City of Santa Monica
City Council Meeting
AGENDA
LANA NEGRETE
MAYOR
ELLIS RASKIN CAROLINE TOROSIS
COUNCILMEMBER MAYOR PRO TEM
DAN HALL BARRY SNELL
COUNCILMEMBER COUNCILMEMBER
JESSE ZWICK NATALYA ZERNITSKAYA
COUNCILMEMBER COUNCILMEMBER
DAVID WHITE
CITY MANAGER
DOUGLAS SLOAN
CITY ATTORNEY
NIKIMA NEWSOME
CITY CLERK
STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive
public process, and tools for forging sound decisions
• Hate has no place in Santa Monica. The City opposes
abusive or threatening hate speech, intolerance, or
dehumanization, and supports basic civil respect and
human decency.
• Listen to others respectfully;
• Exercise self-control;
• Give open-minded consideration
to all viewpoints;
• Focus on the issues and avoid
personalizing debate;
Regular meetings are broadcast live on CityTV cable channel 16 and on the internet at santamonica.gov. Cable television re-broadcasts air on Thursday and Saturday at 11:30 AM. The agenda will air on CityTV on Saturday and Sunday at 11:00 AM and 6:00 PM, and on Monday and Tuesday at 12:30 PM and 6:00 PM.
City of Santa Monica Generated: 12/20/2024 1:43 PM Page 2
RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11630(CCS))
WAYS TO PROVIDE PUBLIC COMMENT
If you are interested in providing public comment at a City Council meeting, there are several ways to participate:
(1) Written public comment. In lieu of oral public comment, the public is strongly encouraged to submit written public comment on agenda items via email to [email protected]. Written public comment submitted by 12:00 pm on the day of the meeting will be available for online viewing. Please note the agenda item number in the subject line of your written comments. (2) Oral public comment. Persons wishing to address the City Council regarding items on the agenda must be present and submit their name and address (optional) to the City Clerk before the public comment section is opened for that item or before the public hearing is opened where one is required by law. Register to speak at the Speaker Kiosk prior to the meeting. Remarks from the public are limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes and a minimum of one minute per item. Except for the author of the request, public comment on 15-items are limited to 1 minute. Except on Public Input, speakers appearing at the meeting in person, may donate 2 minutes to another person present in-person at the meeting, who may speak for a total of 4 minutes on that item.
Both the donor of time and the designated speaker must register at the Speaker Kiosk in person together.
Oral public comment from any one individual is limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes per agenda item; under some circumstances, Council may change the maximum to 1 minute per agenda item.
Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made. Information regarding the Levine Act can be found here or you can contact the FPPC.
ORDER OF BUSINESS (may not be changed except by majority vote of the City Council.)
1. General Public Input
(members of the public may address the City Council
only on items not on the agenda, but within the
subject matter jurisdiction of the City).
2. Public Comment for Closed Session, Special
Agenda, and Consent Calendar Items Only
(Commendations and Proclamations presented).
3. Special Agenda Items (City Manager’s Report,
Presentations, etc.).
4. Closed Session.
5. Consent Calendar (All items considered in one
motion unless removed by a City Councilmember for
discussion. Public comment shall be heard prior
to City Council discussion).
6. Public Comment on remaining Agenda Items
7. Study Session.
8. Continued Items.
9. Administrative Proceedings.
10. Ordinances:
• 1
st Reading
• 2
nd Reading
11. Staff Administrative Item.
12. Public Hearings.
13. Reports of Boards and Commissions.
14. Resolutions.
15. Written Communications (other than
Reports of Commission and Officers).
16. Councilmember Discussion Items.
Agendas and reports are accessible on the City's webpage at smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].
Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.
City of Santa Monica Generated: 12/20/2024 1:43 PM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR AND SPECIAL MEETING
.CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250, SANTA
MONICA, CA AND, 10 SIBONNE RD, GRACE
BAY,TURKS AND CAICOS TKCA 1ZZ
TUESDAY, DECEMBER 17, 2024
MEETING BEGINS AT 5:30 PM (PST)
HOW TO PROVIDE WRITTEN PUBLIC COMMENT:
Written public comment can be submitted via email to [email protected].
Written comments received prior to 12:00 pm on the day of the meeting will be available online. Please note the agenda item number in the subject line of your written comments.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
City of Santa Monica Statement of Accountability (Land Acknowledgement) The City of Santa Monica is located on the land of Tovangaar. With great respect, the City acknowledges the Gabrieleño/Tongva as the First People of this ancestral and unceded territory of Kuruvungna, a village that we know as Santa Monica. We honor their elders, past and present, and the Gabrieleño descendants who are part of the Gabrieleño /Tongva tribes.
We recognize that these peoples are still here, and as settlers and kuyam (guests), we recognize our responsibility and obligation to care for their land in partnership with them.
The City of Santa Monica commits to work in partnership with the Gabrieleño/Tongva people to uplift their voices and visibility on their ancestral land.
1. PUBLIC INPUT
(Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item.)
1.A. Written Comments
2. PUBLIC INPUT (AGENDA ITEMS UNDER CLOSED SESSION, SPECIAL AGENDA
ITEMS, CONSENT CALENDAR ONLY)
City of Santa Monica Generated: 12/20/2024 1:43 PM Page 4
3. SPECIAL AGENDA ITEMS
3.A. City Manager Report
4. CLOSED SESSIONS
4.A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):
Maria Gonzalez v. City of Santa Monica, et al.; LASC Case No. 23SMCV01759 - New Item Received. 12/13/2024
4.B. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):
Pico Neighborhood Association and Maria Loya v. City of Santa Monica; LASC Case No. BC616804 - New Item Received. 12/13/2024
4.C. Public Employee Appointment – Gov. Code § 54957(b): Consider public employee appointment; title: City Manager/Interim City Manager; Gov. Code § 54957.6: Conference with labor negotiator; City negotiator: Mayor/Personnel Director; unrepresented employee: City Manager/Interim City Manager - New Item Received. 12/13/2024
4.D. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):
Lucinda Manera v. City of Santa Monica; LASC Case No. 21STCV43159 [report out only] - New Item Received. 12/13/2024
4.E. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):
Elroy W. McCrary, Jr. v. City of Santa Monica; LASC Case No. 23SMCV03343 [report out only] - New Item Received. 12/13/2024
4.F. Conference with Real Estate Negotiator pursuant to Government Code § 54956.8: Property: 1855 Main Street, Santa Monica, California (Civic Auditorium) (APN 4290-013-901); City Negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Economic Development Administrator; Owner of Record: City of Santa Monica; Persons to be negotiated with: Tim Sexton, Revitalization Partner Group, LLC; Under negotiation: Price and Terms of Payment for Lease - New Item Received. 12/13/2024
The following is the order of business for items to be heard no earlier than 7:00 p.m.
5. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents. No public discussion is permitted on ordinances for second reading and adoption.)
5.A. City Council - Special Meeting - Apr 23, 2024 5:35 PM City of Santa Monica Generated: 12/20/2024 1:43 PM Page 5
5.B. City Council - Regular Meeting - Nov 11, 2024 5:30 PM
5.C. Approval of Agreement #11364 Modification with Gillig LLC to Purchase Thirty 40-foot Battery Electric Buses
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines;
2. Authorize the City Manager to negotiate and execute a first modification to agreement #11364 in the amount of $46,800,876 with Gillig, LLC to furnish and deliver up to thirty 40-foot battery electric buses to the Santa Monica Department of Transportation and authorize a notice to proceed to Gillig, LLC in reference to the agreement. This will result in an amended agreement with a new total amount not to exceed $64,948,546, with future year funding contingent on Council budget approval.
5.D. Award Contract to Nastich Law for Parking Citations Hearing Examiner Services
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the contract is not a project subject to the California Environmental Quality Act (CEQA);
2. Award RFP# 426 to Nastich Law, a Professional Corporation (“Nastich Law”) for parking citation hearing examiner services for the Department of Transportation;
3. Authorize the City Manager to negotiate and execute an agreement with Nastich Law, in an amount not to exceed $240,000 for three years with two one-year renewal options in the amount of $176,000 on the same terms and conditions for a total amount not to exceed $416,000 over a five-year period, with future year funding contingent on Council budget approval.
5.E. Approval of Lease with NEON Rated for 3200 Airport Ave and Associated Contract Modifications with Corporate Realty Group and Swinerton Builders Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) guidelines;
2. Authorize the City Manager to negotiate and execute a Lease with NEON Rated, LLC, dba (“NEON”), a California-based company for general office and administrative uses located at 3200 Airport Avenue;
3. Authorize the City Manager to negotiate and execute a second modification to professional services agreement #11419 in the amount of $251,565 with Corporate Realty Group (“CRG”) for commercial real estate broker services associated with these negotiations. This would result in a 5-year amended City of Santa Monica Generated: 12/20/2024 1:43 PM Page 6 agreement with a new total amount not to exceed $3,675,462 with future year funding contingent on Council budget approval;
4. Authorize the City Manager to negotiate and execute a second modification to agreement #11365 (CCS) in an amount not to exceed $2,500,000 (including contingency) with Swinerton Builders (“Swinerton”) for costs associated with additional scope required for tenant improvements related to lease negotiations at 3200 Airport Avenue for the Public Works Department. This would result in an amended agreement with a new total amount not to exceed $12,084,792 with future year funding contingent on Council budget approval;
5. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority; and
6. Authorize budget amendments as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
5.F. Award Bids and Master Service Agreements for Construction Services Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemptions pursuant to Section 15301 and Section 15302 of the California Environmental Quality Act (CEQA) Guidelines;
2. Award Bid #SP2524-2024 to fifteen California-based general contractors as follows; CSI Electrical Contractors Inc, DECOMA Industries, Estate Design and Construction, Global Builders Inc, Jilk Heavy Construction, Metro Builders & Engineers, Olympos Construction, Inc., Omega Construction Company, Palp Inc. dba Excel Paving Company, RAMCO General Engineering, Sully Miller Contracting, Swinerton, Tiger Construction, Waisman Construction, W.A Rasic Construction; to provide as-needed construction, maintenance, or repair services on various projects for the Public Works Department; and
3. Authorize the City Manager to negotiate and execute as-needed services agreement(s) with fifteen general contractors as follows; CSI Electrical Contractors Inc, DECOMA Industries, Estate Design and Construction, Global Builders Inc, Jilk Heavy Construction, Metro Builders & Engineers, Olympos Construction, Inc., Omega Construction Company, Palp Inc. dba Excel Paving Company, RAMCO General Engineering, Sully Miller Contracting, Swinerton, Tiger Construction, Waisman Construction, W.A Rasic Construction; in an amount not to exceed $5,000,000 for each agreement, over a five-year period, subject to Council budget approval projects and project funding.
5.G. Award a Contract to Siemens Industry, Inc. to Provide Building Automation System Software Maintenance, Repairs, and Upgrades.
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.
City of Santa Monica Generated: 12/20/2024 1:43 PM Page 7
2. Authorize the City Manager to negotiate and execute an agreement with Siemens Industry, Inc. to provide building automation system software maintenance, repairs and upgrades, in an amount not to exceed $750,000 over a five-year period with future year funding contingent on Council budget approval.
5.H. Approval of contracts for operation and maintenance of traffic signal controller software, traffic signal central software, vendor cloud services, and support services for migration to current versions of software.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the contract is not a “project” subject to the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a software maintenance agreement including vendor cloud hosting with Q-Free America, Inc. and a contractual services agreement with Control Tech West, Inc., for maintenance of the City’s traffic signal system for the Department of Transportation. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(b) and is for a total amount not to exceed $270,450 with future year funding contingent on Council budget approval.
5.I. Award Construction Contract for Department of Transportation Maintenance Building Resinous Flooring Replacement and Award Construction Management Contract for Maintenance Building Resinous Flooring Replacement, Propulsion Infrastructure, Facilities Greening, and Administration Building Tier 2 Seismic Retrofit Projects 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. Award Bid #SP2713 to Stonhard, Division of Stoncor Group, Inc., for the SMDOT Maintenance Building Resinous Flooring Replacement Improvements Project for the Public Works Department;
3. Award Request for Proposal (RFP) SP#2713, SP#2720, SP#2577 and SP#2575 to Wildan Engineering to provide construction management and observation services for the SMDOT Maintenance Building Resinous Flooring Replacement Improvements Project, SMDOT Propulsion Infrastructure Project, SMDOT Facilities Greening Project and SMDOT Administration Building Tier 2 Seismic Retrofit Project for the Public Works Department;
4. Authorize the City Manager to negotiate and execute a contract with Stonhard, Division of Stoncor Group, Inc., in an amount not to exceed $1,441,000 (including a 10% contingency);
5. Authorize the City Manager to negotiate and execute a construction management agreement with Wildan Engineering in an amount not to exceed $1,026,148 for a term of five years; and
City of Santa Monica Generated: 12/20/2024 1:43 PM Page 8
6. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.
5.J. Award Bid No. 4486 to On Duty Uniforms, Inc. and Purchase Order to Galls, LLC for the Purchase and Delivery of Uniforms for the Fire Department Recommended Action
Staff recommends that the City Council:
1. Award Bid #4486 to vendor On Duty Uniforms, Inc. for the purchase and delivery of uniforms for the Santa Monica Fire Department;
2. Authorize the Procurement Manager to issue a purchase order with On Duty Uniforms, Inc. for the purchase and delivery of uniforms in an amount not to exceed $300,000 over a term of five years, with future years funding contingent on Council budget approval;
3. Authorize the Procurement Manager to issue a purchase order with Galls, LLC for the purchase and delivery of uniforms in an amount not to exceed $115,000 over a term of five years, with future years funding contingent on Council budget approval; and
4. Adopt a finding that the purchase orders are not subject to the California Environmental Quality Act (CEQA).
5.K. Award Bid and Enter into Agreement with Convergint Technologies LLC for Closed Circuit Television Camera (CCTV) Equipment for the 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 Bid # 4490 to Convergint Technologies LLC for the purchase, installation, repair, and maintenance of CCTV cameras for the Police Department; and
3. Authorize the City Manager to negotiate and execute an agreement with Convergint Technologies LLC, in an amount not to exceed $2,000,000 over a five-year period, with future year funding contingent on Council budget approval.
5.L. Award Proposal and Enter into Agreement with SurveillanceGRID Integration Inc. for Investigative and Real-Time Video Analytics Platform.
City of Santa Monica Generated: 12/20/2024 1:43 PM Page 9 Recommended Action
Staff recommends that the City Council:
1. Award the contract for RFP #418 to SurveillanceGRID Integration Inc. for services related to the development of an investigative and real-time video analytics platform for the Police Department.
2. Authorize the City Manager to negotiate and execute an agreement with SurveillanceGRID Integration Inc. in an amount not to exceed $716,562 over a three-year period, with future year funding contingent on Council budget approval.
3. Adopt a finding that the agreement is not a “project” subject to the California Environmental Quality Act.
5.M. Accept 2023 State Homeland Security Program (SHSP) Grant Funds and Approve Second Modification to Agreement with Fire Resources, LLC Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Authorize the City Manager to accept a grant awarded in the amount of $880,000 from the federal Department of Homeland Security for the 2023 State Homeland Security Program grant in the Fire Department and City Manager’s Office, and to accept all grant renewals;
3. Authorize the City Manager to execute all necessary documents to accept the grant, all grant renewals, and modifications;
4. Authorize the City Manager to negotiate and execute a second modification to agreement #11339 in the amount of $185,000 with Fire Resources, LLC to assist the Los Angeles Area Fire Chief’s Association Regional Training Group hosted by the Santa Monica Fire Department. This will result in a five-year amended agreement with a new total amount not to exceed $740,000, with future year funding contingent on the availability of grant funds and Council budget approval; and
5. Authorize a budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
5.N. Award Agreement to Heal the Bay for Santa Monica Pier Aquarium Educational Consulting Services and Administering the Coastal Cleanup Day Activities
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) and a finding of Categorical Exemption pursuant to Section 15307 of the California Environmental Quality Act (CEQA) guidelines; and
2. Authorize the City Manager to negotiate and execute an agreement with Heal the Bay, a California-based non-profit organization, for Santa Monica Pier Aquarium educational consulting and technical advisory services and City of Santa Monica Generated: 12/20/2024 1:43 PM Page 10 programming, and to administer the annual Coastal Cleanup Education for the Public Works Department.
3. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (b) and is for a five-year agreement, not to exceed $250,000, with future year funding contingent on Council budget approval.
5.O. Approval of Modifications to Recreational Services Agreements To Provide Revenue Supported Tennis Instruction
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 second modification to agreement #4932 in the amount of $150,000 with Richard Goldenson, a California-based company, to provide revenue supported tennis instruction.
This will result in a 3-year amended agreement with a new total amount not to exceed $399,000; and,
3. Authorize the City Manager to negotiate and execute a second modification to agreement #4938 in the amount of $125,000 with Damian Mooney, a California-based company, to provide revenue supported tennis instruction.
This will result in a 3-year amended agreement with a new total amount not to exceed $374,000; and,
4. Authorize the City Manager to negotiate and execute a second modification to agreement #4929 in the amount of $125,000 with Peter Fox, a Californiabased company, to provide revenue supported tennis instruction. This will result in a 3-year amended agreement with a new total amount not to exceed $374,000.
5.P. Approval of Seventh Contract Modification with Carahsoft/Granicus for Electronic Agenda Management Services
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a seventh modification to Agreement 9784 (CCS) in the amount of $14,050 with Carahsoft/Granicus for an agenda management software system for the Records and Election Services Department. This will result in a 12.5-year amended agreement with a new total amount not to exceed $257,550, with future year funding contingent on Council budget approval; and
2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
5.Q. Authorization to Accept the U.S. Department of Justice's FY2024 Law Enforcement Mental Health and Wellness Act Grant
City of Santa Monica Generated: 12/20/2024 1:43 PM Page 11 Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant awarded in the amount of $200,000 from the U.S. Department of Justice’s Law Enforcement Mental Health and Wellness Act (LEMHWA) Grant Program for mental health support in the Police Department, and to accept all grant renewals.
2. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals.
3. Adopt a finding that the award grant is not a project subject to the California Environmental Quality Act
4. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
5.R. Award an Agreement with Axon Enterprises, Inc. for Taser Devices for the 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. Authorize the City Manager to negotiate and execute an agreement with Axon Enterprises, Inc. for Taser 10 devices for the Police Department. This recommended award is made as an exemption to the competitive bidding process pursuant to Section 2.24.250 (c) and is for a total amount not to exceed $1,840,000 over a five-year period, with future year funding contingent on Council budget approval.
5.S. Approval of Fourth Contract Modification with Clean Earth Environmental Solutions, Inc. for Hazardous Waste Services
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemptions pursuant to Section 15301 and Section 15308 of the California Environmental Quality Act (CEQA) guidelines; and
2. Authorize the City Manager to negotiate and execute a fourth modification to agreement #11051 (CCS) in an amount not to exceed $1,118,000 with Clean Earth Environmental Solutions, Inc. for hazardous waste services for the Public Works Department. This will result in a five-year amended agreement with a new total amount not to exceed $2,198,000, with future year funding contingent on Council budget approval.
5.T. Approval of Fourth Modification to Contract with JAS Pacific, Inc. for Professional Services
City of Santa Monica Generated: 12/20/2024 1:43 PM Page 12 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 fourth modification to agreement #10637 (CCS) in the amount of $350,000 with JAS Pacific, Inc. for seismic plan review services for the Community Development Department.
This will result in an eight-year amended agreement with a new total amount not to exceed $975,000, with future year funding contingent on Council budget approval.
5.U. Second Reading and Adoption of an Ordinance Amending Municipal Code Section 4.65.030 to Extend the Living Wage Ordinance Exemption for the Term of the Contract with McCormick Ambulance for Emergency Ambulance Services and Medical Billing Services
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
5.V. Approval of First Modification to Agreement with UKG (Kronos, Inc.) for Hardware Maintenance Services
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines
2. Authorize the City Manager to negotiate and execute a first modification to agreement #11411 in the amount of $37,211 (including a $3,383 contingency) with UKG (Kronos Inc.) to provide hardware maintenance services for City timekeeping devices. This will result in a five-year amended agreement with a new total amount not to exceed $3,462,672, with future year funding contingent on Council budget approval.
5.W. Approval of Modification to Agreement Between the City of Santa Monica and NEOGOV To Add NEOGOV'S Onboard Platform Service
Recommended Action
Staff recommends that the City Council
1. Adopt a finding that the proposed modification to the existing agreement between the City and Governmentjobs.com (dba NEOGOV) is not subject to CEQA because the proposed modification is not a “project” pursuant to Section 21065 of the CEQA Guidelines.
2. Adopt a finding that the proposed modification is not subject to CEQA because it is not a “project” pursuant to Section 15378(b) of the CEQA Guidelines.
3. Authorize the City Manager to negotiate and execute a fourth modification of agreement #10257 with NEOGOV, to provide Human Resources access to NEOGOV’s onboarding platform service, increase the contact price to pay for City of Santa Monica Generated: 12/20/2024 1:43 PM Page 13 the additional service, and add provisions to the existing agreement pertaining to the protection of personal identifying information that is stored and maintained by NEGOV. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.250(b). This will result in an amended agreement with a new total amount not-to-exceed $459,655, with future year funding contingent on Council budget approval.
. SPECIAL MEETING OF THE REDEVELOPMENT SUCCESSOR AGENCY . ROLL CALL
5.X. Annual Report on Low-Mod Income Housing Asset Fund Recommended Action
Staff recommends that the Redevelopment Successor Agency:
1. Receive the Annual Report on the Low- and Moderate-Income Housing Asset Fund for Fiscal Year 2023-24 and authorize the City Manager to post the report on the City's website by December 31, 2024; and
2. Direct the City Manager to present the independent audit of the Low- and Moderate-Income Housing Asset Fund to the City Council upon completion of the independent audit of the City’s Annual Comprehensive Financial Report (ACFR) and authorize the City Manager to post the results of the audit on the City's website after presentation to City Council.
5.Y. Approval of Annual Recognized Obligation Payment Schedule (ROPS) Recommended Action
Staff recommends that the Redevelopment Successor Agency:
1. Adopt resolutions approving the Agency’s recognized obligation payment schedule and administrative budget for July 1, 2025 through June 30, 2026.
2. Adopt a finding that the recognized obligation payment schedule is not a “project” subject to the California Environmental Quality Act (CEQA).
5.Z. Approval of Minutes for Redevelopment Successor Agency Meeting - New Item Received. 12/13/2024
Recommended Action
Staff recommends that the Redevelopment Successor Agency approve the minutes of the February 13, 2024 meeting.
. ADJOURNMENT OF SPECIAL MEETING
6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
. Public Input for 12-Items will be heard at the time when the Public Hearing is called.
