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
OLIVER C. CHI
CITY MANAGER
DOUGLAS SLOAN
CITY ATTORNEY
NIKIMA S. 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: 8/6/2025 9:06 AM Page 2
RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11663(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. - Telephone: 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. 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 if speaking on multiple items. A member of the public may allocate time between items in one-minute increments up to 2 minutes and those requesting to speak on only one agendized item for the meeting may speak for up to 4 minutes on that one item. Except for noticed public hearings or quasi-judicial items, if more than 25 speakers are registered to speak during a public input section, the amount of time shall be reduced to 1 minute per speaker during that section.
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 and on Special
Agenda Items.)
2. Special Agenda Items (Commendations and
Proclamations presented).
3. Public Comment for Consent Calendar and Closed
Sessions Only.
4. Consent Calendar (All items considered in one
motion unless removed by a City Councilmember for
discussion. No public comment is permitted on
second readings.)
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 (No public comment is
permitted on second readings.)
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: 8/6/2025 9:06 AM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, JULY 29, 2025
MEETING BEGINS AT 5:30 PM
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
1. GENERAL PUBLIC INPUT AND COMMENT ON SPECIAL AGENDA ITEMS (For regular meetings, public comment is permitted on Special Agenda Items and 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 City of Santa Monica Generated: 8/6/2025 9:06 AM Page 4 raised under this agenda item. For special meetings, public input is limited to scheduled Special Agenda Items only.)
1.A. Written Comments
2. SPECIAL AGENDA ITEMS
2.A. Commendation: Community Wellbeing Leaders - Pulled by Staff. 7/23/25
2.B. Proclamation: Disability Pride Month
3. PUBLIC INPUT (ITEMS UNDER CONSENT CALENDAR AND 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. Award Bid SP2717 and Construction Contract to Sully Miller Contracting Company for the FY 25-26 Annual Paving Project and Accept Transportation Development Act Grant
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 #SP2717 to Sully Miller Contracting Company for the FY 2025-26 Annual Paving Project for the Public Works Department;
3. Authorize the City Manager to negotiate and execute a contract with Sully Miller Contracting Company in an amount not to exceed $7,591,163 (including a 15% contingency);
4. Authorize the City Manager to accept a grant awarded in the amount of $211,000 from the Los Angeles Metro Transportation Development Act (TDA) Funds for FY 2025-26 Annual Paving Project in the Department of Transportation, and to accept all grant renewals;
5. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals; and
6. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
4.B. Approval of Professional Services Agreement with Stantec Architecture, Inc. for the Santa Monica Department of Transportation Charging Infrastructure Project
City of Santa Monica Generated: 8/6/2025 9:06 AM Page 5 Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemptions pursuant to Section 15262 and Section 15301 of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute an agreement with Stantec Architecture, Inc. for professional design services for the Santa Monica Department of Transportation Charging Infrastructure Project for the Public Works Department in an amount not to exceed $1,150,000 (including a 10% contingency) for a five-year term with two additional one-year renewal options with future year funding contingent on Council budget approval. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(b).
4.C. Authorization of Third Modification to Agreement #11475 with Stantec Consulting Services, Inc. and First Modification to Agreement #11547 with Arcadis U.S., Inc. and for the Water Reservoir Upgrades, Seismic and Site Security Improvements
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemptions pursuant to Sections 15301 and 15302 of the CEQA Guidelines;
2. Authorize the City Manager to negotiate and execute a third modification to agreement #11475 (CCS) in the amount of $646,847 (including no additional contingency) with Stantec Consulting Services, Inc. for additional design services for the Water Reservoir Upgrade and Improvement Project for the Public Works Department. This will result in an amended agreement with a new total amount not to exceed $4,336,139, with future year funding contingent on Council budget approval;
3. Authorize the City Manager to negotiate and execute a first modification to agreement #11547 (CCS) in the amount of $318,402 (including no additional contingency) with Arcadis U.S., Inc for additional design services for the Site Security Project for the Public Works Department. This will result in an amended agreement with a new total amount not to exceed $1,163,402, with future year funding contingent on Council budget approval; and
4. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
4.D. Award RFP No. SP2754 to International Cybernetics Company, LP, dba IMS Infrastructure Management Services, for the Pavement Management System Update
Recommended Action
Staff recommends that the City Council:
1. Adopt findings of Categorical Exemptions pursuant to Section 15301 (Existing Facilities) and Section 15262 (Feasibility and Planning Studies), of the California Environmental Quality Act (CEQA) Guidelines; City of Santa Monica Generated: 8/6/2025 9:06 AM Page 6
2. Award RFP#SP2754 to International Cybernetics Company, LP, doing business as (dba) IMS Infrastructure Management Services, to provide professional consulting services to conduct a citywide pavement condition survey and update the City's Pavement Management System (PMS) for the Public Works Department; and
3. Authorize the City Manager to negotiate and execute an agreement with International Cybernetics Company, LP, doing business as (dba) IMS Infrastructure Management Services, in an amount not to exceed $130,456 (including a 10% contingency) for a five-year term, with one renewal option of up to five years in the amount of $103,909 (including 10% contingency) for a total amount not to exceed $234,365 over a ten-year period, with the future year funding contingent on council budget approval.
4.E. Authorize the First Modification to Agreement #4755 with Westway Auto Body and Paint Shop, Inc., for Vehicle Body Work, Repairs, Painting, and New Vehicle Upfitting
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) and a finding of no significant effect pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute a first modification to agreement #4755, to extend the term and in the amount of $200,000 (includes a $19,000 contingency) with Westway Auto Body and Paint Shop, Inc. (Westway), for vehicle body work, repairs, painting and new vehicle upfitting for the Public Works Department. This will result in a six-year amended agreement with a new total amount not to exceed $450,000, with future year funding contingent on Council budget approval.
4.F. Award RFP #439 for Film Permit Coordination, Permit Process Improvement, Marketing/Outreach, Notification, Monitoring, and Complaint Referral Services on Public Property, the Public Right-of-Way, and in City Facilities Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effects pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines;
2. Award RFP #439 Film Permit Coordination, Permit Process Improvement, Marketing/Outreach, Notification, Monitoring, and Complaint Referral Services to Film Santa Monica, a California-based company, to provide film permit coordination, notification, and monitoring services for filming activities on public property, the public right-of-way, and in City facilities; and
3. Authorize the City Manager to negotiate and execute an agreement with Film Santa Monica at no cost to the City over an initial term of three years with one option for renewal of two years to be exercised at the City’s sole discretion.
4.G. Approval of Third Modification of Agreement with Zones for 24x7x365 Service Desk Support
City of Santa Monica Generated: 8/6/2025 9:06 AM Page 7 Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a third modification to agreement #10887 in the amount of $226,936 with Zones, LLC (Zones) for 24x7x365 Service Desk support for the Information Services Department (ISD). This will result in a 7-year amended agreement with a new total amount not to exceed $2,215,668, with future year funding contingent on Council budget approval;
2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
4.H. Adoption of a Resolution Authorizing the Application for Grant Funds from the State of California Department of Parks and Recreation Land and Water Conservation Fund Grant Funding
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3)(Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Adopt the attached resolution authorizing the application for grant funds in the amount of $6 million from the California Department of Parks and Recreation Land and Water Conservation Fund Grant Program for the Memorial Park Expansion Project for the Public Works Department; and
3. Authorize the City Manager to execute all necessary documents to apply for the grant, accept the grant, if awarded, and accept all grant renewals, if awarded.
4.I. Adoption of Resolution Ratifying Regional Fires Emergency Proclamation and Supplements - New Item Received 7/24/2025
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.J. Adoption of Resolution Ratifying Homelessness Emergency Proclamation - New Item Received 7/24/2025
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
City of Santa Monica Generated: 8/6/2025 9:06 AM Page 8
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.K. Adoption of a Resolution Accepting the Tentative Agreements and Authorizing the City Manager to Execute Memoranda of Understanding with the Municipal Employees Association (MEA), Supervisory Team Associates (STA), and the Administrative Team Associates (ATA) - New Item Received 7/24/2025 Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15324 (Class 24 Regulations of Working Conditions) of the California Environmental Quality Act (CEQA) Guidelines;
2. Adopt the proposed Resolution (Attachment A) accepting the Tentative Agreements (TA) and authorizing the City Manager to execute Memoranda of Understanding (MOU) with the Municipal Employees Association (MEA), Supervisory Team Associates (STA), and the Administrative Team Associates (ATA);
3. Adopt the salary schedule (Attachment B); and
4. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report. (requires 5 votes)
4.L. Adoption of a Resolution Accepting the Tentative Agreement and Authorizing the City Manager to Execute a Memorandum of Understanding with the Santa Monica Firefighters Local 1109 IAFF (1109) - New Item Received 7/24/2025 Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15324 (Class 24 Regulations of Working Conditions) of the California Environmental Quality Act (CEQA) Guidelines;
2. Adopt the proposed Resolution (Attachment A) accepting the Tentative Agreement (TA) and authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the Santa Monica Firefighters Local 1109 IAFF (1109);
3. Adopt the salary schedule (Attachment B); and
4. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report.(requires 5 votes)
4.M. Adoption of a Resolution Rescheduling Regular City Council Meeting Scheduled for November 11th to November 18th - New Item Received 7/24/2025
Recommended Action
Staff recommends that the City Council approve the following:
1. Reschedule regular Council meeting scheduled for November 11, 2025, to November 18, 2025, in observance of Veterans Day, which is now an official city holiday; and
City of Santa Monica Generated: 8/6/2025 9:06 AM Page 9
2. 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.
