Agenda packet — Santa Monica City Council, April 22, 2025 (part 1 of 3)

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

ELAINE POLACHEK

INTERIM 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: 4/23/2025 10:09 AM Page 2

RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11649(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]. For written public comment submitted by 12:00 pm on the day of the meeting, best efforts shall be made to have them available online for viewing. Please note the agenda item number in the subject line of your written comments.
(2) Oral public comment.
- In-person: 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. Except on Public Input, speakers may donate 2 minutes to another person who may speak for a total of 4 minutes on that item. Both the donor of time and the designated speaker must register and appear at the podium together. - Telephone (Pilot Program): Persons wishing to address the Council by telephone must register at santamonica.gov/public-comment no later than 5:00 p.m. the day before a meeting. Donation of time and showing electronic presentation materials are not permitted when commenting by telephone.

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. Except for the author of the request, public comment on 15-items are limited to 1 minute.

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 $500 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. Special Agenda Items (Commendations and
Proclamations presented).

3. Public Comment for Special Agenda Items, Consent
Calendar and Closed Sessions Only.

4. 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).

5. Closed Sessions.

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: 4/23/2025 10:09 AM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, APRIL 22, 2025
MEETING BEGINS AT 5:30 PM
NEW PILOT PROGRAM: HOW TO PROVIDE PUBLIC COMMENT BY TELEPHONE Persons wishing to address the City Council by telephone must register at santamonica.gov/public-comment no later than 5:00 p.m. the day before a meeting.

Donation of time and showing electronic presentation materials are not permitted when commenting by telephone.

CALL TO ORDER

PLEDGE OF ALLEGIANCE / LAND ACKNOWLEDGEMENT

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.

LEVINE ACT DISCLOSURES AND ANNOUNCEMENTS / PROCEDURAL

MOTIONS
City of Santa Monica Generated: 4/23/2025 10:09 AM Page 4

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. SPECIAL AGENDA ITEMS

2.A. 2025 City Clerk Week Proclamation

2.B. Proclamation: Asian American Pacific Islander Heritage Month

2.C. Proclamation: National Water Safety Month

3. PUBLIC INPUT (ITEMS UNDER SPECIAL AGENDA ITEMS, CONSENT

CALENDAR, CLOSED SESSION ONLY)

4. 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.)

4.A. Authorize Fourth Modification of Agreement with Southern California Disposal Company for Collection Materials Transfer Services
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 and 15308 of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the City Manager to negotiate and execute a fourth modification to agreement #9011 in the amount of $4,178,757 (including a 20% contingency) with Southern California Disposal Company for solid waste transferring services for the Public Works Department. This will result in the same 15-year term agreement with a new total amount not to exceed $41,438,757, with future year funding contingent on Council budget approval.

4.B. Award Purchase Order for Xylem Flygt Pumps for the Moss Avenue Pump Station
Recommended Action
Staff recommends that City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the Procurement Manager to issue a purchase order with Xylem Water Solutions USA, Inc. for the purchase of two (2) Flygt pumps for the City of Santa Monica Generated: 4/23/2025 10:09 AM Page 5 Public Works Department. 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 $350,000.

4.C. Award Bid to Carbon Activated Corporation to Provide Granular Activated Carbon (GAC) Media for the Water Resources Division
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;

2. Award Bid #4497 to Carbon Activated Corporation to provide Granular Activated Carbon (GAC) media along with haul-away and reactivation services for spent media for the Public Works Department; and

3. Authorize the City Manager to negotiate and execute an agreement with Carbon Activated Corporation in an amount not to exceed $3,000,000 over a five-year period, with future year funding contingent on Council budget approval.

4.D. Award Bid and Purchase Orders to JCI Jones Chemicals Inc. and Univar Solutions USA for the Purchase of Sodium Bisulfite
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;

2. Award Bid #4496 to JCI Jones Chemicals Inc as the primary vendor for the purchase of Sodium Bisulfite for the Charnock Well Field Water Treatment Plant (Charnock) and Univar Solutions USA as the secondary vendor for the purchase of Sodium Bisulfite for Charnock;

3. Authorize the Procurement Manager to issue a purchase order with JCI Jones Chemicals Inc for the purchase of Sodium Bisulfite in an amount not to exceed $60,000 for one year, with four additional one-year renewal options at the same price, terms, and conditions, for a total not to exceed $300,000 over five years with future year funding contingent on Council budget approval; and

4. Authorize the Procurement Manager to issue a purchase order with Univar Solutions USA for the purchase of Sodium Bisulfite in an amount not to exceed $30,000 for one year, with four additional one-year renewal options to extend at an increase of 10%, for a total amount not to exceed $200,000 over five years with future year funding contingent on Council budget approval.

4.E. Approval of Agreement with Trapeze Software Group for Asset Management System Maintenance
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant environmental effects pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines
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2. Authorize the City Manager to negotiate and execute an agreement with Trapeze Software Group for software services for the Department of Transportation. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (b) and is for a total amount not to exceed $776,968 with future year funding contingent on Council budget approval.

4.F. Adoption of a Resolution Approving Final Parcel Map No. 84472 for the Subdivision of 2122 Navy Street
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Statutory Exemption (Approval of Final Subdivision Map) pursuant to Section 15268(b)(3) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Adopt the attached resolution approving Final Parcel Map No. 84472.

4.G. Adoption of a Resolution Amending the City’s Conflict of Interest Code to Add Three City Commissions as Designated Positions Required to File Statements of Economic Interest
Recommended Action
Staff recommends the Council:

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

2. Adopt the Resolution amending the City’s Conflict of Interest Code.

4.H. Second Reading and Adoption of An Ordinance Amending the Text of The Santa Monica Municipal Code by Amending Chapter 13.06, Abatement of Nuisances, to Add New Classes of Violations Which May Be Deemed Public Nuisances, and Amend Chapter 1.09. Administrative Citations, Adding a New Definition of Responsible Party, Making Clear the Requirements for Certain Steps to be Taken to Align With Government Code 53069.4, Defining Required Service Procedures for Administrative Citations, and Providing New Incentives for Violators to Bring Correctable Violations Into Compliance Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

4.I. Award Bid SP2699 and Construction Contract to Excel Paving Company and RFP SP2699-CM and Construction Management Contract to Transtech Engineers, Inc. for the FY 2024-25 Annual Paving Project Recommended Action
Staff recommends that the City Council:

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

2. Award Bid #SP2699 to PALP Inc. dba Excel Paving Company for the FY 2024-25 Annual Paving Project for the Public Works Department; City of Santa Monica Generated: 4/23/2025 10:09 AM Page 7

3. Authorize the City Manager to negotiate and execute a contract with PALP Inc., dba Excel Paving Company, in an amount not to exceed $10,289,865 (including a $1,342,155 contingency);

4. Award Request for Proposals (RFP) #SP2699-CM to Transtech Engineers, Inc. to provide construction management and observation services for the FY 2024-25 Annual Paving Project for the Public Works Department; and

5. Authorize the City Manager to negotiate and execute a contract with Transtech Engineers, Inc. in an amount not to exceed $463,750.

4.J. Introduction and First Reading of an Ordinance Adding Municipal Code Section 2.32.300 Requiring Residency for DTSM, Pier Corp, and SMTT Recommended Action
Staff recommends that the City Council:

1. Introduce for first reading an ordinance adding Section 2.32.300 to the SMMC requiring resident representation for Council appointees to non-profits; 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.

4.K. Adoption of Resolution Ratifying Homelessness Emergency Proclamation - New Item Received. 4/17/2025
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 proposed resolution ratifying the 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness.

4.L. Adoption of Resolution Ratifying Regional Fires Emergency Proclamation and Supplements - New Item Received. 4/17/2025
Recommended Action
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). 15268 (Ministerial Projects), and 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Adopt the proposed resolution ratifying the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the City of Santa Monica and the Supplements to that Order.

4.M. Approval of City Council Minutes - New Item Received. 4/17/2025 Recommended Action
Staff recommends that the City Council approve the minutes for the following:

1. March 25, 2025, City Council meeting; and
City of Santa Monica Generated: 4/23/2025 10:09 AM Page 8

2. April 8, 2025, City Council meeting.

5. CLOSED SESSIONS

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

Jane Doe 1, et al. v. City, et al; LASC # 24STCV06207 - New Item Received. 4/17/2025

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

Murcia v. City, et al.; USDC # 22-cv-05253-FLA-MAR - New Item Received. 4/17/2025

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

Victoria Lobanov v. City; LASC # 22SMCV02779 [report out only] - New Item Received. 4/17/2025

5.D. Public employee appointment - Gov. Code § 54957(b): consider public employee appointment; title: City Manager; Gov. Code § 54957.6: conference with labor negotiator; City negotiator: Mayor/Personnel Director; unrepresented employee: City Manager - New Item Received. 4/17/2025

5.E. Conference with labor negotiator – Gov. Code § 54957.6: agency designated representatives: Interim City Manager Elaine Polachek, Human Resources Director Dana Brown, and Human Resources Manager Sarah Rebensdorf; bargaining units: Administrative Team Associates (ATA), AFSCME Local 4819- Management Team Association (MTA), California Teamsters Local 911 (IBT), Municipal Employees Association (MEA), Public Attorney’s Legal Support Staff Union (PALSSU), Public Attorney’s Union (PAU), Santa Monica Fire Executive Management Association (FEMA), Santa Monica Firefighters Local 1109 (LOCAL 1109), Police Officers Association (POA), Supervisory Team Association (STA) and SMART TD - International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division, Local 1785 (SMART TD) - New Item Received. 4/17/2025
The following is the order of business for items to be heard no earlier than 7:00 p.m.

CITY MANAGER REPORT

TRAVEL ANNOUNCEMENT AND MAYOR'S HIGHLIGHT

6. PUBLIC INPUT ON REMAINING AGENDA ITEMS

7. STUDY SESSION
No items
City of Santa Monica Generated: 4/23/2025 10:09 AM Page 9

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 Adoption of an Emergency Ordinance Adding Chapter 6.43 and Amending Section 4.08.200 Relating to the Third Street Promenade Entertainment Zone Pilot Program
Recommended Action
Staff recommends that the City Council:

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

2. Introduce and Adopt an Emergency Ordinance Adding Chapter 6.43 and Amending Section 4.08.200 to the Santa Monica Municipal Code Relating to the Entertainment Zone Pilot Program to Promote Economic Recovery.

11. STAFF ADMINISTRATIVE ITEMS
No items

12. PUBLIC HEARINGS
No items

13. REPORTS OF BOARDS AND COMMISSIONS
No items

14. RESOLUTIONS
No items

15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
No items

16. COUNCILMEMBER DISCUSSION ITEMS
City of Santa Monica Generated: 4/23/2025 10:09 AM Page 10

16.A. Appointments to five seats on the Transit Security Advisory Committee for terms ending June 30, 2027. - New Item Received. 4/17/2025

16.B. Request of Councilmember Raskin that the City Council consider City sponsorship of The Janes Mile, a community running event celebrating women's fitness, scheduled for Sunday, May 11, 2025, in Santa Monica, by waiving up to $5,000 in event-related City fees. With over 300 participants expected, the event will promote health, support local businesses, and benefit wildfire recovery efforts. - New Item Received. 4/17/2025

16.C. Request of Mayor Negrete that the City Council approve City sponsorship of Pali Strong – Healing, Hope, and Community by the Sea taking place on May 6, 2025 on the Santa Monica Pier by directing the City Manager to waive the City’s portion of fees for use of the Pier. Related city fees include application, administrative, neighborhood notification, business license, fire, parking, and zero waste plan fees associated with the use of the Pier in an amount up to $16,000 in waived fees. - New Item Received. 4/17/2025

16.D. Request of Councilmember Zernitskaya and Councilmember Zwick that the City Council take a “Support if Amended” position on AB 306 (Shultz) which would impose a six-year moratorium, from June 1, 2025, to June 1, 2031, on the adoption or modification of state and local building standards affecting residential units, with limited exceptions. As noted in the letter from the City of West Hollywood (attached), the City of Santa Monica would request that the bill be amended such that only new residential units would be impacted by the bill. Additionally, the City would request an amendment to clarify that cities and counties may relax local building code standards such that they revert to the state standard, and that state and local governments can adopt the state 2025 code and allow work to begin on the 2031 state building codes before June 1, 2031 in order to proceed with the normal code adoption process for the 2031 code. The City Council directs the City Manager to prepare and send a letter expressing the City’s Support if Amended position that articulates Council’s amendment request and sends the letter to the bill author, Senator Allen and Assemblymember Zbur. - New Item Received. 4/17/2025

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 $500 to an officer of the City within the preceding 12 months.

City of Santa Monica Generated: 4/23/2025 10:09 AM Page 11 City Hall and the Council Chambers are wheelchair accessible. If you require any special disability related accommodations to either attend or provide public testimony at a Council meeting (i.e. sign language interpreting, access to an amplified sound system, remote option, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917- 6626 or via email at [email protected] at least 72 hours prior to the scheduled meeting. Best efforts shall be made to accommodate requests received after the 72-hour deadline. In the case of special meetings, requests should be submitted as early as possible, but no later than noon the day of the special Council meeting.

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

Santa Monica Blue Bus Lines #1, #2, #3, #5, #9 and the EXPO Line serve City Hall.

Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).

City Council
Report
City Council Meeting: April 22, 2025
Agenda Item: 1.A
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Written Comments
Prepared By: David Yakobson, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Written Comments

1.A
Packet Pg. 12
1 David Yakobson
From: Arthur Jeon <[email protected]>
Sent: Monday, April 21, 2025 5:09 PM
To: Lana Negrete; Caroline Torosis; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Jesse Zwick; councilmtgitems
Cc: Phil Brock; Douglas Sloan; City of Santa Monica; Clerk Mailbox; Jeanette Gant; Micah Akerson; Erika Aklufi; Danielle Noble; Ramon Batista; [email protected]; Roberto Lucio; Thomas McLaughlin; Jose Rodriguez; Annette Farmer; Maryanne LaGuardia; Albin Gielicz; Alisha Brady; [email protected]; Arati Desai Wagabaza; Lori Brown; John Smith; John E. Alle; Evan Meyer; [email protected]; Luke Cain; Peter Bosen; [email protected]; Elaine Golden-Gealer; Eric Sedman; Michele Aronson; Aisling Winders; Julia Ladd; Peter TRINH; Anuj Gupta; [email protected]; dominic gomez; Jenna Grigsby; Attorney Mailbox; Shawn R. Kehoe; Andrew Thomas (Downtown Santa Monica); SMDP Editor; Susan Cline; Third District; Michele A Wittig; [email protected]; Attorney Mailbox; Joe; Jenny Rush; Stan Epstein; Gary Tsai; [email protected]; Zina Josephs; Leah; Lauren Howland; [email protected]; Matthew Hall; Richard Drapkin; [email protected]; Planning Commission Comments; Dawn Fairchild; [email protected]; councilmtgitems; [email protected]; Dan Charn.; [email protected]; Gerardo Leyva; Carlos Jaen; Brandon Capiro; Kelly Simon; Mario Fonda-Bonardi; Jing Yeo; Albin Gielicz; Scott McGee; Gerardo Leyva; Ryan Gradle; Roy Brown; Frank Marnell; SM Observer; [email protected]; [email protected]; [email protected]; Kim Pieper; [email protected]; [email protected]; [email protected]; [email protected]; Robert Coleman; [email protected]; [email protected]; Alyssa G; [email protected]; Lewis Gilmour
Subject: Last Weekend in Santa Monica--what is your vision Council?

EXTERNAL
Dear Council,
The sad part about this letter is I’ve written some version of it every year for the last 8 years. It is a lesson in failure at every level. Or maybe a lesson in my own insanity expecting something might change. I’m going to tie several things together here, so excuse the length. First, last weekend:

FRIDAY NIGHT: After dinner out my wife and I went to the CVS on Wilshire where we encountered a deranged shirtless man threatening CVS staff with a skateboard, trying to get in the store. Three employees fended him off. In the parking lot were two DTSM security guards who had pushed this person out of the promenade. Screaming gibberish, the man sprinted into traffic and disappeared, heading north toward Reed Park. The security guards didn’t call the police, all they did was push him into my neighborhood. We walked home in the dark on Wilshire, with addicts in front of us, to the side, and behind us. The couple in front pushing shopping carts, arguing, turned down the alley before our street to shoot up. It was as dystopian as it gets anywhere I’ve lived, including Manhattan during the crack epidemic.

SATURDAY MORNING: One thing that still feels somewhat normal, albeit not nearly as busy, in Santa Monica, is the farmer’s market. Walking to it, I saw two men wrestling with a third man with the scratched Item 1
April 22, 2025
Item 1
April 22, 2025

1.A.a
Packet Pg. 13
Attachment: Written Comments (7055 : Written Comments)
2 arms of an addict over a bag. They were undercover security at TJ MAX and the man’s bag was full of clothes, multiple hats of the same kind, obviously stolen for resale. And a foil-wrapped tube for smoking Fentanyl or Meth. I called 911 and got an indifferent dispatcher who told me “There has to be a victim." The man grabbed his empty bag and ran off. I told the guards that they, and everybody else, should call the police because no doubt this person has a warrant, or might be wanted for something worse, and it will give the police a reason to detain. But I understand why they don’t. Earlier last week I walked by the side-door cubbyhole to the same TJ Max and saw a fully naked man doing drugs. When I went to report it to the store, the manager shrugged and said it wasn’t their property. It is literally on their property, but I just gave up. I didn’t have time. And it’s everywhere all the time, so what’s the point? SUNDAY MORNING: My neighbor in my small condo complex told me their clicker to get in the main garage wasn’t working. The gate was half open, which is deeply disturbing because we’ve had our bikes stolen from our own garage after the main gate was broken into. We’ve also found deranged people smoking meth. It turns out thieves had broken in overnight and stolen the transponder. In a scramble, I got our gate person (Eli at LA GATES, who is excellent), to come out Monday morning. I locked the main gate manually and everybody had to park on the street Sunday night because we dare not leave it open, as breaking into individual garages is often the second part of a two day planned heist, the first of which is breaking the main gate. I wrote a check to Eli for $400, and darkly joked we’re putting his kids through college, that’s how often we’ve had addicts and criminals break the gate.

SUNDAY NIGHT: My wife and I drove to a friend's house for dinner. A couple blocks out from our house, at Santa Monica and Lincoln, a man was screaming and wrestling with another man on the street and then suddenly, smashing up against the hood of our car. It turns out the transient addict tried to steal the man’s bike and the other guy caught him. It was a brawl, and luckily the police pulled up as we fled the scene.

Santa Monica is in free fall. Businesses can't get traction downtown because of the disorder and danger—they open and close within months. All local residents like us who moved near downtown to be in the once thriving scene, and to live the “15 minute city” lifestyle so supported by our council, now go (drive) elsewhere for dining and shopping. The Osteria, a restaurant that opened on 4th and Wilshire has closed, the two new sushi places will not survive. There isn’t enough foot traffic because it’s dangerous to walk anywhere after dark.

To be clear, as a moderate Democrat, I lost twice in last year’s election: I voted against Trump, and against our current city council. What I got was Trump, who seems intent on dismantling the world economy and our constitution for kicks, and a council that I fear is too far left, and paying no attention to the fact that the majority of Santa Monicans voted for Prop 36 and dumping Gascon. They seem to care more about the criminals and addicts than their victims. And of course every fringe virtue signaling issue you can dream up. This is the result of single party rule in a city that’s essentially gerrymandered, that’s how much of a strangle-hold SMRR has on Santa Monica, minus a brief interregnum. They’ve got a lock on those rent-control emails and they work them with a relentless flow of disinformation and fearmongering around rent control (permanently in the city charter).

I hear no bold solutions to this crisis that keeps our downtown an outdoor mental ward and drug shooting gallery (with occasional actual bullets). The streets, alleys, and sidewalks are filthy with litter.

You can’t go into our alley without seeing an addict stumbling around, passed out, tossing garbage around, or scoping for any lapse in security. I’ve lived here for over 30 years, and see no sense of Item 1
April 22, 2025
Item 1
April 22, 2025

1.A.a
Packet Pg. 14
Attachment: Written Comments (7055 : Written Comments)
3 emergency at the crisis, no daring proposals. SMRR and the far left fully owns this decline; they have been in power for 40 years:
 SMRR (and Danny Zane) own bringing the train here, and its steady stream of addicts, mentally ill, and criminals. Unless the 30-60 people a day stumbling off the train can be addressed, everything we do is treading water. Now the plan is to curfew the beaches at night, which is another blinking red sign of emergency. Makes sense given the mayhem and murder happening down there, but those criminals will surely end up in my neighborhood, in my carport, or attacking me or my wife.

What needs to have a curfew is the train. Vans and buses need to take the people back downtown, because many get woken up by sheriff deputies and have no idea they are in Santa Monica as they stumble off the train at midnight. Then they get dumped into the city and become our problem. They are not our problem, but they are overwhelming our services.  SMRR owns the decision to put “The People’s Concern” downtown, which is as clueless as you can get, and shows no concern for residents, or its downtown. Like the train, we will never recover with it there, operating as it does—as an outdoor drug market and magnet for the most sick amongst us, blocks from the high school (and Pali now too), and downtown. It should be closed immediately. Visitors to the city are owed a better welcome than the addicts populating the onramp from the 10 to Lincoln Blvd, drifting over from the ineffective non-profit. The trash on the onramp looks like a bomb went off.
 SMRR owns the idea of “supportive housing” in one of the most geographically beautiful cities in the world. So come here all the mad, the indigent, the addicted, the criminal, the deranged, come and commit crimes, indulge every addiction with impunity with free needles, and be given lifelong free housing at a million dollars a pop, destroying the neighborhoods into which it's put. Brilliant.

Ground was broken a few blocks from my house on a large new one—and it will embed permanently disturbed people in my neighborhood. Caroline Torosis mumbled some words about abundance, but not in her neighborhood! Another is planned on 4th and Arizona downtown.

Serious question, are you trying to destroy the city? Meanwhile, the Rite Aid on Wilshire in my neighborhood is closing, no doubt throwing in the towel on daily disorder and shoplifting.  SMRR believes Vancouver is a model for Santa Monica (a direct quote from a new council member), so rental housing is heedlessly pumped into the city, destroying what makes us charming. The same crowd have big plans for the airport, last week they sent out a “questionnaire” urging their constituents to vote “housing” throughout the survey. Meanwhile, the stack and packs going up with endlessly vacant street level storefronts create a ghost town effect, the opposite of bustling because they are too large to support small businesses that are the lifeblood of a neighborhood. Their residents drive in and out. The streets are unpopulated. Did nobody take an urban planning class?
 SMRR supports SB79 because they think that the crisis will be solved by fully urbanizing Santa Monica with high-rise apartments everywhere, putting its new residents on a treadmill of lifelong rent payments. Why not build starter condos and help people with the down payment so real generational wealth can be built, as well as a commitment to the city? Never seems to occur to SMRR, who claims to be so for the little guy. But that program would breed independence rather than dependence on SMRR’s “largess,” and make no mistake SMRR is a socialist organization that does not believe in property ownership (except for themselves). Their model is public housing a la Vienna, Austria. Most of the council own their homes, because they believe in the American Dream, even if they cynically don’t envision it for their constituents.

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Attachment: Written Comments (7055 : Written Comments)
4 It’s easy to ignore all the mayhem in some parts of Santa Monica. North of Montana and Sunset Park, where council members live, insulated from the danger and disorder, in single-family homes on leafy streets. No paying a fortune for a small one-bedroom in a bland low rise for them, they are building wealth through their property. Council, I promise you, that if you lived where we live, and had the weekend we had (just the norm now), all your luxury beliefs would evaporate. You would gain some empathy and understanding for what residents go through. You would learn at an experiential level that what we are suffering isn’t a “housing issue.” That’s just an excuse you tell yourselves to feel good about your obeisance to developers pushing this agenda, and your own blind ideology. Meanwhile, the rest of LA County slowly recovers, while we flounder, our big mall 70% empty.

But like it or not, you have to solve this becaue the city’s fortunes are tied to downtown. And this is a solvable problem with a few swift actions that boil down to a policy of more stick and less carrot. According to the San Francisco Chronicle, car break-ins in the city have plunged from 28,500 in 2017 to 8,500 last year thanks to a focused police crackdown. So crime and the disorder from which it emerges, can be solved with the right leadership (in this case moderate mayor Daniel Lurie, who’s lowered property crime 45% in one year by arresting the few thousand repeat thieves). You just need to make it a priority because everything waterfalls down from clean and safe streets. Everything. The fact that the council doesn’t see this, and won't act to solve it, breeds contempt and conspiracy theories for our governance because we have more people living on the streets than any area in LA county except Skid Row in downtown. How is that even possible?
I could go on, but I’m exhausted, as I’m sure you are too. My wife, who has wanted to move for years, asked me Sunday night after we got home and parked on the street because our gate was locked: “Why should we live here?” I’ve been arguing and doing my best to change minds, saying that things were going to change. But they haven’t, and I fear they won’t because this council is out of touch with the direction of its own residents, both state and local. I see no sign they see clean and safe streets as the first and only thing that needs to be solved. They claim the crisis is one of housing, when it’s one of addiction and mental illness, that we alone cannot solve. But we can allow our city to be destroyed.

Last night a brother and sister were randomly stabbed on 1700 Ocean Front Avenue. I can no longer come up with a reasonable answer to my wife's question.

Arthur Jeon
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Attachment: Written Comments (7055 : Written Comments)
5 David Yakobson
From: Arthur Jeon <[email protected]>
Sent: Monday, April 21, 2025 5:09 PM
To: Lana Negrete; Caroline Torosis; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Jesse Zwick; councilmtgitems
Cc: Phil Brock; Douglas Sloan; City of Santa Monica; Clerk Mailbox; Jeanette Gant; Micah Akerson; Erika Aklufi; Danielle Noble; Ramon Batista; [email protected]; Roberto Lucio; Thomas McLaughlin; Jose Rodriguez; Annette Farmer; Maryanne LaGuardia; Albin Gielicz; Alisha Brady; [email protected]; Arati Desai Wagabaza; Lori Brown; John Smith; John E. Alle; Evan Meyer; [email protected]; Luke Cain; Peter Bosen; [email protected]; Elaine Golden-Gealer; Eric Sedman; Michele Aronson; Aisling Winders; Julia Ladd; Peter TRINH; Anuj Gupta; [email protected]; dominic gomez; Jenna Grigsby; Attorney Mailbox; Shawn R. Kehoe; Andrew Thomas (Downtown Santa Monica); SMDP Editor; Susan Cline; Third District; Michele A Wittig; [email protected]; Attorney Mailbox; Joe; Jenny Rush; Stan Epstein; Gary Tsai; [email protected]; Zina Josephs; Leah; Lauren Howland; [email protected]; Matthew Hall; Richard Drapkin; [email protected]; Planning Commission Comments; Dawn Fairchild; [email protected]; councilmtgitems; [email protected]; Dan Charn.; [email protected]; Gerardo Leyva; Carlos Jaen; Brandon Capiro; Kelly Simon; Mario Fonda-Bonardi; Jing Yeo; Albin Gielicz; Scott McGee; Gerardo Leyva; Ryan Gradle; Roy Brown; Frank Marnell; SM Observer; [email protected]; [email protected]; [email protected]; Kim Pieper; [email protected]; [email protected]; [email protected]; [email protected]; Robert Coleman; [email protected]; [email protected]; Alyssa G; [email protected]; Lewis Gilmour
Subject: Last Weekend in Santa Monica--what is your vision Council?

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Attachment: Written Comments (7055 : Written Comments)
6 arms of an addict over a bag. They were undercover security at TJ MAX and the man’s bag was full of clothes, multiple hats of the same kind, obviously stolen for resale. And a foil-wrapped tube for smoking Fentanyl or Meth. I called 911 and got an indifferent dispatcher who told me “There has to be a victim." The man grabbed his empty bag and ran off. I told the guards that they, and everybody else, should call the police because no doubt this person has a warrant, or might be wanted for something worse, and it will give the police a reason to detain. But I understand why they don’t. Earlier last week I walked by the side-door cubbyhole to the same TJ Max and saw a fully naked man doing drugs. When I went to report it to the store, the manager shrugged and said it wasn’t their property. It is literally on their property, but I just gave up. I didn’t have time. And it’s everywhere all the time, so what’s the point? SUNDAY MORNING: My neighbor in my small condo complex told me their clicker to get in the main garage wasn’t working. The gate was half open, which is deeply disturbing because we’ve had our bikes stolen from our own garage after the main gate was broken into. We’ve also found deranged people smoking meth. It turns out thieves had broken in overnight and stolen the transponder. In a scramble, I got our gate person (Eli at LA GATES, who is excellent), to come out Monday morning. I locked the main gate manually and everybody had to park on the street Sunday night because we dare not leave it open, as breaking into individual garages is often the second part of a two day planned heist, the first of which is breaking the main gate. I wrote a check to Eli for $400, and darkly joked we’re putting his kids through college, that’s how often we’ve had addicts and criminals break the gate.

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Attachment: Written Comments (7055 : Written Comments)
7 emergency at the crisis, no daring proposals. SMRR and the far left fully owns this decline; they have been in power for 40 years:
 SMRR (and Danny Zane) own bringing the train here, and its steady stream of addicts, mentally ill, and criminals. Unless the 30-60 people a day stumbling off the train can be addressed, everything we do is treading water. Now the plan is to curfew the beaches at night, which is another blinking red sign of emergency. Makes sense given the mayhem and murder happening down there, but those criminals will surely end up in my neighborhood, in my carport, or attacking me or my wife.

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Attachment: Written Comments (7055 : Written Comments)
8 It’s easy to ignore all the mayhem in some parts of Santa Monica. North of Montana and Sunset Park, where council members live, insulated from the danger and disorder, in single-family homes on leafy streets. No paying a fortune for a small one-bedroom in a bland low rise for them, they are building wealth through their property. Council, I promise you, that if you lived where we live, and had the weekend we had (just the norm now), all your luxury beliefs would evaporate. You would gain some empathy and understanding for what residents go through. You would learn at an experiential level that what we are suffering isn’t a “housing issue.” That’s just an excuse you tell yourselves to feel good about your obeisance to developers pushing this agenda, and your own blind ideology. Meanwhile, the rest of LA County slowly recovers, while we flounder, our big mall 70% empty.

Last night a brother and sister were randomly stabbed on 1700 Ocean Front Avenue. I can no longer come up with a reasonable answer to my wife's question.

Arthur Jeon
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Attachment: Written Comments (7055 : Written Comments)
1 David Yakobson
From: Eve Lopez <[email protected]>
Sent: Tuesday, April 22, 2025 9:44 AM
To: councilmtgitems
Subject: 4/22/25 City council meeting - agenda item 1
Attachments: CalDart SMO Apr 26 2025.pdf

EXTERNAL
Attached is a document submitted as a written public comment for Agenda Item #1. We also request that it be displayed during the oral comment period for the same agenda item.

Thank you.

Eve Lopez
Sunset Park resident
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Attachment: Written Comments (7055 : Written Comments)
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Attachment: Written Comments (7055 : Written Comments)
1 David Yakobson
From: John Alle <[email protected]>
Sent: Sunday, April 20, 2025 3:55 PM
To: The Santa Monica Coalition
Cc: John Alle
Subject: Sunday

EXTERNAL
Have you ever wondered why Mayor Negrete and the entire City Council refuse to acknowledge even a single problem in Santa Monica? Isn’t it maddening that not one council member seems to notice what’s right in front of us—syringes on the sidewalks, rising crime, aggressive addicts, shuttered storefronts, filthy alleyways, and mountains of trash? All set against a backdrop of a city that provides Taxpayer grant money to The Venice Family Clinic and other nonprofits to freely distribute drug paraphernalia, and practically rolls out the red carpet for public drug use.

Many of us have family members who no longer feel safe visiting—especially not with children. But that’s not something the Council has to worry about. When things get dicey, Councilmember Jesse Zwick simply retreats to his million-dollar home in Colorado and phones it in—literally—during meetings. Meanwhile, Councilmembers like Caroline Torosis won’t hesitate to shame you for voicing concern, deflecting with accusations about your race, religion, or sexuality. And while we brace for another summer of lost tourism, rising assaults, and declining quality of life, the people in charge will keep insisting everything is fine—from the comfort of their vacation homes.

Insta
https://www.instagram.com/reel/DIrUBw8CpGR/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/TEHSZeT-xrk
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Attachment: Written Comments (7055 : Written Comments)
2 David Yakobson
From: John Alle <[email protected]>
Sent: Wednesday, April 16, 2025 11:29 AM
To: The Santa Monica Coalition
Cc: John Alle
Subject: The People Concern

EXTERNAL
SANTA MONICA'S largest nonprofit recipient of TAXPAYER-FUNDED annual grants. Also funded by US Dept. of Housing & Urban Development. Unreconciled accounting and missing funds. Huge unexplained costs for "Food and Travel." More transients and needles outside than inside.

Insta
https://www.instagram.com/reel/DIgz80dCq5W/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/Ru-fxkC2rZ8
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Attachment: Written Comments (7055 : Written Comments)
3 David Yakobson
From: Akiva Bamberger <[email protected]>
Sent: Tuesday, April 15, 2025 5:56 PM
To: [email protected]
Cc: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; councilmtgitems
Subject: Disappointed by Front Plate Citation—Reconsidering My Business Presence in Santa Monica

EXTERNAL
Dear Mayor Negrete and Santa Monica City Council Members, I’m writing out of frustration and disappointment. I founded and run a company that recently chose to base its operations at the WeWork in Santa Monica. Part of the reason I made that decision was because I valued what the city represented—vibrancy, innovation, and a sense of community that felt aligned with how I wanted to work and live.

Today, I received a parking citation for not having a front license plate, despite having paid the meter. The car is legally registered and well-maintained, but it—like many modern vehicles—was not designed with a front plate mount. Receiving a ticket for something so technical, especially while contributing economically to the city as a local employer and tenant, makes me feel more penalized than welcomed.

It’s pushing me to reconsider why I work from Santa Monica at all. Remote work is easy. I chose Santa Monica because I believed in it. But experiences like this make me want to avoid the area entirely—why should I keep spending money and time here if I feel extorted over an outdated rule? I respectfully ask the city to reexamine how it enforces front plate laws—especially when applied to parked vehicles. Other cities and states have found more reasonable solutions: decal-based alternatives, exemptions, or simply deprioritizing enforcement when there's no safety issue.

Citation Number: 941830142
Thanks for hearing me out.

Sincerely,
Alex “Akiva” Bamberger
Mayk
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Attachment: Written Comments (7055 : Written Comments)
4 David Yakobson
From: Andrew Hartman <[email protected]>
Sent: Tuesday, April 15, 2025 10:51 AM
To: councilmtgitems
Cc: [email protected]; Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Subject: Proposal to Transform Vacant Storefronts into Comedy, Music & Improv Spaces in Santa Monica

EXTERNAL
Dear Mayor Negrete, Mayor Pro Tem Torosis, and Honorable Councilmembers, My name is Andrew Hartman, and I’m a Santa Monica resident as well as an actor in the Sunday Company at The Groundlings—one of the country’s most iconic training grounds for comedy and improv.

I’m writing today with both a concern and a hopeful proposal. For the past five years, it’s been genuinely disheartening to walk down Main Street and see so many storefronts still sitting empty— some that have never been filled. These aren’t just vacancies. They’re reminders of opportunity lost and potential unrealized.

But they don’t have to stay that way.

I propose a pilot program that turns Santa Monica’s vacant storefronts into live performance venues for stand-up comedy, music, and improv. These small-scale, flexible stages could inject life into quiet corridors, offer affordable venues to local artists, and drive consistent foot traffic that benefits neighboring businesses.

Here are three actionable steps the City could take to support this:

1. Launch a city-sponsored pilot to repurpose commercial vacancies into pop-up venues for live performance.

2. Simplify the permitting process for temporary performance spaces and creative activations.

3. Incentivize landlords to lease their vacant spaces to local artists or producers—through tax credits, rent subsidies, or public promotion.

Santa Monica is a city that champions creativity, but right now we’re letting valuable square footage sit unused while artists scramble for space and neighborhoods lose momentum.

As someone who works in comedy and community storytelling every week, I see firsthand the power of live performance to uplift, connect, and inspire. Santa Monica has the chance to be a national leader in creatively reimagining vacant commercial space—and I would love to help in any way I can. I’d be happy to provide more details of a business proposal if the Council is willing to work with me on this.

Thank you for your time and for your service to this city we all care about so deeply.

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Attachment: Written Comments (7055 : Written Comments)
5 Warmly,
Andrew Hartman
Actor, Sunday Company – The Groundlings
[email protected]
240.447.6810
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Attachment: Written Comments (7055 : Written Comments)
6 David Yakobson
From: John Alle <[email protected]>
Sent: Tuesday, April 15, 2025 8:46 AM
To: The Santa Monica Coalition
Cc: John Alle
Subject: Safe and Clean

EXTERNAL
Santa Monica's Mayor Lana Negrete and LA's Mayor Karen Bass, both "environmentalists," falsely profess their city is safe and clean. They are neither. From the Santa Monica Pier to MacArthur Park and LA, there are some 55,000 street vendors, 10,000 of them selling food. But only a combined 365 food vendors have been issued permits, according to city records. Local leaders treat their residents like those in Third World developing cities.

Insta
https://www.instagram.com/reel/DIeKN2oCSsP/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/aC5JLU-MN4E
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Attachment: Written Comments (7055 : Written Comments)
7 David Yakobson
From: John Alle <[email protected]>
Sent: Monday, April 14, 2025 7:03 PM
To: The Santa Monica Coalition
Cc: John Alle

EXTERNAL
"Enriching lives through effective and caring service." FREE (for whom?) NEEDLES, FOIL and METH PIPES. Originally rolled out in secrecy, then and now using FEDERAL and COUNTY FUNDS by LA County Health Director Barbara Ferrer, and endorsed by LA County Supervisor Lindsey Horvath and Santa Monica's City Council. Visit Santa Monica's public parks, sidewalks and alleyways alongside the 3rd Street Promenade and 7-Eleven. Venice Family Clinic CEO Mitesh Popat is in charge of distribution. Follow the money (our tax dollars).

Insta
https://www.instagram.com/reel/DIbsY-sCy03/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/edc60R-T4Wo
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Attachment: Written Comments (7055 : Written Comments)
8 David Yakobson
From: John Alle <[email protected]>
Sent: Saturday, April 12, 2025 3:40 PM
To: The Santa Monica Coalition
Cc: John Alle
Subject: Travel Advisory for Santa Monica

EXTERNAL
Why do you think Santa Monica's City Council backed out of hosting Beach Volleyball in the 2028 LA Olympics? Upfront financial cost to a city that's broke? Or, increased crime due to its unwillingness to address and eliminate homelessness, drug dealers and open use of drugs in our public spaces, parks and 3rd Street Promenade? Insta
https://www.instagram.com/reel/DIWijF4C2B4/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/EuCNNeObmCs
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Attachment: Written Comments (7055 : Written Comments)
9 David Yakobson
From: John Alle <[email protected]>
Sent: Wednesday, April 9, 2025 1:16 PM
To: The Santa Monica Coalition
Cc: John Alle
Subject: Please select a motto

EXTERNAL
The mottos of Santa Monica are "Fortunate People in a Fortunate Land," "Happy People in a Happy City" and, "Pearl of the Pacific." Which one works best for you?
Insta
https://www.instagram.com/reel/DIPO_MoCnYX/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/DBz3TtImxQ4
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Attachment: Written Comments (7055 : Written Comments)
10 David Yakobson
From: John Alle <[email protected]>
Sent: Thursday, April 10, 2025 8:22 AM
To: The Santa Monica Coalition
Cc: John Alle
Subject: Federal Audits

EXTERNAL
Lots of Federal and HUD funds transferred, misspent and in someone's purse, pocket or family cookie jars. In 2014 the LA County Grand Jury investigated and found Santa Monica to be one of the "most financially mismanaged cities in all of LA County's 88 cities." It recommended a "City Audit Committee" to prevent corruption and protect Taxpayer funds. 11 years later, it's worse. Organized crime with actual bosses and money launderers who include mayors, councilmembers, city managers and executives of so called "nonprofits." Even the same "independent" auditors the entire time whose reports are reviewed, edited and revised by the City Manager and Staff before being released to the public. SM Mayor Lana Negrete publicly laughs and calls this "fear mongering." LA Mayor Karen Bass calls the audits a distraction. investigations "a distraction." Neither wants to discuss the missing money. The Feds will.

Insta
https://www.instagram.com/reel/DIROAgjC_pG/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/1OObKM8y5kY
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Attachment: Written Comments (7055 : Written Comments)
City Council
Report
City Council Meeting: April 22, 2025
Agenda Item: 2.A
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: 2025 City Clerk Week Proclamation
Prepared By: Nikima Newsome, City Clerk
Approved Forwarded to Council

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City Council
Report
City Council Meeting: April 22, 2025
Agenda Item: 2.B
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Special Agenda Items
Subject: Proclamation: Asian American Pacific Islander Heritage Month Prepared By: Kennisha Williams, Administrative Staff Assistant Approved Forwarded to Council

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City Council
Report
City Council Meeting: April 22, 2025
Agenda Item: 2.C
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Special Agenda Items
Subject: Proclamation: National Water Safety Month
Prepared By: Kennisha Williams, Administrative Staff Assistant Approved Forwarded to Council

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City Council
Report
City Council Meeting: April 22, 2025
Agenda Item: 4.A
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Resource Recovery & Recycling
Subject: Authorize Fourth Modification of Agreement with Southern California Disposal Company for Collection Materials Transfer Services
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 and 15308 of the California Environmental Quality Act (CEQA) Guidelines; and

Summary
The City uses Southern California Disposal Company (SCD), based in Santa Monica and adjacent to the City Yards, to transfer the City’s organic materials (green container items), landfill trash materials (black container items), and capital improvement project construction debris to regional facilities. The contract’s original 15-year term expires on December 1, 2026. Due to unforeseen external factors, such as increases to the cost of fuel, transportation, labor, and materials, as well as inflation spikes and supply chain issues brought on by the Covid-19 pandemic, additional funding is required at this time to pay for services through the remainder of the initial contract term. Staff recommends that Council authorize a fourth modification to the City’s agreement with SCD to increase the amount of the contract by $4,178,757 (including a 20% contingency) for a new total amount not to exceed $41,438,757. Funding for solid waste transferring

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service is critical. Sanitation is a public health utility service that cannot be disrupted without significant impact to the community, and it is an essential service that supports the Council’s strategic priority of clean streets and safe neighborhoods.

Discussion
The City’s Resource Recovery and Recycling (RRR) Division provides municipal solid waste management services to all Santa Monica residents and businesses. After collection, RRR drivers transport the solid waste to a transfer station where the materials are then placed into long-haul trailers and transferred to regional facilities.

Most solid waste facilities are located far from Santa Monica. Utilizing a nearby transfer station saves time and allows RRR drivers to return to their collection routes quickly to continue servicing their customers.

After issuing a request for proposal for municipal transferring services, the City entered into agreement 9011 (CCS) with SCD for an initial term of 15 years from December 1, 2011, through December 1, 2026. Subsequently, the City entered into three contract modifications for the following:
• First contract modification: clarified and expanded existing transfer services to include recyclable material to be transferred by SCD; • Second contract modification: increased the rate to haul curbside recyclables resulting in an increase of the not to exceed amount to $1,260,000 for hauling curbside recyclable materials only; and
• Third contract modification: extended the termination date for interim transfer of curbside recyclable material services to December 31, 2021 and authorized SCD to use a portion of the City’s property, located at the southwest corner of the City Yards (the Hanson Lot).

Since the contract’s initial execution, several unforeseen external factors have affected the waste management industry, including increases in the cost of fuel, transportation, and labor, as well as inflation spikes and supply chain issues due to the Covid-19 pandemic. Steel prices also rose, affecting the purchase price of heavy-duty trash

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collection vehicles and processing equipment. Finally, the initial projections from 2008 may not have fully accounted for the level of materials collected over such a long timeframe. Now in its 14th year of the contract, additional funding is required to pay for the last 14 months of the contract term before the initial 15-year term expires on December 1, 2026. The contract has three five-year renewal options available beyond this initial term. The requested amount is based on current contracted material pricing with estimated CPI increases through December 1, 2026.

Despite these factors and associated cost increases, SCD’s proximity to the City Yards helps mitigate RRR’s financial burden in other areas such as overtime, fuel, and vehicle maintenance and repairs that would occur if materials had to be hauled to farther facilities. In addition, SCD’s location minimizes RRR drive time, increases the time that collection drivers remain on their routes to service their customers, and enhances the ability to achieve the Council’s strategic priority of clean streets and safe neighborhoods.

Environmental Review
The contract for solid waste transferring services is categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15301 and 15308 of the CEQA Guidelines. Section 15301 of the CEQA State Guidelines provides Class 1 (Existing Facilities) exemption for projects that consist 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 contract for solid waste transferring services would not result in any modifications to existing landfills or disposal facilities. Solid waste transferring services currently exist, and the contract would not expand or materially change existing transfer facilities or waste disposal operations. The selected vendor is required to comply with existing solid waste regulations and provide similar services to those currently being required and provided. Therefore, the project is categorically exempt as set forth in Section 15301 of the CEQA State Guidelines.

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The contract is also exempt pursuant to Section 15308 of the CEQA Guidelines. Section 15308 (Class 8 Actions for Protection of Environment) exempts actions taken by a regulatory agency, as authorized by State and local ordinances, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment. The contract would ensure City compliance with solid waste disposal regulations for the protection of the environment including:
• Integrated Waste Management Act (IWMA) of 1989 requires cities to permit and regulate solid waste handling;
• Assembly Bill 341 (2011) requires both businesses that generate four cubic yards or more of solid waste and multifamily projects with five units or more to participate in a recycling program;
• Assembly 1826 (2014), requires businesses, including public entities and multifamily projects, to recycle their organic waste. Businesses must develop strategies to reduce and/or arrange for recycling services for the following types of organic waste: food waste, food-solid paper, green waste, landscaping and pruning waste, and non-hazardous wood waste;
• Senate Bill 1383 (2016) established methane emission reduction targets for California, requiring a 50 percent reduction of organics sent to the landfill by 2020, and a 75 percent reduction by 2025; and
• City’s Zero Waste Plan (Updated 2019) provides an environmental policy framework to guide the City on its path to achieving zero waste.

The contract requires the solid waste transferring services vendor to comply with both State and local regulations for disposing of waste and ensures the protection of the environment since the contract contains compliance requirements with State mandates.

Therefore, the contract is categorically exempt as set forth in Section 15308 of the CEQA State Guidelines.

Past Council Actions
Meeting Date Description
11/25/2008 Original Bid and Award of Agreement with Southern California

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(Attachment A) Disposal Company for Solid Waste Transferring Services 11/12/2019
(Attachment B)
Authorization of Third Contract Modification with Southern California Disposal for Recyclable Materials Processing Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Resource Recovery and Recycling Fund to increase the amount of contract 9011 with Southern California Disposal Company for solid waste transferring services. Funds will be included in the FY 2025- 27 Proposed Biennial Budget.

Contract Modification Request
CT 9011 Southern California Disposal Company
Current
Authorized
Amount
FY 2025-26
Request
Amount
Future
Years
Amount
Dept Account # Total Contract
Amount
$37,260,000 $2,673,941 $1,504,816 54500002.550150 $41,438,757 Future year funding is contingent on Council budget approval.

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

A. November 25, 2008 Staff Report
B. November 12, 2019 Staff Report
C. July 17, 2013 Notice to Proceed
D. December 2, 2008 Executed Contract #9011
E. November 5, 2020 Executed 3rd Contract Modification #9011 F. SCD - Levine Act
G. SCD - Oaks Initiative

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Attachment: November 25, 2008 Staff Report (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Materials Transfer

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Attachment: November 25, 2008 Staff Report (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Materials Transfer

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Attachment: November 25, 2008 Staff Report (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Materials Transfer City Council
Report
City Council Meeting: November 12, 2019
Agenda Item: 3.K
1 of 5
To: Mayor and City Council
From: Susan Cline, Director, Public Works, Resource Recovery & Recycling Subject: Authorization of third Contract Modification with Southern California Disposal for Recyclable Materials Processing
Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute a third modification to contractual services agreement #9011 (CCS) in the amount of $360,000 with Southern California Disposal Company, a California-based company, for recyclable materials transferring services for the Public Works Department. This will result in a 17-year amended agreement with a new total amount not to exceed $37,260,000, with future year funding contingent on Council budget approval.

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

Summary
The City utilizes the service of Southern California Disposal to transfer waste materials to various disposal or processing facilities. At its September 24, 2019 meeting, the City Council approved a second contract modification with Southern California Disposal in the amount of $900,000 to cover the cost of interim recyclable materials transferring services for the 18-month period of July 2019 through December 2020. After staff submitted the September 24th staff report, Southern California Disposal contacted the City and requested a rate increase citing an underestimation of the cost of transferring recyclable materials – a service the company has not provided to the City in the past.

Staff recommends the Council approve a third modification with Southern California Disposal to increase the rate to haul curbside recyclables from $25.18 per ton to $39.75 and provide an additional amount of $360,000 for the remainder of the 18-month interim period.

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Discussion
In light of the recycling marketplace’s volatility in recent years, the City Council on May 28, 2019 directed staff to reject both recycling proposals that requested a long-term contract and procure interim services to transfer curbside recyclable materials and process the materials off-site beginning July 1, 2019 (Attachment A). Staff solicited quotes from various qualified companies and deemed Southern California Disposal (SCD) the best qualified bidder for curbside recyclable materials transferring and American Reclamation the best qualified interim bidder for curbside recyclable materials processing for a period not to exceed 18 months from July 2019 through December 2020.

SCD has an existing 15-year contract with the City that expires on December 1, 2026.

Before July 2019, SCD only provided transferring services of the City’s refuse and organics (green waste and food waste), as well as construction and demolition debris generated by City capital improvement projects and City facilities. Transferring services for recyclable materials were not required of SCD because the materials were processed on City property by another City contractor.

Following the bidding process for the interim recyclable materials transferring services in June 2019, a first contract modification was executed with SCD to expand its scope of services to include interim transferring of recyclable materials for up to 18 months from July 1, 2019 through December 31, 2020.

