were held at the March 21, 2024 and October 17, 2024 meetings of the Recreation and Parks Commission. The plans were subsequently made available for well-advertised 30-day public review periods beginning March 22, 2024 and October 4, 2024. The City Council formally approved the 2024-25 Annual Action Plan at its April 23, 2024 meeting and will consider approval of the amended plan at its November 11, 2024 meeting. The public hearings and public review periods were both noticed in accordance with the municipal code and included official notices in the Santa Monica Daily Press, email notification to local grantees, service providers, neighborhood associations, and Housing and Human Services boards, commissions, and workgroups. hTe public input strategy for the original Action Plan also included a notice in the SaMoNews email blast to over 40K Santa Monica community members. Notices invited participation from Spanish speakers and offered accommodations for people with disabilities upon request. Taken together, these outreach and engagement strategies are part of a concerted effort to obtain significant public input during preparation of the plans.
Following HUD’s acceptance of the amended plan, the final Amended 2024-25 Annual Action Plan will be made available online at https://www.santamonica.gov/community-development-block-grant-andhome-investment-partnership-programs. Hard copies can be requested by contacting the Housing and Human Services Department at (310) 458-8310 or [email protected].
The City’s municipal code will continue to guide the preparation and/or revision of the Consolidated Plan, Annual Action Plans, and Consolidated Annual Performance & Evaluation Reports (CAPERs) over the final remaining program year in the 2020-24 Consolidated Plan.
5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.
A final accounting of any feedback or comments received in response to outreach efforts, including the aforementioned public hearings, during the 30-day public review periods, or at the Council meetings held on April 23, 2024 and November 11, 2024 is included in the Public Participation attachment to the final, Council-approved Amended 2024-25 Annual Action Plan. Copies of all public hearing and public review notices to participate and all input received will be incorporated into the Annual Action Plan prior to final submission to HUD, to the extent possible.
6. Summary of comments or views not accepted and the reasons for not accepting them All comments and input received will be accepted and documented in the Public Participation attachment to the final Amended 2024-25 Annual Action Plan.
7. Summary
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Not applicable.
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PR-05 Lead & Responsible Agencies – 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency
CDBG Administrator SANTA MONICA Housing and Human Services Department HOME Administrator SANTA MONICA Housing and Human Services Department Table 1 – Responsible Agencies
Narrative (optional)
The City of Santa Monica’s Housing and Human Services Department (HHSD) served as the lead agency in coordinating development of the 2024-25 Annual Action Plan and the subsequent substantial amendment. HHSD staff is currently responsible for administration of Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds and works to ensure a consistent approach to administering projects and progressing towards goals. In addition, HHSD works with public agencies, for-profit, and non-profit organizations that play a part in the provision of affordable housing and community services in Santa Monica.
The City currently uses HOME funding for Tenant Based Rental Assistance (TBRA) and continues to closely monitor available federal funding, adjusting its lease up as necessary. The City adheres to income limits established by HUD in order to determine eligibility for programs and for income targeting purposes. Income eligibility is determined by comparing the annual income of an applicant to the applicable income limits for their family size. In order to be income eligible a family must be a very low-income, low-income, or moderate-income family.
Consolidated Plan Public Contact Information
Housing and Human Services Department
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1685 Main Street
MS22
Santa Monica, CA 90401
Phone: 310-458-8310
[email protected]
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)
1. Introduction
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City of Santa Monica is one of 88 cities in Los Angeles County and is geographically surrounded by the City of Los Angeles. Santa Monica has maintained a robust investment of local resources in human services, including services for people who are homeless. The City continues to be impacted by the overall rise in need for social services in the region, and encourages surrounding communities to take on their fair share of the cost and resource burden of providing services for people who are homeless.
The City coordinates resources and services through the Human Services Division (HSD), which includes a Homeless Prevention and Intervention Team of 5 FTE. The City's approach is aligned with Continuum of Care (CoC) priorities and best practices. HSD also supports a community-wide safety net that provides services to seniors, people with disabilities, youth, families, and low-income households to promote housing stability, economic opportunities, education, and health.
The City continues to develop progressive and compassionate solutions that foster access to appropriate housing and services in every community, drawing on regional resources. Beginning in 2015, the City has participated in the development and implementation of Los Angeles County's Homeless Initiative, which has a spending plan of $783 million for fiscal year 2024-2025 to address homelessness regionwide. Santa Monica is an active participant in the Westside Cities Council of Governments (WSCCOG) and receives Homelessness Initiative funding via the WSCCOG's Local Solutions Fund for homelessness prevention and intervention efforts. The City is also a member of the Westside Coalition which is an alliance of 75 organizations, public agencies and faith communities committed to working collaboratively on issues of housing, hunger, and health through service coordination and education.
The City has the opportunity to expand services addressing homelessness using two new funding streams, Measure CS and Measure GS, approved by Santa Monica voters in November 2022. The new on-going revenue streams that will be generated through Measures CS and GS will provide funding to develop a comprehensive homelessness strategic plan and accelerate the City's work on addressing homelessness, producing and preserving affordable housing, and maintaining clean and safe public spaces. A number of activities funded under Measure CS are underway, including preparation of a comprehensive Homelessness Strategic Plan (HSP), expansion of the City's homeless multi-disciplinary teams, redesign of the SAMOSHEL interim housing program to accommodate 24/7 intakes, and efforts to expand the Police Department's Homeless Liaison Program (HLP). Such a significant level of investment presents a ground-breaking opportunity for the City to embark on implementing the
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recommendations laid out in the City's 2023 Homelessness Report. Planning and organizational adjustments may begin as early as FY 2024-25 for what will likely be a multi-year Measure GS implementation strategy.
The City is committed to continuing to work with regionwide partners to develop progressive and compassionate solutions that foster access to appropriate housing and services in every community.
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.
The City coordinates with the Continuum of Care (CoC) by actively participating in the Los Angeles County Homeless Initiative which is driven by the County Executive Office and the Los Angeles Homeless Services Authority (LAHSA) as the CoC lead agency. Santa Monica is focusing especially on County strategies that create a coordinated system, subsidize housing, and increase the supply of affordable housing. This plan has been effective in bringing regional partners together to form collaborative efforts and improving coordination between public (housing authorities, County Depts. of Mental Health, Public Health, Health Services and Public Social Services) and private (foundations, corporations, housing developers, nonprofit organizations, and faith-based communities) housing and services. The City has participated in the development and implementation of the Continuum of Care Coordinated Entry System (CES), in accordance with HUD requirements. CES seeks to standardize the assessment process to ensure people who are homeless are matched to the most appropriate housing options, while enhancing coordination of housing and services through intensive collaboration. CES brings together local resources with county departments, housing authorities, mainstream benefits, the Veterans Administration (VA), and private sector partners. Staff from the City's Housing and Human Services Department also participates in CoC planning meetings, quarterly CoC meetings and LAHSA Commission meetings to provide comment on critical CoC issues such as performance measures, evaluation tools, and NOFA prioritization.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS While the City of Santa Monica does not administer ESG funds, the City is part of the Los Angeles Continuum of Care (CoC) led by the Los Angeles Homeless Services Authority (LAHSA). LAHSA establishes priorities for the CoC, including performance standards, evaluation, and Coordinated Entry System procedures. The City participates in quarterly CoC meetings to discuss funding priorities, evaluation tools and performance measures. All CoC funded programs are required to submit Annual Performance Reports (APR) to the CoC lead agency LAHSA. The City manages an independent Homeless Management Information System (HMIS) that was initially funded through HUD CoC and is currently supported with
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local general funds. The City s meets weekly with its current HMIS vendor, LAHSA's current HMIS vendor, and LAHSA with the goal of fully transitioning to LAHSA's HMIS during FY 2024-25, which will improve care and case coordination. Local consent forms and policies are consistent with CoC standards.
City-funded programs share this common computerized database to track unduplicated participants and their outcomes, as well as to coordinate case management within the system. Santa Monica was one of the first communities nationally to build the Vulnerability Index assessment into an existing HMIS, which allowed for the full integration of the Service Registry into HMIS to improve case coordination and outcome reporting.
2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Human Services Commission
Agency/Group/Organization Type Other government - Local City Commission
What section of the Plan was addressed by Consultation? Homelessness Strategy Non-Homeless Special Needs
Public Services
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Commission Meetings
2 Agency/Group/Organization Disabilities Commission
Agency/Group/Organization Type Other government - Local City Commission
What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Commission Meetings
3 Agency/Group/Organization Housing Commission
Agency/Group/Organization Type Other government - Local City Commission
What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Commission Meetings
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4 Agency/Group/Organization Early Childhood Task Force
Agency/Group/Organization Type Advisory Group
What section of the Plan was addressed by Consultation? Services for Youth and Families Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Advisory Group Meetings
5 Agency/Group/Organization Virginia Avenue Park Advisory Board Agency/Group/Organization Type Other government - Local Advisory Board
What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Public Services
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Advisory Board Meetings
6 Agency/Group/Organization Cradle to Career Group
Agency/Group/Organization Type Advisory Group
What section of the Plan was addressed by Consultation? Economic Development Services for Youth and Families
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Advisory Group Meetings
7 Agency/Group/Organization Senior & Disability Housing Task Force Agency/Group/Organization Type Services - Housing
Services-Elderly Persons
Services-Persons with Disabilities
What section of the Plan was addressed by Consultation? Non-Homeless Special Needs
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Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Workgroup Meetings
8 Agency/Group/Organization St. Joseph Center
Agency/Group/Organization Type Services-homeless
Non-Profit
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? City-funded agency coordinates service provision
with City; Participates in meetings as-needed.
9 Agency/Group/Organization Meals on Wheels West
Agency/Group/Organization Type Services-Elderly Persons Services-Persons with Disabilities
Non-Profit
What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? City-funded agency coordinates service provision
with City; Participates in meetings as-needed.
10 Agency/Group/Organization Hospitality Training Academy (HTA) Agency/Group/Organization Type Services-Employment
Non-Profit
What section of the Plan was addressed by Consultation? Economic Development Job Training
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Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? City-funded agency coordinates service provision
with City; Participates in meetings as-needed.
11 Agency/Group/Organization Venice Family Clinic
Agency/Group/Organization Type Services-Health
Non-Profit
What section of the Plan was addressed by Consultation? Homeless Needs - Families with children Non-Homeless Special Needs
Family Health Services
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? City-funded agency coordinates service provision
with City; Participates in meetings as-needed.
12 Agency/Group/Organization Chrysalis
Agency/Group/Organization Type Services-Employment
Non-Profit
What section of the Plan was addressed by Consultation? Economic Development Job Training
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? City-funded agency coordinates service provision
with City; Participates in meetings as-needed.
13 Agency/Group/Organization Upward Bound House
Agency/Group/Organization Type Services-homeless
Non-Profit
What section of the Plan was addressed by Consultation? Homeless Needs - Families with children Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Service Provider participates in meetings asneeded.
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14 Agency/Group/Organization WISE & Healthy Aging
Agency/Group/Organization Type Services-Elderly Persons Non-Profit
What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Services for Seniors
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? City-funded agency coordinates service provision
with City; Participates in meetings as-needed.
15 Agency/Group/Organization JVS SoCal
Agency/Group/Organization Type Services-Employment
Non-Profit
What section of the Plan was addressed by Consultation? Economic Development Job Training
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? City-funded agency coordinates service provision
with City; Participates in meetings as-needed.
16 Agency/Group/Organization Westside Food Bank
Agency/Group/Organization Type Non-Profit
What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Food Insecurity
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? City-funded agency coordinates service provision
with City; Participates in meetings as-needed.
17 Agency/Group/Organization CLARE|MATRIX
Agency/Group/Organization Type Services-Health
Non-Profit
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What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homelessness Strategy
Non-Homeless Special Needs
Public Services
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? City-funded agency coordinates service provision
with City; Participates in meetings as-needed.
18 Agency/Group/Organization Providence Saint Johns
Agency/Group/Organization Type Services-Children
Services-Health
Non-Profit
What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Public Services
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Service Provider participates in meetings asneeded.
19 Agency/Group/Organization Legal Aid Foundation of Los Angeles Agency/Group/Organization Type Service-Fair Housing
Non-Profit
What section of the Plan was addressed by Consultation? Fair Housing Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? City-funded agency coordinates service provision
with City; Participates in meetings as-needed.
20 Agency/Group/Organization Santa Monica college
Agency/Group/Organization Type Services-Education
What section of the Plan was addressed by Consultation? Public Services
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Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? City-funded agency coordinates service provision
with City; Participates in meetings as-needed.
21 Agency/Group/Organization Santa Monica Boys and Girls Club Agency/Group/Organization Type Services-Children
Non-Profit
What section of the Plan was addressed by Consultation? Services for Youth and Families Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? City-funded agency coordinates service provision
with City; Participates in meetings as-needed.
22 Agency/Group/Organization The People Concern
Agency/Group/Organization Type Services - Housing
Services-homeless
Non-Profit
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? City-funded agency coordinates service provision
with City; Participates in meetings as-needed.