4.N. City Council - Regular Meeting - Jun 10, 2025 5:30 PM - New Item Received 7/24/2025
5. CLOSED SESSIONS
5.A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):
John Doe 1, et al. v. City, et al; # 23STCV15009; John UNB Doe, et al. v. Doe 1, et al; # 23STCV12746; John Doe (A.G.) v. SM PAL, et al.; # 23SMCV06066; John JPC Doe v. Doe, City, et al., # 23STCV22020; John AD Doe, et al. v. City, et al; # 23STCV26548; John CW, Doe, et al. v. City, et al; # 23STCV29623; Hector Orozco v. John Doe, et al; # 23SMCV03120; John U.L.W. Doe v. City, et al; # 24STCV06768; John Doe 15, et al. v. City, et al; # 24STCV07647; John RR Doe, et al. v. City, et al; # 24STCV09398; John Doe 18, et al. v. City, et al; # 24STCV08239; John GA Doe, et al. v. City, et al; # 24STCV06484; John Doe 33, et al. v. City, et al; # 24STCV15580; John Doe 48 v. City, et al; # 24STCV15420; Joseph Garcia v. City, et al; # 24SMCV01368; John Doe 49 v. City, et al; # 24STCV19296; Jane EB Doe, et al. v. City, et al; # 24STCV24146; John DD, Doe v. City, et al; # 24SMCV04421; Jane Doe 13, et al. v. City, et al; # 24STCV27233; John AM Doe, et al. v. City, et al; # 24STCV28433; John Doe 52 v. City, et al; # 24STCV30678; John Doe 53 v. City, et al; # 24STCV31763 - New Item Received 7/24/2025
5.B. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):
City v. ICSOP, et al; OCSC # 30-2022-01261243 - New Item Received 7/24/2025
5.C. Conference with legal counsel – existing litigation – Gov. Code § 54956.9(d)(1):
Stanford Neighbors Against City Overreach v. City, et al; LASC # 24STCP02065 - New Item Received 7/24/2025
5.D. Conference with legal counsel – existing litigation – Gov. Code § 54956.9(d)(1):
Ashland Neighbors v. City, et al; LASC # 25STCP02497 - New Item Received 7/24/2025
5.E. Conference with legal counsel – existing litigation – Gov. Code § 54956.9(d)(1):
La Brea Washington Co. LLC v. City, et al; LASC # 25STCP00961 - New Item Received 7/24/2025
5.F. Public employee performance evaluation - Gov. Code § 54957(b): City Attorney; conference with labor negotiator - Gov. Code § 54957.6: City negotiator: Mayor; unrepresented employee: City Attorney/Interim City Attorney - New Item Received 7/24/2025
CITY MANAGER REPORT
TRAVEL ANNOUNCEMENT AND MAYOR'S HIGHLIGHT
City of Santa Monica Generated: 8/6/2025 9:06 AM Page 10
6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
7. STUDY SESSION
No items
8. CONTINUED ITEMS
No items
9. ADMINISTRATIVE PROCEEDINGS
No items
10. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)
No items
11. STAFF ADMINISTRATIVE ITEMS
11.A. Approval of Citywide Equity Plan
Recommended Action
Staff recommends that the City Council:
1. Receive and approve the Citywide Equity Plan;
2. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
11.B. Ebony Beach Club
Recommended Action
Staff recommends that the City Council review the materials provided by the City Attorney’s Office and provide direction to staff on next steps with the heirs of Silas White and the Ebony Beach Club nonprofit.
12. PUBLIC HEARINGS
12.A. Public Hearing and Adoption of Resolution Approving Proposed Civic Center Specific Plan Amendment; and Introduction for First Reading to Adopt the Second Amendment to the Development Agreement for RAND’s existing institutional office building located at 1776 Main Street City of Santa Monica Generated: 8/6/2025 9:06 AM Page 11 Recommended Action
Recommendation that the City Council take following actions pertaining to RAND’s headquarters building located at 1776 Main Street:
1. Adopt a finding of categorical exemption pursuant to Section 15301 of the State California Environmental Quality Act (CEQA) Guidelines (Class 1 Exemption (Existing Facilities));
2. Adopt a resolution approving a Civic Center Specific Plan Amendment; and
3. Introduce an ordinance for first reading to adopt the Second Amendment to the RAND Development Agreement.
12.B. Public Hearing and Adoption of Emergency Interim Zoning Ordinance of the City Council of the City of Santa Monica Extending and Amending Regulations Established by Emergency Interim Zoning Ordinance 2816 (CCS) to Permit the Establishment of Accessory Dwelling Units (ADUs) as Part of Projects Utilizing Senate Bill (SB) 1123 on Vacant Parcels Zoned for Single-Unit Residential, Ensure Project Feasibility of SB 1123 Projects by Providing for Certain Relaxed Development Standards, and Expand the Establishment of ADUs to All Projects Utilizing Government Code Sections 65852.28 and 66499.41 Which Includes Parcels Within Multiple-Unit Zoning District as Permitted Pursuant to SB 684
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Statutory Exemption from the California Environmental Quality Act (CEQA) pursuant to Government Code Section 65913.4.5(b) and a finding of categorical exemption pursuant to CEQA Guidelines Section 15061(b)(3).
2. Introduce and Adopt Emergency Interim Zoning Ordinance Extending and Amending the Regulations Established by Emergency Interim Zoning Ordinance 2816 (CCS) to Permit the Establishment of Accessory Dwelling Units (ADUs) as Part of Projects Utilizing Senate Bill (SB) 1123 on Vacant Parcels Zoned for Single-Unit Residential, Ensure Project Feasibility of SB 1123 Projects by Providing for Certain Relaxed Development Standards, and Expand the Establishment of ADUs to All Projects Utilizing Government Code Sections 65852.28 and 66499.41 Which Includes Parcels Within Multiple-Unit Zoning District as Permitted Pursuant to SB 684.
13. REPORTS OF BOARDS AND COMMISSIONS
No items
14. RESOLUTIONS
No items
15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND
OFFICERS
No items
City of Santa Monica Generated: 8/6/2025 9:06 AM Page 12
16. COUNCILMEMBER DISCUSSION ITEMS
16.A. Recommendation to accept Charles G. Whitaker's resignation from the Building & Fire-Life Safety Commission and authorize the City Clerk to publish the vacancy - New Item Received 7/24/2025
16.B. Request of Councilmember Natalya Zernitskaya that the City Council authorize the use of her travel funds to attend the YIMBYtown 2025 conference in New Haven, Connecticut taking place September 14-16, 2025. YIMBYtown is the premier nationwide pro-homes conference for advocates, organizers, and policymakers, offering trainings, panels, tours, speeches and networking with others around the country - New Item Received 7/24/2025
16.C. Request of Councilmember Zwick, Councilmember Raskin, and Mayor Pro Tem Torosis that the City Council direct the City Manager to return with options for revising development standards to effectively implement Housing Element Program 1.C. Despite prior best efforts, our City continues to see underutilized parking lots remain vacant on commercial corridors. Updates to development standards may be needed in order to incentivize housing projects along transit corridors and near a future “Great Park.” Specifically, additional incentives may include new zoning/ development standards for housing projects on surface parking lots associated with commercial corridors that match the zoning/ development standards of the commercial corridors they abut and removal of the requirement that new housing projects replace code-required parking at 50% - New Item Received 7/24/2025
16.D. Request of Mayor Negrete that the City Council approve waiving City fees not to exceed $15,000 for the Butterfly Brawl, a boxing, charity and entertainment event on the Santa Monica Pier on August 16, 2025. Butterfly Brawl’s mission is to combine high-level boxing, entertainment, and philanthropy in support of cancer-related causes. This year, fundraising efforts will focus on the Santa Monica Police Activities League (PAL) and the American Cancer Society that supports those affected by cancer - New Item Received 7/24/2025
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: 8/6/2025 9:06 AM Page 13 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: July 29, 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: Mitchell Kois,
Approved Forwarded to Council
Attachments:
A. Written Comments
1.A
Packet Pg. 14
1 David Yakobson
From: Ryder Coffey <[email protected]>
Sent: Tuesday, July 29, 2025 12:50 PM
To: councilmtgitems
Subject: Santa Monica Seawater Pollution
EXTERNAL
Hello, Santa Monica Counsil
My name is Ryder, I go to Santa Monica high school. I care about the quality of the beach water and the wellbeing of the sea life. Can you please put more money into helping the sea and fixing the storm drains.
Thank you, Ryder
Item 1
July 29, 2025
Item 1
July 29, 2025
1.A.a
Packet Pg. 15
Attachment: Written Comments [Revision 2] (7239 : Written Comments) 2 David Yakobson
From: Ali Bilal <[email protected]>
Sent: Tuesday, July 29, 2025 12:55 PM
To: Lana Negrete; Ellis Raskin; Dan Hall; Jesse Zwick; Caroline Torosis; Barry Snell; Natalya Zernitskaya; councilmtgitems
Subject: CLEAN OUR SM BEACHES
EXTERNAL
Hey,
I grew up going to Santa Monica and graduated Santa Monica high school and this is the first year where I’m concerned about going to the beach because of the effects of the Palisades fire so I would like to have more money going towards fixing the storm drains. Thank you! Item 1
July 29, 2025
Item 1
July 29, 2025
1.A.a
Packet Pg. 16
Attachment: Written Comments [Revision 2] (7239 : Written Comments) 3 David Yakobson
From: Nayeli Lopez <[email protected]>
Sent: Tuesday, July 29, 2025 12:57 PM
To: councilmtgitems
Subject: Santa Monica Beach Pollution
EXTERNAL
Good afternoon,
My name is Nayeli Lopez, I was born and raised in Santa Monica. I recently graduated from Santa Monica High School and am enrolled in Loyola Marymount University as a Health major. I am extremely concerned of the waste currently contaminating a very important part of attraction and part of the community. Trash is flowing into the ocean due to the lack of money and resources going into improving our storm drains. I hope to swim without worry, bring my family and friends to the beach. If this continues I worry about not only the safety of the marine animals and the environment but for the future of Santa Monica. I urge you councilmen and women to increase the budget, target and provide resources to prevent waste contaminating our environment and community. For the sake of the future generations, please vote yes to keep our oceans clean.