Past Council Actions
May 28, 2019
(Attachment A)
Directed staff to reject proposals for recyclable materials processing services and return with alternative recycling options
September 24, 2019
(Attachment B)
Approved a second contract modification with Southern
California Disposal in the amount of $900,000, for a total amount not to exceed $36,900,000, for interim recyclable materials transferring services
The second contract modification approved in September 2019 increased SCD’s 15- year contract to include the cost of transferring recyclable materials at the rate of $25.18

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per ton – the same rate as transferring other types of materials (Attachment B). Soon after submitting the September 24, 2019 staff report, City staff received a request from SCD to increase its contractual rate for interim recyclable materials transferring services from $25.18 per ton to $43.79 per ton. Since SCD has never previously transferred the City’s recyclable materials, it claimed to have underestimated the additional labor and equipment costs associated with handling recyclable materials. SCD evaluated the operation of transferring the City’s recyclable materials for the first two months of FY 2019-20. Unlike refuse, organics, or construction and demolition debris that can be compacted tightly in a transfer trailer, recyclable materials cannot be compacted as much in order to preserve the integrity of the materials and ease the sorting of different material types at the recycling processing facility. After handling the materials for two months, SCD determined it could only place an average of 12.65 tons of recyclable materials in each transfer trailer load (or trip) as compared with the 22 tons of refuse per trailer load.

Staff conducted a tonnage analysis of the same period and confirmed these amounts, in addition to calculating an average of 13.45 tons of construction and demolition debris per trailer load and 20.3 tons of organics per trailer load. Although construction and demolition debris had a similar compaction factor as recyclable materials, it represented less than one-third of the tonnage of recyclable materials and required SCD to make significantly fewer trips per month at an average of 27 trailer loads per month as opposed to 110 trips for recyclable materials. Additionally, the construction and demolition materials processing facility is eight miles closer to the City than the recyclable materials processing facility, meaning shorter travel time and less fuel. SCD incurs higher operating costs to transfer recyclable materials compared to other material types.

Staff also explored the alternatives to SCD’s current services in light of SCD’s request for additional compensation and determined that it would be best to focus on seeking and expediting a long-term solution of recyclable materials processing and transferring, which will be discussed in details in a separate staff report and study session for the

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November 12, 2019 Council meeting.

After a careful analysis of various factors by material type, coupled with the urgent but interim nature of this service, staff recommends an increase to the rate for hauling recyclable materials to $39.75 per ton – $4.04 per ton less than SCD’s requested amount of $43.79 per ton. At $39.75 per ton, SCD’s rate is still on par with the lowest bid received. Staff recommends the Council approve the new rate of $39.75 per ton, which would be effective beginning November 13, 2019.

Overall Interim Recycling Costs
Before SCD’s rate increase request, the overall interim recyclable materials transferring and processing services cost was estimated at slightly over $2 million in the first year and $1 million for the six months in the second year for a total of $3.1 million for the 18- month period. If SCD’s rate increase request is approved, the overall interim recycling costs would adjust to $2.27 million in the first year and $1.19 million for the six months in the second year for a total cost of approximately $3.46 million over the interim period.

Estimated Interim Recycling Cost (July 1, 2019 – December 2020) Service & Service Provider
Original Proposed
FY 2019-20 FY 2020-21 18-Month
Total FY 2019-20 FY 2020-21 18-Month Total
Recyclable Materials Transferring:

SCD $600,000 $300,000 $900,000 $800,000 $460,000 $1,260,000 Recyclable Materials Processing:

American Reclamation $1,470,000 $730,000 $2,200,000 $1,470,000 $730,000 $2,200,000 Total Revised Costs $2,070,000 $1,030,000 $3,100,000 $2,270,000 $1,190,000 $3,460,000 Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Resource Recovery and Recycling Fund to increase the amount of contract with SCD for recyclable materials transferring services.

Contract Modification Request
Agreement #
Current Authorized
Amount
FY 2019-20
Modified Request
Amount
FY 2019-20 Budget
Dept Account #
Total Revised
Contract Amount
9011 (CCS) $36,900,000 $200,000 54500002.550150 $37,260,000

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Staff seeks authority to appropriate an additional $200,000 in FY 2019-20 and $160,000 in FY 2020-21 in account number 54500002.550150 to cover the cost of interim recyclable materials transferring. Any unused budget amounts will return to the Resource Recovery and Recycling Fund.

Prepared By: Yvonne Yeung, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. May 28, 2019 Staff Report - Recyclable Materials Processing Services (Web Link)
B. September 24, 2019 Staff Report - Southern California Disposal Second Contract Modification (Web Link)
C. Oaks Initiative Disclosure Form - Southern California Disposal

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Attachment: November 12, 2019 Staff Report (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Materials Transfer City Council
Report
City Council Meeting: May 28, 2019
Agenda Item: 5.A
1 of 11
To: Mayor and City Council
From: Susan Cline, Director, Public Works, Resource Recovery & Recycling Subject: Update on Recycling Center and Approval of Contract with Allan Company for Recyclable Materials Processing Services
Recommended Action
Staff recommends that the City Council:

1. Consider the Addendum with the Final City Yards Master Plan Environmental Impact Report (SCH No. 2017111053), which analyzes environmental impacts of minor modifications to the City Yards Master Plan, and adopt the resolution approving the Addendum;

2. Approve the minor modifications to the City Yards Master Plan analyzed in the Addendum;

3. Award RFP# 216 to Cedarwood-Young, Inc. dba Allan Company, a Californiabased company for recyclable materials processing services for the Public Works Department; and

4. Authorize the City Manager to negotiate and execute an agreement with Cedarwood-Young, Inc. dba Allan Company, in an amount not to exceed $10,200,000 (including a 20% contingency) for seven years, with three additional one-year renewal options in the combined amount of $6,090,000, on the same terms and conditions, for a total amount not to exceed $16,290,000 over a tenyear period, with future year funding contingent on Council budget approval.

Summary
In order to modernize its aging operations and maintenance facilities at 2500 Michigan Avenue (known as “the City Yards”), the City Council gave its conceptual approval for the City Yards Master Plan on January 27, 2015 (Attachment A). The City Yards currently houses the operations and maintenance facilities for Facilities Maintenance, Street and Fleet Services, Traffic Operations, Resource Recovery and Recycling (RRR), Water Resources, the Fire Department, and Community Services. Subject to future Council approval, it is slated for major renovation to begin later this year.

The City Council approved a design-build contract with Hathaway Dinwiddie Construction Company for the first phase of the City Yards Master Plan referenced as

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“Package A” on October 25, 2016 (Attachment B). That first phase entails demolition of thirteen (13) existing structures and construction of six (6) new structures. The City Yards Master Plan currently contemplates the removal of the City’s existing public buyback recycling center (“the Buy-Back Center”) and the relocation of its existing recycling processing facility (“Processing Facility”), which are operated by CedarwoodYoung, Inc. dba Allan Company pursuant to an existing contract that expires on June 30, 2019.

In light of the impending expiration of Allan Company’s existing contract, City staff issued a Request for Proposals and, after evaluating the two proposals that were submitted, selected Allan Company as the best bidder to continue operations. Due to the worldwide fall in recycling commodity prices, the new proposed contract with Allan Company contains a significantly more costly price structure. Allan Company has also requested a contract term of seven years plus three (3) one-year options for the handling of the City’s recycling materials to justify the investment for the relocated BuyBack Center and Processing Facility. Staff believes the proposed cost structure is necessary given the worldwide changes in the recycling market and a longer-term agreement is justifiable.

During preliminary discussions with Allan Company, it was determined that minor modifications to the City Yards Master Plan would be required to facilitate the relocation of the Buy-Back Center and Processing Facility.

The City’s Planning Commission certified the Environmental Impact Report (EIR) for the City Yards Master Plan and approved the Development Review Permit for Package A on January 19, 2019. During the public hearing on January 19, 2019, concerns were raised about the elimination of the Buy-Back Center services.

The proposed modifications are more fully described in the draft Addendum to the Final EIR for the City Yards Master Plan (Attachment C) and entail minor improvements

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to facilitate the relocation of the Buy-Back Center and Processing Facility, including the construction of a sound wall. The proposed modifications also include the elimination of certain proposed changes to the Fire Department Training Facility and the elimination of a proposed street vacation that were also contemplated as part of the City Yards Master Plan, but then determined to be unnecessary. The Addendum concludes that the environmental impacts associated with the proposed modifications do not constitute new or greater significant impacts than were identified in the Final EIR for the City Yards Master Plan Project.

Staff is therefore recommending the Council consider and approve the Addendum, as well as the proposed minor modifications to the City Yards Master Plan and actions necessary to enter into a new contract with Allan Company.

Discussion
The City’s Resource Recycling and Recovery (RRR) Division collects solid waste, organics, and recyclable materials from Santa Monica’s residential and commercial customers. Annually, the City collects approximately 14,000 gross tons1 of materials from the recycling containers and delivers them to Allan Company, which currently operates on a portion of the City Yards. As a material recovery facility, or MRF, Allan Company sorts, cleans, and processes the materials before it markets the valuables to domestic and overseas mills for further manufacturing uses. Since 1993, the City has contracted with Allan Company to process recyclable materials at the City Yards.

Additionally, Allan Company operates the Santa Monica Community Recycling Center (commonly known as the “Buy-Back Center”) at 2411 Delaware Avenue, which is open to the public. Santa Monica residents, as well as residents from neighboring cities, can redeem their CRV bottles and beverage containers for cash at the Buy-Back Center.

The City used to receive revenue from Allan Company for the recyclables collected daily by RRR personnel. However, due to significant market changes, Council approved a modification to Allan Company’s agreement, adding a payment structure on August 14,

1 “Gross tons” are defined as the total tonnage of materials collected from Santa Monica’s recycling containers or the total amount of materials that are placed in the recycling containers.

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2018, due to the disruption in the global recycling market caused by China’s National Sword policy (National Sword) banning foreign recyclables (Attachment E). Once California’s – and the world’s – largest importer of recyclable materials, China determined that the imported recyclables were mixed in with too much contamination (trash) severely restricting the quantity and type of materials, and increase the contamination standard of the materials it would accept at its ports.

Past Council Actions
August 14, 2018
(Attachment E)
Second modification to agreement with Allan Company for recyclable materials processing services
The global recycling industry went into turmoil in the aftermath of National Sword.

China’s General Administration of Customs reported that recovered plastic shipments to China dropped by 99.1 percent in 2018 compared with the prior year. The loss of a major global commodity buyer caused a significant decline in market values for recyclable commodities and a substantial increase in processing costs. To cope with the stringent requirements imposed by China, recycling processors are slowing down the speed of their sorting equipment and hiring extra workers to double-sort the materials in an attempt to get the recyclables as free from contamination as possible. Many processors turned to other international markets that were oftentimes smaller and had less infrastructure to accept large volumes, but those markets offered lower prices and/or required higher shipping costs. Exhibit 1 illustrates how the value of mixed paper2, which constitutes approximately 60 percent of the City’s total recycling stream, plummeted since China’s import ban. As California State Treasurer Fiona Ma recently told the New York Times, “We are in a crisis moment in the recycling movement right now.” (Attachment F)

2 “Mixed paper” includes, but is not limited to, the following materials: Milk and juice cartons, cereal boxes, brown paper bags, junk mail, magazines, newspapers, printing and writing papers, and books.

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Exhibit 1: The Value of Mixed Paper
Like many recycling processors, Allan Company suffered from lower revenues and higher processing costs and requested that the City adjust its payment structure to reflect current market conditions. Since the 2018 agreement modification, the City went from receiving $27.50 per net ton3 or over $300,000 per year in revenues to paying $25 per net ton or approximately $275,000 per year in expenditures.

The current agreement with Allan Company ends on June 30, 2019, and staff decided to request proposals from qualified processors and assess the rapidly shifting market conditions in the recycling industry. These proposals were evaluated for a service delivery model best suited for the City’s needs.

3 “Net tons” are defined as the total tonnage of materials that are marketable after solid waste and other non-recyclable items are removed and disposed of at landfills.

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Vendor Selection
RFP Data for Recyclable Materials Processing Services (RFP #216) RFP Posting
Date
RFP Posted
On
RFP Advertised
in (City Charter &
Municipal Code)
# of Vendors
Downloaded
# of Submittals
Received
Date Publicly
Opened
1/28/2019
City's
Online
Bidding
Site
Santa Monica
Daily Press 30 2 2/25/2019
RFPs Received Selection Criteria
Allan
Company American Reclamation Municipal
Code
SMMC 2.24.073
Evaluation
Criteria
Competence, experience, ability
to deliver, price, stability, and
reputation
Justification to Award
As part of the due diligence process of the RFP, staff conducted site visits at two facilities owned and/or operated by Allan Company as well as the facility operated by the other proposer. Based on observations from these visits and the proposals submitted, staff recommends Allan Company as the best qualified company to provide recycling materials processing services.

Allan Company has provided recyclable materials processing services to the City of Santa Monica since 1993. The company specializes in recyclable materials processing operations; it has extensive knowledge and expertise in the recycling industry and longstanding history of operating curbside recycling facilities for several other Southern California cities including Culver City, Glendale, Pasadena, and San Diego. Additionally, Allan Company’s cost proposal provided a better opportunity for the City to realize financial benefits if the recycling industry recovers and recyclable commodity prices increase in the future. Finally, Allan Company provided less punitive pricing in the event of contamination of recyclables.

Allan Company’s proposal to invest in new processing equipment and infrastructure, which would help reduce the contamination found in the City’s current recycling stream, necessitated the need for a minimum seven-year contract with three one-year renewal options to amortize the cost of the investment.

Overall, Allan Company demonstrated a stronger capability to meet the City’s standards to achieve zero waste goals.

Market Response and Pricing
Staff reached out to various recycling companies, and 30 prospective proposers downloaded the request for proposal packet. Only two companies submitted a proposal, including incumbent contractor Allan Company. Both proposals were at a cost

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substantially higher than our current agreement but consistent with recent paradigm shifts reported by other cities and recycling industry observers:
• a lack of interest from big waste management companies to submit proposals on municipal recycling contracts in the volatile and less lucrative current market; • a surge in recycling contractors seeking to renegotiate existing municipal contracts or establish new contracts charging cities significantly more to cover their operating costs and recoup lost profits; and
• the pressure to distribute risk of market fluctuations between contractors and municipalities.

In the proposed agreement, the City would pay Allan Company the difference between a not-to-exceed contract price ceiling and the weighted sales value of the recyclable materials from Santa Monica’s collection streams. If the commodity values increase, the City’s agreement cost would decrease. If the recycling market recovers and the commodity values exceed the price ceiling, the City would not have to pay Allan Company for its processing services and would receive revenue-sharing from the company on a 50/50 basis. Moreover, a residue4threshold would be put in place to incentivize the City to keep trash and other non-recyclable items, such as garden hoses and food-stained paper plates, out of its recycling containers in order to improve the purity and value of the materials. Allan Company has committed to assisting the City with its public education and community outreach efforts to keep the residue level at less than 20 percent, which is currently at approximately 29 percent.

Staff has assessed the recyclable commodity values for the past six months and estimated the new agreement would cost approximately $67 per gross ton, or approximately $1 million per year under the current market condition. Based on due diligence research on market conditions, a review of other cities’ contracts, and advice from industry consultants, staff deemed the proposed agreement terms a reasonable reflection of the new reality in recycling. Although this is substantially higher than the cost of the current agreement, it reflects the harsh reality faced by municipalities around

4 “Residue” is defined as solid waste and other unmarketable materials removed from the recyclables at the time of sorting and processing at Allan Company’s facility. Residues are disposed of at landfills.

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the nation: The City of Bakersfield has gone from earning $25 per ton to paying $70 per ton; the City of San Diego is anticipating a $2.4 million decline in recycling revenue; and the City of Philadelphia’s recycling budget could increase by $2 million due to higher processing costs. The changing recycling market is summarized in the February 2019 issue brief by the National Waste & Recycling Association (Attachment G).

The Zero Waste Strategic Operations Plan that Council adopted in 2014 is currently being updated to account for the changes in the recycling industry (Attachment H).

Although the cost of recycling is rising, it is important to focus on the benefits of Reduce, Reuse, and Recycle on the environment and climate change. Recyclables are commodities, and commodity markets, by nature, have peaks and valleys. The industry will continue to pivot and adapt to recent changes, including more investments in local infrastructure and less reliance on overseas mills, and the City remains committed to its zero waste goal by 2030. Community outreach efforts that focus on educating the public on the proper ways of recycling the appropriate items are now more critical than ever to ensure the City is diverting as many recyclable materials from landfills as possible.

Implementation Plan
Upon agreement approval, the contractor would begin construction immediately to relocate the recyclable materials Processing Facility and the Buy-Back Center from its current location of 2411 Delaware Avenue to the area of the City’s existing transfer station, which is currently inactive. The two operations would be split into two separate sites due to space constraints and traffic circulation considerations. The recyclable materials Processing Facility would be moved to the southwest corner of the City Yards at 2401 Delaware Avenue in a 25,100 square-foot space that would expand to 35,100 square feet by 2023. The new Buy-Back Center would be relocated to a 14,000 squarefoot lot at 1913 Frank Street, approximately 200 feet south of the existing center (Attachment I). As part of the agreement, Allan Company would construct a sound wall as a noise mitigation measure to reflect sound generated by the Buy-Back center away from neighboring residents.

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Operations at both sites are anticipated to begin on July 1, 2019, and no service interruption is anticipated. The Buy-Back center will continue to be open to the public on weekdays from 8 a.m. to 5 p.m. and Saturdays from 8 a.m. to 2 p.m.

Environmental Review
On January 16, 2019, the City certified the City Yards Master Plan EIR (State Clearinghouse Number 2017111053). The City Yards Master Plan EIR analyzed the potential environmental effects of the City Yards Master Plan in accordance with the relevant provisions of the California Environmental Quality Act (CEQA). Pursuant to CEQA Guideline 15164(a), a lead agency must prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in CEQA Guideline 15162 calling for preparation of an EIR have occurred (i.e., substantial changes that involve new significant environmental effects or substantially increase the severity of previously identified significant effects; substantial changes in the circumstances under which the project was undertaken, or new information of substantial importance, which was not known at the time the previous EIR was certified).

The proposed changes to the City Yards Master Plan entail minor site improvements to facilitate the relocation of the Buy-Back Center and Processing Facility, including the construction of a sound wall. The proposed modifications also include the elimination of certain proposed changes to the Fire Department Training Facility and the elimination of a proposed land swap and street vacation that were also contemplated as part of the City Yards Master Plan, but then determined to be unnecessary.

In light of these proposed minor modifications to the City Yards Master Plan, an Addendum has been prepared because none of the conditions described in CEQA Guideline 15162 have occurred which would warrant preparation of a supplemental or subsequent EIR. Based on the analysis in the Addendum, the proposed changes would not result in new or substantially more significant environmental effects than were identified in the City Yards Master Plan EIR and would not require new mitigation measures than were already required by the EIR.

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Public Outreach
Although not required under CEQA, public notice announcing availability of the Addendum to the City Yards Master Plan EIR was circulated on May 2, 2019 to all owners and occupants within a 750-foot radius of the City Yards. Additionally, the public notice was published in the Santa Monica Daily Press. The Addendum was available for public review on the City Planning website and in person at the City’s Planning Division office and public counter.

Financial Impacts and Budget Actions
Staff seeks authority to award an agreement with Allan Company for recyclable materials processing services including a 20% contingency.

Agreement Request
Request
Amount
FY 2019-20 Budget
Department Account #
Total Contract
Amount
$1,140,000 54500002.523010 $16,290,000
Budget authority for subsequent budget years will be requested in each budget for Council approval. Future year funding is contingent on Council budget approval.

At the time of this report, staff projects the fund to be self-sustaining through FY 2020-

21. A rate study is actively underway to analyze the need for potential rate adjustments in FY 2020-21 in order to maintain the City’s commitment to its zero waste goal and environmental sustainability. With the shifting economic climate in the recycling world, municipalities around the country are grappling with the new reality that “recycling is not free” and cannot continue to be free if a recycling program were to remain fiscally sustainable in the long run. Some cities and counties are reporting double-digit rate increases, and others have suffered program reductions due to lack of funding. Staff will return to Council with a recommendation for potential rate adjustments in early 2020.

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Prepared By: Delana Gbenekama, Communications and Marketing Coordinator Approved Forwarded to Council
Attachments:

A. Staff Report - Conceptual Approval of the City Yards Master Plan, January 27, 2015
B. Staff Report - Approval of Design Contract for the City Yards Master Plan, October 25, 2016
C. Addendum to the City Yards EIR
D. Resolution - City Yards Modernization EIR Addendum
E. Staff Report - Second Modification to Recycling Contract, August 14, 2018 F. New York Times Article on Recycling, March 16, 2019
G. Zero Waste Strategic Operations Plan
H. Site Map
I. Written Comments
J. Issue Brief from the National Waste and Recycling Association, February 2019 K. Allan Company Oaks Initiative Disclosure Form
L. SUPPLEMENTAL STAFF REPORT
M. Written Comments
N. Powerpoint Presentation

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Report
City Council Meeting: September 24, 2019
Agenda Item: 3.B
1 of 7
To: Mayor and City Council
From: Susan Cline, Director, Public Works, Resource Recovery & Recycling Subject: Interim Recyclable Materials Transferring and Processing Services Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute a second modification to contractual services agreement #9011 (CCS) in the amount of $900,000 (including contingency) with Southern California Disposal Company, a California-based company, for recyclable materials transferring services for the Public Works Department. This will result in a 15-year amended agreement with a new total amount not to exceed $36,900,000, with future year funding contingent on Council budget approval.

2. Authorize the City Manager to negotiate and execute a first modification to contractual services agreement #4603 in the amount of $1,950,000 with American Reclamation, a California-based company, for recyclable materials processing services for the Public Works Department. This will result in an 18- month amended agreement with a new total amount not to exceed $2,200,000 (including a 30% contingency), with future year funding contingent on Council budget approval.

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

Summary
In the midst of a statewide recycling market crisis, the City’s long-standing service agreement for on-site recyclable materials processing and community recycling center expired on June 30, 2019. At its May 28, 2019 meeting, the Council directed staff to reject all proposals and procure services on an interim basis to transfer and process curbside recyclable materials off-site beginning July 1, 2019 and present additional longer-term recyclable materials processing and community recycling center options at a future Council meeting (Attachment A). The timeframe of interim services is anticipated to be a sufficient period of time to bid out services after Council direction next month. Staff solicited quotes from various qualified companies for these contracts and deemed Southern California Disposal (SCD) the best qualified bidder for curbside

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recyclable materials transferring and American Reclamation the best qualified bidder for curbside recyclable materials processing.

As interim measures, staff kept SCD’s existing contract with the City at the original contract authority and established American Reclamation’s new contract at $250,000 to stay within the City Manager’s contract approved threshold. At this time, staff recommends: 1) executing a second contract modification to increase SCD’s 15-year contract by $900,000 to an amount not to exceed $36,900,000, and 2) executing a first contract modification to increase American Reclamation’s 18-month contract by $1,950,000 to an amount not to exceed $2,200,000. Staff will return to Council next month to seek direction on the rebidding of longer-term recyclable materials transferring and processing services and present options for recycling or redemption services for the community.

Discussion
The City had contracted with Cedarwood-Young Inc. (dba Allan Company) for curbside recyclable materials processing and the operation of the Santa Monica Community Recycling Center, also known as the Buy-Back Center, since 1993. That agreement expired on June 30, 2019. Staff issued a request for proposals for a new recycling contract beginning July 1, 2019. After a formal bidding process and an evaluation of the two proposals received, staff recommended Allan Company as the best qualified company to process the City’s curbside recyclable materials and operate the Buy-Back Center on City property at approximately $67 per gross ton of recyclables or $951,000 in the first year (or $1.24 million including a 30% contingency).

Due to a variety of factors, including long-term cost concerns, at its May 28, 2019 meeting, the Council directed staff to reject all bids, which included services for on-site recyclable materials processing and the management of a Buy-Back Center, and proceed with interim arrangements with off-site processing of recyclable materials. To implement Council direction for off-site recyclable materials processing, staff sought quotes from qualified companies for interim recyclable materials transferring and off-site recyclable materials processing services only. A request for quotes for a Buy-Back

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Center was not initiated, which was consistent with Council direction to return at a later date to present options for recycling or redemption services for the community. These options are scheduled to be presented with the Zero Waste Plan update at the October 22, 2019 Council meeting. The interim arrangement has required two separate agreements. First, the recyclable materials collected curbside by the City’s Resource Recovery and Recycling personnel need to be transferred to a recycling processor outside of the City. Second, the collected materials need to be processed and sold into the recycling market.

Interim Recyclable Materials Transferring Services – Southern California Disposal SCD has an existing 15-year contract with the City that was approved by Council in 2008 (Attachment B). As memorialized in a Notice to Proceed issued by the City, the initial term of the 15-year contract commenced on December 1, 2011, and expires on December 1, 2026. The original contract authority was $2.4 million per year, or up to $36 million over the initial 15 years, with three five-year renewal options afterwards through 2041. The original scope of services includes transferring services of refuse, organics (green waste and food waste), and construction and demolition debris generated by City capital improvement projects and City facilities only.

As part of establishing an interim recycling arrangement, staff contacted several qualified companies for interim recyclable materials transferring services. Three quotes were received, and SCD was deemed the best bidder because of its low price as compared with the other bids and its experience with transferring the City’s curbside solid waste materials since 2008.

Following the bidding process, a first contract modification was executed with SCD in June 2019 to clarify its scope of service to include interim transferring of recyclable materials for up to 18 months from July 1, 2019 through December 31, 2020. The interim recyclable materials transferring services were quoted at $25.18 per ton and are estimated to cost up to $600,000 in the first year in FY 2019-20 and $300,000 for six months in FY 2020-21 for a total amount of $900,000 over 18 months, including a 30% contingency.

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Interim Recyclable Materials Processing Services – American Reclamation Staff contacted multiple qualified companies for interim recyclable materials processing services off-site. Three quotes were received, and American Reclamation was deemed as the best bidder at a cost of approximately $69 per gross ton of recyclables. An interim contract was established on a month-to-month basis with a six-month termination notice requirement.

The contract term is up to 18 months from July 1, 2019 through December 31, 2020.

The interim recyclable materials processing services are estimated to cost up to $1,470,000 in the first year in FY 2019-20 and $730,000 for six months in FY 2020-21 for a total amount of $2,200,000 over 18 months, including a 30% contingency.

Given the short time of needing a new contract, staff decided to limit American Reclamation’s initial contract cost to $250,000 under the City Manager’s maximum contract approval threshold and return to Council to seek additional funding authority after contract execution.

Overall Interim Recycling Costs
The overall interim recyclable materials transferring and processing services cost is estimated at slightly over $2 million in the first year and $1 million for the six months in the second year. This amount includes a 30% contingency to address any unforeseen circumstances during this interim period, including a potentially increased amount of materials collected at curbside due to the closure of the Buy-Back Center. Any unused funds set aside for these contracts will be released back to the Resource Recovery and Recycling Fund.

Estimated Interim Recycling Cost (July 1, 2019 – December 2020) Service & Service Provider FY 2019-20 FY 2020-21
(6 Months)
18-Month
Total
Recyclables Transferring: SCD $600,000 $300,000 $900,000 Recyclables Processing: American Reclamation $1,470,000 $730,000 $2,200,000 $2,070,000 $1,030,000 $3,100,000

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Past Council Actions
May 28, 2019
(Attachment A)
Council directed staff to reject proposals for recyclable materials processing services and return with recyclable materials processing and Buy-Back Center options
November 25, 2008
(Attachment B)
Council awarded contracts to Southern California Disposal and Cedarwood-Young Inc. dba Allan Company for transfer and recycling services
Financial Impacts and Budget Actions
Materials Transferring – Southern California Disposal
Contract Action
Based on the estimated costs outlined above, staff recommends increasing the total contract authority of SCD’s contract #9011 (CCS) by $900,000 through a second modification, which increases the not-to-exceed contract amount from $36,000,000 to $36,900,000 for the interim transferring services of recyclable materials through December 2020 and transferring services of refuse, organics, construction and demolition debris through December 2026. The revised estimated contract expense for FY 2019-20 is $3,660,000.

Contract Modification Request: Agreement # 9011 (CCS)
Current
Authorized
Amount
FY 2019-20
Modified
Request
Amount
Future Year
Funding Account # Total Revised Contract Amount
$36,000,000 $600,000 $300,000 54500002.550150 $36,900,000 Budget Action
Staff recommends an additional budget appropriation of $600,000 in FY 2019-20 and $300,000 in FY 2020-21 in account number 54500002.550150 to cover the cost of interim recyclable materials transferring. Any unused budget amounts will return to the Resource Recovery and Recycling Fund.

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Interim Recyclable Materials Processing – American Reclamation Contract Action
The total cost of American Reclamation’s processing services is estimated at an amount not to exceed $1,470,000 in FY 2019-20 and $730,000 in FY 2020-21, including a 30% contingency. (The interim recyclable materials processing arrangement expires six months into FY 2020-21, hence the lower estimated expense in the second year.) Since American Reclamation’s contract was originally established at $250,000 and the total estimated contract cost is $2,200,000, staff recommends modifying American Reclamation’s contract #4603 to increase the total contract authority by $1,950,000 for interim processing services of recyclable materials through December 2020.

Contract Modification Request: Agreement # 4603
Current
Authorized
Amount
FY 2019-20
Modified
Request
Amount
Future Year
Funding Account # Total Revised Contract Amount
$250,000 $1,220,000 $730,000 54500002.523010 $2,200,000 Budget Action
Staff seeks authority for an additional budget appropriation of $556,000 to account 54500002.523010 in the Resource Recovery and Recycling Fund in FY 2019-20 for this unbudgeted expense. Any unused budget amounts will return to the Resource Recovery and Recycling Fund, and future year budget action requests can be evaluated at a later time upon Council approval.

Prepared By: Yvonne Yeung, Principal Administrative Analyst Approved Forwarded to Council

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Attachments:

A. May 28, 2019 Staff Report - Recyclable Materials Processing Services B. November 25, 2008 Staff Report - SCD and Allan Company Contract Awards C. Oaks Initiative Disclosure - Southern California Disposal D. Oaks Initiative Disclosure - American Reclamation

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Attachment: November 12, 2019 Staff Report (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Materials Transfer

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Attachment: July 17, 2013 Notice to Proceed (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Materials Transfer

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Attachment: July 17, 2013 Notice to Proceed (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Materials Transfer

SERVICE AGREEMENT

BY AND BETWEEN

CITY OF SANTA MONICA,
a California municipal corporation
AND
SOUTHERN CALIFORNIA D.ISPOSAL COMP ANY,
a California corporation
F:\MunlclpolLaw\Share\CONTRACTSIEM\SOLID WASTE\Southem California Disposni\SCD 112408( C). docx

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TABLE-OF CONTENTS
page
ARTICLE I DEFINITION OF TERMS ........ · .................................................................................. 6 Section I.I Certain Defined Terms ................................................................................ 6 ARTICLE II GOALS .................................................................................................................... 13 Section 2.1 · Diversion Goals ......................................................................................... 13 Section 2.2 Sustainability Goals.············································:························~············ 14 Section 2.3 Trust and Confidence ................................................................................. 14 Section 2.4 Standard of Care ......................................................................................... 14 ARTICLE III IBRM OF AGREEMENT ..................................................................................... 14 Section 3.1 Initial Term ................................................................................................ 14 Section 3.2 Options To Extend ................................................... · .................................. 15 Section 3.3 Exercise of Options ................................................................................... 15 Section 3.4 Termination Date ....................................................................................... 15 ARTICLE IV GENERAL ROLES AND RESPONSIBILITIES OF THE PARTIES .................. 16 Section 4.1 Development of Transfer Station and Self Haul Facility ........•................. 16 Section 4.2 Santa Monica Residential and Commercial Collection ............................. 17 Section 4.3 Operation of Scales .................................................................................... 17 Section 4.4 Materials ManagementDatabase ............................................................... 17 Section 4.5 Video Monitoring ....................................................................................... 18 Section 4.6 Permits and Licenses ....... : ......................................................................... 18 Section 4.7 Cooperation ........................................................................................ : ....... 18 ARTICLE V OBLIGATIONS OF CONTRACTOR .................................................................... 18 Section 5.1
Section 5.2
Section 5.3
General Obligations ........... _ ......................................................................... 18 Priority of Santa Monica Generated Material ............................................ 19 Standards for Operation of the Transfer Station
and the Self Haul Facility .................................. ; ....................................... 19 Section 5.4 Equipment and Operators ........................................................................... 20 Section 5.5 Responsibility to Load Separately ............................................................. 20 Section 5.6 Hazardous Materials ......... , ........................................................................ 20 Section 5. 7 Hauling ...................................................................................................... 20 Section 5.8 Alternative Fuel Requirements .................................................................. 20 Section 5.9 Disposal Facility Designations .................................................................. 21 Section 5.10 Loading Operations .. , ................................................................................ 21 Section 5.11 Respond to Emergency Debris Removal ................................................... 21 Section 5 .12 Responsibilities for Processing Functions ................................................. 21 Section 5.13 Public Information and Education Support ............................................... 22 Section 5.14 Hours of Operation ....................................................................... ; ............ 22 Section 5.15 Customer Service .................................. ; ................ , .............................. ~ .... 22 Section 5.16 Safety Obligations ..................................................................................... 23 Section -5.17 No Nuisance .............................................................................................. 23 Section. 5.18 Compliance with Applicable Laws ...................... , ..................................... 23 ARTICLE VI PAYMENTS· AND FEES ....................................................................................... 24 Section 6.1
Section 6.2
Payments and Fees from City ......................... '.·················· ....................... 24 Disposal/Recovery Facility Cost. : ............................................................. 25 - 1 -

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Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Section 6.3 Payment for City Equipment. .. , ................................................................. 25 SeGtion 6.4 Monthly Invoices ....................................................................................... 25 Section 6.5 Favored Nation Pricing Policy .................................................................. 25 ARTICLE VII RECORDS AND REPORTING REQUIREMENTS ............................................ 26 Section 7 .1 Computerized Records ........................ : ..................................................... 26 Section 7.2 Books and Records: Audits ...................................................................... 27 Section 7.3 Integrated Waste Management Act; Reporting Requirements .................. 27 Section 7.4 Activities and Financial Reports; Adverse Information ............................ 28 ARTICLE VITI CONTRACTOR'S PERSONNEL OBLIGATIONS ........................................... 31 Section 8.1 Operating Personnel. ................................................................................. 31 Section 8.2 Management and Supervisory Personnel Assigned to the Contract.. ........ 31 .

Section 8.3 Employee Behavior ......... ; ........................................................................ .32 Section 8.4 Training of Employees .............................................................................. 32 Section 8.5 Employee Uniforms ........................................ :··········································33 Section 8.6 Substance Abuse Awareness Plan ............................................................. 34 ARTICLE IX INSURANCE AND BONDS ................................................................................. 34 Section 9.1 Insurance Requirements ............................................................................ 34 Section 9.2 Bond Requirements .................................................... , ............................... 34 ARTICLE X INDEJ\.1N'ITY ........................................................................................................... 35 ARTICLE XI PROHIBITION AGAINST TRANSFERS .......... ; ... : ............................................. 35 Section 11.1 Prohibition Against Transfer ..................................................................... 35 Section 11.2 Right of First Refusal .............................................................................. .".36 Section 11.3 Prior Consent for Transfer ......................................................................... 36 Section 11.4 Termination Option .................................................................................. .36 ARTICLE XII TAXES .................................................................................................................. 37 ARTICLE XIII NOTICES .................................•........................................................................... 37 · Section 13.1 Notices ....................................................................................................... 37 ARTICLE XIV DEFAULT AND TERMINATION ..................................................................... 39 Section 14.1 Contractor's Performance ......................................................................... .39 Section 14.2 Default by Contractor .......................................................... : ..................... 39 Section 14.3 Default by City .......................................................................................... 41 Section 14.4 Termination for Convenience ................................................................... .42 Section 14.5 Restoration of City Property and Public Right of Ways ......................... '..42 ARTICLE XV MISCELLANEOUS PROVISIONS .................................................................... .42 Section 15.l City's Right to Inspect and Approve ........................................................ .42 Section 15.2 Living Wage .............................................................................................. 43 Section 15.3 Oaks Initiative: ........................................................................................... 43 ARTICLE.XVI MISCELLANEOUS PROVISIONS ....................................... .' .......................... .43 Section 16.1 Applicable Law .......................................................................................... 43 Section 16.2 Titles for Convenience ..........................•................................................... .43 Section 16.3 Severability ................................................................................................ 43 Section 16.4 Successors and Assigns ............................................................................. 43 Section 16,5 Interpretation ....................................... · ...................................................... 44 Section 16.6 Survival .................................................................... : ................................. 44 Section 16.7 Entire Agreement. ................... : .................................................................. 44 Section 16.8 Governmental Powers ................................................................................ 44 - 11 -

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Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Section 16.9 IndependentParty ....................................................................................... 44 Section 16.10 Force Majeure ............................................................................................ 44 Section 16.11 Recitals and Exhibits ................................................................................ .45 ARTICLE XVII DISPUTE RESOLUTION ......... · ..... , ............................................ .-..................... 45 Section 17 .1 Dispute Resolution for Customer Complaints .......................................... .45 Section 17.2 Dispute Resolution Procedure for Contract Disputes ............................... .45 -m4.A.d
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SERVICE AGREEMENT

BY AND BETWEEN

CITY OF SANTA MONICA AND

SOUTHERN CALIFORNIA DISPOSAL COMP ANY
This Service Agreement is entered into on 2.. ,!i day of fe_ce,..k-.r, 2008 (''Execution Date"), by and between the CITY OF SANTA MONICA, a California municipal corporation ("City"), and SOUTHERN CALIFORNIA DISPOSAL COMP ANY, a California corporation ("Contractor" or "SCD"), with respect to the following:

RECITALS:

A. City is a municipal corporation duly organiz~d and validly existing under the laws of the State of Califo~a 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 City.

B. Pursuant to the Integrated Waste Management Act of 1989 ("AB 939"), as amended, Public Resources Code Sections 40000 et seq., the Legislature of the State of California established a solid waste management process which requires cities and other local jurisdictions to implement plans for source reduction, reuse and recycling. The City has been conducting solid waste activities through its Solid Waste Management Division in accordance with state law.

C. On or about February 11, 2003, the Santa Monica City Council unanimously adopted the Santa Monica Sustainable City Plan ("Sustainable Plan"), which was thereafter revised on October 24, 2006. The Sustainable Plan; as rev1sed, constitutes a comprehensive update and expansion of the Sustainable City Program adopted by the City Council in•I994. The Transfer Station Facility and Self Haul Facility, as described further herein, are intended to function in coordination with the Recycling and Drop Off Center, also described further herein, to meet the overall objective of reaching the diversion goals as set forth in the Sustainable Plan, and in accordance with the California Integrated Waste Management Board (CIWMB) standard, as soon as practical. As of the Execution Date, the City's diversion goal is seventy percent (70%) by the year 2010.

D. Contractor is a corporation duly organized and in good standing in the State of California. Contractor represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Agreement. Contractor currently owns and operates a private solid waste transfer station located at 1908 Frank Street, Santa Monica ("SCD Transfer Station"). The SCD Transfer Station is located on real property owned by the Contractor, and also located across the street from the City's Solid Waste Transfer Facility.

E. The City is the owner of real property located at the Santa Monica City Yards utilized, in part, as a municipal Solid Waste Transfer Facility and Recycling Center. For the past three years, the City has conducted public study sessions to examine ways to improve municipal solid waste transfer operations, recycling operations, and commercial collections.

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Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection F. On or about January 22, 2007, the City issued a Request for Proposals for Contract Services for Transfer Services for Recycling and Disposal ("Recycling and Transfer RFP"), which solicited multiple options in connection with the recycling operations, solid waste transfer operations, and commercial collection. Concurrently, the City issued a Request for Proposals for Contract Services for Commercial Collection ("Commercial Collection RFP").

Through the Recycling and Transfer RFP, and the Commercial Collection RFP, the City sought to examine ways to improve the recycling operations, solid waste transfer operations, commercial collection, and various other issues related to recycling and municipal solid waste operations.

G. In response to the Recycling and Transfer RFP, the City received proposals from · the City's Solid Waste Management Division and from private contractors, including the Contractor herein. SCD's proposal included, in part, the consolidation of the municipal solid waste into SCD's Transfer Station as such consolidation would significantly reduce local traffic and would be authorized within the tonnages permitted by SCD's current Solid Waste Facility Permit.

H. The Santa Monica City Council held a public hearing on October 30, 2007, and at the hearing, instructed staff to explore the formation of a private public partnership for recycling and solid waste transfer services. Thereafter, on November 27, 2007, the City Council awarded commercial collection service to the Solid .Waste Management Division. At a subsequent hearing on May 22, 2008, the City Council authorized discussions with SCD for SCD to perform municipal solid waste transfer services at an expanded SCD Transfer Station, and to operate the self-haul services. The City Council also authorized discussions with another contractor, Cederwood-Young, doing business as Allan Company, for recycling operations at a reconfigured site of a portion of the City Yards.

I. Accordingly, the City and Contractor desire to enter into this Service Agreement for the Contractor to provide the solid waste transfer services and self-haul services as set forth herein.

J. Independent of this Services Agreement, SCD intends to and will file an application to expand its existing SCD Transfer Station as follows: SCD will remove the north wall of the existing two-sided metal panel building and expand the tipping floor to the north.

The expanded transfer station building will be, at a minimum, a larger three sided metal panel building with an open front (eastern) face. An extension of the south wall of the building is proposed to be provided to the east and will serve as a screen wall for traffic along the Santa Monica Freeway. This SCD Transfer Station expansion is functionally independent of the solid waste transfer services and self-haul services that would be contemplated by this Service Agreement. In addition, the performance of these services is not a reasonably foreseeable consequence of SCD's expansion.

K. In addition to the other contingencies identified in this Services Agreement, any provision of the solid waste transfer services and self-haul services and any construction of the facilities thereto completed as part of this Services Agreement will also be contingent upon 5 4.A.d
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compliance by the City and with tlre California Environmental Quality Act ("CEQA"), receipt of all necessary approvals required by Applicable Laws, the expiration of the applicable period for any challenge to the adequacy of the City's compliance with CEQA, as well as the approval for the funding of any public improvements on the City Yards and adjacent public property and appropriation of such funding. Any provision of the solid waste transfer services and self-haul services and construction of facilities thereto contemplated as part of this Service Agreement shall not commence unless and until the City's compliance .with CEQA is completed and there is no possibility of a challenge to CEQA. Neither party is bound to proceed under this Services Agreement unless and until the City's compliance with CEQA is completed and there is no possibility of a challenge pursuant to CEQA. ·

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

ARTICLE I

DEFINITION OF TERMS
Section 1.1 Certain Defmed Terms.

1.1.1 The terms "AB 939" and "Act" shall mean the California Integrated Waste Management Act of 1989, codified in part at California Public Resources Code Sections 40000 et seq., as it may be amended and implemented by the regulations of the California Integrated Waste Management Board, or its successor agency.

1.1.2 The terms "Acceptable Material" and "Acceptable Material/Waste" shall mean City of Santa Monica Municipal Solid Waste other than those materials defined as Unacceptable Material.

1.1.3 The term "Acceptance Testing" shall mean the tests for Acceptance as set forth in Exhibit 6.
· 1.1.4 The term "Applicable Laws" shall mean all applicable federal, state and municipal laws, statutes, codes, ordinances, rules, regulations and orders of Governmental Authorities having jurisdiction of the project, SCD's Transfer Station, services, Contractor, or City including,·without limitation, California Integrated Waste Management Act, Public Resource Code Sections 40000 et seq;, Solid Waste Facility Standards, California Public Resources Code §4300, et seq., the Americans with Disabilities Act of 1990 ("ADA"), 42 tJ.S.C. Sections 12101 et seq., Title 24, California Code of Regulations, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. §§ 9601-9675), the Resource Conservation and Recovery Act, as amended (42 U.S.C. §§ 6901- 6992k), the Hazardous Materials Transportation Act, as amended (49 U.S.C. § 5101 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §§ 1251-1307), the Clean Air Act, 6 4.A.d
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Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection as amended (42 U.S.C. §§ 7401-7671q), the Toxic Substances Control Act, as amended (15 U.S.C. §§ 2601-2692), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X), 15 U.S.C. §§ 2681-2692 and also 42 U.S.C. §§ 4851-4856, the Lead Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4821-4846), the Indoor Radon Abatement Act, 15 U.S.C. §§ 2661- .2671, and the Safe Drinking Water Act (Health & Safety Code§ 116270 et seq.), CAL-OSHA, and all similar federal, state and local statutes and regulations.

1.1.5 The term "Average Fuel Price" shall mean the average fuel price per gallon paid by Southern California Disposal for fuel delivery or deliveries in a given month which shall include Federal and State Excise Taxes, Sales Taxes and other charges billed by the fuel supplier or suppliers.

1.1.6 The term "Bulky Waste" shall mean stoves, refrigerators, water tanks, washing machines, broken furniture, automobiles and automobile parts or similar bulky materials individually having weight greater than fifty pounds per item and/or not fitting in the containers.

1.1. 7 The term "Calendar Year" shall mean a twelve consecutive month period commencing on January 1 and continuing through December 31 .of a given year.

1.1. 8 The term "City" shall mean the City of Santa Monica, acting in its proprietary, rather than regulatory capacity, and shall include its City Council, boards and commissions, officers, agents, employees, representatives, and volunteers.

1.1. 9 The term "City Approved Processing Facility" shall mean the Disposal/Recycling facility or facilities specified by the Director of Public Works where the Contractor shall dispose/recycle of all solid waste materials transferred under this Agreement.

1.1.10 The term "City Yard" shall mean the property at 2500 Michigan A venue, Santa Monica, California.

1.1.11 The term "Collection Vehicles" shall mean ·a vehicle used to collect Municipal Solid Waste.

1.1.12 The term "Commencement Date" shall mean the date the Notice to Proceed is signed by the Mayor or City Manager.

1.1.13 The term "Commercial Solid Wastes" shall mean all types of solid waste generated by stores, offices, and other commercial sources, and shall exclude solid waste generated by residences.

1.1.14 The terms "Consumer Price Index/' "CPI," or "Consumer Price Index (CPI) of the Los Angeles Metropolitan Area" shall mean the CPI published at www.bls.gov/cpi for the Los Angeles-Riverside-Orange area, and shall mean the percentage increase in the cost of living index as measured by the Consumer Price Index for All Urban Consumers, Less Energy - Los Angeles - Anaheim - Riverside, Orange . County, California, published by the Bureau of Labor Statistics of the United States Department of Labor (1982-1984 = 100). In the event the CPI 7 4.A.d
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1.1.15 The term "Contract Documents" shall refer to the following collection of documents: (i) the Agreement between City and Contractor, including the exhibits attached hereto; (ii) the Performance Bond and Quaranty Agreement; and (iii) any amendments or modifications executed after the Execution Date of this Agreement.

1.1.16 The term "Contractor" shall mean Southern California Disposal Company, a California corporation.

1.1.17 The term "Day(s), whether capitalized or not, refers to a.calerndar day unless otherwise specifically designated as a w~rk or business day.

1.1.18 The term "Director of Public Works" shall mean the Director of Public Works, or his/her designated representative.

1.1.19 The term "Disposal/Recycling" shall mean the delivery of Solid Waste to a City Approved Disposal Facility or facilities.

1.1.20 The term "Drop Off Program and the Buy Back Program" shall mean the City's or a City's Contractor's operation and maintenance of citizens drop off of recyclable materials and buy back and redemptions of recyclable materials.

1.1.21 The term "Extension Option" shall mean the City's option to extend the term of this Agreement pursuant to Section 3.3 after the expiration of the fifteen (15) year Term of Operations of this Agreement or extensions· thereof.

1.1.22 The term "Food Waste" shall mean uneaten food and food preparation wastes from residences and from commercial establishments, including, but not limited to, grocery stores, restaurants, produce stands, schools, institutional cafeterias and kitchens, and employee lunchrooms.

1.1.23 The term "Fiscal Year" shall mean a twelve consecutive month period commencing on July 1 and continuing through the next June 30 of the following year.

1.1.24 The term "Fuel Index Multiple" shall mean the Fuel Index Multiple stated in Section 6.1.2 for each Group.
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1.1.25 The term "Garbage" shall mean putrescible waste and includes every accumulation of both animal and vegetable matter, liquid or otherwise, that attend the preparation, use, cooking, dealing in or storage of meats, fish, fowl, fruits or vegetables, tin cans or other containers originally used for food stuffs.

1.1.26 The term"Govemmental Authorities" shall mean the United States, State of California, the City of Santa Monica (acting in its regulatory capacity, rather than proprietary capacity), County of Los Angeles and any other political subdivision, agency, department, commission, board, bureau or instrumentality of any of them, which exercises jurisdiction over the SCD's Transfer Station, Services, Contractor or City.

1.1.27 The terms "Green Waste" and "Yard Waste/Organics" shall mean leaves, grass clippings, prunings, tree trimmings and other natural organic matter discarded from yards and gardens. Green waste may also include stumps and brush.

1.1.28 The term "Hauler" means a Person or Company engaged in the transportation of Contract Waste from a Facility to the Processing Site.
' 1.1.29 The term "Hauling Cost Non-Fuel Component" shall mean the amount specified in Section 6.1.2 for a given facility based on that Facility's Group assignment as specified in Exhibit 13, and shall be annually adjusted by the CPI at the end of each calendar year.

1.1.30 The term "Hauling Price Fuel Component" shall mean the Fuel Index Multiple times Average Fuel Price.

1.1.31 The term "Hazardous Waste" shall mean a waste material. or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Sections 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Sections 6901 et seq., the Carpenter-Presley-Tanner Hazardous Substance AccountAct (HSAA"), codified in the California Health and Safety Code Sections 25300 et seq., and all future amendments of them, or as defined by the California Integrated Waste Management Board, or the Department of Toxic Substances Control, or a successor agency. If there is a conflict in the definitions employed by · two or more agencies having jurisdiction over hazardous or Solid Waste, then the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition.

1.1.32 The term "Household Hazardous Waste Facility" shall mean the location for residents of the City to Drop Off unwanted materials. The location of the Household Hazardous Waste Facility shall be incorporated into the Drop Off Center area as set forth more fully in the Project Description attached as Exhibit 1, which may be amended by the City during the design and construction phases, and from time to time thereafter.

1.1.33 The terms "Landfill" or "Landfills" shall mean any and all portions of the landfill(s) that are approved by the City as a disposal facility, or identified by the City's disposal contractor as a backup facility for Solid Waste Disposal. 9 4.A.d
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1.1.34 The term "Legal Holidays" shall mean those holidays observed by the City of Santa Monica consisting ofNew Year's Day, President's Day, Martin Luther King Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas, as may be amended or supplemented from time to time.
· 1.1.3 5 The term "License" shall mean permission granted by City for the collection, transportation or removal of Solid Waste, or for ownership or operation of any Solid Waste Disposal or Recycling facility.