23 Agency/Group/Organization Step Up on Second, Inc.
Agency/Group/Organization Type Services - Housing
Services-homeless
Non-Profit
What section of the Plan was addressed by Consultation? Housing Need Assessment Homelessness Strategy
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Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Service Provider participates in meetings asneeded.
24 Agency/Group/Organization Connections for Children
Agency/Group/Organization Type Services-Children
Non-Profit
What section of the Plan was addressed by Consultation? Services for Youth and Families, Childcare Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? City-funded agency coordinates service provision
with City; Participates in meetings as-needed.
25 Agency/Group/Organization Family Service of Santa Monica/Vista Del Mar Agency/Group/Organization Type Services-Children
Non-Profit
What section of the Plan was addressed by Consultation? Services for Youth and Families Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? City-funded agency coordinates service provision
with City; Participates in meetings as-needed.
26 Agency/Group/Organization Growing Place
Agency/Group/Organization Type Services-Children
Non-Profit
What section of the Plan was addressed by Consultation? Services for Youth and Families, Childcare Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? City-funded agency coordinates service provision
with City; Participates in meetings as-needed.
27 Agency/Group/Organization Disability Community Resource Center Agency/Group/Organization Type Services-Persons with Disabilities Non-Profit
What section of the Plan was addressed by Consultation? Non-Homeless Special Needs
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Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? City-funded agency coordinates service provision
with City; Participates in meetings as-needed.
28 Agency/Group/Organization Haven Neighborhood Services Agency/Group/Organization Type Non-Profit
What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Services for Youth and Families
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? City-funded agency coordinates service provision
with City; Participates in meetings as-needed.
29 Agency/Group/Organization Social & Emotional Wellness Initiative Agency/Group/Organization Type Non-Profit
What section of the Plan was addressed by Consultation? Services for Youth and Families Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? City-funded agency coordinates service provision
with City; Participates in meetings as-needed.
30 Agency/Group/Organization Community Corporation of Santa Monica Agency/Group/Organization Type Services - Housing
Non-Profit
What section of the Plan was addressed by Consultation? Housing Need Assessment Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Low-income housing provider; Participates in
meetings as-needed.
Identify any Agency Types not consulted and provide rationale for not consulting The City of Santa Monica continues to consult with a wide variety of agencies and organizations involved in activities that are relevant to CDBG and HOME activities and programs. The City also takes steps to ensure widespread awareness of the development of the Annual Action Plan and
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is intentional about creating opportunities for meaningful feedback from a diverse group of service providers, stakeholders, and community members
Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each
plan?
Continuum of Care Los Angeles Homeless Services Authority Homelessness Strategy Land Use and Circulation Element City City Vision and Goals Housing Element City City Guidelines and Plans for Housing Action Plan to Address Homelessness City Homelessness Strategy SMHA Public Housing Five-Year Plan Housing Authority Coordination of Efforts Analysis of Impediments to Fair Housing Choice Housing Authority Fair Housing Objectives & Plan Assessment of Fair Housing Housing Authority Fair Housing Objectives & Plan Human Services Grant Program Funding Guidelines City Coordination of Efforts Youth Wellbeing Report Card City Programs for Youth and Teens Youth Violence Prevention in SM: An Action Plan City Programs for Youth and Teens 2018 Resident Satisfaction Survey City City Vision and Goals City Council Priorities City City Vision and Goals
Homelessness Resource Coordination Meetings City Homelessness Strategy Westside Cities Council of Governments (WSCCOG) me Council of Governments (COG) Coordination of Efforts Analysis of Local Tenant Protections City Tenant Protection Recommendations Behavioral Health Feasibility Study City City Vision and Goals Aging & Disability Strategic Planning City City Vision and Goals Homelessness Strategic Plan City Homelessness Strategy
Table 3 – Other local / regional / federal planning efforts
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Narrative (optional)
The City of Santa Monica has established a number of commissions and advisory boards comprised of interested citizens to monitor the needs of the community and advise the City Council on the best way to address these needs, including the Disabilities Commission, Housing Commission, Human Services Commission, and the Virginia Avenue Park Advisory Board. The City also partners with several local non-profit organizations to ensure the adequate provision of housing and community services in Santa Monica. The organizations are invited to Commission meetings and to Public Hearings, and Council meetings, where their ideas, expressions of need, and information on program activities are sought. More information on the City’s non-profit partners for the Human Services Grants Program can be viewed at santamonica.gov/human-services-grantsprogram.
The City also works closely with a network of other private and public entities that constitute a comprehensive network of resources. These include key public and quasi-public agencies, coalitions and groups, such as the California Department of Housing and Community Development, California Employment Development Department, California Department of Aging, Federal Emergency Management Agency, Los Angeles County Department of Child and Family Services, Los Angeles County Department of Public Health, Los Angeles County Department of Health Services, Los Angeles County Department of Mental Health, Los Angeles County Department of Public Social Services, Los Angeles Homeless Services Authority, Los Angeles County Housing Authority, Los Angeles County Metropolitan Transportation Authority, Los Angeles County Development Authority, Santa Monica-Malibu Unified School District, United Way, and Westside Cities Council of Governments.
Funding for affordable housing is provided to nonprofit affordable housing organizations pursuant to the City’s Housing Trust Fund Guidelines and rental housing vouchers are provided pursuant to the Santa Monica Housing Authority’s 5-Year Administrative and Annual Plans. Social service delivery by non-profit agencies is coordinated through the City’s Human Services Grants Program which is approved annually by the City Council during the budget adoption process. The City Council approves projects and programs that meet the City’s goals. In addition, the Westside Coalition has representatives from agencies involved with emergency shelter, affordable housing, and supportive services on the Westside of Los Angeles County. The Coalition meets monthly to coordinate efforts, including advocacy in the county, state, and federal government.
In recognition of the importance of behavioral health and wellness as relevant to both Consolidated Plan goals and other City efforts, the City is currently developing a Behavioral Health Strategy with the goal of developing a holistic plan that proposes both short-term and long-term approaches to the myriad of issues facing our community in relation to mental health and substance abuse issues.
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In 2024, the City will be embarking on a strategic planning process to meet the needs of older adults and people with disabilities in Santa Monica, including housing and services related needs. In 2023, the City contracted with consultant Berry Dunn to develop a comprehensive homelessness strategic plan that will set clear policy direction, promote alignment across city stakeholders, and support regional efforts.
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AP-12 Participation – 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City considers the involvement of its low- and moderate-income residents to be essential to the development and implementation of its Five-Year Consolidated Plan and Annual Action Plans. The residents of Santa Monica played a significant role in the preparation of the Consolidated Plan. While developing the 2020-24 Consolidated Plan, the City’s municipal code was utilized to guide citizen input and participation as the City launched a collaborative effort to consult with elected officials, commissioners, City departments, community stakeholders, and beneficiaries of entitlement programs to inform and develop the priorities and strategies contained within the five-year plan.
Actions taken by the City to obtain citizen participation included: presentations at City meetings, online/website communication, stakeholder interviews, a widely distributed online survey, public notices, and public hearings. The City’s outreach and consultation strategies included the formation of community outreach partnerships with housing, service, and mental health providers; workforce developers; community advocates; and others. The City’s municipal code will continue to guide the preparation (and/or revision) of the Consolidated Plan, Annual Action Plans, and Consolidated Annual Performance Evaluation Reports (CAPERs) throughout the lone remaining program year in the 2020-24 Consolidated Plan.
In order to inform development of this 2024-25 Annual Action Plan, and in accordance with Chapter 2.68 of the Santa Monica Municipal Code, the City advertised a public hearing to receive input on the development of the 2024-25 Annual Action Plan at the March 21, 2024 meeting of the Recreation and Parks Commission. The 2024-25 Annual Action Plan was subsequently made available for a well-advertised 30-day public review period beginning March 22, 2024. The City Council formally approved the 2024-25 Annual Action Plan at its April 23, 2024 meeting. In order to solicit public input on the 2024-25 Amended Annual Action Plan, the City advertised a public hearing at the October 17, 2024 meeting of the Recreation and Parks Commission. The amended plan was subsequently made available for a well-advertised 30-day public review period beginning October 4, 2024. The City Council is scheduled to consider formal approval of the 2024-25 Amended Annual Action Plan at its November 11, 2024 meeting.
The public review periods and public hearings were noticed in accordance with the municipal code and included official notices in the Santa Monica Daily Press, email notification to local grantees, service providers, neighborhood associations, and Housing and Human Services boards, commissions, and workgroups. The public input strategy for the original Action Plan also included a notice in the SaMoNews email blast to over 40K Santa Monica community members. Notices invited
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participation from Spanish speakers and offered accommodations for people with disabilities upon request. Taken together, these outreach and engagement strategies were part of a concerted effort to obtain significant public input during preparation of the plan.
Citizen Participation Outreach
Sort Ord
er
Mode of Outre
ach
Target of Outre
ach
Summary of
response/attenda
nce
Summary of
comments recei
ved
Summary of comm
ents not accepted
and reasons
URL (If applicable)
1 Public Hearing
Non-English
Speaking -
Specify other
language:
Spanish
Persons with
disabilities
Nontargeted/broad
community
Held at the Mar
21, 2024 and Oct
17, 2024 meetings
of the Recreation
and Parks
Commission (RPC)
Mar 21: RPC was
supportive of
proposed
projects; no
formal public or
written
comments.
Oct 17: TBD
N/A www.smgov.net/rpc
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Sort Ord
er
Mode of Outre
ach
Target of Outre
ach
Summary of
response/attenda
nce
Summary of
comments recei
ved
Summary of comm
ents not accepted
and reasons
URL (If applicable)
2 Internet
Outreach
Minorities
Non-English
Speaking -
Specify other
language:
Spanish
Persons with
disabilities
Nontargeted/broad
community
Residents of
Public and
Assisted
Housing
Vulnerable
Individuals and
Households
Information
regarding the Mar
21, 2024 and the
Oct 17, 2024
Public Hearings,
the 30-Day Public
Review periods,
and the Apr 23,
2024 and Nov 11,
2024 Council
Meetings, was
posted on the
City's
CDBG/HOME
webpage, with
directions on how
to participate
and/or submit
public comment.
No formal
comments were
received.
N/A
www.santamonica.gov/comm
unity-development-blockgrant-and-home-investmentpartnership-programs
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Sort Ord
er
Mode of Outre
ach
Target of Outre
ach
Summary of
response/attenda
nce
Summary of
comments recei
ved
Summary of comm
ents not accepted
and reasons
URL (If applicable)
3 Newspaper Ad
Minorities
Non-English
Speaking -
Specify other
language:
Spanish
Persons with
disabilities
Nontargeted/broad
community
Residents of
Public and
Assisted
Housing
Vulnerable
Individuals and
Households
Newspaper
advertisements
for the Mar 21,
2024 and the Oct
17, 2024 Public
Hearing, the 30-
Day Public Review
periods, and the
Apr 23, 2024 and
Nov 11, 2024
Council Meetings
were posted in the
Santa Monica
Daily Press, with
directions on how
to participate
and/or submit
public comment.
Two comments
received: One
commenter,
citing safety
concerns, urged
the City to use
funds to enroll
people
experiencing
homelessness
into residential
mental health
facilities;
Another
requested four
printed copies of
the Proposed
2024-2025 AAP.
Additional
comments TBD.
N/A www.smdp.com
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Sort Ord
er
Mode of Outre
ach
Target of Outre
ach
Summary of
response/attenda
nce
Summary of
comments recei
ved
Summary of comm
ents not accepted
and reasons
URL (If applicable)
4 Mass Emailing
City
Commissions,
Services
Providers,
Community
Groups
Email notice of the
Mar 21, 2024 and
Oct 17, 2024
Public Hearings,
the 30-Day Public
Review periods,
and the Apr 23,
2024 and Nov 11,
2024 Council
Meetings was
distributed to local
grantees and
services providers,
Santa Monica
Neighborhood
Associations, and
boards,
commissions,
advisory bodies,
and workgroups
supported by the
Housing and
Human Services
Department;
No formal
comments were
received.
Additional
comments TBD.
N/A N/A
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Sort Ord
er
Mode of Outre
ach
Target of Outre
ach
Summary of
response/attenda
nce
Summary of
comments recei
ved
Summary of comm
ents not accepted
and reasons
URL (If applicable)
5 SaMoNews
Email
Newsletter
Nontargeted/broad
community
The March 27,
2024 SaMoNews
email newsletter
included notice of
the initial 30-Day
Public Review
period. The
newsletter is
distributed to a list
of over 40K
subscribers.
No formal
comments were
received
Additional
comments TBD.
N/A N/A
6 Public Meeting
Nontargeted/broad
community
City Council
approved the
2024-25 Annual
Action Plan on Apr
23, 2024 and will
consider approval
of the 2024-25
Amended Annual
Action Plan on
Nov 11, 2024
No formal
comments were
received.
Additional
comments TBD.
N/A www.santamonica.gov/topicexplainers/city-council
Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
Santa Monica, like many jurisdictions, is faced with the challenging task of meeting increasing needs with fluctuating federal and state resources.