Thank you for your time
-Nayeli Lopez
Item 1
July 29, 2025
Item 1
July 29, 2025
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Attachment: Written Comments [Revision 2] (7239 : Written Comments) City Council
Report
City Council Meeting: July 29, 2025
Agenda Item: 2.A
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To: Mayor and City Council
From: Nikima Newsome, City Clerk, Special Agenda Items
Subject: Commendation: Community Wellbeing Leaders
Prepared By: Kennisha Williams, Administrative Staff Assistant Approved Forwarded to Council
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City Council
Report
City Council Meeting: July 29, 2025
Agenda Item: 2.B
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Special Agenda Items
Subject: Proclamation: Disability Pride Month
Prepared By: Kennisha Williams, Administrative Staff Assistant Approved Forwarded to Council
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City Council
Report
City Council Meeting: July 29, 2025
Agenda Item: 4.A
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Award Bid SP2717 and Construction Contract to Sully Miller Contracting Company for the FY 25-26 Annual Paving Project and Accept Transportation Development Act Grant
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 #SP2717 to Sully Miller Contracting Company for the FY 2025-26 Annual Paving Project for the Public Works Department;
3. Authorize the City Manager to negotiate and execute a contract with Sully Miller Contracting Company in an amount not to exceed $7,591,163 (including a 15% contingency);
4. Authorize the City Manager to accept a grant awarded in the amount of $211,000 from the Los Angeles Metro Transportation Development Act (TDA) Funds for FY 2025-26 Annual Paving Project in the Department of Transportation, and to accept all grant renewals;
5. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals; and
6. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
Summary
The Santa Monica FY 2025–26 Annual Paving Project (Project) focuses on three primary initiatives: 1) pedestrian safety improvements along Pico Boulevard between 26th Street and Centinela Avenue 2) protected bikeway on Broadway and 3) repairing and replacing damaged sidewalks throughout the Downtown area. The City’s annual paving project maintains and enhances the City’s streets by renewing and repairing
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roadway pavement, adding protected bike lanes, enhancing multimodal transportation infrastructure, and improving pedestrian accessibility. Staff recommends Sully Miller Contracting Company to provide construction services in an amount not to exceed $7,591,163 (including a 15% ($990,152) contingency).
Discussion
Street pavement improvements and sidewalk repairs align with the City’s strategic priorities of Economic Opportunity and Growth and Clean Streets and Safe Neighborhoods, by enhancing the resident and visitor experience in our Downtown areas and other neighborhoods. Additionally, the improvements support the City’s Vision Zero goal to eliminate fatal and severe injuries on our streets, reduce car dependency by providing more options to get around, and create a safe and connected network.
Street Pavement Improvements:
The City would implement two major street improvement projects aimed at enhancing multimodal safety and maintaining street infrastructure:
East Pico Safety Project - This project would address issues on a corridor identified as a high-collision area in the City’s Local Roadway Safety Plan (Attachment A). Key improvements include:
• Implementing quick-build enhancements, such as high-visibility crosswalks, paint and post curb extensions, a speed feedback sign, hardened centerlines, updated signage and roadway markings.
• Relocating west bound bus stops at the intersections of 33rd Street and Dorchester Ave.
• Implementing a right-turn-only treatment from Dorchester Avenue to Pico Boulevard.
• Resurfacing roadways to address pavement deterioration and improve longevity (26th Street to Centinela Avenue).
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Broadway Protected Bike Lane Project - This project would enhance Broadway between Ocean Avenue and 26th Street to support comfortable low-stress biking and walking.
The project improvements would include:
• Upgrading existing bike lanes to protected bike lanes using concrete barriers and flexible posts (5th Street to 26th Street).
• Roadway resurfacing to address pavement deterioration and improve ride quality and longevity of the street.
• Improving pedestrian crosswalks with yield markings, flashing beacons, and signage.
• Traffic calming and daylighting around intersections to improve visibility, encourage slower right turns, and reduce conflicts.
• Parking changes resulting in approximately 15% loss in on-street parking. Permit parking would not be impacted.
• Loading zones would be added to accommodate demand at the curb. • Westbound Bus/Bike Only Lane from 5th Street to Ocean Ave to improve bus operations and reliability.
• Left-turn traffic signal upgrade at Broadway and 5th Street for northbound leftturns.
Sidewalk Repairs:
In addition to roadway improvements, the City is prioritizing sidewalk repairs to enhance pedestrian accessibility and safety. The Project would repair sidewalk, curbs, gutters, and driveways at various locations in the Downtown area. These repairs align with the City’s strategic priorities of Economic Opportunity and Growth in the Downtown area.
These improvements aim to enhance the pedestrian experience and support the City’s broader goals of maintaining a walkable, inclusive, and accessible urban landscape.
Vendor Selection
Bidder Recommendation
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Best Bidder Sully Miller Contracting 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
Submittals Received
Sully Miller Contracting Company $6,601,011.20
Hardy & Harper, Inc $6,700,000.00
Palp Inc dba Excel Paving Company $6,870,038.40
Bid Data
Date
Posted Posted On
Advertise In
(City Charter &
SMMC)
Vendors
Downloaded
Submittals
Received
Date Publicly
Opened
04/24/25 City's Online
Bidding Site
Santa Monica Daily
Press 57 3 05/28/25
Best Bidder Justification
The evaluation team, including members from Public Works Engineering and the Street Services Project Development Group recommends awarding the contract to Sully-Miller Contracting Company. As the lowest responsible bidder, Sully-Miller was determined to be the best bidder based on its competitive bid price, proven ability, capacity, and skill to perform paving services, and its demonstrated capacity to complete the contract within the specified timeframe. In addition, Sully-Miller has sufficient financial resources to support the project and holds a strong reputation within the industry.
Public Outreach
Throughout the design process, the City conducted extensive community outreach and engagement to fully understand roadway safety issues and community concerns and identify project implementation challenges.
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Community outreach for the East Pico Safety Project began in Fall 2023 with a corridor Walk Audit and the launch of the project’s interactive Social Pinpoint mapping website.
Members of the East Pico Safety Project team conducted in-person outreach at local businesses on the corridor during Small Business Saturday as well as at the Virginia Avenue Park Farmer’s Market and the West Side Foodbank’s Holiday Turkey Distribution Event. The project team hosted an in-person Pop-Up Event on May 18, 2024, that provided residents with opportunities to learn about the project, share their perspectives, demonstrate the 33rd Street bus stop relocation with a temporary relocation, and contribute to shaping the design of the quick build safety improvements.
In addition to outreach events, the project team distributed two rounds of fliers and established a Community Advisory Committee (CAC) comprised of community group representatives, residents, and business owners.
The City initiated community outreach for the Broadway Protected Bike Lane Project at the outset of the design process in October 2023. Efforts included in-person meetings, online presentations, and door-to-door flyers along Broadway. An interactive web map was also launched on the project website to gather additional feedback on desired improvements and existing challenges. Community members, neighborhood associations, businesses, advocates, City departments, and other key stakeholders were actively engaged and helped shape the design.
Construction is expected to begin in fall of 2025 and last approximately twelve months.
Prior to and during construction, the contractor would distribute notifications to adjacent properties detailing the project scope, construction schedule, and potential street closures and coordinate with residents to maintain access to the properties. Social media would be utilized to notify the public about general construction updates.
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
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of existing or former use. This project would repave existing City streets, 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.
Past Council Actions
Meeting Date Description
10/13/2020
(Attachment B)
Adoption of Resolution for Protected Bikeway Network
Priorities and Bike Action Plan Amendment
Financial Impacts and Budget Actions
Staff seeks authority to accept a grant from LA Metro Transportation Development Act (TDA) Funds and recommends the following budget amendment.
FY 2025-26 Grant Budget Amendment
Establish Revenue Budget Appropriate Funds
Account Number Amount CIP Account Number Amount
20600003.404190 $211,000 C2004600.689260 $211,000
If renewals are awarded, budget changes will be included in subsequent year budgets, contingent on Council budget approval.
Staff seeks authority to appropriate additional funds from the Special Revenue Source Fund. The appropriation would include $100,000 from two separate Developer Agreement restricted reserve accounts. Approval of the recommended actions requires the following budget amendment.
FY 2025-26 CIP Budget Amendment
Additional Appropriation of Funds Requested
Release Fund Balance Appropriate Funds
Account
Number(s) Amount Account Number(s) Amount
10.366632 $50,000 C1004600.689000 $50,000
10.366633 $50,000 C1004600.689000 $50,000
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Total $100,000
Staff seeks authority to approve available funding from the Gas Tax, Local Return, General, Special Revenue, and Miscellaneous Grants Funds to award a contract to Sully Miller Contracting Company for construction services related to the FY 2025-26 Annual Paving Project.