1.1.36 The term "Licensee" shall mean any Person holding a License.

1.1.3 7 The term "Losses" or "Loss" shall mean and refer to any and all losses, costs, liabilities, claims, damages, actions, judgments, settlements, expenses, fines and penalties.

1.1.3 8 The term "Materials Recycling Facility" or "MRF" shall mean and refer to the Recycling and Drop Off Center defined in Section 1.1.50.

1.1.39 The term "Municipal Solid Waste (MSW)" shall mean any Qarbage, Refuse, industrial lunchroom or office waste, household waste, household ·hazardous waste, green waste, · and any other material resulting from the operation of residential, municipal, commercial, or institutional establishments and from community activities which are required to be disposed of in a permitted landfill, as defined in regulations adopted pursuant to California code; provided, however, that "Municipal Solid Waste" does not include the following: (A) radioactive waste; (B) hazardous waste; (C) infectious waste; and (D) industrial process waste, which does not include office, domestic, or cafeteria waste.

1.1 .40 The term "Notice to Proceed" shall mean a dated, written, letter issued by the Director of Public Works authorizing the Contractor to proceed with the transfer services and self-haul services set forth in this Agreement.

1.1 A 1 The term "Operating and Maintenance Manual" shall mean documentation describing operations and maintenance of provided service.

1.1.42 The term "Operating Services" shall mean collectively the services required to be provided by the Contractor pursuant to this Agreement.

1.1.43 The term "Operations Date" shall mean the date on which Contract for operations service commences which will be set forth in the City's Notice to Proceed.

1.1.44 The term "Operations Plan" shall mean the detailed plan for achieving the diversion goals as more fully set forth in Section 2.1.2 of this Agreement, and which shall be submitted by the Contractor on an annual basis for the City's review and approval.

1.1.45 The term "Performance Standards" shall mean the standards forperformance set · forth in this Agreement as well as the performance specifications set forth in Exhibit "11" attached hereto.
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1.1.46 The term "Permits" shall mean the applicable approvals~ authorizations, certifications, Licenses and Permits issued by federal, State or local governmental authorities required by City and/or the Contractor to perform the scope of services ·set forth in this Agreement.

1.1.47 The terms "Process," "Processed" or "Processing" shall mean the handling of Acceptable Materials at SCD's Transfer Station or City Approved Processing Facility.

1.1.48 For purposes of this Service Agreement, the term "Project" shall mean and refer to the building and improvements to be constructed at the SCD's Transfer Station as more fully set forth in the Project Description attached hereto as Exhibit "1" to provide all of the Services as set forth in this Agreement. This definition and use of this term is separate from, and not intended to in any way indicate, a "project" under the terms of the California Environmental Quality Act ("CEQA").

1.1.49 The terms "Recyclables" or "Recyclable Materials" shall mean those materials which would otherwise become Solid Waste and which may be collected, separated and/or processed and returned to the economic mainstream in the form of raw materials or products.

Materials may include, but are not limited to, paper, cardboard, metal cans, 'plastic bottles, and glass bottles.

1.1.50 The term "Recycling and Drop Off Center" shall mean the Recycling Project as more fully described in the concurrently executed Service Agreement by and between the City of Santa M_onica and Cederwood-Young Company, a California corporation, doing business as Allan Company.

1.1.51 _ The tertn "Refuse" shall mean any putrescible (Garbage) or non-putrescible (Rubbish) Solid Waste.

1.1.52 The term "Rubbish" shall mean and inc!udes all non-putrescible Solid Waste consisting of both combustible and noncombustible waste, such as paper, cardboard, glass, crockery, excelsior and similar materials. It does not include bulky waste.

1.1.53 The term "Rules and Regulations" mean State and local requirements of any operator with respect to the management of Acceptable Waste at the Facility.

1.1.54 The term "Schedule" shall mean any exhibit, attachment, form, schedule or annex, which is attached to, incorporated in, or made a part of this Agreement.

1.1.55 The term "Self Haul Facility" shall mean an ar~a to be designated by the City on City property, which shall be operated by the Contractor to enable members of the public to drop off miscellaneous waste, Green Waste, and construction and demolition debris.

1.1.56 The term "Select Commercial Loads" shall mean mixed solid waste loads that are collected from specifically identified commercial collection routes consisting only of stops identified as particularly rich in recyclable materials (over 50% recoverable/recyclable goods) and that are designated to be sorted into residue and "further recovery processing" at the MRF. 11 4.A.d
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1.1.57 The term "Solid Waste" shall mean all Garbage and Rubbish generated by all municipal, commercial or industrial sources, and other such similar and related materials, except those excluded by the California law, but does not include recovered materials or Unacceptable Material. .

1.1. 5 8 The term "Solid. Waste Operations Manager" shall mean Manager of the So lid Waste Management Division, or his/her designated representative.

1.1.59 The term "State" shall mean the State of California.

1.1.60 The term "Term," including "Initial Term" and "Extension Term," as set forth in Article III, shall refer to a period of fifteen (15) calendar years.

1.1.61 The term "Ton" shall mean a short ton of2000 pounds.

1.1.62 The term "Tpd" shall mean tons per day.

1.1.63 The term "Tpy" shall mean tons per year.
1 :I .64 The term "Transfer Station" or "SCD Transfer Station" shall mean the facility owned and operated by So'uthem California Disposal Company located at 1908 Frank Street, Santa Mon.foa, California. Such facility is further described in the Project Description attached hereto as Exhibit "l"

1.1.65 The term "Transfer Services" shall mean any or all services that are more fully set forth in this Agreement for solid waste transfer and disposal/recycling.

1.1.66 The term "Trash" shall mean any combination of Garbage (putrescible) and Rubbish (non-ptitrescihle) Solid Waste.

1.1.67 The term "Unacceptable· Material" shall mean material that is not allowed to be discarded in Trash, including, but not limited to hazardous waste, infectious waste, radioactive waste, industrial process waste, and any other material that is excluded from the definition of Municipal Solid Waste in the California code.

1.1.68 The term "Uncontrollable Circumstance" shall mean any act, event or condition occurring on or after the date on which this Agreement is executed that has had, or may reasonably be expected to have, a material and adverse effect if such act, event or condition is beyond the reasonable control of the party relying thereon as justification for not performing under the Agreement and has not been caused in part or in whole by such party. Uncontrollable Circumstances shall include the following:
( a) Force Majeure landslide, lightning, earthquake, fire, explosion, flood, nuclear radiation, acts of a public enemy, war, blockade, insurrection, riot or civil 12 4.A.d
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Section 2.1 Diversion Goals .

ARTICLE II
GOALS
. 1 Diversion Goals. Contractor will assist the City in achieving the diversion goals in compliance with the standards established by the CIWMB or Local Enforcement Agency ("LEA"), and as established by the City Council. At the execution of this Agreement, the City's diversion goal is seventy percent (70%) by the year 2010 utilizing the current method by the CIWMB; however, this goal may be amended from time to time. During the term of the Agreement, the City reserves the right to increase or decrease such percentage, in its sole discretion, in order to comply with Applicable L~w, and to promote its sustainability goals as may be modified from time to time .
. 2 Operations Plan. By January 31 of each Year, Contractor shall provide a detailed Operations Plan for achieving diversion goals, including hauling plans and agreements with off-site processors and· disposal locations. Such Operations Plan shall be in a form similar to the Contractor's proposed Transfer/Processing Report for the Recycling and Transfer Station to the Local Enforcement Agency ("RSI Report"), a copy of which is attached hereto as Exhibit "2" and incorporated herein by reference. Amendments or modifications to said RSI Report. for the services provided to the City pursuant to this Agreement shall be approved in advance by the City.
.3 Consultation and Cooperation. In furtherance of the mandatory diversion goals, the parties will work cooperatively regarding operations of the Self-Haul Facility and the Transfer Station as they pertain to the services to the City. 13 4.A.d
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. 1 Through the consolidation of the solid waste transfer activities, the parties seek to further the City's sustainability goals by reducing the amount oflocal vehicular traffic. The consolidation of solid waste transfer activities is possible within the currently existing tonnage limits of SCD's Solid Waste Transfer Permit as defined in Section 4.6, and without any · expansion thereof. In addition, the parties will work cooperatively to reduce, if possible, fuel costs for the operation of Contractor's vehicles for solid waste transfer activities and the City's collection services.

Section 2.3 Trust and Confidence.

Contractor accepts the obligation of trust and confidence established between it and City by this Agreement and shall act in the best interests of City, in carrying out its duties and responsibilities under this Agreement, including, without limitation, assisting with the design.and construction of the Self-Haul Facility, including operation of the scales, the furnishing of efficient business administration, sufficient senior level management and other qualified personnel to complete its obligations in an expeditious and economical manner and within the Project Timeline attached hereto and incorporated herein as Exhibit "5," and to perform the services set forth herein in accordance with this Agreement.

Section 2.4 .Standard of Care.

Contractor and City shall perform all its obligations under the Agreement in accordance with the highest standard of care applicable to the performance of services required by this Agreement. In the event portions of the services are to be performed in accordance with a specific performance standards, such services shall be performed so as to achieve such standard.

Section 3.1 Initial Term.

ARTICLE Ill

TERM OF AGREEMENT
The Initial Term shall be for fifteen ( 15) years and shall commence from the issuance of ;:i Notice to Proceed by the City (''Commencement Date"), and end fifteen calendar years thereafter, unless earlier terminated as set forth in this Agreement or extended pursuant to the Options to Extend in Section 3.2, below. In the event of an exercise of an Extension Option in compliance with Section 3.3, then the Initial Term shall be extended for the length of the Extension Option. The parties agree to memorialize the Commencement Date for the Initial Tenn pursuant to an amendment to this Agreement. Neither party shall have any obligation for the provision of solid waste transfer serv_ices and self-haul services under this Services Agreement until the Commencement Oate.
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Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Section 3.2 Options To Extend.

Provided that Contractor is in full compliance with the terms and conditions of this Agreement, the City shall have three options to extend the term of this Agreement, in its sole and complete discretion, each for an additional period of five years ("Extension Term") after the Termination Date on the same terms and conditions set forth in this Agreement, except as otherwise specified herein.

Section 3.3 Exercise of Options .
.1 In Year 11 of the Initial Terin, the City shall meet to confer with the Contractor to assess the performance of Contractor's services set forth in this Agreement. Any problems with the performance of the services or recommendations for improvement shall be communicated to the Contractor in Year 11 or before the exercise of the Extension Option set forth herein . . 2. If the City decides to exercise an Extension Option, City shall deliver in writing confirmation of that decision at least twelve (12) months prior to the expiraµon of the current Term or Extension Term, if any, by delivery to Contractor in writing of its irrevocable exercise of such Extension Option; if the Extension Option is not so duly exercised, such Extension Option shall automatically expire and shall be of no further force or effect. .3 The notice of exercise of the Extension Option shall not be effective unless on the date such notice is given all of the following conditions precedent are met: (a) this Agreemei:it is in full force and effect; and (b) Contractor is not then in default under any of the terms and provisions of this Agreement .
.4. Prior to the exercise of the Extension Option, the City may elect to (i) review its diversion goal and to assess a revised goal applicable during the Extension Term and (ii) review the payment schedule and if the payments are not commensurate with rates provided by comparable providers to other municipal entities, then to renegotiate such rates to the satisfaction and approval of both parties.

Section 3.4 Termination Date.

Unless earlier terminated in accordance with the provisions hereof and subject to the Extension Options set forth above, this Agreement shall terminate at midnight fifteen Calendar Years after the issuance of the Notice to Proceed, without the necessity of any notice from the City. In the event the Term is extended pursuant to Section 3.2, this Agreement shall terminate at midnight on the last day of each applicable Extension Term. 15 4.A.d
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ARTICLE IV
GENERAL ROLES AND RESPONSIBILITIES o ·F THE PARTIES
Section 4.1 Development of Transfer Station and Self Haul Facility . . 1 Project Description and Location. The Transfer Station and tlie_ Self Haul Facility are more fully described in the Project Description attached as Exhibit "1." Contractor is responsible for the overall development and implementation of the facilities and infrastructure improvements consisting oftlie Transfer Station, as more specifically defined in the Project Description; The conceptual general layout of the overall site plan and location of improvements and operations are more fully set forth in the Project Description and the Preliminary Site Plan attached hereto as Exhibit "4," and may be subject to change during the development process, and subject to regulatory approval, including modifications resulting from the City's compliance with CEQA. At this preliminary stage, the parties have discussed the possible components: (i) SCD will proceed with its application to expand its existing SCD Transfer Station in accordance with Recital J and Exhibit II l II on real property owned and operated by Contractor; (ii) that the Self-Haul Facility will be located on real property owned by the City; and (iii) that the two new vehicle scales will be located on in Frank Street ( a currently existing public right of way).· The City shall be responsible for the design, permitting, construction and financing of the Self~Haul Facility, and public right of ways, in consultation with Contractor. Contractor shall be responsible for the design, permitting, construction, and financing of the Transfer Station, at its sole cost and expense, after consultation with the City in its proprietary capacity . . 2 · Ownership and Operation. Contractor will continue to own and to operate its Transfer Station, and will expand its operations to include transfer services for the City's Mixed Solid Waste, Green Waste, Construction and Demolition Debris, Food Waste, and other Acceptable Materials. The City will continue to own the portions of real property consisting of the Self-Haul Facility and the pubHc right of ways. Upon completion of construction, Contractor will operate the Self-Haul Facility on City property and the Transfer Station on Contractor property. It is expressly understood by and between the parties that this Agreement is for services only and under no circumstance will this Agreement ripen into a lease or easement (whether under claim of prescriptive right or.otherwise) or otherwise transfer or convey any real property or property interest whatsoever between the parties . . 3 Responsibilities During Design Development. During the design development period of the Transfer Station, City staff and its designated contractor(s) and consultant(s) will be part of the development team and provide its input into the design for the Transfer Station. · As part of the design team, City, in its proprietary capacity, will assist during the construction phase and acceptance testing to ensure that the facilities and equipment for the Transfer Station are fully functjonal for its intended use .
. 4 Acceptance of Transfer Facility by City. Contractor shall notify the City of the completion of the construction of the Transfer Station and that all of the conditions of Exhibit "6" have been met. The City shall accept or reject the Transfer Facility within ten (10) Days of receipt of the Contractor's notice.
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Section 4.2 Santa Monica Residential and Commercial Collection.

The City will be responsible for the collection of Solid Waste and Recyclable Materials and Selected Commercial Loads generated and set out for collection from all residences (single family and multi-family), commercial, and business, institutional and governmental establishments in the City. During the Initial Term and Extension Terms, if any, and subject to the provisions of Uncontrollable Circumstances defined in Section 1.1.68, for any Solid Waste and Recyclable Materials collected by the City, the City will deliver all loads designated for delivery to Contractor in Exhibit "3" only to the Contractor pursuant to this Agreement.

Section 4.3 Operation of Scales .
. 1 Operation and Maintenance of Scales. Contractor shall install, operate and maintain, at its sole cost and expense, the scales or weighing system, including the weigh scale electronics, and associated computer software in accordance with the provisions of Article XII.

Contractor will be responsible for the operation and maintenance of all scales, video monitoring system, and materials management database that serve the Transfer Station and Self-Haul Facility, and shall have the obligation to review periodically the accuracy of its scales and weighing system. The City will have the right to access the scales at all times, to have a fulltime supervisor in the scale house, along with live feeds from the video and materials database systems, and to supervise its operations, and approve material type designations recorded for · self-haulers from Santa Monica and any changes to data entries, and receive data electronically on an online and current basis. The parties will work together to assure that any changes to records are done with the current knowledge of the City. The City will ensure that its monitoring and participation in the scales, Materials Management Database, and video monitoring system that serve the Transfer Station and Self-Haul Facility will not materially impact the efficient operations or wait times at the Transfer Station and Self-Haul Facility . . 2 All Deliveries Through Scales. All deliveries to the Transfer Station and to the Self-Haul Facility shall be through scales on or adjacent to Frank Street. The material and quantity data shall be entered into the Materials Management Database.

Section 4.4 Materials Management Database.

All material and quantity data shall be entered into and maintained in the Materials Management Database. The Parties will work together to establish protocols to assure that any changes to records pertaining to operations, program and security requirements of the database are performed with the prior written approval of the City's Chief Information Officer of the Information Systems Department.
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Section 4.5 Video Monitoring.

Contractor shall install, operate and maintain, at its sole cost and expense, a video monitoring system. The City will have the right to a live feed at all times from the video monitoring system.

Section 4.6 Permits and Licenses.

The County of Los Angeles-Environmental Health has issued to Contractor a Solid Waste Facility Permit Number 19-AA-0846 for 1,056 Tons/Day ("Solid Waste Transfer Permit"). Contractor shall continue to own, maintain and revise, as needed, such Solid Waste Transfer Permit for the operation of the Transfer Station;·provided that any modification of the Solid Waste Transfer Permit pertaining to the services provided to the City shall be subject to the prior written approval of the City. It is understood and agreed by the parties that the services pursuant to this Agreement shall be maintained within the current tonnage· limits of the Contractor's Solid Waste Transfer Permit, without requiring any increase thereof. fu addition, Contractor shall be responsible for obtaining any permits, licenses, required by any lo.cal, state, or federal agencies for each tractor, trailer, or operator used by the Contractor with respect to the operations of the Transfer Station or the Self-Haul Facility. ' Section 4. 7 Cooperation~
Each party will actively assist the other with respect to all phases of the design development, construction, and acceptance testing of the facilities and equipment for the Transfer Station and the Self-Haul Facility, as well as the adjacent Recycling and Drop Off Center. During the design and construction of all facilities, Contractor will assist with transition planning to ensure a smooth transition with minimal disruption to ~perations.

ARTICLEV

OBLIGATIONS OF CONTRACTOR
Section 5.1 General Obligations.

Contractor shall be required to provide solid waste transfer services to the City in an environmentally sound manner at the Transfer Station, including, receiving, processing, loading, and shipping all Acceptable Materials collected in the City of Santa Monica while minimizing impact to the City and City Yard and minimizing cost to the City. Contractor shall provide transfer services for the materials and quantities that are set forth in the Description of Acceptable Materials and Estimated Quantities attached hereto as Exhibit "3" and incorporated herein by reference. Contractor will deliver the Acceptable Materials to off-site processors or disposal locations as directed by the City.· Contractor will operate and manage the Transfer Station and the Self Haul Facility in accordance with the Performance Standards as attached hereto in Exhibit "11" and the Operations Plan as attached hereto in Exhibit "2", as may be adjusted from time to time, and in full compliance with Applicable Laws. · 18 4.A.d
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Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Section 5.2 Priority of Santa Monica Generated Material.

Contractor agrees that Santa Monica generated material will have processing priority at the Transfer Station, and that it will receive all City delivered Acceptable Materials delivered by the City. Subject to this priority, Contractor will continue to process tonnage from sources other than the City up to its permit limits.

Section 5.3 Standards for Operation of the Transfer Station and the Self Haul Facility.

The Contractor shall comply with the Operating Plan and Performance Standards attached hereto as Exhibits "2" and "11" and incorporated herein by reference, and shall also meet, at minimum, the following general standards:
.1 Provide semi-enclosed operations;
.2 Operate with a maximum wait tirn:e of 10 minutes for City vehicles once on site and through the scale house to tipping floor of the Transfer Station; and shall coordinate with all users of the Transfer Station to meet the wait time requirements to the City .
. 3 Manage deliveries to keep waste separate from other materials that can be processed off site for recycling (including green waste, and construction and demolition materials);
.4 -. Shall ensure housekeeping and cleanliness including litter, odor and noise control; .5 Shall provide for two load out areas in the Transfer Station: one top loading for MSW and another for food waste;
.6 Shall provide for automatic scale readout under the MSW transfer vehicle loading position. Food waste will be weighed prior to transport with data included in the Materials Management Database;
. 7 Shall provide for compliance with all city ordinances and requirements for demolition, design and construction, including but n·ot limited to Section 9 of the Municipal Code: Planning and Zoning Code. Make reasonable efforts to meet the City's Sustainable City Plan requiring all civic and civic-sponsored buildings to meet U.S. Green Building Council's Leadership in Energy and Enyironmental Design (LEED) Silver requirements, and the City's C&D ordinance; .8 During the construction of the Transfer Station and the Self Haul Facility, Contractor shall minimize any disruption of the City Yards. Contractor will make its reasonable best effort to ensure the continued operation of the SCD Transfer Station throughout the construction proG,ess; and
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Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection .9 Contractor shall manage and account for the City's Acceptable Materials delivered to each City Approved Processing Facility as defined in Section 1.1.9 in a manner that insures that the recycling and diversion of each material is documented.

Section S.4 Equipment and Operators. .
. Contractor will provide all equipment necessary for its operations, including, but'not limited to, the following: (i) Operating Equipment and supplies; (ii) Operations Maintenance; and (iii) Office Equipment, Materials and Supplies. Contractor shall provide required equipment, operators, and transportation services for the movement in, around, and out of the City Yards, the public right of way, and the Transfer Station for delivery to the MRF and markets as necessary. ·
Section S.S Responsibility to Load Separately.

Contractor will load MSW separately from other materials.

Section S.6 Hazardous Materials.

Contractor will handle and dispose of intercepted Hazardous Materials in conformance with the SCD Hazardous Material Handling Program as approved by the City and in compliance with Applicable Law.

Section S. 7 Hauling .
. 1 Contractor will be responsible for hauling Acceptable Materials from City and from the Santa Monica public from the Transfer Station and the Self Haul Facility to a City Approved Processing Facility on a daily basis. Contractor shall haul various materials, including but not limited to, MSW, Green Waste, Food Waste, and construction and demolition waste, and deliver such materials to multiple City Approved Processing Facilities based on the needs of the City. The City Approved Processing Facility may change over the term of this Agreement. · .2 The City, at its sole discretion, may contract directly with the processing and disposal location operators for price and direct payments to or from the City . . 3 Contractor will provide necessary documentation supporting invoicing and payments made to the City from deliveries by Contractor on the City's behalf.

Section S.8 Alternative Fuel Requirements.

Contractor's equipment and vehicles shall comply with the alternative fuel requirements as defined by the South Coast Air Quality Management District and other applicable regulatory agencies.
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Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Section 5.9 Disposal Facility· Designations.

Contractor shall comply with all disposal facility designations. Contractor shall comply with, and dispose of all Materials at City Approved Processing Facility as such term is defined in Section 1.1.9.

Section 5.10 Loading Operations.

Contractor shall provide the transfer trailers and shall load the trailers with Acceptable Materials within the legal weight limits. Accordingly, Contractor shall be responsible for any over-weight violations that occur in this regard. Contractor is responsible for observing the loading process and may add any device(s) at the Contractor's sole cost and expense; provided any devices installed on City property shall be with the prior written approval of the City.

Contractor shall be responsible for maximizing loads whenever appropriate, thereby reducing traffic time and number of trips.

Section 5.11 Respond to Emergency Debris Removal.

Contractor will make best efforts to assist the City in responding to Emergency Debris Removal. The reasonable additional substantiated costs involved in providing Emergency Debris Removal will be submitted in the Contractor's invoice for reimbursement. City shall assist Contractor in Contractor's efforts to acquire any necessary emergency permits or authorizations needed from any appropriate regulatory agencies for the Emergency Debris Removal.

Section 5.12 Responsibilities for Processing Functions.

Contractor shall perform the following processing functions associated with loading, unloading, processing and hauling activities for the materials specified from the tipping locations specified:

Material Tipping Location
residue Hauling
Self-Haul Facility or
SW from self-haulers ransfer Station as
reen Waste and Food
aste from City
ppropriate
Self- .
1 . Self Haul Fact 1ty
21 Processing Functions
railer spotting, hauling, disposal
spe'Ct, load out, haul
spect, load out, haul
spect, load out, haul

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Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection C&D from City Transfer Station Inspect, load out, haul
C&D from Self-Haulers Self Haul Area Inspect, load out, haul Section 5.13 Public Information and Education Support.

Contractor will cooperate with the City's public information and education programs to promote diversion goals. The City will work with Contractor in determining the public infomiation and educational programs and services to be offered to achieve the diversion goal.

Section 5.14 Hours of Operation.

The Contractor shall maintain, at a minimum, hours of service from 5:00 a.m. to 4:00 p.m .. , Monday through Friday, 7:00 a.m. to 4:00 p.in., Saturday. From time to time, the closure hours for the City use may be expanded as reasonably necessary and mutually agreed upon by the parties. The Contractor will be. open all weekdays except the same Leg~ Holidays as the ·City, however, the Contractor may extend the Hours of Operation beyond those set by the City or elect to open during the Legal Holidays at its own discretion. This requirement may be suspended for any day on which City declares the occurrence of an Uncontrollable Circumstance to the extent that performance i.s impaired or prevented as a direct result of such occurrence, It is recognized that public hours may vary in order to comply with the tonnage limits set forth in Contractor's Permit .and to comply with the priority provisions set forth in Section 5.2.

Section 5.15 Customer Service .
. 1 Office Hours. During the Hours of Operation, an employee of Contractor shall be available to answer a published telephone number and e-mail address during these hours.

Pagers and recorders shall not be an acceptable substitute. A fax machine and email is required for Contractor to recdve written instructions and notices. Contractor shall have the capacity of responding to customers in English and Spanish .
. 2 Emergency Telephone Number. Contractor will maintain an emergency telephone number for City use outside normal Hours of Operation. Contractor will have a representative, or an answering or call-forwarding service to enable communications with such representative, during all hours other than Hours of Operation.· .3 Service Complaints. Contractor agrees that the protection of public health, safety and well-being require that customer complaints be acted on promptly and that a record be maintained in order to permit City and Contractor to identify potential public health and safety problems, Accordingly, Contractor shall maintain records with respect to customer complaints as set forth in Section 7.4.2.A and Section 17.1, below, and shall promptly respond to all complaints.
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Packet Pg. 100 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Section 5.16 Safety Obligations.

All services performed under this Agreement shall be performed in such a manner as to provide public safety and to meet or exceed the safety standards set forth by Applicable Laws.

Contractor shall be responsible for the security of the Transfer Station and the Self-Haul Facility.

Contractor shall take all reasonable actions to prevent vandalism.

Section 5.17 No Nuisance.

Contractor shall be responsible for maintaining the Transfer Station and the Self-Haul Facility in a manner that does not create a nuisance condition in violation of Applicable Law.

Should any regulatory agency find or conclude that a nuisance condition in violation Applicable law exists, the Contractor shall respond to such findings or conclusions and remedy the nuisance, pay any applicable fines or penalties, and modify operations or conditions as may be applicable and necessary. Nothing herein shall prohibit Contractor from defending itself against such regulatory nuisance findings or conclusions.

Section 5.18 Compliance with Applicable Laws.

Contractor shall comply with all Applicable Laws and lawful orders of any Governmental Authorities (including, without limitation, those laws, ordinances, rules, regulations and lawful orders relating to safety, prevailing wage, Hazardous Substances, and equal employment opportunities); pay all local, state and federal payroll taxes; and pay all benefits, insurance, taxes and contributions for Social Security and Unemployment Insurance which are measured by wages, salaries or other remuneration paid to Contractor's employees. Upon City's request, Contractor shall furnish evidence satisfactory to City that any and all of the foregoing obligations have been fulfilled . . Without limiting the foregoing, Contractor shall comply with, and shall require any subcontractors or consultants, to comply with, provisions of City's Municipal Code, including, without limitation, the prevailing wage requirements of Santa Monica Municipal Code Section 7.28.010, and the Living Wage Ordinance of Santa Monica Municipal Code Section

4.65.010, as may be amended from time to time, and with applicable Federal or State prevailing wage requirements in accordance with the sources of funding for this Project.

Contractor will comply with Applicable Law prohibiting the discrimination against any person or persons because of race, color, religion, ancestry, national origin; local custom, habit, sex, age, sexual orientation, disability, veteran's status, medical condition (as defined in Section 12926 of the California Government Code), marital status or citizenship, including, but not limited to, Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. Section 2000d); the Age Discrimination Act of 1975 (42 U.S.C. Section 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794); the Fair Housing Act of 1988 (42 U.S.C. Section 3601); and the Americans with Disabilities Act (3 U.S.C. Section 421). 23 4.A.d
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ARTICLE VI

PAYMENTS AND FEES
Section 6.1 Payments and Fees from City.

As consideration for all services provided pursuant to this Agreement, City agrees to pay, and Contractor agrees to accept, per ton amounts specified below ("Per Ton Fee") for each ton of Acceptable Materials. The Per Ton Fee consists of the following: (i) a Transfer Station Cost in the amount of $14.18 ("Transfer Station Cost"); (ii) Hauling Cost per ton shall be the sum of the Hauling Price Fuel Component in the billing period in question and the Hauling Price Non-Fuel Component for the calendar year ("Hauling Costs") for transfer to the sites defined in-the Transfer Hauling Radius Map attached hereto as Exhibit "9; and (iii)Contractor's administrative fee of$1.00.

On the Commencement Date, the Hauling Cost to Facilities in Groups A, B, C and D s hall b e th e o D11 owmg: .

Zone A B C D
Distance (miles) 30 40 60 75
Transfer Station Cost $14.18 $14.18 $14.18 $14.18
Non-Fuel Hauling $3.25 $5.99 $8.79 $10.00
Fuel (based on actual cost) $3.85 $6.06 $7.95 $11.08
Administrative Fee $1.00 $1.00 $1.00 $1.00
Cost per ton .$22.28 $27.23 $31.92 $36.26
.1 Zones C and D. With respect to hauling costs for zones C and D, the parties agree to work cooperatively with each other to locate appropriate overnight parking for Contractor's additional vehicles required for transport to zones C and D to provide the services pursuant to this Agreement. In the event any additional parking costs are required for such overnight parking, then the parties sh~l negotiate the reasonable sharing of such costs . . 2. Adjustments to the Per Ton Fee .. The Transfer Station Cost shall. be subje.ct to an annual CPI adjustment. The Hauling Cost shall be subject to an Annual CPI adjustment and monthly Fuel Index adjustment. The annual cost adjustments shall be applied each January I st after the Commencement Date for the remainder of the Term and Extension Terms, if any . . 3. Self-Hauling Rates. The gate rates to be charged to Santa Monie.a residents and Santa Monica businesses in the Self-Haul Facility shall be in accordance with the following formula for each Ton, with a minimum charge of one Ton: · Solid Waste= $66.00 per Ton
Green Waste= $48.00 per Ton
Construction Debris = $81.00 per Ton
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Packet Pg. 102 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection The above rates shall be collectively be referred to as "Gate Rates." The Gate Rates constitute those rates ih effect as of the Execution Date. In addition to those above rates, the City may elect to expand said Gate Rates to also include E-Waste at a rate of $24.00 (minimum charge) or $10.00 per monitor or TV handling fee or .30 per pound for CPUs or other E-Waste; however, the City shall have the right to direct the E-Waste elsewhere. On an annual basis, the City will review the public rates of comparable regional facilities in order to make a determination as to the reasonableness of the Gate Rates. The Gate Rates will be increased each January I st by CPI commencing as of January 1, 2009, plus pass-through of those documented increases in the disposal facility charges .
.4 Emergency Debris Removal. Costs for Emergency Debris Removal, if any, shall be in accordance with the provisions of Section 5.11, above.

Section 6.2 Disposal/Recovery Facility Cost.

The City may elect for the Contractor to pass through the actual cost of the Disposal/Recovery Facility Cost to the City or for the City to pay such costs directly with the facility.

Section 6.3 Payment for City Equipment.

Upon the issuance of the Notice to Proceed, the Contractor shall provide a lump sum payment in the amount of $89,500 as payment for the purchase of the City's equipment listed in Exhibit "11." This amount may be adjusted downward to delete any equipment no longer owned by the City as of the date of the Notice to Proceed with Operations.

Sectiol) 6.4 Monthly Invoices.

Contractor will submit monthly invoices to the City, which shall contain all information to identify the payments set forth in Section 6.1 in accordance with the Materials Management Database, including, but not limited to, the Per Ton Fee, and other information as reasonably requested by the City. The format of the invoices shall be agreed upon by the parties.

Contractor will submit the monthly invoices on the final Day of each month, and such invoices shall contain all information required in this Agreement. Within 10 calendar days of receipt, the City will pay the Contractor the undisputed Per Ton Fee. Any disputes of the Per Ton Fee shall be resolved through the Dispute Resolution Procedure set forth below in Section

17. Section 6.5 Favored Nation Pricing Policy.

A. Application of the Favored Nations Pricing Policy.

During the term of this Agreement, including the Extension Term, if any, should the Contractor enter into a multi-year contract of two or more years for the provision of solid waste transfer services similar to those described in this Agreement, and regardless of whether specific 25 4.A.d
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transfer commitments are made or not, City will receive the benefit of any updated prices, payments and fees offered to such an entity if such· prices are lower than the prices then in effect under this Agreement. The prices, payments and fees pursuant to such similar contract will replace and supersede the prices, payments and fees pursuant to Section 6.1 herein. The intent of this policy is to guarantee that·the City "for the life of the Contract" will have a waste transfer, recycling, and/or disposal cost at least equal to the best available pricing structure offered at any time by the same Contractor and under any competitive situation.

B. Annual Disclosure.

On an annual basis, Contractor will be required to make an annual disclosure to City of all contracts that cause solid waste to enter either (1) the same Transfer Facility as used by City, or (2) the same recycling or disposal site(s) where City material is recycled or disposed by the Contractor. City will also have the right to request and receive a copy from the Contractor of the specific terms of any contract that might be the reason for evoking this Favored Nations Pricing Policy pursuant to subsection (C), below. ·
C. Confidentiality of Third Party Contracts.

Subject to the City's covenant to hold the Contractor's confidential and. proprietary information in strict confidence, the City will also have. the right to request and receive a copy from the Contractor of the specific terms of any contract that might be the reason for evoking this Favored Nations pricing Policy. If the terms of such contract contain information deemed by the Contractor as proprietary confidential information, Contractor shall mark those provisions as "Confidential" on each such page and shall provide such infonnation in an envelope marked "Confidential." City will return such documents after review within ten (10) days, unless otherwise extended by the Parties. Additionally, the City will have the right to review all contracts subject to this provision at the offices of the Contractor. Subject to the provisions of Applicable law, including the California Public Records Act, California Government Code Section 6250 et seq.,_ the City shall treat such provisions as proprietary confidential information.

ARTICLE VII

RECORDS AND REPORTING REQUIREMENTS
Section 7.1 Computerized Records.

Contractor shall ensure that all material and quantity data shall be entered into a computerized Materials Management Database in accordance guidelines to be issued by the City's Chief Information Officer of the Information Systems Department (the "CIO"). The CIO shall have the right to review and approve any software, related hardware and equipment specifications for the Materials Management Database, including the system interface thereof. 26 4.A.d
Packet Pg. 104 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Section 7.2 Books and ~ecords: Audits .
. 1 Contractor shall maintain all records relating to the services provided hereunder, including, but not limited to, billing records, documents relating to the fees and payments set forth in Section 6 .1, or the period during which services are to be provided pursuant to this Agreement. The books and records· shall be maintained for a period not less than six (6) years, or any longer period required by law. The City shall have the right, upon ten (10) business days advance notice, to inspect, copy and audit all records relating to this Agreement, including, but not limited to, billing records, maps, customer complaints, and all records that impact the City's cost (including internal controls and accuracy of scale operations) and relevant to ensuring that the City is charged only for its refuse. Such records shall be made available to City at Contractor's regular place of business, or other place agreed to by City and Contractor, within the County of Los Angeles.

Section 7.3 Integrated Waste Management Act; Reporting Requirements . . 1 Contractor - City Cooperation. Contractor shall maintain all documentation relating to its operation necessary for reports to the California Integrated Waste Management Board (CIWMB) and/or the Local Enforcement Agency (LEA) or ~y other applicable regulatory agency. During the period during which transfer services are to be provided pursuant to this Agreement, Contractor, at no expense to City, shall submit to City all relevant information and reports required to meet the reporting obligations imposed by the CIWMB under the Act, as amended. Contractor agrees to submit such reports and information by email or on computer - discs, in a format acceptable to City, at no additional charge, if requested by City. Contractor shall cooperate with City in Commercial Solid Waste Disposal Characterization Stµdies and waste stream audits and shall implement measures adequate to help achieve the diversion goals set forth in its proposal. The City and Contractor will exercise best efforts to ensure that any waste diversion studies or other cooperative efforts under this Section will not materially impact the efficient operations or wait times at the Transfer Station and Self-Haul Facility . . 2 Changes in AB 939, RCRA, CERCLA and Related Laws. This Agreement is part of the City's efforts to comply with the provisions of the Act as it may be amended and as implemented by the regulations of the California Integrated Waste Management Board, or its successor-agency, as may be amended, and the City's Source Reduction and Recycling Component, as may be amended. In the case of changes in the laws which could not have been anticipated or foreseen at the Execution Date and which significantly increase or decrease the cost of Contractor's service, Contractor or City may seek a rate increase or decrease to offset the increase or decrease in costs directly attributable to the amended or newly enacted provision of law or regulations, specifying, in writing, the law to which the additional costs or savings are attributed, and how they would result in increased costs. Any- request by the Contractor for a rate increase pursuant this provision must have been contained in the preceding Annual Report indicating the anticipated change would necessitate a rate change; however, in the event of any emergency legislation or emergency regulatory change which could not have been contained in the Annual Report, Contractor may submit such request mid-year. In the event that the parties are unable to agree to any modification of this Agreement pursuant to this provision, then either party may submit this matter for the First Step and Second Step of the.Dispute Resolution 27 4.A.d
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Procedure set forth in Section 17.2, below, and in the event that such dispute cannot be resolved through such procedure, then either party may terminate this Agreement, without cause, upon twelve calendar months written notice to the other party pursuant to the provisions of Section

14.4(B).

Section 7.4 Activities and Financial Reports; Adverse Information . . 1 Injury Reporting The Contractor must notify City, the City's Risk Manager, and the Project Manager, of any occurrence of a personal injury at the Self-Haul Area or the scale area; and take all appropriate action in response .
. 2 Monthly and Annual Reports for City Material. Contractor, at no additional expense, shall submit to the City such information or reports in such forms and at such times as the City reasonably may request or require, including, but not limited to the following, submitted not less often than as indicated:

A. Monthly and Annual Reports. Reports shall be submitted to City, transmitted in a format acceptable to City, as an attachment toe mail or by disc, at City's option. Reports shall include the following:
(i)
(ii)
(iii)
Solid Waste Tonnage of City Materials.
a. Contractor shall provide City-approved electronic mo:rithly reports that include, but are not limited to, receipts or invoices, delivery logs by hauler and material type for City related deliveries, total tons of City solid waste handled by inaterial type, unit charge and total monthly charge by material type, and total invoice amounts. All data provided must be consistent with any and all federal, state, and local reporting requirements.
b. The report shall show the number of tons. collected each month and the tonnage delivered to disposal facilities, itemized by disposal facility.

Recyclable Solid Waste:
a. A statement showing, by type of material, tons received during the month and tons directly rnark~ted during the month and tons delivered to processing facilities during the month, itemized by facility.

Complaints, Incidents and Accidents:

Contractor shall provide an itemization of all complaints, incidents and accidents that result from the operation of the Transfer Station and the 28 4.A.d
Packet Pg. 106 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection transport of Acceptable Materials. The status and disposition of complaints, incidents and accidents shall also be provided. (iv) Certification:

Contractor will provide a certification statement, under penalty of perjury, by the responsible corporate official, that the report is true and correct. (v) Fuel Costs:

Contractor shall attach copies of fuel invoices indicating the price(s) paid for fuel deliveries during the immediately preceding thirty (30) days to each invoice submitted to the_ City .
. 2 Annual Report. Contractor shall submit to the City a written year end Annual Report in a form approved by the City by each January 31 st• The Annual Report shall include the following information for the preceding Year ending on the preceding December 31st:

A. General Information. General information about Contractor, including a list of Contractor's officers and members of its board of directors. A copy of Contractor's most recent annual and other periodic public :financial reports and those of each of its subsidiaries and affiliated corporations and other entities, if any, performing services under this Agreement,~ the City, following consultation with Contractor, may request.

B. Prior Year's Activities. A cumulative summary of the Annual Reports and information and statistics with respect to City's compliance with AB 939.

C. Recommendations. Changes in integrated waste management, including projections and proposed implementation dates and costs, recommended by Contractor and recommended amendments to the City's Source Reduction and Recycling Element or this Agreement, based on developments in applicable law or technology. Contractor's recommendations with respect to compliance with AB 939 shall state the specific requirement of AB 939 that the implementation of the recommendation is intended to satisfy.

D. Anticipated Legislative and Regulatory Changes. A list of anticipated legislative and regulatory changes anticipated to take effect in the coming calendar year.

Contractor shall include a detail of operational changes necessary to comply with the anticipated legislation, including, any proposed rate increases or decreases attributable to such legislative or regulatory change.

E. A copy of the customercomplaint log.

F. Any violations of Applicable Law, including, but not limited to, fines and penalties issued by any regulatory agencies.
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G. An audited statement of the payments and fees contained in Section 6.1 which shall conform to and be in accordance with generally accepted ac(2ounting principles. The annual statement shall be accompanied by a signed certificate of an independent Certified Public Accountant (the "CPA") stating specifically that (i) the CPA has examined the Annual Report for the Year, (ii) the CPA's examination included such tests of Contractor's books and records as the CPA considered necessary or appropriate under the circumstances, (iii) the said payments conform with and are computed in compliance with the. definition of Per Ton Fee contained in Section 6.1, above. In the alternative, Contractor may substitute a verification by a corporate officer authorized to by the Contractor to sign a statement attesting to the accuracy of the Annual Report, under penalty of perjury .
. 3 Reporting Additional Matters. Contractor shall provide City two copies ( one to the Director of Public Works and the other to the Solid Waste Management Division) of ~I correspondence, reports; pleadings, applications, notifications, Notices of Violation, communications or other material relating specifically to Contractor's performance of services pursuant to this Agreement, submitted by Contractor to, or received by Contractor from, the United States or California Environmental Protection Agency, the California Integrated Waste Management Board, or its successor agency, the California Department of Toxic Substances Control, or its successor, any other federal, state or county agency, including any federal or state court. Copies shall be submitted to City ·simultaneously with Contractor's filing or submission of such matters with said agencies. Contractor's routine correspoi;i.dence to said agencies need not be routinely submitted to City, but shall be made available to City upon written request. .4 Submission of Reports. Reports shall be submitted to:

Director of Public Works
City of Santa Monica
1685 Main Street, Room 113
Santa Monica, California 90401
With a copy to:

Solid Waste Operations Manager
City of Santa Monica
2500 Michigan Avenue
Santa Monica, California 90404
. .5 Failure to Report. The refusal or failure of Contractor to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Contractor in such report shall be deemed a material breach of the Agreement and shall subject Contractor to all remedies which are available to the City under the Agreement; provided, that the City must follow the dispute resolution provisions of this Agreement before declaring any material breach. 30 4.A.d
Packet Pg. 108 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection .6 Costs. All reports and records required under this Agreement shall be furnished by disk or email at the sole expense of Contractor
. 7 City's Right to Request Information. The City believes and Contractor agrees that cooperation between City and Contractor is critical to the success of this program. City reserves the right to request, and Contractor agrees to provide, additional information reasonably and directly pertaining to this Agreement on an "as needed" basis . . 8 CERCLA Defense Records. City views the ability to defend against CERCLA as defined in Section 1.1.4 and related litigation as a matter of great importance. For this reason, the City regards the ability to prove where its solid waste was taken, as well as where it was not taken, to be matters of concern. Contractor shall maintain data retention and preservation systems, which can establish where solid waste collected in the City was landfilled (and therefore establish where it was not landfilled) and a copy or summary of the reports required by this Agreement, for fifty years after the term during which collection services are to be provided pursuant to this Agreement and to notify City's Risk Manager and City Attorney before destroying such records. This provision shall survive the expiration of the period during which services are to be provided under this Agreement.

ARTICLE VIII

CONTRACTOR'S PERSONNEL OBLIGATIONS
Section 8.1 Operating Personnel.

Contractor will provide operating personnel and will provide:
a. Rules for employee behavior
b. Training of employees
c. Employee uniforms
d. Substance abuse program
e. Compensation program that meets City Living Wage requirements for itself and its contractors.

Section 8.2 Management and Supervisory Personnel Assigned to the Contract . . I Contractor shall utilize the management team set forth in its Proposal. .2 Contractor shall designate qualified employees as supervisors of the Transfer Station and Self Haul Facility operations. _Supervisors will be in the field inspecting Contractor's work and will be available to the City by radio or phone during the Contractor's hours of operation. These supervisors shall have communication with each transfer vehicles working on _the City transfer operations and with SCD .
. 3 The Contractor must submit a list of all key management personnel who will be used under this Agreement by Contractor or its Subcontractor. This list, which updates the key 31 4.A.d
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personnel list provided in the Proposal, must be submitted within thirty (30) days after notification of selection o_f award from the City. In the event of a change in key management personnel for this Contract, the City has the right, in its reasonable discretion, to accept or reject for cause the Contractor's use of such personnel.
4 During the term of this Agreement, it shall be the.Contractor's responsibility to maintain key management personnel with demonstrated business experience, personal reputation and integrity, and solid waste expertise of the management team listed in the Proposal: In the event of any proposed changes, Contractor shall provide a written notice of proposed substitution containing a resume setting forth the requirements of this provision, along with three references of the p~oposed management candidate,.to the Director of Public W.orks at least two (2) weeks in advance. The proposed management candidate must meet the requirements of this Section 8.2.4 and have qualifications equal to or better than the prior key personnel. City reserves the right to reject any proposed key management personnel, for cause. In the event that the City rejects any proposed key management personnel, such dispute shall be subject to the Dispute Resolution Procedure set forth in Section 17.2, below.

Section 8.3 Employee Behavior .
. 1 All Contractor's personnel must maintain a respectful attitude toward the public, the customers and City at all times. Contractor shall use its best efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner. Contractor shall regularly train its employees in customer courtesy and shall instruct employees to perform the work as q~etly as po~sible .
. 2 At no time may a Contractor or its personnel solicit, request, or receive gratuities . of any kind, directly or indirectly, or any additional compensation from members of the public · for services provided under the Agreement.
.3 The Contractor must direct its employees to avoid unreasonable-loud or any profane language at all times during the performance of duties. .4 The Contractor must remove any employee of the Contractor, who engages in misconduct, is incompetent or negligent in the proper performance of duties or is disorderly, dishonest, intoxicated or discourteous from service under the Contract.

Section 8.4 Tra_ining of Employees .
. 1 Contractor will train its employees as to the City's rules and regulations. This training is to be ongoing .
. 2 Contractor shall require that its employees shall not trespass, loiter or tamper with j property not covered by this Contract.

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Packet Pg. 110 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection .3 Contractor shall require that their employees have been properly trained to meet all federal, state, local, and OSHA requirements, and in accordance with the SCD Training Manual as approved by the City .
.4 All ~quipment drivers shall be trained and qualified in the operation of the applicable equipment and must have an appropriate and valid Drivers License issued by the California Department of Motor Vehicles .
. 5 Contractor shall provide suitable operational and safety training for all of its employees who utilize or operate vehicles or equipment for Transfer Services of materials under the Contract. Contractor shall train its employees to identify, and not accept, Hazardous Waste or Infectious Medical Waste. The Contractor must conduct training sessions to thoroughly instruct all employees used on the Transfer Station floor as to their duties under the Contract and the proper methods of performing them. Employees must receive adequate training from the Contractor before starting work under the Contract. ·
.6 Employee Training will be an on-going process by the Contractor and the Contractor will provide the Director of Public Works the training policy and a schedule of specific classes or sessions. A City representative may attend any of these training sessions held by the Contractor. It is the responsibility of the Contractor to provide the same training for all subcontractors, or include the subcontractors in their training sessions. City may require an inspection of Transfer Services during the ten (10) day period proceeding the first day of scheduled operations to verify Contractor readiness or after the start of operations as a quality check. If City determines that the Contractor is not ready or does not pass a quality check, then it may require reasonable remedies to ensure Contractor readiness, including but not limited to additional training.

Section 8.5 Employee Uniforms.

All non-management employees of the Contractor performing work under this Agreement shall be uniformed showing their association with the Contractor or approved logo, as follows:
.1 The Contractor must furnish each employee who works in the Transfer Station or Self-Haul Facility with an appropriate uniform identifying him or her as employees of the Contractor. The uniform shall be a complete set of clothing, including but not limited to pants, shirt, and jacket, and must ensure easy identification; .2 Employees of the Contractor are required to wear the uniform at all times while on duty;
.3 When appropriate, employees must wear a. reflective safety vest with the name of their company affixed; and
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.4 Regardless of uniform, Contractor's personnel must wear a short-sleeved or longsleeved shirt at all times during the performance of the Contract. City reserves the right to approve the uniform furnished by the Contractor.
-Section 8.6 Substance Abuse Awareness Plan.
nie Contractor shall be responsible to institute and implement a comprehensive drug education and testing program, which shall cover all employees utilized to perform any duties under this Agreement with the City. Upon the Execution Date, Contractor shall submit a mandatory substance abuse awareness plan to the City, which shall include the implementation of a random testing plan. This plan shall require that each employee be given a copy of the workplace substance abuse policy; the dangers of substance abuse in the workplace; available counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for substance abuse violations. Contractors found not to have a drugand alcohol-free workplace shall be subject to penalties or termination under the Contract.

ARTICLE IX

INSURANCE AND BONDS
Section 9.1 Insurance Requirements.