7. STUDY SESSION
City of Santa Monica Generated: 12/20/2024 1:43 PM Page 14 No items
8. CONTINUED ITEMS
No items
9. ADMINISTRATIVE PROCEEDINGS
No items
10. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)
10.A. Introduction and First Reading of an Interim Zoning Ordinance Amending Interim Zoning Regulations Established by Interim Zoning Ordinance 2764 (CCS) and Extended by Interim Zoning Ordinance 2770 (CCS) to Extend the Operating Hours for the City’s Existing Cannabis Retailers Consistent with State Law
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. Introduce for first reading an Interim Zoning Ordinance amending interim zoning regulations established by Interim Zoning Ordinance 2764 (CCS) and extended by Interim Zoning Ordinance 2770 (CCS) to extend the operating hours for the City’s existing cannabis retailers consistent with State law.
10.B. Approval of Contracts for Implementation of SaMo Bridge Program And Introduce and Adopt Emergency Interim Zoning Ordinance to Exempt City Uses from Temporary Use Permit Requirements During a Declared Emergency - New Item Received. 12/13/2024
Recommended Actions
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Sections 15061(b)(3) (Common Sense Exemption) and 15303 (New Construction and Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines.
2. Introduce and Adopt an Emergency Interim Zoning Ordinance to Exempt Uses on City-Owned Property and that Use City Funds From Temporary Use Permit Requirements During a Declared Local or State of Emergency
3. Authorize the City Manager to negotiate and execute an agreement with Exodus Recovery, Inc. (Exodus) to operate SaMo Bridge. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.250(i) and 2.24.240(a) and is a City of Santa Monica Generated: 12/20/2024 1:43 PM Page 15 total amount not to exceed $5,599,582 over a 3-year period, with future year funding contingent on Council budget approval.
4. Authorize the City Manager to negotiate and execute an agreement with Willscot for mobile trailers. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.250(i) and 2.24.240(a) and is a total amount not to exceed $650,000 for three years with future funding contingent on Council budget approval.
5. Authorize the City Manager to negotiate and execute an agreement with Moss Adams for SaMo Bridge program evaluation and fiscal audit services.
This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.250(i) and
2.24.240(a) and is a total amount not to exceed $350,000 for three years, with future year funding contingent on Council budget approval.
6. Authorize the City Manager to negotiate and execute an agreement with Elizabeth Anderson Consulting (EAC) for grant consulting services. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.250(i) and
2.24.240(a) and is a total amount not to exceed $225,000 for three years, with future year funding contingent on Council budget approval.
7. Approve a limited term administrative position (Senior Legal Analyst) for legal data analysis, grant implementation, and ongoing grant management as described in the “Funding and Staffing Recommendations section of this report.
8. Authorize a budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
11. STAFF ADMINISTRATIVE ITEMS
11.A. Approve Deal Terms and Authorize Development and Disposition Agreements (DDAs) and Ground Leases for 1217 Euclid Street, 1211-1217 Fourteenth Street, and 1402 Wilshire Boulevard
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a Ground Lease with a fifty-five (55) year term, with two options to extend by twenty-two (22) years each, and a Disposition and Development Agreement (DDA) with Hollywood Community Housing Corporation (HCHC) for development and operation of affordable housing on City-owned property located at 1217 Euclid Street;
2. Authorize the City Manager to negotiate and execute a Ground Lease with a fifty-five (55) year term, with two options to extend by twenty-two (22) years each, and a Disposition and Development Agreement (DDA) with HCHC for development and operation of senior affordable and senior permanent supportive housing at 1211-1217 Fourteenth Street on property to be acquired by HCHC at 1402 Wilshire Boulevard and deeded to the City;
3. Declare 1402 Wilshire Boulevard “exempt surplus land” as defined in Government Code Section 54221(f) upon the City receiving fee title to the site at closing of construction financing;
City of Santa Monica Generated: 12/20/2024 1:43 PM Page 16
4. Adopt a Resolution declaring 1402 Wilshire Boulevard as exempt surplus land, contingent upon HCHC acquiring the site and transferring fee title to the City at closing of construction financing, and authorize the City Manager to take actions necessary to comply with the Surplus Land Act (Government Code sections 54220 et seq.;
5. Authorize the City Manager to submit the report of declared exempt surplus land as part of the Annual Report to the California Department of Housing and Community Development (HCD), in conformance with state law;
6. Authorize the City Manager to negotiate and execute all necessary documents to make a Housing Trust Fund loan to HCHC in an amount consistent with the Housing Trust Fund Guidelines loan limits;
7. Provide direction to staff regarding public replacement parking including any City investment from the Housing Trust Fund;
8. Adopt a finding that the actions to approve the Ground Leases and DDAs for the Developments are exempt from CEQA pursuant to CEQA Guidelines Section 15182 and a finding that the Developments have been previously analyzed in the 6th Cycle Housing Element Environmental Impact Report (SCH# 2020100575).
12. PUBLIC HEARINGS
12.A. Public Hearing and Adoption of Resolution to issue Bonds for the Benefit of 710 Broadway Affordable
Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing under the requirements of the Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended;
2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
3. Adopt a resolution approving the issuance of California Municipal Finance Authority bonds in an amount not-to-exceed $350,000,000 for the benefit of 710 Affordable LP or a related or successor entity for the purpose of financing or refinancing the acquisition, construction, improvement, and equipping of a multifamily rental housing project located at 710 Broadway, Santa Monica.
13. REPORTS OF BOARDS AND COMMISSIONS
No items
14. RESOLUTIONS
No items
15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND
OFFICERS
No items
City of Santa Monica Generated: 12/20/2024 1:43 PM Page 17
16. COUNCILMEMBER DISCUSSION ITEMS
16.A. Recommendation to accept Dan Hall's resignation from the Santa Monica Pier Corporation and authorize the City Clerk to publish the vacancy - New Item Received. 12/13/2024
16.B. Recommendation to accept Natalya Zernitskaya's resignation from the Transient Occupancy Tax Advisory Committee and authorize the City Clerk to publish the vacancy - New Item Received. 12/13/2024
16.C. Recommendation to accept Jason Brown's resignation from the Personnel Board and authorize the City Clerk to publish the vacancy - New Item Received. 12/13/2024
16.D. Recommendation to accept Kera Blades-Snell's resignation from the Santa Monica Travel and Tourism Board and authorize the City Clerk to publish the vacancy - New Item Received. 12/13/2024
16.E. Recommendation to accept Andrew Gomez's resignation from the Recreation and Parks Commission and authorize the City Clerk to publish the vacancy - New Item Received. 12/13/2024
16.F. Recommendation to accept Derek Devermont's resignation from the Public Safety Reform and Oversight Commission and authorize the City Clerk to publish the vacancy - New Item Received. 12/13/2024
16.G. Appointments to Vacant Seats on the Audit Subcommittee - New Item Received. 12/13/2024
16.H. Designate a Councilmember as a Governing Board Representative to the Westside Cities Council of Governments (COG) and designate an Alternate Governing Board Representative. The Joint Powers Authority and By-laws require each City Council to designate one of its Councilmembers as a Governing Board Representative and one Councilmember as an Alternate Governing Board Representative. - New Item Received. 12/13/2024
16.I. Designation of City's voting delegate and alternate to Southern California Association of Governments (SCAG) 60th Annual Regional Conference and General Assembly Business Meeting from May 1-2, 2025 at the JW Marriott Desert Springs Resort & Spa in Palm Desert, CA - New Item Received. 12/13/2024
16.J. Designation of a Councilmember to the Independent Cities Association (ICA). - New Item Received. 12/13/2024
16.K. Designation of voting delegate and alternate(s) for the CalCities Annual Conference and Expo, to be held October 8 -10, 2025, in Long Beach, California. - New Item Received. 12/13/2024
City of Santa Monica Generated: 12/20/2024 1:43 PM Page 18
16.L. Designation of a representative to serve as a director of the Board of Clean Power Alliance. The Joint Powers Authority requires the governing body of a member agency to appoint and designate, in writing, one Regular Director who shall be authorized to act for and on behalf of the Party on matters within the powers of the Authority and up to two Alternate Directors who may vote on matters when the Regular Director is absent. The person appointed and designated as the Director shall be an elected or appointed member of the governing body of the Party. The alternate directors may be a Councilmember, City staff member, member of an advisory body to the council, or member of the public with demonstrated knowledge in energy-related matters through significant industry, regulatory, academic, or non-profit experience. - New Item Received. 12/13/2024
16.M. Request of Councilmembers Hall and Raskin, and Mayor Pro Tem Torosis that the City Attorney, City Clerk, and City Manager update the Rules of Order and Procedure for the Conduct of City Council Meetings and Councilmembers - New Item Received. 12/13/2024
16.N. Request of Mayor Pro Tem Torosis, Councilmember Zwick and Mayor Negrete that the City Attorney and City Manager prepare the City of Santa Monica for the Presidential Transition - New Item Received. 12/13/2024
16.O. Request of Councilmembers Zwick, Zernitskaya, and Mayor Pro Tem Torosis that, in order to reduce the time and cost associated with developing new housing in the City, the City Council direct the City Manager and City Attorney to return with an ordinance by April 30, 2025 that allows all “housing projects” (as defined by California’s Housing Accountability Act) proposed in all nonresidential zones except the Bergamot Area Plan to be processed through an Administrative Approval process regardless of the size of the parcel upon which the housing project is located. - New Item Received. 12/13/2024
ADJOURNMENT
Agendas and reports are accessible on the City's webpage at www.smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].
Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to [email protected]. Written comments received from the public by 12 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online. Members of the public who submit written public comment on an agenda item may be subject to the Levine Act which requires disclosure of campaign contributions of more than $250 to an officer of the City within the preceding 12 months.
City Hall and the Council Chambers are wheelchair accessible. If you require any special disability related accommodations to either attend or provide public testimony at a Council meeting (i.e. sign language interpreting, access to an amplified sound system, remote City of Santa Monica Generated: 12/20/2024 1:43 PM Page 19 option, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917- 6626 or via email at [email protected] at least 72 hours prior to the scheduled meeting. Best efforts shall be made to accommodate requests received after the 72-hour deadline. In the case of special meetings, requests should be submitted as early as possible, but no later than noon the day of the special Council meeting.
Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.
Santa Monica Blue Bus Lines #1, #2, #3, #5, #9 and the EXPO Line serve City Hall.
Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).
City Council
Report
City Council Meeting: December 17, 2024
Agenda Item: 1.A
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To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Written Comments
Prepared By: Maria Dacanay, Assistant City Clerk
Approved Forwarded to Council
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1 David Yakobson
From: David Morris <[email protected]>
Sent: Tuesday, December 17, 2024 11:37 AM
To: councilmtgitems; Clerk Mailbox
Cc: Lana Negrete; Caroline Torosis; Jesse Zwick; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Barry Snell; David White; Douglas Sloan
Subject: public input item 1 – CityWatchLA opinion piece on Mayor Lana Fernandez Negrete
EXTERNAL
#AT-1
Should Mayor Pro Tem
Lana Negrete Be
Recalled?
#FollowTheMoney
John Alle and David Morris
December 16 2024
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Comments
GUEST COMMENTARY - The relatively unknown music store owner Lana Negrete was appointed to the Council in June 2021 after a nomination by her friend, Council Member Christine Parra, who is a member of the Change Slate. During the vetting process preceding the appointment it is reported that Negrete expressed to at least one member of the Change Slate her support for the city switching from at-large elections to district elections where each district elects one council member only.
This was an important declaration by the candidate since it was in line with the Change Slate's platform. Negrete needed at least one vote from a Slate member to be appointed to the Council. If Negrete was appointed, the Change Slate would need her vote to be able to settle the California Voting Rights Act litigation against the City by the Pico Neighborhood Association that sought a switch to district elections.
However, once Negrete became a council member, with the help of the Slate, she clearly never voted to settle the lawsuit, or the case would have been settled by now, with the districts drawn and a new election system introduced. So far, the 8-year long lawsuit has Item 1
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2 cost the taxpayers a reported $14M. At a recent hearing the judge predicted the litigation in the lower court to continue for another four years, likely raking up millions more in legal bills to be footed by Santa Monicans. Then there is the possibility of an appeal after that.
The draining of taxpayers pockets does not seem to worry Negrete, nor does it seem to be important to her to support the plea of her own ethnic group for democratic elections in a city where political power has been consolidated in the hands of a small group of wealthy residents from white neighborhoods. Negrete recently stated to the press that she finds playing the race card to be silly. She also publicly insulted her constituents who were attempting to invite her to a neighborhood group meeting as harassers "coming out of the woodwork."
What Negrete does seem to be concerned with above all is her own pockets. Negrete's music store is staying in business largely thanks to the contracts it has with the School Board. The Board, in turn, is controlled by the developers, and more interested in accumulating a large real estate portfolio than delivering quality education. The developer lobby has its fingers deep in the political establishment of the City, which apart from the brief four-year-period ending now has had full control over the City Council for some four decades, making it virtually impossible for an independent non-monied candidate to win a seat.
When Negrete was appointed to the Council, some saw it as a dangerous compromise by the Slate, who voted for her apparently out of fear of the alternative which was a special election potentially to be won by an establishment candidate again. Negrete's voting record shows an inclination to support the establishment more often than not. Most clearly, Negrete has supported the interests of the School Board (and the developer lobby behind it), despite many publicly voiced concerns about the conflict of interest due to her store's contracts with the Board.
On one occasion Negrete stated from the dais that she had been cleared by the Fair Political Practices Commission whom she had contacted regarding the allegations.
However, a public records request revealed that while Negrete did write to the FPPC, the Commission requested more information from Negrete to be able to render an opinion.
Negrete never responded to that request. Instead, she misinformed the public that the FPPC had cleared her. When another Council vote was coming up regarding the School Board, an inquiry was made with the FPPC, and the Commission opined that Negrete did in fact have a conflict of interest which barred her from voting on the item. Currently there is a complaint pending with the FPPC which alleges that Negrete's music store received in excess of $87K in contracts from the School Board over a two-year period of time during which she participated in Council votes pertaining to the School Board.
On December 10, 2024 the out-of-her-depth Mayor Pro Tem Negrete might be elevated to the leadership position of mayor by her six fellow council members, all of whom are supported by the entrenched establishment. Optics-wise it is advantageous for the establishment that Negrete, who is Hispanic, becomes mayor, as it superficially appears to build a case against the Pico Neighborhood's position in the CVRA lawsuit. One might fall for these optics if they don't know that Negrete would never have had a chance to become a council member if she had run as an independent candidate instead of being appointed through the establishment's blackmail tactics. And while Negrete likes to call herself an independent voice on the Council, it is clear to anybody who has been watching that her main concern is which side her bread is buttered on.
Now the Santa Monica establishment politically owns all the seven council members, the California Voting Rights Act lawsuit will continue draining the taxpayers pockets for the foreseeable future. Negrete will likely be rewarded with a mayorship as a thank you for staving off the CVRA settlement and keeping at bay the constituents who have tried contacting her since the most recent court hearing. She will continue using her Council Item 1
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3 seat as a way to preserve her ability to make a living by voting in a manner that satisfies the establishment interested in continuing the status quo. Being used as a tool while disregarding her fiduciary duty to the taxpayers and selling out her own ethnic community will not bother Negrete at all.
Well, unless the taxpayers draw the line and use the one process available to them against unethical, opportunistic, and manipulative public servants: a voter recall.
More information on the CVRA
lawsuit: https://www.democratsabroad.org/paulamatos/discrimination_in_santa_monica (John Alle and David Morris wrote this opinion piece and it reflects the personal views of the authors. All claims and interpretations are based on publicly available information and are not intended as statements of fact. Readers are encouraged to verify information independently and consider all perspectives. The authors and publisher make no representations regarding the accuracy of any claims made. This article was first featured in Santa Monica Observed.)
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Source: https://www.citywatchla.com/neighborhood-politics/30023-should-mayor-protem-lana-negrete-be-recalled-followthemoney Item 1
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1 David Yakobson
From: [email protected]
Sent: Monday, December 16, 2024 7:41 PM
To: councilmtgitems
Subject: For Public Comment -- Council Meeting 12/17/2024 Attachments: GSCC Letter.pdf
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1 To: Santa Monica City Council
From: Bruce Wessel, Santa Monica Resident, [email protected] Date: December 13, 2024
Request that Santa Monica Implement Measure GS
This letter requests action by the City Council to implement Measure GS. Adopted by Santa Monica voters in November 2022, this measure imposes a 5% tax on property transfers over $8 million with the goal of raising tens of millions of dollars each year for homelessness prevention, aƯordable housing, and schools.
Over the past 20 months, Santa Monica has collected about $46.3 million from this tax.
Inexplicably, nothing has been spent on homelessness prevention or aƯordable housing, nor has the City Council set up the required Measure GS Resident Oversight Committee.
In May 2024, Santa Monica did transfer $10 million to the Santa Monica Malibu Unified School District (SMMUSD) as the measure requires, and the City has likely set aside another $10 million for the payment due SMMUSD in May 2025. That leaves at least $26.3 million unspent in Measure GS’s “Homelessness Prevention and AƯordable Housing Fund” (Fund).
I write to urge that the City Council: (1) establish the eleven-member Measure GS Resident Oversight Committee; and (2) begin spending from the Fund to address the immediate housing needs of low-income Santa Monica residents.
The City of Los Angeles oƯers a roadmap. In the same November 2022 election, Los Angeles voters adopted Measure ULA, imposing a similar transfer tax. Los Angeles has already paid out $30.4 million in ULA funds to over 4,300 households with an average payment of $7,066. These payments have helped tenants avoid eviction and landlords collect back rent. Los Angeles established the ULA Citizen Oversight Committee (ULA-COC) in early 2023. The ULA-COC meets monthly and reports to the public at www.ulacoc.org.
The City of Santa Monica itself also oƯers a roadmap. Measure CS, an increase in the Transient Occupancy Tax (TOT), was approved by Santa Monica voters in the same November 2022 election that Measure GS and Measure ULA passed. Measure CS has raised close to $5 million, and those funds have been spent to expand homeless outreach teams, among other uses. In 2023, the City Council appointed a five-member Transient Occupancy Tax Advisory Committee, which held meetings in January 2024 and June 2024, issuing status reports on Measure CS revenues and expenditures in connection with each meeting.
The impartial analysis of the Measure GS transfer tax that was provided to Santa Monica voters in 2022 explained two important provisions of the law: (1) “The measure establishes an eleven-member committee that will recommend to the City Council guidelines for eligible expenditures, local priorities and preferences, award procedures, budgeting, program evaluation, and public reporting procedures;” and (2) “The measure allows [funds] to be used to provide ongoing or emergency income assistance, acquire and rehabilitate existing rental properties as deed-restricted aƯordable housing, create new deed-restricted aƯordable housing, and fund programs and services designed to preserve and improve aƯordable housing for lower income Item 1
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2 households.” The City Council should now implement these two provisions as well as the rest of the measure.
I obtained financial information about the Measure GS collections of $46.3 million, and the lack of expenditures other than the payment to the SMMUSD, through a Public Records Act (PRA) request to the City. As for the unspent funds, the City’s response to the PRA request stated: “no funds . . . will be analyzed or budgeted until . . . after February 2025.” The other information discussed in this letter is from publicly available documents, including HR&A Advisor’s comprehensive 33-page Impact Report on Measure GS, dated July 21, 2022, provided to the City Council as part of the agenda packet for the Council’s July 26, 2022 meeting (PDF pages 183-215)(HR&A Report or Report).
Delivered to the City Council two-and-a-half years ago, the HR&A Report foresaw what it called “implementation risk.” The Report warned that: “Current City staƯ are unlikely to capably manage the scale of new and expanding homelessness prevention and aƯordable housing programming tied to the potentially large increase in revenues from the Ballot Measure.” Report at p. 31. The Report explained that Measure GS would unleash a “dramatic increase in . . . funding dedicated to homelessness prevention and aƯordable housing.” Report at p. 23. Beyond that, the Report twice told the City that “caution is warranted about the City’s ability to deliver eƯective programs and new aƯordable units.” Report at pp. 4-5 and 33. Finally, the Report explained: “Should the City be unable to impanel the necessary 11 residents for the [Oversight] Committee, there are concerns that this may delay progress . . . .” Report at p. 32.
The City Manager’s message in presenting the FY 2023-2025 budget explained that decisions about how to spend Measure GS receipts “requires a longer horizon” and that “planning and organizational adjustments can begin as early as FY 2023-2024 for what will likely be a multiyear Measure GS implementation strategy.” The new City Council can decide that there has been enough delay and can appoint the Resident Oversight Committee now and begin spending some of the $26.3 million in the Fund, at least to help low-income households facing economic emergencies and possible evictions. $46,327,100 in Measure GS Collections
Measure GS’s 5% transfer tax became eƯective on March 1, 2023. Information provided by the City in response to my PRA request indicates that the City has collected $46,327,100 from this tax through the end of October 2024.
In the first 12 months of the Measure GS tax (March 2023 through February 2024) the City collected $27,997,450. During the first 8 months of the second year of the tax (March 2024 through October 2024) the City collected $18,329,650.
For the first 12-month period, the Measure GS transfer tax applied to17 property transfers over the $8 million threshold. The smallest transaction was $9.7 million and the largest was $165.5 million. The Measure GS tax on the $165.5 million transaction was $8.275 million, about 30% of the total for the year.
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3 For the first 8 months of the second 12-month period, the Measure GS tax applied to 17 property transfers over the $8 million threshold. The smallest transaction was $8.8 million and the largest was $130.4 million. The Measure GS tax on the $130.4 million transaction was $6.521 million, about 36% of the year-to-date total.
Projecting forward, if the first 8 months are indicative, revenues from the tax in the second 12-month period will be around $27 million, comparable to the $28 raised in the first 12-month period. Receipts over the first 20 months of the tax demonstrate that the total raised each year might swing up or down significantly depending on the number of large nine-figure transactions.
The City should consider full transparency, listing Measure GS receipts each month and the type of property transferred that was subject to the tax—oƯice building, single-family home, apartment building, or vacant land.
The HR&A Report analyzed the potential for receipts from the Measure GS tax based on property transfers during the ten calendar years from 2012 to 2021 and calculated that the City would have realized $490 million had the tax been in eƯect during that period. “Based on a review of historic data, qualifying property sales would have [generated tax revenue ranging from] a low of $16 million [in 2014] to a high of $123 million [in 2016].” Report at p. 20. Based on the HR&A Report, the impartial analysis of Measure GS told voters: “According to a financial report requested by the City Council, based on historic sales trends the measure is estimated to generate new annual tax revenues of about $49 million.” The HR&A Report recognized that that the additional 5% transfer tax imposed by Measure GS could cause what the Report termed “tax avoidance behavior” leading to lower receipts. Report at p. 30.