Contract Request
Funding
Source
FY 2025-26
Request
Amount
CIP Account # Account
Description
Total Contract
Amount
Misc Grant -
Sustainable
Communities
Grant
$362,534 C2008520.689000
East Pico Blvd
Safety Project $362,534
Big Blue Bus $100,000 C6004780.689000 Bus Stop
Amenities $100,000
Misc Grant -
Broadway
Measure M
$882,405 C2008140.689290
Broadway
Bikeway (5th-
26th)
$882,405
Special
Revenue - FB -
Res-Palmetto
DA
$188,000 C1005720.689000
Fourth Street
Bike
Connection $188,000
Misc. Grant –
Transportation
Development
Act, Article III
$211,000 C2004600.689260 Annual Paving
TDA
$211,000
Special
Revenue - TIF $ 301,586 C1004600.689000
TIF – FY 22-
23 Annual
Paving
$401,586
Gas Tax Fund $2,585,724 C2604600.689610.98931
FY 24-25
RMRA Street
Repair
$2,585,724
Local Return –
Prop C $900,000 C2704600.689130.21053 FY 24-25Annual Paving $900,000 Local Return –
Measure M $800,000 C2704600.689110.21053 FY 24-25Annual Paving $800,000 Local Return –
Measure R $409,914 C2704600.689120 FY 25-26 Annual Paving $409,914
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Water Fund $250,000 C5004600.689000 FY 25-26
Annual Paving $250,000
Wastewater
Fund $250,000 C5104600.689000 FY 25-26 Annual Paving $250,000 General Fund $250,000 C0104600.689000 FY 25-26
Annual Paving $250,000
$7,491,163 Total $7,591,163
Future year funding is contingent on Council budget approval.
Prepared By: Jonathan Maldonado, Civil Engineering Associate Approved Forwarded to Council
Attachments:
A. Attachment A - Local Road Safety Plan
B. October 10, 2020 Staff Report (Web Link)
C. Oaks_Initiative Form
D. Levine_Act
E. Written Comments
F. Powerpoint Presentation
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Attachment A - Local Road Safety Plan (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Oaks_Initiative Form [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Oaks_Initiative Form [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Oaks_Initiative Form [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Levine_Act (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Levine_Act (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Levine_Act (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Levine_Act (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project)
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Attachment: Levine_Act (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 1 Mitchell Kois
From: Caro Vilain <[email protected]>
Sent: Monday, July 28, 2025 1:32 PM
To: Jesse Zwick; Natalya Zernitskaya; Caroline Torosis; Dan Hall; Ellis Raskin; Barry Snell; Lana Negrete; councilmtgitems
Cc: Oliver Chi
Subject: Item 4A
Follow Up Flag: Follow up
Flag Status: Flagged
EXTERNAL
Dear Council,
As a resident who you know cares deeply about the safety and accessibility of our streets, and all the other issues these intersect with, I urge you to take item 4A as an opportunity to set a precedent for how we handle such projects.
It is my understanding that some "concerns" have been raised around the relocation of a bus stop as part of the East Pico project, and I hope you realize how the benefits of this change largely outweigh these unfounded fears. This bus stop relocation is a minor change that will enhance the experience of thousands of students, workers, residents, visitors,... who are often left behind when we decide how to design our streets. If we're not willing to remove 3 out of 150 parking spots in a city that we know is overparked, because one business is unwilling to "sacrifice" a small amount of convenience for the greater good, do we really have Vision Zero and sustainability goals? There is no such thing as unlimited right-of-way, and the mistakes we've made in the past when it comes to road design require us to now take away some of the over-convenience drivers are accustomed to. We simply can't continue to let fear of change dictate these projects.
The fact that such a basic, quick build project is taking so long is also quite concerning. It appears that a significant portion of that time was spent addressing minor community concerns. While community input is relevant and can help improve projects, excessive attention to it can undermine them, as seen with the projects in this item.
Regarding Broadway, the addition of a protected bike lane is a major improvement that we should all be proud of and looking forward to.
We set out goals to achieve Vision Zero by 2026 and to achieve carbon neutrality by 2050. The bike amendment plan, approved in 2020, is crucial to achieving both of these goals. There is no way around significantly changing how people get around our city if we want to accomplish these goals.
While there is no doubt that a network of protected bike lanes will help us get there, how we design these bike lanes will determine the impact of this network.
Item 4-A
July 29, 2025
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July 29, 2025
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Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 2 If we design lanes that are only comfortable and efficient when used by a small minority of road users, only a small minority of road users will use them. If we truly care to see more people getting around using active transportation in our city, we must design a network that caters to this goal.
Santa Monica has a lot going for itself when it comes to safe streets. We are fortunate to have a small, yet motivated, intelligent, and qualified mobility team that has already implemented more safe street infrastructure than most of the region. There is also no lack of guidelines and data when it comes to designing safe multimodal streets. Additionally, the community is very supportive of these measures, as shown by the council that they elected and by the overwhelming support for Measure K.
And yet, it seems like concerns are coming from all parties (supporters of the project, council, staff, and the usual and unavoidable complainers).
The project's supporters are frustrated because it is clear that many major compromises were made to try to please the naysayers who don't yet understand how these projects benefit us all, regardless of how we get around. Staff end up spending a significant portion of their time responding to complaints rather than focusing on designing the best possible project based on well-crafted guidelines. The council finds itself having to approve projects as they are, or risk losing funding. And the people who are afraid of change will still find ways to complain, despite all the sacrifices made for their convenience.
I urge you all to approve the East Pico project as recommended by staff and to use your best judgment in moving forward with Broadway, taking into account the potential impact on funding, staff, and other projects, while maintaining our overarching Vision Zero and sustainability goals.
I hope we can all learn from this and start to rethink our processes. These projects are fantastic opportunities to make our city safer, more accessible, more affordable, and more livable, if we're willing to see their full potential, rather than continuously compromising in the face of fear. Let's reconsider where and when we get community input, and how much of it we really need. Let's ensure our staff can focus on designing projects based on up-to-date, high-standard guidelines, rather than worrying about how they might be criticized by the very people whose lives they are improving, if not saving.
Thank you,
Caro Vilain, 90404
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
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Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 3 Mitchell Kois
From: DUSTIN SHAHAN <[email protected]>
Sent: Sunday, July 27, 2025 8:11 PM
To: councilmtgitems
Subject: RE: Council Item 4A -- Support East Pico Safety Project Follow Up Flag: Follow up
Flag Status: Flagged
EXTERNAL
Council Comments Council Comments,
Dear Mayor Negrete and Councilmembers,
I agree with the views of Santa Monica Forward, shared below.
We write to express our strong support for the East Pico Safety Project. These improvements will make it easier for everyone who travels the corridor to get around, whether they travel on foot, bike, bus or car. In particular, we support implementing the bus stop relocation as proposed.
We thank staff for the extensive community outreach on this project. These improvements will help uplift Pico as a place we live and visit by improving crosswalks, enhancing transit safety, and calming excessive speeding. This will make sure Pico can be so much more than just a corridor that drivers cut through, and allow Pico to thrive as a heart of our community.
While we support the East Pico Safety Project as a quick build project, we would like to see an eastbound bus lane implemented in this corridor in the future. A bus lane would increase speeds for the BBB 7 route (links below) and is deeply needed.
Sincerely,
Dustin Shahan
90401
DUSTIN SHAHAN
[email protected]
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
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Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 4 Santa Monica, California 90401
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
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Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 5 Mitchell Kois
From: Carter Rubin <[email protected]>
Sent: Sunday, July 27, 2025 8:14 PM
To: councilmtgitems
Subject: RE: Council Item 4A -- Support East Pico Safety Project Follow Up Flag: Follow up
Flag Status: Flagged
EXTERNAL
Council Comments Council Comments,
Dear Mayor Negrete and Councilmembers,
I agree with the views of Santa Monica Forward, shared below.
We write to express our strong support for the East Pico Safety Project. These improvements will make it easier for everyone who travels the corridor to get around, whether they travel on foot, bike, bus or car. In particular, we support implementing the bus stop relocation as proposed.
We thank staff for the extensive community outreach on this project. These improvements will help uplift Pico as a place we live and visit by improving crosswalks, enhancing transit safety, and calming excessive speeding. This will make sure Pico can be so much more than just a corridor that drivers cut through, and allow Pico to thrive as a heart of our community.
While we support the East Pico Safety Project as a quick build project, we would like to see an eastbound bus lane implemented in this corridor in the future. A bus lane would increase speeds for the BBB 7 route (links below) and is deeply needed.
Sincerely,
Carter Rubin
[email protected]
Santa Monica, California 90404
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
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Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 6 Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
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Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 1 Mitchell Kois
From: Santa Monica Forward <[email protected]> Sent: Friday, July 25, 2025 3:02 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Natalya Zernitskaya; Barry Snell; councilmtgitems
Subject: Council Item 4A -- Support East Pico Safety Project Follow Up Flag: Follow up
Flag Status: Flagged
EXTERNAL
Dear Mayor Negrete and Councilmembers,
On behalf of Santa Monica Forward, we write to express our strong support for the East Pico Safety Project.
These improvements will make it easier for everyone who travels the corridor to get around, whether they travel on foot, bike, bus or car. In particular, we support implementing the bus stop relocation as proposed.
We thank staff for the extensive community outreach on this project. These improvements will help uplift Pico as a place we live and visit by improving crosswalks, enhancing transit safety, and calming excessive speeding. This will make sure Pico can be so much more than just a corridor that drivers cut through, and allow Pico to thrive as a heart of our community.