At· all times from Execution Date of this Agreement, and prior to commencement of any construction of the Transfer Station and the Self Haul Facility, Contractor shall procure and · maintain at Contract~r•s own cost and expense for the duration of the Agreement, including any Extension Terms, if any, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Transfer Station and the Self Haul Facility, including, but not limited to, services and operations provided by the Contract pursuant to this Agreement, and the possession, occupancy, operation and use of the City property, the insurance set forth in Exhibit "7" and incorporated herein by reference. · · j Section 9.2 Bond Requirements.
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The Contractor shall furnish to the City a performance bond guarante~ing the faithful performance of this Agreement (hereinafter "Performance Bond''). The Performance Bond shall be executed by a surety company licensed to do business in the State of California. The Performance Bond shall be in the amount of One Million Dollars ($1,000,000) and shall be valid for the term of this Agreement. The Performance Bond shall be furnished to the City by the Contractor prior to the start of the term of the construction ·and installation ofthe Project or any renewal hereof. Without limiting any other indemnity provisions herein, said Performance Bond shall indemnify the City against any loss, expense, cost or damage resulting from any default by Contractor hereunder or any failure ofperformance·hereunder by the Contractor. The Risk · Manager of the City is hereby delegated the authority to approve not only the content of the Performance Bond, but also the financial capabilities of the surety company to perform. The form of the Performance Bond sh~l be substantially similar to the Performance Bond attached hereto as Exhibit "8."
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ARTICLEX

INDEMNITY
To the fullest extent permitted by law, the Contractor agrees to indemnify, defend and hold harmless, the City, its board and council members, officers, employees, agents and volunteers ("Indemnitees"), through legal counsel reasonable acceptable to City, from any and all Losses arising out of or relating to any of the following: (i) performance or nonperformance of this Agreement by Contractor or its consultants of any tier; (ii) activities of the Contractor or its consultants, of any tier; (iii) the payment or nonpayment by the Contractor or any of its consultants, of any tier; and (iv) any personal injury, property damage or economic loss to third persons associated with the performance or nonperformance by the Contractor or its consultants, of any tier. However, nothing contained in this provision shall be construed as obligating the Contractor to indemnify any Indemnitee for Losses resulting from the Indemnitee's sole or active negligence or wrongful misconduct. Contractor shall take steps to assure that a right indemnification is included in all subconsulting agreements.

ARTICLE XI

PROIDBITION AGAINST TRANSFERS
Section 11.1 Prohibition Against Transfer.

The Contractor shall not assign, hypothecate or transfer this Agreement or any interest herein or any portion thereof by operation oflaw or otherwise (generally, a "Transfer") to any person or entity ("Transferee"), without the prior written approval of the City, which shall not be unreasonably withheld; however, those individuals designated as Approved Transferees listed in Section 11.2.2 shall not be subject to this provision. Any attempt to Transfer without complying with the foregoing shall be null and void, any assignee, sublessee, lienholder or Transferee shall acquire no right or interest by reason of such attempted Transfer. The sale, transfer, assignment or hypothecation of fifty percent (50%) or more of the controlling or beneficial interest of Contractor shall constitute an assignment, and therefore a Transfer, under this Agreement. .1 Transfer of Corporate Shares. If Contractor is a corporation ( other than a corppration the outstanding voting stock of which is listed on a "national securities exchange," as defined in the Securities Exchange Act of 1934, as amended) and if at any time after execution of this Agreement any part or all of the corporate shares of Contractor are transferred by sale, assignment, bequest, inheritance, operation of law or other disposition (including, but not limited to, such a transfer to or by a receiver or trustee in Federal or state bankruptcy, insolvency, or other proceedings) so as to cause.a change in the entities or persons owning a majority of the corporate shares of Contractor as of the Execution Date, such event shall constitute a Transfer as specified in Section 11.1 .
. 2 Approved Transfers. Notwithstanding the foregoing restrictions on transfer of corporate stock shares, City and Contractor agree that upon prior written notice to City, transfers of corporate stock may be made to the following relatives of the management team without triggering City's '.fermination Option: The persons listed herein shall be approved transferees 35 4.A.d
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("Approved Transferees"): Luke Kard~hian, and Haig (a.k.a Mike) Matosian, Samuel Matosian, Valentina Matosian, Maximilian Kardashian, Tiffany Kardashian, Seta Kardashian, Tamara Matosian, and Sabrina Kardashian. With the exception of those Approved Transferees currently on the management team of the Contractor, all of the other Approved Transferees shall be subject to the requirements of Section 8.2 prior to assuming any key management role identified in Section 8.2.3.

Section 11.2 Right of First Refusal.

If Contractor desires at· any time to effect a Transfer to any entity other than an "Approved Transferee," it must first notify City of its desire to do so and shall submit in writing to City the name of the proposed Transferee, the name of the proposed Transferee's bus_iness to be conducted in the Premises, the terms and provisions of the proposed Transfer, and such financial and other information as City may request concerning the proposed Transferee. Prior to any request for City's consent to any Transfer, all of the following conditions shall be met: (i) the original named Contractor shall not be relieved of its obligations; and (ii) Contractor shall reimburse City for City's reasonable-attorneys' fees incurred or the value of attorneys' servi_ces received in connection with the review, processing and documentation of s~ch Transfer request; and (iii) the Contractor shall inform City of any and all terms of the Transfer, including, but not limited to, compensation it receives in connection with any Transfer. The City shall have a right of first refusal with respect to such proposed Transfer, and shall have a sixty (60) day period in which to exercise its right of first refusal to acquire the interests subject to the proposed Transfer under.the same terms and conditions as proposed.

Section 11.3 Prior Consent for Transfer.

In the event the City elects not to exercise its right of first refusal as set forth in Section 11,2, the City shall review the Contractor's request for Transfer to determine whether or not to approve the Transfer. Contractor and City acknowledge that City would not enter into this Agreement but for the busmess experience, reputation and expertise of the management team listed in Contractor's proposal. Accordingly, and without waiving City's other rights of approval and right of first refusal, any proposed Transferee shall not be approved unless City has · determined, as minimum requirements, that such proposed Transferee has all of the following: · (i) at least fifteen years of business experience; (ii) the proposed Transferee has a net worth reasonably satisfactory to, and verified by, City; and (iii) the personal character, reputation and integrity of the proposed Transferee and its principals and operational officers and owners are of the highest caliber. The City may require additional requirements of the proposed Transferee, and subsections (i) through (iii) are not to the exclusion of any other reasonable requirements which City may require. The consent to any one Transfer shall not be deemed a consent to any future or additional Transfer. ·
Section 11.4 Termination Option.

In the event of an unauthorized Transfer, in addition to any other rights City may have, City may elect to terminate this Agreement (a "Termination Option") at any time thereafter ~Y . giving Contractor notice of its election of such Termination Option, in which event this 36 4.A.d
Packet Pg. 114 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Agreement and the rights and obligations of the parties hereunder shall cease as of a date set forth in such notice which date shall not be less than sixty (60) days after the date 9f such notice.

In the event of its exercise of the Termination Option, all payments and fees shall be adjusted as of the date stated in City's notice.

ARTICLE XII
TAXES
Contractor shall be responsible for the payment of all taxes upon personal property, equipment, all wages or salaries, all federal, state and local taxes or contributions imposed or required for unemployment insurance, social security, income tax, workers' compensation or other taxes with respect to the Contractor's personnel engaged in the performance of Contractor's obligations hereunder; and in connection with the operation of Contractor's business with respect to the Transfer Station; and in connection with the ownership of real property or personal property or equipment located at said Transfer Station.

It is understood by the parties that this Agreement may create a pos~essory interest in public property, which may be subject to taxation. In the event such interest is created, Contractor shall pay any and all taxes levied on such interest in a timely manner.

Section 13.1 Notices .
. 1 Delivery.

ARTICLE XIII

NOTICES
All notices, demands or requests to be given under this Agreement shall be given in writing and conclusively shall be deemed received when: (a) delivered personally, or (b) on the third business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, and addressed as hereinafter provided, or ( c) received by the recipient by email or facsimile transmission .
. 2 Addresses.

All notices, demands, requests or Approvals from Contractor to City, other than notices of default or termination, shall be addressed to the City at:

Director of Public Works
City of Santa Monica
1685 Main Street, Room 113
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With a copy to:

Solid Waste Management Division Operations Manager
City of Santa Monica
2500 Michigan A venue
Santa Monica, California 90404
All notices of default or termination shall be addressed to City to the Solid Waste Management Division Manager listed above, and to the following individuals:

And
City of Santa Monica
Office of City Manager
1685 Main .Street
Santa Monica, California 90401-2200
Attention: Assistant City Manager
Santa Monica City Attorney Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
All notices, demands or requests from City to Contractor shall be addressed to:
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Southern California Disposal
1837 24th Street
Santa Monica, California 90404
Attention: Mike Matosian
Change in Address. ·
In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may amend, supplement and update the notice list to add, delete or replace any listed individuals; however, the amendment must be in writing.
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ARTICLE XIV

DEFAULT AND TERMINATION
Section 14.1 Contractor's Performance.

Acceptance of Contractor's work will be determined by the Solid Waste Management Division Operations Manager. Work shall be completed in a responsible manner in accordance with the terms of the Contract.

Section 14.2 Default by Contractor .
. 1 Events of Default. Without limitation to any of the City's other rights or remedies at law or. in equity, City shall have the right to terminate this Agreement in the event that Contractor fails or refuses to perform any of the obligations set forth in this Agreement, and fails to cure in the manner required hereunder. Contractor shall be deemed in default of this Agreement upon the following:

A. If Contractor fails to perform any of the obligations set forth in this Agreement, after notice and after expiration of the time period for cure; B. If Contractor violates· any Applicable Laws, including orders or rulings of any regulatory bodies having jurisdiction over Contractor or the operations of the Transfer Station pursuant to this Agreement; provided that Contractor may contest such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall . be deemed to have occurred until a final decision adverse to Contractor is entered;
C.

If Contractor fails to make any payment required to the City in a timely manner or fails to provide City with required information, reports or test results in a timely manner;
If Contractor becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Contractor in a bankruptcy proceeding;
.2 Opportunity to Cure Default. The Contractor shall cure any default in performance of its obligations within two (2) business days after receipt of written notice from the City provided; however, that if the default cannot reasonably be cured within such time then the Contractor will commence to cure the breach within two (2) business days and will diligently prosecute such cure to completion within a reasonable time, which shall be in no event later than thirty days after.receipt of such written notice, unless otherwise extended by the City or otherwise specified in the order or ruling by the applicable agency. It is expressly understood that pursuant to Section 14.2.l(B), above, no breach .of this Agreement shall be deemed to have occurred in the event the Contractor contests an order or ruling by a regulatory agency, in good 39 4.A.d
Packet Pg. 118 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection faith, and such agency issues a final adverse decision. Payment of fines or penalties for a onetime violation shall be deemed to have cured any default by the Contractor A. Exception to Opportunity to Cure. If, however, City determines that default contributes to the curtailment of an essential service or poses an immediate threat to life, health or property, City may terminate or suspend the Agreement or any portion thereof immediately upon issuing oral or written notice to the Contractor without. any prior notice or opportunity to cure .
. 3 City's Rights and Remedies Upon Default.

A. Assessment of Liquidated Damages. The parties agree that Contractor's failure to perform the services set forth in this Agreement will cause damage to the City by undermining the City's solid waste management and sustainability goals, and that the amount of such damage is difficult to calculate. Accordingly, the City shall have the right to assess liquidated damages for each and every violation of the Agreement, including, but not limited to the types of violations listed .below in amounts ranging from $100 to $500 per occurrence, and continuing each day until cured. This contractual penalty will be in addition to any other damages available to the City pursuant to this Agreement or under Applicable Law.

1. Failure to clean up all spilled waste resulting from loading and/or transporting - each incident at the same premises;

11. Failure to report an accident, incident or complaint by close of business on the same day;
m. Failure to submit complete, accurate reports and invoices in the specified format shall result in non-payment of invoice until submission of an accurate and appropriately formatted invoice is received;
1v. If, during the performance of their duties, any employee of the Contractor is found to possess or be under the influence of alcohol or illegal drugs or to be under the influence of any prescription drug which could impair the employee's ability, then in addition to a penalty, a written plan from the contractor to remediate the issue within a timely manner will be required.

B. Delete Certain Services. City may, without terminating this Agreement, delete certain portions of the services, reserving to itself all rights to recover losses related thereto.
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C. Perform the Services. City may, without terminating this Agreement, engage others to perform the services or portion of the services that has not been performed by Contractor, reserving to itself all rights to recover losses related thereto.

Suspension for Default. City may, without terminating this Agreement and reserving to itself to recover losses thereto, suspend all or any portion of this Agreement for as long a period of time as City determines, in its sole discretion, in which event City shall incur no obligation to Contractor for reimbursement of costs.

Terminate this Agreement. City may terminate all or any portion of this Agreement for cause according to the notice provisions set forth in Section 13 .1 of this Agreement, reserving for itself all rights to recover losses relating thereto.

Invoke the Performance Bond. City may, with or without terminating this Agreement and reserving for itself all rights to re9ov~r losses related thereto, exercise its rights under the performance bond.

Rights Cumulative. All of City's rights and remedies under this Agreement are cumulative, and shall be in addition to those rights and remedies available in law or equity. Designation of certain breaches shall not be construed as implying that other breaches of the Agreement are not events of default.

Section 14.3 · Default by City.

The Contractor shall have the right to terminate this Agreement in the event of the City's material breach of the obligations set forth in this. Agreement. A material breach shall be defined as the City's failure to pay the undisputed Per Ton Fee pursuant to Section 6.1 or the City's failure to comply with the provisions of Section 4.2. Alternatively, Contractor may elect to· provide to City a written notice of default concerning the City's failure to comply with Sections

6.1 or 4.2 of this Agreement. ·
Upon receipt of said notice, City shall cure any default in performance of its obligations within two business days after receipt of written notice·from Contractor provided; however, that if the default cannot reasonably be cured within such time then City will commence to cure the breach within two business days and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall be in no event be later than thirty days after receipt ofsuch written notice unless otherwise extended by Contractor. Upon notice of such default, either party may submit the dispute to the Dispute Resolution Procedure set forth in Section 17.2, below. ·
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Packet Pg. 120 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Section 14.4 Termination for Convenience.

A. City shall have the option, at its sole discretion and without cause, to terminate this Agreement in part or in whole by giving twelve months notice of termination to Contractor in accordance with the notice provisions of this Agreement. Any claim of the Contractor for compensable damages arising as a direct result of the City's termination for convenience may be submitted pursuant to the Dispute Resolution Procedure set forth in Section 17.2, below, and the Contractor shall have the burden of proof of such claim.

B. Pursuant to the provisions of Section 7 .3; either party may terminate this Agreement, without cause; provided, however, the party seeking the termination of this Agreement shall terminate the negotiations upon written notice and shall provide 12 months notice of termination to the other party prior to the expiration of the services required under this Agreement.

Section 14.5 Restoration of City Property and Public Right of Ways.

Upon expiration or termination of this Agreement, for cause or for convenience, the City will restore, at its sole and complete discretion, the City owned real property and the public right of ways to the condition of such properties as of the Execution Date, with the exception of the queuing lane on the south side of Delaware A venue, which will remain configured as a queuing lane and available for use by vehicles queuing for entry into the Transfer Station.

ARTICLE XV

MISCELLANEOUS PROVISIONS
Section 15.1 City's Right to Inspect and Approve.

City shall have the right to:
a. Inspect any facility or project site where the Service(s) under the Contract are performed;
b. Inspect and app~ove any equipment used by the contractor to perform Service(s);
c. Inspect and audit Contractor's records related to this work, state and local regulations managing MSW, and any invoices and payments sent to the City; and . .
d. Have a representative monitoring and reviewing scalehouse and queuing, arid general contract compliance.
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Section 15.2 Living Wage.

The City has adopted a Living Wage. Ordinance which requires the payment of a specified minimum wage for work done pursuant to a services contract with the City where the contract amount is $52,600 or more. This Living Wage Ordinance applies to services provided by employees who do not actually work as a manager, supervisor, or confidential employee, and who is not required to possess an occµpational license. The minimum wage is $13.05 an hour for the period commencing from July 1, 2008 up through June 30, 2009. This minimum wage rate is adjusted annually each July 1 by an amount corresponding to the previous year's change (January to January) in the Consumer Price Index for Urban Wage Earners and Clerical Workers 1967=100 Los Angeles-Riverside-Orange County, California. The Living Wage Ordinance applies to Services to be provided pursuant to this Agreement. Contractor must maintain payroll records that include, at a minimum, the full name of each employee providing services under the contract,job classification, and rate of pay.

Section 15.3 Oaks Initiative.

Upon the Execution Date~ Contractor will be required to submit a cqmpleted Oaks Initiative Disclosure Form.

ARTICLE XVI

MISCELLANEOUS PROVISIONS
Section 16~1 Applicable Law.
this Agreement shall be governed by the laws of the State of California Section 16.2 Titles for Convenience.

The table of contents and the headings of articles and paragraphs are for convenience only and shall not modify rights and obligations created by this Agreement.

Section 16.3 Severability.

If a provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.- Section 16.4 Successors and Assigns.

This Agreement shall be binding on successors, assigns and legal representatives of and persons in privity of contract with City or Contractor. Contractor shall ·not assign, sublet or transfer an interest in this Agreement without advance written Approval of City, pursuant to Article XI of this agreement. Assignment, subletting•or transfer will not release Contractor from · any of its obligations to City.
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Packet Pg. 122 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Section 16.5 Interpretation.

Contractor and City acknowledge that the terms of this Agreement have been mutually negotiated and that such documents shall not be interpreted against either City or Contractor on the basis that either party was responsible for or in control of the drafting of such documents.

Section 16.6 Survival.

All provisions of this Agreement which by their nature continue beyond the termination or completion of performance under this Agreement, including, without limitation, those obligations pertaining indemnification, insurance, confidentiality and ownership of documents, shall survive and continue in force after either termination or completion of performance by Contractor.

Section 16. 7 Entire Agreement.

This Agreement represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations· or agreements, either written or oral. This Agreement may be amended or modified only by Modification or Amendment signed by the parties and approved as to form by the City Attorney. Nothing contained in this Agreement shall be for the ben_efit of, create any contractual relationship with, or give rise to a cause of action in favor of any third party.

Section 16.8 Governmental Powers.

This Agreement is entered into by City in its proprietary capacity only and nothing in this Agreement shall be deemed directly or indirectly to restrict or to impair in any manner or respect whatsoever any of City's regulatory governmental powers or rights, or the exercise thereof by City.

Section 16.9 Independent Party.

Contractor is an independent party, and neither Contractor, its consultants or contractors, nor any of their employees or agents, shall be considered employees or agents of City.

Section 16.10 Force Majeure.

In the event that either party is delayed or hindered from the performance of any act required hereunder by reason of the unforeseeable refusal to grant or the denial, revocation or moratorium of or by applicable governmental authorities of building permits or by strike, unusually inclement weather (but not rain or wind), fire, riot, insurrection or war, then performance of such acts shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay (though in no event shall the excusal or extension granted hereunder exceed in the aggregate the period of six months).
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Section 16.11 Recitals and Exhibits.

The above recitals and following Exhibits are hereto are incorporated herein as a term of this Agreement. The Exhibits are as follows:

Exhibit "l"
Exhibit '2"
Exhibit "3"
Exhibit "4"
Exhibit "5"
Exhibit "6"
Exhibit "7"
Exhibit "8"
Exhibit "9"
Exhibit "1 O"
Exhibit "11"
Project Description
RSI Report
Description of Acceptable Materials and Estimated Quantities Preliminary Site Plan
Project Timeline
Acceptance of Facility
Insurance
Performance Bond
Disposal Facility Group
Equipment Purchase List
Performance Standards

ARTICLE XVII

DISPUTE RESOLUTION
Section 17.1 Dispute Resolution for Customer Complaints.

All Santa Monica customer complaints shall be reported to City by the close of business on the same day. The resolution of all Santa Monica complaints shall be reported to City for ·-review.If City accepts the report, the report will be deemed acceptable. If City determinesthat the complaint has not been resolved satisfactorily, City will comment on the report in writing to Contractor, if feasible, within ten (10) business days. If the Contractor disputes the results of the City's findings, the Solid Waste Management Divisio~ Operations Manager and Contractor shall meet within ten (10) business days of the report to resolve such dispute. If the dispute cannot be resolved between the Solid Waste Management Division Operations Manager and Contractor, the Contractor may submit a written statement of evidence to the Director of Public Works stating th~ cause of the dispute and eyidence supporting that party's position within five (5) business days of the meeting between the Solid Waste Management Division Operations Manager and Contractor. The Director of-Public Works shall set a meeting within ten (10) business days after receiving the disputing party's notice of such dispute. At such hearing, each party shall present evidence-supporting that party's position. Upon hearing evidence from both parties, the Director of Public Works shall then make a determination to settle the dispute.

Section 17.2 Dispute Resolution Procedure for Contract Disputes. .1. Definition of Contract Disputes. A "Contract Dispute" is a dispute between the Contractor and City concerning the alleged failure to perform an obligation pursuant to the provisions. set forth in this Agreement after notice and an opportunity to cure or those disputes identified as contract disputes subject to the dispute resolution procedure as identified in this 45 4.A.d
Packet Pg. 124 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Agreement; however, this provision shall not apply to any assessment of liquidated damages by the City or for issuance of a default for cause by the City . . 2 Initiation of Dispute Resolution Procedure. In the event of a Contract Dispute, either party will submit a written notice of a statement of contract dispute setting forth the details of the dispute along with any supplementary facts relating thereto. The other party shall provide a written response thereto within thirty days upon receipt of the written statement. The parties shall comply with each of the following steps in the Contract Dispute Resolution Process in the sequence in which they appear below. Unless City and Contractor agree otherwise in writing, the good faith efforts of a party who is a proponent of a Contract Dispute shall comply with the requirements of a step in the Contract Dispute Resolution Process as a condition precedent to the right of that party to proceed to the next step in the process.

A. First Step: Service Level Negotiations. The service representatives of City and Contractor shall meet as soon ~ possible (but not later than 7 Days after receipt of a Contract Dispute Statement) in a good faith effort to negotiate a resolution to the Contract Dispute. Contractor shall be represented by a service level representative in a supervisory capacity, and the City shall be represented by division manager of the services·. Upon completion of the meeting, if the Contract Dispute is not resolved, then the 'parties may continue the negotiations to the next level.

B. Second Step. Manage Level Negotiations. If the service representatives fail to resolve the Contract Dispute, then management representatives of the both parties, including an officer of the Contractor and a department head or representative of the City Manager's Office for the City shall meet in good"faith to negotiate a resolution of the Contract Dispute.

Upon completion of the meeting, if the Contract Dispute is not resolved, then the parties may continue the process to the next level.

C. Third Step. Mediation. If the Contract Dispute remains unresolved after the Second Step, and if either party wishes to further pursue resolution or determination of the Contract Dispute, the parties agree to submit the Contract Dispute to mediation before a mutually acceptable third-party mediator. In the event the parties are unable to agree upon a mediator within seven Days after the Second Step meeting, then the parties shall submit the matter to the American Arbitration Association ("AAA") at its Los Angeles Regional Office for selection of a mediator in accordance with AAA Mediation Rules for selection of a mediator. The location of the mediation shall be the offices of City. The costs of mediation shall be borne equally by both parties. The mediator shall provide an independent assessment on the merit of the Contract Dispute and recommendations for mediation. All discussions that occur during the mediation and all documents prepared solely for the purpose of mediation shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and .1152.

D. Fourth Step: Bench Trial. lfthe Contract Dispute remains unresolved after the Mediation set forth above, either party wishing to further pursue resolution or determination of the Contract Dispute shall cause to be filed a complaint with a court of proper jurisdiction.

Trial of any such action shall be solely by a decision of a judge and without decision or verdict, advisory or otherwise, by jury.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the date and year first above written.

ATTEST:
lt.A .. ~ +~aAMARIA STEW ART .

City Clerk
APPROVED AS TO FORM:

CITY OF SANTA MONICA,
a municipal corporation

SOUTHERN CALIFORNIA DISPOSAL AND

RECYCLING COMP ANY
By~,d~
47 LUKE KARDASHIAN
President

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EXHIBIT "1"

PROJECT DESCRIPTION
OF THE TRANSFER STATION AND THE SELF HAUL FACILITY . .

1. Transfer Station
Contractor is independently responsible for the design and construction of its SCD Transfer Station expansio.i:i on its land as set forth in Recital J, above. However, the City will have design input so as to ensure the safe and efficient operation of the SCD Transfer ~tation and City owned sites. SCD shall operate the Transfer Station in accordance with this Agreement and SCD will modify the expanded Transfer Station as set forth below:

A. The transfer station may incorporate architectural enhancements to the existing facility that would help achieve the City's desired LEED Silver certification.

B. "Acceptable Material Waste is to be unloaded on the tipping floor and stockpiled inside the building for transfer. Clean loads of select recyclable materials such as construction and demolition debris·or green waste, as well as recyclable materials pulled from the mixed.waste, may be stockpiled separately inside 'the _building for separate load-out and shipment for further processing and "recovery: Food waste will also be received at the station and loaded out separately for delivery to a processing faciHty.

Upon completing the unloading process, exiting vehicles that do not have an established tare weight will weigh· on the dedicated outbound scale.

C. A top loading transfer port exists along the south wall of the building. It is accessed by transfer tractor-trailer rigs that back down a ramp inside the building.

2. Self Haul Faf;ility
The self haul facility is envisioned· to. be east of the transfer station on the east side of Frank Street. Inbound public customers will use the new inbound scale on Frank Street prior to entering the self haul unloading and transfer area. The land and permanent structures will be owned by the City. All mobile and stationary equipment (loaders, forklifts, sorting lines, scales, etc.) will be owned by SCD who will operate the facility. · The self haul area will be, at a minimum, a semi-enclosed area where customers can access and unload their materials in designated areas or containers. The designated areas or containers for. unloading recyclable materials such as construction and demolition waste, green waste, and inerts, will be provided separate from the area where mixed non-recyclable waste materials will be unloaded and stockpiled. Non-recyclable _self haul materials will be loaded into vehicles for shipment and disposal. Recyclable materials will be loaded into vehicles and shipped for further processing and recycling. The majority of the s_elfhaul area is expected to be underlain by old land filled materials. The load-out structure may need to be supported on piles or over-excavated landfill materials replaced with structural backfill. 48 4.A.d
Packet Pg. 128 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Upon .completion of the unloading process, self haul customers will exit across the transfer station outbound scale, along with un-tared transfer station customers, for weighing and payment. A dedicated fire lane will be provided for access to the residential area to the southeast.

The City is responsible for design, permitting, and construction of improvements on its land. However, SCD will have design input and the parties will work together to ensure the safe and efficient operation of the SCD and City sites. In any case, the City will have final decision authority regarding design of facilities on its land; and likewise SCD will have final decision authority regarding design of facilities on its land.
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EXHIBIT "2"

OPERATIONS PLAN

TRANSFER/PROCESSING REPORT

SOUTHERN CALIFORNIA DISPOSAL
COMPANY ··

RECYCLING AND TRANSFER STATION
·owner and Operator:

SOUTHERN CALIFORNIA DISPOSAL COMPANY
'
P.O. Box 25666
W. Los Angeles, CA. 90025
Revised October 2008
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TABLE OF CONTENTS
Section

1.0 INTRODUCTION AND PURPOSE

2.0 FACILITY PHYSICAL DESCRIPTIONS, LQCA TION

AND SURROUNDINGS

3.0 . RECYCLING AND TRANSFER PROCESS AND

POLLUTION CONTROL

4.0 OPERATIONS

5.0 LITTER, VECTOR CONTROL AND EMERGENCY PROCEDURES
SJ Hazardous Waste Mitigation and Removal Procedure

5.2 Equipment Breakdown

5.3 Fire in the Waste

5.4 Odor and Dust Control

6.0 RECYCLING AND TRANSFER STATION CAPACITY

7.0 UNUSUAL PEAK LOADINGS

8.0 ASHES AND RESIDUES

9.0 QUENCH AND PROCESS WATER

10.0 MANAGEMENT ORGANIZATION

11.0. PERMITS AND LICENSES

12.0 METHODS TO COMPLY WITH STA TE MINIMUM STANDARDS

STATEMENT OF PREPARATION

APPENDICES

A SITE PLAN

B RESUMES AND ORGANIZATION

C WIND ROSE

D AL TERNA TE ODOR MANAGEMENT PLAN
1 I
6 9
11 12
14 14
15 15
16 17
17 17
17 18
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1 TRANSFER/PROCESSING REPORT

SCD RECYCLING AND TRANSFER STATION

SANTA MONICA, CALIFORNIA

1.0. INTRODUCTION AND-PURPOSE
This Transfer/Processing Report (TPR) for SCD's large volume transfer and i:ecycling facility has been prepared in accordance with Section 17403.9 of Title 14 of the California Code of Regulations.

This TPR update is for the transfer station expansion proposed in October 2008. The proposed addition of approximately 7,000 square feet of tipping floor area to the transfer station will not increase the amount of solid waste being processed at the facility but will allow the facility to achieve a higher diversion rate due to increased sorting areas and a more efficient storage system.

2.0. FACILITY PHYSICAL DESCRIPTION, LOCATION AND SURROUNDINGS The SCD Recycling and Transfer Station (SCDRTS) is owned and operated by Luke Kardashian and Mike Matosian, and is located at 1908 Frank Street, Santa Monica. The 9,600 square foot covered transfer station occupies a 28,200 sf (0.65 acre) parcel of land on the west side of Frank Street. An associated 14,500 sf gravel-surfaced parcel, which is and will continue to be used for circulation, parking and storage, is located on the east side of Frank Street across from the transfer _station (See Appendix A for Site Plan).

Figure I shows the location of the SCDRTS north ofthe Santa Monica(I-10) Freeway and west of Frank Street. The property is located on· "back" streets, is visually screened from the adjacent freeway and secluded from major avenues such as Pico and Olympic Boulevards. Despite this visual seclusion, the site has excellent freeway access through commercial and industrial zoned areas via the Cloverfield Boulevard freeway off-ramps.

As shown in Figure 2, within a 1,000-foot radius of the site the area north of the Santa Monica Freeway·is comprised of various zones. The SCD facility, as well as other areas, have been re-zoned to Light Manufacturing (M-1) and Studio District (LMSD). The adjacent City of Santa Monica Yard is zoned Light Manufacturing (M-1). The local.park is zoned Designated Park (DP); and the nearby mobile home park is zoned Residential Mobile Home Park (RMHP). The area south of the freeway remains zoned Low Density Multiple Resiclential (R2).

SCD owns other related facilities within a l,000-foo~ radius of the station as shown on the Land Use/Ownership exhibit in Appendix A. These facilities include: a vacant 7,850 square foot (0.17. acre) parcel adjaceni to, and north of, the transfer station on which the expansion is proposed, a 0.33-acre gravel-surfaced yard across Frank Street from the 1 4.A.d
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Vicinity Map
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Figure 2
Zoning Map
3 AZ

CITY OF SANTA MONICA ZONING
C4 · Commerelnl
DP Dealgnated Perk ·LMBD Light M111111ufetlturlng & Studio Dl11rlct RMH Reeldentlel MobffeHome Perk
R 1 Single Pemily Re9id1nti11I
R2 Low Den,lty Multiplpe Fnmnv

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Packet Pg. 136 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection station (this yard may be used for truck queuing and storage); a 0.11-acre storage yard west of the station on the east side of Delaware Avenue; a 0.53-acre main yard and office further to the south on the north side of Delaware A venue; and a 1.5-acre vacant industrial facility on the north side of Michigan A venue.

Generalized land use is shown in Figure 3. Several other structures are proximal to the.

SCDRTS site: To the west of the subject property is a pest control service facility operated by Dewey Pest Control, Inc. To the south and along the entire southern border of the property is the Santa Monica (I-1O) Freeway. To the east is Frank Street Northeast across from this street is a rock-crushing facility. Further to the north and northwest, directly across Delaware Street, is the Santa Monica City Public Works Yard and Transfer Station.

Also to the north, at the southwest corner of Frank Street and Delaware A venue~ is a vacant lot. This lot will be used for the proposed expansion of the transfer station.

Finally, a portion of a residential mobile home park is located within 1,000 feet of the transfer station, to the east near Stewart Street. It should be noted that the 1,000 foot impact zone of the SCDRTS almost wholly.coincides with the impact zone of the existing City of Santa Monica Refuse Transfer Station, which is currently operating as a large volume transfer/processing facility, and no substantial new areas are impacted.

Therefore, the adjacent zoning and surrounding land uses are compatible with the proposed facility.

Typical above-grade power and telephone lines run onto the property from the east.

Additionally sewer and water lines run below grade along Frank Street. Appendix A contains a copy of the Site Plan which shows the locations of on-site structures and uses.

Clim!:ltic conditions prevailing at the station location are excellent, with generally no rainfall from March until November and with fil1 average of about 12 inches of rainfall •from November to April. Winds during most of the year are southwest to westsouthwest, except during· "Santa Ana" wind conditions, when they come from the east.

Wind velocity rarely exceeds 10 knots except during "Santa Ana" conditions where they may occasionally gust. Appendix C contains a wind rose chart depicting mean wind velocity and direction data expected at the site.

The entire SCDRTS property is bordered with block walls and security fences with openings protected by heavy rollinR gates which will be kept locked at all times other than during normal business hours. As part of the proposed transfer station expansion, the existing screen wall along the I-10 Freeway will be _extended to the east approximately 200 linear feet, new walls will constructed around the north and west elevations of the proposed transfer station addition, and a new fence/wall will be constructed along the property's Delaware Avenue frontage. The site will be safely 4 4.A.d
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Figure 3
Land Use
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Packet Pg. 138 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection enclosed during non-operating hours and screened from view along its most visible boundaries. ·
The facility consists of a fully-covered tipping floor and transfer truck pit area, a yard, and a scale (see Appendix A - Site Plan). A lighting system provides a minimum of 30 · foot candles throughout the interior of the facility. To keep process materials such as waste and reclaimed materials from absorbing any outside precipitation, the stations roofing extends from the station floor to the transfer truck pit, and roof coverage also incl1:1des the transfer ramp to avoid any possibility of water accumulation. (Any sheet flow down the entrance to the ramp is collected by a trench drain at the edge of the roof covering and drained away from the pit).

Due to the trapezoidal geometry of the lot, the 9,600 sf transfer and recycling building is not quite rectangular, but measures roughly 70 feet by 113 feet. The proposed expansion of the transfer station will add approximately 7,000 square feet of covered tipping floor area to the existing facility. New walls will enclose the north and west elevations of the proposed transfer station addition and the existing rooflines will be continued and extended over the proposed addition. The east elevation of the proposed transfer station will remain open. The new tipping floor area will be used for sorting recyclable materials, and will contain bunkers for C&D, and greenwaste. Also, separate areas for Ewaste, tires and appliances will be located adjacent to the new tipping area.

As fully discussed in Section 6.0, the steady-state maximum load capacity of the facility is approximately 1,056 tons~pet-day (TPD), assuming 12 hours continuous operation with ideal loading conditions. Theoretically, by incr~asing operating hours the facility has a maximum daily load capacity and maximum peak load capacity of approximately 2, 112 TPD. The expected average daily capacity however, is limited by externalities such as landfill accessibility. Most landfills are· only open 8 - IO hours a day and access to them is dependent upon highly variable traffic conditions.

In addition to the trucks and other vehicles used by the general public, vehicles operated at the SCDRTS consist of four loaders (one of which may be held off-site in reserve), seven ACE 100-cubic yard (cy) semi-trailers with load-gauges and specially fitted tarps for transferring Municipal Solid Waste (MSW) to landfills and recyclable and compostable material to processing facilities. The site also contains a 40-ft computerized truck scale, a set of transfer truck axle scales located in the transfer truck pit, a 5cy stationary compactor with a JO cy pre-compaction chamber and a number of various storage bins for storing reclaimed materials. Much of this equipment is kept nearby at SCD's existing yard on Delaware Street. Should any equipment fail at the station, a backup may be readily used or dispatched from the Delaware site, or from Sam's U-Rent, . located 6-7 minutes away at 113 71 Pico Boulevard in West Los Angeles. 6 4.A.d
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3.0 RECYCLING AND TRANSFER PROCESS AND POLLUTION CONTROL Collection vehicles carrying lo.ads of MSW, greenwaste and C&D debris arrive via Delaware Avenue. Trucks pull into'the facility through the Frank Street gate and onto the inbound scale ..

Most collection vehicle's tare weights are kept on record so that the weight of the truck may be automatically deducted from the gross weight on the computerized scale reading.

While the collection vehicle is on the scale, th~ supervisor records the number of the collection vehicle, notes the route (for SCD vehicles) and type of waste, and after the · weight of waste is determined, the supervisor instructs the driver to deliver the load to the appropriate area of the transfer station tipping floor, such as MSW, greenwaste, C&D, foodwaste and electronics. Foodwaste will be loaded into a covered and sealed roll-off container located next to the transfer ramp.

If, for any reason, the supervisor suspec~s that any hazardous wastes might be present in the collection vehicle on the tipping floor, he or she will follow the Hazardous Waste Mitigation and Removal procedure outlined in Section 5.1. As also outlined in Section 5 .1, no materials are collected or transferred that are suspected of being hazardous, contaminated, or toxic. Similarly, liquids, dead animals, infectious hospital wastes, septic tank pumpings, pesticides, chemical and radioactive wastes are not permitted to be collected or to enter the SCDRTS by any means.

After the collection truck driver has emptied the load of municipal solid waste (MSW) onto the appropriate area on the tipping floor, the waste is positioned by a wheeled loader . . . according to the type and composition of the load .. Collection vehicles with recorded tare weights will exit the facility directly after dumping. Those few without tare weights will proceed over the scale for weighing out and payment of fees. Note that the majority of self-haul vehicles will be tipping in a separate Self-Haul Facility across Frank Street.

This will.free up the transfer station for better traffic circulation. However, some selfhaul vehicles may be directed to the transfer station as appropriate.

With receipt of all tonnage froni the City of Santa Monica's transfer station, the composition of material to be received at the SCDRTSis estimated as follows:
• 50% residential waste
• 40% commercial, and
• 10% light industrial,
SCD has the ability to divert up to 10% of its waste stream to secondary markets by floor sorting of cardboard, metal and other easily reclaimable recyclables. These material are placed in temporary storage drop boxes located inside the facility .. At the beginning of each shift, partially filled boxes and/or boxes that take longer than one day to fiJI are inspected and replacement bins are scheduled for delivery from the Delaware Site as necessary. Once the drop boxes are appropriately filled, the boxes are taken across DelawareAvenue to the City Recycling Center, or loaded onto a truck and driven to any other. purchaser of reclaimed materials, as is most economical. A 5-cy stationary , 7 4.A.d
Packet Pg. 140 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection compactor from Compaction Control Industries is provided that may be utilized for baling materials into smaller, more manageable volumes (See Appendix A -Site plan). In no case will storage of these materials exceed 14 days.

All members of the picking crew will wear safety goggles, safety vests, safety gloves, and ear/respiratory protection, as is prudent when noisy or dusty conditions develop. In addition, backup alarms are installed on the skip loader and collection trucks for the protection of the workers on the station floor. In event of large amounts of recyclables removed from the waste stream, the full, covered boxes may be properly and securely stored at off-site SCD facilities, along with other empty drop boxes used by SCD collection operations for emergency storage, until a truck can be dispatched to deliver the materials to the proper recycling operation.

To complete the transfer of the waste onto the landfill-bound vehicles, the tractor-trailers proceed to the eastern gate on Delaware A venue and onto the project site. The transfer trucks will be queued east of the transfer pit and, once cleared by a spotter, will back into the pit for loading. The site accommodates queuing of eight trailers. After backing into the transfer pit, the waste is loaded into the trailer from above by the skip-loaders. When each trailer has been filled to capacity (as determined by the axle scales) the load is covered by a hydraulically-operated enclosure screen assembly; artd the trailer exits the facility via the eastern gate to Delaware Avenue and to the I-10 Freeway. All MSW is driven to a designated permitted sanitary landfill for disposal; These may include:

Puente Hills, Sunshine Canyon, or other landfills. When the next empty trailer has been moved into place, the loading cycle continues.

As is the standard practice at most transfer stations, available trailers are filled at the end of the day for purposes of early dispatch on the morning of the following workday. All waste is held for less than 24 hours, and is removed on a daily basis.

The proposed station site is paved with concrete suitably sloped for runoff of water, in accordance with the city approved grading plan. As previously stated, all waste is isolated by a roof over the tipping floor, pit and ramp. With this design, there is no contact or process water or leachate which might enter the soil underlying the station nor is there any drainage from the property.

4.0. OPERATIONS
The SCDRTS is permitted to operated from 5 a.m. to 7 p.m. Monday through Saturday however, actual operations for receiving materials, processing, and transferring will occur from 5 a.m. to 3 p.m. Monday through Saturday. Depending on workload, the facility may even operate shorter hours. The facility is closed Sundays and the following major holidays: New Year's Day, Memorial Day, the 4th ofJuly, Labor Day, Thanksgiving Day, and Christmas Day. This operating period·is set around the operating hours oflocal sanitary landfills. After all waste is accepted from the collection trucks, the last hour of each day is spent dry sweeping the tipping floor, cleaning the yard as necessary, and 8 4.A.d
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filling available trailers. for the next day's trip. It should be noted that no water is brought into the pit, ramp or transfer area.

Table I provides a forecast of the tonnage expected at the facility. It is assumed that the material currently handled at the City of Santa Monica's transfer station will begin flowing to SCD in 2010. This table was computed as an average, and took into consideration seasonal and peak wec;:kend factors; which typically may boost daily quantities 20:-25% for short periods of time. These fluctuations are not unusual, and ·are consistent with the exponential anjval function used in transfer station queuing models.

Table I -Five Year Transfer Projection

TYPE OF MUNICIPAL SOLID WASTE

YEAR RESIDENTIAL COMMERCIAL
2009 500 200
2010 600 300
" 2011 600 300
2008 600 300
2009 · 600 300

INDUSTRIAL
50 75
75 75
75 TOTAL
750TPD
975 TPD
975 TPD
975 TPD
975TPP
A first aid kit, portable eyewash and a drinking fountain are provided adjacent to the restrooms. In addition, a full complement of sanitary and comfort facilities are provided for SCD employees at the Delaware yard which include first aid, locker rooms, shower facilities, toilets, drinking water, vending machines and an eating room.

Standard OSHA-approved, industrial earplugs are available to employees and eye protection required at all times. This facility does not generate unhealthful levels of noise for people using the site or nearby residences. Similarly, on-site operations comply with the City of Santa Monica Noise Contour limit of70 dBA at the lot line. Decibel ratings for this equipment are listed in T_able II.

A preliminary noise analysis has been performed. The ambient noise study has indicated that there is no need for any specific noise control designs and that the facility will comply with community noise impact limits, Additionally, no noise complaints are known to have been made regarding equipment engine noise or any other noise originating from similar operations in the general area.

Table II - Decibel Values for Station Equipment.

NOISE GENERA TOR
Tractor-trailer
Collection Vehicle
Roll-off
Skip Loader
Compactor
Supervisor's whistle
MaxdBASPL
82 80
85 70
75 80
9 DISTANCE
15 feet
15 feet
15 feet
15 feet
15 feet
15 feet

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5. 0. LITTER AND VECTOR CONTROL AND EMERGENCY PROCEDURES Litter control is primarily accomplished via the partial enclosure of the tipping floor by walls on three sides. Prevailing south-westerly winds do not blow into the east-facing open side of the tipping area and occasional north-easterly Santa Ana's are trapped by the walls on the other three sides of the transfer area. Any waste that somehow leaves the transfer area and escapes the yard is gathered from adjacent grounds and surrounding streets and gutters by the litter picking crew at the end of daily operations.

A transfer trailer tarping program is used to mitigate the -possibility of litter being blown out of the transfer vehicles. Each trailer is fitted with a specially fitted, hydraulicallyactuated tarp assembly that seals the top of the trailer from wind and precipitation. The assembly is kept closed on SCD transfer-trailers, except when loading or when transfer- ·trailers are empty. Other collection vehicles are to comply with appropriate State regulations.

Vector control is accomplished by proper and sanitary housekeeping. lbis activity includes keeping the area swept clean and cleaning off the tipping floor at the end of each shift. Additionally, rodent traps may be placed at strategic locations;'however, there is currently no evidence of rodent or insect control problems in or near this facility. For vector inspection and control purposes, specialists at Dewey Pest Control (located immediately adjacent to the SCDRTS) are on call, and can quickly respond to pr~blem_s.

Odor control is managed by the immediate transfer of any materials noticed tc:i be particularly foul, and by proper and sanitary housekeeping which includes daily cleaning of the facility. In addition, an odor and dust suppression misting system has been installed as detailed in Section.5.4.

Emergency procedl.µ'es for the possibility of receiving hazardous waste at the facility, equipment breakdown and fire are summarized separately below. Emergency operation of the facility does not depend upon electric energy, so electric power failure does not constitute an emergency situation, but merely an inconvenience.

Dust control is exercised as another basic housekeeping procedure. Any loads noticed to have unusually low moisture content or indicated by the dryer to contain dry soil or other dusty materials are lightly sprayed with water during dumping so that dust will not be created in pushing the material on the tipping floor or emptying into the transfer trailer in - the pit below. In addition, a dust suppression misting system has been installed as detailed in Section 5.4. At no time will any part of the waste be al_lowed to become saturated with water, and no runoff water will be create<:! as the added w~ter is absorbed into the waste. Workers are required to wear dust masks.

5.1. HAZARDOUS WASTE MITIGATION AND REMOVAL PROCEDURE
With respect to the detrimental effects that improper handling of hazardous waste can bring to human health and the environment, a stringent Hazardous Waste Mitigation 10 4.A.d
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Program has been adopted at SCDRTS. This program seeks to mitigate the transfer of hazardous waste to landfills by publicly discouraging the improper disposal of hazardous waste and-by the implementation ofa Hazardous Waste Screening_Program.

Public discouragement of improper disposal of hazardous wastes is accomplished as follows: First, each SCD collection container has been marked with the following warning: "TRASH ONLY - NO CHEMICALS OR HAZARDOUS MATERIALS, ·No LIQUIDS, NO DRUMS, NO CONTAINERS." Second, pictorial warnings that do not require knowledge of English complement the aforementioned written warning. Third, each SCD customer is verbally and contractually warned of the clear liability associated with the improper placing of toxic wastes.

In addition to marking each SCD collection container and to further discourage and mitigate the possibility of hazardous wastes being transferred to a landfill, there is a sign at the c:mtrance to the SCDRTS that reads, "Trash.only - No chemical or hazardous materials, no liquids, no drums, no containers". In addition, a Hazardous Waste Screening Program is in effect at all ti_mes at the SCDRTS. This program is comprised of two types of scre~ning: Point of Collection and Point of Transfer.

The SCDRTS Hazardous Waste Screening Program begins with proper SCD employee training in Hazardous Waste Recognition. Each SCD employee involved with collecting, hauling, recycling, or otherwise handling MSW is trained to be aware of and to recognize common hazardous waste warning signs such as closed containers, unusual odors, smokes, reactions, objects that 'appear to be unusually packaged, or objects that are obviously seen as contaminated or hazardous. In addition, workers are traine4-in handling hazardous waste and are specifically observant to common hazardous wastes such as motor oil, dead animals, infectious hospital waste, sewage sludge, septic tank pumpings, pesticides, chemical waste and any other types of liquid or sludge materials.

Screening at the Point of Collection is prin;iarily .accomplished by the SCD Collection Vehicle Operators, who will refuse taking any containers recognized or suspected of containing Hazardous, Contaminated, or Toxic materia_ls. ,A.11 employees involved with the collection of waste are required to have training in Hazardous Waste Recognition and Handling techniques, as described above. ·
Point of Transfer Screening will include a radiation detector, permanently located at the scale area, which will operate at all times to detect any radioactive material in the incoming waste toads. However, most screening· is primarily accomplished. by random sampling of incoming loads; The Random Load Checking Program is in effect on the tipping floor of the transfer station to provide further insurance against the possibility of hazardous materials being transferred to landfill-bound vehicles.

The procedure for selecting and checking loads is as follows: As one of the duties of the safety manager, nyo half-hour intervals wiU be selected by a statistical random process each day. At the beginning of the first shift, this information will be forwarded to the.

Station Supervisor who then directs the first load arriving after the randomly selected . I I

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Packet Pg. 144 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection time period to be spread out in a clear area of the transfer station. The waste is then checked for signs of hazardous materials. If the load is large or intricate, recycling personnel familiar with hazardous waste recognition and handling techniques will assist the Supervisor in inspecting the waste. In all inspections, the waste will be turned over or sifted to ensure that .it may be carefully rechecked before being returned to the waste stream. The successful implementation of this internal Random Load Checking program, in combination with the aforementioned Point of Collection mitigation procedures . outlined above should sufficiently decrease the likelihood of inadvertently transferring any hazardous, contaminated or toxic materials. Table III lists the agencies to be notified in case of a problem.

Table III - Agencies to be Notified in the Event of Unlawful Disposal AGENCY:

L.A. County Fire Department Hazardous
Materials Unit
California State Department of Health Services,
Toxic Substances Control Program
City of Santa Monica Fire Department
California Highway Patrol
( 1) L.A. County Dept.
of Health Services
Med. Waste Div.
(2) EMERGENCY

1. (323) 890-4317
(213) 897-7170
(310) 458-8651
(714) 567-6000
(213) 977-7379
911

TELEPHONE
NUMBER
Although the SCD Hazardous Waste Screening Program should reduce the amount of toxins entering the property to near zero, the possibility will always exist that hazardous or toxic wastes may be discovered at the SCDRTS. In consideration of this unknown amount of hazardous material being present, SCD has adopted a specifi~ Hazardous Waste Removal Procedure to be put into effect whenever any material is discovered that is suspected of being hazardous or toxic.

The first step of the procedure is to isolate the suspected materials _from all other waste while the Supervisor is quickly notified. Second, the area is placed off-limits for all workers and trucks, the Los Angeles County Fire Department Hazardous Materials Unit, and the City of Santa Monica Fire _Department are notified of what the waste is· suspected to· be and it is determined if their services might be needed. If the material is then positively identified as being ·hazardous, the material is removed under emergency procedures into a 55-gallon drum or 6-millimeter plastic lined drop-box as is appropriate for the site and nature of the waste, located in the 10 by 15 ft Hazardous Waste Isolation Area delineated on the Site Plan, Appendix A. Each waste is contained in a separate container so that hazard classes may be kept separate, unless the safety manager directs that certain materials may be combined. In no instance shall incompatible wastes be 12 4.A.d
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mixed (e.g. acids and bases, oxidizers and reducing agents, cyanides and acids) or shall containers be used that are lined with materials which may react the hazardous material.

The containment vessels will be inspected weekly to insure they are in a suitable condition to contain liquids.

As prescribed by law, at no time will storage exceed 90 days before the waste is taken by a Perniitted Hazardous Waste Hauler to a suitable .landfill. If information regarding improper disposal becomes available through the Random Load Checking or Point of Collection screening programs, th_e Station Supervisor wiil forward any information to the County District Attorney arid the California Highway Patrol (CHP); and investigate if the hazardous waste may be returned to the originator for proper disposition. .