The figures shown in the table below show actual CDBG and HOME allocations for FY 2024-25. CDBG shows a modest 0.6% increase over 2023- 24 funding levels, while HOME funds are receiving a substantial decrease of 19.7%. The reductions in HOME will most directly impact the resources available for Tenant-Based Rental Assistance (TBRA). However, even with decreased funding, the City is making adjustments that will allow TBRA to maintain all current voucher program participants for at least another three full years. Over that time, the City’s Housing team will work to reduce the number of households served by TBRA vouchers by transitioning households to the Housing Choice Voucher (HCV) program.
This will make certain that the TBRA program is sustained, while also ensuring that no current TBRA participants experience a gap in benefits. In the meantime, the City will continue to work with federal lobbyists and advocates in hopes that funding for HOME will someday be restored. If there are additional cuts or increases to CDBG or HOME over the coming years, the City will adjust accordingly to implement strategies reflective of funding realities.
The following contingencies apply to 2024-25 activities proposed for funding:
• HUD has intermittently waived the requirement that entitlement jurisdictions set aside 15% of their annual HOME allocation for Community Housing Development Organization (CHDO) activities. Should the waiver be announced for the FY 2024-25 program year, these funds would be used to increase funding for Tenant-Based Rental Assistance (TBRA) and/or HOME Administration.
Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative
Annual Description
Allocation:
$
Program
Income: $
Prior Year
Resources:
$
Total:
$
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Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative
Annual Description
Allocation:
$
Program
Income: $
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and Planning
Economic Development
Housing
Public Improvements
Public Services 1,151,825 50,000 416,152 1,617,977 0
HOME public -
federal
Acquisition
Homebuyer assistance
Homeowner rehab
Multifamily rental new
construction
Multifamily rental rehab
New construction for
ownership
TBRA 509,965 40,000 0 549,965 0
Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
City administration recognizes that the City's annual entitlement and formula allocations are not sufficient to meet all of its needs, and that leveraging resources is critical to achieving the City’s goals. The City continues to cultivate funding partners who can match the City's investment of CDBG and HOME funds. Even with nearly $10+ million in funding for the City’s Human Services Grants Program and local funding committed to the production and preservation of affordable housing, the need remains great, and additional funds are sought to ensure that more affordable housing and important programs and activities are available for those in need. To that end, the City seeks funds from the State and
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grants from other entities, both public and private.
Matching requirements have been satisfied with other eligible financial resources and/or in-kind services, and the City will continue to seek this type of matching as well as financial matches.
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If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City owns two properties that are leased to a local non-profit at below-market rates for the operations of homeless services at the Access Center and the SAMOSHEL emergency shelter. Funds from Measure CS, passed in November 2022, will be used to support redesign of SAMOSHEL. Once the SAMOSHEL redesign is complete in March 2024, first responders will be able to refer clients to emergency shelter beds 24/7. In 2022, the City executed a long-term lease for Ken Edwards Center, a City-owned facility, to a non-profit providing services to seniors, including those who are disabled, atrisk of homelessness, or low-income.
Prior to the adoption of the October 2022 Housing Element discussed in more detail below, the City reviewed various City-owned properties and evaluated the sites for potential affordable housing development. The sites represented a range of development potential involving near-term and longterm opportunities, as well as housing production ‘yield’. One particular site was ready for redevelopment, and in January 2022, the City Council selected a developer for the property at 1318 4th Street to be developed as 100% affordable housing, including a requirement that 50 apartments of the future affordable housing be targeted to persons experiencing homelessness. During 2022 and 2023, the developer has been meeting with stakeholders and members of the community to receive input about the potential design of the affordable housing and associated services for the supportive housing component.
On October 11, 2022, the City Council adopted the 2021-2029 Housing Element, a State-mandated plan to demonstrate the City’s capacity to accommodate its share of regional housing need at all income levels. In the Housing Element, the City demonstrated capacity for 1,880 homes affordable to lower income households on specific City-owned sites. The sites will be developed with 100% affordable housing through issuance of requests for proposals (RFPs) during the Housing Element planning period.
The City issued an RFP on June 22, 2023, for development of affordable housing on three City-owned public surface parking lots located at 1217 Euclid Street, 1211-17 14th Street, and 1146 16th Street. The sites are collectively projected to accommodate 130 homes. The City Council selected a development team for the three sites on March 19, 2024. As part of Housing Element implementation, the City will issue its next RFP for affordable housing on a City-owned site no later than June 30, 2025.
Discussion
N/A
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 1. Expand/Improve Public
Infrastructure/Facilities
2020 2024 Non-Housing
Community
Development
Low/Mod
Areas
Expand/Improve
Public Infrastructure
& Facilities
CDBG:
$1,139,267
Public Facility or
Infrastructure Activities
other than Low/Moderate
Income Housing Benefit:
7790 Persons Assisted
2 2. Provide Safe, Affordable
Housing Opportunities
2020 2024 Affordable
Housing
Non-Homeless
Special Needs
Low/Mod
Areas
Preserve & Develop
Affordable Housing
HOME:
$418,475
Tenant-based rental
assistance / Rapid
Rehousing: 25 Households
Assisted
3 4. Economic Development
Opportunities
2020 2024 Non-Housing
Community
Development
Low/Mod
Areas
Economic
Development
Opportunities
CDBG:
$50,000
Businesses assisted: 5
Businesses Assisted
4 5. Provide Assistance
Homeless Services &
Shelters
2020 2024 Homeless Low/Mod
Areas
Homelessness
Housing & Support
Services
CDBG:
$189,800
Other: 50 Other
Table 6 – Goals Summary
Goal Descriptions
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1 Goal Name 1. Expand/Improve Public Infrastructure/Facilities Goal
Description
CDBG: Virginia Avenue Park (VAP) – Thelma Terry Center Improvements / Community Kitchen (Supplemental) Due to significant increases in costs reflected in the final construction bids received in Fall 2024, additional funding is required to complete improvements to Virginia Avenue Park’s Thelma Terry Building, which most notably include conversion of the existing kitchen in the building into a licensed commercial kitchen. The project will include replacement of the Thelma Terry building’s existing prep kitchen, office, and storage space with an all-electric, shared kitchen and food storage area, as well as renewal of community spaces with refreshed wall and floor finishes, new media equipment, new energy-efficient lighting, a new roof, access control, and a security system. The kitchen will be used to cater park events generating greater engagement among the Pico Neighborhood community as well as residents citywide. The kitchen will also generate economic growth within the park's service area by acting as a small business incubator for low-moderate income entrepreneurs. CDBG funding for this project has been previously allocated FY 2021-22, FY 2022-23, and FY 2023-24 Annual Action Plans. After a long wait and many delays, this final allocation will allow the project to be fully realized by Spring of 2025.
CDBG: Virginia Avenue Park Playground Replacement - Phase I:
The Virginia Avenue Park (VAP) Playground is in need of a renovation, specifically focused on equipment replacement, reducing sand, and providing shade. VAP is home to the only City playground in the Pico Neighborhood, and one which is heavily used by families, camps, and farmers market visitors. At present, the playground equipment is aging and in need of replacement, the sand surface prevents accessible use of the playground, and community members regularly request shade to be added to this site to provide relief from direct sunlight. The VAP Playground Replacement project will use a phased, multi-year approach to update playground equipment and to install a more accessible surface and shade covering in order to create a safe, enjoyable playground experience for the community. 2 Goal Name 2. Provide Safe, Affordable Housing Opportunities Goal
Description
Increase affordable rental housing opportunities for LMI households through the provision of Tenant-Based Rental Assistance.
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3 Goal Name 4. Economic Development Opportunities
Goal
Description
Fund the City’s Small Business Assistance and Tenant Improvement Program to continue cultivating an equitable economic recovery for eligible Santa Monica small businesses.
4 Goal Name 5. Provide Assistance Homeless Services & Shelters Goal
Description
Fund a multidisciplinary outreach team for people experiencing homelessness, including a substance use disorder hub and spoke system that increases the City's capacity to effectively address substance use and overdose among Santa Monica's homeless and temporarily housed populations
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Projects
AP-35 Projects – 91.220(d)
Introduction
The development of the Annual Action Plan is informed by meetings and discussions between the staff from the City's Housing and Human Services Department and other City Departments and Divisions, as well as consultation with housing and social service agencies involved in delivering services for vulnerable populations in Santa Monica. Public input is solicited through advertised 30-day public review periods, public hearings held at the March 21, 2024 and October 17, 2024 meetings of the City’s Recreation and Parks Commission, and as agenda items for the City Council's April 23, 2024 and November 11, 2024 meetings. All projects selected to receive funding meet objectives and goals established in the 2020-24 Consolidated Plan to address priority needs.
Projects
# Project Name
1 CDBG: Virginia Avenue Park (VAP) – Thelma Terry Center Improvements / Community Kitchen (Supplemental)
2 CDBG: Virginia Avenue Park Playground Replacement - Phase I 3 CDBG: Small Business Assistance and Tenant Improvement Program 4 CDBG: Public Services
5 CDBG: Administration
6 HOME: Tenant-Based Rental Assistance
7 HOME: Administration
8 HOME: CHDO Reserve
Table 7 - Project Information
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Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
Proposed 2024-25 capital projects were identified from a pool of unfunded projects that aligned with 2020-24 Consolidated Plan priorities while meeting the greatest current needs.
As described above, Consolidated Plan needs and priorities were identified through input received from community leaders, citizen participation, Commission meetings, and public hearings, with the objective of using limited resources to have the greatest impact in meeting the most pressing needs. These inputs were described in the public participation section of the 2020-24 Consolidated Plan. The City also remains in regular communication with agency officials and partners in county, state, and regional organizations. In addition, the City’s Housing and Human Services, Community Development, and Public Works Departments continue to explore creative ways to efficiently utilize existing resources to assist those in need.
The impacts of the COVID-19 pandemic continue to result in a significant increase in social service and housing needs in Santa Monica, while the decrease in City revenues resulting from the economic impacts of the pandemic have reduced the City’s ability to adequately address these emergent needs.
Concurrently, the consistent rise in market rents continues to exacerbate the difficulty of finding affordable housing in Santa Monica. Due to its heavy reliance on the tourism, hospitality and retail sectors, Santa Monica’s economy was particularly hard hit by the pandemic, with revenues from transient occupancy and sales taxes and parking related revenues, which accounted for nearly one-half of General Fund revenues prior to the pandemic, falling 39% in FY 2020-21 from pre-COVID levels, while total General Fund revenues were down 22% over the same period. While General Fund revenues are now growing, it is anticipated that they will not recover to the level projected prior to the pandemic until FY 2026-27. While the City has already experienced a loss of nearly $170 million since 2020, revenues will lag behind pre-pandemic projected growth by nearly $34 million more over the next five years, for a total revenue loss of approximately $204 million over 7 years.
Adding to the fiscal challenge is the current condition of the General Fund reserves. Strong reserves are necessary to cushion the delivery of services from the impact of emergency expenditures, contingent liabilities, and economic uncertainty. Since 2020, the City has had to program General Fund reserves to deliver essential services during the COVID-19 pandemic, to address several significant legal settlement payments, and to fill future budget deficits. Looking ahead, the City is facing some extraordinary, onetime contingent liabilities that further threaten reserve levels. As revenues return, the City will make every effort to allocate funding to address unmet needs in alignment with Council priorities and will continue to identify opportunities for partnership and alternative funding sources to complement the City’s limited resources.
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AP-38 Project Summary
Project Summary Information
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1 Project Name CDBG: Virginia Avenue Park (VAP) – Thelma Terry Center Improvements / Community Kitchen (Supplemental)
Target Area Low/Mod Areas
Goals Supported 1. Expand/Improve Public Infrastructure/Facilities Needs Addressed Expand/Improve Public Infrastructure & Facilities Funding CDBG: $639,267
Description Due to significant increases in costs reflected in the final construction bids received in Fall 2024, additional funding is required to complete improvements to Virginia Avenue Park’s Thelma Terry Building, which most notably includes conversion of the existing kitchen in the building into a licensed commercial kitchen. The project will include replacement of the Thelma Terry building’s existing prep kitchen, office, and storage space with an all-electric, shared kitchen and food storage area, as well as renewal of community spaces with refreshed wall and floor finishes, new media equipment, new energy-efficient lighting, a new roof, access control, and a security system. The kitchen will be used to cater park events generating greater engagement among the Pico Neighborhood community as well as residents citywide. The kitchen will also generate economic growth within the park's service area by acting as a small business incubator for low-moderate income entrepreneurs. CDBG funding for this project has been previously allocated FY 2021-22, FY 2022-23, and FY 2023- 24 Annual Action Plans. After a long wait and many delays, this final allocation will allow the project to be fully realized by Spring of 2025.
Target Date 6/30/2025
Estimate the
number and type
of families that
will benefit from
the proposed
activities
7790 individuals reside in the anticipated service area comprised of census block groups 701801.4, 701801.5, 701802.1, 702201.1, and 702300.4. The combined area includes 4380 low-moderate income individuals (56.23%); Note that this funding, along with IDIS Activity 521, will be associated with IDIS Activity 528, thereby consolidating completion of the improvements and construction of the kitchen under a single activity. Accomplishments will be reported under Activity 528 upon completion of the work.