Measure GS requires that “on an annual basis” the first $10 million in receipts be set aside for schools. Santa Monica Municipal Code section 4.90.010(c)(i). Thus, at the start of each year, the City does not know when during the year there will be receipts in excess of $10 million. When the $10 million threshold is reached, all additional receipts for that year are allocated to the Fund for homeless prevention and aƯordable housing.
Measure GS’s “Findings and Purpose”
The “findings and purpose” section of Measure GS identified the pressing problems the measure was designed to address and told voters how the receipts might be spent. Those findings include: “nearly one out of every five Santa Monica renter households . . . are both low income and suƯer severe cost burden,” paying “more than half their limited incomes as rent and utilities” and these cost-burdened households “are potentially just one financial shock away from homelessness.”
Additional findings were that “pilot programs have demonstrated that a local rent subsidy to low-income seniors in rent-controlled apartments is a . . . cost-eƯective way to eliminate rent burden, prevent homelessness, and allow our low-income senior neighbors to age in place with dignity” and “new revenues are needed to allow Santa Monica to expand its local rent subsidy.” If this is accurate, there are existing rent subsidy programs that could easily absorb transfers from the Fund and there are many deserving households.
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4 Emergency Assistance – The HR&A Report and LA’s Use of ULA Funds The HR&A Report section on “Illustrative Expenditures” identified spending on existing Santa Monica programs for emergency assistance as potentially appropriate for 30% of the Fund.
Report at pp. 22-24.
Los Angeles has used Measure ULA funds for emergency assistance, spending $30.4 million of ULA collections for a Short-Term Emergency Assistance Program that pays up to six months’ rent for tenants with economic hardships. Los Angeles sometimes makes payments directly to landlords as part of an eviction diversion program intended to preserve and maintain tenancy. Draft guidelines for the program considered by the ULA-COC explain: “A landlord’s claim of unpaid rent is the most common reason tenants are displaced or evicted. . . The Short-Term Emergency Assistance Program is intended to prevent the potentially disruptive consequences of Economic Hardship by providing emergency rental assistance to qualifying lower-income households.” Santa Monica should follow the lead of Los Angeles and start spending Measure GS money to help cost-burdened households avoid eviction when they face economic hardships. This program would benefit tenants and landlords; the landlord receives back rent, and tenants are given breathing room to address the economic hardships they face. This type of spending is sanctioned by Measure GS (Santa Monica Municipal Code section 4.90.030(b)): “No less than thirty percent [of housing funds raised by Measure GS] . . . shall be used to provide ongoing or emergency income assistance to Low Income Santa Monica households that are both rent burdened” and meet the low-income qualifications in the law.
Measure GS Contains a Provision for Excess Funds
Measure GS allocates receipts to three diƯerent categories, but then creates a fourth category for excess funds. Santa Monica Municipal Code section 4.90.030 subsection (a) allocates up to 6% of receipts for administration, subsection (b) provides that no less than 30% and no more than 50% of receipts are to be used for income assistance, and subsection (c) provides that at least 50% of receipts are to be used for the creation of aƯordable housing. But then subsection (d) provides that any funds not used for the purposes set out in subsections (a), (b), or (c) in a year, “may be used to fund programs and services designed to preserve [1] the tenancies of or [2] units serving” low-income households. Examples given include “code compliance enforcement” and “loans or grants for landlord earthquake retrofit or other unit improvements.” The Measure CS Transient Occupancy Tax
At the same time Santa Monica voters approved Measure GS, they also approved Measure CS, an additional Transient Occupancy Tax (“TOT”) on hotels. The City Council has established the Transient Occupancy Tax Advisory Committee and has started spending Measure CS funds.
The five-member TOT Advisory Committee has met at least twice, on January 18, 2024 and June 12, 2024, issuing detailed public status reports at each meeting. The City has budgeted spending for about $5 million in TOT funds for: (1) security at the pier; (2) enforcement of the homesharing ordinance; (3) adding a multi-disciplinary outreach team for homeless; (4) redesign of interim housing for homeless to allow 24/7 intake; (5) increased security at parking garages; (6) park maintenance; (7) tree maintenance; (8) establishment of a public space maintenance team; (9) Item 1
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5 preparation of a Homelessness Strategic Plan; and (10) increased police staƯing for homeless liaison program.
The Homelessness Strategic Plan for the City, paid for with TOT funds, was scheduled to be presented to the City Council in May 2024 but according to the TOT Advisory Committee June 12, 2024 status report: “It was decided that the Homelessness Strategic Plan Project Team needed more time to further refine the Goal Statements, Objectives, and Performance Measures and include more stakeholders in the process so the plan will go to the City Council in early 2025.” Funding for this plan was awarded in January 2024 with the expectation that it would be completed four months later by May 2024. The delivery date was then delayed close to a year to early 2025.
This long-delayed plan, when delivered, could provide a helpful framework on how to spend Measure GS funds.
LA’s ULA Emergency Rental Assistance Program – ULA ERAP Los Angeles is ahead of Santa Monica in spending transfer tax receipts. Los Angeles’s ULA tax has been applied to 670 transactions and raised $439.4 million. The ULA Emergency Rental Assistance Program (ULA ERAP) has paid out $30.4 million (about 7% of ULA collections) in Emergency Rental Assistance to or on behalf of 4,302 households, an average of $7,066 per household. Tenants submitted 84% of the applications, while landlords submitted the other 16%.
Only landlords with 12 units or fewer are allowed to participate in the program.
Los Angeles explains the ULA ERAP program to prospective participants as follows:
The City of Los Angeles United to House Los Angeles (ULA) Emergency Renters Assistance Program will provide up to six months of rental arrears to low-income residential renters who are at risk of homelessness due to unpaid rent as a result of . . . financial hardship. To be eligible, a household must be obligated to pay rent on a residential dwelling and meet the following requirements:
1. Be a resident of the City of Los Angeles, regardless of immigration status.
2. One or more individuals within the household have experienced a loss of employment, reduction in household income, incurred significant costs, or experienced other financial hardship between March 2020 to the present.
3. Have unpaid rent due to their current landlord for any month(s) between April 2020 to present.
4. The current household income is at or below 80% of the area median income (AMI).
Los Angeles’s ULA ERAP provides a template for how Santa Monica might operate a comparable program.
Item 1
December 17, 2024
Item 1
December 17, 2024
1.A.a
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Attachment: Written Comment (6784 : Written Comments)
1 David Yakobson
From: John Alle <[email protected]>
Sent: Monday, December 16, 2024 9:14 AM
To: The Santa Monica Coalition Organizer
Cc: John Alle
Subject: Safety Wanted In Our Parks
EXTERNAL
Would more presence by Santa Monica's Police make you more inclined to walk through and use Tongva Park? This park is located between City Hall and the Police Station on the east, and the Santa Monica Pier and Palisades Park on the west. At the exact time (2 PM) this video was taken, Police were occupied making another criminal arrest a hundred yards away on Ocean Avenue in front of the 5-Star Hotels. Data released from the City show Police are called 8 to 13 times a day on a combined basis to Tongva, Palisades and Reed Parks. Santa Monica Police say their Downtown Operations unit now consists of only about 14 sworn officers, down from 36, which it was 4 years ago. "Ambassadors" the City pays $8 million for are there to watch and maintain the restrooms only, and are unarmed, even with gel mace. Would you approve of a 6-month trial period of Police walking or driving through Santa Monica's 3 Downtown parks throughout the day and night? Insta
https://www.instagram.com/reel/DDpYfaei_3o/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/Ell-AuqEH28
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December 17, 2024
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Attachment: Written Comment (6784 : Written Comments)
2 David Yakobson
From: John Alle <[email protected]>
Sent: Sunday, December 15, 2024 8:30 AM
To: The Santa Monica Coalition Organizer
Cc: John Alle
Subject: Safety or Danger
EXTERNAL
We are thankful for the quick response from the brave and professional Santa Monica Police in apprehending one of many transient addicts who assault and harm others, steal, and create an extremely unsafe environment on the 3rd Street Promenade and Downtown Santa Monica. How many tourists and shoppers who passed by will feel like returning to Santa Monica for their next shopping experience? Insta
https://www.instagram.com/reel/DDmu3tKCk7l/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/c7QLyLL3PIA
Item 1
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Item 1
December 17, 2024
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Attachment: Written Comment (6784 : Written Comments)
3 David Yakobson
From: John Alle <[email protected]>
Sent: Saturday, December 14, 2024 7:47 AM
To: The Santa Monica Coalition Organizer
Cc: John Alle
Subject: Tourists Do NOT FEEL SAFE in Santa Monica
EXTERNAL
These tourists and many more do NOT FEEL SAFE in Santa Monica on a warm Thursday afternoon at 1 pm. Many other visitors, their children and residents were ambushed and victims of crime this year in Santa Monica. In the 3rd largest state geographically in the United States, Santa Monica ranks in the top 2 1/2 percentile of unsafe cities in California. Heavily taxed residents, businesses and hotel owners sent a message on November 5th to City Manager David White (who announced his resignation), Mayor Phil Brock (who was fired by voters), City Council, and incoming (Council-appointed Mayor) Lana Negrete: They were complicit in underfunding Police, undermining public safety, and stood by while businesses closed, jobs were lost, and hotel vacancies rose.
Insta
https://www.instagram.com/reel/DDkCqZVCv_b/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/tbFtERi4sc8
Item 1
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December 17, 2024
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Attachment: Written Comment (6784 : Written Comments)
4 David Yakobson
From: John Alle <[email protected]>
Sent: Friday, December 13, 2024 6:26 PM
To: The Santa Monica Coalition Organizer
Cc: John Alle
Subject: Friday December 13, 2024
EXTERNAL
We're closing in on the end of the year. After $50 million spent on homeless services and grants, over 45 Santa Monica City Council meetings, Parks and Recreation meetings, Housing Commission meetings and Audit Subcommittee meetings, this is what we're left with. Santa Monica remains in the top two and a half percentile for crime of all cities in the state of California. Should we be surprised or upset? Oh, and a new Mayor who has been on the City Council for 3 years. But as she has said, " I wish the homeless would all die." Insta
https://www.instagram.com/reel/DDignkDCon-/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/MwghW-bBco8
Item 1
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Item 1
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Attachment: Written Comment (6784 : Written Comments)
5 David Yakobson
From: John Alle <[email protected]>
Sent: Thursday, December 12, 2024 2:46 PM
To: The Santa Monica Coalition Organizer
Cc: John Alle
Subject: Wednesday Afternoon 12/12/2025
EXTERNAL
Would you let your loved one walk home alone in the alleyway behind where you live? How about accessing your carport alone or emptying the trash after dusk?
Insta
https://www.instagram.com/reel/DDfflW4irvd/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/7HpqOIXHdlA
Item 1
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Item 1
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Attachment: Written Comment (6784 : Written Comments)
City Council
Report
City Council Meeting: December 17, 2024
Agenda Item: 3.A
1 of 1
To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: City Manager Report
Prepared By: Sergio Ramirez, Chief of Staff
Approved Forwarded to Council
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1 April 23, 2024
(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 23, 2024
A special meeting of the Santa Monica City Council was called to order by Mayor Brock at 5:43 p.m., on Tuesday, April 23, 2024, at City Council Chambers, 1685 Main Street, Santa Monica, CA and Hyatt House Tempe Hotel, 601 E. 6th Street, Tempe, Arizona 85281
Roll Call: Present: Mayor Phil Brock
Mayor Pro Tem Lana Negrete
Councilmember Oscar de la Torre (via telephone)
Councilmember Christine Parra
Councilmember Caroline Torosis
Councilmember Jesse Zwick
Absent: Councilmember Gleam Davis
Also Present: City Manager David White
City Attorney Douglas Sloan
Interim City Clerk Nikima S. Newsome
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:43 p.m., with all members present except Councilmember Davis. Councilmember Zwick led the assemblage in the Pledge of Allegiance.
LEVINE ACT
DISCLOSURE
Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official.
Participants and agents are requested to make this disclosure as well.
The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.
AGENDA MANAGEMENT Motion by Mayor Pro Tem Negrete, seconded by Councilmember Torosis, to hear the Metropolitan Water District Climate Adaptation Master Plan presentation (3.D.) first, followed by Bob’s Market Commendation (3.C.) and public comment from Santa Monica High School students regarding Councilmember Discussion item (16.C.)
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The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmember Davis
GENERAL PUBLIC
INPUT:
Members of the public Victoria Best, Dorothy Chapman; Denise Barton; Gil Leib; D. Morris; Roberta; Estee Chandler; Cynthia Anderson Barker; Suzanne Thompsom; Jerry Rubin; Susan Adelman; Linda Clark; Ghassan Khoury; Emily D.; Simon Fin; Thea Krizmanich; Elly Levy; Wayne Johnson; Noah Albrecht; Marya Shahriary; Rima Abu Issa; Max Deger; Jacob Roberts; Sammy E.; John Medlin; Lila Yomtoob; David Hoffman; People of California; Adya Mohanty; Seth Reid; Jason Mastbaum; Johnathan Foster; Helen Sklar; Ferhay; Mike Jones; Sarah Lazaar; Isabel Pinter Parrott; Amelia Hall; Jodie Evans; Judy Branfman and Anwer Fathima Ali commented on various local issues.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA ITEMS
AND CONSENT
CALENDAR ONLY:
Member of the public Denise Barton commented on Special Agenda items.
PROCLAMATIONS/
COMMENDATIONS/
SPECIAL AGENDA ITEMS
3.A. 2024 City Clerk Week Proclamation, was presented.
3.B. Proclamation: Bike Month, was presented.
3.C. Commendation: Bob's Market, was presented.
3.D. City Manager Report - 1) 30th Anniversary of Sustainable City Plan and 2) Climate Adaptation Master Plan for Water and General Update from the Metropolitan Water District of Southern California, was presented.
CLOSED SESSIONS
(Councilmember de la Torre
left the meeting at 8:13 p.m.)
On order of the Mayor, the City Council recessed at 8:13 p.m., to consider closed sessions and returned at 8:50 p.m., with all members present, except Councilmembers de la Torre and Davis, to report the following:
4.A. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): Byron Merlos, et al. v. City of Santa Monica, et al.; LASC Case No. 21STCV07334
The City Attorney advised this matter was heard with no reportable action taken.
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REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.
At the request of Mayor Pro Tem Negrete, Item 5.C. was removed from the Consent Calendar.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Torosis, to approve the Consent Calendar except for Item 5.C., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Torosis, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmembers Davis, de la Torre
ANNUAL
COMPREHENSIVE
FINANCIAL REPORT
5.A. Present Annual Comprehensive Financial Report (ACFR) for Year Ended June 30, 2023, was heard.
Recommended Action
Staff recommends that the City Council:
1. Receive and file the City’s Annual Comprehensive Financial Report (ACFR), the Auditors’ Letter to Council, and the Independent Auditors’ Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards for the City’s financial statements for the fiscal year ended June 30, 2023; and
2. Adopt a finding of no significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines.
CONSULTING SERVICES 5.B. Award Contract No. 11564 (CCS) for Aging and Disability Strategic Planning Consulting Services to Elizabeth Anderson Consulting, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (ZXCommon Sense Exemption) of the
California Environmental Quality Act (CEQA) Guidelines;
2. Award RFP #400 to Elizabeth Anderson Consulting for consulting services in connection with establishing a citywide aging and
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disability strategic plan for the Housing and Human Services Department; and
3. Authorize the City Manager to negotiate and execute Agreement No. 11564 (CCS) with Elizabeth Anderson Consulting in an amount not to exceed $155,000 for two years with future year funding contingent on Council budget approval.
ANNUAL ACTION PLAN 5.D. Approval of the Proposed FY 2024-25 Annual Action Plan Allocating Federal Community Development Block Grant (CDBG) and HOME Investment Partnerships Act Program (HOME) Entitlement Grant Funds, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Approve the Proposed 2024-25 Annual Community Development Block Grant (CDBG) and HOME Action Plan (Attachment A).
3. Authorize the City Manager to submit all documents required to receive the City’s annual CDBG and Home Investment Partnerships Act (HOME) entitlement grant funds to the U.S. Department of Housing and Urban Development (HUD).
RIDESHARE PROGRAM 5.E. Approval of First Modification of Agreement No. 11250 (CCS) with Steer for Rideshare Program Administration and Outreach, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Authorize the City Manager to negotiate and execute a first modification to Agreement No. 11250 (CCS) in the amount of $96,200 with Steer, Inc. for rideshare program administration and outreach for the Department of Transportation, resulting in a threeyear amended agreement (with two one-year optional extensions) with a new total amount not to exceed $1,497,698.48, with future year funding contingent on Council budget approval; and
3. Authorize budget amendment as outlined in the Financial Impacts and Budget Actions section of this report (requires 5 votes).
CITYWIDE POND
MAINTENANCE
5.F. Award Bid 4475 to California Waters Development, Inc. to Provide Water Feature and Pond Maintenance Citywide, was approved.
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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 #4475 to California Waters Development, Inc. for the repair and maintenance of water features for the Public Works Department; and
3. Authorize the City Manager to negotiate and execute Agreement No. 11566 (CCS) with California Waters Development, Inc. for $1,285,596, plus a contingency of $186,429, for a two-year term, with three one-year renewal options, for a total amount not to exceed $1,472,025 over the five year period, with future year funding contingent on Council budget approval.
ENERGY EFFICIENCY
AND CONSERVATION
BLOCK GRANT
5.G. Approval to Accept U.S. Department of Energy's Energy Efficiency and Conservation Block Grant, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Accept a grant awarded in the amount of $157,730 from the U.S.
Department of Energy’s Energy Efficiency and Conservation Block Grant (EECBG) Program to fund an income-qualified electric bicycle (e-bike) voucher program in the Public Works Department, and to accept all grant renewals;
3. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals; and
4. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
ALPR CAMERA & SMART
CENTER
5.H. Award Bid and Enter into Agreement No. 11567 (CCS) with Flock Safety for Automatic License Plate Recognition (ALPR) cameras and Award Bid and Enter into Agreement No. 11568 (CCS) with Constant Technologies for SMART Center Room Build-Out Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Award RFP #394 to Flock Safety for the installation, leasing, maintenance, and support for 54 ALPR cameras for the Police
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Department;
3. Award RFP #393 to Constant Technologies for the design, installation, and integration of video displays and workspace consoles for the Santa Monica Analytical Real Time Center (SMART Center) for the Police Department;
4. Authorize the City Manager to negotiate and execute an agreement with Flock Safety, for the leasing of 54 ALPR cameras in an amount not to exceed $494,100. This sum includes installation, maintenance, and support through December 31, 2026, with future year funding contingent on Council Budget approval; and
5. Authorize the City Manager to negotiate and execute an agreement with Constant Technologies, in an amount not to exceed $649,401 (including a $59,000 contingency) for a term of three years, with future year funding contingent on Council Budget approval.
RESOLUTION
AMENDMENT
5.I. Adoption of Resolution No. 11581 (CCS) that Amends Resolution No. 10325 (CCS) in order to Clarify the Authorization to Levy and Place the Main Street Business Area Festoon Lighting and Sidewalk Cleaning Assessments on the L.A. County Property Tax Rolls Each Year, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Adopt a Resolution to amend Section 6 and Section 8 of Resolution No. 10325 (CCS) in order to clarify that Council authorized the levy and placement of the Main Street Business Area Festoon Lighting and Sidewalk Cleaning assessments on the Los Angeles County property tax rolls to be done annually and not just for FY 2008-2009.
CLIMATE GRANTS 5.J. Adoption of Resolution No. 11582 (CCS) Authorizing Climate Grant Applications by City Manager or Designee, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Adopt the attached Resolution authorizing the City Manager, or designee, to submit applications for grants and other incentive programs that support projects, programs, or objectives identified in the Council-adopted Climate Action and Adaptation Plan.
HUMAN SERVICES 5.C. Award a Contract to Moss Adams, LLP for Human Services
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GRANT PROGRAM Grants Program Monitoring Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Award RFP # 402 to Moss Adams, LLP, for ongoing compliance monitoring services for the Housing and Human Services
Department; and
3. Authorize the City Manager to negotiate and execute an agreement with Moss Adams, LLP, for two years, with two additional one-year renewal options, for a total amount not to exceed $400,000 over a four year period, with future funding contingent on Council budget approval.
Questions asked and answered of staff included: will audits be performed on-site or virtually and would it be beneficial to have audits performed onsite; how were previous audits performed; is there any cost savings involved in performing virtual audits; what is the process for monitoring a provider and are specific client files requested in advanced.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Zwick, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmembers Davis, de la Torre
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Member of the public Scott Morris commented on item 10.A.
Member of the public Ellis Raskin commented on item 10.B.
Member of the public Denise Barton commented on item 16.B.
Members of the public Jocelyn Salazar; Arnoldo Paniagua; Milly Garcia; Jade Morales; and Melanie Salazar commented on item 16.C.
CONTINUED ITEMS:
CANNABIS SOCIAL
EQUITY STUDY SESSION
(Councilmember de la Torre
returned to the meeting at 9:34
8.A. Cannabis Social Equity Study Session, was presented.
Recommended Action
Staff recommends that the City Council:
1. Review and discuss the presentation on cannabis social equity programs from other cities;
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p.m.)
(Councilmember de la Torre
left the meeting at 10:25 p.m.)
2. Provide direction on two potential policy options for approach to a cannabis social equity program within the City of Santa Monica which will determine the expansiveness of a social equity program and timeline by which staff returns with an ordinance; and
3. Discuss options and provide direction to staff on locational restrictions for the adult-use cannabis ordinance.
Questions asked and answered of staff included: was litigation exposure looked at for the different options; regarding the enhanced program, will the City be providing technical assistance, access to capital or decreased permitting fees; consideration for private fundraising; what is considered an oversaturation of facilities; is oversaturation being considered concerning competition for smaller shops; has staff considered which areas will yield the most income; won’t the buffers automatically create a cap on facilities; how can success be guaranteed; what’s the rationale regarding the buffers; can the ordinance direct funding into a non-profit fund or for local hire; can an ordinance be adopted prior to adopting an equity program; is there any value in having an equity program as opposed to not having one and at which point would the tax rate be determined.
Considerable discussion ensued on topics included: but not limited to risks relating to an RFP process; providing more access in the procurement process; funding substance abuse prevention programs particularly as it pertains to the youth population; concerns regarding the implementation and contracting out services to implement the program if there isn’t any capacity to do so in-house.