In the event of a hazardous liquid spill, the liquid will immediately be isolated from any materials with which it may possibly react and will be contained under the direction of the Safety Manager with vermiculite or another approved containment agent so that it may be gatJ::iered into a hazardous material container, be identified and labeled, and be properly disposed ofby a licensed and permitted hazardous waste hauler.

In any case wher~ hazardous waste is screened out of the waste stream; it will be m!:lflifested with the SCD's pre-assigned Environmental Protection Agency (EPA) Small Quantity Hazardous Waste Generator (HWG) number (CALOOO139938) for tracking, handling,.storage, transportation, and disposal.

5.2. EQUIPMENT BREAKDOWN
Under normal circumstances, breakdown of any critical equipment at the Recycling and Transfer Station does not constitute an emergency condition because backup equipment is maintained at the parent facility down the street. However, should multiple equipment failures occur simultaneously, backup equipment may be easily obtained from Sam's UDrive, located 6-7 minutes away at 11371 Pico Boulevard in West Los Angeles. In the event of electrical power failure, an on-site backup generator will provide sufficient electrical power to continue operations.

5.3. FIRE IN THE WA.STE
Should there be a fire or smoldering of any of the waste dumped on the tipping floor, the loader operator (trained prior to assignment in proper procedures to handle burning waste) safely isolates the burning material to any available, separate, clear area outside of the building. Other personnel immediately notify the Station Supervisor, who informs the fire department then comes on scene·to take initial cfiarge of fire extinguishing procedures,· as appropriate. From a safe distance away, other personnel may activate 100 ft long, one inch diameter fire hose reels fitted with adjustable heads, ranging from solid stream to spray, until the fire department arrives to take control of fire-fighting.

If the fire appears that it might spread beyond the ability of the on-site fire suppressive capabilities, the Supervisor directs that the Fire Department be updated of the status of 13 4.A.d
Packet Pg. 146 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection the emergency, if not yet on the premises. In instances of any danger to the personnel or facility, the Company Safety Manager will join the Supervisor at the scene to assist in managing the emergency. After the fire has been extinguished, the waste is allowed to remain separate for several hours to insure that it cools and that there is no chance or flaring up or spreading to other waste on the tipping floor.

SCD employees are trained in the use of a fire extinguisher and the hose reel by the City of Santa Monica Fire Department. In instances where the Fire Department is notified, fire-fighting staff with a complete line of protective gear will arrive in 3.5 minutes. All emergency procedures are practiced at least once per month by assigned personnel as a drill.

5.4 ODOR AND DUST CONTROL.

A misting system has been installed to mitigate/control odor and dust. The system consists of one high-pressure pump unit, double-filtered with one ph9sphate and one five., micron cartridge, 1,000 psi operating pressure, 7.5 hp, 220-volt thermally protected motor rubber-mounted on an aluminum sub-frame, with fiberglass enclosure, auto drain valve, low water pressure safety_ switch . . Attached in the appropriate areas approximately 30 feet high is 350 feet of 3/8 stainless steel tubing which covers the transfer station tipping floor with nozzles 24" on center. The system also includes one Dosatron chemical injector to inject appropriate odor control chemicals, and a time clock (timer) to ruri the system automatically with an over-ride switch to operate the system manually,- if necessary. An Alternate Odor Management Plan is included as Appendix D.

6.0. SCDRTS CAPACITY

RECEIVING
bi early 2006, SCD performed three days of monitoring of collection trucks from the City of Los Angeles (COLA) during the busiest days and hours at the SCD transfer station.

D1,lring these periods, the facility averaged about 15 COLA trucks and 82 tons per hour.

The average total time on she from start of queuing for the scale to final exit averaged about 12 minutes per truck. Even at these heaviest use periods, the.facility was operating in a free flow mode, with no delays, and spare capacity for addition trucks.

Given that ·the facility with the expansion has five unloading positions, the above information suggests that each could handle five trucks per hour at maximum throughput capacity; for a total of25 trucks per hour. Based on the average truck payload during the survey of 5.64 tons, the facility could theoretically handle a steady-state flow of 25 trucks x 5.64 tons= 141 tons per hour. This is well above the receiving and transfer tonnage necessary to run the facility, even at maximum permitted volumes.

LOAD OUT
The peak load and maximum daily load capacity may be estimated with a simple calculation of average service time for the tractor trailers. The time necessary for a tractor 14 4.A.d
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trailer to be filled is broken down into three parts: positioning time, filling time, and exiting _time. According to the design engineer of the facility, a minimum of 1 minute will be needed to move a transfer vehicle out of the pit and out of the way of the queue.

Another 6 minutes will be required to bring-an empty tractor trailer out of the queue (if there are any other trucks waiting) and into the position for receiving waste. This positioning time has been accomplished in the field to the satisfaction of the design engineer. Another 8 minutes will be required for filling the trailer from above with double skip loaders, after the trailer is in position. Thus, the total minimum time of completing one load is 15 minutes, for a maximum of four loads per hour, which was the intention ofthe·design engineer in the design of the facility.

Therefore, the peak load capacity Cd is limited as follows:

Cd= 22 Tons/load *4 loads/hour * 12 hours/shift
Cd= 1,056 Tons/shift
Theoretically, th_e steady-state daily load capacity (24 hours) of this operatio~ would iricrease proportionately to 2,112 TPD in continuous operation, if lanpfills were available.

This equaies to a loadout capacity of 88 tons per hour (TPH).

7.0 UNUSUAL PEAK LOADINGS
Should any unusual peak days be forecasted or experienced, three measures will be taken:

1. All available tractor-trailer sets are placed in operation;

2. An extra skip-loader is placed into operation;

3. Trailers are loaded as readily as possible, and queuing is coordinated by the Station Supervisor. · ·
If further measures are deemed necessary, loads containing a high degree of inert materials such as construction or demolition debris may bypass the transfer station and proceed directly to the nearest landfill. Also, trailers may be filled at the end of each shift and dispatched early the next morning, as is the case at most transfer stations.

8.0 ASHES AND RESIDUES
Ashes and other possible hazardous wastes will not be transferred at this facility. If any ashes or other possibly hazardous materials are encouniered, the aforementioned Hazardous Waste Procedure will be followed.

9.0 QUENCH AND PROCESS WATER
No combustion processing is performed at this fac_ility, thus no quench water will be created. Process water will similarly not be created as no water is used in conjunction 15 4.A.d
Packet Pg. 148 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection with the transfer process at the facility. Since all operations are conducted under the roof covering, runoff water such as rain will not come into contact with any waste. Also, no wash water is created as loaders, trailers, and other equipment are not washed or maintained on the premises.

10.0 MANAGEMENT ORGANIZATION
Appendix B depicts the organizational arrangement within the Southern California Disposal corporate structure for management and operation of the SCDRTS. In addition to the management, supervisory and administrative personnel, an average of three individuals will be engaged in the transfer operation, with another two involved with the recycling operation.

In case of emergency (after hours) notify:
_Luke Kardashian or Mike Matosian, (310) 828-6444 (24 Hours)

SOUTHERN CALIFORNIA DISPOSAL COMP ANY
P.O. Box 25666
W. Los Angeles, CA 90025
l 1.0 PERMITS AND LICENSES
Permits, licenses, and approvals are listed below:
• City of Santa Monica Permit to Operate Underground Tank (October 1990) • City of Santa Monica Business License (1977)
• City of Santa Monica Administrative Approval Determination And Finding of Municipal Code and Gep.eral Plan Conformance (May 1989) • SCAQMD Permit to Operate
• Solid Waste.Facility Permit, No. 19-AA-0846 (March 26, 1998) • EPA ID (HWG) No. CAL-000139938 (January 1998)

12.0 ME_THODS TO COMPLY ~ITH STATE MINIMUM STANDARDS
This section discusses how the facility will be designed_ and operated to meet State Minimum Standards relating to transfer stations, Title 14, Section 17406.1 et. seq.

CLEANING
Litter crews police the site daily, and will clean all paved are~, driveways, and the frontage sections along Frank and Delaware Streets as needed. In addition, the baler and other stationary equipment is cleaned by hand of accumulated dirt and debris on an "as needed" basis. This is typically done using dry sweeping methods. The minimal amounts of waster produced are absorbed in the residue ~aterial going to landfill, or simply evaporates.

HAZARDOUS, LIQUID, SPECIAL, RADIOACTIVE and e-WASTES
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· See Section 5 .1.

This facility will not intentionally accept hazardous materials -including batteries, oil, paint, and special wastes. The facility has implemented a load-checking program, and procedures to handle hazardous material discovered on the tipping floor. The facility will not accept liquid waste or_sludges.

The scale house will be equipped with a Geiger counter for detecting radioactive loads. In the unlikely event that such a load is detected, it will be moved away from all personnel and the LEA and County of Los Angeles Radiation Management Program notified immediately ft~r further guidance and control actions .. e-Waste is.accepted at the facility and stored in a designated bin; then hauled to a certified eWaste pros;essor.

LITTER CONTROL
See Section 5.0. Litter will be controlled at the site in several ways: ' •
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All unloading, processing and loading of material occurs within buildings A litter crew polices the site once per day, or as needed, picking up litter from the site. perimeter, driveways, and along the frontage The City's mechanical street sweeper patrols the site area, cleaning paved surfaces, driveways and the frontage along Frank Street on an as needed ·basis
A mandatory ·tarping policy is enforced requiring all incoming loads to be covered. Measures for enforcement include warnings, refusal of loads, and possible banning from the facility.

MEDICAL WASTES
The facility will knowingly accept no medical waste that has not been properly autoclaved. If "red bag" medical waste is discovered, the California Department of Health Services Medical Waste Program and the LEA will be called immediately, and the material isolated to prevent contact with employees or users of the facility.

NON-SAL VAGEABLEITEMS
Drugs, cosmeti~s, foods, beverages, hazardous wastes, poisons, medical supplies or syringes, needles, pesticides and other materials capable of causing health or safety problems will not be salvaged. All employees will be trained in this regard.

MAINTENANCE PROGRAM
17 4.A.d
Packet Pg. 150 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection A preventative maintenance program for equipment has been implemented at the facility to ensure the-reliability of all equipment and vehicles. The schedule is as follows:
• Loaders and Forklifts: every 250 hours
• Trailers: weekly ~rake examination and adjustment; welding as needed • Compactor: monthly inspection and service
Maintenance of transfer trucks and mobile equipment occurs off site at the SCD Corporate yard, located on 24th Street a block away. . ·
A comprehensive station maintenance program has been implemented at the facility. The program features a Self-Inspection Checklist, which is completed on a regular basis. The Checklist entails the monitoring of the General Work Environment, Worker Right-ToKnow, Hazardous Waste Procedures, Personal Protective Equipment, Facility Equipment, and Facility Structure Evaluation. Elements of the Self-Inspection Checklist are monitored on a daily, weekly, or monthly basis. Items found to be in need of maintenance are brought to the attention of the Facility Manager.

PROTECTION OF USERS
The majority of loads delivered.by the public in their own vehicles wIII now be tipped in the new Self-Haul Facility across Frank Street. This will help keep them separated from the large collection trucks that will be using the transfer station. Some, however, will still be directed to the transfer station as appropriate, but will be closely directed by the spotters to ensure that they are separated from the collection trucks.

Commercial haulers will be directed by the scalehouse operator to a certain area of the transfer station tipping floor depending on the type of material in the load. The commercial haulers will typically be repeat customers and will therefore be familiar with onsite traffic circulation, tipping areas and procedure.

SCAVENGING AND SALVAGING
Scavenging is prohibited. Salvaging of recoverable-material such as cardboard, wood, glass, paper, and metal is an integral part of the operation. This salvaging is confined to specific areas of the site as noted on the Site Plan. Storage areas for salvaged materials are designated on the site plan. ·
SIGNS
Signs are located at the entrance of the facility indicating the name of the operator, the operator's telephone number, schedule of charges, hours of operation and materials accepted and not accepted. ·

TRAINING
Personnel are adequately trained on subjects pertinent to site solid waste operations and maintenance, hazardous materials recognition and,screening, use of mechanized equipment, environmental controls, emergency procedures and other requirements of the 18 4.A.d
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Minimum Standards for Solid Waste handling and Disposal. Training records are available for insp~ction.

RECORD KEEPiNG
The facility will record solid waste tonnage and number of hauling vehicles entering the facility per day. This will include daily averages and daily peaks for each calendar month. This information will be reported quarterly.

A Special Occurrences Log will be kept on a daily basis with.a summary provided in the quarterly tonnage report The log will include records of fires, explosions, injury and property ~age accidents, flooding, and.other unusual events, such as faciHty closure, with a brief description of the response to and resolution of each incident. The log will also include visits by regulatory agencies.
' A record will be maintained of the results of the hazardous waste load checking program, including the quantities and types of hazardous wastes, medical wastes or otherwise · prohibited wastes found in the waste stream and the disposition of these materials. A record of waste loads rejected will be included. This information will be reported quarterly. ·
A record of all complaints regarding this facility will be maintained along with the operator's actions taken to resolve these complaints. These will be reported ~onthly to the LEA. Any written complaints received will reported the following day to the LEA.

Facility records will be maintained in the Corporate office at 1837 24th Street, Santa Monica, and are available for ~spection by contacting the facility operator between the hours of9:00 a.m. and 5:00 p.m., Monday·through Friday.

DOCUMENTATION OF LEA ACTIONS
The operator will maintain a record of LEA approvals, determinations, and other requirements.

COMMUNICATIONS EQUIPMENT
_ The faciHty has a communications network between the scale house, loaders and office to ensure smooth operation. The scalehouse is equipped with an intercom phone system, outside phone line, and paging system .. Supervisors and loader operators are equipped with two-way radios. ·

HOUSEKEEPING
19 4.A.d
Packet Pg. 152 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection See the Maip.tenance Program in Section 12 of this TPR, as well as the portions of Section 5.0 that deal with litter, vector control, odor control, emergency procedures, and dust control. ·

LIGHTING
Adequate lighting is provided within the building and around the site to ensure the ability to properly operate the facility and to prevent adverse effects to public health, safety and the environment.

TRAFFIC CONTROL
Traffic at the facility is comprised of collection trucks, transfer trucks, recyclable material trucks, employee vehicles, and the public. Collection vehicles include, but are not limited to: roll-offs; side-loading; rear-loading; and front-loading trucks. Access to the site is from Delaware A venue.

On-site traffic will be controlled by the following means:
• enforced speed limit of 5 mph
• tipping directions from scale" house operator
• sufficient queuing space
• the controlled metering of trucks into the tipping areas as necessary by the site supervisor, traffic controller, or lead floor man

WATER SUPPLY
The potable water supply for drinking and emergency use is provided by the City of Santa Monica.

INJURY AND ILLNESS PREVENTION PROGRAM
The Illness and Injury Prevention Program will be available for review by local and state inspectors during normal business hours in the SCD Office at 1837 24th Street, Santa Monica, CA 90404.

STATEMENT OF PREPARATION
For construction and operation of the SCDRTS; the City of Santa Monica processed and approved a set of construction documents and found the project to be in substantial compliance with ~unicipal codes and the general plan of the city. The facility is located in the midst of a large industrial zoned area, and is surrounded by similar operations. 20 4.A.d
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This revised Transfer Processing Report was prepared by Clements Environmental Corporation, in consultation with officials of SOUTHERN CALIFORNIA DISPOSAL . COMPANY, Inc.
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APPENDIX A
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·LAND USE/OWNERSHIP , . .

In ltl$ lnsln t:J~. Uses ori, A control Citv·varc
sun-out1dtd by industtiAI except for the Cily-own"'d
recreation r:,enutnobil~ home pa~ to IM ntmhenat.

Tha Clly owns l'lalt or the ms111 block.
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SCD-potentlal for
truck queuing
,111--..+o-if--r,-.,......-- SCD-matn yard
t::J l~SlhWJOn!t!R
(EB S11JDlOllAANSIT
•· 6:9 BOLIO WM'fE.CfTY
__, __ ....__ a souo wAstc.sca
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Uu1,.l11 the matn block (-i7acn,a/100%) fnctode: Bergmo~~t•tlon (11.6 acras/25%):
lndus1riel/offlca ( 7 ecres/16%); Cl\y Malnt.Yards ( 8.8 acres/18%); cuy 9olkf waste yards (5.9 11cres/12.5%); Pa~ ( 3.9 acrea/8%): mobile home pari< (5.Bacres/12%): two dwelltngs (.2• acres/.06%) and SCO_101td waste facffiUes (.74 t!lcres/1.5%). ~bfgaJn tha main block Include: City (23.8 acres/ 50%); Seo (2.66 acres/5%) and Be11Jmont Station (11.8acrn/2!i%),
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APPENDIXB
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SOUTHERN CALIFORNIA DISPOSAL, INC.

RECYCLING AND TRANSFER STATION
I
Luke Kardashian
Transfer Operations
- Truck Drivers
- Skip Loader Operators
Samuel Kardashian
Owner
Luke Karda$hian
Station Manager
Mike Matosian
Assistant Manager
Mike Matosian
. Safety Manager
Steve Momota
Recycling Operations
- Picking Crew
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CAPSULE RESUMES
Samuel V. Kardashian, President
Mr. Kardashian has been in the solid waste and recycling industry for over 40 y~rs. As a small family-owned and operated business, the Southern California Disposal Company (SCD) has provided reliable refuse collection and recycling services to the Los Angeles region since 1913. Mr. Kardashian took over the Company in 1962 and has managed its growth and prosperity in Santa Monica ever since.

Mr. Kardashian planned. financed, and constructed the 1,056 ton per day SCD Company Recycling and Transfer Station (SCDCRTS) in 1992 and since that time has overseen its operation as one of the premier facilities in the western region of the Los,Angelcs basin.

Mike Matosian, Safety Manager
Mr. Matosian bas been with SCD for over 1 O years. He is in charge of not only corporate health and safety but also holds the position of Assistant Manager of the SCDCRTS. As such he is responsible for aU issues related to environmental permitting and compliance. contracts, labor relations, recycling programs, AB 939 monitoring and conformance and regulatory issues.

Luke Kardashian, Station Manager
Mr. Kardashian has been in charge 0.f the day-to-day operations of the SCDCR.TS and in particular the trucking and equipment maintenance aspects since 1987. His ongoing responsibilities include oversight of all shop operations, fleet maintenance, fitcility performance, liaison with coUection operations. and waste transfer operations.

Steve Momota, Recycling Operations
Mr. Momota has been working for SCD since 1994. He is. responsible for all material sorting and recycling functions at the SCDCRTS. He manages th~ picking crew as well as assisting in sales of recycled products and the general operation of the facility. -4-

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APPENDIXC
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APPENDIX D
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Southern California Disposal AOMP
Southern California Disposal Company Recycling
and Tran sf er Station
ALTERNATIVE ODO~

MANAGEMENT PLAN
June2007
This Alternative Odor Management Plan (AOMP) has been prepared in accordance with South Coast Air Quality Management District (SCAQMD) Rule 410. The AOMP wil1 be incorporated into the TPR as an appendix.

The AOMP will be posted in the Southern California Disposal (SCD) offices for all persoMel. Copies of the AOMP, along with, approval from the LEA and all other documents pertaining to the AOMP can be provided to inspectors by request.

CONTENT ELEMENTS

1. Housekce_pin~ Activities
a. Tipping Floor The tipping floor and transfer station arc located in one building at the Southern California Disposal Company Recycling and Transfer Station (SCD) Facility. All trash is removed from the building daily. In addition the building is swept daily by hand with brooms. Det~gents are not used.
b, Transfer Tunnel
The transfer tunnel is cleaned dai1y by·hand.with brooms and all trash is removed at the end of.the day. Detergents are not used.
c. Other Areas
Station persoMel will patrot the sit~ area each day, including lhe access and. c~ points to collect litter. Dry methods will be used to clean a11 tipping areas, pavement, driveways, and sections of Frank Street. City street sweepers clean the area outside the facility on a daily basis. No detergents are used.

2.Community Re§ponsc Procedurq
a. Contact Sign _ .

A sign \\ith all relevant contact information will be installed at the facility's front gate. This includes: the facility, the SCAQMD, a11d the Local Enforcement Agency (LEA). .

Clements Environmental June 2007
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Packet Pg. 170 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Southern California Disposal AOMP
b. Community Coordinator
At SCD the community coordinator is Mike Matosian.
c. Complaint Response Protocol
If an odor complaint is received, staff will go to the location of the complaint to verify the presence and intensity of the odors within two ltours of the complaint.

If the odor can be detected at the complainant's home or business, staff will trace the odor by conducting a survey of odor checks around the_ general vicinity. The survey will be conducted at four separate locations in a complete radius around the site. If th~ odor is detennined to be generated offsite, staff will contact the complainant notifying them of the ·source of the odors. If however, staff determines that the odor is generated by the · facility, staff will immediately identify the source of the odor and mitigate.

All odor complaints wilJ be entered in an Odor Complaint Log, and the LEA will be notified within 24 hours. All complaints will be logged as to the time, date, location. ambient air temperature, cloud cover, wind direction ,and speed, and nature of complaint. An example of the Odor Complaint Log is provided below.

If the facility receives more than three different complaints within a one month pei.iod or two complaints from the same individual within a ·one month period, staff will meet with the complainant, if possible, · within a reasonable time to discuss the source of the odor and discuss operational changes that would miniJnize odors in the future. All meetings with the LEA/ complainants wiU be recorded in the Odor Complaint Log. for future reference. The LEA will be notified of the meeting and invited to attend.

The presence of odor is also monitored at the site boundary prior to commencing and closing daily operations. Staff will detennine _whether the odor is emanating from an on-site or off-site source. SCD has no authority over · off-site odor sources. However, if the source is near by and identifiable, SCD will attempt to ameliorate the situation so as not to get "blamed" for the odor. All presence of odor will be recorded in the Odor Complaint Log.

The level of offensiveness from on-site odors at the property bow1dary is based on a scale of I to 5 as follows:

1. No noticeable odor.

2. Slight odor

3. Moderate odor (noticeable)

4. Strong odor (objectionable)

5. Stench (noxious)
Clements Environmental 2 June2007
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Southern California Disposal AOMP
Should an odor problem occur at a level 3 or above, the following steps will be taken:
• Identify the source of the odor
• Dctennine possible causc(s) and select remedial action 0 These remedies include:
• Trucking of the o<liferous material to the landfill as soon as possible, typically in the next transfer truck load hauled out.
• lnjccti(.m of odor destroying compounds into the misting system • Absorption of any standing water
• Clean up of any food or other organic residues on the tippjng floor • In the· event the odors cannot be controlled by any of the remedies, the odorous material wm be trucked to the 1.andfill.

Should odors increase or a complaint be verified, the pJan will be re-evaluated and more provisions will be considered to monitor or minimize odors. d. Complaint Log
The facility keeps a written log of all complaints for no less than two years in an Odor Complaint Log. The Jog is available for review at the site office located at 1827 2411: Street. Santa Monica, CA, 90404.
. e. Odor Survey Procedures
In order to assess potential odor impacts at the locations of possibl~ odor receptors, a facility employee will drive past these locations at the beginning and close of the working day. The )eve) of offensiveness will be measured and action will be taken, if needed. as discussed above. The odor receptor locations will be identified and recorded in the Odor Complaint Log. Possible odor receptors include residents of the mobile home park, to the east of the transfer station.

CONTROL STRATEGIES
Odor Sources
There are two sources of odor at the SCD facility.
• Tipping Floor
• Transfer Tunnel
Tigpjng Floor
The tipping floor is lcicated in the transfer building,. which is a pennanent structure with a roof and two walls. The walls act as a wind barrier, minimizing odor travel. To further minimize dust and odor, an overhead spray misting system fuis been installed over the tipping floor and transfer truck loading area. The tipping floor is cleaned daily by hand with brooms. To mask odor SCD uses mixed fragrances and a new product called Effective Microorganisms Activated EM-I. The fragrances and Effective Microorganisms Activated EM-I are used in a misting sr-item in the transfer station.

Clements Environmental 3 June2007
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Packet Pg. 172 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Southern California Disposal AOMP
The system consists of one high-pressure pump unit, double-filtered with one phosphate and one five-micron cartridge, 1,000 psi operating pressure, 7.5 hp, 2:i0-volt thermally protected motor rubber-mounted on an aluminum sub-frame, with fiberglass enclosu1;e, auto drain valve, low water pressure safety switch. Attached in the appropriate areas approximately 30 feet high is 350 feet of 3/8 stainless steel tubing which covers the transfer station tipping floor with nozzles 24" on center. The system also includes one Dosatron chemical injector to inject appropriate odor control chemicals, and a time clock (timer) to run the system automatically with an over-ride switch to operate the system manually, if necessary.

Transfer Tunnel ·
The transfer tunnel is incorporated into the tipping floor and utilizes the same odor control strategies.

Green Material
In order to minimize odors from the green waste, material is stored in a separate pile inside the transfer station building. Greenwaste is transferred within 48 hours of being received, or more quickly if odor problems are detected. The misting s~tem can be activated if odiferous greenwaste is received.

Recyclable Materials
The facility does nol include a material recovery facility and does not handle sourceseparated recyclables.

Protocol for Handling Odiferous Loads
~o~ds are typically handled on a "first - in, first - out basis, but if odiferous loads are received, they are transferred and shipped out as quickly as possible, typically in the next transfer truck load out.

Covering Trucks and Trailers
All transfer traiJers ere tarped pnor to exiting the facility. Each trailer is fitted with a specially fitted tarp hydraulically-actuated enclos\lre screen assembly that seals the trailer from wind and precipitation. The assembly is kept closed on SCD transfer.trailers at all times, except when loading. In addition, if they are loaded after the landfill closes, they are covered and stored in the transfer station building overnight to minimize odor.

Supplementary Content Eiements
Buffer Zone
Within a 1,000-foot radius of the site the area north of the Santa Monica Freeway has recently been re-zoned from Heavy Manufacturing (M-1) to various other zones. The SCD facility and other areas have been re-zoned to Light Manufacturing and Studio District (LMSD). The local park has been re-zoned to Designated Park (DP); and the nearby mobile home park has been re-zoned to Residential Mobile Home Park (RMH).

The area south of the freeway remains zoned Low Density Multiple Residential (R2).

Clements Environmental 4 June 2007
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Packet Pg. 173 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection ]
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Southern California Disposal AOMP

ENFORCEABILITY
''I am voluntarily submitting this Alternative Odor Management Plan to the Local Enforcement Agency in lieu of submitting an Odor Management Plan to the South Coast Quality Management District as required by the South Coast Air Quality Management District Rule 410. I agree to abide by the provision of the Alternative Odor Management Plan and understand that the Alternative ·Odor Management Plan is subject to enforcement by the Local Enforcement Agency. I understand that I must comply with any or all applicable state statutes and federal and local rules and regulation, including those provisions relating to public nuisance;"
Name (print) Signature Date
Clements Environmental 5 June 2007
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Packet Pg. 174 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Southern California Disposal AOMP
Odor CompJaint Log
Date ofEvent: ____________ Time of Event: _____ _
Date of Complaint: Time of Complaint: ___ _
Outdoor Temperature at Time of Complaint:, ____________ _ Weather Conditions:, ____________________ _
Wind Speed: ____________ Wind Direction: ____ _
Description of Odor:

Name of Complainant: ___________________ _
Phone Number: _____________________ _
Description of Odor Source: ------------------,--
Odor Survey Results: ____________________ _
Clements Environmental 6 June 2007
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Packet Pg. 175 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection 1 }
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Self-Haul Facility
Operations Statement
SCD will operate the new Self-Haul Facility that will include the receipt, staging, and load out of C&D debris, greenwaste, and mixed material from the public. This facility wi11 occupy City land east of Frank Street and the existing SCD transfer station as shown on the Site Plan.

Weighing In
Self-haul vehicles will line up in the new queuing lane along the south right-of-way of Delaware A venue adjacent to the expanded SCD transfer station. From there, they will weigh in on the new inbound scale in what was formerly Frank Street. For repeat customers who have their tare weights recorded in the scale computer, they will pay their fee upon weighing in. These vehicles will not be required to weigh out. Others, for whom ~e weights are not recorded, will be required to·weigh out after tipping.

Tipping
After weighing, self-haul vehicles will be directed by the scalehouse operator, signs, and traffic controllers to the appropriate tipping area in the new Self-Haul Facility. Self haulers will then unload and drive to the new outbound scale in Frank Street and either exit the facility directly (for those whose tare weights are recorded and who paid on the way in) or weigh out and pay their fee at the scalehouse . . It is anticipated that a vacuum tube system wiil be used so selfhaulers do not need to leave their vehicles to pay.

Processing
Initially, no processing of material is proposed in the Self-Haul _Facility. SCD will simply maintain separate areas for the material and transfer it to processing facilities in the area.

In the future, ·and with the agreement of the City, processing of both the greenwaste and mixed C&D material could be conducted by SCD in the Self-Hau1 Facility. This could inc1ude:
• Sorting of greenwaste (to remove contamination) followed by chipping & grinding and screening. The heavier wood chips could then be.hauled directly to biomass power plants or used by the City as ground cover. The finer material could be delivered to composting operations.
• Sorting of mixed C&D debris by hand and with an excavator into commodities such as wood, inerts (concrete, asphalt), dirt, rock, dryw~l, bulk metal, and others. The wood could be ground on site and the rest of this material shipped to recycling markets.

Transfer
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Packet Pg. 176 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection SCD will maintain flexibility in transfer operations with the ability to top-load transfer trucks directly in the Self-Haul Facility, or to load roll-offs or bins at the Self-Haul Facility, shuttle them to the SCD transfer station, and reload the material into transfer trucks there.

Loa.ding at the Self-Haul Facility will be accomplished by a front end loader with extended forks by simply loading over the side of the transfer trailer. Loading may be facilitated by constructing a drive down ramp to lower the transfer trucks for loading, and by construction of a push wall for the loaders.

Transfer operations may be modified pending completion of the °fmal design of the facility by the City and its consultant with input from SCD.

Once transferred, the C&D debris will be hauled to Downtown Diversion or another Citydesignated C&D facility for processing and recycling. Likewise, the greenwaste will be delivered to Community Recycling or another City-designated facility for chipping & grinding and marketing as mulch, boiler fuel, or compost feedstock.

Environmental Controls
Greenwaste will be transferred on a first-in first-out basis and always within 48 hours per State law. In fact, this material will be transferred out daily in nearly all circumstances as is currently done at the SCD transfer station. Any odiferous loads will be transferred as soon as possible, if not immediately.

Dust will be suppressed by the use of an overhead misting system hung from the rafters. In . addition, water sprays from hoses could be used to moisten particularly dusty loads. Water will be used to wet the loads a.s" they are being dumped and also as the material is being loaded into the transfer trucks. This water will simply be absorbed into the material and will not result in free-standing water that could become a nuisance.

Toe· entire site will be paved, and cleaned as needed by a mechanical street sweeper to remove any remaining debris. This too will reduce the potential for odor and dust.

Employees
The following employees will man the Self-Haul Facility:
• Traffic Controller: 2-3
• Loader opera,tor: 1
• Transfer truck drivers: 1-2
Transfer truck drivers will be a combination of SCD employees and ind~pendent contractors.

Equipment
The following equipment will be used at the Self-Haul Facility:
• Wheeled Loader: 1
• Transfer Trailers: 1-2
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Packet Pg. 177 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection J
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• Transfer Tractors: 1-2
All transferJrailers will be provided by SCD, and the tractors that pull them.will be provided by a combination of SCD and independent contractors. ·
Hours of Operation ·
The Self-Haul Facility will be open for business as follows:
• 5:00 a.m . .to 4:00 p.m. Monday through Friday
• · 7:00 a.m. to 2:00 p.m. Saturday . . .

The facility will be closed on Sundays and on the following holidays: New Years Day, Memorial Day, the 4th of July, Labor Day, Thanksgiving Day, and Christmas Day. - 16 -

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Packet Pg. 178 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Exhibit 3
D~scription of Acceptable Materials and Estimated Quantities

ESTIMATED ALLOCATION OF MATERIALS FOR TRANSFER PARTNERSHIP Material Quantity Recycled Process Additional Total Mat'erial to Material to Solid Waste/Recyclables (TPY) (TPY) Materials Projected Material to Material to - Alfan Allan Residue Sources and Materials FY06/07 FY06/07* (TPY) Quantity SCD (TPY) SCD (TPD) (TPY) (TPD) Rate. % ,.,.""' ,Single famil y Waste 11,424 u 11,4l 4 11,424 37 Mul t1.:Ta mi ly Waste 27,960 1,600 29,560 29·,560 95
Singl e Strca111 Recycling ll,680 11,1::,~ J,8!:1 / lb,:J/1 1,989 6 16,577 53 0 Green Was·tc 6,301 6 ,JUl :,:,b b,l:l:, / . 6,857 22
1-ooo Waste 71~ 71!> l ,0UU 2, 11:, 2,715 9
Select Commercial Waste 2,070 l!>, 000 17,070 8,535 27 17,070 55 1 Commercial Waste 10,710 1:,,000 l :J, / 10 25,710 82
Self Haut lCilY) 9,610 9,6 10 3,000 12,6 10 12,610 40
IC&D 12,036 12,UJb 1,:,:,a 13, 594 13,594 44
[SelfBaul (SCDl C u u 0
Buy Back Recyclables 2 0 L 0 4 0,01
IDrop on.Recyclables. ~ u L ll 2 0.01
Outside City Waste 0 u 0 ll
Bulk Waste/White Goods/Metal 2,389 2,150 50 2,439 2,439 8 Special Was~c - electronics V 21 10 j/ 37 0.12
Street Sweeping 3,8 17 3,8 11 14 J,l:l!:11 3,891 12
I ires ,; 2 6 6 0.02
1 .,uuw,.;r ',}.,;, /4 i 4-',lll4 42,74 / 142,494 119,33C 382 33,681: TIS Diversion Percentage 46%
*Docs not lr.idud ~ waste to energy er other diversion credits for reporting purposes.

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Packet Pg. 179 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 L_ f
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-- ...__ .____ .._
EXHIBIT "4''

PRELIMINARY SITE PLAN

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Packet Pg. 181 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection l
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2. 3.

4. 5.
6 ..

7. 8.

9. EXHIBIT "5"

PROJECT TIMELINE
SCD

TRANSFER STATION EXPANSION
Project Design October 2008 - December 2008
Dedication of Public Right of Ways October:2008 -January 2009 Zone Variance or Change October 2008 - January 2009
Project Permitting (Bldg. & Safety) December 2008 - March 2009 Project Permitting (Solid Waste Management November 2008-August 2009 Division Facility Permit)
City, LEA, CIWMB, others review December· 2009 - August 2009 Project Construction September 2009-January 2010
Acceptance Testing February 2010
Long-term Operations Start February 4010

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Packet Pg. 182 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection EXIIlBIT "6"

ACCEPTANCE OF TRANSFER STATION
The Contractor shall commence start-up operations under this agreement at the Transfer Station upon occurrence of the Acceptance of Facility. Acceptance of Facility shall occur only when all of the following conditions have been satisfied:

1. A Certificate of Occupancy has been issued for the Facility, if required by Applicable Law;

2. Contractor has obtained all required permits and approvals;

3. The Contractor has delivered to City written certification that all major items.of machinery and equipment have been properly installed and tested in accordance with the manufacturers'' recommendations and requirements;

4. Contractor has received all warranties required to be obtained for its equipment; and

5. · If required by Applicable Law, any Governmental Body having jurisdiction has confirmed the appropriate installation of equipment.

6. The Contractor will prepare an Acceptance Test Manual and submit it to the City for review at least one htindred twenty (120) days prior to the commencement of the Acceptance Test. The City will provide written comments on the Acceptance Test Manual to the Contractor within thirty (30) days of the receipt of the Manual:

The Contractor will address these comments and within thirty (30) d_!ys thereafter, the Contractor must deliver the final Acceptance Test Manual. The Contractor and City will agree upon the mutually acceptable form of the Acceptance Test Manual prior to thirty (30) days prior to the commencement of the Acceptance Test. . ·

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Packet Pg. 183 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection l
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EXHIBIT 6 ( continued)-
ACCEPTANCE OF SELF-HAUL FACILiTY
The Contractor shall commence start-up operations under this agreement at the Self Haul Facility upon occurrence of the Acceptance of Facility . .Acceptance of Facility shall occur only when all of the following conditions have been satisfied:

7. A Certificate of Occupancy has been issued for the Facility, if required by Applicable Law; ·
8; City has obtained all required permits and approvals;

9. The City has delivered to Contractor written certHication that all major items of machinery and equipment have been properly installed and tested in accordance with the manufacturers" recommendations and requirements; fO. City has received all warranties required to be obtained for its equipment; and

11. If required by Applicable Law, any Governmental Body Having jurisdiction has confirmed the appropriate installation of equipment.

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Packet Pg. 184 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection EXHIBIT "7"

INSURANCE REQUIREMENTS

1. GENERAL CONSIDERATIONS
It is a requirement of the City of Santa Monica, California ("the City'!) that Contractors must agree to the indemnity obligations set forth in the General Contract. The City reserves the right to participate in the defense of any claim or action that is brought against the City.

To insure compliance with this policy, the City requires each Contractor to carry adequate insurance coverage with a company or companies acceptable to said City. The City fully understands that no insurance policy of any company Licensed to do business in the State of California is all encompassing in coverage or limit of liability.

2. INSURANCE REQUIREMENTS
During the performance and up to·the date of final payment, the Contractor must effect and maintain insurance hereafter checked as required. The first (primary) one million dollars ($1,000,000) of Bodily Injury and Property Damage limits must be with a company or companies Licensed ~o do business in California. The excess over one million dollars ($1,000,000) may be with either a Licensed or non-admitted company provided the non-admitted company is: (1) listed as approved to do business in California by the California Department of Insurance, (2) has a Best financial rating of A minus or better, with a policyholder surplus of · Roman Numeral X or better, and (3) otherwise acceptable to the Department of Law of the City.

All Comprehensive General Liability policies and Comprehensive Automobile Liability policies shall be endorsed to include the City as an Additional Insured, and this shall be noted on the Certificates of Insurance.

All policies must be of the standard form of coverage as filed with and approved by the Cmnmissioner of Insurance for the State of California or otherwise authorized. The Contractor shall not commence work under the Contract until it.has obtained all insurance coverages required hereafter, and such in~urance has been approved by the Department of Law of the City.

3. GENERAL LIABILITY
. a. Comprehensive (Commercial) General Liability:

The Contractor shall have and maintain during the life of the Contract such Bodily Injury Liability Insurance and Property Damage Liability Insurance as shall protect Contractor from claims for Bodily Injury and Property Dainage arising from the Contractor's operations under the Contract, whether such operations are conducted by Contractor or by any subcontractor of said Contractor. The Bodily Injury Liability Insurance shall pay on behalf of the Insured all sums up to the limits provided by the policy which the Insured shall become legally obligated to pay as damages because of bodily injury, sickness or disease, including death a~ anytime resulting therefrom, sustained by a Person other than an employee of the Contractor and caused by an

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Packet Pg. 185 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection j
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occurrence. The Property Damage Liability Insurance shall pay on behalf of the Insured all sums up to the limits provided by the policy which the Insured shall become legally obligated to .pay as damages because of injury to, or destruction of, property, including the loss of use thereof, caused by any occurrence. ·
This policy shall cover liability for damage to property caused by blasting or explosion or collapse, or structural injury to any building or structure, or damage to any property be!ow the surface of the ground (Explosion, Collapse and Underground Damage), as applicable. b. Premises and Operations Liability:

The Contractor shall have and maintain during the life of the Contract such Premises and Operations Liability Insurance as shall protect Contractor and the CITY from liability res~lting.from_the operations under the Contract by the Contractor. c. Products and Completed Operations Liability:

The Contractor shall provide such Products and Completed Operations Insurance as shall protect Contractor from liability arising out of the Contract and including those products involved in the work for which Contractor is responsible. d. Broad Form contractual Liability:

The Contl'.actor shall have and m~ntain during the life of the Contract such contractual Liability Insurance as shall protect Contractor from liability resulting from .the execution of the Contract by the Contractor. If coverage is not provided on the blanket form ba$is, a copy of the policy or endorsement providing coverage for Contractual liability assumed . by the Contractor under its Contract with tlie CITY must be attached to the Certificate of Insurance.

4. · AUTOMOBILE LIABILITY
e.
owned):

Comprehensive (Business) Automobile Liability (all owned, hired and nonThe. Contractor shall have and main_tain during the life of the Contract such Comprehensive (Bµsiness) Automobile Liability (all owned, hired, and non-owned) Insurance as shall protect the Contractor for.claims arising out of the ownership, operation, maintenance and use of land motor vehicles and trailers intended for use therewith.

S. WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY
f. The Contractor shal_l have and maintain during the life of the Contract Work~r's Compensation · Insurance conforming to the requirements of the laws of California. In . case of any employee or employees are not covered by such laws of California, the Contractor shall provide Employers' Liability coverage for the protection of such employee or employees.

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Packet Pg. 186 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection

6. PROPERTY DAMAGE INSURANCE
g. Builder's Risk Insurance
The Contractor shall have.and maintain during the life of the Contract such Property Insurance upon Contractor's entire work at the site to the completed value thereof. This insurance shall protect the CITY, as its interest may appear in the work, and shall insure against the perils of fire -and extended coverage, and shall include "all risk" insurance for the physical loss or damage including without duplication of coverage, theft, vandalism and malicious mischief. All Risk insurance may contain the normal exclusions, such as, but not limited to, flood, earthquake, mysterious disappearance, inherent vice, and war. If the CITY requires coverage for flood or earthquake, specific requirements concerning same are set out hereafter in these specifications. If the Property Insurance contains a co-insurance provision, the Contractor · shall be responsible for the amount of insurance satisfying the co-insurance amount so as to make the co-insurance clause-inoperable.

If not covered otherwise, the Contractor shall have and maintain during the life of the Contract similar Property Insurance on portions of the work stored off the site or in transit. when such portions of the work ~e to be included in any payment. '

7. . ADDITIONAL INSl,JRANCE REQUIRE~NTS:

The Certificate of Certificates of Insurance shall contain the following provisions, to wit:

The coverage provided shall not ~e canceled, reduced in coverage, or allowed to lapse unless and until the City of Santa Monica receives at least thirty (30) days advance written notice of same. Said written notice must be delivered to the Director, Insurance and Safety Division, at his office shown as the address of the Certificate Holder below. ( ) If this box is checked, each of the said policies set out above may contain a deductible feature not in excess of$ ______ per occurrence. If a deductible feature is provided in a policy or policies, the Contractor shall be liable for said amount of any claim or loss.

The word "CONTRACT" above shall mean the AGREEMENT between the CITY and CONTRACTOR for this PROJECT. The word "Contractor" shall mean the successful PROPOSER who is the CONTRACTOR for this PROJECT. The iimit "Each Person" is the monetary limit applied to each Person injured in a given occurrence. The _limit "Each Occurrence" is the limit of the total liability for claims, subject to the limit for "Each Person," from one common cause. The word "Aggregate" is the limjt of the total liability for all damage of the specified coverage for each annual term of the insurance policy.

The CONTRACTOR is required to have a CERTIFICATE of INSURANCE properly executed by an insurance company or insurance companies authorized to do business in the State of California

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Packet Pg. 187 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection I
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8. MINIMUM LIMITS OF COVERAGE - Coverage shall be at least to the following minimum limits. If the Contractor has or obtains primary and umbrella excess policies, there shall pe no gap between them.
(a)
(b)
(c)
(d)

GENERAL LIABILITY
Comprehensive General Liability
Bodily Injury
Property Damage
(or)
Combined Single Limit
$ 1,000,000
$1,000,000
$1,000,000
$ 1;000,000
Each Occurrence.

Aggregate Per Project
Each Occurrence
Aggregate Per Project
$ 1,000,000 Per Occurrence Per Project
Premises and Operations .Liability
Products and Completed Operations Liability
contractual Liability
same limits as in (a) above.
same limits as in (a) above.
same limits as in (a) above:

AUTOMOBILE LIABILITY
(e) Comprehensive Automobile Liability (all owned, hired and non-owned) (f)
(g)
(h)
Bodily Injury $1,000,000 Each Person
$1,000,000 Each Occurrence
Property Damage $1,000,000 Each Occurrence
.$ 1,000,000 Aggregate
(or)
Combined Sing!~ Limit $1,000,000 Per Occurrence
·WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY
Worker's Compensation
Employer's Liability

PROPERTY DAMAGE
Builder's Risk Insurance
Other Insurance
Statutory Amount
$1,000,000
$ (Value of Structure)
$ (As Required)
Each Occurrence
Property insurance against all risks of loss covering buildings, facilities, equipment, and personal property owned by on said premises. Coverage shall be on an "All Risk" or "Special Causes of Loss" basis in an amount equal to 100% full replacement cost with on co-insurance penalty.

Policy. shall be endorsed to provide Bm:;iness Interruption coverage for a period of twelve · months.

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Packet Pg. 188 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection EXHIBIT "8"

FORM OF PERFORMANCE BOND
........ J u,,01
Sa• ta ltle• lea•

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

WHEREAS, the City of Santa Monica, by motion adopted November 25, 2008, has awarded to Southern California Disposal Company, a California corporation (the "Principal"), with its principal office in the City of Santa Monica,. State of California, a Service Agreement ("Contract"), including without , limitation all incorporated documents, exhibits and other documents defined for the Contract as the "Contract Documents" for the Project, the Contract being hereby incorporated into this bond and by this reference made a part hereof;
WHEREAS, said Principal is required by the Contract to furnish a bond for the faithful performance o.f the Contract; · ·
NOW THEREFORE, we Southern California Disposal Company, a California corporation, as Principal, and Name of Surety, as Surety ("Surety")" are held and firmly · bound unto the City of Santa Monica (hereinafter called "City), in the sum of One Million Dollars ($1,000.000.00) for the payment whereof we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, and Principal's heirs, executors, administrators, successors, or assigns shai'I in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants,-conditions ·and agreements in the Contract (including without limitation any change,. modification or alteration thereof or in the work to be performed thereunder), which obligations include without limitation any warranty or .indemnity obligations under the Contract, then this obligation shall become null and void; otherwise, it shall be arid remain in full force and effect.

SURETY; for value received hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract or of the work to be performed thereunder shall in any way affect its obligations on this bond and it does hereby waive notice of such change, extension of time, alteration or modification of the Contract or of work to be performed thereunder.

IN_ WITNESS WHEREOF four (4) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by

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Packet Pg. 189 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection l
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the Principal and· Surety named herein, on the '#If. day of Month , 200#, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned repres_entative pursuant to authority of its governing body; Principal
By
Surety
By

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Packet Pg. 190 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection EXHIBIT9
Distances to Disposal and Recycling Facilities
(SCD-- Location: 1908 Frank Street, Santa Monica, CA 90404) Disposal Facilities Address
Downtown Diversion Los Angeles
North Hills Recycling Los Angeles
Commerce Refuse-To-Energy 5926 Sheila Street
Facility Commerce; CA 90040
e-Recycling of California 7230 Petterson Lane
Paramount, CA 90723
SEERF Long Beach ·
Scholl Canyon Sanitary Landfill 3001 Scholl Canyon Road . Glendale, CA 91206 ,
Sunshine Canyon Landfill 14747 San Fernando Road
Sylmar, CA 91342
Sun Valley Pap~r Stock Los Angeles
Community Recycling Los Angeles.

Bradley Landfill & Recycling 9227 Tujunga A venue
Sun Valley, CA 91352
Calabasas Sanitary Landfill 5300 Lost Hill Road
Calabasas Hills, CA 9_1301
Puente Hills Landfill 2800 Workmen Mill Road
Whittier, CA 90601
Azusa Land Reclamation Azusa
Chiquita Canyon Landfill 29201 Henry Mayo Drive
Castaic, CA 91384
Simi Valley Landfill & Recycling · 280 l N. Madera Road Center Simi Valley, CA 93065
Olinda Alpha Landfill CA-14';,N alencia A venue
Brea, CA
Frank R. Bowerman Sanitary 11002 Bee Canyon Access Road Landfill Irvine, CA
TVI Irvine
Antelope Valley Public Landfill I Tierra Subida A venue Palmdale, CA 93550
Miles Group
15 A
20 A
21 - A
23 A
24 A
24 A
25 A
27 A
27 A
27 A
28 A
29 A
36 B
38 B
40 C
47 C
55 C
55 C
60 D

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Packet Pg. 191 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection 1 J .
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Prima Deshecha Sanitary Landfill
El Sobrante Landfill
Lancaster Landfill & Recycling
Center
Cow Pasture Road/La Pata A venue 69 D
San Juan Capistrano, CA
10910 Dawson Canyon Road- 71 D
Corona, CA 92883
600 E. A venue F 75 D
Lancaster, CA 93535

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Packet Pg. 192 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection 8 0 -125000
125001 - 750000
750001 - 1600000
ZERG>
WASTE PLAN ....................... ~
• l.a1caster Landlil and Recyding Certar
Antelope Vall8"f Public: LandfiA I , • • •
Disposal Facilities Receiving MSW from City of L.A.