While we support the East Pico Safety Project as a quick build project, we would like to see an eastbound bus lane implemented in this corridor in the future. A bus lane would increase speeds for the BBB 7 route (links below) and is deeply needed.
Sincerely,
Brad Ewing and Carl Hansen
Co-Chairs, Santa Monica Forward
Staff Report:
https://santamonicacityca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1198&MediaPosition= &ID=3490&CssClass=
SMDP Coverage: https://smdp.com/news/bus-only-lanes-could-reduce-congestion-officials-say/ --
We are working for a diverse, progressive, sustainable and equitable Santa Monica.
SantaMonicaForward.org
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
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Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 2 Mitchell Kois
From: April DS <[email protected]>
Sent: Friday, July 25, 2025 2:53 PM
To: councilmtgitems
Subject: Support for Item 4a
Follow Up Flag: Follow up
Flag Status: Flagged
EXTERNAL
Dear Councilmembers,
As a Santa Monica resident and voter, I write in support of item 4a to enhance safety in the Pico corridor and via protected bike lanes on Broadway.
Thank you for supporting these important projects.
Sincerely,
April De Stefano
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
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Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 1 Mitchell Kois
From: Auguste Miller <[email protected]>
Sent: Saturday, July 26, 2025 12:13 AM
To: councilmtgitems
Subject: tem 4A _ Yes to protected bike lanes _ Fwd: Take the Friendly Road: Summer Updates on your Local Mobility News
EXTERNAL
Yes to protected bike lanes, but why does it take over a year to start putting them in? Should be expedited!
Best,
Auguste Miller
---------- Forwarded message ---------
From: City of Santa Monica <[email protected]> Date: Fri, Jul 25, 2025 at 9:01 AM
Subject: Take the Friendly Road: Summer Updates on your Local Mobility News To: <[email protected]>
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.
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Broadway Protected Bike Lanes and East Pico Safety Improvements Take a Step Toward Construction
At the Tuesday, July 29 City Council meeting, City Council will consider the construction contract for the East Pico Safety Project and Broadway Protected Bike Lanes as part of the Fiscal Year 2025-2026 Annual Repaving projects. If approved, the projects will begin construction along with other roadway maintenance activities.
The East Pico Safety project is anticipated to begin construction in November of 2025; and the Broadway Projected Bike Lanes project is anticipated to begin in late winter 2026.
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
4.A.e
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Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 2 If you are as excited as we are for these projects, you can share your support and comments with City Council by emailing: [email protected] by Monday, July 28. Be sure to reference Item 4A which you can read here.
Wilshire Blvd & 16th Street - New Traffic Signal Installed The City has completed the installation of a new traffic signal at Wilshire Boulevard and 16th Street. The project also includes refreshed crosswalk markings, upgraded street lighting, and curb extensions at all four corners to improve pedestrian visibility. These enhancements support a more walkable and accessible experience for those traveling along Wilshire Blvd.
For more information about this project please visit santamonica.gov - Wilshire Boulevard Safety Enhancements
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.
People for Bikes Ranks Santa Monica
The City of Santa Monica scored in the 92nd percentile in People for Bikes’ annual ranking of bicycle network scores for midsized cities. Their score evaluates our network’s connectivity with retail, recreation, transit, and other core services. The City is committed to expanding our infrastructure to continue providing a range of multi-modal options for all community members.
Sepulveda Transit Corridor Draft EIR
Metro has released its Draft Environmental Impact Report (EIR) for the Sepulveda Transit Corridor Project which aims to evaluate alternatives for a high-quality, reliable transit service option connecting the San Fernando Valley and the Westside. The 90-day comment period will end on August 30, 2025.
A hard copy of the Sepulveda Transit Corridor Project Draft Environmental Impact Report Executive Summary Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
4.A.e
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Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 3 is available in English and Spanish at the Main Library Information Desk (601 Santa Monica Blvd.), as well as the Pico Branch Customer Service Desk (2201 Pico Blvd.) during open hours.
Comments will be accepted throughout the comment period via the following methods:
Comment form
Email: [email protected]
Project information line: 213.922.7375
U.S. Mail: Peter Carter, Metro, One Gateway Plaza, MS 99-22-6, Los Angeles, CA 90012 Digital Public Hearing
Date: Wednesday, August 6, 2025
Time: 11:30 AM to 1:00 PM
Webinar Link: https://bit.ly/STC-Aug6
Webinar ID: 827 5651 8473
Call in Number: 213.338.8477
Westwood Public Hearing
Date: Thursday, August 7, 2025
Time: 5:30 PM to 7:30 PM (Presentation will began at 6PM) Location: Westwood United Methodist Church
10497 Wilshire Blvd., Los Angeles, CA 90024
More information about this project and other information sessions can be found here:
https://www.metro.net/projects/sepulvedacorridor/
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Automated Bus Lane Enforcement (ABLE) Begins in Santa Monica Big Blue Bus is launching Automated Bus Lane Enforcement (ABLE) to deter illegal parking in bus lanes and bus stops! Illegal parking prevents transit riders from reaching their destinations on time and makes boarding Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
4.A.e
Packet Pg. 70
Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 4 unsafe and inaccessible. ABLE uses forward-facing camera systems mounted behind the bus windshield to automatically detect instances of parking violations, and Big Blue Bus has equipped 10 of its buses with this technology.
The warning period began on July 1, 2025, a warning notice will be issued to drivers illegally parked in transit lanes and stops in Santa Monica. Starting September 1, 2025, drivers will receive a parking citation for violations detected on these routes. For more information, visit bigbluebus.com/able.
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Santa Monica DOT's Prohibition Order Program Begins August 1 Beginning Friday, August 1, 2025, the Santa Monica Department of Transportation (DOT) will launch its new Prohibition Order Program, enabling Big Blue Bus to take stronger action in promoting safety and adherence to its Customer Code of Conduct. The Prohibition Order Program enhances public safety onboard Big Blue Bus buses and at bus stops through the issuance of prohibition orders. Customers who commit a criminal act or routinely violate Big Blue Bus’s Customer Code of Conduct may soon be temporarily suspended from riding Big Blue Bus. Learn more about Big Blue Bus’s Prohibition Order Program and Customer Code of Conduct at BigBlueBus.com.
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Big Blue Bus Service Changes Take Effect August 10
Big Blue Bus is rolling out even more service improvements beginning Sunday, August 10, 2025. Thanks to Big Blue Bus’s Brighter Blue initiative, riders will soon be able to enjoy more frequent service on multiple routes, including Route 3 and Route 7, with trips every 10 minutes or better during weekday peak hours.
Riders will also benefit from an expanded Route 43 and the addition of midday and weekend service.
Additional service enhancements include the much-anticipated return of Route 9, a seamless connection to the new LAX/Metro Transit Center via Route 3, where you can access free shuttles to SoFi Stadium for NFL games, and new bus shelters and bus stop amenities brought to you by Big Blue Bus’s Better Blue Bus Stops program. To learn more about these service changes and how your commute may be impacted, visit BigBlueBus.com.
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
4.A.e
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Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 5 SAVE THE DATE
Get Your Kicks on Santa Monica Boulevard
The Santa Monica Boulevard Safety Study project team is hitting the road with a community open house event! Cruise down historic Route 66 and explore the proposed safety upgrades for Santa Monica Boulevard.
From new crosswalks to scramble intersections, check out what’s in the works to make the road safer for everyone — and don’t forget to share your feedback along the way.
Santa Monica Boulevard Safety Study - Open House Meeting Date: Saturday, September 6, 2025
Time: 10:00 AM to TBD
Location: Santa Monica Family YMCA
MCA Community Room
1332 6th Street, Santa Monica, CA
For more information, please visit the project website at www.santamonica.gov/mobility-projects/santamonica-blvd-safety-study.
Friendly Spotlight
Highlighting multi-modal options throughout the City, we invite you to share why you choose to walk, bike, or bus throughout the city.
Interested in being featured in the upcoming Take the Friendly Road newsletter? Email a photo and a quote to [email protected].
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
4.A.e
Packet Pg. 72
Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 6 To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.
Copyright © 2025 City of Santa Monica, All rights reserved.
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Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
4.A.e
Packet Pg. 73
Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 7 Mitchell Kois
From: [email protected]
Sent: Friday, July 25, 2025 11:30 AM
To: councilmtgitems
Subject: Protected bike lanes
EXTERNAL
To Whom it May Concern,
Just so you know these lanes like on Ocean Ave and 17th are an absolute nightmare for a handicaped passenger. My 91yo husband using a walker has to go up over the barrier, then down then up again to arrive at the meter. Also, we have to be 18" from the curb inorder to have feet on the ground to stand up. And on 17th this puts us dangerously near the driving lane and difficult to open driverside door. I hate these "improvements" and find them very UNFRIENDLY. I can only imagine that the same person responsible for this idea must have had a hand in replacing the useful bus benches with those rediculuous toadstools and inadaquate sun shades. If you want to know how I really feel, send me a note.
Jane Urmston
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
4.A.e
Packet Pg. 74
Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 8 Mitchell Kois
From: Aram Kadish <[email protected]>
Sent: Friday, July 25, 2025 10:18 AM
To: councilmtgitems
Subject: Upgrades to bike lanes, side walks and cross walks on Lincoln, Pico, Broadway and all other roads
EXTERNAL
I find it outrageous that in this time of financial melt down, the city is prioritizing ripping up perfectly functioning infrastructure to upgrade it to only a minimally improved state and many times functionally worse condition. Can't these projects be wait listed until the absolutely necessary projects (water filtration, road and pot hole repair, fire resilience, etc.) be completed and we have extra money for these extraneous and unnecessary projects?