Council directed staff to implement the following recommendations:
1. Approve 600ft buffer between sensitive site uses as established by state guidelines;
2. Approve 300ft buffer (no more than one location per city block) between facilities; and
3. Approve standard equity program with funds to be diverted to support substance abuse prevention programs.
ORDINANCES:
LOW-CARBON
CONCRETE POLICY
10.A. Introduction and First Reading of Low-Carbon Concrete Policy Ordinance and Adoption of Local Amendments Findings Resolution No. 11583 (CCS), was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15308 of the California Environmental Quality Act (CEQA) Guidelines;
2. Introduce for first reading the attached ordinance that adopts the 2022 California Green Building Standards Code including the
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2022 intervening code updates, and supports decreasing emissions from concrete;
3. Adopt attached Resolution No. 11583 (CCS) that provides findings of local climatic, geological, topographical, and environmental conditions as required to adopt Santa Monica local amendments to the 2022 California Green Building Standards Code;
4. Direct the City Manager to file adopted Resolution No. 11583 (CCS) and ordinance amending the Green Building Standards Code with the California Building Standards Commission
following the second reading of the ordinance.
Questions asked and answered of staff included: are other jurisdictions also doing this; are these materials readily available for contractors; why aren’t more contractors using this version if it’s better and cheaper and is there anyway to incentivize the use of mass timber.
Motion by Councilmember Parra, seconded by Councilmember Torosis, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof and approve all staff recommendations.
The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmembers Davis, de la Torre
CONTINUE MEETING
PAST 11:00 P.M.
Motion by Councilmember Torosis, seconded by Councilmember Zwick, to continue the meeting past 11:00 p.m. The motion was approved by voice vote, with all members present, except Councilmembers Davis and de la Torre
STATE DENSITY BONUS
LAWS
10.B. Introduction and First Reading of an Ordinance Amending the Text of the City's Zoning Ordinance to Update Provisions Related to State Density Bonus Law for Consistency with Recent Amendments to State law Adopted by AB 1287 and Making Other Minor Changes, Corrections, and Clarifications, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Introduce for First Reading of an Ordinance amending the text of the Zoning Ordinance to update provisions related to the implementation of State Density Bonus Law for consistency with recent amendments to State Law adopted by AB 1287 and make other minor changes, corrections, and clarifications.
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3. Provide direction regarding the Planning Commission’s recommendation regarding a potential local density bonus program for projects that provide off- site affordable housing.
Questions asked and answered of staff included: can a requirement be enforced to build more family housing; would inclusionary units have access to parking spots; would off-site units be providing the same amenities and what would the impact on the community be if housing was built off-site.
Considerable discussion ensued on topics including, but not limited to the lived experience of those who have lived in affordable housing projects.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Parra, to approve the first recommendation and to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof and direct staff not to pursue the third recommended action. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmembers de la Torre, Davis
COUNCILMEMBER
DISCUSSION ITEMS:
HOUSING AUTHORITY
BOARD
16.A. Recommendation to rescind the appointment of Courtney Lauretano to the Housing Authority Board for failure to attend meetings since appointment; and, authorization for the City Clerk to publish vacancy, was heard.
Motion by Councilmember Parra, seconded by Mayor Pro Tem Negrete, to rescind the appointment to Courtney Lauretano to the Housing Board based on her inability to be qualified to be on the board; and return with a 16 item at the May 14th meeting to appoint a replacement. Considerable discussion ensued on separating the motion.
Motion by Councilmember Parra, seconded by Mayor Pro Tem Negrete, to rescind the appointment
The motion was approved by the following vote:
AYES: Councilmembers Torosis, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmembers Davis, de la Torre
Motion by Councilmember Parra, seconded by Councilmember Zwick, to
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authorize the City Clerk to publish the vacancy for 30 days and return to make an appointment for the May 28 Meeting.
The motion was approved by the following vote:
AYES: Councilmembers Torosis, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmembers Davis, de la Torre
COUNCIL RULES
AMENDMENT
16.B. Request by Mayor Brock to direct the City Manager, City Attorney, and City Clerk to return with an amendment to the Council Rules to provide that Council 16 items may be handled like consent items, with the Council voting on them as one item, except for Council appointments to boards, commissions, and other bodies, and except for certain items that may be pulled for discussion at the Council meeting, was heard.
Motion by Councilmember Torosis, seconded by Mayor Brock, to approve Councilmember Discussion Items 16.B. through 16.D. in one concurrent vote. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmembers Davis, de la Torre
DISCRETIONARY FUNDS 16.C. Request of Councilmember de la Torre that the City Council allocate $5000 from its discretionary funds to the Association of Mexican American Educators in support of the Samohi Latino Graduation, organized by student group Legado Latino. These funds will assist in covering event expenses such as stoles, medals, diplomas, food and drinks, and entertainment. This event offers students a chance to celebrate their accomplishments and showcase their vibrant cultural heritage to the local community, was heard.
Motion by Councilmember Torosis, seconded by Mayor Brock, to approve Councilmember Discussion Items 16.B. through 16.D. in one concurrent vote. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmembers Davis, de la Torre
TRAVEL FUNDS 16.D. Request of Councilmember de la Torre that the City Council
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authorize use of existing travel funds to cover the costs (registration and travel expenses) of participating in the NALEO 41st Annual Conference, taking place June 18-20, 2024 in Las Vegas, NV. This annual conference provides an opportunity for Latino leaders from all across the country to network, exchange perspectives, and foster solutions around the most pressing policy issues affecting our communities today, was heard.
Motion by Councilmember Torosis, seconded by Mayor Brock, to approve Councilmember Discussion Items 16.B. through 16.D. in one concurrent vote. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmembers Davis, de la Torre
DISCRETIONARY FUNDS
(Mayor Brock recused himself
at 11:53 p.m.)
16.E. Request of Vice Mayor Negrete and Councilmember Parra that the City Council: 1) allocate up to $4681.72 from the Council Discretionary funds to cover costs associated with the rental of sound systems, a small stage, chairs, and related expenses for the Memorial Day event the Elks Lodge and American Legion Post are hosting at Woodlawn Cemetery in Santa Monica on May 27, 2024 to honor and pay tribute to those who have bravely fought to protect our nation, and 2) direct the City Manager to promote the event on the City’s social media platforms, was heard.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Parra, to approve the item. The motion was approved by the following vote:
AYES: Councilmembers Torosis, Parra, Zwick,
Mayor Pro Tem Negrete
NOES: None
ABSENT: Councilmembers Davis, de la Torre,
Mayor Brock
ADJOURNMENT On order of the Mayor Pro Tem, the City Council meeting adjourned at 11:54 p.m.
ATTEST: APPROVED:
Nikima S. Newsome Phil Brock
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Interim City Clerk Mayor
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(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 11, 2024
A regular meeting of the Santa Monica City Council was called to order by Mayor Brock at 5:33 p.m., on Monday, November 11, 2024, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Phil Brock
Mayor Pro Tem Lana Negrete
Councilmember Gleam Davis
Councilmember Oscar de la Torre
Councilmember Christine Parra
Councilmember Caroline Torosis
Councilmember Jesse Zwick
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Nikima S. Newsome
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:33 p.m., with all members present except. Councilmember Torosis led the assemblage in the Pledge of Allegiance.
LEVINE ACT
DISCLOSURE
Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official.
Participants and agents are requested to make this disclosure as well.
The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.
No Councilmembers recused themselves pursuant to the Levine Act.
AGENDA
MANAGEMENT
Motion by Councilmember Davis, seconded by Councilmember Torosis and approved by unanimous voice vote to hear the special agenda items before general public input.
GENERAL PUBLIC Members of the public Speaker: John Medlin, Cristina Coria, Canella
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INPUT: Welch, Jerry Rubin, Zoe Muntaner, Denise Barton, Darya Jones, Brian Oneil, Mary Cornejo, And Johnathan Foster commented on various local issues.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
No members of the public commented on Closed Session items.
No members of the public commented on Special Agenda items.
Members of the public Gary Walkow, Denise Barton, and Johnathan Foster commented on consent calendar items.
PROCLAMATIONS/
COMMENDATIONS/
SPECIAL AGENDA
ITEMS
3.A. Certificates of Recognition: Elizabeth Noble, Mark Gorman, and Cris Gutierrez, was presented.
3.B. Commendation: Nat Trives, was presented.
3.C. Proclamation: Native American Heritage Month, was presented.
3.D. Commendation: Chez Jay, was presented.
3.E. City Manager Report, was presented.
CLOSED SESSIONS On order of the Mayor, the City Council recessed at 6:39 p.m., to consider Closed Sessions and returned at 7:20 p.m., with all members present, to report the following:
4.A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Paula Rosado v. City of Santa Monica, et al., LASC Case No. 22STCV19789
The City Attorney advised this matter was heard with no reportable action taken.
REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.
At the request of Councilmember Zwick, Item 5.D. was removed from the Consent Calendar.
Motion by Councilmember Davis, seconded by Councilmember Torosis, to approve the Consent Calendar except for Item 5.D., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:
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AYES: Councilmembers de la Torre, Torosis, Davis, Parra, Zwick Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
DOWNTOWN SANTA
MONICA, INC. MASTER
SERVICES AGREEMENT
5.A. Approval of First Modification to the Master Services Agreement Between the City and Downtown Santa Monica, Inc. (DTSM) to Authorize DTSM’s Continued Use of Private Security Services for the Downtown District, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute a First Modification to the Master Services Agreement (CCS 9063) between the City and Downtown Santa Monica, Inc. (“DTSM”) to authorize DTSM to continue to deploy private security services in the City’s Downtown commercial district at no cost to the City of Santa Monica.
2025 COUNCIL MEETING
SCHEDULE
5.B. Adoption of a Resolution Establishing the 2025 Council Meeting Dates, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution establishing the 2025 Council regular meeting calendar; and
2. Adopt a finding that the resolution is not a project subject to the California Environmental Quality Act (CEQA).
DEPARTMENT OF
TRANSPORTATION
SOFTWARE
5.C. Approval of Fourth Modification of Agreement with Trapeze Software Group for Scheduling Support Services and Run-cutting Activities for the Department of Transportation, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a fourth modification to agreement #3571 (CCS) in the amount not to exceed $149,000 with Trapeze Software Group for scheduling support services for one additional year for the Department of Transportation.
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This will result in a six-year amended agreement with a new total amount not to exceed $520,600 with future year funding contingent on budget approval.
IN-HOUSE MEDICAL
SERVICES
5.E. Approval of First Modification of Agreement No. 11035 (CCS) with Vital Medical to Provide In-house Medical Services to Arrestees, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a first modification to Agreement No. 11035 (CCS) 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.
CITYWIDE
LANDSCAPING
SERVICES
5.F. Award Agreement to Mariposa Landscape, Inc. for Citywide Landscaping Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines;
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 fiveyear period, with future year funding contingent on Council budget approval.
BUS ADVERTISING 5.G. Award Agreement to Vector Media, Inc. to Sell and Display Advertising on Big Blue Bus and Culver City Buses, was approved.
Recommended Action
Staff recommends that the City Council:
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1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. 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.
VIRGINIA AVENUE
PARK AND THELMA
TERRY CENTER
IMPROVEMENTS
5.H. Award Bid Modification for the Virginia Avenue Park Commercial Kitchen and Thelma Terry Center Improvements Project, was approved.
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).
SMPD RECRUITMENT
WEBSITE
5.I. 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, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
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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 threeyear period, with future year funding contingent on Council budget approval.
COALITION OF SANTA
MONICA EMPLOYEES
MOU
5.J. 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, was adopted.
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.
CISCO LICENSES,
EQUIPMENT AND
SUPPORT
5.K. Approval of Agreement with Logicalis, Inc. for Cisco Software Licenses, Equipment, and Related Support and Maintenance, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) 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
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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.
PRINTER
MAINTENANCE AND
SUPPORT
5.L. Award Purchase Order to Ricoh USA, Inc. for Printer Maintenance, Support, and Services for Ricoh devices, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the action is not a project subject to the California Environmental Quality Act (CEQA);
2. Authorize the Procurement Manager to issue a purchase order with Ricoh USA, Inc. for printer maintenance, service, and support for the Information Services Department. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.250(c) and is for a total amount not to exceed $300,000 over a three-year period with future year funding contingent on Council budget approval.
PROMOTING
ECONOMIC RECOVERY
5.M. Second Reading and Adoption of an Interim Zoning Ordinance Amending Interim Zoning Regulations Established by Interim Zoning Ordinance Number 2754 (CCS) and Amended and Extended by Interim Zoning Ordinance Number 2761 (CCS) to Promote Economic Recovery by Increasing Flexibility in the City’s Downtown Area, Establishing a Pilot Program to Allow Exclusively Commercial Outdoor Uses in the Office Campus District, and Providing Other Minor and Clerical Amendments, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
FENCE, WALL AND
HEDGE HEIGHTS
5.N. Adoption of Resolution Establishing Enforcement of Fence, Wall and Hedge Heights as the Lowest Code Enforcement Priority, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect (Common Sense Exemption) pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.
2. Adopt the attached Resolution establishing enforcement of height regulations for fences, walls and hedges as set forth in the Zoning Ordinance and any applicable Specific Plan as the lowest Code
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Enforcement priority, and declaring habitability and keeping people housed as the highest priority.
FENCE, WALL AND
HEDGE HEIGHTS
5.O. Adoption of Resolution of Intention to Amend the Municipal Code to Increase the Maximum Allowed Height of Fences, Walls, and Hedges in the Front Setbacks of R2, R3, and R4 Zoning Districts and to Address the Rules for Measuring the Heights of Fences, Walls, and Hedges, Including Those Located on Top of Retaining Walls, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.
2. Adopt a Resolution directing the Planning Commission to initiate an amendment to the City’s Zoning Ordinance to increase the maximum allowed height of fences, walls, and hedges in the front setbacks of R2, R3, and R4 zoning districts and to address the rules for measuring the heights of fences, walls, and hedges located on top of retaining walls.
MINUTES 5.P. Minutes of City Council - Regular and Special Meeting - Apr 9, 2024, were approved.
SELECTIVE TRAFFIC
ENFORCEMENT
PROGRAM GRANT
5.D. Authorization to Accept Grant from the Office of Traffic Safety for the Selective Traffic Enforcement Program, was presented.
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).
Questions asked and answered of staff included: how has the grant been spent in previous years; is the intention to spend the grant in the same way as previous years with the exception of the PCH component; will education be a component in addition to enforcement; is it known as to what is the percentage of trips made on bicycles in the City; could the funding be used
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to ticket cars parked in bike lanes and was DOT consulted.
Motion by Councilmember Parra, seconded by Councilmember Zwick, to approve the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Davis, Parra, Zwick Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Member of the public Maria Loya (time donated by Berenice Onofre) commented on Item 16.F.
ORDINANCES:
EMERGENCY MEDICAL
TRANSPORT AND
BILLING SERVICES
10.A. Introduction and First Reading of an Ordinance Amending Municipal Code Section 4.65.030 and Approval of 2nd Modification to Agreement No. 10605 (CCS) for Emergency Medical Transport and Billing Services, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the agreement and ordinance is not a “project” subject to the California Environmental Quality Act (CEQA);
2. Authorize the City Manager to negotiate and execute a second modification to Agreement No. 10605 (CCS) with Westmed
Ambulance Service, Inc, dba McCormick Ambulance Service, for emergency ambulance services and medical billing services for the Fire Department;
3. Authorize the City Manager to negotiate and execute a cost recovery agreement with McCormick Ambulance for 12 months, on the same terms and conditions, for a total agreement period of eight years; and
4. Introduce for first reading an ordinance to amend Municipal Code Section 4.65.030 to extend the Living Wage Ordinance exemption for the term of the contract with McCormick Ambulance for emergency ambulance services and medical billing services.
Questions asked and answered of staff included: how many respondents for the RFP; was outreach conducted; is there anything that can be done in this industry relating to profit margins; is McComick billing patients directly and is billing arrangement advantageous to the City.
Motion by Councilmember Parra, seconded by Councilmember Torosis, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the
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following vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
PUBLIC HEARINGS:
COMPASS ROSE CITY
LANDMARK
DESIGNATION
12.A. Appeal of Landmark Commission Decision to Designate the Compass Rose Located North of and Adjacent to Runway 3 at Santa Monica Airport as a City Landmark, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Deny Appeal 19ENT-0353 appeal of the Landmark Commission’s decision to designate the Compass Rose located north of and adjacent to Runway 3 at Santa Monica Airport as a City Landmark; and;
3. Approve Designation Application 19ENT-0353 to designate the Compass Rose as a City Landmark based on the findings provided in this staff report; and
4. Adopt the Statement of Official Action.
Ex-parte Communication
Councilmember Parra stated that she took a phone call with Eve Lopez.
Questions asked and answered of staff included: not in original location and not original painting but can be removed in future; the size of the Compass Rose: is the appellant in favor of the designation; on what basis do they support the designation and has there been any significant public input regarding this designation.
The appellant did not appear for the hearing.
Olivia White spoke on behalf of the applicant.
Members of the public Jerry Rubin, Roger Genser (on behalf of the Landmarks Commission), Dolores Sloan (on behalf of the Landmarks Commission), Jen Butler, Jonna Lende (time donated by Mark Smith), Dawn Bender (time donated by Tim Cashin), Connie Schurr, Eve Lopez, and Kuangwei Hwang spoke to the recommended action.
Motion by Councilmember Torosis, seconded by Councilmember Parra, to adopt the staff recommendation. The motion was approved by the following
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vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
COUNCILMEMBER
DISCUSSION ITEMS:
In accordance with Council Rule 6(x), all Councilmember Discussion items were considered and approved in one motion unless removed by a Councilmember for discussion.
Item 16.A. was removed and considered separately in accordance with Council Rule 6(x)
At the request of Councilmember de la Torre, Item 16.F. was removed for discussion.
Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete, to approve the Councilmember Discussion Items except for Items 16. A. and 16.F. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Davis, Parra, Zwick Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
CANNABIS RETAILER
OPERATING HOURS
16.B. Request of Councilmember Zwick that the City Council have the City Attorney and City Manager begin the process of amending the Zoning Ordinance to allow extended operating hours consistent with State law for existing cannabis retailers, was approved. 30X30 INITIATIVE 16.C. Request of Mayor Brock that the City Council request that the City Manager return with a resolution for the City to commit and pledge to the 30X30 Initiative – Advancing Women in Policing to increase the representation of women in the Santa Monica Police Department. Prior to returning, staff shall explore implementation of the pledge, including, but not limited to (1) Establishment of annual recruitment and promotion targets; (2) Implementation of enhanced mentorship and training programs; (3) A requirement for bi-yearly progress reports to Council including recruitment, retention, and promotion metrics; and (4) Ensuring policies and facilities continue supporting women officers' success. The City Manager shall also develop specific implementation strategies and metrics for Council review by June 2025, was approved.
DISCRETIONARY FUNDS 16.D. Request by Vice Mayor Negrete, Mayor Brock, and Councilmember Davis that the City Council consider allocating $10,000
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from Council Discretionary Funds to support the Santa Monica High School Band Program. This allocation will assist in covering scholarships, transportation, and instrument rental for 62 students participating in the Wind Ensemble's performance tour in the United Kingdom (Edinburgh, Manchester, and London) in spring 2025, was approved.
TRAVEL BUDGET
FUNDS APPROVAL
16.E. Request by Mayor Brock that the City Council preemptively approve Mayor Brock’s use of budgeted travel funds for each to attend the National League of Cities (NLC) City Summit in Tampa Bay, Florida, scheduled for November 13-16, 2024. Resolution Number 11314 (attached) sets forth Council guidelines for travel fund usage.
Section I, “Council Travel and Expense,” Sub-section A, authorizes Councilmembers to attend events hosted by organizations in which the City holds membership, including the NLC. It further specifies that any post-election travel by outgoing Councilmembers must be approved by a simple majority at a duly noticed Council meeting. Given that the City has not received certified election results prior to the November 11th Council meeting, it is unclear whether Mayor Brock’s status qualifies him as “outgoing” for the dates of the NLC City Summit. Preemptive approval of Mayor Brock’s travel ensures adherence to Council travel policy without uncertainty, was approved.
HUMAN SERVICES
COMMISSION
16.A. Recommendation to accept Maxine Koza's resignation from the Human Services Commission and authorize the City Clerk to publish the vacancy, was heard.
Motion by Councilmember Davis, seconded by Councilmember Torosis, to accept the resignation with regret.
The motion was approved by a unanimous voice vote, with all members present.
COUNCIL RULES 16.F. Request of Councilmember de la Torre that the City Attorney and City Manager return to Council with an amendment to the Council rules to address Councilmember decorum on the dais so that Councilmembers agree to treat one another respectfully and professionally, was heard but not considered.
5.B
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ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 8:56 p.m.
ATTEST: APPROVED:
Nikima S. Newsome Phil Brock
City Clerk Mayor
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Report
City Council Meeting: December 17, 2024
Agenda Item: 5.C
1 of 6
To: Mayor and City Council
From: Anuj Gupta, Director of Transportation, Department of Transportation, Transit Maintenance
Subject: Approval of Agreement #11364 Modification with Gillig LLC to Purchase Thirty 40-foot Battery Electric Buses
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines;
2. Authorize the City Manager to negotiate and execute a first modification to agreement #11364 in the amount of $46,800,876 with Gillig, LLC to furnish and deliver up to thirty 40-foot battery electric buses to the Santa Monica Department of Transportation and authorize a notice to proceed to Gillig, LLC in reference to the agreement. This will result in an amended agreement with a new total amount not to exceed $64,948,546, with future year funding contingent on Council budget approval.
Summary
Operating a regional transit system covering more than 69 square miles of the western Los Angeles area serving more than 8.5 million passengers a year, the Big Blue Bus (BBB)—a division of the Santa Monica Department of Transportation (DOT)—is committed to reducing harmful emissions and pursuing the most environmentally sustainable vehicles to provide service to customers and meet the operational needs of the department. In support of that goal, DOT is converting its Compressed Natural Gas (CNG) fleet of buses to Zero Emission vehicles. Pursuant to its Fleet Management Plan and Federal Transportation Administration (FTA) guidelines, DOT replaces buses after 12 years in service or 500,000 miles. Staff recommends that buses be replaced on a
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one-for-one basis, and 32 CNG buses purchased in 2011 and 2012 are currently due for replacement. To advance efforts to fully transition the Big Blue Bus fleet to zero emission buses by 2030, staff recommends that the City execute a modification to agreement #11364 with Gillig LLC in an amount not to exceed $46,800,876 for the purchase of up to 30 battery electric buses (BEBs), including spare parts, training, and warranty. This will result in a new total amount not to exceed $64,948,546. The award recommendation is based on the competitively bid agreement awarded to Gillig LLC by the State of Washington.