SWIRP

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Packet Pg. 193 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection ._ ___,J
EXHIBIT 10

EQUIPMENT PURCHASE LIST
Make& Model Unit# Original In-Service -City Annual Accum Cost- Fuel MTC Total Proposed Cost Date Established Depreciation Depreciation Depreciation Type 2004 Vehicle Purchase Depreciated Costs 2004 Price
Life Cycle Ae
Qedge 9al1eta J 8in ½fk -1-QQ s :30,la9 ~ -HI s :3,01:3 tJl. S 2fi,HS s 30.~~ s 2;000 40 Dedge Qeketa t 8in +Fk ~ s :30,:320 :3Jl~OO;! ~ s 2,S:11 tJl. s fi,fi§Q s 9,8~ s 2,500 6 Qedge Qekela ,1 8in +FIE -l-§;t:18 s :30,;!:IQ ;im,gog;i ~ s :l,S21 tJl. s 9,lififi s U,948 s :l,li00 6 ¥ale GPQfiO+llNY,6,1.t0S;t ~ s :14,:lli9 ,m11991 ~ s :1,0:l:I NG s l,~S~ s :i,m s 2,000 44 While +FUelE +F&6leF -l49,;t9 s 98,108 -HI s 9,8;11 m, . S 2l,19S s ;!Q,830 s 4,QQQ JJJhile/GMG ½Fll6k ½FB6l8F ~ s IQ:l,fi9fi s,gfi,11994 . -HI s lQ,210 m, S ;!S,499 s 44,fiBI s 4,000 44 Jehe I>eeFe fi4 4H LeadeF ~ -$ 7/3/2003 -1-S -$ -$ -$ . m. -$ -$ -$ ~ ~ -~ ~- -l,80l) +l,gQ 50,000
GaFdReF IleR'M!F fi_ TFaSh Pump -1a41i n/a ####### DISPQSBI> m. -$ -$ -$ ' - - - a-9 Bowles Stn Compactor 14038 n/a S/1/1980 14 DL S 43,395 s 43,669 s 100 28 Bowles 4S' Comptrlr 14507 n/a 3/30/1987 10 n/a $ 14,494 $ 14,494 $ 100 21 John Deere S44G Loader 1S111 n/a 3/14/199S IS n/a S 4S,997 $ 48,87S $ 100 13 CCIBTPT-45 1S140 $ 121,449 6/16/1995 10 $ 12,14S $ 121,449 $ xx $ 14,972 $ 14,972 $ 100 13 Century Btpt-45 15247 $ 75,490 3/13/1997 . 10 $ 7,549 $ 75,490 s xx $ 20,694 s 20,694 s 100 11 Volvo Truck Tractor 1S274 s 149,500 1/1/1997 IS s 9,967 $ 114,617 $ 34,883 DL $ 31,214 $ 39,93S $ 25,000 11 Century BTP.T-4S 15441 s 78,300 3/29/1999 10 s· 7;830 $ 74,385 $ 3,915 xx $ 2S,791 $ 25,791 $ 1,500 9 lHCTractor 15453 $ 139,148 1/1/1999 15 s 9,277 s 57,793 s 81,355 Bl $ 18,728 $ 30,262 $ 12,500 9 IHC Truck Tractor 15600 s 138,826 1/18/2001 IS s 9,25S $ 57,471 $ 81,355 Bl S 15,845 $ 25,809 $· 12,500 7 ll-iC Truck Tractor· 15729 $ 138,607 3/15/2002 15 s 9,240 $ 69,304 $ 69,303 Bl $ 23,245 $ 32,880 $ 12,500 6 Compaction Control CCI CTPT -45 1.5736 $ 81,179 3/27/2002 10 s 8,118 $ 60,884 s 20,295 xx S 10,591 s 10,591 $ 12,500 6 Compaction Control CCI CTPT-45 15737 $ 81,179 3/26/2002 10 $ 8,118 $ 60,884 s 20,295 xx S 26,j39 $ 26,339 $ 12,500 6 Original Total $1,521,045 $ 478,208 $156,500
Reme~red l!y Gily $ S17,367 $ 143,897 $ 67,000
Remaining Total S li!!Dl16:Z8 S JJ!IJII s sisoo

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Packet Pg. 194 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 EXHIBIT 11

PERFORMANCE STANDARDS

1. Transfer out of the Transfer Station all Acceptable Materials received during the operating day on the same day they are received. No solid waste shall remain on the tipping floor at the end of the operating day.

2. Maintain. the capability of receiving, loading and transferring the Acceptable Materials designated for the Transfer Station in Exhibit 3 at 150 percent of the daily rate indicated in Exhibit 3, Column 7.

3. Manage of receiving, storage and loading of the individual Acceptable Materials, shown in Exhibit 3, to·.prevent contamination by other materials and thereby.reduce recyclability.

4. Provide the necessary separate storage and load out areas for Acc~ptable Materials so the Item 3 above is achieved, MSW and food waste are examples.

5. Provide and utilize scales to insure that the weights of each Acceptable Material listed in Exhibit 3 are documented both on arrival and departure at the Transfer Station. Said documentation shall include the origin and destination of each Acceptable Material.

6. Provide semi-enclosed operations, where all unloading, storage and loading operations are under roof.

7. Load transport vehicles so that the gross vehicle weight is not exceeded for the v-ehicle or for the route the vehicle travels to the City Approved Processing Facility.

8. Provide secure covers for all vehicles transporting Acceptable Materials so that there is not li~er resulting from the transport operation.

9. Operate and maintain all vehicles transporting Acceptable Materials so that there is no liquid spillage from the cargo portions of the vehicles. .

10. Operate to insure a maximum wait time of 10 minutes for City collection vehicles once on site and through the scale house to tipping floor of the Transfer Station. Coordinate with all users of the Transfer Station to qieet said wait time requirements to the City.

11. Operate to prevent litter, dust, and odor from leaving the Transfer Station property.

12. Operate not to exceed 85 dba level for noise at the Transfer Station property line.

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Packet Pg. 195 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection I
l.
j
(Attachment A)
(11'/ I'll
••••• Hoale• "'
City of Santa ~f ~:6;\Tt,-~n~Yr!fc1 Oaks Initiative Disclosure Form · ·· -· · . "OB OfC -8 PS :1 'i
All persons or entities receiving public benefits defineaoelow from the City of Santa Monica shall provide the names of trustees, directors, partners and officers and names of those with more than a I 0% equity, participation or revenue interest. This information is required by City Charter Article XII-Taxpayer Prote.ction.

Name of Entity: Southern California Disposal Inc.

NAME OF PERSONS OR ENTITIES RECEIVING PUBLIC BENEFIT:

Southern California Disposal, Sam Kardashian, Luke Kardashian, Mike Matosian, Tamara Matosian, Seta Kardashian
NAME(S) OF TRUSTEES, DIRECTORS, PARTNERS, AND OFFICERS:

Sam Kardashian, Luke Kardashian, Mike Matosian, Tamara Matosian, Seta Kardashian NAMES OF THOSE WITH MORE THAN A 10% EQUITY, PARTICIPATION .OR REVENUE INTEREST:

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 ofreal 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" ofa net value to the recipient of$10,000 in _W:y 12~ d.

Prepared by: Mike Matosian Signature: / ~ ... .....__;;====--------~-----..

Date: December 4, 2008 Title: Vice President
I FOR CITY USE ONL y,
Bid/PO/Contract# Permit# ____ _
(1/06)

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Packet Pg. 196 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection

TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
(Fiscal Year 08/09 - July 1, 2008 through June 30, 2009) Please read, complete, and sign the following:

THIS CONTRACT~ SUBJECT TO THE LIVING WAGE ORDINANCE.

THIS CONTRACT IS NOT SUBJECT TO THE LIVING WAGE ORDINANCE.

Contractor is exempt as a (please check one):
(a) __ Government agency
(b) __ City grantee
(c) __ Non-profit corporation.
•
( d) __ Employees covered by a bona fide collective bargaining agreement where the waiver is explicitly set forth in an agreement in clear and unambiguous terms (please provide copy of collective bargaining agreement). ( e) __ Corporations providing banking services
The undersigned, on behalf of himself or herself individually and on behalf of his or her business or organization, hereby certifies that he or she is fully aware of Santa Monica's Living Wage Ordinance (LWO), and the applicability of the LWO, and the applicability of. the subject contract, as determined herein.· The undersigned further agrees to be bound by all of the terms of the L WO, as mandated in the Santa Monica Municipal Code, Chapter 4.65. If, at any time during the term .of the contract, the answers to the questions posed herein change so that Contractor would be subject to the LWO, Contractor will promptly notify the Director of Finance in writing. Contractor further understands and agrees that the failure to comply with the LWO, this certification, or the terms of the Contract as it applies to the LWO, shall constitute a default of the Contract, which shall be grounds for termination. City shall have the right to examine all books and records of the contractor as they relate to compliance with the LWO.

Payroll records shall at a minimum include full name of each employee performing labor or providing services under the contract, job ciassification and rate of pay. · These statements are made under penalty of perjury under the laws of the State of California.

PrintedName: t:-1.;.~e, l:::-\0:::t os ic,.v'"' Title: \/·ce.. ~e5',-de,1'\-l· Signature: /Z::--~ =- Date: ]A,«...-i i(}e,,, ~ r: cla?8 Contractor: ~ vfj,-e v n C a /,'"µ ,,. Y', · c-, _0- ~ct? C-? -5.., I· Contract Description: So\ 1 d ~ CL t'--~OV°'ctg Qff)e((\+ [Tr;;.; ill t"" Se1vt' c 0 S -2- (Rev. 09/2008)

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Packet Pg. 197 Attachment: December 2, 2008 Executed Contract #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection THIRD MODIFICATION OF AGREEMENT NO. 9011 (CCS)
This Third Modification of Agreement Number 9011 (CCS) (“Third Modification”), entered into as of _______________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Southern California Disposal Company (“Contractor” or “SCD”) is made with reference to the following:

RECITALS
A. On or about December 2, 2008, the City and Southern California Disposal Company (“Contractor” or “SCD”) entered into Agreement Number 9011 (CCS) for Municipal Solid Waste Transferring Services (“Original Agreement”).

B. On or about June 28, 2019, the City and SCD entered into a first modification of Agreement Number 9011 (CCS) (“First Modification”) which clarified and expanded existing transfer services to include Recyclable Material to be transferred by SCD.

C. On September 24, 2019 the City and SCD authorized a modification of Agreement Number 9011 (CCS) to pay for the interim transfer of curbside recyclable materials in an amount not to exceed $900,000 through December 31, 2020.

D. On November 12, 2019, the City and SCD authorized an increase to the not-to-exceed amount for the interim transfer of curbside recyclable materials previously authorized at the September 24, 2019 Council meeting by an additional $360,000.

E. On November 13, 2019, the City and SCD entered into a second modification to the Original Agreement and First Modification (“Second Modification”) to increase the rate to haul curbside recyclables from $25.18 per ton to $39.75 per ton as of November 13, 2019 (plus CPI adjustment applied on January 1, 2020), resulting in an increase of the not to exceed amount to $1,260,000 for hauling curbside recyclable materials only. The new total contract amount, including the $1,260,000 for hauling curbside recyclable materials, cannot exceed $37,260,000 and is subject to future year funding approved by the City Council. The termination date for interim transfer of curbside recyclable material services is December 31, 2020. The termination date for all services other than the interim transfer of curbside recyclable material services is December 31, 2026. The Original Agreement, as amended by the First Modification and Second Modification, is referenced herein as “the Agreement.” F. The City and SCD now desire to amend the Agreement to extend the termination date for interim transfer of curbside recyclable material services to December 31, 2021 and authorize SCD to use 1911 Frank Street, an approximately 150 feet by 70 feet or 10,500 square-foot City property located at the southwest corner of the City Yards (the “Hanson Lot”), in accordance with the License Agreement attached hereto as Exhibit “A”.

DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E 11/5/2020

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Packet Pg. 198 Attachment: November 5, 2020 Executed 3rd Contract Modification #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for

TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually acknowledge the above referenced recitals as true and correct, and agree to modify the Agreement, as follows:

1. This Third Modification shall be effective beginning on the Execution Date and shall terminate on December 31, 2021, unless terminated sooner in accordance with Section 8 of the First Modification.

2. Section 6.6 of the Agreement is deleted in its entirety and replaced with the following text:

Section 6.6 Total Contract Amount.
(i) The rate to haul curbside recyclable materials is $39.75 per ton as of November 13, 2019 (plus CPI adjustment applied on January 1, 2020, and every January 1 thereafter). The City will compensate SCD for the interim transferring services of curbside recyclable materials pursuant to Section 8 of the First Modification (“Additional Services”), in an amount not to exceed $1,260,000. (ii) The total amount of compensation to SCD for all transfer services under the Agreement, including the not to exceed amount under subparagraph (i), above, shall be an amount not to exceed $37,260,000, subject to future year funding approved by the City Council.
(iii) The termination date for interim transfer of curbside recyclable material services is December 31, 2021. The termination date for all services other than the interim transfer of curbside recyclable material services is December 1, 2026.

3. License to use the Hanson Lot. SCD shall be authorized to use the property located at 1911 Frank Street (the “Hanson Lot”) in accordance with the terms and conditions of the License Agreement attached hereto as Exhibit “A,” which is incorporated herein by this reference.

4. Except as expressly modified by this Third Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect. ///
DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E

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Packet Pg. 199 Attachment: November 5, 2020 Executed 3rd Contract Modification #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for IN WITNESS WHEREOF, the parties have executed this Third Modification as of the date and year written above.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
APPROVED AS TO FORM:
______________________________

LANE DILG

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
#VENDOR
By: _______________________________

DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E Interim City Attorney
11/3/2020
George Cardona
President
11/3/2020
Southern California Disposal Co., Inc.

Luke S Kardashian
11/5/2020
Lane Dilg
Interim City Manager
Denise Anderson-Warren
11/10/2020
City Clerk

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Packet Pg. 200 Attachment: November 5, 2020 Executed 3rd Contract Modification #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Exhibit “A”

LICENSE AGREEMENT
This LICENSE AGREEMENT (“Agreement” or “License”), entered into this ___ day of __________________ (“Execution Date”), by and between the CITY OF SANTA MONICA (“City” or” Licensor”), and Southern California Disposal Company (“Licensee”), is made with reference to the following:

RECITALS
A. 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 Charter of the City.

B. Licensee is authorized to do business in the State of California.

C. Licensee desires to use certain property located at 1911 Frank Street and referenced herein as “the Hanson Lot” or “License Area” and City desires to allow the use of the Hanson Lot by SCD, subject to the terms and conditions of this License.

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

1. TERM

1.1 Initial Term. Unless terminated earlier as set forth in this Agreement or extended pursuant to Section 1.2, below, the Initial Term of this Agreement shall commence on the Execution Date and shall terminate thirty (30) days after the Execution Date (“Termination Date”), unless extended in accordance with Section 1.2 or terminated sooner in accordance with Section 18, herein.

1.2 Option to Extend. At the City’s sole discretion and provided the Licensee is in full compliance with the terms and condition of this Agreement, the Initial Term of this License may be extended beyond the Termination Date (“Extension Period”) on a month to month basis, not to extend beyond December 31, 2021, if such extension is requested in writing by SCD no later than fifteen (15) days prior to the Termination Date or authorized Extension Period. Any extension granted is subject to all the same terms and conditions set forth in this Agreement.

2. GRANT OF LICENSE; LICENSEE’S SUBLICENSEE(s).

2.1 Grant of License. City hereby grants to Licensee a nonexclusive revocable license to explore curbside materials transferring services space use options and DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E 11/5/2020

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Packet Pg. 201 Attachment: November 5, 2020 Executed 3rd Contract Modification #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for complete the Scope of Improvements required by Section 4 (collectively, “Permitted Activities”), subject to the terms and conditions of this Agreement.

2.2 No Interest in Property. This license does not constitute an estate or interest in the City Property and is merely a conditional, limited right to enter upon the License Area to perform Permitted Activities for a limited period of time.

3. LICENSE AREA AND USE.

3.1 License Area. The License Area consists of the area depicted in Exhibit 1, which is attached hereto. Licensee accepts the License Area “as is” and Licensor makes no representations or warranties about the suitability of the License Area for any particular purpose. This License includes the reasonable right of access to the License Area by Licensee. Licensee shall not use any City premises or property not specifically permitted pursuant to this Agreement.

3.2 Use and Permitted Activities. The License Area is to be used solely for the exploration of curbside materials transfer services space use options (the “Permitted Activities”). Any other use of the License Area is expressly prohibited.

3.3 Days and Hours of Operation. Licensee’s use of the License Area shall be operational during the following hours:

Days of Operation Hours of Operation
Monday through Friday 5:00 a.m. to 6:00 p.m.

Saturday 7:00 a.m. to 4:00 p.m.

Any changes in the above days and hours shall be subject to mutual agreement of the parties; provided, however that no amplification shall be allowed prior to 8:30 a.m.

4. LICENSE FEE.

As consideration for the License granted herein, Licensee shall (i) pay City the amount of ONE DOLLAR ($1.00) and (ii) complete the Scope of Improvements attached hereto as Exhibit 2 (collectively, the “License Fee”) for the use of the License Area in accordance with this Agreement. The License Fee is payable by check, money order, or other means of payment acceptable to the City’s Finance Department.

5. EQUIPMENT.

5.1 Responsibility for Equipment. City shall have no responsibility for providing or connecting any temporary structures, fixtures, utilities, services, furnishings, or equipment (collectively referenced herein as “Equipment”) necessary to operate the Permitted Activities authorized by this Agreement. Any and all Equipment and their installation shall be the responsibility of Licensee or its Sublicensee(s). All such equipment and furnishings provided by Licensee shall be deemed Licensee’s personal property and shall be removed by Licensee or at the termination of this DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E

4.A.e
Packet Pg. 202 Attachment: November 5, 2020 Executed 3rd Contract Modification #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Agreement. No furnishings or fixtures shall be installed in such a manner as to become permanently affixed to or a part of the License Area, unless required by the Scope of Improvements (Exhibit 2) or authorized, in writing, by the City’s designated representative. Licensee, at its sole cost and expense will be responsible to ensure that Licensee does not cause a safety hazard.

5.2 Notice to City. Licensee shall provide no less than five (5) days’ advance written notice to City of its plans for installation of any Equipment and obtain City’s written consent as to the placement of Equipment within the License Area.

6. MAINTENANCE.

Licensee shall ensure that either Licensee or Sublicensee(s), at no expense to the City, shall keep the License Area in a clean and sanitary condition. Upon expiration of this Agreement, Licensee shall be responsible to assure that the License Area is returned to the City in as good a condition as of the Execution Date of this Agreement. No boxes, barrels, or rubbish in any form shall be kept, piled, or stored in the License Area or surrounding areas unless approved by City. If Licensee fails to maintain such areas or fails to correct any unsanitary condition within 48 hours after being notified in writing to do so by City or other governmental agency with jurisdiction, then City may enter such areas and remedy the condition or conditions at the Licensee’s expense.

7. ALTERATIONS AND REPAIRS.

Licensee accepts the License Area in “as is” condition. City shall not be required to make any alterations, improvements, or repairs therein or thereon to accommodate use of the License Area. Licensee hereby waives any and all rights, any expressed or implied warranties concerning the condition of the License Area. Licensee shall not make any changes to or remove any fixtures existing within the License Area as of the Execution Date without first securing City’s written consent. All such approved changes or removals shall be at the sole expense of Licensee.

8. EMPLOYEES AND MECHANICS’ LIENS.

Licensee shall prevent the filing of any mechanics’ liens, and other liens, and liens for labor, services, supplies, equipment or material incurred by or on behalf of Licensee. Licensee shall at all times fully pay and discharge and wholly indemnify, defend and hold harmless City on account of any said liens, claims assertions, or filing thereof.

9. CITY’S RIGHT TO ENTER.

The City reserves the right to enter upon the License Area at any and all times during the term of this Licensee Agreement.

10. TAXES.

The Licensee shall exonerate, indemnify, and hold harmless the City from and against, and shall defend the City from and against, and shall assume full DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E

4.A.e
Packet Pg. 203 Attachment: November 5, 2020 Executed 3rd Contract Modification #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for responsibility for, payment of all wages or salaries and all federal, state, and local taxes or contributions imposed or required under the Unemployment Insurance, Social Security, Income Tax laws, Worker’s Compensation laws, or other laws with respect to the Licensee’s employees engaged in the performance of Licensee’s obligations. Licensee shall pay all taxes upon personal property and improvements belonging to Licensee and upon their possessory interests, if any, and Licensee shall pay all sales and other taxes levied against the operation of said business.

11. CONTRACT SERVICES INSURANCE REQUIREMENTS.

Prior to entering upon the License Area for any purposes relating to this Agreement, Licensee shall procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with Licensee’s activities on the City Property during the Term of this Agreement and any Extension Period, if any. Such insurance shall, at a minimum, meet the requirements for insurance set forth in Exhibit 3, Insurance Requirements and Verifications.

12. LAWS AND ORDINANCES.

During the term of this License, Licensee shall comply with all applicable federal, state and local laws, ordinances, codes, regulations, which may be amended from time to time. The violation of these rules and regulations shall be deemed a material breach of this License.

13. PERMITS AND LICENSES.

The Licensee shall be required to obtain any and all governmental permits or licenses required for the use of the Licensed Area. Licensee shall provide the Licensor with copies of all approvals, permits and other licenses. Receipts of all approvals, permits and licensed by governmental entities having jurisdiction of the Licensed Area is a condition precedent for the exercise of the License.

14. PROHIBITION AGAINST TRANSFER.

The parties hereby specifically agree that this License is personal to Licensee and that Licensee is prohibited from assigning all or any of its interests under or pursuant to this License to any other party or parties. The sale, assignment, transfer or other disposition of Licensee, or the transfer of any general partner or corporation, which shall result in changing the control of Licensee, shall be construed as an assignment of this Agreement. Any attempt to do so shall be null and void, and any purported assignee, sublessee, or transferee shall acquire no right or interest in this License. All required permits, licenses and any agreements related to the Licensee’s operation must be in Licensee’s name or it will be deemed a purported transfer of this License.

15. WAIVERS.

A waiver by the City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E

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Packet Pg. 204 Attachment: November 5, 2020 Executed 3rd Contract Modification #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for different character.

16. HOLD HARMLESS, DEFEND AND INDEMNIFICATION.

16.1 Hold Harmless, Defend and Indemnification. Licensee shall indemnify, defend and hold harmless Licensor, its City Council, boards and commissions, officers, agents and employees (collectively "Licensor") from and against any and all actions, causes of action, obligations, costs, damages, losses, claims, liabilities and demands of any nature whatsoever, including, but not limited to, reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner connected to: (i) the use or possession of the License Area by Licensee, Sublicensee(s), or their respective directors, officers, employees, contractors, vendors, operators, guests or invitees; (ii) the condition of the License Area; (iii) the exercise of any license rights by Licensee under this Agreement; (iv) the activities and operations of Licensee, and its respective directors, officers, employees, agents, contractors, vendors, operators, guests and invitees; and (v) furnishing or supplying work, services, materials, equipment or supplies in connection with the use of the License Area. Licensee further agrees that City shall not be liable for any loss, damage or injury to Licensee’s business or to the property of Licensee or its respective directors, officers, employees, agents, contractors, vendors, operators, guests or invitees, nor shall City be liable for any injury to Licensee, or its respective directors, officers, employees, agents, contractors, vendors, operators, guests or invitees.

16.2 Costs of Enforcement. Licensee agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth herein.

17. INDEPENDENT CONTRACTOR.

It is understood and agreed that Licensee, in the performance of this Agreement, will be acting in a wholly independent capacity and not as agent, employee, partner, or joint venturer of the City. This Agreement does not create a tenancy of any nature whatsoever between City and Licensee.

18. DEFAULT AND TERMINATION.

18.1 Termination for Default. If Licensee 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 Licensee.

18.2 Termination for Convenience. The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten (10) days’ written notice to Licensee.

18.3 Obligations Upon Termination. Upon termination of the License, Licensee shall remove all equipment and materials and any other personal property from the License Area. If Licensee fails to remove any and all equipment and facilities and any other personal property by the date of termination set forth in the written notice, DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E

4.A.e
Packet Pg. 205 Attachment: November 5, 2020 Executed 3rd Contract Modification #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Licensor may take exclusive possession of the License Area by removing any and all equipment and facilities and any personal property and storing the same at the expense of Licensee without commencing any legal action or obtaining any court order therefor.

19. NOTICES.

All notices, demands, requests or approvals to be given under this Agreement, shall be given in writing, and shall be deemed served when delivered personally, or seventy-two (72) hours after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided.

19.1 Notice to City. All notices, demands, requests or approvals from the Licensee to City shall be addressed to:

City of Santa Monica
Resource Recovery and Recycling Division
2500 Michigan Avenue, Building 9
Santa Monica, CA 90404
Attn.: Resource Recovery and Recycling Manager
With a copy to:

City of Santa Monica
1685 Main Street, Room 310
Santa Monica, CA 90401
Attention: City Attorney

19.2 Notice to Licensee. All notices, demands, requests or approvals from the City to licensee shall be addressed to:

20. RIGHTS LIMITED TO REVOCABLE LICENSE.

Notwithstanding anything contained in this License or the actions of the parties in the future, under no circumstances shall the License granted herein ripen into either a lease or easement (whether under claim of prescriptive right or otherwise).

21. INTERRUPTION OF LICENSE RIGHTS DUE TO EMERGENCY.

In the event of an emergency which jeopardizes the health, safety or welfare of the public or any individual, Licensor may remove Licensee from the License Area and regain possession of it without notice to Licensee. The exercise of Licensor's rights under this Section shall be at Licensor's sole and absolute discretion.

22. RELATIONSHIP OF PARTIES.

The relationship between Licensor and Licensee is solely that of licensor and licensee. Both parties acknowledge the relationship is not of landlord and tenant, easement grantor and easement grantee, or any other relationship.

DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E

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Packet Pg. 206 Attachment: November 5, 2020 Executed 3rd Contract Modification #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for

23. MERGER OF NEGOTIATIONS.

This License represents the full and complete understanding of every kind and nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof, and this License shall not be modified except upon the written agreement of both Licensor and Licensee.

24. NONDISCRIMINATION.

Licensee agrees not to discriminate against any individual because of race, color, religion, national origin, ancestry, sex, sexual orientation, age, disability, or condition of having AIDS, in connection with the License granted herein.

25. COST OF LITIGATION.

Should either party hereto institute any action or proceeding to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses and such amount as is adjudged to be reasonable attorney’s fees for the costs incurred by the prevailing party in such action or proceeding.

26. CAPTIONS OF CONVENIENCE.

The captions herein are for convenience only and are not a part of this Agreement and do not in any way limit, define or amplify the terms and provisions hereof.

27. COUNTERPARTS.

This Agreement may be executed in several counterparts, each of which original, and all of which together constitute but one and the same document.

28. GOVERNING LAW.

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

29. VENUE AND JURISDICTION
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.

30. 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 DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E

4.A.e
Packet Pg. 207 Attachment: November 5, 2020 Executed 3rd Contract Modification #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.

31. EXHIBITS
The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.

Exhibit 1 License Area
Exhibit 2 Scope of Improvements
Exhibit 3 Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
APPROVED AS TO FORM:
______________________________

LANE DILG

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
#VENDOR
By: _______________________________

DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E 11/3/2020
Interim City Attorney
George Cardona
President
Luke S Kardashian
11/3/2020
Southern California Disposal Co., Inc.

Interim City Manager
Lane Dilg
11/5/2020
City Clerk
Denise Anderson-Warren
11/10/2020

4.A.e
Packet Pg. 208 Attachment: November 5, 2020 Executed 3rd Contract Modification #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for

EXHIBIT
1 LICENSE AREA
DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E

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Packet Pg. 209 Attachment: November 5, 2020 Executed 3rd Contract Modification #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for EXHIBIT 2

SCOPE OF IMPROVEMENTS
SCD will complete the following site improvements, at its own cost, during the term of this license agreement:
• Remove all existing structures within the license area outlined in Exhibit 1 • Remove the "Nursery" building on the south edge of the City property • Remove the "Lean-To" structure at the southwest corner of the outlined area • Remove the fence separating and adjacent to the SCD property • Minimal grading
All site improvements shall be subject to the approval of the City.

DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E

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Packet Pg. 210 Attachment: November 5, 2020 Executed 3rd Contract Modification #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for EXHIBIT 3

INSURANCE REQUIREMENTS
Licensee shall ensure that Sublicensee(s) procures and maintains limits of insurance of the types and in the amounts described below:

Licensee shall ensure that Sublicensee(s) procures and maintains limits of insurance of the types and in the amounts described below:

Minimum Scope and Limits of Insurance

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering GCL on an “occurrence” basis, including products-completed operations and personal & advertising injury, with limits of no less than $3,000,000 per occurrence.

2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if the Licensee 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 and Employer’s Liability Insurance: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.

If the Sublicensee(s) maintains higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to coverage for the higher limits maintained by the Sublicensee(s).

Other Insurance Provisions

1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status (CGL policy): 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 Sublicensee(s) including materials, parts or equipment furnished in connection with such work or operations. The additional insured status can be provided in the form of an endorsement at least as broad DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E

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Packet Pg. 211 Attachment: November 5, 2020 Executed 3rd Contract Modification #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for as Insurance Services Office Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.
b. Primary Coverage (all policies): For any claims related to this contract, the Sublicensee(s)’s insurance shall be primary 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 Licensee or Sublicensee(s)’s insurance and shall not contribute with it.
c. Notice of Cancellation (all policies): Each insurance policy required herein shall state that coverage shall not be cancelled, except after 30 days prior written notice (10 days for non-payment) has been given to the City of Santa Monica. d. Waiver of Subrogation (all policies): Sublicensee(s) hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Sublicensee(s) may acquire against the City of Santa Monica by virtue of payment of any loss. Sublicensee(s) agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.

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

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Licensee or Sublicensee(s) to reduce or eliminate the deductible or retention applicable to the contracted work or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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

Verification of Coverage
Sublicensee(s) shall furnish the City of Santa Monica with original certificates and DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E

4.A.e
Packet Pg. 212 Attachment: November 5, 2020 Executed 3rd Contract Modification #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for amendatory endorsements or copies of the applicable policy language providing the insurance coverage required herein. 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 Sublicensee(s)’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.

DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E

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Packet Pg. 213 Attachment: November 5, 2020 Executed 3rd Contract Modification #9011 (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for

4.A.f
Packet Pg. 214 Attachment: SCD - Levine Act (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Materials Transfer Service)

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Packet Pg. 215 Attachment: SCD - Levine Act (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Materials Transfer Service)

4.A.g
Packet Pg. 216 Attachment: SCD - Oaks Initiative (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Materials Transfer Service)

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Packet Pg. 217 Attachment: SCD - Oaks Initiative (6635 : Authorize 4th Modification of CT 9011 with SoCal Disposal for Collection Materials Transfer Service) City Council
Report
City Council Meeting: April 22, 2025
Agenda Item: 4.B
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Award Purchase Order for Xylem Flygt Pumps for the Moss Avenue Pump Station
Recommended Action
Staff recommends that City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the Procurement Manager to issue a purchase order with Xylem Water Solutions USA, Inc. for the purchase of two (2) Flygt pumps for the Public Works Department. 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 $350,000.

Summary
The City of Santa Monica’s Water Resources Division (WRD) within the Public Works Department provides water and wastewater services to over 93,000 residents and 2,700 commercial customers. On average, the City’s wastewater infrastructure collects and disposes of 14 million gallons of wastewater per day. A majority of the wastewater is conveyed to the City of Los Angeles’ Hyperion Treatment Plant for treatment and final disposal. The wastewater conveyance infrastructure includes the Moss Avenue Pump Station (MAPS) which is a part of the City of Los Angeles’ Amalgamated System where MAPS is owned by the City of Los Angeles and operated by the City of Santa Monica staff. Capital improvement and operational costs at MAPS are fully reimbursed by the City of Los Angeles. To ensure reliable wastewater pumping service at MAPS, staff

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recommends replacing two aging pumps by awarding a purchase order to Xylem for two new Xylem NT 3356 pumps in an amount not to exceed $350,000.

Discussion
The City of Santa Monica’s wastewater travels approximately nine miles south along the coast and requires sewer lift stations, such as MAPS, along the way to convey it to the City of Los Angeles’ Hyperion Treatment Plant located in El Segundo. MAPS is a partnership between the City of Los Angeles and the City, where the City is responsible for operating the wastewater pump station and the City of Los Angeles reimburses the City for operation and maintenance costs, including equipment replacement, as well as capital improvement costs.

MAPS was constructed in 2001 and much of the equipment, including the pumps, are original. As a result, the pumps have experienced on-going maintenance issues over the past several years. Since 2023, the WRD has replaced three out of the four pumps with Xylem’s proprietary NT 3356 pump, which uses a patented N impeller to minimize clogging by materials such as rags, baby wipes, and debris that typically plug conventional wastewater pumps. The Xylem NT 3356 pump also provides superior corrosion resistance over the pumps previously installed at MAPS.

To date, WRD has not experienced any issues with the three new Xylem pumps and is seeking to purchase two additional Xylem NT 3356 pumps. The pumps have run for two years and have not been out of service once versus the legacy pumps which went out of service and required maintenance quarterly to unclog the debris at a significant cost and risk of a sewer overflow. The replacement of the final pump would also allow for one program logic needed versus two separate program logics with two types of pumps.

This would reduce possibilities of miscommunications between the pumps as they work in tandem depending on the amount of flow, as one single pump cannot run continuously and requires the others to take over before overheating. One pump would be used to replace the final existing legacy pump at MAPS and the second pump would be used as a backup in the event one of the pumps needed to be removed for servicing.

Vendor Selection

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Exception to Competitive Bidding
Staff recommends Xylem Water Solutions USA, Inc to furnish and deliver two (2) Flygt NT 3356 pumps as an exception to competitive bidding per Muni Code 2.24.250 (b).

This purchase meets the City’s exception to competitive bidding criteria (b), as the wastewater pumps are proprietary to Xylem
b. When a good or service is copyrighted, patented or only available from one license holder, including proprietary goods, original equipment manufacturers and/or exclusive distributors.

Environmental Review
The replacement of wastewater pumps and use of temporary pumps at MAPS is categorically exempt pursuant to Section 15302 (Replacement and Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines. Section 15302 exempts Class 2 projects which “consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced”. The new wastewater pumps, and use of temporary pumps until the new wastewater pumps are delivered, would replace existing wastewater pumps with essentially the same purpose and capacity, and therefore, the wastewater replacement pumps are categorically exempt from CEQA pursuant to Section 15302 of the CEQA Guidelines.

Past Council Actions
Meeting Date Description
04/25/2023 (Attachment A) Authorization of purchase order with Xylem Water Solutions USA for the purchase of two (2) Flygt pumps
for MAPS.
12/19/2023 (Attachment B) Approval of Change Order to Purchase Order for Xylem Flygt Pumps for the Moss Avenue Pump Station
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Wastewater Fund to award a Purchase Order to Xylem Water Solutions USA, Inc for the purchase of two Xylem NT 3356 wastewater pumps at MAPS. The cost of purchasing the two replacement pumps

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would be reimbursed by the City of Los Angeles as part of the agreement between the City of Santa Monica and City of Los Angeles to operate MAPS.

Purchase Order Request
FY 2024-25
Request Amount Dept Account # Total Contract Amount
$350,000 51500001.529420 $350,000
Prepared By: Sunny Wang, Water Resources Manager
Approved Forwarded to Council
Attachments:

A. April 25, 2023 Staff Report
B. December 19, 2023 Staff Report
C. Xylem - Oaks Initiative
D. Xylem - Levine Act

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Packet Pg. 221
City Council
Report
City Council Meeting: April 25, 2023
Agenda Item: 5.H
1 of 3
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Award Purchase Order to Xylem Water Solutions USA, Inc for Purchase of Two (2) Flygt Pumps
Recommended Action
Staff recommends that City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines.

2. Authorize the Procurement Manager to issue a purchase order with Xylem Water Solutions USA, Inc for the purchase of two (2) Flygt pumps for the Public Works Department. 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 $300,000 with future year funding contingent on Council budget approval.

Summary
The City of Santa Monica’s Public Works Department, Water Resources Division collects and disposes of 14 million gallons of wastewater per day in the City; the majority of the wastewater is conveyed to the City of Los Angeles’ Hyperion Treatment Plant for treatment. The Moss Avenue Pump Station (MAPS), a critical part of wastewater infrastructure in the City, is located adjacent to the Santa Monica Pier and uses four wastewater pumps to convey the City’s wastewater to the Hyperion Treatment Plant. The current wastewater pumps at MAPS are obsolete and continue to experience service malfunctions and outages that put the City at risk of a major sewer overflow event. Staff recommends that Xylem Water Solutions USA, Inc (Xylem) be awarded a purchase order to provide two (2) Flygt replacement pumps, as an exception to the competitive process, as the wastewater pumps are proprietary to Xylem and currently

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Packet Pg. 222 Attachment: April 25, 2023 Staff Report (6922 : Award Purchase Order for Xylem Flygt Pumps for the Moss Avenue Pump Station) 2 of 3
have a long lead time (6-8 months) due to supply chain shortages. The equipment replacement cost for MAPS is reimbursed by the City of Los Angeles.

Discussion
The City’s wastewater travels approximately nine miles south along the coast to El Segundo and requires sewer lift stations along the way to convey it to the Hyperion Treatment Plant. The MAPS is a partnership between the City of Los Angeles and the City, where the City is responsible for operating the wastewater pump station and the City of Los Angeles reimburses the City for operation and maintenance costs, including equipment replacement. The four pumps currently in service at the MAPS are obsolete and have required significant maintenance and repair due to clogs and corrosion caused by the harsh environmental elements in the coastal environment. To ensure reliable service at MAPS, the Water Resources Division has been renting an emergency standby pump and generator for extended durations as two out of the four available pumps have experienced prolonged service outages.

To improve operational reliability at the MAPS, staff is proposing to replace the wastewater pumps at MAPS with Xylem’s proprietary NT 3356 pump, which uses a patented N impeller to minimize clogging by materials such as rags, baby wipes, and debris that typically plug conventional wastewater pumps. The Xylem NT 3356 pump also provides superior corrosion resistance over the existing pumps.

Exception to Competitive Bidding
Staff recommends Xylem Water Solutions USA, Inc to furnish and deliver two (2) Flygt NT 3356 pumps as an exception to competitive bidding per Municipal Code 2.24.250(b). This purchase meets the City’s exception to competitive bidding criteria (b), as the wastewater pumps are proprietary to Xylem.
b. When a good or service is copyrighted, patented or only available from one license holder, including, proprietary goods, original equipment manufacturers and/or exclusive distributors.

Environmental Review
The replacement of wastewater pumps at MAPS is categorically exempt pursuant to Section 15302 (Replacement and Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines. Section 15302 exempts Class 2 projects which

4.B.a
Packet Pg. 223 Attachment: April 25, 2023 Staff Report (6922 : Award Purchase Order for Xylem Flygt Pumps for the Moss Avenue Pump Station) 3 of 3
“consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced”. The new wastewater pumps would replace existing wastewater pumps with essentially the same purpose and capacity, and therefore, the wastewater replacement pumps are categorically exempt from CEQA.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Wastewater Fund to award a purchase order to Xylem Water Solutions USA, Inc. for the purchase of two replacement wastewater pumps at MAPS. The cost of purchasing the two replacement pumps will be reimbursed by the City of Los Angeles as part of the agreement between the City of Santa Monica and City of Los Angeles to operate MAPS and will be realized in FY 2023-24 when the reconciliation is submitted to City of Los Angeles for reimbursement.

Purchase Order Request
FY 2022-23
Request Amount Department Account # Total Purchase Order Amount $300,000 51500001.529420 $300,000
Prepared By: Chris Aguillon, Water Resources Protection Specialist Approved Forwarded to Council
Attachments:

A. FY 22-23 Oaks Initiative (Xylem)

4.B.a
Packet Pg. 224 Attachment: April 25, 2023 Staff Report (6922 : Award Purchase Order for Xylem Flygt Pumps for the Moss Avenue Pump Station) City Council
Report
City Council Meeting: December 19, 2023
Agenda Item: 5.I
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Approval of Change Order to Purchase Order for Xylem Flygt Pumps for the Moss Avenue Pump Station
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15302 of the California Environmental Quality Act (CEQA) Guidelines.

2. Authorize the Procurement Manager to issue a change order to purchase order #22300940 in the amount of $30,000 with Xylem Water Solutions USA, Inc for the purchase of two (2) Flygt pumps for the Public Works Department. This would result in a revised purchase order total not to exceed $330,000, with future year funding contingent on Council budget approval.

Summary
The City of Santa Monica’s Water Resources Division within the Public Works Department provides water and wastewater services to over 93,000 residents and 2,700 commercial customers. On average, the City’s wastewater infrastructure collects and disposes of 14 million gallons of wastewater per day and majority of the wastewater is conveyed to the City of Los Angeles’ Hyperion Treatment Plant for treatment and final disposal. The Moss Avenue Pump Station (MAPS), a critical part of wastewater infrastructure in the City, is located adjacent to the Santa Monica Pier and uses four wastewater pumps to convey the City’s wastewater to the Hyperion Treatment Plant located in El Segundo. The current wastewater pumps at MAPS are obsolete and continue to experience service malfunctions and outages that put the city at risk of a major sewer overflow event. Two replacement pumps were ordered, but due to supply chain issues, delivery was delayed and a temporary rental pump was required to ensure

4.B.b
Packet Pg. 225 Attachment: December 19, 2023 Staff Report (6922 : Award Purchase Order for Xylem Flygt Pumps for the Moss Avenue Pump Station) 2 of 4
wastewater continues to be conveyed to the Hyperion Treatment Plant and prevent sewer overflows. The cost to rent the temporary pump while waiting for the two permanent replacement pumps to arrive resulted in an increase in overall project cost that was not originally anticipated. Staff recommends the City Council approve a modification for the purchase order with Xylem Water Solutions USA, Inc (Xylem) for the temporary rental pump cost. The equipment replacement and rental costs for MAPS are reimbursed by the City of Los Angeles as it is part of the City of Los Angeles Bureau of Sanitation’s amalgamated system.

Discussion
The City of Santa Monica’s wastewater travels approximately nine miles south along the coast and requires sewer lift stations along the way to convey it to the City of Los Angeles’ Hyperion Treatment Plant located in El Segundo. The MAPS is a partnership between the City of Los Angeles and the City, where the City is responsible for operating the wastewater pump station and the City of Los Angeles reimburses the City for operation and maintenance costs, including equipment replacement. The four pumps currently in service at the MAPS are obsolete and have required significant maintenance and repair due to clogs and corrosion caused by the harsh environmental elements in the coastal environment. To improve operational reliability at the MAPS, the wastewater pumps at MAPS will be replaced with Xylem’s proprietary NT 3356 pump, which uses a patented N impeller to minimize clogging by materials such as rags, baby wipes, and debris that typically plug conventional wastewater pumps. The Xylem NT 3356 pump also provides superior corrosion resistance over the existing pumps. To ensure reliable service at MAPS while waiting for the new permanent pumps to arrive, the Water Resources Division has been renting an emergency standby pump and generator for extended durations as two out of the four existing pumps have experienced prolonged service outages and supply chain impacts have delayed the delivery of the two new replacement pumps.

Staff recommends the City Council approve a modification for the purchase order with Xylem Water Solutions USA, Inc (Xylem) for the temporary rental pump cost. The equipment replacement and rental costs for MAPS are reimbursed by the City of Los

4.B.b
Packet Pg. 226 Attachment: December 19, 2023 Staff Report (6922 : Award Purchase Order for Xylem Flygt Pumps for the Moss Avenue Pump Station) 3 of 4
Angeles as it is part of the City of Los Angeles Bureau of Sanitation’s amalgamated system.

Meeting Date Description
04/25/23
(Attachment A)
Authorization of purchase order with Xylem Water Solutions USA for the purchase of two (2) Flygt pumps for MAPS.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Wastewater Fund to increase the amount of Purchase Order 22300940 with Xylem Water Solutions USA, Inc for temporary rental pump costs.

Purchase Order Modification Request
Purchase
Order #
Current
Authorized
Amount
FY 2023-24
Modified Request
Amount
Dept Account #
Total Revised
Contract
Amount
22300940 $300,000 $30,000 51500001.529420 $330,000
Future year funding is contingent on Council budget approval.

4.B.b
Packet Pg. 227 Attachment: December 19, 2023 Staff Report (6922 : Award Purchase Order for Xylem Flygt Pumps for the Moss Avenue Pump Station) 4 of 4
Prepared By: Thomas Poon, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. April 25, 2023 Staff Report (Web Link)
B. Oaks Initiative Form - Xylem

4.B.b
Packet Pg. 228 Attachment: December 19, 2023 Staff Report (6922 : Award Purchase Order for Xylem Flygt Pumps for the Moss Avenue Pump Station)

CITY OF SANTA MONICA

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

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #

4.B.c
Packet Pg. 229 Attachment: Xylem - Oaks Initiative (6922 : Award Purchase Order for Xylem Flygt Pumps for the Moss Avenue Pump Station) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 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 $500 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: _________________________________ 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.

4.B.d
Packet Pg. 230 Attachment: Xylem - Levine Act (6922 : Award Purchase Order for Xylem Flygt Pumps for the Moss Avenue Pump Station) City of Santa Monica Levine Act Disclosure Form
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.

4.B.d
Packet Pg. 231 Attachment: Xylem - Levine Act (6922 : Award Purchase Order for Xylem Flygt Pumps for the Moss Avenue Pump Station) City Council
Report
City Council Meeting: April 22, 2025
Agenda Item: 4.C
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Award Bid to Carbon Activated Corporation to Provide Granular Activated Carbon (GAC) Media for the Water Resources Division
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;

2. Award Bid #4497 to Carbon Activated Corporation to provide Granular Activated Carbon (GAC) media along with haul-away and reactivation services for spent media for the Public Works Department; and

Summary
The City of Santa Monica’s Water Resources Division within the Public Works Department provides safe, high-quality drinking water to the community through a multibarrier water treatment system. As part of the multi-barrier treatment system, Granular Activated Carbon (GAC) media is used at the City’s Arcadia Water Treatment Plant and Charnock Water Treatment Plant to remove contaminants from local groundwater aquifers and provide safe drinking water to approximately 18,000 Santa Monica residential, commercial, and institutional customers. The GAC media needs to be replaced periodically to ensure the removal of groundwater contaminants, and that the City’s drinking water meets or exceeds all federal and state drinking water standards.

Staff recommends that Council award bid #4497 to and execute a five-year agreement

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in an amount not to exceed $3,000,000 with Carbon Activated Corporation to provide GAC media along with haul-away and reactivation services for spent media.

Discussion
The City uses GAC filter media at both its Arcadia and Charnock Water Treatment Plants to remove contaminants from groundwater including methyl tert-butyl ether (MTBE), ter-butyl alcohol (TBA), and other volatile organic compounds (VOCs) as part of a multi-barrier water treatment process to produce safe, high-quality drinking water that meets or exceeds federal and state water quality requirements for use by Santa Monica customers. As contaminated water flows through the GAC, contaminants stick to the GAC surface and are removed. Over time, the adsorption sites on the GAC media are exhausted and need to be replaced to ensure continued removal of groundwater contaminants.

Vendor Selection
Bidder Recommendation
Best Bidder Carbon Activated Corporation
Evaluation Criteria Price; the experience and reference of the bidder to similar magnitude of project;
Municipal Code SMMC 2.24.180
Bid Data
Date
Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
01/31/2025 City's Online
Bidding Site
Santa Monica Daily
Press
23 02/27/2025
Best Bidder Justification
Carbon Activated Corporation was chosen as the best bidder by an evaluation committee of Water Resources Division staff as they were the overall lowest price over the five-year period with fixed pricing for all five years. The other three bidders were either more expensive or had escalators in the future renewal years which made their overall five-year contract higher in price. Carbon Activated also Submittals Received
Carbon Activated
Corporation $25,831 per load Calgon Carbon Corporation $48,000 per load Karbonous, Inc. $24,484 per load CARB USA LLC $30,500 per load

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demonstrated their ability to deliver the GAC on the same magnitude and frequency as the City of Santa Monica’s Water division requires based on references from other similar agencies.

Environmental Review
The replacement of GAC filter media at the Charnock Treatment Plant and Arcadia Water Treatment Plant is categorically exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines. Section 15301 provides exemption for the operation, repair, maintenance, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination.

The purchase order would continue the practice of periodic replacement of the GAC filter media at the Charnock Treatment Plant and Arcadia Water Treatment Plant. The agreement would not expand or materially change existing facilities or operations.

Therefore, the award agreement is categorically exempt pursuant to Section 15301 of the CEQA Guidelines.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Water Fund to award a contract with Carbon Activated Corporation to provide GAC media along with haul-away and reactivation services for spent media.

Agreement Request
FY 2024-25
Request Amount
Department
Account #
Future Year
Request Amount
Total Contract
Amount
$300,000 50500002.525084 $2,700,000 $3,000,000
Future year funding is contingent on Council budget approval.

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Prepared By: Thomas Poon, Engineering Support Services Administrator Approved Forwarded to Council
Attachments:

A. Carbon Activated - Oaks Initiative
B. Carbon Activated - Levine Act

4.C
Packet Pg. 235

4.C.a
Packet Pg. 236 Attachment: Carbon Activated - Oaks Initiative (6956 : Award Bid 4497 and Agreement to Carbon Activated for Granular Activated Carbon City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

Code Regs. Section 18438.1, which states:

4.C.b
Packet Pg. 237 Attachment: Carbon Activated - Levine Act (6956 : Award Bid 4497 and Agreement to Carbon Activated for Granular Activated Carbon (GAC) City of Santa Monica Levine Act Disclosure Form
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.

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.

4.C.b
Packet Pg. 238 Attachment: Carbon Activated - Levine Act (6956 : Award Bid 4497 and Agreement to Carbon Activated for Granular Activated Carbon (GAC) City Council
Report
City Council Meeting: April 22, 2025
Agenda Item: 4.D
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Award Bid and Purchase Orders to JCI Jones Chemicals Inc. and Univar Solutions USA for the Purchase of Sodium Bisulfite
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;

Summary
The City of Santa Monica’s Water Resources Division within the Public Works Department operates a multi-barrier treatment process at the Charnock Treatment Plant to produce safe, high-quality drinking water for the community. The multi-barrier treatment processes require the addition of chemicals to support contaminant removal, including the use of sodium bisulfite to dechlorinate the water before it is treated through the biological granular activated carbon process at the Charnock Treatment Plant

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(Charnock). The biological granular activated carbon process is critical in removing contaminants from the Charnock Well Field. Staff recommends JCI Jones Chemicals, Inc. (JCI) as the primary vendor to provide the sodium bisulfite in an amount not to exceed $300,000 over a five-year period. Univar Solutions would serve as a secondary vendor should JCI’s supply be interrupted by material or labor shortages in an amount not to exceed $200,000.

Discussion
The City uses a multi-barrier treatment process at Charnock to produce high-quality and safe drinking water for the City’s customers. Sodium Bisulfite (purchased as 38% solution of NaHSO3) is used in the treatment process at Charnock to remove chlorine from the feed water to be treated through the biological granular activated carbon process. The Charnock Treatment Plant was upgraded in 2010 to include biological granular activated carbon and remove industrial contaminants (e.g., methyl-tert-butyl ether) from the Charnock Well Field. It is estimated that Charnock would receive approximately 12 deliveries, at 5,000 gallons per delivery, of sodium bisulfite each year to support local groundwater production.

Vendor Selection
Bidder Recommendation
Best Bidder JCI Jones Chemicals Inc.

Evaluation Criteria Price.