Aram
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
4.A.e
Packet Pg. 75
Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 1 Mitchell Kois
From: Sam Shapiro-Kline <[email protected]>
Sent: Saturday, July 26, 2025 3:51 PM
To: Natalya Zernitskaya; Jesse Zwick; Barry Snell; Ellis Raskin; Lana Negrete; Caroline Torosis; Dan Hall; councilmtgitems; Santa Monica City Manager's Office; Oliver Chi Subject: 4A: Please Pause Approval for Greater Transparency Follow Up Flag: Follow up
Flag Status: Completed
EXTERNAL
Councilmembers,
Please pull item 4A from the consent calendar, and table its approval until there can be a public presentation of the Broadway Protected Bike Lane design & public input.
This is a significant transportation project for the city, however:
1. The design has not been published for the public to view
2. Council has not had an opportunity to ask questions about tradeoffs inherent in the design
3. No alternatives have been presented to council for a "Policy Decision" Personally, I might be in favor of a design that enhances the experience for bicyclists more so than what is currently proposed, however I cannot state that affirmatively because there has been no opportunity for the community to see what the design will be or learn about the tradeoffs! Thanks,
Sam Shapiro-Kline
Vice Chair, Santa Monica Forward
90403
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
4.A.e
Packet Pg. 76
Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 2 Mitchell Kois
From: Nic Duquette <[email protected]>
Sent: Saturday, July 26, 2025 11:22 AM
To: councilmtgitems
Subject: Support for item 4A transportation investments Follow Up Flag: Follow up
Flag Status: Completed
EXTERNAL
Hello,
I cannot attend the July 29 city council meeting because of my other obligations, but want to voice my enthusiastic support for item 4A, which will expand the physically separated bike lane on Broadway and make other safety improvements.
My family and I live in Santa Monica at Arizona and Stanford, and regularly use Broadway for a commute to downtown SM and for recreation. While we do bike on this corridor often, the painted lanes are often not safe enough for comfort during rush hour or after dark, and we drive or take BBB 1 instead. Concrete barriers and other safety features improvements would allow us to be come bicycle-first road users and we hope you will approve the measure.
Thank you,
Nic
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
4.A.e
Packet Pg. 77
Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 3 Mitchell Kois
From: Auguste Miller <[email protected]>
Sent: Saturday, July 26, 2025 12:13 AM
To: councilmtgitems
Subject: tem 4A _ Yes to protected bike lanes _ Fwd: Take the Friendly Road: Summer Updates on your Local Mobility News
Follow Up Flag: Follow up
Flag Status: Completed
EXTERNAL
Yes to protected bike lanes, but why does it take over a year to start putting them in? Should be expedited!
Best,
Auguste Miller
---------- Forwarded message ---------
From: City of Santa Monica <[email protected]> Date: Fri, Jul 25, 2025 at 9:01 AM
Subject: Take the Friendly Road: Summer Updates on your Local Mobility News To: <[email protected]>
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
Broadway Protected Bike Lanes and East Pico Safety Improvements Take a Step Toward Construction
At the Tuesday, July 29 City Council meeting, City Council will consider the construction contract for the East Pico Safety Project and Broadway Protected Bike Lanes as part of the Fiscal Year 2025-2026 Annual Repaving projects. If approved, the projects will begin construction along with other roadway maintenance activities.
The East Pico Safety project is anticipated to begin construction in November of 2025; and the Broadway Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
4.A.e
Packet Pg. 78
Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 4 Projected Bike Lanes project is anticipated to begin in late winter 2026.
If you are as excited as we are for these projects, you can share your support and comments with City Council by emailing: [email protected] by Monday, July 28. Be sure to reference Item 4A which you can read here.
Wilshire Blvd & 16th Street - New Traffic Signal Installed The City has completed the installation of a new traffic signal at Wilshire Boulevard and 16th Street. The project also includes refreshed crosswalk markings, upgraded street lighting, and curb extensions at all four corners to improve pedestrian visibility. These enhancements support a more walkable and accessible experience for those traveling along Wilshire Blvd.
For more information about this project please visit santamonica.gov - Wilshire Boulevard Safety Enhancements
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.
People for Bikes Ranks Santa Monica
The City of Santa Monica scored in the 92nd percentile in People for Bikes’ annual ranking of bicycle network scores for midsized cities. Their score evaluates our network’s connectivity with retail, recreation, transit, and other core services. The City is committed to expanding our infrastructure to continue providing a range of multi-modal options for all community members.
Sepulveda Transit Corridor Draft EIR
Metro has released its Draft Environmental Impact Report (EIR) for the Sepulveda Transit Corridor Project which aims to evaluate alternatives for a high-quality, reliable transit service option connecting the San Fernando Valley and the Westside. The 90-day comment period will end on August 30, 2025.
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
4.A.e
Packet Pg. 79
Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 5 A hard copy of the Sepulveda Transit Corridor Project Draft Environmental Impact Report Executive Summary is available in English and Spanish at the Main Library Information Desk (601 Santa Monica Blvd.), as well as the Pico Branch Customer Service Desk (2201 Pico Blvd.) during open hours.
Comments will be accepted throughout the comment period via the following methods:
Comment form
Email: [email protected]
Project information line: 213.922.7375
U.S. Mail: Peter Carter, Metro, One Gateway Plaza, MS 99-22-6, Los Angeles, CA 90012 Digital Public Hearing
Date: Wednesday, August 6, 2025
Time: 11:30 AM to 1:00 PM
Webinar Link: https://bit.ly/STC-Aug6
Webinar ID: 827 5651 8473
Call in Number: 213.338.8477
Westwood Public Hearing
Date: Thursday, August 7, 2025
Time: 5:30 PM to 7:30 PM (Presentation will began at 6PM) Location: Westwood United Methodist Church
10497 Wilshire Blvd., Los Angeles, CA 90024
More information about this project and other information sessions can be found here:
https://www.metro.net/projects/sepulvedacorridor/
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.
Automated Bus Lane Enforcement (ABLE) Begins in Santa Monica Big Blue Bus is launching Automated Bus Lane Enforcement (ABLE) to deter illegal parking in bus lanes and Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
4.A.e
Packet Pg. 80
Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 6 bus stops! Illegal parking prevents transit riders from reaching their destinations on time and makes boarding unsafe and inaccessible. ABLE uses forward-facing camera systems mounted behind the bus windshield to automatically detect instances of parking violations, and Big Blue Bus has equipped 10 of its buses with this technology.
The warning period began on July 1, 2025, a warning notice will be issued to drivers illegally parked in transit lanes and stops in Santa Monica. Starting September 1, 2025, drivers will receive a parking citation for violations detected on these routes. For more information, visit bigbluebus.com/able.
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.
Santa Monica DOT's Prohibition Order Program Begins August 1 Beginning Friday, August 1, 2025, the Santa Monica Department of Transportation (DOT) will launch its new Prohibition Order Program, enabling Big Blue Bus to take stronger action in promoting safety and adherence to its Customer Code of Conduct. The Prohibition Order Program enhances public safety onboard Big Blue Bus buses and at bus stops through the issuance of prohibition orders. Customers who commit a criminal act or routinely violate Big Blue Bus’s Customer Code of Conduct may soon be temporarily suspended from riding Big Blue Bus. Learn more about Big Blue Bus’s Prohibition Order Program and Customer Code of Conduct at BigBlueBus.com.
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.
Big Blue Bus Service Changes Take Effect August 10
Big Blue Bus is rolling out even more service improvements beginning Sunday, August 10, 2025. Thanks to Big Blue Bus’s Brighter Blue initiative, riders will soon be able to enjoy more frequent service on multiple routes, including Route 3 and Route 7, with trips every 10 minutes or better during weekday peak hours.
Riders will also benefit from an expanded Route 43 and the addition of midday and weekend service.
Additional service enhancements include the much-anticipated return of Route 9, a seamless connection to the new LAX/Metro Transit Center via Route 3, where you can access free shuttles to SoFi Stadium for NFL games, and new bus shelters and bus stop amenities brought to you by Big Blue Bus’s Better Blue Bus Stops program. To learn more about these service changes and how your commute may be impacted, visit BigBlueBus.com.
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
4.A.e
Packet Pg. 81
Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 7 SAVE THE DATE
Get Your Kicks on Santa Monica Boulevard
The Santa Monica Boulevard Safety Study project team is hitting the road with a community open house event! Cruise down historic Route 66 and explore the proposed safety upgrades for Santa Monica Boulevard.
From new crosswalks to scramble intersections, check out what’s in the works to make the road safer for everyone — and don’t forget to share your feedback along the way.
Santa Monica Boulevard Safety Study - Open House Meeting Date: Saturday, September 6, 2025
Time: 10:00 AM to TBD
Location: Santa Monica Family YMCA
MCA Community Room
1332 6th Street, Santa Monica, CA
For more information, please visit the project website at www.santamonica.gov/mobility-projects/santamonica-blvd-safety-study.
Friendly Spotlight
Highlighting multi-modal options throughout the City, we invite you to share why you choose to walk, bike, or bus throughout the city.
Interested in being featured in the upcoming Take the Friendly Road newsletter? Email a photo and a quote to [email protected].
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
4.A.e
Packet Pg. 82
Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 8 To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.
Copyright © 2025 City of Santa Monica, All rights reserved.