Discussion
To support the City of Santa Monica’s sustainability goals, the Santa Monica Department of Transportation presented a Fleet Composition Study to the City Council in April 2018. Based on the study’s findings, Council reaffirmed its commitment to a full transition to zero emissions by 2030. In support of the City’s sustainability target, DOT has been operating BEBs in its fleet since August 2019, and currently has 19 BEBs in service, with 15 additional BEBs scheduled to be delivered in 2025. In preparation for the adoption of BEBs, DOT has completed a fleet electrification master planning effort that evaluated its service to create a phased implementation plan for the replacement of its CNG-powered buses and the installation of charging infrastructure to power the battery-electric vehicles. This report found that BBB’s service needs can be met with existing BEBs now available on the market.
DOT is also planning for the enhancement of its charging infrastructure. A consultant is finalizing engineering design plans that would provide additional charging infrastructure for up to 104 BEBs, and these phases of the infrastructure master plan are scheduled to begin construction in 2025 and be completed by early 2027. Additionally, DOT has partnered with Southern California Edison (SCE) to ensure that energy will be available for the charging of its BEBs through SCE’s Charge Ready Transport program which provides a rebate for electric bus charging infrastructure. The BEBs in the BBB fleet have performed well, and staff has received positive feedback from Motor Coach Operators who have driven the buses and customers who have ridden on them. Since Gillig vehicles comprise more than 80% of the BBB fleet, parts, maintenance, and
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technician familiarity with their buses provide efficiencies and economies of scale for fleet maintenance and warehousing of vehicle parts.
Staff recommends executing a modification to agreement #11364 with Gillig LLC, pursuant to the same base price as set forth in the terms and conditions in the State of Washington’s Transit Bus Invitation for Bid (IFB) dated March 4, 2020, and subsequently executed contract 06719-01 dated April 1, 2021. This procurement authorizes local government agencies outside the State of Washington to purchase electric buses in accordance with the prices listed in Attachment D of the IFB.
Procurement of electric buses using the State of Washington bid would enable the department to meet its goal of timely replacement of vehicles that have reached their twelve-year useful life in accordance with BBB’s fleet replacement plan.
Analysis
Base Price for each BEB (February 2021) 813,044
City and DOT technical requirements 247,165
Delivery 1,898
Pre-tax unit price 1,062,107
PPI Adjustment per WA Contract (2021-2024) 297,822
Current Pre-Tax Unit Price - (1/16/2023) 1,359,929
Applicable taxes 83,509
Total current unit price including taxes 1,443,438
Price for 30 electric buses 43,303,140
Spare Parts 150,000
Training 100,000
Contingency – 7.5% 3,247,736
Total Authorization Requested for Electric Bus Contract 46,800,876 *City and DOT technical requirements include an additional 7th high-voltage battery, Clever Devices hardware/software for the Radio/Computer-Aided Dispatch-Automated Vehicle Location (CAD-AVL) system, Automatic Passenger Counters, Wi-Fi, electric doors, the BBB seating layout, wheelchair restraints, and passenger surveillance systems.
Vendor Selection
Exception to Competitive Bidding
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Staff recommends Gillig LLC to furnish and deliver battery electric transit buses as an exception to competitive bidding per SMMC 2.24.250 (c) This code allows for the City to use a competitive bidding process of another government entity where the goods or services supplied to the City are the “same or better price” as the price obtained by that agency. Here, the State of Washington followed all federal requirements and procedures in connection with its IFB for the delivery of 40-foot electric buses. As a result of this process, Washington determined that four vendors, including Gillig, were qualified to provide electric transit buses and executed contracts with each of the qualified vendors.
DOT staff selected Gillig as the best value for Santa Monica DOT from among the qualified vendors primarily due to the following factors:
Maintainability: Approximately 80% of DOT’s existing fleet are Gillig buses and the BEBs produced by Gillig share 80% of parts and design with 40’ Gillig buses in the existing fleet. As a result, less training is needed to familiarize technicians with Gillig components and Motor Coach Operators with the operation of the vehicle.
History of excellent product support: Gillig is a California-based company headquartered in Livermore, CA. DOT has a positive work history with Gillig buses since 2013, and DOT has received excellent parts and service support for its 19 BEBs.
Technical design, and passenger and community considerations: DOT’s 19 Gillig BEBs have performed well since their deployment in revenue service and are well received by both motor coach operators and passengers. c.
competitive procedures were followed by a governmental agency, federal, state, county, city, joint powers agency, special district, or cooperative purchasing agency and the goods or services are supplied to the City at the same or better price;
Environmental Review
The contract modification award for the purchase of electric replacement buses is categorically exempt from CEQA pursuant to Section 15302 of CEQA. Section 15302
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exempts Class 2 projects which “consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.” The electric buses would replace existing CNG buses, with essentially the same purpose and capacity of existing CNG buses. Therefore, the project qualifies for a Class 2 exemption.
Past Council Actions
Meeting Date Description
4/24/2018 BBB Fleet Composition Study
7/24/2018 Purchase of (1) Prototype Gillig Electric Bus 10/22/2019 Purchase of (18) 40’ Gillig Electric Buses
2/28/2023 Purchase of (15) 35’ Gillig Electric Buses
Financial Impacts and Budget Actions
Staff seeks authority to appropriate $46,800,876 of Federal Section 5307 reimbursable funds and approve the use of this funding from the BBB Fund to award a contract to Gillig LLC for the purchase of up to thirty 40-foot Battery Electric Buses as follows:
Agreement Modification Request
Agreement # Current Authorized
Amount
FY 2026-27
Request Amount CIP Account #
Total
Agreement
Amount
11364 $18,147,670 $46,800,876 C6004810.689000 $64,948,546 $4,584,834 in Affordable Housing and Sustainable Communities (AHSC) Program funds will go toward the purchase of five new battery electric buses. The Section 5307 Funds will be reimbursed by the Federal Transit Administration (FTA) as expenses are incurred, which is anticipated to be in FY 2026-27. As such, the revenue will be budgeted during a future biennial budget process. Future year funding is contingent upon Council budget approval.
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Prepared By: David Nanjo, Administrative Analyst
Approved Forwarded to Council
Attachments:
A. Oaks_Gillig LLC_030624
B. Santa Monica CA (32) 40' BEB Quote
C. Levine_Gillig LLC_030124
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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 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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Attachment: Oaks_Gillig LLC_030624 (5805 : Purchase of Thirty 40-foot Battery Electric Buses)
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 #
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Attachment: Oaks_Gillig LLC_030624 (5805 : Purchase of Thirty 40-foot Battery Electric Buses)
CONFIDENTIAL
ITEM STATE OF WASHINGTON, WA SANTA MONICA VARIANCE
EXTERIOR STYLING PACKAGE LOW FLOOR PLUS LOW FLOOR PLUS -
CUMMINS EV TRACTION MOTOR,
INVERTERS & POWER
MANAGEMENT SYSTEMS
INCLUDED REQUIRED -
ESS ENERGY STORAGE SYSTEM
WITH 6 BATTERY ENCLOSURES
TOTALING588 KWH CAPACITY
INCLUDED
ESS ENERGY STORAGE SYSTEM WITH
7 BATTERY ENCLOSURES TOTALING
686 KWH CAPACITY
64,573.00
DEPOT PLUG-IN CHARGING PORT
PER SAE J1772
(1) CCS TYPE 1 CONNECTOR
(REAR - CURBSIDE)
(2) CCS TYPE 1 CONNECTOR
(REAR - CS & FRONT - SS) 6,850.00
OVERHEAD CHARGE RAILS NOT INCLUDED NOT REQUIRED -
ASSET WORKS FJ3 VIB NOT INCLUDED REQUIRED 814.00
REGENERATION LIGHT TO REAR OF
BUS NOT INCLUDED REQUIRED 180.00
COOLANT FILTER FOR EBUS
APPLICATION INCLUDED REQUIRED -
BRAKES DISC BRAKES DISC BRAKES -
BRAKE VALVE BENDIX E-8 BENDIX E-10 192.00
AXLE HUB SEALS GREASE SEALS GREASE SEALS -
MERITOR FRONT & REAR AXLES INCLUDED REQUIRED -
MAGNETIC AXLE DRAIN PLUGS INCLUDED REQUIRED -
ELECTRONIC STABILITY CONTROL INCLUDED REQUIRED -
AUTOMATIC TRACTION CONTROL INCLUDED REQUIRED -
HILL HOLDER SWITCH MOUNTED
AT DASH NOT INCLUDED NOT REQUIRED -
HUBODOMETER NOT INCLUDED NOT REQUIRED -
WHEEL MOUNTING HUB PILOTED HUB PILOTED -
WHEELS (6) ALUMINUM
FULL POLISHED WHEELS
(6) ALUMINUM
FULL POLISHED WHEELS -
DURAFLANGE WHEELS NOT INCLUDED NOT REQUIRED -
TIRES CUSTOMER SUPPLIED CUSTOMER SUPPLIED -
ELECTRIC STEERING ASSIST NOT INCLUDED NOT REQUIRED -
VIP TEXTURED STEERING WHEEL NOT INCLUDED REQUIRED 79.00
GAUGES IN REAR RUN BOX ELECTRIC FORSTER GAUGE ELECTRIC FORSTER GAUGE -
POWER PORT AT REAR RUN BOX
FOR LAPTOP NOT INCLUDED REQUIRED 210.00
SWAT SWITCH NOT INCLUDED REQUIRED 270.00
ELECTRIC HYDRAULIC PUMP INCLUDED REQUIRED -
ELECTRICAL TOW CONNECTION NOT INCLUDED NOT REQUIRED -
AD-IP AIR DRYER FOR EBUS
APPLICATION INCLUDED REQUIRED -
REMOTE MTD INTERLOCK TEST
PORTS NOT INCLUDED REQUIRED 180.00
ENGINE SKID PROTECTION NOT INCLUDED REQUIRED 519.00
PAINT PROTECTION FILM TO REAR
I/O PANEL DOOR NOT INCLUDED REQUIRED 222.00
A-POST SKID PLATES NOT INCLUDED REQUIRED - CS & SS 206.00
HORN SPLASH SHIELD NOT INCLUDED NOT REQUIRED -
LEVEL 2 INSULATION INCLUDED REQUIRED -
BATTERY TYPE (2) ODYSSEY AGM GROUP 31 (2) ODYSSEY AGM GROUP 31 -
CRIMPED & SOLDERED ENDS
(CHASSIS CABLE CONNECTORS) NOT INCLUDED REQUIRED 300.00
BATTERY JUMP START CONN INCLUDED
(REAR CONNECTION)
REQUIRED
(FRONT & REAR CONNECTION) 545.00
RETAINING SPRINGS FOR BATTERY
DISCONNECT ACCESS DOOR NOT INCLUDED REQUIRED - (2) 150.00 WHEELCHAIR RAMP LIFT-U LU18 LIFT-U LU18 -
TK ELECTRIC HVAC SYSTEM TE18 INCLUDED REQUIRED -
REFRIGERANT R407C R407C -
REFRIGERANT PRESSURE
DISPLAY NOT INCLUDED NOT REQUIRED -
HINGED HVAC RETURN GRILLE NOT INCLUDED REQUIRED 285.00
PRICE VARIANCE
10/28/2024
SANTA MONICA, CA OFF OF STATE OF WASHINGTON RFP# 2020 06719-01 (32) 40' BATTERY ELECTRIC LOW FLOOR PLUS BUSES, SN: TBD PAGE 1 OF 4
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Attachment: Santa Monica CA (32) 40' BEB Quote (5805 : Purchase of Thirty 40-foot Battery Electric Buses)
CONFIDENTIAL
ITEM STATE OF WASHINGTON, WA SANTA MONICA VARIANCE
PRICE VARIANCE
10/28/2024
SANTA MONICA, CA OFF OF STATE OF WASHINGTON RFP# 2020 06719-01 (32) 40' BATTERY ELECTRIC LOW FLOOR PLUS BUSES, SN: TBD
DRIVERS HEATER MOTORS BRUSHLESS BRUSHLESS -
FRESH AIR MAKE-UP NOT INCLUDED NOT REQUIRED -
EBUS COLD WEATHER PACKAGE
W/ DUAL DIESEL & ELECTRIC
FIRED AUXILIARY COOLANT
HEATER
NOT INCLUDED NOT REQUIRED -
FRONT THRESHOLD HEATER NOT INCLUDED NOT REQUIRED -
REAR CURBSIDE HEATER NOT INCLUDED NOT REQUIRED -
UNDERSEAT HEATER NOT INCLUDED NOT REQUIRED -
DASH FAN(S) NOT INCLUDED NOT REQUIRED -
SENSTIVE EDGE REAR DOOR ONLY REAR DOOR ONLY -
REAR DOOR 34" AIR OPEN/SPRING CLOSE 34" ELECTRIC OPEN/ CLOSE - DOOR CONTROLS (FRONT & REAR) AIR-FULL DRIVER CONTROL ELECTRIC-FULL DRIVER CONTROL 6,595.00 VAPOR CLASS W/OVERRIDE SW NOT INCLUDED REQUIRED 4,534.00
VAPOR ELECTRONIC DOOR
CONTROL W/ BUTTONS NOT INCLUDED NOT REQUIRED -
EXTERIOR FRONT DOOR RELEASE NOT INCLUDED NOT REQUIRED - ELECTRICAL EQUIPMENT CABINET 44" H W/ (2) FANS 44" H W/ (2) FANS -
ELECTRICAL EQUIPMENT CABINET
INTERIOR LIGHTS NOT INCLUDED REQUIRED 180.00
CS WHEELWELL STORAGE BOX NOT INCLUDED REQUIRED (13-41988F021BW) BLACK W/GAS SHOCK 630.00
SS WHEELWELL STORAGE BOX NOT INCLUDED REQUIRED 515.00
FRONT CS WHEELWELL
PACKAGE RACK NOT INCLUDED REQUIRED 150.00
CONTOURED VERTICAL
STANCHIONS NOT INCLUDED REQUIRED 732.00
PASSENGER INFO STATION NOT INCLUDED INNOCOM IC 21.5/28 2P-IL-SANTA MONICA 419.00 REGISTRATION PERMIT HOLDER NOT INCLUDED (1) 9.13 x 6.13 x .09 42.00
EXTERIOR AD FRAMES NOT INCLUDED NOT REQUIRED -
PASSENGER SEATS AMSECO INSIGHT W/ A.R.M,
Q'STRAINT RESTRAINTS
AMSECO INSIGHT CLASSIC W/
E-LEATHER FABRIC
W/ CLEARRIDE ANTIMICROBIAL
TREATMENT, W/ 1-Q' POD
W/ SLIM F/U SEATS ON SS,
BC55 FLIP SEATS ON CS &
QUANTUM ACTIVATION
BUTTON ON SEAT BOTTOM
(PER SANTA MONICA SPECS)
14,856.00
QUANTUM (CURBSIDE) NOT INCLUDED REQUIRED 15,567.00
FRONT CS & SS WHEELWELL
VERTICAL STANCHION NOT INCLUDED REQUIRED - CS & SS 300.00 DRIVERS SEAT RECARO ERGO METRO AM80 W/
HEADREST & 2-PT BLACK BELT
USSC G2A W/LEATHER, HEADREST & 3-
POINT ORANGE BELT 5,052.00
SEAT BELT ALARM NOT INCLUDED NOT REQUIRED -
SEAT CUSHION ALARM NOT INCLUDED REQUIRED 185.00
SEAT ARMREST NOT INCLUDED NOT REQUIRED -
PASSENGER SIGNALS PULL CORDS PULL CORDS -
STOP REQUEST AT REAR DOOR
STANCHION NOT INCLUDED NOT REQUIRED -
STOP REQUEST LAMP AT DASH NOT INCLUDED REQUIRED 52.00
DRIVERS BARRIER WRAPAROUND
W/ OUT SCHEDULE HOLDERS
WRAPAROUND
W/ OUT SCHEDULE HOLDERS -
DRIVERS PROTECTION BARRIER NOT INCLUDED AROW GLOBAL MV308 W/EXTENDED GLASS 7,217.00
MODESTY PANEL FWD OF REAR
DOOR NOT INCLUDED REQUIRED 303.00
OVERHEAD GRAB STRAPS NOT INCLUDED (10) GREY OUTER PVC & INNER POLYESTER WEBBING STRAP 11" 340.00
STANCHIONS YELLOW POWDER COATED SSTL -
PAGE 2 OF 4
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Attachment: Santa Monica CA (32) 40' BEB Quote (5805 : Purchase of Thirty 40-foot Battery Electric Buses)
CONFIDENTIAL
ITEM STATE OF WASHINGTON, WA SANTA MONICA VARIANCE
PRICE VARIANCE
10/28/2024
SANTA MONICA, CA OFF OF STATE OF WASHINGTON RFP# 2020 06719-01 (32) 40' BATTERY ELECTRIC LOW FLOOR PLUS BUSES, SN: TBD
PASSENGER WINDOWS AROW
STD FRAME / UPPER TRANSOM
RICON STD FRAME / UPPER TRANSOM
W/LOCKS, W/4-LAYER GRAFFITI FILM 12,554.00
GLAZING GUARDS NOT INCLUDED NOT REQUIRED -
HEAD LAMPS LED LOW & HIGH BEAMS LED LOW & HIGH BEAMS -
STOP/TAIL/TURN/BACK UP LAMPS 4" ROUND DIALIGHT LED 4" ROUND DIALIGHT LED -
REAR CAP GRILLE LOWER
CENTER STOP LAMPS (2) 4" RED LED LAMPS (2) 18" RED LED STRIP LAMPS 138.00 AUX BRAKE LAMPS NOT INCLUDED (2) 4" LED AT UPPER REAR HVAC DOOR CORNERS 250.00
YIELD SIGN NOT INCLUDED NOT REQUIRED -
BATTERY COMPARTMENT LAMPS NOT INCLUDED NOT REQUIRED -
INTERIOR LAMPS LED I/O CONTROLS LED I/O CONTROLS -
PLEASURE RADIO NOT INCLUDED NOT REQUIRED -
2-WAY RADIO PRE-WIRE W/ ANTENNA PRE-WIRE W/ ANTENNA -
PA SYSTEM/VOICE ANNUCIATOR STD REI INCLUDED W/ CLEVER DEVICES ITS -
CAD / AVL ITS SYSTEM NOT INCLUDED
CLEVER DEVICES W/ IVN5, W/ IBR1700
ROUTER & ANTENNA
CLEVER VISON W/ 37" MONITOR,
APC (BOTH DOORS) & EVMS 1-YR ONLY
(SAAS) ANNUAL FEE
(PER SANTA MONICA NEW SPECS)
56,579.00
INTERIOR LED STOP REQUEST SIGN
(REAR OF BUS) NOT INCLUDED REQUIRED 2,325.00
DRIVERS SPEAKER NOT INCLUDED NOT REQUIRED -
HAND HELD MIC NOT INCLUDED NOT REQUIRED -
BOOM MIC INCLUDED REQUIRED -
HEATED FRONT GLAZING NOT INCLUDED NOT REQUIRED -
DESTINATION SIGNS TWIN VISION AMBER
(FRONT, CS & REAR)
LUMINATOR WHITE
(FRONT, CURBSIDE & REAR) 5,734.00
FRONT RUN SIGN NOT INCLUDED LUMINATOR WHITE LED 1,732.00
FAREBOX PRE-WIRE ONLY PRE-WIRE ONLY -
FAREBOX GUARD INCLUDED REQUIRED -
CEILING MTD FAREBOX LAMP NOT INCLUDED REQUIRED 121.00
TRANSFER CUTTER NOT INCLUDED NOT REQUIRED -
TAP CARD VALIDATOR NOT INCLUDED CUBIC PREWIRE ONLY 958.00 TELEMATICS SYSTEM 2-YEAR SUBSCRIPTION
VIRICITI CLOUD BASED SYSTEM
2-YEAR SUBSCRIPTION
VIRICITI CLOUD BASED SYSTEM -
FULL COMPOSITE FLOOR INCLUDED REQUIRED -
FLOORING MATERIAL ALTRO ALTRO CHROMA META -
INTERIOR SIDEWALL MATERIAL STD MELAMINE LEATHER GRAINED ALUMINUM 1,545.00 SOUND INSULATION AT 3RD DECK
AND REAR STEPS NOT INCLUDED REQUIRED 315.00
FLOORING TRIM MATERIAL STD RUBBER SSTL 857.00
ROOF HATCHES (1) REAR - MANUAL (1) REAR - MANUAL -
EXTERIOR MIRRORS 8" X 8" 1-PC,
NON-HEATED W/ REMOTE
8" X 11" 1-PC W/5x7 CONVEX
HEATED W/ REMOTE 473.00
TURN SIGNAL INDICATOR
ON MIRROR NOT INCLUDED REQUIRED - CS & SS 250.00
DRIVER SUNSHADE CORD RELEASE FLEXI VISOR 50.00
FIRE SUPRESSION
WITHOUT ESS SUPRESSION AMEREX V-25 W/ BACK-UP BATTERY AMEREX V-30 SAFETY NET W/ 72 HOUR BACK-UP BATTERY 3,688.00
TRAFFIC LIGHT PREEMPTION NOT INCLUDED NOT REQUIRED -
VIDEO SURVEILLANCE NOT INCLUDED LUMINATOR (12) CAMERA, 4TB DVR & 10" MONITOR 16,449.00
BACK UP CAMERA NOT INCLUDED NOT REQUIRED -
BIKE RACK SPORTWORKS
MOUNTING BRACKETS ONLY
SPORTWORKS
MOUNTING BRACKETS ONLY -
BIKE RACK MIRROR NOT INCLUDED REQUIRED 50.00
BIKE RACK DEPLOYED LAMP NOT INCLUDED REQUIRED AT DASH 275.00 PAGE 3 OF 4
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Attachment: Santa Monica CA (32) 40' BEB Quote (5805 : Purchase of Thirty 40-foot Battery Electric Buses)
CONFIDENTIAL
ITEM STATE OF WASHINGTON, WA SANTA MONICA VARIANCE
PRICE VARIANCE
10/28/2024
SANTA MONICA, CA OFF OF STATE OF WASHINGTON RFP# 2020 06719-01 (32) 40' BATTERY ELECTRIC LOW FLOOR PLUS BUSES, SN: TBD
MEDICAL AID KIT NOT INCLUDED NOT REQUIRED -
BLOODBORN PATHOGEN KIT NOT INCLUDED NOT REQUIRED -
WHEEL CHOCKS (SET) NOT INCLUDED NOT REQUIRED -
FIBEROPTIC DASH PANEL
BACKLIGHTING NOT INCLUDED REQUIRED 1,171.00
ELECTRONIC MFD MULTI FUNCTION
DASH DISPLAY (MFD II) INCLUDED REQUIRED -
12V POWER PORT AT DASH NOT INCLUDED NOT REQUIRED -
CUP HOLDER NOT INCLUDED NOT REQUIRED -
WASTE CONTAINER NOT INCLUDED REQUIRED 234.00
I/O PROGRAM MODULE NOT INCLUDED NOT REQUIRED
ADJUSTABLE PEDALS NOT INCLUDED REQUIRED 1,556.00
EXTERIOR PAINT 1-COLOR 2-COLOR 2,961.00
CLEAR COAT BUS NOT INCLUDED REQUIRED 1,238.00
EXTERIOR GRAPHICS BUS NUMBERS ONLY SANTA MONICA, CA CUSTOM GRAPHICS 2,268.00 ROOF NUMBERS NOT INCLUDED REQUIRED 150.00
WARRANTY (BASIC BUS) 24 MONTHS / 100,000 MILES 24 MONTHS / 100,000 MILES -
WARRANTY - (STRUCTURAL
INTEGRITY CORROSION) 144 MONTHS / 500,000 MILES 144 MONTHS / 500,000 MILES - WARRANTY - ESS (BATTERIES) 72 MONTHS / 300,000 MILES 72 MONTHS / 300,000 MILES - WARRANTY - (TRACTION MOTOR) 36 MONTHS / 100,000 MILES 36 MONTHS / 100,000 MILES - WARRANTY - (HVAC TK ELECTRIC) 36 MONTHS / UNL MILES 36 MONTHS / UNL MILES -
WARRANTY (ALL OTHERS) BASE COVERAGE PER
WASHINGTON CONTRACT
BASE COVERAGE PER
WASHINGTON CONTRACT -
TRAINING NOT INCLUDED NOT REQUIRED -
TOTAL SANTA MONICA, CA VARIANCES 247,165.00
STATE OF WASHINGTON, WA 40' BATTERY ELECTRIC LOW FLOOR BASE UNIT PRICE (FEB 2021) 813,044.00 DELIVERY 1,898.00
SANTA MONICA, CA 40' BATTERY ELECTRIC LOW FLOOR PLUS NON-ADJUSTED BASE UNIT PRICE 1,062,107.00 PPI 1413 ADJUSTMENT PER WA STATE CONTRACT AMENDMENT #1 = 11.78% 95,777.00 PPI 1413 ADJUSTMENT PER WA STATE CONTRACT AMENDMENT #3 = 15% 136,323.00 PPI 1413 ADJUSTMENT PER WA STATE CONTRACT AMENDMENT #4 = 7.15% (ONE TIME REDUCTION TO 5%) 52,257.00 SPARE / TOOLING BUDGET (1%) 13,465.00
SANTA MONICA, CA 40' BATTERY ELECTRIC LOW FLOOR PLUS CURRENT ADJ PRICE (10/28/2024) 1,359,929.00 NON-TAXABLE ADA EQUIPMENT 35,118.00
DELIVERY 1,898.00
TRAINING -
SANTA MONICA, CA NON-TAXABLE ITEMS 37,016.00
SANTA MONICA, CA 40' BATTERY ELECTRIC UNIT PRICE (NON-TAXED) 1,359,929.00 SANTA MONICA, CA NON-TAXABLE ITEMS (37,016.00)
SANTA MONICA, CA 40' BATTERY ELECTRIC TAXABLE PRICE 1,322,913.00 ADD CALIFORNIA SALES TAX - SANTA MONICA, CA (10.25% ADJUSTED TO 6.3125% ZERO EMISSION) 83,509.00 SANTA MONICA, CA NON-TAXABLE ITEMS 37,016.00
SANTA MONICA, CA 40' BATTERY ELECTRIC BUS CURRENT ADJUSTED PRICE, W/ CA SALES TAX (10/28/2024) 1,443,438.00
CONFIDENTIAL
This pricing information is intended only for the personal and confidential use of the recipient(s) to whom it was originally sent. If you are not an intended recipient of this information or an agent responsible for delivering it to an intended recipient, you are hereby notified that you have received this information in error, and that any review, dissemination, distribution, or copying of this message is strictly prohibited.