Location
Description
Thelma Terry Building at Virginia Avenue Park (VAP)
Planned Activities Supplemental funding for the conversion/renovation of the existing kitchen in the Thelma Terry Building at Virginia Avenue Park (VAP) into a licensed commercial kitchen and for the completion of associated building improvements.
2 Project Name CDBG: Virginia Avenue Park Playground Replacement - Phase I
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Target Area Low/Mod Areas
Goals Supported 1. Expand/Improve Public Infrastructure/Facilities Needs Addressed Expand/Improve Public Infrastructure & Facilities Funding CDBG: $500,000
Description The Virginia Avenue Park (VAP) Playground is in need of a renovation, specifically focused on equipment replacement, reducing sand, and providing shade. VAP is home to the only City playground in the Pico Neighborhood, and one which is heavily used by families, camps, and farmers market visitors. At present, the playground equipment is aging and in need of replacement, the sand surface prevents accessible use of the playground, and community members regularly request shade to be added to this site to provide relief from direct sunlight. The VAP Playground Replacement project will use a phased, multi-year approach to update playground equipment and to install a more accessible surface and shade covering in order to create a safe, enjoyable playground experience for the community.
Target Date 6/30/2025
Estimate the
number and type
of families that
will benefit from
the proposed
activities
7790 individuals reside in the anticipated service area, including 4380 lowmoderate income individuals (56.23%); Location
Description
Virginia Avenue Park (VAP) Playground
Planned Activities Remove and replace playgrounds; prepare and finish for full use. 3 Project Name CDBG: Small Business Assistance and Tenant Improvement Program Target Area Low/Mod Areas
Goals Supported 4. Economic Development Opportunities
Needs Addressed Economic Development Opportunities
Funding CDBG: $50,000
Description Fund the City's Small Business Assistance and Tenant Improvement Program to continue supporting an equitable economic recovery for eligible Santa Monica small businesses
Target Date 6/30/2025
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Estimate the
number and type
of families that
will benefit from
the proposed
activities
5 Businesses Assisted
Location
Description
Eligible small businesses citywide
Planned Activities Fund the City’s Small Business Assistance and Tenant Improvement Program to continue supporting an equitable economic recovery for eligible Santa Monica small businesses
4 Project Name CDBG: Public Services
Target Area Low/Mod Areas
Goals Supported 5. Provide Assistance Homeless Services & Shelters Needs Addressed Homelessness Housing & Support Services Funding CDBG: $189,800
Description Fund a multidisciplinary outreach team for people experiencing homelessness, including a substance use disorder hub and spoke system that increases the City's capacity to effectively address substance use and overdose among Santa Monica's homeless and temporarily housed populations
Target Date 6/30/2025
Estimate the
number and type
of families that
will benefit from
the proposed
activities
50 Persons Assisted
Location
Description
Citywide
Planned Activities Fund a multidisciplinary outreach team for people experiencing homelessness, including a substance use disorder hub and spoke system that increases the City's capacity to effectively address substance use and overdose among Santa Monica's homeless and temporarily housed populations
5 Project Name CDBG: Administration
Target Area Low/Mod Areas
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Goals Supported 1. Expand/Improve Public Infrastructure/Facilities
2. Provide Safe, Affordable Housing Opportunities
4. Economic Development Opportunities
5. Provide Assistance Homeless Services & Shelters
Needs Addressed Expand/Improve Public Infrastructure & Facilities Preserve & Develop Affordable Housing
Public Services & Quality of Life Improvements
Economic Development Opportunities
Homelessness Housing & Support Services
Fair Housing
Funding CDBG: $238,910
Description Administer the CDBG program in compliance with federal regulations for the 2024 Program Year
Target Date 6/30/2025
Estimate the
number and type
of families that
will benefit from
the proposed
activities
N/A
Location
Description
N/A
Planned Activities Administer the CDBG program in compliance with federal regulations for the 2024 Program Year
6 Project Name HOME: Tenant-Based Rental Assistance
Target Area Low/Mod Areas
Goals Supported 2. Provide Safe, Affordable Housing Opportunities Needs Addressed Preserve & Develop Affordable Housing
Funding HOME: $418,475
Description Provide tenant based rental assistance for low-moderate income households Target Date 6/30/2025
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Estimate the
number and type
of families that
will benefit from
the proposed
activities
Tenant-based Rental Assistance: 25 Households Assisted
Location
Description
N/A
Planned Activities Provide tenant based rental assistance for low-moderate income households 7 Project Name HOME: Administration
Target Area Low/Mod Areas
Goals Supported 2. Provide Safe, Affordable Housing Opportunities Needs Addressed Preserve & Develop Affordable Housing
Funding HOME: $54,996
Description Administer the HOME program in compliance with federal regulations for the 2024 Program Year
Target Date 6/30/2025
Estimate the
number and type
of families that
will benefit from
the proposed
activities
N/A
Location
Description
N/A
Planned Activities Administer the HOME program in compliance with federal regulations for the 2024 Program Year
8 Project Name HOME: CHDO Reserve
Target Area Low/Mod Areas
Goals Supported 2. Provide Safe, Affordable Housing Opportunities Needs Addressed Preserve & Develop Affordable Housing
Funding HOME: $76,494
Description Per regulation 92.300 the City is reserving 15% of the HOME allocation for a Community Housing Development Organization (CHDO).
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Target Date 6/30/2025
Estimate the
number and type
of families that
will benefit from
the proposed
activities
N/A
Location
Description
N/A
Planned Activities Per regulation 92.300 the City is reserving 15% of the HOME allocation for a Community Housing Development Organization (CHDO).
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The latest HUD data indicate that there are 19 low/mod Block Groups in Santa Monica, distributed among 10 City’s Census Tracts. A map in the appendix to this Plan shows the location of these Block Groups
Geographic Distribution
Target Area Percentage of Funds
Low/Mod Areas 95
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically Many of the City's low/mod block groups are predominantly residential, occurring in clusters and/or adjacent to one another. The most prominent grouping occurs in a stretch of low/mod block groups south of the 10 freeway and north of Pico Boulevard. Areas such as these have been areas of concern in the past and emerged in the course of continued examination of available data. These areas are consistently cited in discussions regarding resource allocation and the City remains committed to identifying and funding eligible projects that meet their established needs.
Discussion
The resources available under the 2024-25 Annual Action Plan are limited. The City targets funding according to priority needs throughout the City, with an emphasis on helping the lowest-income households, block groups, and service areas. Depending on the type of need being addressed, resources may or may not be geographically targeted. For example, public services for 2024-25 are not geographically targeted and are instead provided to eligible program participants in such a manner as to provide the greatest level of availability to the widest area possible. On the other hand, assistance to projects that improve public facilities/infrastructure will be undertaken in specific locations within eligible low/mod income areas. A project may only be funded outside of this area if the project primarily benefits low-income households or persons presumed to be low-income, such as adults with disabilities.
At least 95% of the funds are allocated to projects that meet the low-income limited clientele, low-mod housing, or low-mod area national objectives.
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The most notable impediment to affordable housing revolves around the lack of Federal and State resources for affordable housing initiatives commensurate with the scale of the need, including the development of additional affordable rental housing stock and the lack of funding for new construction and rehabilitation. Insufficient funding for programs and resources to reduce excessive rent or mortgage burdens to qualified persons is also a key factor.
Another barrier to affordable housing in Santa Monica is the high cost of housing created by a demand for housing, both existing and new, which exceeds the current supply. Santa Monica is perceived as a desirable place to live and has experienced growth in terms of both businesses that wish to operate here and in terms of people who wish to reside here. Housing prices, both purchase and rental, remain high, especially for lower income households. In addition, the cost of site acquisition is very high, as are development costs. These factors make housing construction expensive and put affordable housing out of the reach of low-income households.
The Housing Needs Assessment also identified stringent criteria in the mortgage origination process due to the previous foreclosure crisis, which also is outside the scope and control of City policy. In some instances, issues revolving around personal finances (lack of down payment, credit history, employment history) affect the availability of affordable housing for Santa Monica residents.
One Year Goals for the Number of Households to be Supported Homeless 50
Non-Homeless 0
Special-Needs 0
Total 50
Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 25
The Production of New Units 0
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 25
Table 10 - One Year Goals for Affordable Housing by Support Type
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Discussion
N/A
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AP-60 Public Housing – 91.220(h)
Introduction
The Santa Monica Housing Authority (SMHA) was consulted during development of the 2020-24 Consolidated Plan development process. Although the SMHA does not own or operate any public housing, the SMHA does administer several rental housing voucher programs, and it is the intention of the Authority to continue to ensure that its participants in the Housing Choice Voucher, Continuum of Care voucher, Emergency Housing voucher, HOME voucher, Veterans Affairs Supportive Housing voucher, and Stability Voucher programs are housed in safe and adequate affordable housing.
Actions planned during the next year to address the needs to public housing The City of Santa Monica and the Santa Monica Housing Authority do not own or operate any public housing.
Actions to encourage public housing residents to become more involved in management and participate in homeownership
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If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
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Discussion
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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The needs of homeless persons and of persons with special needs are complex and require a wide range of specialized services. Numerous agencies, including City-funded agencies, are involved in the care of people experiencing homelessness, providing distinct services such as housing, mental health counseling, employment training, and case management services. A number of activities and services are funded to help the needs of the homeless and other special needs populations. Overall, these services address the high priority of reducing homelessness and the threat of becoming homeless, as well as providing necessary services.
There are several groups that have a higher need for affordable housing and have special housing needs.
These groups have been identified as: the elderly and frail elderly, persons with disabilities (mental, physical, developmental), victims of domestic violence, youth (in general and aging-out foster youth), and members of the Santa Monica Service Registry, which is a by-name list of the most vulnerable chronically homeless individuals as determined by length of time on the streets, age, and physical and mental health conditions. City-funded multidisciplinary teams combine street outreach, medical provision and behavioral healthcare with case management support and housing navigation services, with the goal of meeting immediate needs while connecting participants experiencing homelessness to long-term housing resources. Seniors and people with disabilities are more likely to face housing instability and have difficulty affording housing due to often living on fixed incomes that does not keep pace with cost of living. Seniors and people with disabilities also have a need for accessible housing to support aging in place and independent living, whether for new housing, rehabilitated existing housing, or the adaptation of the housing they currently occupy. In addition to general challenges, seniors may have additional supportive needs resulting from increasing physical and/or cognitive conditions.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
As part of the Coordinated Entry System (CES) for Los Angeles County, Santa Monica homeless service agencies use the VI-SPDAT triage pre-assessment tool to assess an individual’s strengths and challenges in areas of housing, risky behavior, socialization, and wellness (health and behavioral health). The VISPDAT indicates the most appropriate intervention, with low scores indicating a need for light services and high scores indicating a need for more intensive services up to and including permanent supportive housing.
The City also funds two types of street engagement teams: one HMST (Homeless Multidisciplinary Street Team) and three C3 (City, County, Community), both of which are operated by local nonprofit The
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People Concern. HMST is dedicated to working with the highest utilizers of fire and police services, while the C3 team focuses on the geographic areas most impacted by homelessness, including the downtown area and the beach. These teams engage individuals with street-based medical and behavioral health interventions to help stabilize behaviors while linking people to resources and housing. In support of these efforts, City Council approved use of Measure CS funds to add a third C3 Team to cover the remainder of the city started operating on July 1, 2023. In calendar year 2023, the multidisciplinary teams made 8,193 contacts with people experiencing homelessness and provided direct medical or psychiatric services to 1,012 participants. In 2023, these teams placed 45 people into interim housing and 13 into permanent housing. As part of the CES for Los Angeles County, the teams utilize the VISPDAT to prioritize highly vulnerable households for housing placement. Using the City’s HMIS and monthly coordination meetings, the City works closely with local and regional providers to track the progress of these individuals, providing advocacy and resources in order to shorten the length of homelessness. The Downtown Santa Monica Ambassadors also support the multidisciplinary teams, providing outreach and referrals to individuals wherever they may be.
In addition, the City utilizes first responders to engage and assess the needs of homeless individuals. The Santa Monica Police Department (SMPD) maintains a specialized Homeless Liaison Program (HLP) Team of nine officers and a sergeant who work in conjunction with local nonprofits and City departments to identify vulnerable individuals and coordinate services. SMPD also provides training to all patrol officers on safe and appropriate methods for engaging and de-escalating people with mental illness. SMPD has developed the first POST (Peace Officer Standards and Training)-approved homeless curriculum in the state, which has been offered to sworn and civilian personnel from across the country.
Addressing the emergency shelter and transitional housing needs of homeless persons While the City continues to support over 240 year-round interim housing beds in the community through direct funding, leases, and regional partnerships, shelter capacity has fluctuated due to COVID outbreaks at interim housing facilities and subsequent reduced capacity. The City continues to support efforts to increase regional bed capacity through its participation in the Westside Cities Council of Government (WSCCOG). The WSCCOG is a vehicle through which the City champions regional solutions and problem solving in tandem with the leadership of neighboring communities. City Council has identified the redesign of the SAMOSHEL interim housing program as a priority and has supported the use of Measure CS funds for this initiative. The redesign will accommodate 24/7 intakes, giving additional options for after-hours intake and facilitating first responder transports for people experiencing homelessness and non-urgent behavioral health issues. In 2023, the City partnered with the LA County Homeless Initiative to start a Pathway Home project which is a collaboration between a local motel operator, social service provider, LA County DHS, and LAHSA to move people from encampments into motel rooms and provide case management, housing navigation, and time limited subsidies for permanent housing. The program will launch in 2024.