Municipal Code SMMC 2.24.180
Bid Data
Date
Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
01/31/2025 City's Online
Bidding Site
Santa Monica Daily
Press
14 02/27/2025
Best Bidder Justification
JCI Jones Chemicals was chosen as the best bidder by a committee comprised of Water Resources staff based on price as they were the overall lowest price over the Submittals Received
JCI Jones Chemicals Inc $2.65/gal Blue Angel International LLC $2.84/gal Univar Solutions USA LLC $2.40/gal

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five-year period with fixed pricing for all five years. Univar Solutions’ renewal options were at a 10% escalator each year and Blue Angel Internation LLC did not provide renewal options. Supply chain issues still affect availability of chemicals and has made it difficult for chemical vendors to source the raw materials needed on occasion. Therefore, Univar has been selected as the secondary Vendor in the even JCI Jones Chemicals is unable to fulfill the order.

Environmental Review
The purchase and use of sodium bisulfite at the Charnock Treatment Plant is categorically exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines.

Section 15301 provides exemption for the operation, repair, maintenance, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The purchase order would continue the practice of adding sodium bisulfite at the Charnock Treatment Plant to support the biological granular activated carbon process. The agreement would not expand or materially change existing facilities or operations. Therefore, the award agreement is categorically exempt pursuant to Section 15301 of the CEQA Guidelines.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Water Fund to award a purchase order with JCI Jones Chemicals Inc. as the primary vendor to provide Sodium Bisulfite and a purchase order to Univar Solutions USA LLC as a secondary vendor in the event JCI Jones Chemicals is unable to fulfill the order.

Purchase Order Request
JCI Jones Chemicals Inc (Primary Vendor)
FY 2024-25
Amount
Future Years
Amount
Department
Account #
Total Contract
Amount
$30,000 $270,000 50500002.525081 $300,000
Purchase Order Request

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Univar Solutions USA LLC (Secondary Vendor)
FY 2024-25
Amount
Future Years
Amount
Department
Account #
Total Contract
Amount
$30,000 $170,000 50500002.525081 $200,000
Future year funding is contingent on Council budget approval.

Prepared By: Thomas Poon, Engineering Support Services Administrator Approved Forwarded to Council
Attachments:

A. JCI Jones - Oaks Initiative
B. JCI Jones - Levine Act
C. Univar - Oaks Initiative
D. Univar - Levine Act

4.D
Packet Pg. 242

4.D.a
Packet Pg. 243 Attachment: JCI Jones - Oaks Initiative (6957 : Award Bid 4496 and Purchase Orders to JCI and Univar for Sodium Bisulfite) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

Code Regs. Section 18438.1, which states:

4.D.b
Packet Pg. 244 Attachment: JCI Jones - Levine Act (6957 : Award Bid 4496 and Purchase Orders to JCI and Univar for Sodium Bisulfite) City of Santa Monica Levine Act Disclosure Form
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.

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.

4.D.b
Packet Pg. 245 Attachment: JCI Jones - Levine Act (6957 : Award Bid 4496 and Purchase Orders to JCI and Univar for Sodium Bisulfite)

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: Jenn�er M.:?:: Signature��
Email: [email protected]
FOR CITY USE ONLY:

Bid/PO/Contract# _________ _
Title: Sr. Municipal Bid Specialist
Date: 2/18/2025
Phone: 253-872-5040__ .

Permit# _________ _
Univar Solutions USA Inc.

David Jukes, Jim Holcomb, Lexa Colin, Nick Alexos
None

4.D.c
Packet Pg. 246 Attachment: Univar - Oaks Initiative (6957 : Award Bid 4496 and Purchase Orders to JCI and Univar for Sodium Bisulfite) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

Code Regs. Section 18438.1, which states:

4.D.d
Packet Pg. 247 Attachment: Univar - Levine Act (6957 : Award Bid 4496 and Purchase Orders to JCI and Univar for Sodium Bisulfite) City of Santa Monica Levine Act Disclosure Form
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.

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.

4.D.d
Packet Pg. 248 Attachment: Univar - Levine Act (6957 : Award Bid 4496 and Purchase Orders to JCI and Univar for Sodium Bisulfite) City Council
Report
City Council Meeting: April 22, 2025
Agenda Item: 4.E
1 of 4
To: Mayor and City Council
From: Anuj Gupta, Director of Transportation, Department of Transportation, Transit Maintenance
Subject: Approval of Agreement with Trapeze Software Group for Asset Management System Maintenance
Recommended Action
Staff recommends that the City Council:

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

Summary
Big Blue Bus, a division of the Santa Monica Department of Transportation (DOT), operates 194 transit buses that require regular maintenance to ensure they remain in a state of good repair. DOT uses a computer asset management system to assist in planning and recording the maintenance of transit buses including preventative maintenance scheduling, parts inventory, and fuel consumption tracking. This system, Enterprise Asset Management (EAM), is proprietary software to Trapeze Group (Trapeze) and performs critical functions vital to operating a public transportation maintenance program.

DOT’s EAM system requires regular software and hardware maintenance including troubleshooting of errors, system upgrades and updates, and new hardware to ensure

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that it continues to function correctly. DOT also periodically performs system health checks with Trapeze to identify areas where its business process could be improved to enhance internal controls of inventory or make its maintenance operations more efficient. As the owner of the EAM system, Trapeze is the sole entity able to provide software maintenance and support services for DOT’s EAM system. Staff seeks authority to execute an agreement with Trapeze for software maintenance services, a system health check, and training in an amount not to exceed $776,969 over a five-year period including a 7% contingency. The pricing is based on the quote for software maintenance provided by Trapeze. Staff compared this quote to our previous maintenance agreement amount and to contracts for similar software maintenance services and found the pricing to be reasonable. While the pricing was 9% higher than our previous contract with Trapeze for software maintenance, it is lower than our contract with Clever Devices for similar services.

Discussion
DOT’s asset management system is designed to help DOT staff track and report transit bus performance, maintenance cost accounting, and to store critical maintenance data including maintenance and repair work orders, parts purchasing historical information, vehicle fuel consumption, and other key performance indicators. DOT also uses its Trapeze EAM system to plan routine bus maintenance and fleet campaigns, and to provide reports and required data to federal, state, and local regulatory bodies and funding agencies.

As the sole proprietor of the EAM system, Trapeze licenses its software to DOT on a per asset basis. This licensing cost includes software maintenance, troubleshooting of system errors, and system upgrades to incorporate new system features, fixes to know system deficiencies, and upgrades to system security. In addition to this software maintenance, DOT periodically performs system health checks and staff training to ensure that DOT is making the best possible use of its EAM system. During a system health check, Trapeze staff reviews DOT’s business processes including parts management and inventory, warranty repairs, work orders, and state of good repair

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processes to determine where improvements could be made to improve the efficiency of DOT’s processes.

Staff recommends executing a contract with Trapeze Group to provide software licenses and maintenance services, a system health check, and staff training for DOT’s EAM system. This contract would enable DOT to continue to receive software maintenance and support for its EAM system that is crucial to ensuring its fleet of transit buses are maintained in a state of good repair to provide service to its riders.

Vendor/Consultant Selection
Exception to Competitive Bidding
Staff recommends Trapeze Group to provide software maintenance, licensing, system health check and training services for its EAM asset management system as an exception to competitive bidding per Muni Code 2.24.250 (b). The Trapeze EAM system that DOT uses to manage the parts inventory and maintenance activities for its fleet of transit buses is proprietary software of Trapeze Group. As the sole proprietor of the EAM system, Trapeze is the only entity able to provide software licenses and maintenance services. b. when a good or service is copyrighted, patented or only available form one license holder, including, proprietary goods, original equipment manufacturers and/or exclusive distributors
Environmental Review
The award contract is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The modification is covered by the commonsense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The contract will provide the City with software licenses, maintenance, system health check, and training for DOT’s EAM asset management system. Therefore, it can be seen with certainty that the proposed contract would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.

Financial Impacts and Budget Actions

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Staff seeks authority to approve funding from the Big Blue Bus fund to award a contract with Trapeze Group for software licenses, maintenance, system health check, and training for DOT’s EAM asset management system. Funds will be included in the FY 2025-27 Proposed Biennial Budget.

Contract Request
FY 2025-26
Request Amount CIP Account #
Future Years
Amount Total Contract Amount
$164,171 C6004770.689000 $612,798 $776,969
Future year funding is contingent on Council budget approval.

Prepared By: David Nanjo, Administrative Analyst
Approved Forwarded to Council
Attachments:

A. Trapeze Sole Source Letter
B. EAM Software Maintenance Quote
C. EAM Health Check Quote
D. Trapeze Oaks
E. Trapeze - Levine Act Disclosure Form 2025

4.E
Packet Pg. 252
March 6, 2025
Trapeze Group
Attn: David Nanjo
1600 7th St
Santa Monica, CA - 90401
RE: Sole Source Letter – Software & Maintenance License Agreement Dear Mr. Nanjo
Trapeze Software Group Inc. (Trapeze) is pleased to provide this letter to the City of Santa Monica – Santa Monica Municipal Bus Lines (Big Blue Bus) as justification for the sole source renewal of our SWMLA for the continued use of Enterprise Asset Management in support of Big Blue Bus’ (BBB) operations.

Justification for Sole Source Procurement

1. Proprietary Software and Integration
Trapeze develops and maintains our software solutions identified above that are designed to integrate with each other and BBB’s existing infrastructure. Transitioning to an alternate vendor’s software would require extensive redevelopment of integrations, posing significant risks to system stability and operational continuity.

2. Operational Continuity and Efficiency
The applications provided by Trapeze are integral to daily transit operations, including maintenance, bidding and workforce management and reporting. Changing vendors would disrupt services, require retraining of staff and introduce potential compatibility issues with other critical systems.

3. Cost and Time Savings
Procuring and implementing new software from another vendor would result in more costs for acquisition, configuration, testing, and staff training. Additionally, transitioning to a different system could take years, potentially negatively impacting service delivery and customer satisfaction.

4. Ongoing Support and Compliance
Trapeze provides support, updates, and compliance modifications required to meeting industry regulations and security standards. No other vendor has the proprietary rights or expertise to maintain and support these applications.

4.E.a
Packet Pg. 253 Attachment: Trapeze Sole Source Letter (6961 : Asset Management System Maintenance Agreement) If there are any questions or more information is needed to complete the purchasing process, please feel free to contact me at 647-248-2783 or [email protected] Your time and attention to this matter are appreciated.

Sincerely,

TRAPEZE GROUP
David Hernandez
Customer Success Manager
(t) 647-248-2783
(e) [email protected]

4.E.a
Packet Pg. 254 Attachment: Trapeze Sole Source Letter (6961 : Asset Management System Maintenance Agreement) City of Santa Monica (BBB) - Maintenance Schedule
Product Period Operational Characteristics Value Notes
EAM FA July 1, 2025 - June 30, 2026
565 non revenue vehicles, 265 equipment units. 1325 assets, 1250 EquipmentFocus, 9 mobile, 1 Crystal $ 121,189.80 Renewal Year 1 EAM FA July 1, 2026 - June 30, 2027
565 non revenue vehicles, 265 equipment units. 1325 assets, 1250 EquipmentFocus, 9 mobile, 1 Crystal $ 128,461.19 Renewal Year 2 EAM FA July 1, 2027 - June 30, 2028
565 non revenue vehicles, 265 equipment units. 1325 assets, 1250 EquipmentFocus, 9 mobile, 1 Crystal $ 136,168.86 Renewal Year 3 EAM FA July 1, 2028 - June 30, 2029
565 non revenue vehicles, 265 equipment units. 1325 assets, 1250 EquipmentFocus, 9 mobile, 1 Crystal $ 144,338.99 Renewal Year 4 (Optional) EAM FA July 1, 2029 - June 30, 20230
565 non revenue vehicles, 265 equipment units. 1325 assets, 1250 EquipmentFocus, 9 mobile, 1 Crystal $ 152,999.33 Renewal Year 5 (Optional) Total $ 683,158

4.E.b
Packet Pg. 255 Attachment: EAM Software Maintenance Quote (6961 : Asset Management System Maintenance City of Santa Monica - Santa Monica
Municipal Bus Lines (Big Blue Bus)
Work Order # 0144973
3/5/2025
Trapeze Software ULC
200-5060 Spectrum Way
Mississauga, ON Canada L4W 5N5
David Hernandez – Customer Success Manager
Tel: 647-248-2783
Email: [email protected]
Trapeze Software Group, Inc.
5265 Rockwell Drive NE
Cedar Rapids, Iowa 52402

4.E.c
Packet Pg. 256 Attachment: EAM Health Check Quote (6961 : Asset Management System Maintenance Agreement) 5265 Rockwell Drive NE Cedar Rapids, Iowa 52405 US|[email protected] USA
Work Order
Client Name: City of Santa Monica – Santa
Monica Municipal Bus Lines (Big Blue Bus)
Work Order #: 0144973
Address: 1600 7th St
Santa Monica, CA - 90401
Date Requested: 3/5/2025
Attention: David Nanjo Requested by: David Hernandez
Title: Transit Maintenance Administrator
Phone: 310-458-1975 x2387
Email: [email protected]
Note: A copy of the Purchase Order related to the items below MUST be received by Trapeze Software Group, Inc. (“Trapeze”) prior to the performance of any services.  Work Order will be billed as described in the attached Statement of Work (Attachment 1).  By signing below and/or returning a Purchase Order related to this Work Order, the Client acknowledges and agrees that the provision of the services specified herein shall be governed by the terms of the contract between Trapeze and the Client with regards to the product(s) to which the services relate. The Client specifically acknowledges and agrees that any terms and conditions received by Trapeze at any time from the Client including, but not limited to, Purchase Order terms and conditions, are for administrative purposes only and shall not amend, alter, supplement, or supersede the terms of the contract between Trapeze and the Client.
 For purposes of this Work Order, electronic or PDF signatures shall constitute a valid, binding commitment between Trapeze and the Client.
 The Work Order is not accepted until confirmed by Trapeze Software Group, Inc. (Signature follows this page)
Product Total Cost
EAM - Health Check and Upgrade Training Services
$37,356
EAM - Health Check and Upgrade Training Expenses
$5,625
Total
$42,981

4.E.c
Packet Pg. 257 Attachment: EAM Health Check Quote (6961 : Asset Management System Maintenance Agreement) 5265 Rockwell Drive NE Cedar Rapids, Iowa 52405 US|[email protected] Trapeze Software Group, Inc. City of Santa Monica – Santa Monica Municipal Bus Lines (Big Blue Bus)
Contact Name
Title
Date: Date:

4.E.c
Packet Pg. 258 Attachment: EAM Health Check Quote (6961 : Asset Management System Maintenance Agreement) 5265 Rockwell Drive NE Cedar Rapids, Iowa 52405 US|[email protected] Attachment 1
Statement of Work

4.E.c
Packet Pg. 259 Attachment: EAM Health Check Quote (6961 : Asset Management System Maintenance Agreement) Submitted by:

David Hernandez, Customer Care
Manager
Tel: 647-248-2783
[email protected]
m
City of Santa Monica – Santa Monica Municipal Bus Lines (“Big Blue Bus”)
Health Check and Upgrade Training Services
Statement of Work
March 5, 2025

4.E.c
Packet Pg. 260 Attachment: EAM Health Check Quote (6961 : Asset Management System Maintenance Agreement) www.trapezegroup.com Confidential – Not to be Disclosed Table of Contents Table of Contents
Section 1: Introduction ....................................................................................1 Section 2: Project Methodology Overview.............................................................1 Section 2.1: Project Kick-Off .....................................................................................................1 Section 2.2: Health Check Services..............................................................................................1 Section 2.3: EAM Upgrade Training ..............................................................................................2 Section 3: Responsibilities ................................................................................3 Section 4: Project Duration...............................................................................3 Section 5: Professional Services Personnel............................................................3 Section 6: Project Assumptions ..........................................................................5 Section 7: Exhibit A-1: Project Budget .................................................................5 Section 7.1: Baseline Services....................................................................................................5

4.E.c
Packet Pg. 261 Attachment: EAM Health Check Quote (6961 : Asset Management System Maintenance Agreement) www.trapezegroup.com Confidential – Not to be Disclosed Introduction l Page 1 Section 1: Introduction
Big Blue Bus has requested Trapeze to perform an EAM Health Check and Upgrade Training Services. The Health Check will review their current operational use of EAM and provide recommendations to optimize their use of the system. The upgrade training will be performed after Big Blue Bus upgrades from v22 to the latest version of EAM and focus on training for new features available in the upgraded version. The health check will be performed prior to the upgrade training. Big Blue Bus must be upgraded to the latest version in their test environment prior to the upgrade training being conducted.

The purpose of this document is to provide Big Blue Bus with a quote and statement of work for services to be delivered. This document outlines the project services to be provided by Trapeze, as well as the support required from Big Blue Bus staff and resources.

Section 2: Project Methodology Overview
Section 2.1: Project Kick-Off
Trapeze will conduct a remote project kick-off meeting. The objective of the project kick-off meeting is to introduce the team, review requirements, project scope, roles and responsibilities, key risks, and the preliminary project schedule.

After the meeting, Trapeze will revise the project tasks associated with the EAM health check and upgrade training and will be responsible for updating and maintaining the project schedule as necessary. Trapeze will provide the revised schedule to the Big Blue Bus project manager.

Section 2.2: Health Check Services
Trapeze and Big Blue Bus will hold a remote project kick-off meeting to align stakeholders on project scope and timelines, as well as review roles, responsibilities, key risks, and preliminary project schedule. Project teams from both Trapeze and Big Blue Bus are expected to attend the kick-off meeting. The health check will focus on the following areas:
 Parts Management
 Warranties
 Inventory Tracking
 MobileFocus Work Orders
 State of Good Repair
Trapeze will provide a resource for up to three (3) days on-site to perform a health check to assess Big Blue Bus current use of the Trapeze EAM software. The health check will focus on current software usage while considering best practices and feature adoption.

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Packet Pg. 262 Attachment: EAM Health Check Quote (6961 : Asset Management System Maintenance Agreement) www.trapezegroup.com Confidential – Not to be Disclosed Project Methodology Overview l Page 2 The health check agenda will be discussed and agreed upon between Trapeze and Big Blue Bus prior to the on-site trip. Trapeze will conduct on-site interviews with several identified key Big Blue Bus, stakeholders and discuss the current use of the EAM system, to understand the staff’s short-, medium-, and long-range goals. Trapeze will use the interviews to gauge the reported use of EAM to meet these goals.

Trapeze will also meet with other representatives from Big Blue Bus organization to discuss and review their use of the EAM Software. Trapeze will facilitate discussions focused on business practices and coding conventions within EAM and address both asset management and technical (or system) issues.

Health Check Report
A final written report will be prepared remotely and will summarize all activities performed while on-site, as well as any system/configuration changes that were applied. Additional recommendations to improve the EAM system performance with respect to goals and best practices will also be included and will provide suggestions on estimated timelines required to bring Big Blue Bus’s EAM system to an optimal configuration. Trapeze will provide the report within ten (10) business days after the on-site trip is completed. Big Blue Bus will be responsible for tracking and actioning all recommendations and suggested next steps.

Implementation of recommendations is not covered under this scope of work. Big Blue Bus may request Trapeze to provide a quote for services through the change order process.

Should any product defects be identified during the health check, they will be addressed through Trapeze’s long-term maintenance program. Support with executing any recommendations or suggested next steps will not be covered under this engagement or by the standard maintenance program, however, these items can be addressed via a new scope of work.

Big Blue Bus will have the opportunity to review the report and inform Trapeze of the recommendations they want assistance with implementing based on estimated operational impact/benefits, cost, and effort. Following the selection of the recommendations, Trapeze will work with Big Blue Bus to document any services to be provided in an associated statement of work. Prior to the delivery of the final report, Trapeze will schedule a meeting with Big Blue Bus SMEs to review the recommendations.

Section 2.3: EAM Upgrade Training
Big Blue Bus is upgrading their current instance of EAM from version 22 to the current version.

Trapeze will provide training on the new features of EAM. Big Blue Bus must be upgraded to the latest version in the test environment prior to the training being conducted.

Trapeze will hold onsite upgrading training for up to three and a half (3.5) days, with up to one (1) resource. The training is to address new features in the upgraded version and focus on the below areas, however, specific topics will be agreed upon during the project kickoff meeting.

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Packet Pg. 263 Attachment: EAM Health Check Quote (6961 : Asset Management System Maintenance Agreement) www.trapezegroup.com Confidential – Not to be Disclosed Responsibilities l Page 3  Supervisor Training
 Technician Training – including MobileFocus
 Material Management and Inventory Control
 Warranty Processing
 State of Good Repair
Each training class will be held for a maximum of ten (10) trainees. Big Blue Bus is responsible for providing a classroom to conduct the training, and each trainee have access to a laptop or computer throughout the training.

Section 3: Responsibilities
Activity Trapeze
Responsibilities Big Blue Bus Responsibilities
Health Check
 Perform on-site
health check
sessions
 Prepare and finalize
Health Check Report
 Review report with
Big Blue Bus
 Highlight existing knowledge gaps and
identify current challenges
 Ensure SMEs are available and attend
solution health check sessions
 Discuss and review findings in Health
Check Report
Upgrade Training
 Provide training
services on topics
agreed upon with
Big Blue Bus
 Ensure trainees attend and participate in
training activities
 Provide classroom and individual
computers/laptops for trainees
Section 4: Project Duration
This project is expected to be completed within two (2) months from the scheduled project kick off. Following contract execution, a mobilization period of up to forty-five (45) days may be required to kick off the project and align all resources Trapeze will work to minimize this mobilization period through proactive planning with Big Blue Bus.

If the length of the project exceeds the project duration, either due to either party delays, a change order may be required to fund the extension.

Section 5: Professional Services Personnel
To ensure successful completion of this project, Trapeze will utilize the following professional services personnel:

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Packet Pg. 264 Attachment: EAM Health Check Quote (6961 : Asset Management System Maintenance Agreement) www.trapezegroup.com Confidential – Not to be Disclosed Professional Services Personnel l Page 4  Implementation Consultant(s): The primary technical point(s) of contact supporting the training of the Software.

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Packet Pg. 265 Attachment: EAM Health Check Quote (6961 : Asset Management System Maintenance Agreement) www.trapezegroup.com Confidential – Not to be Disclosed Project Assumptions l Page 5 Section 6: Project Assumptions

1. This project is a fixed fee engagement.

2. A mobilization period of up to forty-five (45) days may be required to kick-off the project and align all resources. Trapeze will work to minimize this mobilization period through proactive planning with Big Blue Bus

3. Services have not been included for the configuration of any environments.

4. All Software will take advantage of the existing Trapeze infrastructure, data sources unless otherwise stated.

5. It is expected that Big Blue Bus subject matter experts will be readily available for the on-site health check, general consulting, and training sessions.

6. Big Blue Bus must be upgraded from v22 to the latest EAM version, in their test environment prior to the upgrade training being conducted.

7. Expenses assume a minimum of two weeks' notice is provided by Big Blue Bus to Trapeze in advance of any on-site trip being scheduled. Expenses are subject to additional charges if insufficient notice is provided.
a. The delivery of on-site services is conditional on the guidance of the latest travel and health advisories issued by relevant authorities, as well as appropriate workplace safety precautions being implemented at Big Blue Bus.

Trapeze and Big Blue Bus may opt to exercise alternate remote options if onsite services are not feasible. b. In the event of travel restrictions due to COVID-19 (or alike situation) Trapeze and Big Blue Bus will work together to progress the project remotely and agree upon a revised timeline. This change would not impact the cost of the project.

8. Pricing is valid until June 30, 2025.

Section 7: Exhibit A-1: Project Budget
Section 7.1: Baseline Services
The following project budget includes all services required for the baseline project as outlined in this statement of work:

Item Description Cost (USD)
1 Health Check and Upgrade Training Services $37,356
2 Health Check and Upgrade Training Expenses $5,625
Total $42,981

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Packet Pg. 266 Attachment: EAM Health Check Quote (6961 : Asset Management System Maintenance Agreement) www.trapezegroup.com Confidential – Not to be Disclosed Exhibit A-1: Project Budget l Page 6 Payment Milestones
The below payment milestones shall be followed throughout the project.

Milestone Description Acceptance Criteria % of Contract Value 1 Health Check Services Delivery of Health Check Report 50% of Services and Expenses
2 Upgrade Training Services Completion of Upgrade Training 50% of Services and Expenses

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Packet Pg. 267 Attachment: EAM Health Check Quote (6961 : Asset Management System Maintenance Agreement) www.trapezegroup.com Confidential – Not to be Disclosed Exhibit A-1: Project Budget l Page 7 Thank you for taking the
time to review this
proposal. Please reach out
to us with any questions or
comments. Your feedback
is always appreciated.

Here for the journey is more than our
tagline – It’s our commitment to you.

Our value is in our ability to address
your needs and please your riders. We
always strive to do both.

4.E.c
Packet Pg. 268 Attachment: EAM Health Check Quote (6961 : Asset Management System Maintenance Agreement)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

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

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

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

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

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

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Packet Pg. 269 Attachment: Trapeze Oaks (6961 : Asset Management System Maintenance Agreement)

CITY OF SANTA MONICA

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 #
Directors: Mark Miller, William Robert Delaney, Robert Peter Clay; Officers: Mark Miller (CEO), Geoff Allan (CFO), William Robert Delaney (President), Mark Paciocco (Secretary), Brian Beattie (Treasurer), Rod Jones (General Manager)

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Packet Pg. 270 Attachment: Trapeze Oaks (6961 : Asset Management System Maintenance Agreement) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

Code Regs. Section 18438.1, which states:

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards/
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 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: _________________________________ 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.

4.E.e
Packet Pg. 271 Attachment: Trapeze - Levine Act Disclosure Form 2025 (6961 : Asset Management System Maintenance Agreement) City of Santa Monica Levine Act Disclosure Form
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.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUEAND CORRECT.

Signed: ____________________________ Date: __April 14, 2025_______ 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. 272 Attachment: Trapeze - Levine Act Disclosure Form 2025 (6961 : Asset Management System Maintenance Agreement) City Council
Report
City Council Meeting: April 22, 2025
Agenda Item: 4.F
1 of 3
To: Mayor and City Council
From: Arminé Chaparyan, Director, Administration
Subject: Adoption of a Resolution Approving Final Parcel Map No. 84472 for the Subdivision of 2122 Navy Street
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Statutory Exemption (Approval of Final Subdivision Map) pursuant to Section 15268(b)(3) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Adopt the attached resolution approving Final Parcel Map No. 84472.

Executive Summary
This report transmits for City Council approval a Final Parcel Map for the project located at 2122 Navy Street. The Tentative Parcel Map was approved ministerially on July 23, 2024, and revised on March 24, 2025. A timely filing of the Final Map was made to the County or City prior to the Map’s expiration date. According to Section 66452.6(d) of the Subdivision Map Act, once a timely filing is made to the County or City, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording of a map, may lawfully occur after the map’s expiration date.

PARCEL MAP ADDRESS SUBDIVIDER Parcels
84472 2122 Navy Street Alex Howell 2
The following table provides a summary of the project:

Zoning District Single Unit Residential (R1)
Original Parcel Area / Dimensions 7,250 SF
Resulting Parcel Area / Parcel 1: 3,250 SF / 50’ W x 85’ D

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Dimensions Parcel 2: 3,000 SF / 50’ W x 60’ D
Existing On-Site Improvements
(Year Built)
Single-Unit Dwelling - 1952
Rent Control Status Exempt
Historic Resources Inventory
Status
N/A
SMMC Chapter 9.64, Affordable
Housing Production Program
Exempt pursuant to SMMC Section

9.31.125(I)(1)
SMMC Chapter 9.65, Childcare
Linkage Program
N/A
SMMC Chapter 9.66,
Transportation Impact Fee
Program
N/A
SMMC Chapter 9.67, Parks &
Recreation Development Impact
Fee Program
N/A
Discussion
Senate Bill 9 (SB 9) was signed by Governor Newsom on September 16, 2021, and became effective on January 1, 2022. SB 9 requires a local agency to ministerially approve housing developments containing no more than two residential units and subdivisions of existing parcels into two new parcels within single-unit residential zoning districts if the proposed project meets certain requirements (e.g.: location limitations, displacement protections, new parcel size minimums, 4’ side and rear setbacks). As part of the City’s certified 6th Cycle Housing Element and to meet the goal of Affirmatively Furthering Fair Housing Program, Housing Element Program 4.E expanded the development potential under SB 9 on parcels greater than 10,000 SF to allow the establishment of more than four units, inclusive of Accessory Dwelling Units (ADUs). On April 11, 2023, the City Council adopted Santa Monica Municipal Code (SMMC) Section 9.31.125, Duplexes and Lot Splits on Parcel Zoned for Single-Unit Residential, to locally implement SB 9 and Housing Element Program 4.E.

A Tentative Parcel Map application (24ENT-0097) was submitted to the City Planning Division on June 3, 2024, to create two residential parcels pursuant to SMMC Section

9.31.125, Duplexes and Lot Splits on Parcel Zoned for Single-Unit Residential, within the Single-Unit Residential (R1) zoning district. Pursuant to 9.31.125(C), the Tentative

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Parcel Map was ministerially approved on July 23, 2024. The Tentative Parcel Map was revised to show an updated 4-foot easement and was ministerially approved on March 24, 2025. The ministerial approval was based on compliance with all applicable standards and requirements of State and local laws and regulations. The Final Map conforms to the Tentative Map.

The Final Map has been approved by the Los Angeles County Engineer’s office and certified by the City Engineer for conformance with the Tentative Map and conditions thereon, the Subdivision Map Act and local ordinances. The City Engineer’s office indicates that there are no required off-site public improvements.

Environmental Review
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) of the CEQA Guidelines, which exempts ministerial projects, including approval of final subdivision maps.

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

Prepared By: Liku Abera, Associate Planner
Approved Forwarded to Council
Attachments:

A. Senate Bill 9 (Web Link)
B. Senate Bill 9 (PDF)
C. 25ENT-0048 (2122 Navy Street) Final Map Resolution

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1 City Council Meeting: April 22, 2025 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
THE FINAL SUBDIVISION MAP FOR PARCEL NO. 84472
TO SUBDIVIDE A PROPERTY AT 2122 NAVY STREET
WHEREAS, on March 24, 2025, the tentative parcel map to create two residential parcels was ministerially approved for the parcel located at 2122 Navy Street; and WHEREAS, a timely filing of a final parcel map was made to the County of Los Angeles prior to expiration of the vesting tentative parcel map; and WHEREAS, pursuant to Section 66452.6(d) of the Government Code, if a timely filing of a final parcel map is made to the City or County, then the City may process, approve, and record a final parcel map after the expiration of the vesting tentative parcel map; and
WHEREAS, the final parcel map conforms to the tentative parcel map; and WHEREAS, the City Council finds that the proposed subdivision is consistent with the applicable general and specific plans.

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

SECTION 1. The Final Map for Parcel No. 84472 in the City of Santa Monica is hereby accepted and approved.

4.F.c
Packet Pg. 276 Attachment: 25ENT-0048 (2122 Navy Street) Final Map Resolution [Revision 1] (7019 : Adoption of a Resolution Approving Final Parcel Map for 2 SECTION 2. The City Clerk is hereby authorized and directed to endorse upon the face of said Map this order authenticated by the Seal of the City of Santa Monica.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

4.F.c
Packet Pg. 277 Attachment: 25ENT-0048 (2122 Navy Street) Final Map Resolution [Revision 1] (7019 : Adoption of a Resolution Approving Final Parcel Map for City Council
Report
City Council Meeting: April 22, 2025
Agenda Item: 4.G
1 of 2
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Nikima Newsome, City Clerk, Records & Elections Services Department Subject: Adoption of a Resolution Amending the City’s Conflict of Interest Code to Add Three City Commissions as Designated Positions Required to File Statements of Economic Interest
Recommended Action
Staff recommends the Council:

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

2. Adopt the Resolution amending the City’s Conflict of Interest Code.

Summary
The City updated its Conflict of Interest Code in September 2024. Since that time, three new commissions have been identified whose members are subject to Statement of Economic Interest (Form 700) filing requirements. The Conflict of Interest Code is being amended to identify those commissioners as designated positions required to file Statements of Economic Interest. The new positions are the citizen representative of the Investment Committee, members of the Measure GS Resident Oversight Committee, and members of the Transit Security Advisory Committee. All will be designated as Category 6 filers, meaning they must disclose all investments, business positions, and sources of income which are subject to the regulatory, permit or licensing authority of the Commission on which they serve.

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

Prepared By: Katie Doerr, Deputy City Attorney III
Approved Forwarded to Council
Attachments:

A. COI-Reso

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1 City Council Meeting: April 22, 2025 Santa Monica, California RESOLUTION NUMBER _____ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA REPEALING RESOLUTION NUMBER 11611 (CCS) AND AMENDING THE CITY'S CONFLICT OF INTEREST CODE TO REVISE

THE DESIGNATED POSITIONS FOR WHICH STATEMENTS OF ECONOMIC

INTEREST ARE REQUIRED TO BE FILED
WHEREAS, the Political Reform Act, Government Code Sections 81000 et seg., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, on February 26, 1985, the City Council of the City of Santa Monica adopted Resolution Number 6978 (CCS) which established the Conflict of Interest Code for the City of Santa Monica by incorporating the provisions of 2 California Administrative Code Section 18730; and
WHEREAS, on March 26, 1996, the City Council adopted Resolution Number 9009 (CCS) which revised the City's Conflict of Interest Code to reflect changes in the law and to update the list of positions for which Statements of Economic Interest are required to be filed ("designated positions") and the financial disclosure categories for each designated position; and WHEREAS, the City Council has regularly revised the City's Conflict of Interest Code to reflect changes in the City’s organizational structure, properly identify all officials and employees who should be filing Form 700, and to update the list of designated positions and the financial disclosure categories for each designated position, most recently in September 2024; and WHEREAS, it is now necessary to update Exhibit 1 to Resolution Number 11611 (CCS), which contains the list of designated positions subject to the Conflict of Interest Code to add three new City commissions.

4.G.a
Packet Pg. 280 Attachment: COI-Reso (7036 : Conflict of Interest Code Reso) 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. Resolution Number 11611 (CCS) is hereby repealed in its entirety.

SECTION 2. The City's Conflict of Interest Code shall consist of the provisions of Cal.

Gov. Code 87302 (the "Code") and Exhibits 1 and 2 attached to this Resolution, all of which documents are hereby incorporated by reference.

SECTION 3. Any future amendments to the City's Conflict of Interest Code, including, but not limited to, amendments to the designated positions list or to the financial disclosure categories, shall be made by resolution duly adopted by the City Council of the City of Santa Monica.

SECTION 4. Pursuant to the Code, any person holding a designated position, including any person holding a designated position in any acting capacity, shall file a Statement of Economic Interest with the City Clerk. Additionally, any person hired for a position or appointed to a position not covered by the Code, who makes or participates in making a governmental decision shall file a Statement of Economic Interest. The City Council hereby delegates to the City Clerk the authority to carry out the duties of filing officer.

SECTION 5. Pursuant to the Code, all persons assuming or leaving designated positions must file Statements of Economic Interest within thirty (30) days after assuming or leaving the designated position.

SECTION 6. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
________________________
Douglas Sloan, City Attorney

4.G.a
Packet Pg. 281 Attachment: COI-Reso (7036 : Conflict of Interest Code Reso) 3 EXHIBIT 1
Effective April 2025

DESIGNATED POSITIONS DISCLOSURE

CATEGORIES
(See attached EXHIBIT 2
for category definitions)
City Attorney
City Attorney *
Special Counsel/Chief of Staff Category 1
Deputy City Attorney I/II/III/IV Category 1
Consumer Affairs Specialist Category 1
Chief Deputy City Attorney Category 1

City Manager
City Manager *
Assistant City Manager/Chief Operating Officer Category 1 Assistant to the City Manager Category 1
Deputy City Manager Category 1
Emergency Services Administrator Category 2, 3
Communications and Public Information Manager Category 1 Chief Resilience Officer Category 1
Communications & Marketing Coordinator Category 2, 3
Public Information Officer Category 1
Marketing Manager Category 2
Public Safety Dispatch Administrator Category 2, 3
Special Asst to the City Manager - Equity and Community Recovery
Category 2, 3
Public Safety Dispatch Supervisor Category 2, 3
Equity and Inclusion Manager Category 1
Community Partnerships Manager Category 1
Equity and Communications Coordinator Category 2

Community Development
Director of Community Development Category 1
Building Officer Category 3, 4
Building Official Category 3, 4
Code Enforcement Manager Category 3, 4
Code Enforcement Supervisor Category 3, 4
Lead Combination Building Inspector Category 3, 4
Combination Building Inspector I/II/III Category 3, 4
Code Enforcement Officer I/II/III Category 3, 4
Inspection Supervisor Category 3, 4
Permit Services Administrator Category 3, 4
Plans Examiner I/II/III Category 3, 4
Plan Check Supervisor Category 3, 4
Principal Plan Check Engineer Category 3, 4
Senior Plan Check Engineer Category 3, 4
Planning Manager Category 3, 4
Principal Planner Category 3, 4
Senior Planner Category 3, 4
Associate Planner Category 3, 4
Assistant Planner Category 3, 4
Environmental Planner Category 3, 4
Lead Code Enforcement Officer Category 3, 4
Administrative Analyst Category 3, 4

4.G.a
Packet Pg. 282 Attachment: COI-Reso (7036 : Conflict of Interest Code Reso) 4 Senior Administrative Analyst Category 3, 4
Principal Administrative Analyst Category 3, 4
Assistant Plan Check Engineer Category 3, 4
Pier and Beach Administrator Category 1
Farmers Market Manager Category 3, 4
Farmer’s Market Coordinator I/II Category 3
Senior Development Analyst Category 3
Economic Development Manager Category 1
Administrative Services Officer Category 3, 4
Design & Historic Preservation Planner Category 3, 4
Economic Development Administrator Category 3, 4

Department of Transportation
Director, Department of Transportation Category 1
Asst. Director of Transportation Category 1
Chief Operations Officer Category 1
Transit Chief Administrative Officer Category 1
Chief Planning Officer Category 2, 3
Administrative Services Officer Category 2
Transit Maintenance Administrator Category 2, 3
Transit Maintenance Superintendent Category 2
Transit Facilities Maintenance Supervisor Category 2
Transit Operations Superintendent Category 2
Transit Planning and Performance Manager Category 2
Strategic Transit Planner Category 3, 4
Transit Planner Category 3, 4
Transit Government Relations Officer Category 2
Transit Finance & Grants Manager Category 2
Senior Administrative Analyst Category 2
Senior Administrative Analyst – Transit Grants Category 2, 3 Transit Mechanic Supervisor Category 2
Transit Safety and Training Manager Category 2
Transit Training Supervisor Category 2
Transit Safety Officer Category 2
Procurement Supervisor Category 2
Community Engage & Cust Experience Manager Category 2
Community Engagement Administrator Category 2
Customer Service Supervisor Category 2
Motor Coach Operator Supervisor Category 2
Motor Coach Cleaner Supervisor Category 2
Customer Experience & Innovation Administrator Category 2 Mobility Manager Category 2
Principal Transportation Planner Category 3, 4
Senior Transportation Planner Category 3, 4
Transportation Planning Associate Category 3, 4
Principal Traffic Manager Category 2
Transportation Engineer Category 3, 4
City Traffic Engineer Category 2
Principal Traffic Engineer Category 2
Traffic Operations Supervisor Category 2
Lead Traffic Signal Technician Category 3, 4
Traffic Signal Technician Category 3, 4
Transportation Demand Program Manager Category 2
Parking Manager Category 2
Principal Administrative Analyst Category 2
Human Resources Manager Category 1

4.G.a
Packet Pg. 283 Attachment: COI-Reso (7036 : Conflict of Interest Code Reso) 5 Senior Human Resources Analyst Category 3
Warehouse Supervisor Category 2

Finance
Director of Finance (Controller/City Treasurer Category 1 Assistant City Treasurer Category 1
Billing Supervisor Category 2
Budget Manager Category 1
Senior Budget Analyst Category 2
Senior Buyer Category 2
Accounts Payable Supervisor Category 2
Senior Administrative Analyst Category 2
Treasury Administrator Category 2, 3
Payroll Analyst II Category 2
Senior Revenue Collections Assistant Category 2, 3
Treasury Operations Supervisor Category 2, 3
Risk Manager Category 1
Liability Claims Adjuster Category 1
Workers’ Compensation Claims Examiner Category 1
Business License Administrator Category 1
Financial Operations Manager Category 1
Principal Budget Analyst Category 2
Financial Reporting and Systems Administrator Category 2 Payroll Administrator Category 2
Budget Analyst Category 2
Principal Administrative Analyst Category 2
Procurement Manager Category 1
Financial Reporting Administrator Category 2
Principal Buyer Category 2

Fire Fire Chief Category 1, 2, 6
Deputy Fire Chief Category 1, 2, 6
Fire Facilities and Maintenance Coordinator Category 2, 3, 4 Fire Captain, Prevention Category 1
Fire Captain, Suppression Category 1
Fire Engineer – Suppression Category 1
Fire Inspector Category 1
Fire Marshal Category 1, 3, 4, 5
Assistant Fire Marshal Category 1
Assistant Fire Marshal – Hazardous Materials Category 1 Battalion Chief – Prevention Category 1
Battalion Chief – Suppression Category 1
Principal Administrative Analyst Category 1, 3
Senior Administrative Analyst Category 1, 3
Fire Prevention Coordinator Category 2, 3, 4

Housing and Human Services
Director of Housing and Human Services Category 1
Administrative Analyst Category 3
Administrative Services Officer Category 3
Community Services Program Supervisor Category 2, 3
Housing Administrator – Housing Authority Category 2
Housing Administrator – Production and Preservation
Category 2
Housing Manager Category 1
Human Services Administrator Category 2

4.G.a
Packet Pg. 284 Attachment: COI-Reso (7036 : Conflict of Interest Code Reso) 6 Human Services Manager Category 1
Policy and Performance Analyst Category 3
Principal Administrative Analyst Category 3
Principal Community Services Supervisor Category 3, 4
Senior Administrative Analyst Category 3, 4
Senior Development Analyst Category 3, 4
Senior Human Services Analyst Category 3, 4

Human Resources
Director of Human Resources Category 1
Human Resources Manager Category 1
Administrative Services Officer Category 3
Senior Human Resources Analyst Category 3

Information Systems
Chief Information Officer Category 1
Administrative Services Officer Category 2, 3
Community Broadband Administrator Category 2, 3
Infrastructure & Cloud Services Manager Category 2, 3
Customer Experience and Support Manager Category 2, 3
Enterprise Architect and Digital Development Manager
Category 2
Information Security Officer Category 2, 3
Principal Business Process Technology Analyst Category 2, 3

Library
Director of Library Services/City Librarian Category 1
Assistant City Librarian Category 1
Library Services Officer Supervisor Category 1
Principal Librarian – Collections, Technology and Patron Services Category 1
Principal Librarian – Community Engagement & Programming Category 1
Principal Librarian – Branch and Neighborhood Services
Category 1
Principal Administrative Analyst Category 2

Police
Police Chief Category 1, 2, 6
Deputy Police Chief Category 1, 2, 6
Police Captain Category 1, 2, 6
Police Lieutenant Category 1, 2, 6
Principal Administrative Analyst Category 1, 2
Public Records Administrator Category 1, 2
Public Information Coordinator Category 1, 2
Public Records Supervisor Category 2, 3
Public Services Administrator Category 2, 3
Public Services Administrator – Forensics Category 1, 2 Public Services Administrator – Jail Category 1, 2
Public Services Officer Supervisor Category 2, 3
Forensic Supervisor Category 1
Animal Control Supervisor Category 1
Property/Evidence Supervisor Category 1
Traffic Services Supervisor Category 1
Pier and Harbor Services Supervisor Category 1

4.G.a
Packet Pg. 285 Attachment: COI-Reso (7036 : Conflict of Interest Code Reso) 7 Crossing Guard Supervisor Category 2, 3
Custody Officer Supervisor Category 2, 3

Public Works
Director of Public Works Category 1
Assistant Director of Public Works Category 1
Chief Operations Officer Category 1
Chief Operations Officer – Airport Director Category 1
Administrative Services Officer Category 2, 3
Principal Administrative Analyst Category 2, 3
Senior Administrative Analyst Category 2, 3
CIP Project Manager Category 1, 2, 4
City Engineer Category 1, 2, 4
Civil Engineer Category 1, 2, 4
Civil Engineering Assistant Category 1, 3, 4
Engineering Support Services Administrator Category 2, 3 Principal Civil Engineer Category 1, 2, 4
Principal Design and Planning Manager Category 1, 3, 4
Senior Design Manager Category 1, 3, 4
Senior Construction Manager Category 3, 4
Senior Civil Engineer Category 1, 3, 4
Senior Public Works Inspector Category 3
Street Services Supervisor Category 2
Custodial Services Administrator Category 2
Custodial Supervisor Category 2
Facilities Services Administrator Category 2, 3
Facilities Supervisor Category 2
Fleet Maintenance Superintendent Category 2, 3
Fleet Maintenance Supervisor Category 2
Resource Recovery and Recycling Manager Category 1, 5
Resource Recovery and Recycling Administrator Category 2, 5 Resource Recovery and Recycling Collections Superintendent Category 2, 3
Resource Recovery and Recycling Supervisor Category 2
Cemetery Administrator Category 2
Water Utilities Manager Category 1
Water/Wastewater Administrator Category 2, 3
Wastewater Supervisor Category 3, 4
Water Production and Treatment Administrator Category 2, 3 Water Production/Treatment Plant Supervisor Category 3, 4 Water Distribution Supervisor Category 3, 4
Public Landscape Administrator Category 2, 3
Public Landscape Manager Category 2, 3
Urban Forest Supervisor Category 2, 3
Beach Maintenance Supervisor Category 3, 4
Parks Maintenance Supervisor Category 3, 4
Promenade Maintenance Supervisor Category 3, 4
Street Services Superintendent Category 1
Chief Sustainability Officer Category 2, 3
Capital Program Manager Category 1

Records and Election Services
Director of Records and Election Services (City Clerk) Category 1 Assistant Director of Records and Election Services Category 1 Deputy City Clerk Category 1

4.G.a
Packet Pg. 286 Attachment: COI-Reso (7036 : Conflict of Interest Code Reso) 8 Administrative Analyst Category 1
Support Services Supervisor Category 2

Recreation and Arts Department
Director of Recreation and Arts Category 1
Administrative Analyst Category 3
Administrative Services Officer Category 1
Aquatic Site Supervisor Category 3, 4
Beach House Venue Manager Category 2
Beach House Manager Category 1
Beach Recreation Supervisor Category 3, 4
Community Services Program Supervisor Category 2, 3
Cultural Affairs Administrator Category 2
Cultural Affairs Manager Category 2
Cultural Affairs Supervisor Category 3, 4
Community Recreation Administrator Category 2
Community Recreation Manager Category 1
Principal Community Services Supervisor Category 2, 3
Senior Administrative Analyst Category 3, 4

Rent Control
Rent Control Administrator Category 1
General Counsel Category 1
Senior Litigation Attorney Category 1
Staff Attorney II Category 1
Hearing Officer I/II Category 1
Hearings Manager Category 1
Public Information Manager Category 1
Budget Office Coordinator Category 2

City Council, Boards and Commissions
Airport Commission Members Category 6
Animal Shelter Foundation Category 6
Architectural Review Board Members Category 6
Arts Commission Members Category 6
Building and Fire Life Safety Commission Category 6
City Council Members *
Commission on Sustainability, Environmental Justice, and the Environment Members Category 6
Disabilities Commission Members Category 6
Housing Commission Members Category 6
Human Services Commission Members Category 6
Landmarks Commission Members Category 6
Library Board Members Category 6
Clean Beaches & Ocean Parcel Tax Citizens Oversight
Committee Members
Category 6
Personnel Board Members Category 6
Planning Commission Members *
Public Safety Reform and Oversight Commission Members
Category 6
Recreation and Parks Commission Members Category 6
Rent Control Board Members Category 6****
Santa Monica Audit Subcommittee Category 6
Social Services Commission Members Category 6
Housing Authority Board (Tenant Commissioners) Category 6 Transient Occupancy Tax Advisory Committee Members

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Packet Pg. 287 Attachment: COI-Reso (7036 : Conflict of Interest Code Reso) 9 Category 6
Urban Forest Task Force Members Category 6
Investment Committee (citizen representative) Category 6 Measure GS Resident Oversight Committee Category 6
Transit Security Advisory Committee Category 6

“Acting Positions” Subject to the same
disclosure requirements
as the applicable
designated position in
which the person is
“acting.”

Consultants** Category 1
Non-Profit Public Benefit Corporations
Downtown Santa Monica, Inc. ***
Santa Monica Pier Corporation ***
Santa Monica Travel and Tourism, Inc. ***

* Disclosure obligations for these designated positions are set forth in Government Code Section 87200 et seq. These positions are designated in this Conflict of Interest Code solely for disqualification purposes. ** Consultants performing the duties of any designated position shall be required to file Statements of Economic Interest disclosing interests in the categories assigned to the designated position.

In addition, consultants who, under contract, participate in decisions which affect financial interests by providing information, advice recommendation or counsel to the City and possess decision making authority which could affect financial interests shall be required to file Statements of Economic Interest disclosing reportable interests as determined by the City Manager. *** These corporations have their own conflict of interest codes and are not subject to the City’s conflict of interest code. Disclosure statements of designated positions in these corporations must be fid with the City Clerk of the City of Santa Monica.
**** Pursuant to the Rent Control Board Charter Section 1803(c), candidates for the position of commissioner shall submit a verified statement listing all of their interests and dealings in real property, including but not limited to its ownership, sale, or management, during the previous three years.

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Packet Pg. 288 Attachment: COI-Reso (7036 : Conflict of Interest Code Reso) 10 EXHIBIT 2
General Provisions
When a designated employee is required to disclose investments and sources of income, he/she need only disclose investments in business entities and sources of income which do business in the jurisdiction, plan to do business in the jurisdiction or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. When a designated employee is required to disclose interests in real property, he/she need only disclose real property which is located in whole or in part within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency.

Designated employees shall disclose their financial interests pursuant to the appropriate category as indicated in Exhibit 1.

Disclosure
Categories
Category 1: Persons in this category shall disclose: Investments, business positions, and income from sources located in or doing business in the jurisdiction and interests in real property located in Santa Monica, including property located within a two- mile radius of any property owned or used by the City of Santa Monica.