NON -TAXABLE ITEMS CALCULATIONS
CURRENT BUS PRICE CALCULATIONS INCLUDING CA SALES TAX
PAGE 4 OF 4
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Attachment: Santa Monica CA (32) 40' BEB Quote (5805 : Purchase of Thirty 40-foot Battery Electric Buses) City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
In 2022, California’s SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit City “Officers” from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or
(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form.
https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/ /boards/.
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________
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Attachment: Levine_Gillig LLC_030124 (5805 : Purchase of Thirty 40-foot Battery Electric Buses) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:
Please note this form is a public record and subject to a California Public Records Act request.
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Attachment: Levine_Gillig LLC_030124 (5805 : Purchase of Thirty 40-foot Battery Electric Buses) City Council
Report
City Council Meeting: December 17, 2024
Agenda Item: 5.D
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To: Mayor and City Council
From: Anuj Gupta, Director of Transportation, Parking Operations (DOT) Subject: Award Contract to Nastich Law for Parking Citations Hearing Examiner Services
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the contract is not a project subject to the California Environmental Quality Act (CEQA);
2. Award RFP# 426 to Nastich Law, a Professional Corporation (“Nastich Law”) for parking citation hearing examiner services for the Department of Transportation;
3. Authorize the City Manager to negotiate and execute an agreement with Nastich Law, in an amount not to exceed $240,000 for three years with two one-year renewal options in the amount of $176,000 on the same terms and conditions for a total amount not to exceed $416,000 over a five-year period, with future year funding contingent on Council budget approval.
Summary
The State of California requires municipalities to follow the provisions of the California Vehicle Code (CVC), which mandates that issuing agencies provide an impartial review process for contested parking citations. The Department of Transportation’s Parking Operations Division maintains a contract with a parking citation hearing examiner for this purpose. The current service provider is contracted through December 2024 and has agreed to provide services through February 2025 on an interim basis. A contract modification to extend this contract through the end of February will be processed. In preparation for a new contract, the Parking Operations Division conducted a competitive procurement process and issued RFP #426. Upon evaluation of the proposals received, staff recommends awarding a contract to Nastich Law for parking citation hearing examiner services, in an amount not to exceed $240,000 for three years with two one5.D Packet Pg. 79
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year renewal options in the amount of $176,000, on the same terms and conditions for a total amount not to exceed $416,000 over a five-year period Discussion
Parking Citation Contesting Procedures in Santa Monica
CVC § 40215 sets forth procedures for contesting parking citations, which all issuing agencies must follow in accordance with state law. The process for contesting a parking citation begins with an initial administrative review conducted by the Traffic Services Division of the Santa Monica Police Department. An administrative hearing may be requested if the contestant is not satisfied with the results of the initial review. The administrative hearing is conducted by an independent adjudicator hired by the Parking Operations Division to review and resolve parking citation disputes. If the contestant is not satisfied with the decision rendered during the administrative hearing, they may file an appeal with the Superior Court, provided the request is filed within 30 days of the mailing date of the hearing decision.
The CVC also requires that the issuing agency appoint or contract with administrative hearing examiners possessing the qualifications, training, and objectivity necessary to conduct a fair and impartial review, requiring that the examiners cannot be employees of the City.
Parking Citation Activity in Santa Monica
The volumes of requested/concluded City of Santa Monica citation hearings per fiscal year (FY) are as follows:
Activity
FY
20/21
FY
21/22
FY
22/23
FY
23/24
Yearly Issuance 129,403 235,063 216,908 193,017
Hearing Requests Received 531 521 515 826
Citations Processed Hearing Liable 391 379 363 376
Citations Processed Hearing Not Liable 1 38 64 47
Citations Processed Hearings No Show 34 5 7 133
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Between FY 20-21 and FY 23-24, less than 1% of all parking citations were contested and entered the adjudication process per year. In general, there has been a fluctuating trend in the number of contested citations compared to the number of citations issued.
Staff anticipates FY 24-25 hearings to meet or exceed the FY 23-24 level.
Vendor Selection
Bidder Recommendation
Best Qualified Person/Firm Nastich Law
Evaluation Criteria Training, credentials, and experience; demonstrated competence, ability, capacity, and skill; capacity to
provide services promptly, within the time specified;
price.
Municipal Code SMMC 2.24.190
Proposals Received
Nastich Law, a Professional Corporation
Serviam by Wright, LLC
RFP Data
Date Posted Location
Posted
Advertised (per City
Charter & SMMC)
Vendors
Downloaded
Date
Publicly
Opened
10/10/2024 City’s Online
Bidding Site
(OpenGov)
Santa Monica Daily
Press
4 11/1/2024
Justification to Award
Staff recommends Nastich Law as the best bidder for the parking citation hearing examiner services. The recommendation is based on the firm’s previous experience working with agencies similar to Santa Monica, cost proposal, and technical skill.
Nastich Law has done similar work for the City of Santa Clara, the County of San Luis Obispo, and Placer County Code Compliance. A team of City staff from Parking Operations evaluated the two proposals, conducted interviews with the proposers, and has recommended an award to Nastich Law. Nastich Law received the highest score based on the evaluation criteria set forth in SMMC 2.24.190, including experience and technical competence, quality of work, project team, cost, knowledge of and adherence to requirements, references, and project understanding.
Environmental Review
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The contract for parking citation services is not a “project” subject to CEQA. The contract is administrative in nature and establishes the terms and conditions between the City and the Coalition. Pursuant to CEQA Section 21065, the contracted parking citation services 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 contract is not subject to CEQA.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Department of Transportation’s Parking Operations budget within the General Fund to award a contract with Nastich Law for parking citation hearing examiner services.
Agreement Request
FY 2024-25
Request
Amount
Amount for Future Years Account # Total Contract
Amount
$80,000 $336,000 01600004.550010 $416,000
Future year funding is contingent on Council budget approval.
Prepared By: Zach Pollard, Parking Manager
Approved Forwarded to Council
Attachments:
A. Levine Act Disclosure 10.29.24
B. Oaks Initiative 10.29.24
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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: _________________________________
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Attachment: Levine Act Disclosure 10.29.24 (6649 : Award Contract for Parking Hearing Examiner) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:
Please note this form is a public record and subject to a California Public Records Act request.
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Attachment: Levine Act Disclosure 10.29.24 (6649 : Award Contract for Parking Hearing Examiner) 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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Attachment: Levine Act Disclosure 10.29.24 (6649 : Award Contract for Parking Hearing Examiner)
• 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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Attachment: Levine Act Disclosure 10.29.24 (6649 : Award Contract for Parking Hearing Examiner)
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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Attachment: Levine Act Disclosure 10.29.24 (6649 : Award Contract for Parking Hearing Examiner)
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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Attachment: Oaks Initiative 10.29.24 (6649 : Award Contract for Parking Hearing Examiner)
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 #
Nastich Law, a Professional Corporation
Summer L. Nastich, President, CEO, sole shareholder.
Summer L. Nastich, 100%.
Summer L. Nastich President and CEO
October 29, 2024
[email protected] (415) 794-4210
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Attachment: Oaks Initiative 10.29.24 (6649 : Award Contract for Parking Hearing Examiner) City Council
Report
City Council Meeting: December 17, 2024
Agenda Item: 5.E
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Airport Subject: Approval of Lease with NEON Rated for 3200 Airport Ave and Associated Contract Modifications with Corporate Realty Group and Swinerton Builders Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) guidelines;
2. Authorize the City Manager to negotiate and execute a Lease with NEON Rated, LLC, dba (“NEON”), a California-based company for general office and administrative uses located at 3200 Airport Avenue;
3. Authorize the City Manager to negotiate and execute a second modification to professional services agreement #11419 in the amount of $251,565 with Corporate Realty Group (“CRG”) for commercial real estate broker services associated with these negotiations. This would result in a 5-year amended agreement with a new total amount not to exceed $3,675,462 with future year funding contingent on Council budget approval;
4. Authorize the City Manager to negotiate and execute a second modification to agreement #11365 (CCS) in an amount not to exceed $2,500,000 (including contingency) with Swinerton Builders (“Swinerton”) for costs associated with additional scope required for tenant improvements related to lease negotiations at 3200 Airport Avenue for the Public Works Department. This would result in an amended agreement with a new total amount not to exceed $12,084,792 with future year funding contingent on Council budget approval;
5. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority; and
6. Authorize budget amendments as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
Summary
NEON Rated, LLC (“NEON”) proposes to lease 8,200 square feet of commercial office and parking spaces from the City at 3200 Airport Avenue. The proposed term is for ten
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years and three months beginning on or around July 1, 2025. However, NEON would have the limited right to terminate the agreement without cause after seven years and three months. Under the proposal, NEON would have the option to extend the agreement for an additional five years. If NEON exercises this option, the rental rate for that five-year period would be adjusted and priced at market rate. The proposed initial term for the lease would expire on September 30, 2035 (assuming that NEON does not terminate the agreement early). If NEON extends the agreement, then the lease term would run until September 30, 2040. Because the term of this proposed new lease extends beyond December 31, 2028, the City’s Airport Leasing and Licensing Policy (Attachment A) requires that the City Council approve the proposed lease term.
The current configuration of the office space at 3200 Airport Avenue does not meet the needs of NEON. Therefore, under the proposal, the City would be responsible for up to $2 million of tenant improvements to the property to modify the current space to a mutually agreed-upon design that is suitable for NEON’s business operations. NEON would be responsible for reimbursing the City for any incurred costs of improvement above $2 million. Furthermore, staff recommends a second modification to agreement #11365 with Swinerton Builders (“Swinerton”), the City’s current contractor that performed the initial renovations to 3200 Airport Avenue. The modified agreement would allow Swinerton to perform the required $2 million of building improvement work that the City would be responsible for under the proposal. The second modification would also provide for an additional $500,000 for any incidentals and tenant-specific scope that NEON might require. A second modification to the agreement would result in a five-year amended agreement with a new total amount not to exceed $12,084,792.
In addition, the City’s contract with its real estate broker will need to be modified to account for the real estate services provided to the City as a result of the proposed lease with NEON. Corporate Realty Group (“CRG”) is the City’s current real estate broker for non-aviation properties at the Airport. CRG has provided brokerage services to the City by soliciting and negotiating the proposed lease with NEON. If the City enters into the proposed lease, a second modification to the City’s agreement with CRG in the amount of $251,565 would be necessary to cover the real estate commissions
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associated with the new lease, including the commission for NEON’s broker. The modified agreement with CRG would result in a new total not to exceed amount of $3,675,462.
Securing the proposed lease with NEON aligns with the City’s priorities of economic recovery and ensuring a healthy enterprise fund for future years. This lease provides stability for revenue sources that would not be impacted by the closure of the Airport.
The proposed lease with NEON would result in net revenue to the Airport Fund (after construction costs and broker commissions) estimated at $3.5 million over the initial tenyear and three-month term.
Discussion
Lease Terms and Conditions
NEON is an American independent film production and distribution company founded in 2017 by CEO Tom Quinn. NEON has produced blockbuster hit movies such as:
Parasite; Longlegs; I, Tonya; and Apollo 11. Over the past five years, NEON produced content has garnered 25 Academy Award® nominations (5 wins, including Best Picture) and grossed over $200 million at the box office.
NEON now seeks to relocate their headquarters to 3200 Airport Avenue. The proposed lease consists of 8,200 square feet of commercial office space and 15 parking spaces.
If approved by Council, the City and NEON would finalize negotiations and execute a lease agreement based on the following terms and conditions. • The proposed term of the lease is for ten years and three months, with one fiveyear option to extend the agreement. • The lease term shall commence on the later of July 1, 2025, or the day after the City has substantially completed the tenant improvements. • During the initial term of the agreement NEON will have one early termination option (after 87 months) with written notice of no less than nine months. NEON will be responsible to pay the City for the unamortized tenant improvements,
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broker commissions, and rent abatement.
• Base rent and parking will be abated for months 13, 25, and 37 of the initial lease term, for a total of three months of abated rent.
• The proposed annual rent for the first year of the lease including parking fees would be $499,320.
• Base monthly rent for the office space shall increase three and a half (3.5%) percent per year. Parking rent for 15 spaces shall remain at $150 per space for the duration of the initial term of the lease
• In addition to the base rent, tenant is responsible for paying operating expenses. • NEON shall have the right to assign the lease to a qualified assignee. • NEON would provide the City a $100,000 security deposit and a $400,000 irrevocable letter of credit, with the City as the beneficiary. The letter of credit would be reduced by $100,000 after the 24th, 36th, 48th and 60th months if NEON is not in default.
• The City is responsible to make certain tenant improvements to the current configuration of the building to suit NEON. The current configuration was designed for two tenants and as such was divided into two office suites – approximately 3,000 square feet each – with a common area hallway and bathrooms. The mutually agreed upon tenant improvements would essentially combine the hallway, bathrooms, and two office suites into one functional office suite for NEON. The City would be responsible for up to $2 million of these improvements, which do not include furniture and tenant specific equipment. Any costs beyond the $2 million cap that the City might incur would be reimbursed by the tenant.
Modification to Swinerton Contractual Agreement
On February 28, 2023, the City Council awarded agreement #11365 (CCS) for a total contractual amount not to exceed $9,084,792 for construction associated with core and shell renovations at 3200 Airport Avenue. On March 19, 2024, an additional $500,000 was authorized to address unforeseen conditions and electrical upgrades, bringing the
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total contractual amount to $9,584,792. Should the proposed lease with NEON be approved and executed, the City would be responsible for performing tenant improvements of up to $2,000,000. An additional $500,000 would be necessary to accommodate incidentals and tenant-specific scope that NEON might require and reimburse the City for.
The City is obligated to deliver the premises with the substantial tenant improvements to NEON by July 1, 2025. Staff will be unable to select a new vendor through the standard procurement process and also complete the required construction to 3200 Airport Avenue by July 1, 2025. Therefore, staff recommends a second modification to its agreement with its current contractor for this property in an amount not to exceed $12,084,792.
Modification to CRG Agreement
On September 26, 2023, the City executed professional services agreement #11419 with CRG for a total contractual amount of $1,164,803 over five years to provide commercial real estate brokerage services for City properties at the Airport. On December 19, 2023, the City Council authorized a modification to this agreement for an additional $2,259,094 for real estate brokerage services related to the City’s new lease with Snap, Inc, which resulted in a new total contract amount of $3,423,897. Should the proposed lease with NEON be approved and executed, the real estate commission fee due to CRG is estimated to be $251,565. This estimate is based on the commission rates set forth in the City’s agreement with CRG for new non-aviation Airport leases with a fixed term: 6% for years 1-5 and 3% for years 6-10. This amount is higher than budgeted at the time of the original contract and subsequent first modification.
Therefore, staff recommends a second modification to the City’s agreement with CRG for $251,565 for a total amount not to exceed $3,675,462.
Environmental Review
The agreement modifications are categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301. Section 15301 of the CEQA State Guidelines provides Class 1 (existing facilities) exemption for projects that
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consists of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. The agreement modifications would provide for tenant improvements and real estate leasing services at 3200 Airport Avenue and therefore, would not expand or materially change existing facilities or operations. Therefore, the award agreements are categorically exempt as set forth in Section 15301 of the CEQA State Guidelines.
Past Council Actions
Meeting Date Description
08/14/2018 (Attachment A) Santa Monica Leasing and Licensing Policy 09/26/2023 (Attachment B) Original bid and award of PSA agreement with Corporate Realty Group, Inc. for commercial real
estate broker services at the Santa Monica Airport
12/19/2023 (Attachment C) First modification to agreement with Corporate Realty Group, Inc.
02/28/2023 (Attachment D) Original bid and award of agreement with Swinerton Builders for construction of the 3200 Airport Avenue
Renovation
03/19/2024 (Attachment E) First modification to agreement with Swinerton Builders for construction of the 3200 Airport Avenue Renovation
Financial Impacts and Budget Actions
The recommended action is expected to provide a net benefit of $3.5 million to the Airport Fund for the duration of the lease. Budget adjustments would be incorporated into the FY 2025-27 biennial budget, as needed.
Approval of the recommended actions require the following budget amendment. There is sufficient funding in the Airport Fund to support this new appropriation.
Appropriate Funds
Account Number(s) Amount
57500001.552010 $251,565
Total $251,565
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Staff seeks authority to approve available funding from the Airport Fund to increase the amount of the contract with Swinerton Builders for tenant improvements for the 3200 Airport Avenue Renovation project, and to increase the amount of the contract with Corporate Realty Group for commercial real estate leasing services.
Agreement Modification Request Agreement
Agreement
#
Current
Authorized
Amount
FY 2024-25
Request
Amount
Budget CIP
Account #
Total
Revised
Contract
Amount
11365 $9,584,792 $2,500,000 C5704690.689000 $12,084,792 11419 $3,423,897 $251,565 57500001.552010 $3,675,462
Future year funding is contingent on Council budget approval.
Prepared By: Stelios Makrides, Chief Operations Officer – Airport Director Approved Forwarded to Council
Attachments:
A. AIRPORT LEASING AND LICENSING POLICY 2018-08
B. Swinerton - Levine Act Initiative
C. Contract 11419_CRG_Original Agreement
D. Contract 11419_CRG_1st Modification
E. CRG - Levine Act Initiative
F. CRG - Oaks Initiative
G. NEON - Levine Act Initiative
H. NEON - Oaks Initiative
I. Contract 11365_Swinerton_Original Agreement
J. Contract 11365_Swinerton_Change_Order_01
K. Swinerton - Oaks Initiative
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1 SANTA MONICA CITY COUNCIL AIRPORT LEASING AND LICENSING POLICY Purpose. The purpose of this Airport Leasing and Licensing policy is to establish and declare City policy on matters related to airport leasing. This Leasing Policy shall be used by the City Manager to analyze leasing and licensing issues, to present leasing and licensing recommendations to the City Council, and to render leasing and licensing decisions under the authority granted by the City Council.
By adopting the Airport Lease Policy, the City Council seeks, to the extent consistent with the Consent Decree signed by the City of Santa Monica and the U.S. Justice Department on behalf of the Federal Aviation Administration, to have an airport tenant mix that:
• Is harmonious with the nearby built environment by protecting the health and safety of Airport neighbors.
• Maintains a sustainable Airport Fund that is independent from the General Fund and other subsidies.
• Comports with any applicable legal requirements and protects the City’s rights that relate to leases at theAirport.
• Continues to provide opportunities for arts, education, and culture, including, but notlimited to,the Artist Space Programadministered in conjunction with Cultural Affairs Division.
• Establishes practices and procedures for evaluating potential leasehold interests, and for lease management and administration. • Fosters uses and practices that are sensitive to the environment and protect the health of Airport neighbors and users and protect the City from future environmental damage exposure.