Helping homeless persons (especially chronically homeless individuals and families, families
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with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
Many households who become homeless experience episodes of homelessness perhaps once or twice in a lifetime and for periods of less than a year. They are often families, including families with children, and are often homeless because of a particular crisis such as loss of income, eviction, foreclosure, illness, disaster, or calamity (fire, flood, condemnation of unsafe housing). The greatest challenge for this segment is finding affordable housing.
The City uses the county’s vulnerability assessment tool to prioritize highly vulnerable households for permanent housing. Using the City’s HMIS and monthly care coordination meetings, the City works closely with local and regional providers to track the progress of these individuals into housing, assisting with advocacy and resources to remove system and process barriers in order to shorten the length of homelessness. Care coordination meetings are conducted virtually via teleconference. The City also maintains a variety of resources to help transition homeless individuals and families into permanent housing and support them over time. Direct financial assistance is provided to support the moving process, including move-in costs (security deposits, moving expenses), basic furniture, and rental application fees. Once housed, the care coordination efforts continue to ensure that households do not return to homelessness. City-funded housing programs are required, as part of their contract agreement, to notify the Housing and Human Services Department if tenants are at risk for eviction. The City also funds legal services to prevent eviction, address tenant harassment and discrimination against people who are disabled or have a history of homelessness, and offers emergency rental assistance to prevent eviction.
In 2021, under the American Rescue Plan, the Department of Housing and Urban Development (HUD) allocated 104 Emergency Housing Vouchers (EHVs) to the City to be issued to people experiencing or at risk of homelessness. The City prioritized its allocation of EHVs to exit people in local shelter programs and unsheltered individuals referred by City-funded street engagement teams into permanent housing with supportive services. Households with EHVs are prioritized for permanent housing through the City’s Below Market Housing waitlist. As interim housing beds become available, City staff are working closely with SMPD, SMFD and the City’s multidisciplinary street teams to refer vulnerable individuals from our streets, parks, and open spaces to available shelters, housing navigation resources, and/or permanent housing opportunities. EHV participants began moving into their own apartments in February 2022. To date, 59 people experiencing homelessness have ended their experience of homelessness in Santa Monica using EHVs. In 2023, the City received an allocation of 15 Housing Stability (HS) vouchers from LAHSA and is working with the local outreach teams and interim housing programs to match eligible people experiencing homelessness to these resources.
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Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.
Actions to address the issues noted in this Action Plan include:
• Increase supportive housing and supportive services for special needs populations • Assist the homeless and those at risk of homelessness with access to permanent affordable housing and supportive services that promote housing stability • Coordinate homeless services, including services for those at-risk of homelessness, and encourage collaboration among providers
As part of the City’s Human Services Grants Program, homeless services agencies and other non-profits are funded to provide housing retention services, supportive services to build income, health and behavioral health services, legal services, and benefits assistance. The City's Senior & Disability Housing Task Force meets to identify older adults and people with disabilities at imminent risk of losing housing and collaborate on solutions to keep them stably housed. The City also continued its Preserving Our Diversity (POD) program, which provides cash-based assistance to low-income senior households to achieve a minimum monthly after-rent income for basic needs. As of February 2023, 206 low-income senior households had enrolled in POD. In 2024, the City is embarking on a strategic planning process to meet the needs of older adults and people with disabilities in Santa Monica.
As pandemic-era restrictions on evictions lifted in 2022 and 2023, landlords began pursuing evictions more frequently. Eviction filings quickly increased above pre-pandemic levels, reversing a years long downward trend. In response, the City implemented new tenant protection laws, convened regular tenant/landlord forums, and funded Legal Aid Foundation of Los Angeles (LAFLA) to investigate harassment claims and provide representation to low-income tenants. In 2021, City Council approved additional funding to LAFLA to launch a Right to Counsel program to provide additional representation for tenants facing eviction, as well as new and expanded case management and paralegal services in 2022 to help support vulnerable tenants.
In light of the COVID-19 pandemic, the City implemented a number of strategies to help prevent evictions. In March 2020, the City enacted a local eviction moratorium to keep renters impacted by COVID in their homes. The City also implemented the COVID Emergency Rental Assistance Program (ERAP) using CDBG and General Funds to provide 638 households economically impacted by COVID with three months’ rent up to $5,000. In summer 2021, staff created an enhanced outreach campaign to inform renter residents and property owners about the State COVID-19 Rental Assistance program, Housing is Key. Approximately 1,800 Santa Monica households received an average of
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$15,000, or over $28 million in total.
The 2022 General Adjustment increase of 6% for rent-controlled units was the highest increase since 1990 and was expected to lead to greater housing instability. In response, Santa Monica developed the Rent Control Adjustment Relief (RCAR) Program, and an Eviction Protection Ordinance for qualifying tenants who need more time to pay their rent. RCAR provided relief equivalent to a 3% rent increase over a 12-month period, ultimately issuing 502 payments at a total sum of $329,612.
The City also works with the Westside Coalition, which meets monthly to discuss advocacy and to coordinate with institutions that may discharge persons into homelessness. City staff coordinates with SMPD and the City Attorney’s Office (CAO) to divert individuals from local jail to available social services and court-based alternative justice options. In 2023, the City also approved HOME-ARP funds for a diversion program called Shelter, Treatment and Empowerment Program (STEP).
Discussion
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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:
The Housing Element of the City’s General Plan recognizes concerns about affordable housing and addresses them through several goals, specifically: identifying programs to assist in the production of affordable units, protecting and rehabilitating affordable units, and providing assistance to low- and moderate-income households and households with special needs. The City continues to monitor, analyze, and address market conditions and governmental factors that may act as barriers to affordable housing.
Though public policies are meant to address the overall needs of citizens, they may cause inadvertent negative effects on certain aspects of the community, which in this case are affordable housing and residential investment. Affordable housing and public and private residential investments are key components to furthering fair housing in any community. In part, to identify these negative effects and further the purposes of the Fair Housing Act, the U.S. Department of Housing and Urban Development (HUD) established a legal requirement that entitlement grantees, such as the City of Santa Monica, shall affirmatively further fair housing. The primary tool for communities to identify contributing factors for these barriers to fair housing is the HUD Assessment of Fair Housing (AFH).
In 2020, the City of Santa Monica completed an AFH, which outlined contributing factors to fair housing issues in the City. The 2020 AFH prioritized the identified contributing factors, of which these were the leading priorities within the City:
1. Displacement of residents due to economic pressures
2. Impediments to mobility
3. Lack of access to opportunity due to high housing costs
4. Lack of affordable, accessible housing in a range of unit sizes
5. Land use and zoning laws
6. Private discrimination
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A list of Medium and Low Priority Contributing Factors to Fair Housing Issues can be viewed in the AFH.
Through the identification, evaluation, and ranking of Contributing Factors to Fair Housing, the City was able to propose four (4) goals with associated strategies to affirmatively further fair housing in Santa Monica. Below is a list of proposed goals (a list of strategies for each goal can be viewed in the 2020 AFH.
Goal 1: Increase the supply of affordable housing
Goal 2: Preserve the existing stock of affordable rental housing and rent stabilized housing Goal 3: Prevent displacement of low- and moderate-income residents Goal 4: Increase community integration for persons with disabilities Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
Governmental restrictions may constrain the production of affordable housing. The City of Santa Monica continues to monitor, analyze, and address as necessary, governmental regulations, land use controls and residential development standards that affect the production and preservation of affordable housing.
Fair housing is crucial to ensuring that persons of all income levels have equal access to housing. HUD requires that jurisdictions receiving federal funds commit to affirmatively further fair housing. According to HUD, a fair housing impediment is considered to be “any action, omission, or decision which has the effect of restricting housing choice or its availability because of race, color, religion, sex, disability, familial status, or national origin.” A key part to affirmatively furthering fair housing is the preparation of an Assessment of Fair Housing Plan, approved by the City Council on April 28, 2020. The Assessment of Fair Housing Plan is available at www.santamonica.gov/housing-policy-and-reports.
The City of Santa Monica’s Public Rights Division (formerly Consumer Protection Unit) in the City Attorney’s Office takes an active role to ensure fair housing opportunities are enforced. The Public Rights Division has two primary responsibilities: Enforcing local, state, and federal laws to assure that consumers are treated fairly and lawfully; and investigating complaints involving charges of discrimination based on race, age, children, marital status, sex, sexual orientation, national origin, disability, religion, or infection with HIV. The Public Rights Division also educates tenants, landlords and the real estate community on fair housing laws, provides referrals to mediation services, and conducts community outreach throughout the year.
The City’s Rent Control Board also monitors evictions and advises Santa Monica tenants of their rights.
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Santa Monica’s Just Cause Eviction and Tenant Harassment laws, among others, help to assure that tenants are not discriminated against by building owners. Other agencies, such as the Santa Monica Housing Authority, Legal Aid Foundation of Los Angeles, California Department of Fair and Equal Housing, and HUD also offer assistance to persons with fair housing issues.
New housing developments subsidized by federal funding must have an Affirmative Fair Housing Marketing Plan, which sets the steps that developers or property managers must take to reach out to various populations during property rental or sale. The Marketing Plan specifically targets potential tenants, underrepresented minorities, economically disadvantaged populations, and low-income homebuyers to better integrate them into the community. Market factors that tend to restrict affordable housing production are high land costs, high construction costs, and the availability of financing. To help mitigate the high cost of housing development in Santa Monica, the City has historically provided a program to make “gap” financing available for affordable housing projects. In November 2016, Santa Monica voters adopted Measures GSH and GS to provide a local, ongoing revenue source through a transaction and use tax, to fund nonprofit affordable housing development.
In November 2022, Santa Monica voters adopted Measure GS to provide another local, ongoing revenue source through a property transfer tax, to fund homeless prevention and affordable housing programs. The City's Housing Element recognizes the role of land use regulations in housing development and has reduced regulatory barriers and streamlined development approval processes to facilitate the production of affordable units, protection and rehabilitation of affordable units, and the provision of assistance to low- and moderate-income households and households with special needs.
Discussion:
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AP-85 Other Actions – 91.220(k)
Introduction:
The City is committed to addressing the needs of underserved populations in the community and fully understands that to efficiently leverage CDBG funds, it is necessary to mitigate obstacles low-income families face in securing financial opportunities, affordable housing, and the safety of their homes.
Actions planned to address obstacles to meeting underserved needs The continued growth of regional needs for homeless services and housing retention is the greatest challenge to meeting underserved needs. Significant ballot measures in LA County, LA City and City of Santa Monica were passed by voters in 2016 and 2017 to increase the resources available to tackle this problem. In February 2024, the Board of Supervisors unanimously approved a $783 million budget for the Los Angeles County Homeless Initiative. The FY 2024-25 allocation includes $1,626,187 in Local Solutions Funds (LSF) to the Westside Cities Council of Governments (WSCCOG), a 9 percent increase from the previous year. The City will identify opportunities to leverage these funds through its participation in the WSCCOG. Regionally, the City will continue to participate in working groups to strategize the application of new resources to fund the critical services proposed in the City and County of LA homeless strategies, adopted in February 2016.
The City also has the opportunity to expand services addressing homelessness using two new funding streams, Measure CS and Measure GS, approved by Santa Monica voters in November 2022. The new on-going revenue streams that will be generated through Measures CS and GS will provide the infusion of funds necessary to develop a comprehensive homelessness strategic plan and accelerate the City’s work on addressing homelessness, producing and preserving affordable housing, preventing homelessness, and maintaining clean and safe public spaces. Council has approved a number of priorities under Measure CS, including preparation of a Homelessness Strategic Plan (HSP), expansion of homeless multi-disciplinary teams, redesign of the SAMOSHEL interim housing program to accommodate 24/7 intakes, and expansion of the Police Department’s Homeless Liaison Program (HLP).
Measure GS will provide resources to produce and preserve affordable housing and prevent homelessness at a scale far beyond the City’s current administration.
Addressing the behavioral health needs of vulnerable residents remains a significant unmet need. In October 2022, Santa Monica contracted with Initium Health to lead a Behavioral Health Feasibility Study. The study includes facilitating a community engagement process, developing a behavioral health strategy, and conducting an operational/financial feasibility assessment for a behavioral health center.
In 2024, the City will partner with the WSCCOG to begin development of a regional behavioral health center. In addition, the Providence Saint John’s Development Agreement was adopted with community benefits including ten units of deed-restricted affordable housing and a significant financial investment of at least $10 million to support the City’s behavioral health initiatives.
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In November 2022, the Human Services Division (HSD) helped launch a three-month pilot with WISE & Healthy Aging (a local senior services provider) and the Santa Monica Fire Department (SMFD) to target a small group of seniors who are frequent users of the 911 system and are at high risk for eviction or premature institutionalization. The City is secured funding through the WSCCOG to dedicate a part-time WISE case manager to work with this group of vulnerable seniors.