Category 2: Persons in this category shall disclose: Investments, business positions, and sources of income of the type which manufacture, sell or provide services, supplies, materials, books, machinery or equipment of the type utilized by the employee's department.

Category 3: Persons in this category shall disclose: Investments, business positions, and sources of income of the type which are subject to the regulatory, permit or licensing authority of the employee's department.

Category 4: Persons in this category shall disclose: Investments, business positions, and sources of income of the type which engage in land development, construction or the acquisition or sale of real property, and interests in real property located within Santa Monica, including property located within a two-mile radius of any property owned or used by the City of Santa Monica.

Category 5: Persons in this category shall disclose: Investments and business positions and sources of income of the type which manufacture, sell or provide supplies, materials, machinery, services or equipment utilized by the employee's department, interests in real property located within Santa Monica, including property located within a two-mile radius of any property that is or may be used as a disposal site, transfer

4.G.a
Packet Pg. 289 Attachment: COI-Reso (7036 : Conflict of Interest Code Reso) 11 station or resource recovery facility in which the designated official/employee provides planning or technical assistance or has enforcement branch responsibilities.

Category 6: Persons in this category shall disclose: All investments, business positions and sources of income which are subject to the regulatory, permit or licensing authority of the Board or Commission on which the member serves.

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Packet Pg. 290 Attachment: COI-Reso (7036 : Conflict of Interest Code Reso) City Council
Report
City Council Meeting: April 22, 2025
Agenda Item: 4.H
1 of 2
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of An Ordinance Amending the Text of The Santa Monica Municipal Code by Amending Chapter 13.06, Abatement of Nuisances, to Add New Classes of Violations Which May Be Deemed Public Nuisances, and Amend Chapter 1.09. Administrative Citations, Adding a New Definition of Responsible Party, Making Clear the Requirements for Certain Steps to be Taken to Align With Government Code 53069.4, Defining Required Service Procedures for Administrative Citations, and Providing New Incentives for Violators to Bring Correctable Violations Into Compliance Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on April 8, 2025, the City Council introduced for first reading an Ordinance amending the text of the Santa Monica Municipal Code by amending Chapter 13.06, Abatement of Nuisances, to add new classes of violations which may be deemed public nuisances, and amend Chapter 1.09. Administrative Citations, adding a new definition of responsible party, making clear the requirements for certain steps to be taken to align with Government Code 53069.4, defining required service procedures for administrative citations, and providing new incentives for violators to bring correctable violations into compliance. The ordinance is now presented to the City Council for adoption.

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Packet Pg. 291
2 of 2
Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:

A. CDD-Nusiance Abatement 1.09 and 13.06 2d

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Packet Pg. 292
1 City Council Meeting April 22, 2025 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 1.09.010, 1.09.020,

1.09.120, 13.06.030, 13.06.040, 13.06.050, AND 13.06.090, AND ADDING SECTIONS 1.09.025, 1.09.045, 1.09.170, 13.06.055, 13.06.095, AND 13.06.110

TO THE SANTA MONICA MUNICIPAL CODE
WHEREAS, the City of Santa Monica is committed to protecting its’ residents’, businesses’, and visitors’ health, safety, welfare, and quality of life; and WHEREAS, the City is also committed to preserving aesthetic qualities and charm which enrich residents’ lives and attract visitors; and WHEREAS, effective code enforcement is vital to the effectuation of these commitments; and
WHEREAS, code enforcement is the method by which the City assures that the use of land and the operation of business activity continues to comply with local regulations after permits and licenses have been issued; and WHEREAS, enforcement of this Code and nuisance abatement are matters of local concern and serve important public purposes; and
WHEREAS, California Government Code Section 53069.4 authorizes the legislative body of a local agency to, by ordinance, make any violation of its municipal code subject to an administrative fine or penalty, and to set forth the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review of those administrative fines and penalties, and requires such procedures provide for a reasonable period of time for a person responsible for a continuing violation to

4.H.a
Packet Pg. 293 Attachment: CDD-Nusiance Abatement 1.09 and 13.06 2d (7038 : Nuisance Abatement and Admin Code Ordinance - Second Reading) 2 correct or otherwise remedy the violation prior to imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety; and
WHEREAS, in adopting Government Code 53069.4, the state legislature found that “code enforcement is complex and, therefore, there is a need for many tools, including fines, to help maintain an effective, efficient, and responsive enforcement of codes”; and WHEREAS, this finding is particularly applicable to Santa Monica, as achieving effective code enforcement is complicated by various factors including the City’s unusual density, its age, its diversity of structures, and variety of sometimes conflicting activities and land uses occurring within the City’s eight square miles; and WHEREAS, it is essential to effective and efficient code enforcement that all persons and entities responsible for or contributing to a violation or public nuisance be held accountable and subject to swift administrative enforcement; and WHEREAS, providing persons responsible for code violations that are capable of being ceased, not frequently recurring, and do not pose immediate danger to health or safety, an opportunity to promptly cease the violation and pay a reduced administrative fine both encourages faster compliance and timely payment of fines, thereby reducing the need for further code enforcement and other resources to be expended achieving compliance and recovering fines; and
WHEREAS, setting clear rules regarding the City’s process for providing a reasonable period of time for persons to correct conditions that do not create an immediate danger to health or safety prior to the imposition of administrative fines and

4.H.a
Packet Pg. 294 Attachment: CDD-Nusiance Abatement 1.09 and 13.06 2d (7038 : Nuisance Abatement and Admin Code Ordinance - Second Reading) 3 penalties, delivering administrative citations to persons subject to the citation, and notifying persons who appeal citations of the date, time, location, and outcome of their appeal, serves to inform and benefit the public, administrative enforcement officials and practitioners, and hearing officers; and
WHEREAS, a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to ensure code compliance; and WHEREAS, the City adopts the administrative fine and penalty provisions of this ordinance pursuant to the City’s powers as a charter city and Government Code Section 53069.4; and
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to enact, amend, and enforce ordinances to promote social, economic, or aesthetic considerations and/or that regulate conditions which may be public nuisances or create health hazards; and
WHEREAS, Civil Code Sections 3479 and 3480 define a nuisance as anything that is injurious to health, offensive to the sense, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, and anything that unlawfully obstructs the free passage or use of public spaces and waterways, and a public nuisance as one that affects an entire community or neighborhood, or considerable number of people; and
WHEREAS, Government Code Section 38771 authorizes a city legislative body to declare what constitutes a nuisance by ordinance; and WHEREAS, the City has long regulated public nuisances through administrative, civil, and criminal enforcement; and

4.H.a
Packet Pg. 295 Attachment: CDD-Nusiance Abatement 1.09 and 13.06 2d (7038 : Nuisance Abatement and Admin Code Ordinance - Second Reading) 4 WHEREAS, on February 13, 2024, the City Council directed staff to review the City’s laws and regulations regarding the abatement of public nuisances and propose revisions that include additional definitions of what constitutes a public nuisance; and WHEREAS, including repeat violators of housing, building, and tenant protection codes, and those that engage in nuisance activity in the conduct of their business, in the definition of public nuisances ensures that those responsible for conduct that threatens or harms the health, safety, enjoyment of property, and use of public spaces of a significant number of people are appropriately penalized, that enforcement resources are directed toward those properties and persons negatively affecting larger numbers of people, and that the City has comprehensive remedies to abate such conduct; and WHEREAS, clearly designating the Community Development Department Director as primarily responsible for enforcement of the City’s Public Nuisances code is consistent with the Director’s responsibility for enforcement of other codes contained in Article 13, of the municipal code, but does not limit the City Attorney’s authority to seek appropriate remedies to abate public nuisances, including civil and criminal enforcement actions; and
WHEREAS, setting clear rules regarding notices to persons responsible for committing public nuisances will improve enforcement and efficient abatement of nuisances, benefiting the public; and

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

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Packet Pg. 296 Attachment: CDD-Nusiance Abatement 1.09 and 13.06 2d (7038 : Nuisance Abatement and Admin Code Ordinance - Second Reading) 5 SECTION 1. Section 1.09.010 of the Santa Monica Municipal Code is hereby amended to read as follows:

Section 1.09.010 Applicability.
(a) This Chapter provides for the issuance of administrative citations which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this Code.
(b) The administrative citations process set forth in this Chapter applies to violations of the Code that: (1) are transitory or immediately remediable; (2) create an immediate danger to health or safety; or (3) are continuing violations pertaining to building, plumbing, electrical or other similar structural or zoning issues that persist after the responsible party has been given notice and failed to comply within the specified time frame. Unless otherwise stated in the Code, the administrative citations process set forth in this Chapter applies to violations of Articles 3, 4, 5, 6, 7, 8, 9, and 13 of this Code or any other provision specifically identified as subject to the administrative citation process. This Chapter shall only apply to administrative citations issued for violations of this Code, and shall not apply civil, criminal, or other enforcement of any section of this Code.
(c) Use of this Chapter shall be at the sole discretion of the City, subject to subsection (b) of this Section.

SECTION 2. Section 1.09.020 of the Santa Monica Municipal Code is hereby amended to read as follows:

Section 1.09.020 Definitions.
“Correctable offense” means any ongoing or continuous violation of the Santa Monica Municipal Code or any law the City is authorized to enforce that can be legalized

4.H.a
Packet Pg. 297 Attachment: CDD-Nusiance Abatement 1.09 and 13.06 2d (7038 : Nuisance Abatement and Admin Code Ordinance - Second Reading) 6 by taking a positive action towards compliance rather than refraining from committing a future violation.
“Enforcement Officer” means a City Police Officer, a City Code Compliance Officer or Code Enforcement Officer, a City Building Inspector, a City Combination Building Inspector, a City Parking Enforcement Officer, a City Public Works Inspector, a City Fire Inspector, a City Office of Sustainability and the Environment Inspector, a City License Inspector, a City Animal Control Officer, a City Public Services Officer, a City Lead Public Services Officer, a City Public Services Officer Supervisor, a City Public Services Administrator, a Pier and Harbor Services Officer, a Lead Pier and Harbor Services Officer, a City Pier and Harbor Services Supervisor, or any other authorized agent or employee of the City whose duty is to assure Code compliance. “Responsible party” means any individual or entity who is responsible for causing or maintaining a violation of this Code or applicable state codes or causing or maintaining any public nuisance. The term “responsible party” includes, but is not limited to, a property owner, tenant, occupant, person with a legal interest in real property or person in possession of real property, the president or other head of a corporation, or a business owner, or manager of a business.

SECTION 3. Section 1.09.025 of the Santa Monica Municipal Code is hereby added to read as follows:

Section 1.09.025 Notices of violation.

Pursuant to California Government Code 53069.4, when a violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety, an enforcement officer shall issue a

4.H.a
Packet Pg. 298 Attachment: CDD-Nusiance Abatement 1.09 and 13.06 2d (7038 : Nuisance Abatement and Admin Code Ordinance - Second Reading) 7 notice of violation to the responsible party prior to the imposition of administrative fines or penalties. Such notice shall serve as a written warning of responsibility and required action to abate the violation. The notice of violation shall include the following information:
(a) The name of the responsible party;
(b) The name of the owner, if different from the responsible party; (c) Street address;
(d) The code sections in violation;
(e) Date of the violation, if known;
(f) A description of the conditions which violate the applicable codes; (g) The date of the violation or, if the date of the violation is unknown then the date the violation is identified;
(h) A list of corrections to bring the condition into compliance; (i) A reasonable period of time to correct the violations listed in the notice of violation prior to the imposition of fines or penalties, unless the violation constitutes an immediate danger to public health, safety, or welfare, or materially interferes with public travel or passage, in which case the notice of violation may require immediate compliance; and
(j) A list of the potential consequences for failure to comply with the notice of violation or permitting the violation such as criminal prosecution, civil injunction, administrative abatement, administrative citations, civil penalties, revocation of permits, recordation of the notice of violation and withholding of future municipal permits, and receivership.

4.H.a
Packet Pg. 299 Attachment: CDD-Nusiance Abatement 1.09 and 13.06 2d (7038 : Nuisance Abatement and Admin Code Ordinance - Second Reading) 8 SECTION 4. Section 1.09.045 of the Santa Monica Municipal Code is hereby added to read as follows:

Section 1.09.045 Service Procedures for Issuing Administrative Citations.

An administrative citation on a form approved by the City Manager may be issued to a responsible party by an enforcement officer for violation of those sections set forth in subsection (b) of Section 1.09.010 as follows:
(a) By Personal Service. The person on whom the citation is served is required to confirm receipt by signing a copy of the citation, but his or her failure to do so shall have no effect on the citation’s validity or enforceability; or (b) By Regular First-Class Mail. Service shall be deemed effective when the citation is deposited in the United States mail to the responsible party as shown on the County’s current equalized assessment roll or other records pertaining to the matter to which such notice is directed; or
(c) By Posting on Property. If the enforcement officer is unable to serve the citation under subsection (a) or (b) above, by posting a copy of the citation on any real property within the city in which the city has knowledge that the responsible party has a legal interest. Service under this subsection shall be deemed effective on the date when the notice is posted; or
(d) By Publication. If the enforcement officer cannot post the citation by any of the above methods, by publishing the citation in a newspaper likely to give actual notice to the party subject to the citation. The publication shall be once a week for four successive weeks in a newspaper published at least once a week.

4.H.a
Packet Pg. 300 Attachment: CDD-Nusiance Abatement 1.09 and 13.06 2d (7038 : Nuisance Abatement and Admin Code Ordinance - Second Reading) 9 SECTION 5. Section 1.09.050 of the Santa Monica Municipal Code is hereby amended to read as follows:

Section 1.09.050 Compliance with administrative citations. (a) The responsible party shall comply with any administrative citation by abating the Code violations described in the citation and by paying the required fines within the time allotted by the citation.
(b) Any administrative citation fine paid pursuant to subsection (a) of this Section shall be refunded in accordance with Section 1.09.100 if it is determined, after a requested review, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.
(c) Payment of a fine under this Chapter shall not excuse or discharge any continuation or repeated occurrence of the Code violation that is the subject of the administrative citation.
(d) If the citation is the responsible party’s first violation of the cited code provision within a thirty-six month period, is a correctable offense, is deemed by the enforcement officer not to create an immediate danger to health and safety, and is deemed by the enforcement officer to be corrected within the time indicated on the citation, the responsible party shall not be required to pay more than fifty percent of the fine, provided the responsible party pays fifty percent of the fine within 30 days of providing proof of correction of the violation to the enforcement officer. Subsequent administrative citations for a violation of the same code provision issued within thirty-six months of another administrative citation shall not be eligible for a fine reduction under

4.H.a
Packet Pg. 301 Attachment: CDD-Nusiance Abatement 1.09 and 13.06 2d (7038 : Nuisance Abatement and Admin Code Ordinance - Second Reading) 10 this subsection. This paragraph shall not apply to orders issued pursuant to Section

10.04.04.040.

SECTION 6. Section 1.09.090 of the Santa Monica Municipal Code is hereby amended to read as follows:

Section 1.09.090 Hearing procedure.
(a) No hearing to contest an administrative citation before a Hearing Officer shall be held unless the fine has been deposited in advance in accordance with Section

1.09.050 or an advance deposit hardship waiver has been issued in accordance with Section 1.09.070.
(b) A hearing before the Hearing Officer shall be set for a date that is not less than five days and not more than sixty days from the date that the request for hearing is filed in accordance with the provisions of this Chapter, unless the Hearing Officer determines that the matter is urgent or that good cause exists for an extension of time.

Notice of hearing shall be sent to the party contesting the administrative citation by email, unless the party contesting the citation requests to receive notice of the hearing by mail, in which case the notice shall be mailed to his or her last known mailing address.
(c) At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.
(d) Unless the recipient of an administrative citation requested a paper review pursuant to Section 1.09.060(e), the failure of the recipient to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to

4.H.a
Packet Pg. 302 Attachment: CDD-Nusiance Abatement 1.09 and 13.06 2d (7038 : Nuisance Abatement and Admin Code Ordinance - Second Reading) 11 exhaust his or her administrative remedies.
(e) The administrative citation and any additional report submitted by City staff shall constitute prima facie evidence of the respective facts contained in those documents.
(f) The Hearing Officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.
(g) The Hearing Officer may grant any request for a continuance of the hearing from either party upon a showing of good cause. (h) The Hearing Officer shall have the power to issue orders to keep order and decorum during an Administrative Hearing. No person shall fail to comply with any such order.
(i) At any time prior to, during or after the hearing, the City Attorney’s office may exercise its prosecutorial discretion to reach a plea agreement or compromise with the responsible party or to dismiss any citation.

SECTION 7. Section 1.09.100 of the Santa Monica Municipal Code is hereby amended to read as follows:

Section 1.09.100 Hearing Officer’s decision.
(a) After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision to uphold or cancel the administrative citation and shall list in the decision the reasons for that decision. The decision of the Hearing Officer shall be issued within thirty days after the conclusion of the hearing or the submission of all written materials if no hearing is requested and the

4.H.a
Packet Pg. 303 Attachment: CDD-Nusiance Abatement 1.09 and 13.06 2d (7038 : Nuisance Abatement and Admin Code Ordinance - Second Reading) 12 Hearing Officer’s decision shall be final.
(b) If the Hearing Officer determines that the administrative citation should be upheld, then the fine amount on deposit with the City shall be retained by the City. (c) If the Hearing Officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the Hearing Officer shall set forth in the decision a schedule on which the fine must be paid.
(d) If the Hearing Officer determines that the administrative citation should not be upheld and the fine was deposited with the City, then the City shall promptly refund the amount of the deposited fine. Unless the City returns the fine within thirty days after it was deposited, this refund shall also include interest at the average rate earned on the City’s portfolio for the period of time that the fine amount was held by the City. (e) The recipient of the administrative citation shall be served with a copy of the Hearing Officer’s written decision. Notice of the decision shall be sent to the party contesting the administrative citation by email, unless the party contesting the citation requests to receive the decision by mail, in which case it shall be mailed to his or her last known mailing address.
(f) The employment, performance evaluation, compensation and benefits of the Hearing Officer shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the Hearing Officer.

SECTION 8. Section 1.09.120 of the Santa Monica Municipal Code is hereby amended to read as follows:

4.H.a
Packet Pg. 304 Attachment: CDD-Nusiance Abatement 1.09 and 13.06 2d (7038 : Nuisance Abatement and Admin Code Ordinance - Second Reading) 13 Section 1.09.120 Recovery of administrative citation fines and costs. (a) The City may collect any past due administrative citation fines or late payment charges by use of all available legal means. The City also may recover its collection costs pursuant to subsection (b) of this Section. (b) Any person who fails to pay any obligation required by this Chapter shall also be liable in any action brought by the City for all the City’s costs incurred in securing payment of the delinquent amount including, but not limited to, administrative costs and attorney’s fees. Collection costs imposed under this provision shall be added to and become a part of the underlying obligation.
(c) The City may recover from a Responsible Party any and all costs incurred by the City in connection with the issuance of any citation which is upheld or becomes final. These recoverable costs include, but are not limited to, costs of investigation, personnel costs incurred in connection with any administrative hearing, and costs for all reinspections necessary to enforce compliance with the Code.

SECTION 9. Section 1.09.170 of the Santa Monica Municipal Code is hereby amended to read as follows:

Section 1.09.170 Identification
Unless prohibited by this code or any State, County, or federal law, any person who violates or fails to comply with any provisions in this code and who possesses no photo identification or refuses to identify themselves to an enforcement officer, making it impossible to issue an administrative citation, shall be guilty of a misdemeanor. This provision shall not be enforceable if superseded by any provision of this Code, or other State, County, or Federal law or regulation.

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Packet Pg. 305 Attachment: CDD-Nusiance Abatement 1.09 and 13.06 2d (7038 : Nuisance Abatement and Admin Code Ordinance - Second Reading) 14 SECTION 10. Section 13.06.040 of the Santa Monica Municipal Code is hereby amended to read as follows:

13.06.030 Definitions.
“Cost of abatement” means the total cost incurred by the City in connection with abating a public nuisance, including, but not limited to:
(1) Any cost incurred in removing or remedying a public nuisance; and (2) A service fee for services rendered by the City in connection with inspection, notification, prosecution, and abatement procedures authorized by this Chapter, which fee will be calculated based on all services rendered by the City from initial inspection of the property for the purpose of documenting a violation of this Chapter until the violation is corrected; and
(3) Any expense incurred by the City in collecting the costs enumerated in this subsection.
“Director” means the Director of Community Development, or designee. “Graffiti” means any writing, printing, symbol, figure, design, painting, marking, inscription, or other defacement that is written, sprayed, painted, scratched, etched, engraved, drawn, marked, or otherwise applied to any exterior surface of a building, wall, window, fence, tree, sidewalk, curb, or other structure without the prior consent of the owner or person in possession.
“Minor automotive repair and service” includes replacement of wiper blades, fuses, radiator caps, lamps, and other minor accessories, changing oil and transmission fluid, patching or mounting of tires and similar repairs and services. “Owner” means the owner of record of real property.

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Packet Pg. 306 Attachment: CDD-Nusiance Abatement 1.09 and 13.06 2d (7038 : Nuisance Abatement and Admin Code Ordinance - Second Reading) 15 “Person” means any natural person, firm, association, club, organization, corporation, partnership, business trust, company or any other entity which is recognized by law as having rights and duties.
“Premises” means any real property or improvements thereon. “Public nuisance” means any nuisance designated in Section 13.06.050 of this Chapter.
“Responsible party” means an individual or entity who is responsible for causing or maintaining a violation of this Chapter. The term “responsible party” includes, but is not limited to, a property owner, tenant, occupant, person with a legal interest in real property or person in possession of real property, the president or other head of a corporation, or a business owner, or manager of a business.

SECTION 11. Section 13.06.030 of the Santa Monica Municipal Code is hereby amended to read as follows:

13.06.040 Responsibility for maintenance.
(a) Every responsible party owning, possessing, managing, or having charge or control of any real property within the City is required to maintain such property so as not to violate the provisions of this Chapter. The owner of the property shall remain liable for violations hereof regardless of any contract or agreement with any third party regarding such property or the occupation of the property by any third party. (b) It shall be unlawful for any owner, occupant, lessee, or holder of any possessor interest of real property within the City to create or maintain a public nuisance on such property.

4.H.a
Packet Pg. 307 Attachment: CDD-Nusiance Abatement 1.09 and 13.06 2d (7038 : Nuisance Abatement and Admin Code Ordinance - Second Reading) 16 SECTION 12. Section 13.06.050 of the Santa Monica Municipal Code is hereby amended to read as follows:

13.06.050 Public nuisances.

It is hereby declared a public nuisance and a violation of this Chapter for a responsible party owning, possessing, managing, or having charge or control of any real property in the City to permit any of the following activities to occur on the real property of the owner, or for a responsible party to commit any of the following activities.

A violation of any of the following subsections may be cited as a separate offense:
(a) Any building, place, or business which has been operated or maintained in a manner that has resulted in repeated disruptive activities, including, but not limited to, assaults; batteries; curfew, loitering, or vagrancy violations; disorderly conduct; disturbances of the peace; driving under the influence; drunkenness; harassment of passersby; illegal parking; liquor law violations; loud noises (particularly in late night or early morning hours); peeping; public urination; sale of stolen goods; trespass; and/or vandalism.
(b) Animal disturbances or violations, including but not limited to any condition in violation of Chapter 4.04 (Animals) or Section 4.12.090 (Noisy animals) of this Code. (c) Every building or place used for the purpose of, and every business selling, serving, storing, keeping, manufacturing or giving away any controlled substance (as defined in Division 10 of the California Health and Safety Code) and every building or place wherein or upon which those acts take place.
(d) Every building or place used for the purpose of, and every business engaged in, unlawfully selling, serving, or giving away alcoholic beverages and every

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Packet Pg. 308 Attachment: CDD-Nusiance Abatement 1.09 and 13.06 2d (7038 : Nuisance Abatement and Admin Code Ordinance - Second Reading) 17 building or place in or upon which alcoholic beverages are unlawfully sold, served, or given away.
(e) Every building or place used for the purpose of illegal gambling as defined by State or local law, lewdness or prostitution, and every building or place in or upon which such activities are held or occur.
(f) Reserved.
(g) Parking of vehicles, vessels, or similar mobile equipment on the grass, dirt, or other landscaped areas surrounding a residential property. (h) Repair and/or disassembling any vehicle or vessel in a residential zone and on residential property, where such activity is visible from the public right-of-way except:
(1) Minor automotive repair and service, performed on motor vehicles owned by and registered to the occupants of the dwelling, performed on a driveway, in a carport, or other legally paved surface on private property; (2) The work does not involve repetitive testing of an engine; (3) No more than one motor vehicle, as viewed from the public rightof-way, is being worked on at any point in time; and (4) The work complies with the City's Noise Ordinance.
(i) Any violation of Chapters 13.02 and 13.04 of this Code that poses an immediate threat to public health or safety, or one that is maintained for more than 48 hours after notification to the property owner or other responsible party by a city enforcement officer.
(j) Any public nuisance as defined in Civil Code Sections 3479 and 3480 and

4.H.a
Packet Pg. 309 Attachment: CDD-Nusiance Abatement 1.09 and 13.06 2d (7038 : Nuisance Abatement and Admin Code Ordinance - Second Reading) 18 Penal Code Sections 370 and 371, or otherwise recognized in law or in equity as constituting a public nuisance, and any condition identified as a public nuisance in any other provision of this Code.
(k) Five or more violations in any rolling one-year period of any combination of Chapter 4.27 (Tenant Protection), Chapter 4.28 (Housing Anti-Discrimination Code), Chapter 4.36 (Tenant Relocation), Chapter 4.56 (Tenant Harassment), Chapter 8.92 (Housing Code), Chapter 13.02 (Property Maintenance), Chapter 13.04 (Vacant Properties), or any city, County, or State law related to building construction or fire prevention.
(l) The illegal subdividing or renting of dwelling units in violation of building codes and occupancy standards.
(m) Employing harassing or unsafe tactics in the course of conducting business operations that endangers the health or safety of a considerable number of persons, including, but not limited to:
(1) Intentionally or recklessly making physical contact with or touching another person without consent;
(2) Intentionally or recklessly blocking or impeding the free passage or use of a public right-of-way;
(3) Engaging in speech or conduct in a manner intended or likely to cause a reasonable person to: (i) fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; (ii) intimidate a person being solicited into responding affirmatively to the solicitation; or (iii) intimidate another person or business into altering their business operations.

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Packet Pg. 310 Attachment: CDD-Nusiance Abatement 1.09 and 13.06 2d (7038 : Nuisance Abatement and Admin Code Ordinance - Second Reading) 19 (n) Any violation of Chapters 8.58 (Mandatory Seismic Retrofit Administrative Requirements), 8.60 (Mandatory Seismic Retrofit Requirements for Unreinforced Masonry Bearing Wall Buildings), 8.64 (Mandatory Seismic Retrofit Requirements for Existing Concrete and Reinforced Masonry Wall Buildings with Flexible Diaphragms),

8.72 (Mandatory Seismic Retrofit Requirements for Soft Weak or Open Front Walls in in Light, Wood-Framed Buildings), 8.76 (Mandatory Seismic Retrofit Requirements for Existing Welded Steel Moment Frame Structures), or 8.80 (Mandatory Seismic Retrofit Requirements for Existing Non-Ductile Concrete Buildings). (o) Any combination of three or more violations in a rolling one-year time period for engaging in construction or demolition work without first obtaining all required permits and approvals in violation of Section 8.08.050 of this code, or for violating a stop work order. The issuance of a Notice of Violation, stop work order, or administrative citation for violation of Section 8.08.050 is sufficient to prove the existence of a qualifying violation, except that a stop work order or an administrative citation that is in the process of being appealed, or which has been appealed and overturned, shall not establish a qualifying violation.

SECTION 13. Section 13.06.055 of the Santa Monica Municipal Code is hereby added to read as follows:

Section 13.06.055 Notice to Responsible Parties
(a) The Director or the City Attorney or designee, shall, within a reasonable period of time from the date of the occurrence of any activity listed in Section 13.06.050, notify the known responsible parties of the nuisance activity. The notice shall include:
(1) the location of the property;

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Packet Pg. 311 Attachment: CDD-Nusiance Abatement 1.09 and 13.06 2d (7038 : Nuisance Abatement and Admin Code Ordinance - Second Reading) 20 (2) the name of the person(s) conducting the nuisance activity (if known and appropriate);
(3) the description of the nuisance activity; and
(4) suggested remedies to abate the nuisance activity.
(b) The notice provided for by this section may constitute a compliance order for the purposes of Chapter 1.10 of this Code. A notice pursuant to this section is not required to be given prior to the issuance of an administrative citation for violation of this Chapter pursuant to Chapter 1.09 of this Code, or the imposition of any other penalty or remedy permitted by law.
(c) The notice provided for by this section shall not require or encourage the owner of real property actually used for residential rental purposes to do any of the following, nor shall it impose or threaten to impose any penalty on the owner of real property actually used for residential rental purposes for failing to take any of the following actions:
(1) Evict or penalize a tenant because of the tenant’s association with another tenant or household member who has had contact with a law enforcement agency or has a criminal conviction;
(2) Evict or penalize a tenant because of the tenant’s alleged unlawful conduct or arrest;
(3) Include a provision in a lease or rental agreement that provides a ground for eviction not provided by, or that is in conflict with, state or federal law; (4) Perform a criminal background check of a tenant or a prospective tenant.

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Packet Pg. 312 Attachment: CDD-Nusiance Abatement 1.09 and 13.06 2d (7038 : Nuisance Abatement and Admin Code Ordinance - Second Reading) 21 (d) The notice described in this section shall be delivered to the responsible party by personal delivery or regular mail, in a sealed envelope postage prepared, addressed to the person to be notified at his or her last known business or residence address. Service by mail is deemed to have been completed at the time of deposit in the post office.
(e) Where real property is involved, the notice shall be served on the owner of the property, either by personal delivery or via regular mail, at the address listed on the latest equalized County assessment. Within five (5) days of the date of mailing the notice, the owner shall provide a copy of the notice to all other responsible parties.

SECTION 14. Section 13.06.095 of the Santa Monica Municipal Code is hereby added to read as follows:

Section 13.06.095 Responsibility for Enforcement
The Director shall have the primary responsibility to administer and enforce the provisions of this Chapter. The Director shall have the authority to designate employees as enforcement officers to assist in the enforcement responsibilities, including the issuance of administrative citations pursuant to Chapter 1.09 of this Code. This provision shall in no way be construed as limiting the authority of the City Attorney to investigate, prosecute, enjoin, or use any other remedy to enforce this Chapter.

SECTION 15. Section 13.06.110 of the Santa Monica Municipal Code is hereby added to read as follows:

Section 13.06.110 Severability
If any section, sentence, clause, or phrase of this article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such

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Packet Pg. 313 Attachment: CDD-Nusiance Abatement 1.09 and 13.06 2d (7038 : Nuisance Abatement and Admin Code Ordinance - Second Reading) 22 decision shall not affect the validity of the remaining portion of this article. The Council hereby declares that it would have passed this ordinance and adopted this article and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 16. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance.

SECTION 17. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 18. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
________________________
Douglas Sloan, City Attorney

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Packet Pg. 314 Attachment: CDD-Nusiance Abatement 1.09 and 13.06 2d (7038 : Nuisance Abatement and Admin Code Ordinance - Second Reading) City Council
Report
City Council Meeting: April 22, 2025
Agenda Item: 4.I
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Award Bid SP2699 and Construction Contract to Excel Paving Company and RFP SP2699-CM and Construction Management Contract to Transtech Engineers, Inc. for the FY 2024-25 Annual Paving Project Recommended Action
Staff recommends that the City Council:

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

2. Award Bid #SP2699 to PALP Inc. dba Excel Paving Company for the FY 2024-25 Annual Paving Project for the Public Works Department;

3. Authorize the City Manager to negotiate and execute a contract with PALP Inc., dba Excel Paving Company, in an amount not to exceed $10,289,865 (including a $1,342,155 contingency);

4. Award Request for Proposals (RFP) #SP2699-CM to Transtech Engineers, Inc. to provide construction management and observation services for the FY 2024- 25 Annual Paving Project for the Public Works Department; and

5. Authorize the City Manager to negotiate and execute a contract with Transtech Engineers, Inc. in an amount not to exceed $463,750.

Summary
The City of Santa Monica is undertaking multiple infrastructure projects, as part of the FY 2024-25 Annual Paving Project (Project), to enhance roadway pavement, add protected bike lanes, and improve stormwater management. Pavement improvement locations include a protected bikeway on Colorado Avenue, California Avenue, Expo/Metro Bikeway, and alleys which aim to enhance bicycle and pedestrian experience, improve roadway surfaces, and support multimodal transportation. The Project’s drainage improvements include infrastructure upgrades along California

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Avenue and 17th Street to improve drainage. These initiatives are necessary to further adequately maintain existing facilities and infrastructure within the city and to align with the City’s strategic priorities of Clean Streets and Safe Neighborhoods. Staff recommends PALP Inc., dba Excel Paving Company, to provide construction services in an amount not to exceed $10,289,865 (including 15% contingency). Staff also recommends Transtech Engineers, Inc. to provide construction management and observation services for the Project in an amount not to exceed $463,750.

Discussion
Paving Improvements:

The Project would focus on enhancing roadway surfaces, improving bicycle and pedestrian infrastructure, and ensuring long-term durability. Specific improvements include:
• Colorado Avenue Protected Bikeway - Establish a one-way, westbound protected bike lane from 17th Street to 4th Court, improving connectivity to existing bikeways and public transit hubs.
• California Avenue - Reconstruct California Avenue from Ocean Avenue to 7th Street to address root damage from existing trees, enhance roadway conditions, and support sustainable tree replacement efforts in alignment with the Urban Forest Master Plan (Attachment A). To balance street repairs with tree preservation, a phased tree replacement approach would be implemented. The first phase would remove approximately 19 trees and install new replacements while widening the median for long-term tree health. Once established, about 21 additional trees would be replaced with three new species approved by the Urban Forest Task Force.
• Metro/Expo Bikeway Improvements - Repairs to the bike path along Olympic Boulevard, repairing sidewalks and pavement while adding new striping and signage for better visibility and navigation.
• Alley Pavement Improvement - Resurfacing and reconstruction work at Berkeley Court between Pennsylvania Avenue and Nebraska Avenue and 12th Court

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between Santa Monica Boulevard and Broadway to improve safety and accessibility.

Drainage Improvements:

The Project would mitigate ponding, improve stormwater management, and enhance public safety. This portion of the Project would install vegetated stormwater curb extensions, storm drainpipes, and related infrastructure at key locations, including:
• 10th Street between Colorado Avenue and Broadway,
• 26th Street between Santa Monica Boulevard and Arizona Avenue, • 4th & 5th Streets between Idaho and California Avenue, • Address water accumulation on 17th Street between Delaware Avenue and the I10 freeway, ensuring a safer and more reliable route for pedestrians and cyclists. • Stormwater infrastructure enhancements along California Avenue would reduce ponding risks and improve drainage efficiency between 4th and 5th Streets.

These improvements align with the City’s strategic priorities of Clean Streets and Safe Neighborhoods as part of water management and improved streetscape functionality.

Construction Management and Observation Services:

The recommended firm would provide construction management and observation services for the Project. The firm would be responsible for conducting weekly progress meetings, reviewing contractor material submittals, and observing the work of the construction contractor to ensure construction adheres to project design plans and specifications, answering contractor questions in the field, verifying contractor invoices, preparing daily reports, capturing and maintaining progress photos, coordinating work with various City departments, distributing construction notifications, and addressing questions or concerns from the public. With a significant number of City projects currently in construction, City staff does not have the capacity to inspect and manage the construction of this large-scale, multi-faceted project, which requires fulltime oversight.

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Vendor Selection
Construction Services
Bidder Recommendation
Best Bidder PALP Inc. dba Excel Paving Company
Evaluation
Criteria
Price; the ability, capacity, and skill of the bidder to perform the services; the capacity of the bidder to perform the contract within the time specified; the sufficiency of the bidder’s financial resources; the reputation and experience of the bidder.

Municipal Code SMMC 2.24.180
Bid Data
Date
Posted
Posted On Advertise In
(City Charter
& SMMC)
Vendors
Downloaded
Submittals
Received
Date
Publicly
Opened
02/06/2025 City's Online
Bidding Site
Santa Monica
Daily Press
65 2 03/05/2025
Best Bidder Justification
The evaluation team included members from Public Works Engineering and the Street Services Project Development Group. Staff recommends PALP Inc., dba Excel Paving Company, the lowest bidder, as the best bidder when evaluating bid price, previous paving project experience, and completion of past projects for the City of Santa Monica.

Construction Management and Observation Services
RFQual – Prequalified Short-List
Submittals Received
PALP Inc. dba Excel Paving Company $8,947,710
Sully Miller Contracting Company $9,813,783
Pre-Qualified Firms
Accenture Infrastructure & Capital Projects Maestro Development Albert A. Webb Associates MNS Engineers, Inc.

Arcadis U.S., Inc. P2S LP
Berg & Associates, Inc. Psomas
Cannon Corporation Southstar Engineering & Consulting, Inc.

Cumming Management Group, Inc Transtech Engineers, Inc.

Dewberry Design-Builders Inc. Vanir Construction Management, Inc.

Fountainhead Consulting Corporation Willdan Engineering Ghirardelli Associates, Inc. Z&K Consultants, Inc.

Jacobs Project Management Co

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Pre-Qualification Criteria
Evaluation
Criteria
The ability, capacity, and skill of the bidder to perform the services; the capacity of the bidder to perform the contract within the time specified; the sufficiency of the bidder’s financial resources; the reputation and experience of the bidder
Municipal Code SMMC 2.24.190
Justification to Award
The shortlist was created by way of the Request for Qualifications (RFQ) process.

Twenty-nine firms submitted proposals as a result of the RFQ for construction management and observation services. The statements of qualifications were evaluated by staff from Architectural Services and Engineering and Street Services Division. Staff established the list of pre-qualified firms as the best qualified firms based on their qualifications, and their directly related experience providing similar services for municipal agencies. The pre-qualified firms would be invited to Request for Proposals (RFP) process to provide construction management and observation services.

Request for Proposals
RFP Information
Best Qualified Firm Transtech Engineers, Inc.

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

Municipal Code SMMC 2.24.190
RFQual Data
Date Posted Posted On
Advertised In
(City Charter &
SMMC)
Vendors
Downloaded
Submittals
Received
Date
Publicly
Opened
01/09/2025 City's Online
Bidding Site
Santa Monica
Daily Press 182 29 02/10/2025
Submittals Received
Berg & Associates, Inc Transtech Engineers, Inc.

Cannon Corporation Willdan Engineering
Psomas Z&K Consultants, Inc.

Southstar Engineering & Consulting, Inc

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Justification to Award
Transtech Engineers, Inc. is recommended to provide construction management and observation services from an approved shortlist of pre-qualified construction management firms. The shortlist was created by way of the Request for Qualifications (RFQ) process. Seven firms submitted proposals as a result of the subsequent RFP for construction management and observation services. The proposals were evaluated by staff from Engineering and Street Services Division. Staff recommends Transtech Engineers, Inc. as the best qualified firm to provide construction management and observation services based on its qualifications, price, and its directly related experience providing similar services for municipal agencies.

Public Outreach
Construction is expected to begin in late 2025 and would last for approximately twelve months. Prior to and during construction, City staff and the contractor would distribute notifications to adjacent properties detailing the project scope, construction schedule, and potential impacts. Periodic updates would be provided, as necessary. Social media would be utilized to notify the public about general construction updates.

As part of the project development, Public Works staff from the Engineering and Street Services and Public Landscape Divisions conducted outreach with the Urban Forest Task Force and provided an outreach letter to the Wilmont Group (Attachment B). A study session was held during the January 2024 public meeting to discuss street repairs and tree preservation along California Avenue between Ocean Avenue and 7th Street.

In March 2024, staff returned with a final recommendation, which was approved by the Urban Forest Task Force, to implement a phased tree replacement approach. This plan RFP Data
Date
Posted Posted On
Advertise In
(City Charter &
SMMC)
Vendors
Downloaded
Submittals
Received
Date
Publicly
Opened
03/06/2025 City's Online
Bidding Site
Santa Monica
Daily Press
13 7 03/18/2025

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balances necessary street repairs with tree preservation efforts and addresses concerns raised during the outreach process.

Environmental Review
The Project is categorically exempt as a Class 1 exemption pursuant to Section 15301 of the CEQA Guidelines, which exempts 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. This project would repave existing City streets, install drainage improvements, and repair existing concrete sidewalks, curbs, and gutters. The project would not expand or materially change existing City streets or infrastructure.

Furthermore, none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this exemption.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Clean Beaches, Gas Tax, Local Return, General Fund, Special Revenue, and Miscellaneous Grants Funds to award a contract with PALP Inc., dba Excel Paving Company, to provide construction services for the FY 2024-25 Annual Paving Project.

Contract Request
Funding
Source
FY 2024-25
Request
Amount
CIP Account # Account
Description
Total
Contract
Amount
Gas Tax –
SB1 $402,739 C2604600.689610.99111 FY20-21 RMRA Street Repair $402,739 Gas Tax –
SB1 $1,572,768 C2604600.689610.99070 FY21-22 RMRA Street Repair $1,572,768 Gas Tax –
SB1 $889,723 C2604600.689610.99005 FY22-23 RMRA Street Repair $889,723 Gas Tax –
SB1 $378,903 C2604600.689610.98992 FY23-24 RMRA Street Repair $378,903 Clean
Beaches $3,929,658 C1604990.689000 Surface Drainage Improvements $3,929,658 Gas Tax - SB1 $450,525.96 C2604600.689610.98931 FY24-25 RMRA Street Repair $450,525.96

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Local Return -
Measure R $13,551 C2704600.689120.21031
FY 19-20 Annual
Paving / Sidewalk
Measure R
$13,551
General Fund $368,960.16 C0104610.689000 Alley Renewal
Program $368,960.16
Special
Revenue $251,817 C1005100.689000 Exposition Corridor Bike Path $251,817 Local Return -
Prop C $46,900 C2708150.689130
Colorado Avenue
Protected Bike
Lane Prop C
$46,900
Miscellaneous
Grants - MSP* $399,046 C2008150.689290
Colorado Avenue
Protected Bike
Lane MISC Grant
$399,046
Special
Revenue $31,400 C1004600.689000 Annual Paving / Sidewalk Repair $31,400 General Fund $1,065,186 C0106620.689000
17th
Street/SMC/Expo
Bike Path
$1,065,186
Special
Revenue $14,350 C1004640.689000 Crosswalk Renewal Program $14,350 Water Fund $226,705 C5004600.689000 Water Fund $226,705 Wastewater
Fund $247,632 C5104600.689000 Wastewater Fund $247,632
Total $10,289,865 $10,289,865
*Measure M Multi-Year Subregional Program Grant
Staff seeks authority to approve available funding from the Gas Tax Fund to award a contract with Transtech Engineers, Inc. to provide construction management and observation services for the FY 2024-25 Annual Paving Project.

Contract Request
Funding
Source
FY 2024-25
Request
Amount
CIP Account # Account
Description
Total
Contract
Amount
Gas Tax –
SB1 $463,750 C2604600.689610.98931 FY24-25 RMRA Street Repair $463,750 Total $463,750 $463,750

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Prepared By: Jonathan Maldonado, Civil Engineering Associate Approved Forwarded to Council
Attachments:

A. Urban Forest Master Plan
B. Public Outreach Letter to Wilmont Neighborhood Group C. Excel - Levine Act
D. Excel - Oaks Initiative
E. Transtech - Levine Act
F. Transtech - Oaks Initiative

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Packet Pg. 324 Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for SANTA MONICA’S URBAN FOREST MASTER PLAN

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Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for CHAPTER 2 - GUIDING PRINCIPLES. . . . . . . . . . . . . . . . . 39 DEVELOPING POLICY AND STANDARDS FROM THE GUIDING PRINCIPLES . . . 40 GUIDING PRINCIPLES:1. THE URBAN FOREST AND ITS ENVIRONMENT . . . . . . . . . . . . . . . . . 422. UNDERSTANDING THE URBAN FOREST . . . . . . . . . . . . . . . . . . . . . 443. ECONOMICS OF THE URBAN FOREST. . . . . . . . . . . . . . . . . . . . . . . 464. COLLABORATING ON URBAN FOREST MANAGEMENT . . . . . . . . . . . 485. SUSTAINABLE MANAGEMENT OF THE URBAN FOREST. . . . . . . . . . . . 506. ENHANCING THE URBAN FOREST. . . . . . . . . . . . . . . . . . . . . . . . . . 56 THE FUTURE OF THE URBAN FOREST. . . . . . . . . . . . . . . . . . . . . . . . . . . 59 VISION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5EXECUTIVE SUMMARY & MISSION STATEMENT . . . . . 6CHAPTER 1 - BACKGROUND OF THE URBAN FOREST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 HISTORY OF SANTA MONICA’S URBAN FOREST . . . . . . . . . . . . . . . . . . . 10RELATIONSHIP TO OTHER CITY DOCUMENTS . . . . . . . . . . . . . . . . . . . . . 14BASELINE ENVIRONMENTAL CONDITIONS . . . . . . . . . . . . . . . . . . . . . 15 WATERSHED AND WATER QUALITY . . . . . . . . . . . . . . . . . . . . . . . . . . . 15TOPOGRAPHY AND SOILS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16CLIMATE AND MICRO-CLIMATES . . . . . . . . . . . . . . . . . . . . . . . . . . . 17ECOLOGY, PLANT, AND WILDLIFE COMMUNITIES . . . . . . . . . . . . . . . . 18THE SANTA MONICA FREEWAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 DESCRIPTION OF SANTA MONICA’S URBAN FOREST . . . . . . . . . . . . . . . . . 20 TOP 15 SPECIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 GROWSPACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22RIGHT TREE IN THE RIGHT PLACE . . . . . . . . . . . . . . . . . . . . . . . . . . . 24CANOPY COVERAGE . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 26 ENVIRONMENTAL BENEFITS OF THE URBAN FOREST . . . . . . . . . . . . . . . . . 28COMMUNITY VIEWS OF THE URBAN FOREST. . . . . . . . . . . . . . . . . . . . . . 32FOOTNOTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 TABLE OF CONTENTS2 | SANTA MONICA’S URBAN FOREST MASTER PLAN | S A N TA M O N I C A ’ S U R B A N F O R E S T M A S T E R P L A N

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Santa Monica’s coastal setting and physical beauty offer a desirable quality of life to those who live, work and visit here. Two hundred and fi fty years ago the area was blanketed by grasslands and coastal sage scrub. As various cultures inhabited the land, they adjusted their lives to fi t the landscape and adjusted the landscape to fi t their needs, tastes, and sensibilities. The urban forest of today is the result of the decisions by those who managed the forest before us, and is greater than the sum of individual trees outside our homes, shops and offi ces. It is the environment in which we work and play and through which we travel daily. It is the aesthetic setting for our schools, businesses, cultural attractions, and places of recreation and renewal. It is our ecosystem; the habitat in which we thrive. It is our shared community resource. We owe it to ourselves and future generations to secure and enhance the benefi ts of a thriving urban forest in Santa Monica. We can do this only if we understand its importance and utilize new knowledge of environmental science and arboricultural technology in order to adapt nimbly to changes in the environment. This Urban Forest Master Plan seeks to increase age and species diversity in the public tree population, augment biomass and canopy coverage citywide, enhance the character and aesthetics of our neighborhoods and achieve exemplary stewardship of the forest from all who live and work here. The Master Plan must be regarded as both a long range policy guide and a living document that will respond to changing conditions over its life. It requires a close partnership between policy makers, staff and the community.Santa Monica has established an international reputation for enlightened environmental policies and the respectful conservation of natural resources. Adoption of this Master Plan is the next signifi cant step in Santa Monica’s continuum of sustainability policies.

VISION
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when resulting from a community visioning and goalsetting process.2 ”
There are two important distinctions between these defi nitions. Although the fi rst defi nition mentions resources and ecosystems, it does not directly emphasize the environmental benefi ts of the urban forest. The second defi nition places emphasis on the “planned and programmatic approach” resulting from a community process. This shift in defi nition parallels the City’s shift from the Community Forest Management Plan, approved by City Council in 2000, to a long range Urban Forest Master Plan (Master Plan). This Master Plan document updates and expands upon the Community Forest Management Plan 2000 and provides a living document containing measures for cultivating a successful urban forest and recommendations for ongoing improvements.

URBAN FOREST MASTER PLAN MISSION STATEMENTTo ensure that all bene fi ts of a healthy urban forest are
available to Santa Monica residents and visitors for generations to come, to guide the perpetuation and enhancement of public tree canopy for the entire city, and to inform the community of the importance of the urban forest and the best practices to follow to help it thrive.

As expressed in the Urban Forest Master Plan Mission Statement, the Master Plan will serve as a guide for perpetuating and enhancing Santa Monica’s urban forest. The Master Plan establishes guiding principles and associated goals that result in specifi c strategies for addressing the needs of the urban forest. These strategies take into consideration environmental and urban conditions that fl uctuate over time, and are fl exible enough to account for future changes that will affect the trees of the urban forest, such as insects, disease, climate shifts and other factors. The Master Plan sets guidelines for periodic tree species performance evaluations and adjustments in the use of individual species. By using an adaptive management approach, new research and technologies will be incorporated into the appendices of this Master Plan as they become available. As the City and other agencies revise and refi ne their methods for tree care and other City documents are updated, the Master Plan will also evolve. The Master Plan describes the City’s urban forest, analyzes its condition and compares its growth to previous years. This snap shot in time provides the community and future managers of the urban forest with an historical account of the forest and a Street Tree Designations List to create neighborhood street tree environments. The analysis of the forest calculates the value of the environmental benefi ts it provides.

The City of Santa Monica is committed to improving and enhancing its urban forest. Establishing, maintaining and enhancing a healthy urban forest is a complex and multi-layered endeavor. It affects and is affected by many factors. This document examines the context of Santa Monica’s urban forest and develops guiding principles, goals, strategies and guidelines for its management to ensure its on-going improvement.Urban Forestry, as defi ned by the Dictionary of Forestry, is the “art, science, and technology of managing tree and forest resources in and around community ecosystems for the physiological, sociological, economic, and aesthetic benefi ts trees provide society.1” In 2009, the American
Planning Association expanded the Urban Forestry defi nition to include “a planned and programmatic approach to the development of the urban forest, including all elements of green infrastructure within the community, in an effort to optimize the resulting benefi ts in social, environmental, public

Santa Monica City CouncilApril 22, 2025

Santa Monica City Council
April 22, 2025