General Provisions. The majority of the Airport revenue is derived from leases. To help support the Airport’s fiscal self‐sufficiency, all rents, fees, and charges must reflect fair market value. To achieve the goals of the Leasing Policy, the policy shall be managed in a manner consistent with the following standards:
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Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (6667 : Approval of Lease with NEON and Associated Contract Mods with 2 SECTION A: USES
1. Authorized Uses: Authorized uses include: (a) uses required by the Consent Decree; and (b) low intensity uses that are compatible with surroundinguses, serve the adjacent community, and are consistent with the City's environmental goals and policies. Examples of uses in category (b) include, but are not limited to: parks and open space, arts/cultural, creative space, professional theaters, museums, artist studios, art galleries, photograph studios, uses customary or incidental to the production or distribution of motion pictures, educational facilities, professional and general offices, public or private schools existing prior to September of 1984, warehouses, self‐storage/public mini‐warehouses, and restaurants with 500 square feet of floor area or less.
2. Conditionally permitted uses: Parking and automobile storage lots and structures. Restaurants with over 500 square feet of floor area.
Theaters. New public or private schools or educationalinstitutions.
3. Prohibited Uses: Prohibited uses include: any use involving the manufacture, processing, storage, or treatment of products, which by nature of the operation is likely to be obnoxious or offensive to the surrounding environment; construction of new general office buildings; any use not specifically authorized as a permitted or conditionally permitted use; and high intensity uses that are incompatible with the surrounding residential uses.
SECTION B: TERMS AND CONDITIONS
1. Term for Hangars. All hangars shall be leased on a month‐to‐month basis.
2. Term for Tie‐Downs. All tie‐downs shall be leased on a month‐ to‐ month basis.
3. Term for Aeronautical Service Providers. Consistent with the terms of the Consent Decree, aeronautical service providers may be offered up to three‐year lease terms that comport with this Leasing Policyand the Minimum Standards for Commercial Aeronautical Services at Santa Monica Municipal Airport (the “Minimum Standards”), so long as the
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Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (6667 : Approval of Lease with NEON and Associated Contract Mods with 3 expiration date of the lease does not extend beyond December 31, 2028.
4. Term for Non‐Aviation Tenants. Lease terms may be month‐to‐month or longer. However, no lease shall have a term that goes beyond December 31, 2028.
5. Environmental Responsibility. New requests to lease and existing leases shall be reviewed to assess potential negative effects on the environment. The City may require environmental studies or testing as appropriate and necessary, and any needed remediation shall be performed prior to establishment of new uses. All lessees shall be responsible for any environmental contamination, resulting from their prior use, as a condition to a renewed or extended lease.
Environmental clean‐up will be required as a condition of any renewal or extension. At the time of the application, an assessment of the proposed use will be conducted, and appropriate insurance and/or remediation requirements will be incorporated into the lease based on proposed usage.
6. Rates. All new and renewed leases will be leased at prevailing market rates and rates will be adjusted to stay current with market conditions and as new/renewed leases arise.
7. Percentage Rent Provision. In addition to a base rent, the City may elect to require that certain leases include a percentage rent provision, which can be differentiated by categories of sales. The City shall have the right to audit tenant's financial records to ascertain that the gross salesfigures reported by the tenant are accurate.
8. Existing Tenants. All existing airport tenants will be given the opportunity to submit a lease application to the City. The City is under no obligation to offer lease agreements. Submitting an application to the City does not obligate the City to enter into lease negotiations, offer a lease agreement, or execute a lease agreement. The decision to execute a lease agreement will be made solely within the City’s discretion as landlord and property owner.
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Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (6667 : Approval of Lease with NEON and Associated Contract Mods with 4 9. Whole Building Leases. Whole building leases may, at the City’s discretion, be subject to public Requests for Proposals intended to optimize leasehold occupancy and the self‐sustainability of the airport.
Tenants under a whole building lease shall be responsible for maintenance and repair of said buildings.
10. Transfer of Interest. Space sharing is prohibited without the written consent of the City and granting or withholding consent will be conditioned on express standards and conditions set forth in thelease.
11. Lease and License Areas. Operation and improvements to lease and license areas are subject to the City’s standard regulatory rules, review and approval process.
12. Triple Net Leases. The City may require tenants to pay all property taxes and assessments (including Possessory Interest Tax), insurance, and utilities.
13. Commercial Operations Permit (COP). Prospective tenants proposing to use the Santa Monica Airport to engage in an activity that requires a business license from the City are required to acquire a commercial operations permit issued by the City Manager. All COPs will be presented to the Airport Commission for their recommendation and comment prior to City Manager’s approval.
14. Master Tenants. Master tenant agreements are to be phased out in an orderly transition.
15. Sub‐Leasing. New sub‐leasing shall be prohibited. Existing sub‐ tenancies shall be subject to an orderly phase‐out at the sole discretion of the City.
16. Insurance. Airport lease agreements shall minimize the City’s financial and economic risk, by incorporating reasonable indemnification and insurance provisions.
17. Daily and Transient Users. Daily and transient uses shall be permitted.
SECTION C: PERFORMANCE STANDARDS
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Packet Pg. 100 Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (6667 : Approval of Lease with NEON and Associated Contract Mods with 5 1. Compatible and Harmonious. All lessees shall use the airport and any airport property in a manner that is compatible with City policies and with the adjacent residential uses; to encourage activities that complement adjacent residential and commercial uses; to establish practices that are sensitive to the environment and protect the City from future environmental exposure; and for aeronautical service providers, comply with the MinimumStandards.
2. All City‐owned buildings appropriate and suitable for leasing may be subject to a public procurement and solicitation process to identify prospective tenants and licensees whose financial and professional experience, and products and/or services are consistent with the Leasing Standards set forth herein.
3. All prospective tenants must submit a Lease or License Application to the City. Information contained in the Lease Application shall describe the proposed use for the available space; provide information about the respondent; provide references; describe in detail the financial capability of the respondent to perform; and set forth preliminary terms and conditions.
4. Hangars
a. Hangars that have a land lease agreement with the City will be on a month‐to‐month tenancy under a City approved lease agreement which will be updated as deemed necessary by the City.
5. Recruitment for artist day studios will adhere to the criteria set forth by the Cultural Affairs Division of Community and Cultural Services Department. Candidate tenants for available Artist Day Studio space are required to file Program applications for screening purposes, and qualifying artists are selected only from the screened waiting list.
SECTION D: MAINTENANCE AND TENANT IMPROVEMENTS
1. All leaseholders shall be responsible for maintaining their facilities in attractive and safe condition, in compliance with applicable building and
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Packet Pg. 101 Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (6667 : Approval of Lease with NEON and Associated Contract Mods with 6 life safety codes and all applicable environmental laws, ordinances, regulations and other city standards.
2. Facilities will be inspected prior to new or extended leasehold occupancy and refurbished, by the City or tenant (at the City’s election), to a decent, safe and sanitary condition appropriate for use. If tenant makes improvements to the facility as a mutually agreed upon condition of a lease, the City must first review and approve the proposed design and scope of work. All necessary building permits must be obtained, and the work must be inspected for compliance with applicable code(s).
Appropriate rental credits for the approved work performed may be negotiated as part of the lease. Any Tenant Improvement Credit that exceeds two months’ worth of tenant monthly rent must be approved by the Airport Director.
3. Each tenant or licensee will be responsible for interior maintenance and repair at its sole expense, and the City generally will retain responsibility for maintenance and repair of roofs, building exteriors, landscaping and common use parking for all Airport‐managed leaseholds unless otherwise specified in the lease or license. Tenants who lease whole buildings from the City will be responsible for any and all maintenance, repair and improvements including roofs, building equipment and exteriors of the facilities as well as interior maintenance and repairs.
4. Tenants shall respond to the City’s written inquiries regarding any complaints or issues. Tenant will provide an action plan for improvement if so requested by the City.
5. As applicable, the above requirements may be incorporated in leases, licenses and other agreements. In addition, the City may add to any Lease or License further or different or additional operational and performance standards as the City concludes are appropriate to the particular Tenant’s operation.
6. Upon confirmation that the proposed tenancy is consistent with this Leasing Policy, a lease agreement will be prepared for review by the City Attorney and execution by the prospective tenant before being referred
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Packet Pg. 102 Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (6667 : Approval of Lease with NEON and Associated Contract Mods with 7 to the City Manager for approval. Leases for terms greater than terms specified in these guidelines require City Council approval.
SECTION E: LEASE APPROVALS AND DELEGATION OF AUTHORITY
1. The City Manager has the authority to negotiate and execute month‐to‐ month leases, leases with aeronautical service providers, and leases that expire prior to or on December 31, 2028, provided the City Manager finds the proposed use is consistent with this Leasing Policy, the Minimum Standards, and the Consent Decree. To be valid, such leases must be on the basis of written agreements prepared and approved as to form by the City Attorney. Leases for terms of occupancy of more than five years or with an expiration date beyond December 31, 2028, or otherwise outside the parameters established by this Policy, will require City Council approval.
2. The City may cooperate with commercial real estate brokers who are authorized to negotiate leases on behalf of prospective tenants.
SECTION F: GENERAL PROVISIONS
This Leasing Policy may be altered by the City at any time, in its sole discretion, and shall not create any right or reliance interest for any person.
Updated August 2018
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Agreement No. 11419 (CCS)
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”), entered into as of _______________ (“Execution Date”), by and between the CITY OF SANTA MONICA (“City”), a California municipal corporation, and CORPORATE REALTY GROUP, INC. (“CRG”), a California corporation, is made with reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. CRG represents that it is qualified to do business in the State of California. CRG further represents it has the background, knowledge, experience and expertise to provide the professional services set forth in this Agreement.
C. On or about^ September 18, 2018, the City and CRG entered into Agreement No. 10713 (“Original Agreement”) for CRG to provide commercial real estate brokerage and consulting services. On or about June 20, 2023, the City and CRG amended the Original Agreement to extend the agreement term and to increase the compensation authorized under the Original Agreement to be paid to CRG.
Agreement No. 10713 is set to expire by its own terms on December 31, 2024.
D. On March 10, 2023, in compliance with its own competitive bidding requirements, the City issued a Request for Proposals (“RFP”) for commercial real estate brokerage and related consulting services and sought bids from companies qualified to provide these services to the City. On April 14, 2023, GRG submitted a proposal (“Proposal”) in response to the City’s RFP. On June 27, 2023, the Santa Monica City Council accepted CRG’s Proposal and awarded the contract to CRG.
E. The City and CRG now desire to enter into a new agreement for CRG to provide commercial real estate brokerage and consulting services to the City as provided in the Proposal and upon the terms and conditions set forth below. This Agreement, upon its execution, shall supersede and replace the Original Agreement (CRG Contract No. 10713) and the First Modification to that Agreement.
DocuSign Envelope ID: 0D473DE0-0EE1-4B90-9AF5-0AB5B751EC25 9/26/2023
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NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERMS AND CONDITIONS
1. Term. The initial term (“Initial Term”) of this Agreement shall commence on the Execution Date and shall run for a period of three (3) years, unless terminated earlier in accordance with Section 14 or extended as provided herein.
Notwithstanding, the City shall have at its sole discretion the option to extend the initial term of this Agreement for two additional one-year periods (each an “Option Term”), to be exercised, if at all, consecutively and prior to the expiration of the Initial Term or preceding Option Term. The City shall send CRG written notice of its intent to extend the term of the Agreement no less than 30 days prior to the expiration of the Initial Term or preceding Option Term.
2. CRG Services. CRG shall perform and provide to City all of the services (“Services”) described in Exhibit A (Scope of Services). CRG shall complete the Services in accordance with Exhibit B (Budget).
3. City Responsibilities. The City agrees to:
3.1 Make available to CRG any documents or information reasonably required for CRG’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 CRG and provide a response within a reasonably prompt amount of time.
4. Compensation. The City shall compensate CRG for the Services performed by it and provided to City in accordance with the commission and consulting fee schedules set forth in Exhibit B. The total amount of compensation paid to CRG under this Agreement shall at no time exceed $1,164,803.
5. Invoices. CRG shall invoice the City for the Services in accordance with Exhibit B and the City shall remit payment for any undisputed amount within 30 days of receipt of an invoice.
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:
Public Works/Airport
City of Santa Monica
DocuSign Envelope ID: 0D473DE0-0EE1-4B90-9AF5-0AB5B751EC25
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3223 Donald Douglas Loop South
Santa Monica, California 90401
Attention: Stelios Makrides
Re: Agreement No. 11419
with a copy to:
Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: Ivan Campbell, Deputy City Attorney
Re: Agreement No. 11419
6.2 All notices, demands, requests or approvals to CRG:
Craig Zund
Corporate Realty Group
3223-B Donald Douglas Loop South
Santa Monica, CA 90405
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 CRG or any of CRG’s agents, employees, or subconsultants, except as otherwise provided in this Agreement.
8. Integrated Agreement. 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 CRG, and approved as to form by the City Attorney.
9. Insurance. Prior to commencing work, CRG 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 CRG or CRG’s agents, representatives, employees or subconsultants for the duration of this Agreement. CRG must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C (Insurance Requirements and Verifications).
DocuSign Envelope ID: 0D473DE0-0EE1-4B90-9AF5-0AB5B751EC25
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10. Defense and Indemnification.
10.1 Indemnification. CRG agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees 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 CRG, or CRG’s employees, agents, officers, and subconsultants. CRG’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 CRG, its employees, agents or officers, or subconsultants; provided, however, that CRG’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 CRG’s obligation to defend City hereunder, City may conduct its own defense and seek reimbursement for reasonable costs of defense from CRG.
10.2 Enforcement Costs. CRG agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1.
11. Prohibition Against Transfers.
11.1 CRG may not assign 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 or transferee acquires no right or interest by reason of such attempted assignment or transfer.
11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CRG or of any general partner or joint venturer of CRG, if a partnership or joint venture exists, which results in changing the control of CRG, 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. CRG, 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: 0D473DE0-0EE1-4B90-9AF5-0AB5B751EC25
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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 CRG fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five (5) 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 CRG.
14.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten (10) days written notice of termination to CRG. If either party terminates the Agreement, and if CRG is not in default, the City shall pay CRG any earned and unpaid compensation through the effective date of termination. Notwithstanding, the City shall pay CRG a reasonable pro-ration of its standard commission for any lease negotiations that were active prior to the termination of the Agreement, and where following the termination of the Agreement the City and the party CRG had been negotiating with execute a lease agreement.
The reasonable pro-ration of the commission paid to CRG shall be based on the time CRG spent negotiating with the other party relative to the time from when the Agreement is terminated and the time it takes for the City to execute a lease with the other party. CRG shall be responsible for providing the City with reasonable documentation of the time it spent negotiating a lease in order to receive unpaid compensation under this Section.
15. Compliance with Law. CRG 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. CRG 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. CRG may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.
18. Records.
18.1 CRG must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. CRG must keep the records, DocuSign Envelope ID: 0D473DE0-0EE1-4B90-9AF5-0AB5B751EC25
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together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.
18.2 CRG must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. CRG must clearly identify all records and make them readily accessible to the City. At the City’s request, CRG must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.
18.3 CRG must allow the City to inspect all work, data, documents, and materials related to this Agreement. The City has the right to examine or audit CRG’s records, and CRG agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by CRG, CRG agrees to pay the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.
19. Work Product; Reports.
19.1 Any work product prepared or caused to be prepared by CRG or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by CRG or any subconsultant pursuant to this Agreement may be made available to any individual or organization by CRG without prior written approval by City.
19.2 At the City’s request, CRG must furnish reports concerning the status of the Services.
20. Standard of Care. CRG 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 CRG’s profession currently practicing in the same locality under similar conditions.
21. Subconsultants.
21.1 If CRG proposes to have any subconsultant perform any part of the Services, CRG must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant’s services. The City, in its sole discretion, may grant or deny the request.
21.2 CRG will be responsible for the quality of any subconsultant’s work. Every subcontract or agreement of any kind entered into between CRG and any DocuSign Envelope ID: 0D473DE0-0EE1-4B90-9AF5-0AB5B751EC25
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subconsultant (or between any subconsultant and others) must contain the following provision:
This agreement is consistent with all terms and conditions of the Agreement No. 11419 (CCS) entered into between the
City of Santa Monica and CRG
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 CRG 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 and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
25. Execution in Counterparts. This Agreement may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single agreement.
Any signature to this Agreement transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
26. 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
DocuSign Envelope ID: 0D473DE0-0EE1-4B90-9AF5-0AB5B751EC25 9/26/2023
5.E.c
Packet Pg. 112 Attachment: Contract 11419_CRG_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and - 8 -
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
David White
City Manager
CRG Corporation
#VENDOR
By:
________________________________
DocuSign Envelope ID: 0D473DE0-0EE1-4B90-9AF5-0AB5B751EC25 City Attorney
9/19/2023
DOUGLAS SLOAN
Principal
Craig Zund
CZ
9/19/2023
9/26/2023
David White
City Manager Denise Anderson-Warren
9/27/2023
City Clerk
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Packet Pg. 113 Attachment: Contract 11419_CRG_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and Exhibit A
Scope of Services
The scope of the services provided by Corporate Realty Group (CRG) to the City under this Agreement shall include, but not be limited to, the following:
CRG will assist City staff with commercial real estate broker and consulting services for vacancies, expansions, or renewals that might arise within the contract period.
City owned facilities relevant to this Agreement are located at the Santa Monica Airport. The goal of the parties is for the service provided to the City by CRG will optimize the marketing of available space at the Airport and will facilitate negotiations with prospective and current tenants in order to yield appropriate rental revenues for the City. Additionally, CRG will provide consulting services to staff during other lease negotiations that might arise during the term of the contract. This is a nonexclusive agreement.
Commercial real estate broker services include marketing commercial office space, restaurants, creative space, educational use space, and artist studios. CRG will market, advertise and show space to prospective tenants and assist City staff in negotiating single tenancy leased properties at Santa Monica Airport. Services include coordinating document collection and the execution of all attendant documents, project management expertise from the initial lease negotiation process through lease execution of new and renewal leases and for simple and complex transactions facilitating the completion of the leasing transactions. Leaseholds include both land and improved properties.
CRG will develop an understanding of the available inventory at the Airport, including a determination of what spaces are coming available as well as existing lease expiration dates, tenants, critical dates, milestones and other terms and conditions.
DocuSign Envelope ID: 0D473DE0-0EE1-4B90-9AF5-0AB5B751EC25
5.E.c
Packet Pg. 114 Attachment: Contract 11419_CRG_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and Additionally, at the City’s discretion CRG will provide the following consulting services at a cost to be negotiated by the parties but shall not exceed the fee schedule provided for in Exhibit B:
Determine comparable leasing rates and valuation using financial analytics to present competitive market rates;
Interpret market conditions and create a customized strategy/project plan (submitted to city approval) for the purposes of generating the most value/revenue from the Airport real estate assets;
Provide specific recommendations while achieving the City’s goals.
DocuSign Envelope ID: 0D473DE0-0EE1-4B90-9AF5-0AB5B751EC25
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Packet Pg. 115 Attachment: Contract 11419_CRG_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and Exhibit B
Budget
Compensation. The City shall compensate CRG for its performance of the professional services set forth in Exhibit A in an amount not to exceed $738,586 for the Initial Term of the Agreement. If the City exercises its option to extend the Agreement an additional year, then the compensation paid to CRG during the first Option Term shall not exceed $122,615. If the City chooses to further extend the Agreement, then the compensation paid to CRG during the second Option Term shall not exceed $303,602. The total amount of compensation paid to CRG under this Agreement shall at no time exceed $1,164,803.
Any commissions paid to CRG under this Agreement shall be based on the following terms:
CRG Commission Fee Schedule
Reimbursements Percentage or Flat Fee With Tenant’s Representative Outside Broker
New Term Leases Years 1-5: 3% of aggregate
lease value
Years 6-10: 1.5% of aggregate
lease value
Years 1-5: An additional 3% of
aggregate lease value
Years 6-10: An additional 2%
of aggregate lease value
New Month-toMonth Leases Equal to one month’s rent. An additional 6% or the value of 1 month’s rent, whichever is
greater.
Term Lease
Renewals
Years 1-5: 2% of aggregate
lease value Years 6-10: 1% of
aggregate lease value
Years 1-5: Additional 2%-4%
Years 6-10: Additional 1%-2%
DocuSign Envelope ID: 0D473DE0-0EE1-4B90-9AF5-0AB5B751EC25
5.E.c
Packet Pg. 116 Attachment: Contract 11419_CRG_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and Term Lease
Expansions
Years 1-5: 2% of aggregate
lease value
Years 6-10: 1% of aggregate
lease value
Years 1-5: An additional 2%-
4% of aggregate lease value.
Years 6-10: An additional 1%-
2% of aggregate lease value.
Consulting Service Fees
CRG shall provide to City five (5) hours of consulting services at no cost for projects that require no outside expertise. CRG shall provide the City with a proposal and scope of services for consulting projects that exceed five hours. CRG consulting fees shall be based on the following schedule:
CRG Hourly Consulting Fee Schedule
Personnel Hourly Rates Percentage of Scope of
Work
Craig Zund/Principal $225.00 Per Hour 90%
Associates $150.00 Per Hour 10%
Project Manager $125.00 Per Hour On Demand
DocuSign Envelope ID: 0D473DE0-0EE1-4B90-9AF5-0AB5B751EC25
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Packet Pg. 117 Attachment: Contract 11419_CRG_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and Exhibit C
Professional Services Agreement Insurance Requirements – Template 1 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. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).
4. 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.
DocuSign Envelope ID: 0D473DE0-0EE1-4B90-9AF5-0AB5B751EC25
5.E.c
Packet Pg. 118 Attachment: Contract 11419_CRG_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and 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).
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.
DocuSign Envelope ID: 0D473DE0-0EE1-4B90-9AF5-0AB5B751EC25
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Packet Pg. 119 Attachment: Contract 11419_CRG_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and
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.
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.
DocuSign Envelope ID: 0D473DE0-0EE1-4B90-9AF5-0AB5B751EC25
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Packet Pg. 120 Attachment: Contract 11419_CRG_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and 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: 0D473DE0-0EE1-4B90-9AF5-0AB5B751EC25
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Packet Pg. 121 Attachment: Contract 11419_CRG_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and 1 FIRST MODIFICATION OF AGREEMENT NO. 11419(CCS)
This First Modification of Agreement Number 11419 (CCS) (“First Modification”), entered into as of _________________ (“Execution Date”), by and between the CITY OF SANTA MONICA (“City”), a California municipal corporation, and CORPORATE REALTY GROUP (“CRG”) is made with reference to the following:
RECITALS
A. On September 20, 2018, the City and CRG entered into a professional services agreement (agreement No. 10713) for commercial real estate brokerage and consulting services. Contract No. 10713 had an authorized total paid compensation amount of $1,145,039, including contingency. That amount would later be adjusted by the parties by an amendment to the agreement for a new total compensation amount of $1,148,322.
B. To comply with City’s procurement rules the City put out to bid the professional services that it was receiving from CRG. On March 10, 2023, the City issued an RFP for the selection of a vendor to provide real estate brokerage and consulting services for real property at the Airport.