In addition to existing programs, the City is partnering with the LA County Department of Mental Health (DMH) to address non-violent mental health crisis calls for service. After extensive planning, the City launched the pilot in January 2024, which provides a specialized therapeutic transport team available five days a week to assist Santa Monica Police and Fire personnel with 911 and non-emergency calls for service that involve someone experiencing a mental health crisis. The partnership with DMH is part of Santa Monica’s push to collaborate with regional service providers for a coordinated, holistic approach to addressing homelessness.
Actions planned to foster and maintain affordable housing The City places great emphasis upon seeing that decent, safe, affordable housing is available for lowincome residents to the extent possible. Homeless activities, ranging from providing emergency shelter to preventing homelessness receive a high priority. Thus, the City will focus on multiple efforts including rental assistance, new rental construction (using local, non-federal funds), as well as home modifications to accommodate persons with special needs and in many instances prevent homelessness.
Actions planned to reduce lead-based paint hazards
Since inception of the CDBG program, all homes older than 1978 scheduled for rehabilitation activities receive lead-based paint testing to determine the extent of lead hazards, and where appropriate, remediated in conjunction with the rehabilitation. Any lead found was addressed by interim controls and abatement through covering and/or painting.
The City will also continue to take the following actions this program year to meet lead-based paint requirements:
• Report incidents of lead-poisoning to the Los Angeles County Health Department • Incorporate lead-based paint hazard reduction procedures into rehabilitation guidelines • Develop and distribute lead-based paint reduction and abatement information to all landlords, managers, tenants, or owner-occupants of rehabilitation properties, as well as to community groups
• Work cooperatively with its nonprofit housing providers and community health organizations to provide educational material and identify potential sources of lead poisoning in City-assisted affordable housing projects
• Apply housing quality standards to inspections of Section 8 units and assess risks of exposure to
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lead based paint for households with children six years of age and under and report any findings to HUD on a quarterly basis
• Address blight in individual buildings by eliminating specific conditions that present health and safety hazards to the public
• Provide lead-based paint testing and remediation to existing single- and multi-family units, targeting low- and moderate-income households. While the health department formerly provided reports on lead-based hazards to the City, that data is no longer made available to housing authorities
Actions planned to reduce the number of poverty-level families The City’s anti-poverty strategy is part of a coordinated effort to create jobs and improve the local economy. CDBG provides core funding for critical basic needs including health, housing, and employment because the creation of economic opportunities is not an isolated solution to alleviating poverty. The City works with community partners to identify educational, life skills and training needs and provide opportunities for self-empowerment that will enable low- and moderate-income residents to become and continue to be self-sufficient and economically independent. These programs have an immediate impact on primary needs of the low-income population and the causes of poverty. The City will continue to implement the anti-poverty strategy outlined in the Consolidated Plan. This includes continued prioritization of housing and homeless programs per HUD requirements, as well as other programs that address the following:
• Pre-vocational and job readiness skills training including assessment and assistance with applications, resumes, job-seeking skills, and work performance standards • Job development and placement for temporary and permanent employment opportunities with businesses, industry, and government
• Apprenticeships and training linkages with skills center and other vocational resources • Educational enrichment, skill-building, and parental support to encourage children and youth to be healthy, succeed in school, avoid gang activity, and prepare for productive adulthoods • Youth skill-building and development to design innovative and creative alternatives to criminal involvement, youth violence, isolation, and loss of opportunities for growth • Legal services to include brief service and full representation in landlord/tenant matters, public benefits assistance, discrimination, consumer affairs, and other critical legal aid • Domestic violence intervention and prevention that offers counsel and advice, immediate assistance in obtaining restraining, stay-away and other protective orders, and critical support services to victims of domestic violence
• Independent living skills and assistance and peer counseling to ensure full self-sufficiency and independence among the elderly and people with disabilities • Childcare subsidies (infant, preschool and elementary) and assistance to working parents • Free health care and supportive service assistance to extremely low, very low, and low- income Santa Monica residents including vital assistance to those with HIV/AIDS
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• Wrap-around assertive case management for vulnerable youth and their families, including access to flexible funds for emergency situations and homelessness prevention The City continues to implement its Living Wage Ordinance, which requires all contractors with service contracts greater than $54,200 to pay their employees a living wage. The living wage is updated annually. For FY 2023-24 the living wage was set at $19.73 per hour.
Additionally, the City continues to leverage other federal, state, and local funds to assist homeless and near homeless households with rental assistance, housing search and placement, and legal and credit repair services.
Actions planned to develop institutional structure
See response below
Actions planned to enhance coordination between public and private housing and social service agencies
The City has identified gaps in institutional structure for implementing the Consolidated Plan and ways to enhance coordination among housing agencies and social service providers. These gaps included a lack of sufficient resources and the need for better information dissemination and sharing among agencies and organizations that provide services. As noted in section PR-10 of the Consolidated Plan, the City has been proactive in addressing these gaps and undertaken a number of specific actions to overcome these gaps.
The City will continue to work with other agencies and departments in several areas including social services, lead abatement, and mental health services, and will continue to seek to establish new relationships with the private sector to accomplish economic and community development activities.
The City also currently coordinates housing and services for homeless and formerly homeless households through monthly Chronic Homeless Project case conferencing meetings, led by Human Services staff with representatives from all City-funded homeless programs, County Mental Health and SMPD. The Senior & Disability Housing Task Force is also enhancing coordination between housing and social service agencies and allowing for early intervention to prevent housed older adults and people with disabilities from becoming homeless. Policy coordination occurs through formal quarterly meetings with Human Services and Housing Authority staff, in addition to frequent informal communications to collaborate on shared program participant issues. Human Services Division staff also attend regular case-conference meetings with affordable housing and service providers to support vulnerable clients at risk of eviction.
The Santa Monica Housing Authority participates in meetings with The People Concern to better communicate regarding rules, regulations, and procedures related to Continuum of Care voucher,
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Emergency Housing Voucher, and HOME voucher programs and update the staff of The People Concern on the status of their referrals for these programs. City staff participate in regular meeting with The People Concern and Upward Bound House to better communicate regarding rules, regulations, and procedures related to the Emergency Housing Voucher program and to support with efficient lease up, as well as regular meetings with The People Concern and Upward Bound House and local affordable housing operators to support with lease ups, as well as coordinate on case management and housing stability plans. In the fall of 2023, the City’s Housing and Human Services Department started meeting with EAH Housing and The People Concern regarding a Permanent Supportive Housing (PSH) development called The Laurel that is scheduled to open in the spring of 2024 and serve highly vulnerable people experiencing homelessness and at risk of homelessness.
The City will continue supporting the efforts of the Santa Monica Housing Authority in the administration of all its voucher programs.
Discussion:
Identify any specific economic development initiatives included in the jurisdiction's Comprehensive Economic Development Strategy (CEDS). If the jurisdiction does not have a CEDS, please describe other local/regional plans or initiatives that impact economic growth.
The City does not have a stand-alone Comprehensive Economic Development Strategy (CEDS). Rather, Santa Monica’s economic development efforts are led by the Community Development Department (CDD). CDD facilitates new investment and encourages economic activity consistent with the City’s adopted land use policies, as articulated in the City’s comprehensive and holistic Santa Monica Land Use and Circulation Element (LUCE) and in the City’s Downtown Community Plan (DCP). Both the LUCE and the DCP provide a long-term framework for implementing the City’s economic development goals and establish criteria for periodically assessing how well the community’s goals are being met and if adjustments to the policies are necessary. Specific ED initiatives include providing support to four business improvement districts and a property-based assessment district, the implementation of the citywide Buy Local Santa Monica campaign in partnership with the City’s business community and leasing of City-owned property to support local business activity.
Please describe City initiatives/provider partnerships aimed at narrowing the digital divide through the provision of broadband internet service and aimed at narrowing the digital divide.
The City of Santa Monica launched its Digital Inclusion Pilot in November 2015, with the goal of connecting 100% of its multi-tenant affordable housing buildings in several phases. Currently approximately 20% of the affordable housing buildings are connected. Residents are provided free internet in the Community Rooms available for K-12 afterschool programs, and adult technology trainings sponsored by non-profit groups in the evenings. For residents requesting residential service to their housing units, the very affordable $48/month Gigabit broadband service is provided after completion of a basic network troubleshooting course provided by the City. The goal is to facilitate
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interest in technology with a basic level of networking education while reducing network support costs for low-level support incidents. Currently over 100 households are paying subscribers, and over 500 households are served annually with the City’s free Community Room services.
Please describe City initiatives/agency partnerships that support the management of flood prone areas, public lands or water resources, and emergency management agencies.
The City of Santa Monica’s Office of Emergency Management routinely collaborates with multiple organizations and jurisdictions through their Operational Area partnership program. To mitigate flood risk, whether related to rainfall, dam failures, or coastal flooding, the partnership program is convened to discuss new and existing hazards within the region, and specifically to address hazards which can impact multiple jurisdictions. Through these partnerships, robust emergency planning allows for the organization to address waterways or spillways through the city and conduct emergency response exercises to address new and ongoing concerns associated with flood prone areas.
Through regular hazard identification and mitigation efforts conducted by the City, the organization routinely discourages the new development of structures in locations which can destroy natural barriers or increase the hazard vulnerability of the city due to development in high-hazard areas.
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Packet Pg. 308 Attachment: 2024-25 Action Plan Amendment (6685 : Modification for VAP Commercial Kitchen and Thelma Terry Center) Annual Action Plan
2024
66 OMB Control No: 2506-0117 (exp. 09/30/2021)
Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:
The City currently uses various administrative mechanisms to monitor progress of HUD-funded projects and activities that are under its control and jurisdiction. The goal is to ensure that Consolidated Plan and Annual Action Plan activities are carried out in a timely manner in accordance with federal regulations and other statutory or regulatory requirements. The City's primary monitoring goals are:
• Provide technical assistance to grant administrators and staff • Ensure activities are carried out in compliance with federal, state, and local requirements • Identify deficiencies and promote corrections in order to improve the City’s ability to adhere to the Consolidated Plan objectives and annual goals
City staff participate in regular meetings and communicate with subrecipients as needed to discuss project or program progress.
All Requests for Proposal (RFPs) and contracts are reviewed carefully to ensure compliance with HUD and local requirements for program delivery, financial management, procurement, personnel matters, and other such requirements. Subrecipients are required to enter into agreements that specify objectives, scope of work, applicable timelines, performance targets, budget, federal, state, and local regulatory requirements, and monitoring and reporting requirements.
In addition, the City may undertake activities through the City’s Capital Improvement Program (CIP), which funds the acquisition, expansion or rehabilitation of land, buildings, and other major infrastructure. Projects included in the CIP budget exceed $50,000 and involve public works construction.
During project implementation, subrecipients are required to submit periodic reports detailing progress toward objectives, problems and/or resolution to meeting goals, and quantitative participation data by ethnicity, income, and household status. Periodic reports and payment requests are reviewed for compliance with the project agreement, budget consistency, and documentation of expenditures.
Subrecipients are advised of any procedural errors and/or ineligible activities, and provided with technical assistance as needed.
Upon project completion, project sponsors are required to submit completion reports identifying program/project accomplishments, including number of persons or households served, ethnicity, and income level.
The City and subrecipients shall comply with participant eligibility requirements for CDBG funded
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Packet Pg. 309 Attachment: 2024-25 Action Plan Amendment (6685 : Modification for VAP Commercial Kitchen and Thelma Terry Center) Annual Action Plan
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67 OMB Control No: 2506-0117 (exp. 09/30/2021)
projects as detailed in 24 CFR Subpart C of the HUD Regulations and 24 CFR Part 92 for HOME projects.
The City or subrecipients collect income verification documentation at the time of intake and at least annually while the participant is receiving CDBG-funded services or during project construction.
Projects are subject to performance monitoring during implementation or following completion. Priority for monitoring engagements may be given to high-risk programs.
Affordable housing development projects must submit annual compliance reports throughout the period of required affordability. Reports are designed to ensure continued compliance with federal regulations, affordability and use restrictions, and other requirements as specified in project loan documents. In addition, all HOME-assisted projects will be subject to periodic on-site inspections to ensure continued compliance with federal housing quality standards.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.
1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 50,000
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 50,000
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 95.00%
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Packet Pg. 310 Attachment: 2024-25 Action Plan Amendment (6685 : Modification for VAP Commercial Kitchen and Thelma Terry Center) Annual Action Plan
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68 OMB Control No: 2506-0117 (exp. 09/30/2021)
HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)
1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:
HOME program resources are as follows:
• The 2024-25 HOME allocation of $509,965
• Estimated Program income of $40,000 from loan repayments from affordable housing developments originally funded with HOME.
• Repayments: None, see below.
• Recapture funds in local account: None, see below.
These funds will be used towards HOME Admin and TBRA as described in AP-35 Projects. The City does not use HOME funds in any other manner than those described in Section 92.205
2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:
Not applicable. The City does not use HOME funds for homebuyer activities
3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:
The City does not use HOME funds for homebuyer activities. When HOME funds are used to acquire residential rental property dedicated as affordable housing, the City applies its Housing Trust Fund Guidelines, which require 55 years of affordability.