You are receiving this email because you subscribed to get updates from the City of Santa Monica.
Our mailing address is:
City of Santa Monica
1685 Main St
Santa Monica, CA 90401-3248
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Click Here to subscribe to this newsletter.
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You can update your preferences or unsubscribe from this list.
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
4.A.e
Packet Pg. 83
Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 1 Mitchell Kois
From: Connor Webb <[email protected]>
Sent: Monday, July 28, 2025 5:38 PM
To: councilmtgitems; Lana Negrete; Jesse Zwick; Dan Hall; Natalya Zernitskaya; Barry Snell; Ellis Raskin; Caroline Torosis
Subject: Item 4A- Support the East Pico Safety Project
EXTERNAL
Dear Council,
I strongly support the East Pico Safety Project. The proposed improvements are beneficial to anyone who lives, works, or visits in the corridor. In particular, far side bus stop relocations are beneficial to transit and transit users by improving reliability and improving travel times, and should be implemented as proposed. At 33rd/Urban specifically, the intersection geometry means a far-side stop also has a significant safety benefit by preventing buses from obstructing the crosswalk at stops.
Staff has done extensive outreach on this project with very limited funding. It will upgrade crossings, enhance transit, and improve overall safety on the corridor. The project uplifts Pico and adds investment, opportunity, and access to the only Metro Equity Focus Community (EFC) in Santa Monica.
Notably, the section of Pico between 18th and Centinela is responsible for more lost passenger time than any other segment in the Big Blue Bus network within the City at 4,300 hours annually. (Data from the 2019 Staff Report 3490: Strategies to Increase Big Blue Bus Ridership by Improving Travel Times). It was already approved for a peak-hour bus lane in 2019 by council, and I would like to see this move forward ASAP.
Importantly, the adjacent section of Pico in the city of LA is designated in their Mobility plan as a peakhour bus lane, and will therefore be required by Measure HLA to be upgraded during the next resurfacing.
Last resurfacing was in 2005 for LA's portion, so it will likely be implemented within the next 5 years.
We should be planning to incorporate peak-hour lanes in Santa Monica as well.
However, the far-side stop relocations are still a worthwhile improvement and synergistic with future transit lanes, in addition to the benefits from other proposed safety changes. Please approve this contract.
Thank you,
Connor Webb
90404
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
4.A.e
Packet Pg. 84
Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 2 Mitchell Kois
From: rowan sullivan <[email protected]>
Sent: Monday, July 28, 2025 8:18 PM
To: councilmtgitems
Subject: Item 4A - Broadway Protected Bike Lanes
EXTERNAL
Hi Santa Monica City Council,
I love the protected bikes lanes that you’ve acƟoned so far in our beauƟful city and am looking forward to seeing the construcƟon start on Broadway. It will provide an important protected East-West corridor that is currently lacking in our current bike path system! I’m also eager to see construcƟon start on the 11th street protected bike lanes too as I use this route frequently cycling my kids to daycare and pre-school! Please make it happen and make it happen sooner than the 2026 Ɵmeline!
Thank you so much!
Rowan Sullivan and Family
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
4.A.e
Packet Pg. 85
Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 3 Mitchell Kois
From: Sam Edwards <[email protected]>
Sent: Monday, July 28, 2025 11:47 AM
To: councilmtgitems
Subject: RE: Council Item 4A -- Support East Pico Safety Project
EXTERNAL
Council Comments Council Comments,
Dear Mayor Negrete and Councilmembers,
I agree with the views of Santa Monica Forward, shared below.
We write to express our strong support for the East Pico Safety Project. These improvements will make it easier for everyone who travels the corridor to get around, whether they travel on foot, bike, bus or car. In particular, we support implementing the bus stop relocation as proposed.
We thank staff for the extensive community outreach on this project. These improvements will help uplift Pico as a place we live and visit by improving crosswalks, enhancing transit safety, and calming excessive speeding. This will make sure Pico can be so much more than just a corridor that drivers cut through, and allow Pico to thrive as a heart of our community.
While we support the East Pico Safety Project as a quick build project, we would like to see an eastbound bus lane implemented in this corridor in the future. A bus lane would increase speeds for the BBB 7 route (links below) and is deeply needed.
Sincerely,
Sam Edwards
[email protected]
Santa Monica, California 90405
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
4.A.e
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Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 1 Mitchell Kois
From: JONES HODUR <[email protected]> Sent: Tuesday, July 29, 2025 11:31 AM
To: councilmtgitems
Subject: Item 4a
Follow Up Flag: Follow up
Flag Status: Flagged
EXTERNAL
Dear Council members,
I am an smc student who lives in Culver City, a few miles away from Santa Monica. I commute by bike or public transit to school, taking the metro and then the bus, biking to the nearest bus stop, or biking all the way to campus.
Having better access to these methods of transportations is huge. It’s often been a concern of mine of when I should take classes because they’ll be impossible to get to, or how I can socialize with friends after school because my travel options often feel dangerous or limited.
Increasing my options not only offers me peace of mind, but also gives me more ability to spend more time in Santa Monica, going to more local restaurants with friends or doing my work at coffee shops instead of at home.
Thank you for your time,
Jones Hodur, student.
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
4.A.e
Packet Pg. 87
Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 2 Mitchell Kois
From: AMANDA SHANE <[email protected]> Sent: Tuesday, July 29, 2025 11:12 AM
To: councilmtgitems
Subject: Support for Item 4a: July 29th Meeting
Follow Up Flag: Follow up
Flag Status: Flagged
EXTERNAL
Dear Santa Monica City Council
My name is Amanda and I am a student at Santa Monica College. My main form of transportation to college is by bus and bike, everyday maneuvering through LA streets, and finding the best bike routes to get to school safely. The difference between a protected bike lane, separated from cars by physical barriers is incredibly important to me and I am very supportive of item 4a. Instead of hoping as I bike pass the parked cars to my right and speeding cars to my left that someone doesn't open their door, a protected bike lane would mean I would have a safer mode of transportation and Broadway would be a more accessible road for everyone. I live off of Venice Boulevard, and I remember when they first implemented the new bike lanes with parked cars acting as a barrier from traffic. Since they've been put in, walking on Venice feels safer, and it's more pleasant. Anytime I'm biking and pass by a store or business that looks interesting, I can easily hop off my bike and head in to the store. Having protected bike lanes puts the focus on the community; on making transportation accessible, safe, and easy.
I am also in support of the change to the bus stop on Pico. Pedestrian safety should be prioritized and this proposal would help to ensure that when using a bus, that the design makes sense for pedestrians and drivers.
Please support item 4a to ensure that LA continues to become a model for public transportation and bike safety.
Thank you
-Amanda Shane
[email protected]
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
4.A.e
Packet Pg. 88
Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 3 Mitchell Kois
From: Cynthia Rose <[email protected]>
Sent: Tuesday, July 29, 2025 10:55 AM
To: councilmtgitems; Council Mailbox; Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Dan Hall
Cc: Oliver Chi; Anuj Gupta; Colleen E. Stoll; Jason Kligier; [email protected] Subject: Support Agenda Item 4A: East Pico and Broadway Safety Projects - annual repaving Attachments: 2025-07 Support Agenda Item 4A SM Spoke SaMoSSA E Pico-Broadway.pdf Follow Up Flag: Follow up
Flag Status: Flagged
EXTERNAL
Dear Mayor Negrete, Mayor Pro Tem Torosis and Santa Monica City Council Members:
Please find attached our letter from Santa Monica Spoke and the Santa Monica Safe Streets Alliance in full support of implementation of the East Pico Blvd. Safety Project and the Broadway Protected Bike Lanes with the approval of the Construction Contract to Sully Miller Contracting Company in the FY 25- 26 Annual Paving Project and Acceptance of the Transportation Development Act Grant. --
Cynthia Rose
Director
Santa Monica Spoke
SMSpoke.org
I acknowledge with respect and gratitude the Tongva, Kizh, and Chumash Peoples on whose traditional territory I live and work.
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
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Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) A community group dedicated
to biking and walking in Santa Monica.
Working to make the
City of Santa Monica a
more sustainable,
bikeable & walkable place to live, work and play.
July 29, 2025
RE: Support Agenda Item 4A: East Pico and Broadway Safety Projects Dear Mayor Negrete, Mayor Pro Tem Torosis and City Council Members:
Santa Monica Spoke and the Santa Monica Safe Streets Alliance are writing in full support of implementation of the East Pico Safety Project and the Broadway Protected Bike Lanes with the approval of the Construction Contract to Sully Miller Contracting Company in the FY 25-26 Annual Paving Project and Acceptance of the Transportation Development Act Grant.
Broadway has always been a key corridor in Santa Monica’s bike network – protected infrastructure on Broadway is a long awaited, welcome and, dare we say, overdue upgrade on this key corridor – building beyond our initial green paint upgrade in 2014 and the more recent protected lanes installed in 2020 between 15th and 20th. We look forward to celebrating the completion of this important spine in our (protected) bike lane network that is welcoming and safe for all ages and abilities and will encourage safe and healthy active transportation options for everyone — beyond driving a car.
Though we enthusiastically support this project, we must also acknowledge that Santa Monica continues to defer to policies that prioritize car dominance and car priority planning. We cannot continue with the status quo of 1950’s auto-centric planning that prioritizes speed and auto driver “convenience” over safety. We encourage Council to engage and work with Staff to identify and mitigate these policies and roadblocks that continue to make our collective vision of safety improvements for our most vulnerable road users an uphill challenge.