C. On September 27, 2023, the City awarded RFP #349 to CRG and entered into Professional Services Agreement No. 11419 for commercial real estate brokerage and consulting services. The execution of new agreement No. 11419 superseded and replaced the agreement No.10713 and the subsequent modification to that agreement. The balance of unused funds authorized under agreement No. 10713 ($467,214) were included in agreement No. 11419. For the purposes of this First Modification, agreement No. 11419 shall be referred to herein as the “Original Agreement.”
D. On or about December 26, 2023, the City entered into a lease extension with its tenant at the Airport, Snap, Inc. Because CRG provided the City with real estate brokerage services for the City’s lease with Snap, Inc., and because the commission due to CRG would exceed the maximum compensation provided under the Original Agreement, the City and CRG seek to modify the Original Agreement allow for compensation to be paid to CRG for its work on the Snap lease. On December 19, 2023, the City Council authorized this First Modification to the Original Agreement to increase the compensation paid to CRG by $2,259,094, for a new total compensation amount of $3,423,897.
DocuSign Envelope ID: AE723961-BFD8-4644-BF01-8BE53E04696C 1/22/2024
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Packet Pg. 122 Attachment: Contract 11419_CRG_1st Modification (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and 2 TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Section 4 of the Original Agreement entitled “Compensation” shall be deleted and replaced in its entirety with the following paragraph:
4. Compensation. The City shall compensate CRG for the Services performed by it and provided to City in accordance with the commission and consulting fee schedules set forth in Exhibit B-1. The total compensation paid to CRG under this Agreement shall at no time exceed $3,423,897.
2. Exhibit B of the Original Agreement, entitled “Budget”, shall be replaced and superseded by Exhibit B-1, a copy of which is attached to this First Modification and incorporated into the Original Agreement.
3. This First Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single agreement. Any signature to this First Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By:
______________________________
RICK COLE
City Manager
NDOR
By:
_______________________________
DocuSign Envelope ID: AE723961-BFD8-4644-BF01-8BE53E04696C City Attorney
DOUGLAS SLOAN
1/19/2024
Craig Zund
CZ
1/22/2024
City Manager
1/22/2024
David White
Nikima Newsome
1/25/2024
Interim City Clerk
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Packet Pg. 123 Attachment: Contract 11419_CRG_1st Modification (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and 3 Exhibit B-1
Budget
Compensation
This Agreement was awarded to Corporate Realty Group (“CRG”) for $2,997,680 for the Initial Term (years one through three) of the Agreement. The first Option Term of this Agreement (year four), if exercised by the City, shall be for $122,615. The second Option Term of this Agreement (year five), if exercised by the City, shall be for $303,602. All commissions paid to CRG under this Agreement shall be in accordance with the below Commission Fee Schedule and Hourly Rate Fee Schedule. The total compensation paid to CRG under this Agreement shall at no time exceed $3,423,897.
CRG Commission Fee Schedule
Reimbursements Percentage or Flat Fee With Tenant’s Representative Outside Broker
New Term Leases Years 1-5: 3% of aggregate lease
value
Years 6-10: 1.5% of aggregate
lease value
Years 1-5: An additional 3% of
aggregate lease value
Years 6-10: An additional 2% of
aggregate lease value
New Month-toMonth LeasesEqual to one month’s rent. An additional 6% or the value of 1 month’s rent, whichever is
greater.
Term Lease RenewalsYears 1-5: 2% of aggregate lease
value Years 6-10: 1% of aggregate lease value
Years 1-5: Additional 2%-4%
Years 6-10: Additional 1%-2%
Term Lease ExpansionsYears 1-5: 2% of aggregate lease
value
Years 6-10: 1% of aggregate
lease value
Years 1-5: An additional 2%-4%
of aggregate lease value.
Years 6-10: An additional 1%-2%
of aggregate lease value.
Consulting Service Fees
CRG shall provide to City five (5) hours of consulting services at no cost for projects that require no outside expertise. CRG shall provide the City with a proposal and scope of services for consulting projects that exceed five hours. CRG consulting fees shall be based on the following schedule:
DocuSign Envelope ID: AE723961-BFD8-4644-BF01-8BE53E04696C
5.E.d
Packet Pg. 124 Attachment: Contract 11419_CRG_1st Modification (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and 4 CRG Hourly Consulting Fee Schedule
Personnel Hourly Rates Percentage of Scope of
Work
Craig Zund/Principal $225.00 Per Hour 90%
Associates $150.00 Per Hour 10%
Project Manager $125.00 Per Hour On Demand
DocuSign Envelope ID: AE723961-BFD8-4644-BF01-8BE53E04696C
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Packet Pg. 125 Attachment: Contract 11419_CRG_1st Modification (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and 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. 126 Attachment: CRG - Levine Act Initiative (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and Swinerton) 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.
11/6/24
Craig Zund CEO
Corporate Realty Group, Inc.
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Packet Pg. 127 Attachment: CRG - Levine Act Initiative (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and Swinerton) 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. 128 Attachment: CRG - Levine Act Initiative (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and Swinerton)
• 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
5.E.e
Packet Pg. 129 Attachment: CRG - Levine Act Initiative (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and Swinerton)
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. 130 Attachment: CRG - Levine Act Initiative (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and Swinerton)
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. 131 Attachment: CRG - Oaks Initiative (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and Swinerton)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY:
Bid/PO/Contract # ____________________________ Permit # ___________________________
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Packet Pg. 132 Attachment: CRG - Oaks Initiative (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and Swinerton) 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. 133 Attachment: NEON - Levine Act Initiative (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and Swinerton) 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. 134 Attachment: NEON - Levine Act Initiative (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and Swinerton) 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.E.g
Packet Pg. 135 Attachment: NEON - Levine Act Initiative (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and Swinerton)
• 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
5.E.g
Packet Pg. 136 Attachment: NEON - Levine Act Initiative (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and Swinerton)
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. 137 Attachment: NEON - Levine Act Initiative (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and Swinerton) Please attach additional pages if more space is required.
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.
5.E.h
Packet Pg. 138 Attachment: NEON - Oaks Initiative (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and Swinerton) Please attach additional pages if more space is required.
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: ____________________
5.E.h
Packet Pg. 139 Attachment: NEON - Oaks Initiative (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and Swinerton)
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5.E.i
Packet Pg. 140 Attachment: Contract 11365_Swinerton_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and
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5.E.i
Packet Pg. 141 Attachment: Contract 11365_Swinerton_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and
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5.E.i
Packet Pg. 142 Attachment: Contract 11365_Swinerton_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and
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5.E.i
Packet Pg. 143 Attachment: Contract 11365_Swinerton_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and
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5.E.i
Packet Pg. 144 Attachment: Contract 11365_Swinerton_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and
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5.E.i
Packet Pg. 145 Attachment: Contract 11365_Swinerton_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and
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5.E.i
Packet Pg. 146 Attachment: Contract 11365_Swinerton_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and
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5.E.i
Packet Pg. 147 Attachment: Contract 11365_Swinerton_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and
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5.E.i
Packet Pg. 148 Attachment: Contract 11365_Swinerton_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and
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5.E.i
Packet Pg. 149 Attachment: Contract 11365_Swinerton_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and
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5.E.i
Packet Pg. 150 Attachment: Contract 11365_Swinerton_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and
!
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5.E.i
Packet Pg. 151 Attachment: Contract 11365_Swinerton_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and
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5.E.i
Packet Pg. 152 Attachment: Contract 11365_Swinerton_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and
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5.E.i
Packet Pg. 153 Attachment: Contract 11365_Swinerton_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and
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5.E.i
Packet Pg. 155 Attachment: Contract 11365_Swinerton_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and
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Packet Pg. 156 Attachment: Contract 11365_Swinerton_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and
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Packet Pg. 157 Attachment: Contract 11365_Swinerton_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and
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Packet Pg. 158 Attachment: Contract 11365_Swinerton_Original Agreement (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and
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Packet Pg. 161 Attachment: Contract 11365_Swinerton_Change_Order_01 (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and ZĞƋƵĞƐƚĂƚĞ͗
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Packet Pg. 162 Attachment: Contract 11365_Swinerton_Change_Order_01 (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and
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.
5.E.k
Packet Pg. 163 Attachment: Swinerton - Oaks Initiative (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and Swinerton)
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 # ___________________________ Daniel Camin Vice President, Division Manager
11/08/2024
[email protected] 213.248.9403
Swinerton Builders, a California Corporation
See attached list of officers
None
5.E.k
Packet Pg. 164 Attachment: Swinerton - Oaks Initiative (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and Swinerton)
NAME POSITION YEARS WITH
COMPANY
David C. Callis CEO, President 23
Ray A. Haj Exec. Vice President/COO 23
Donald D. Adair Exec. Vice President 36
Scott V. Conrad Exec. Vice President 13
Frank Foellmer Exec. Vice President 30
Lauren T. Nunnally Sr. Vice President/CAO 10
Bradley K. Peterson Exec. Vice President/CFO 24
Jason R. Chupp Sr. Vice President 12
Timothy J. Kretzschmar Sr. Vice President 10
Terry M. McKellips Sr. Vice President 24
SheriAnn Murphy Sr. Vice President/Secretary 18
Lia Tatevosian Sr. Vice President 28
Michael M. Berryhill Vice President 9
Daniel J. Camin Vice President 13
Ciaran A. Creighton Vice President 8
Keith A. Dancey Vice President 21
Christopher A. Evans Vice President 16
Jeffrey S. Gee Vice President 22
Jeffrey F. Good Vice President 16
D. Scott Grubb Vice President 38
Lori D. Guion Vice President 26
Paul A. Hinz Vice President 24
Robert "Bobby" Jennings Vice President 14
Jennifer L. Lauritzen Vice President 19
Brian J. McCarthy Vice President 14
Gerald E. Mejia Vice President 23
Derek D. Mosiman Vice President 14
Andrew D. Pearl Vice President 17
Brenda A. Reimche Vice President 31
Pedro "Pete" Ruiz Vice President 22
Alison T. Satt Vice President 8
Kevin M. Smith Vice President 14
John S. Spight Vice President 12
Aaron M. Townsend Vice President 12
Nicholas M. Vovakes Vice President 13
Myrna E. Wagner Vice President 25
James T. Watson Vice President 9
Tyler Whittaker Vice President 6
Aaron J. Yamasaki Vice President 12
Jay G. Yarbrough Vice President 7
Darlene S. Cho Asst. Secretary 21
Mary Kay Monville Asst. Secretary 2
Deborah A. Pinson Asst. Secretary 18
Lisa M. Telles Asst. Secretary 20
Swinerton Builders is a wholly-owned
subsidiary of Swinerton Incorporated.
Swinerton Incorporated is 100%
employee-owned. Approximately 50% is
held by the Swinerton 401(k) & Savings
Plan, and the balance is split among 900
plus employees of the various Swinerton
Incorporated family of companies.
No single individual employee owns
4% or more of the stock of Swinerton
Incorporated.
OFFICER’S LIST
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Packet Pg. 165 Attachment: Swinerton - Oaks Initiative (6667 : Approval of Lease with NEON and Associated Contract Mods with CRG and Swinerton) City Council
Report
City Council Meeting: December 17, 2024
Agenda Item: 5.F
1 of 7
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Award Bids and Master Service Agreements for Construction Services Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemptions pursuant to Section 15301 and Section 15302 of the California Environmental Quality Act (CEQA) Guidelines;
2. Award Bid #SP2524-2024 to fifteen California-based general contractors as follows; CSI Electrical Contractors Inc, DECOMA Industries, Estate Design and Construction, Global Builders Inc, Jilk Heavy Construction, Metro Builders & Engineers, Olympos Construction, Inc., Omega Construction Company, Palp Inc. dba Excel Paving Company, RAMCO General Engineering, Sully Miller Contracting, Swinerton, Tiger Construction, Waisman Construction, W.A Rasic Construction; to provide as-needed construction, maintenance, or repair services on various projects for the Public Works Department; and
3. Authorize the City Manager to negotiate and execute as-needed services agreement(s) with fifteen general contractors as follows; CSI Electrical Contractors Inc, DECOMA Industries, Estate Design and Construction, Global Builders Inc, Jilk Heavy Construction, Metro Builders & Engineers, Olympos Construction, Inc., Omega Construction Company, Palp Inc. dba Excel Paving Company, RAMCO General Engineering, Sully Miller Contracting, Swinerton, Tiger Construction, Waisman Construction, W.A Rasic Construction; in an amount not to exceed $5,000,000 for each agreement, over a five-year period, subject to Council budget approval projects and project funding.
Executive Summary
The City of Santa Monica is committed to timely delivery of high-quality projects at the most competitive prices, reflecting its long-standing approach to public construction contracting, and utilizing alternative contracting/procurement methods such as master services agreements as part of the City’s Procurement System. This alternative
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contracting procurement method is stipulated in Santa Monica Municipal Code Section
2.24.150(b)(4) (Purchasing System, Public Works Contracts) and allows the City Council to award master services agreements (MSA) to prequalified contractors for construction, maintenance, or repair services in amounts not to exceed $5.0 million each over a five-year period. Each construction, maintenance, or repair service project would be authorized under an MSA with a task order – a written instrument, governed by the executed MSA which describes a specific time frame, budget, and construction work scope for Contractor to execute - each not to exceed $1.47 million. Since the City Council's initial approval in October 2018, a total of sixteen MSAs have been executed. All sixteen contracts are set to expire by February 2025.
Staff recommends awarding fifteen new MSAs to the pre-qualified contractors listed in Table A, below, in amounts not to exceed $5.0 million each, over a five-year period for various citywide planned and future construction, maintenance, or repair services projects. The recommended agreements would only be utilized, on an as-needed basis, if funding is available and approved by Council, as reflected in the Adopted Operating and Capital Program Budget. These citywide projects are funded by various sources, including grants, local return funds, City enterprise funds, such as Water and Wastewater, Beach, Pier, BBB, as well as General Fund when funding is available. In addition, Public Works staff is required to provide the City Council with an annual report on the implementation of MSAs and the task orders issued.
Discussion
MSAs, also referred to as as-needed services agreements, are an alternative contracting/ procurement method as part of City’s Procurement System and as described in Santa Monica Municipal Code Sections 2.24.150(b)(4) and
2.24.220(g) enable the City to complete administrative procedures for procurement and contracting ahead of time and subsequently allow for timely delivery of capital and maintenance projects as service needs occur. The proposed MSAs would enable the Public Works Department to expedite the commencement of work by an estimated 20- 27 weeks for various capital and maintenance projects that are already approved in the City Budget. This is achieved by conducting most of the administrative work in the
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procurement process upfront, including vendor evaluation, prequalification, authorization, and contract execution. This mechanism would accelerate the commencement of small, relatively simple Public Works projects, decrease the risk of potential cost escalations, and reduce the amount of staff time spent on procurement for each individual project. The City of Santa Monica has successfully utilized MSAs over the past five-years, which were awarded by Council in 2018 and 2019. Other municipalities such as the cities of San Francisco, Los Angeles, and Anaheim have similar forms of as-needed contracting ordinances in place to improve and expedite project delivery. Contractors are not guaranteed work, and all funding is contingent on approval by Council within each fiscal year’s adopted budget.
After the City Council's initial approval in October 2018, a total of fifty-nine task orders for $17 million, collectively, were issued from sixteen existing MSAs utilizing Council approved City Budget. Public Works staff were able to successfully execute and complete 59 projects such as Belmar Art and Signage, emergency bluff removal, window replacement at Fairview Library, and the reconfiguring of a small interior space at Fire Station #7. All sixteen contracts are set to expire by February 2025. Staff conducted a process to pre-qualify contractors to provide general construction services for various Public Works projects for work such as: interior remodels/tenant improvements, exterior building renovations, parks/playgrounds/site work, general engineering, and pier work. Staff recommends awarding fifteen new MSAs to the prequalified contractors listed in Table A, below, for various construction, maintenance, or repair services for the Public Works Department. The recommended agreements are funded by various sources, including grants, local return funds, City enterprise funds, such as Water and Wastewater, Beach, Pier, BBB, as well as General Fund when funding is available. In addition, Public Works staff is required to provide the City Council with an annual report on the implementation of MSAs and the task orders issued.
Threshold Increase
In 2018, the thresholds for MSAs and task orders were established at $5.0 million and
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$1 million, respectively, as described in the Santa Monica Municipal Code
2.24.220(g)(5), which allows the thresholds to increase based on the difference between the July 2018 and the current Construction Cost Index (CCI) published by the California Department of General Services. The CCI increased from 6643 in July 2018 to 9785 in October 2024, indicating a 47.28% increase. At this time, staff recommends that the threshold for the task orders be increased from $1 million to $1.47 million for the next five years, but maintain a $5.0 million authorization for each MSA. If necessary, staff will return to Council to request that the threshold for any MSA be increased per municipal code if it is anticipated that the current requested $5 million authority for any of the agreements will be exceeded prior to the end of the five years.
Vendor Selection
Table A - Pre-qualified Contractor List
(As-Needed Services Agreement Request)
CSI Electrical Contractors Inc Palp Inc. dba Excel Paving Company DECOMA Industries RAMCO General Engineering
Estate Design and Construction Sully Miller Contracting Global Builders Inc Swinerton
Jilk Heavy Construction Tiger Construction
Metro Builders & Engineers Waisman Construction
Olympos Construction, Inc. W.A Rasic Construction
Omega Construction Company
Selection Criteria
Evaluation
Criteria
Previous experience/technical competence, responses to a questionnaire, references, resumes of relevant staff, and Department of Industrial Relations project experience (labor compliance).
Municipal Code SMMC 2.24.190
RFQual Data
Date
Posted Posted On
Advertised In
(City Charter
& SMMC)
Firms
Downloaded
Submittals
Received
Date
Publicly
Opened
08/22/2024 City's Online
Bidding Site
Santa Monica
Daily Press 93 15 09/19/2024
Justification to Short-List
A panel of staff from the Engineering and Street Services and Architecture Services
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divisions of the Public Works Department rated all fifteen firms’ statements of qualifications for general construction services. Staff deemed all statements acceptable and placed them on a pre-qualified list. Staff recommends awarding an ASA to each of these fifteen pre-qualified vendors. Staff would solicit bids from all pre-qualified contractors prior to commencing work valued at more than $25,000.
Environmental Review
The ASAs are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 - Existing Facilities) and Section 15302 (Class 2 – Replacement/Reconstruction). 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 projects, consisting of the replacement/reconstruction of existing facilities. The ASAs for the general contractor services would allow for various construction, maintenance, or repair services for the Public Works Department. The ASAs would not expand or materially change existing facilities or operations. Therefore, the award agreements are categorically exempt as set forth in Section 15301 and Section 15302 of the CEQA State Guidelines.
Past Council Actions
10/10/2023 (Attachment GG) Introduction and first reading of Ordinance Amending Santa Monica Municipal Code Section 2.24.110 and
2.24.220(g) (Master Services Agreements).
08/27/2019 (Attachment FF) Award bids to nine California-based general contractors to provide as-needed general construction services.
09/11/2018 (Attachment EE) Award bids to eight general contractors to provide asneeded general construction services.
Financial Impacts and Budget Actions
Staff seeks authority to award as-needed services agreements as an alternative contracting/procurement method and to approve available funding from various existing funds in the Council-approved City Budget to award as-needed services agreements with each of the fifteen pre-qualified general contractors listed in Table A above.
Awarding the recommended agreements does not negatively impact any previously
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unfunded or future projects, as the agreements would only be utilized for funded City projects, as reflected in the adopted operating and capital improvement program budgets. Each agreement amount is not to exceed $5,000,000 and covers a five-year period. Expenditures would be incurred upon the issuance of a task order by the Public Works Director.
Future year funding is contingent on Council budget approval.
Prepared By: Selim Eren, Principal Civil Engineer
Approved Forwarded to Council
Attachments:
A. CSI - Oaks
B. CSI - LevineAct
C. Estate Design - LevineAct
D. Global - LevineAct
E. JILK - Oaks
F. JILK - LevineAct
G. Metro - Oaks
H. Metro - LevineAct
I. Olympos - Oaks
J. Olympos - LevineAct
K. Omega-Oaks
L. Omega - LevineAct
M. PALP - Oaks
N. PALP - LevineAct
O. RAMCO - Oaks
P. RAMCO - LevineAct
Q. Sully Miller - Oaks
R. Sully Miller - LevineAct
S. Swinerton-Oaks
T. Swinerton - LevineAct
U. Tiger - Oaks
V. Tiger - LevineAct
5.F
Packet Pg. 171
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W. W.A. Rasic - Oaks
X. W.A. Rasic - LevineAct
Y. Waisman - Oaks
Z. Waisman - LevineAct
AA. 9.11.18 Council Report
BB. 8.27.19 Council Report
CC. 10.10.2023 Council Report
DD. Decoma-Oaks
EE. Decoma-LevineActDisclosure
FF.EstateDesignConstruction-Oaks
GG. Global-Oaks
5.F
Packet Pg. 172
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.
5.F.a
Packet Pg. 173 Attachment: CSI - Oaks (6669 : Award Bid and Enter Into Master Services Agreement For General Contractor Services)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more 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 # ___________________________ CSI Electrical Contractors, Inc.
Paul Pica, President and COO
N/A
Lourdes Franco Prequalification Manager
11/12/2024
[email protected] 562-946-0700
5.F.a
Packet Pg. 174 Attachment: CSI - Oaks (6669 : Award Bid and Enter Into Master Services Agreement For General Contractor Services)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more 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:
ABC Corporation
Name(s) of trustees, directors, partners, and officers:
Name(s) of trustees, directors, partners, and officers of the ABC Corporation Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Name(s) of persons with more than a 10% equity, participation, or revenue interest in ABC Corporation
Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY:
Bid/PO/Contract # ____________________________ Permit # ___________________________ (Usually the company, corporation, organization or person who will be entering into contract with the City)
5.F.a
Packet Pg. 175 Attachment: CSI - Oaks (6669 : Award Bid and Enter Into Master Services Agreement For General Contractor Services)
5.F.b
Packet Pg. 176 Attachment: CSI - LevineAct (6669 : Award Bid and Enter Into Master Services Agreement For General Contractor Services)
5.F.b
Packet Pg. 177 Attachment: CSI - LevineAct (6669 : Award Bid and Enter Into Master Services Agreement For General Contractor Services) 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.F.c
Packet Pg. 178 Attachment: Estate Design - LevineAct (6669 : Award Bid and Enter Into Master Services Agreement For General Contractor Services) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
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.F.c
Packet Pg. 179 Attachment: Estate Design - LevineAct (6669 : Award Bid and Enter Into Master Services Agreement For General Contractor Services) 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.F.c
Packet Pg. 180 Attachment: Estate Design - LevineAct (6669 : Award Bid and Enter Into Master Services Agreement For General Contractor Services)