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Packet Pg. 311 Attachment: 2024-25 Action Plan Amendment (6685 : Modification for VAP Commercial Kitchen and Thelma Terry Center) Annual Action Plan
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69 OMB Control No: 2506-0117 (exp. 09/30/2021)
4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:
Not applicable. The City does not use HOME funds to refinance existing debt. The HOME TBRA program provides rental subsidies for households whose income is at or below 60% AMI up to 24 months or longer with an extension and if funding is available. Targeted populations include tenants at-risk of losing their housing and becoming homeless (such as rent burdened households), seniors, persons living with permanent disabilities, and persons experiencing homelessness. The program is managed by the Santa Monica Housing Authority (SMHA) and operated with guidance from the SMHA Administrative Plan. Required lease terms are specific to HOME regulations. Further details about the TBRA program can be obtained from SMHA staff at 310-458-8743.
5. If applicable to a planned HOME TBRA activity, a description of the preference for persons with special needs or disabilities. (See 24 CFR 92.209(c)(2)(i) and CFR 91.220(l)(2)(vii)).
The HOME TBRA wait list does have a preference for persons with disabilities and seniors. To receive the disabled preference, the person must present evidence of disabling condition diagnosis with one or more of the following conditions: substance use disorder, serious mental illness, developmental disability (as defined in Section 102 of the Developmental Disabilities Assistance Bill of Rights Act of 2000 (42 U.S.C. 15002), post-traumatic stress disorder, cognitive impairments resulting from brain injury, or chronic physical illness or disability. To receive the senior preference, the person must be 62 years of age or older. People can qualify for both preferences if they are 62 or older and are disabled.
6. If applicable to a planned HOME TBRA activity, a description of how the preference for a specific category of individuals with disabilities (e.g. persons with HIV/AIDS or chronic mental illness) will narrow the gap in benefits and the preference is needed to narrow the gap in benefits and services received by such persons. (See 24 CFR 92.209(c)(2)(ii) and 91.220(l)(2)(vii)).
The preference for disability is not based on any specific diagnosis. However, it does narrow the gap in benefits between those individuals who are disabled and/or are seniors and those who are not.
Seniors and persons living with disabilities do not have as many options for employment compared to other low-income individuals who are not seniors or living with disabilities. Seniors and persons living with disabilities are therefore more vulnerable to rising rents which put them at greater risk of homelessness.
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Packet Pg. 312 Attachment: 2024-25 Action Plan Amendment (6685 : Modification for VAP Commercial Kitchen and Thelma Terry Center) Annual Action Plan
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70 OMB Control No: 2506-0117 (exp. 09/30/2021)
7. If applicable, a description of any preference or limitation for rental housing projects. (See 24 CFR
92.253(d)(3) and CFR 91.220(l)(2)(vii)). Note: Preferences cannot be administered in a manner that limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a).
Not applicable. HOME funds used exclusively for TBRA and administration.
N/A
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Packet Pg. 313 Attachment: 2024-25 Action Plan Amendment (6685 : Modification for VAP Commercial Kitchen and Thelma Terry Center) Annual Action Plan
2024
71 OMB Control No: 2506-0117 (exp. 09/30/2021)
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Packet Pg. 314 Attachment: 2024-25 Action Plan Amendment (6685 : Modification for VAP Commercial Kitchen and Thelma Terry Center)
CITY OF SANTA MONICA
SUMMARY OF PUBLIC COMMENTS AND INPUT
2024-25 ANNUAL ACTION PLAN
Public Hearing– March 21, 2024 (Recreation and Parks Commission) Commissioners expressed continued support for proposed uses of funding. There were no public requests to speak on the item. No written comments were received.
Public Meeting – April 23, 2024 (City Council Meeting)
City Council approved the 2024-25 Annual Action Plan without comments or questions.
There were no public requests to speak on the item. No written comments were received. 30-Day Public Review - March 22 - April 22, 2024
Two written comments/inquiries were received, both of which are attached herein in their entirety.
AMENDNED 2024-25 ANNUAL ACTION PLAN
Public Hearing– October 17, 2024 (Recreation and Parks Commission) There were no public requests to speak on the item. No written comments were received.
Commissioners provided substantial input regarding the activities impacted by the proposed substantial amendment, summarized as follows:
• Include clear signage and branding at the proposed 19th Street Community Gardens • Solicit the participation of qualified, experienced consultants to operationalize the commissary kitchen model proposed for the Virginia Avenue Park (VAP) Kitchen. • Ensure that the VAP Kitchen and any associated programing is available for use or permitting by all members of the community
• Expressed concerns that funding VAP kitchen in FY 2024-25 may jeopardize restoration of funding for 19th Street Community Gardens in FY 2025-26. • Request for alternative funding scenarios to consider in addition to the one detailed in the proposed substantial amendment.
• Suggestion to be more expansive and inclusive with respect to potential community uses of and access to the VAP Kitchen and other multiuse VAP campus facilities. • Recommendation that the RPC act as an oversight body for VAP Kitchen Operations • RPC voted unanimously to recommend that Council approve the Amended 2024-25 Action Plan, contingent on prioritization of funding for 19th Street – Phase II in the 2025-26 Annual Action Plan, with funds being available for use by the start of the 2025-26 program year on July 1, 2025.
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Packet Pg. 315 Attachment: 2024-25 Action Plan Amendment (6685 : Modification for VAP Commercial Kitchen and Thelma Terry Center)
APPENDIX D
30-Day Public Review – October 4 – November 3, 2024
No written comments received as of October 24, 2024. Any comments received by November 3, 2024 will be included in the final submission of the Amended 2024-25 Annual Action Plan to HUD.
Public Meeting – November 11, 2024 (City Council Meeting) Any comments received will be included in the final submission of the Amended 2024-25 Annual Action Plan to HUD.
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Packet Pg. 316 Attachment: 2024-25 Action Plan Amendment (6685 : Modification for VAP Commercial Kitchen and Thelma Terry Center)
CITY OF SANTA MONICA OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: Title:
Signature: Date:
Email: Phone:
FOR CITY USE ONLY:
Bid/PO/Contract # Permit #
Shawn Antin Chief Executive Officer
4/24/2024
818-994-8306 [email protected]
NA
NA
NA
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Packet Pg. 317 Attachment: Oaks Initiative Form - SMA Builders Inc. (6685 : Modification for VAP Commercial Kitchen and Thelma Terry Center) 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: _________________________________ X
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Packet Pg. 318 Attachment: Levine Act Disclosure Form - SMA Builders Inc. (6685 : Modification for VAP Commercial Kitchen and Thelma Terry Center) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:
Please note this form is a public record and subject to a California Public Records Act request.
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Packet Pg. 319 Attachment: Levine Act Disclosure Form - SMA Builders Inc. (6685 : Modification for VAP Commercial Kitchen and Thelma Terry Center) City Council
Report
City Council Meeting: November 11, 2024
Agenda Item: 5.I
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To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Award Proposal and Enter into Agreement with Boston Digital Consulting, LLC. (DBA Digital Impulse) to Design and Develop a Recruitment Website for the Santa Monica Police Department
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# 419 to Digital Impulse for recruitment website services for the Police Department.
3. Authorize the City Manager to negotiate and execute an agreement with Digital Impulse, in an amount not to exceed $131,000 for one year, with two additional one-year renewal options in the amount of $126,000, for a total amount not to exceed $257,000 over a three-year period, with future year funding contingent on Council budget approval.
Summary
The Santa Monica Police Department (“SMPD”) is committed to enhancing its recruitment strategy to address the ongoing challenges in law enforcement staffing and to attract a diverse and highly qualified pool of applicants. Staff recommends that the City engage Boston Digital Consulting, LLC (“Digital Impulse”) to develop a state-of-theart recruitment website. Digital Impulse has demonstrated a deep understanding of SMPD’s needs and has proposed a comprehensive solution that aligns with the department’s strategic goals of improving outreach and efficiency in recruitment efforts.
Their approach includes not only web development but also integrated digital marketing and content strategies to help expand SMPD’s reach. Staff recommends that Council
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award the competitively bid contract to Digital Impulse, as it is the best qualified bidder that offers a targeted approach to revamp SMPD’s digital presence, which is crucial for modernizing the Department’s recruitment processes and appealing to the next generation of law enforcement personnel.
Discussion
The Santa Monica Police Department faces ongoing challenges in recruiting and retaining qualified law enforcement personnel, a trend seen nationwide. With increasing competition for top talent, SMPD must find new ways to reach and engage a diverse and qualified applicant pool. Traditionally, recruitment obstacles are viewed through the lens of external factors, such as labor market conditions or societal perceptions.
However, SMPD recognizes that internal inefficiencies also play a significant role. The recruitment strategy, therefore, is twofold: improving internal processes to optimize candidate flow through the pipeline and enhancing external outreach to attract a larger and more diverse pool of applicants.
To remain competitive, SMPD needs a recruitment strategy that leverages digital engagement, offers a seamless user experience, and aligns with the Department’s values and community focused mission. The new recruitment website will address both internal and external recruitment challenges by providing a centralized platform that simplifies access to information, supports diverse entry pathways, and enhances applicant engagement. Key components include: a user-centric web design that allows potential candidates to easily find information, integrated digital marketing to increase visibility and attract a broader audience, and social media integration designed to engage with potential applicants across various platforms.
Digital Impulse, was selected following a comprehensive Requests for Proposal (“RFP”) competitive process that evaluated multiple vendors. Digital Impulse stood out for their deep understanding of SMPD’s unique recruitment needs and their innovative approach to addressing them. Their proposal offered a dynamic and visually compelling recruitment website, emphasizing a user experience tailored specifically to attract and engage potential law enforcement candidates. In addition to their strong design
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capabilities, Digital Impulse provided a robust backend solution that ensures ease of management, scalability, and long-term functionality. Importantly, Digital Impulse also offers integrated marketing services, including digital advertising, search engine optimization (“SEO”), and social media strategies, which are key to expanding SMPD’s recruitment reach. This holistic approach aligns with SMPD’s strategic goals of improving both recruitment efficiency and outreach efforts.
Vendor Selection
Bidder Recommendation
Best Qualified Person/Firm Boston Digital Consulting, LLC (DBA Digital Impulse) Evaluation Criteria Training/credentials/experience, competence/skill, capacity/ability to perform services promptly, character/reputation, and ability to provide future services as needed and price.
Municipal Code SMMC 2.24.190
RFPs Received
AlchemyLab Ask the Egghead Inc. Black Jack
Productions, LLC
Boston Digital
Consulting
Citrus Studios CodeBright, LLC Epic Productions of
Phoenx LLC
Exemplifi
Eyemagine Technology
LLC
Finally Free Productions Gravity Works Design
& Development
ImageX Media
Joncowest Tech Justin Phu Media Lombiq Technologies Longneck & Thunderfoot
Marketing Angle LLC One Cloud Media Sensis Soma Sciences and Arts Studio, LLC
Stellar Agency LLC Technology
International, Inc.
Tony’s Imports
Exports
World Wide Trades
USA LLC
WSI Digital Strategy
RFP Data
Posted On Posted On
Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
09/05/2024 City's Online
Bidding Site Santa Monica Daily Press 26 09/30/2024
Justification to Award
The selection process involved a thorough evaluation of each vendor's ability to meet SMPD’s specific requirements, including technical capability, relevant experience, project understanding, and cost-effectiveness. Digital Impulse consistently scored highly across all criteria, excelling in their technical approach, project comprehension, and the overall strategic value of their proposal. Their solution integrates modern design, digital marketing principles, and a scalable, easy-to-manage backend infrastructure, positioning
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SMPD to effectively engage with potential law enforcement candidates and streamline the recruitment process. Several alternative vendors were thoroughly evaluated during the selection process, each offering viable solutions. However, none matched the comprehensive value that Digital Impulse presents. While some alternatives provided strong technical or design capabilities, they lacked the full range of services that Digital Impulse offered, particularly in areas such as integrated marketing, SEO, and social media strategies which are critical to SMPD’s recruitment goals.
Based on this criteria and criteria in SMMC 2.24.190, staff recommends Boston Digital Consulting, LLC (DBA Digital Impulse) as the best qualified firm to develop a recruitment website for the Santa Monica Police Department based on the firm’s area of expertise, experience with similar projects, project work plan, and the results of reference checks.
Environmental Review
The proposed agreement is exempt from the provision of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines (common sense exemption). The proposal is covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The agreement would not result in any adverse physical environmental effects as it would provide a recruitment website. Therefore, the agreement is exempt from CEQA and no further environmental review under CEQA is required.
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to award a contract with Digital Impulse for recruitment website services.
Contract Request
FY 2024-25
Request Amount Account # Future Years Amount
Total Contract
Amount
$100,000 0180004.51100C.96070 $100,000
01180005.523110 $157,000 $157,000
Total $257,000
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Future year funding contingent on Council budget approval.
Prepared By: Jose Arroyo, Senior Administrative Analyst Approved Forwarded to Council
Attachments:
A. DIGITAL IMPULSE - Oaks Initiative Form
B. Digital Impulse - Levine Act
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CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.
All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.
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Packet Pg. 325 Attachment: DIGITAL IMPULSE - Oaks Initiative Form (6700 : Award Recruitment Website Contract)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY:
Bid/PO/Contract # ____________________________ Permit # ___________________________
5.I.a
Packet Pg. 326 Attachment: DIGITAL IMPULSE - Oaks Initiative Form (6700 : Award Recruitment Website Contract) City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
In 2022, California’s SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit City “Officers” from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or
(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form.
https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/ /boards/.
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________
5.I.b
Packet Pg. 327 Attachment: Digital Impulse - Levine Act (6700 : Award Recruitment Website Contract) 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.
5.I.b
Packet Pg. 328 Attachment: Digital Impulse - Levine Act (6700 : Award Recruitment Website Contract) City Council
Report
City Council Meeting: November 11, 2024
Agenda Item: 5.J
1 of 3
To: Mayor and City Council
From: Dana Brown, Human Resources Director, Human Resources Department Subject: Adoption of Resolution Authorizing the City Manager to Execute the Memorandum of Understanding Setting the Terms and Conditions of Medical Insurance Coverage with the Coalition of Santa Monica City Employees Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the MOU is not a project subject to the California Environmental Quality Act (CEQA);
2. Adopt the proposed Resolution (Attachment A) accepting the tentative agreement and authorizing the City Manager to negotiate and execute the Memorandum of Understanding (MOU) between the City and the Coalition of Santa Monica City Employees ("the Coalition") adopting the terms and conditions of the contract for Medical Benefits with the City's miscellaneous employee (nonsafety) units and certain unrepresented employees, namely the Management Team Association/AFSCME Local 4819, Supervisory Team Association, Administrative Team Associates, Municipal Employees Association, California Teamsters Local 911, Public Attorneys Union, Public Attorneys' Legal Support Staff Union, International Association of Sheet, Metal, Air, Rail, and Transportation Workers - Transportation Division Local 1785, Executive Pay Plan participants, Confidential Unrepresented Employee Pay Plan participants, and certain other Unrepresented Employees.
Summary
In accordance with the Meyers-Milias-Brown Act (“MMBA”), the City and the Coalition of Santa Monica City Employees (“Coalition”) have met and conferred and have reached a Tentative Agreement (“TA”) on the terms and conditions of medical benefits for miscellaneous non-sworn employees.
Negotiations with the Coalition representatives were largely informal and resulted in an expedited TA regarding medical benefits to amend the Memorandum of Understanding
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(“MOU”) between the City and the Coalition. The Coalition finalized the ratification voting process, approving the terms of the TA. City staff recommend the City Council approve the ratified TA and authorize the City Manager to execute a new MOU between the City and the Coalition.
Discussion
The Coalition represents all non-sworn City employees, for both Medical and Retirement benefits. The terms of the current MOU covering medical benefits are set to expire on December 31, 2024. The MOU covering retirement benefits is not set to expire until December 31, 2025.
The City met and conferred with the Coalition in accordance with the provisions of the MMBA, and the parties have reached a TA covering medical benefits for a three-year period. The terms of the TA continue to keep the City in alignment with our 11 comparable peer cities while simultaneously preserving a level of benefits that will keep the City competitive in a tight labor market. Peer cities include Anaheim, Beverly Hills, Burbank, Culver City, El Segundo, Glendale, Inglewood, Pasadena, Redondo Beach, Santa Barbara and Torrance.
The overall policy of the City has been to maintain competitive medical benefits in a high-cost geographic labor market to attract and retain a high-quality workforce to serve our community across a wide range of specialized services. Since most, though not all, City jobs are comparable to those in other competing municipal organizations, the City has traditionally looked to full-service cities in our region of similar size and financial strength for labor market comparisons.
The TA maintains status quo providing for the following:
• Term of Agreement: January 1, 2025, through December 31, 2027 • Pre-tax employee contributions into a Section 125 Flexible Benefit Plan • $150 Cash-in-lieu monthly lump sum payment
• 8% employee monthly contribution toward the cost of the premium of their selected medical insurance plan
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• $187.36 City contribution on behalf of each eligible active City employee into a retiree medical trust. At the beginning of each subsequent calendar year the City’s contribution will increase by 2%
• Effective date of medical benefits for employees hired by the City is the first day of the month following an employee’s date of hire
Environmental Review
The MOU is not a “project” subject to CEQA. The adoption of the MOU is administrative in nature and establishes the terms and conditions between the City and the Coalition.
Pursuant to CEQA Section 21065, the project does not meet the definition of a “project” subject to CEQA as it will not “cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment”. Additionally, per Section 15378(b) of the CEQA Guidelines, a “project” does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Therefore, the adoption of the MOU is not subject to 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. The annual cost of fringe benefits for each budgeted position is already included in the City’s adopted budget.
Prepared By: Sarah Rebensdorf, Human Resources Manager
Approved Forwarded to Council
Attachments:
A. Coalition RESO 11.11.24
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1 City Council Meeting: November 11, 2024 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ACCEPTING THE
TENTATIVE AGREEMENT AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING (UMBRELLA AGREEMENT)
WITH THE COALITION OF SANTA MONICA CITY EMPLOYEES
WHEREAS, authorized representatives of the City administration and the Coalition of Santa Monica Employees (comprised of non-sworn miscellaneous employee bargaining units and certain unrepresented employees, namely: AFSCME Local 4819, Management Team Associates; Supervisory Team Associates; Administrative Team Associates; Public Attorneys Union; Public Attorneys’ Legal Support Staff Union; Municipal Employees Association; International Association of Sheet Metal, Air, Rail, and Transportation Workers – Transportation Division Local 1785; California Teamsters Local 911; Executive Pay Plan participants; and Confidential Unrepresented Employees Pay Plan participants) (the “Coalition”), have met and conferred in accordance with the Meyers-Millias Brown Act (“MMBA”), codified at Government Code Section 3500 et seq., and have reached agreement on terms and conditions of medical insurance coverage; and
WHEREAS, in accordance with Government Code Section 3505.1, on November 11, 2024, the tentative agreement reached between authorized representatives of the
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Packet Pg. 332 Attachment: Coalition RESO 11.11.24 [Revision 1] (6716 : Coalition MOU - Medical) 2 City administration and the Coalition was presented to the City Council of the City of Santa Monica for consideration; and
WHEREAS, Government Code Section 3505.1 requires preparation of a written Memorandum of Understanding between the City and the employee organization if a tentative agreement is reached and adopted by the City Council; and WHEREAS, the purpose of the Memorandum of Understanding is to promote and provide harmonious relations, cooperation, and understanding between the City and the Coalition;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Santa Monica hereby accepts and approves the tentative agreement that has been reached between authorized representatives of the City administration and the Coalition of Santa Monica City Employees (the “Coalition”) and authorizes the City Manager to execute a Memorandum of Understanding (Umbrella Agreement) with the Coalition in accordance with this agreement, for the term of January 1, 2025, through December 31, 2027, regarding the terms and conditions of medical insurance coverage for non-sworn miscellaneous employees.
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:
5.J.a
Packet Pg. 333 Attachment: Coalition RESO 11.11.24 [Revision 1] (6716 : Coalition MOU - Medical) 3 _________________________
DOUGLAS SLOAN
City Attorney
5.J.a
Packet Pg. 334 Attachment: Coalition RESO 11.11.24 [Revision 1] (6716 : Coalition MOU - Medical) City Council
Report
City Council Meeting: November 11, 2024
Agenda Item: 5.K
1 of 5
To: Mayor and City Council
From: Feroz Merchhiya, Chief Information Officer, Information Services Department Subject: Approval of Agreement with Logicalis, Inc. for Cisco Software Licenses, Equipment, and Related Support and Maintenance.
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) and a finding of Categorical Exemption pursuant to Section 15302 of the California Environmental Quality Act (CEQA) Guidelines;
2. Authorize the City Manager to negotiate and execute and agreement with Logicalis, Inc., for Cisco software licenses, equipment, and related support and maintenance for the Information Services Department. This recommended award is made as an exception to the competitive bidding process pursuant to Municipal Code Section 2.24.250 (c) and is for a total amount not to exceed $5,695,000 over a five-year term, with future year funding contingent on Council budget approval.
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Executive Summary
The City’s telecommunications network and communication tools, including Cisco Webex, VOIP telephone systems, and network equipment, are essential for effective City operations. Maintaining up-to-date equipment and services is critical for ensuring seamless communication, collaboration, and network reliability and security for City staff and public services. This agreement covers Cisco Webex subscription licenses, the replacement of aging VOIP telephone equipment, and Cisco network equipment over the next five years.
Staff seeks approval to enter a five-year agreement with Logicalis, Inc. for these services, allowing purchase orders to be issued as needed for software licenses, equipment, and related support and maintenance. The contract is for a total amount not to exceed $5,695,000.
Discussion
The City’s network supports its data and telecommunications systems, facilitating critical operations. Cisco Webex and customer contact center systems are integral to daily collaboration and communication for the public, City staff, especially in remote and hybrid work environments. Additionally, the City’s Cisco VOIP telephone systems and network equipment require regular replacement and updates to ensure they function reliably and meet the City’s operational needs.
In FY 2024-25, the proposed agreement will cover Cisco Webex subscription licenses (estimated $436,800), replacement of Cisco VOIP telephone equipment (estimated $131,400), Cisco equipment maintenance and support renewal (estimated $339,700), and the replacement of other necessary Cisco equipment as it fails or becomes outdated (estimated $386,100), which total the FY 2024-25 agreement request of $1,294,000.
The total not to exceed amount of $5,695,000 covers the estimated cost of 5 years of Cisco Webex subscription licenses, 5 years of Cisco equipment maintenance and support renewal, and the cost of upgrading and licensing 50 Cisco switches over 5
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years. Also reflected in the total not to exceed amount of $5,695,000 is the estimated cost to refresh and license an estimated 500 Wireless Access Points (WAP) over 5 years, and the replacement of Cisco VOIP telephone equipment, which is projected to completion in FY 2026-27.
By establishing this five-year agreement with Logicalis, Inc., the City can streamline the procurement process for Webex licenses, VOIP telephone equipment, and Cisco network equipment, issuing purchase orders as needed. This will ensure timely maintenance and support, updates and replacements, minimizing potential service interruptions and network outages.
Vendor Selection
Exception to Competitive Bidding
Staff recommends Logicalis, Inc. as the vendor for Cisco software licenses, equipment, and related support and maintenance as needed based on Municipal Code 2.24.250(c).
Logicalis, Inc. is an authorized reseller of Cisco equipment, and the City intends to piggyback on IFB 0284, which was conducted and awarded by the Los Angeles Department of Water and Power (LADWP). This ensures competitive pricing for the City.
c. Competitive procedures were followed by a governmental agency, including a federal, state, county, city, joint powers agency, special district, or cooperative purchasing agency consisting of one or more such agencies, that are equivalent to the procedures set forth in this Chapter, and the goods or services are supplied to the City at the same or better price as the price obtained by that agency;
Environmental Review
The proposed agreement with Logicalis, Inc. to provide Cisco licenses, and related support is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Cisco licenses and related support are programmatic in nature and would not result in adverse physical effects on the environment, so therefore, are exempt from CEQA.
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The proposed agreement with Logicalis, Inc. to provide Cisco equipment and related support is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement/Reconstruction) of the CEQA Guidelines.
Section 15302 exempts Class 2 (Replacement or Reconstruction) projects which include the replacement or reconstruction of existing structures and facilities where the new structure will be located in the same site as the structure being replaced and will have substantially the same purpose and capacity as the replaced structure. The proposed agreement will allow for the issuance of purchase orders as needed for the purchase of replacement equipment to support the City’s network Infrastructure, customer contact center and telecommunications. Therefore, the agreement for replacement of the optical network is exempt from CEQA pursuant to Section 15302.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from various funds to execute an agreement with Logicalis, Inc. for Cisco software licenses, equipment, and related support and maintenance as needed. The cost of department-specific network infrastructure projects is charged to each department or applicable CIP account, as needed.
Agreement Request
FY 2024-25 Request
Amount
Future Years
Amount
Account
Number(s)
Total Contract
Amount
$1,294,000 $4,401,000 Various $5,695,000
Future year funding is contingent on Council budget approval.
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Prepared By: Sarkis Metspakyan, Infrastructure and Cloud Services Manager Approved Forwarded to Council
Attachments:
A. Levine Act Disclosure Form Logicalis
B. OAKS INITIATIVE FORM Logicalis
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City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
In 2022, California’s SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit City “Officers” from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or
(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form.
https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________
5.K.a
Packet Pg. 340 Attachment: Levine Act Disclosure Form Logicalis (6717 : Approval of Agreement with Logicalis for Cisco Software Licenses, Equipment, and 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.
5.K.a
Packet Pg. 341 Attachment: Levine Act Disclosure Form Logicalis (6717 : Approval of Agreement with Logicalis for Cisco Software Licenses, Equipment, and 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
5.K.a
Packet Pg. 342 Attachment: Levine Act Disclosure Form Logicalis (6717 : Approval of Agreement with Logicalis for Cisco Software Licenses, Equipment, and