We enthusiastically support the East Pico Boulevard Safety Improvements that will make it safer and easier for everyone who travels the corridor to get to their destinations, whether it be by walking, biking, bus or car. Implementing the bus stop relocation as proposed is an important component to improving sightline visibility thereby improving pedestrian safety as well as implementing critical best practices for bus efficiency. This section of East Pico Boulevard is identified in the City’s Vision Zero plan as a priority corridor for safety improvements and is one of Santa Monica’s 10% sections of the City Streets that represent 50% of fatal and severe traffic injuries occurring in the City.
Safety improvements are urgently needed: in Santa Monica people walking and biking are disproportionately impacted by traffic violence. People walking and biking are involved in 18% of traffic collisions, yet represent 70% of fatal traffic injuries and 59% of severe traffic injuries. This section of Pico Boulevard has a significant amount of pedestrian activity corresponding with the high concentration of stores, restaurants, and a busy full service grocery store.
We partnered with Staff in early 2017 as part of MANGo extensions where an attempt was made to introduce a discussion of safety improvements on the East Pico corridor at an Open House at High Place, Community Corp of Santa Monica, January 2017. The improvements were well received by attendees until just a few loud voices, who arrived at the end of the Open House, objected to being “inconvenienced” with some of the proposed draft improvements (Pico Boulevard/30th and Street/ Dorchester Avenue intersections). Those safety improvements were then stalled and “withheld until further consultation.”
It is perilous to stall further safety measures. Eight pedestrians/cyclists were killed by drivers of motor vehicles in 2017 — ("The Statistics Behind Santa Monica's Pedestrian Deaths," May 11, 2017). Then Item 4-A
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Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) tragically on October 13, 2020 -- a woman – beloved community resident was fatally struck in the crosswalk at Pico Boulevard and Stewart Street by a person driving a car. These preventable tragedies have severely injured and killed with far reaching impacts to everyone. These deaths and life altering injuries change our community and forever alter the lives of friends and loved ones left behind in the wake of these preventable severe and fatal injuries. Our first priority MUST be the safety of our community.
Santa Monica Spoke and the Santa Monica Safe Streets Alliance worked in coordination with the City in a community based advisory role supporting the East Pico project outreach and evaluation — assisting the City in a walk audit and several community workshops. We participated on the Community Action Committee (CAC) for the East Pico Project along with community group representatives, residents, and business owners. We thank Staff for the extensive community outreach on this project.
These safety improvements will help uplift East Pico as a place where we live, work and play by improving crosswalks, enhancing transit safety, and calming excessive speeding. This can work toward making sure East Pico can be so much more than just a corridor that drivers blindly speed through to get in and out of Santa Monica, and allow East Pico to thrive as a flourishing heart in our community. This project is an example of how we must prioritize safe and friendly commercial districts that protect our most vulnerable people walking, biking and taking the bus as we edge towards our climate and safety goals.
The safety improvements in these two projects move us closer to an envisioned network of safer streets, not only supporting Santa Monica’s Vision Zero and the Climate Action and Adaptability Plan but also our environmental sustainability goals to reduce traffic volumes and encourage walking, biking and transit use by increasing safety and comfort on all corridors in Santa Monica and creating neighborhood connectivity to local destinations and schools. The message this sends to current and future generations is that climate actions are made real with safe, climate-sensible infrastructure for a resilient present and future. To make this authentic we must ensure safe pedestrian and bike movements for our most vulnerable road users. Integrating these safety improvements into our annual paving creates efficiencies and synergy to reinforce our collective community and City commitment for a more environmentally sustainable and resilient future where everyone has safe and easy access to public transit, and choices for healthy, active mobility to walk, bike or roll for recreation and for their daily needs. Improving street safety for all road users and improving bus travel times are key and help create a more diverse, equitable and safe transportation system. We support the Broadway and East Pico Improvements and thank Staff, the CAC and the consultants for their work.
We trust the Council will move swiftly and vote to approve this item as proposed. The safety of our community and everyone who visits Santa Monica – indeed our lives – are at stake.
Sincerely,
Cynthia Rose
Director, Santa Monica Spoke Cris Gutierrez
Co-Chair, Santa Monica Safe Street Alliance Co-Chair, Santa Monica Safe Streets Alliance SMSpoke.org
SaMoSafeStreets.org
PDF Attachments:– 2020 East Pico SM Safe Streets Alliance (grant support letter) Item 4-A
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Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 4 Mitchell Kois
From: Dylan Neumeyer <[email protected]>
Sent: Tuesday, July 29, 2025 10:55 AM
To: councilmtgitems
Subject: Item 4A
Follow Up Flag: Follow up
Flag Status: Flagged
EXTERNAL
Dear Santa Monica City Council,
I am a Santa Monica resident, and student at Santa Monica College, and I fully support safer streets and the new proposed changes to the Pico and Broadway bike lanes and bus stops. I don't have a car. I traverse this city on the bus and my bike, and I rely on our bike lanes and bus infrastructure to do this safely and comfortably. I use the Broadway bike lanes every day, and it would be a massive improvement to my, and many others', commute if the bike lanes were protected for the whole length, from 5th to 26th street. Santa Monica has good bike infrastructure, but it deserves to be better.
Pico is a dangerous but important thoroughfare, and improvements are definitely needed. The buses are also integral to the students of Santa Monica college who use the BBB system en masse, especially the 7, and the bus stops are a weak point for Big Blue Bus right now. Bus stops take up very little space, and if anything, having a bus stop on a heavily used line which actually provide these businesses with greater exposure. We should not let a couple businesses jeopardize the transportation and safety of hundreds of people.
Sincerely,
Dylan Neumeyer
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Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 5 Mitchell Kois
From: Ferris Kawar <[email protected]>
Sent: Tuesday, July 29, 2025 10:12 AM
To: councilmtgitems
Subject: Item 4a
Follow Up Flag: Follow up
Flag Status: Flagged
EXTERNAL
Dear Mayor Negrete and Council members,
I live and work in Santa Monica. My main mode of getting to work, running errands and taking my kids to school is by bike. The City has done a wonderful job making it feel safer for cyclists and I welcome the additional protection the Broadway Bike lane project will bring.
Thank you
Ferris Kawar
90405
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Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) 6 Mitchell Kois
From: Ferris Kawar <[email protected]>
Sent: Tuesday, July 29, 2025 10:02 AM
To: councilmtgitems
Subject: Item 4a
Follow Up Flag: Follow up
Flag Status: Flagged
EXTERNAL
Dear Mayor Negrete and Council members,
I’m a resident of Sunset Park and a frequent user of businesses around Pico and 33rd. My family and I do a lot of walking, biking and bus riding so I know the need for the proposed safety updates. I welcome them and hope you do too.
Even the prevention of one collision or death is worth any inconvenience that the changes may have to some in the area.
Thank you
Ferria Kawar
90405
Sunset Park resident.
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Attachment: Written Comments [Revision 1] (6963 : Award RFB No. SP2717 FY 25-26 Annual Paving Project) Consent Calendar Item 4A
Award of Contract to Sully
Miller Contracting Company
Santa Monica City Council
July 29, 2025
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Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual Background
• City’s FY 2025/26 annual paving project includes three key objectives o Repairing damaged sidewalks throughout Downtown (20% of project) o Installing pedestrian safety improvements along Pico (20% of project) o Implementing protected bikeways on Broadway (60% of project) • For the past 18 months, staff has engaged a robust work effort to facilitate thoughtful design solutions for both Pico and Broadway • An overview of both the Pico and Broadway projects has been prepared in response to questions received by Staff
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Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual East Pico Blvd Safety Enhancement Project
Kyle Kozar, Principal Transportation Planner
Mobility Division, SMDOT
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Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual Project Overview
• Funded by Southern California Association
of Governments (SCAG) - $800,000
• 27th St to Centinela Ave • Robust data analysis and community engagement process coordinated
• Implements a “Quick Build” construction
approach
• Coordinating this project with Public Works
FY 2025-2026 Annual Repaving because
the corridor was due to be repaved and for
administrative efficiency.
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Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual Targeted Corridors for Improved Travel Times
Source: Staff Report
#3490 – Strategies
to Increase Big Blue
Bus Ridership by
Improving Travel
Times, 12/10/2019
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Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual Roadway Design Strategy
Completed 2022
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Packet Pg. 100 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual Public Outreach
• Saturday, October 7, 2023 - Walk Audit, 3101 Pico Blvd • Thursday, November 16, 2023 - Santa Monica Mobile Food Pantry, 2200 Virginia Ave • Saturday, November 25, 2023 – Trader Joe’s, 3212 East Pico Blvd • Saturday, December 2, 2023 - Virginia Park Farmers Market, 2200 Virginia Ave • Saturday, May 18, 2024 - Kit of Parts Demonstration, 3301 Pico Blvd. • Community Advisory Committee - 8/28/23, 2/28/24, 8/14/24 • Monthly Take The Friendly Road Newsletters
• October to December 31, 2023 - Interactive Social Pinpoint Map, online • Project Website with Information About Project and Contact Info • Project Postcards, May 9, 2024 – 3,700+ mailed to all properties within ¼ mile Item 4-A
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Packet Pg. 101 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual • Social Pinpoint Map:
Over 350 Comments
• Highlighted: • Speeding • Dangerous Crossing • Risky Roadway Behavior Public Outreach
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Packet Pg. 102 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual Types of Treatments
Curb Extensions Speed Feedback
Sign
High Visibility Crosswalks
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Packet Pg. 103 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual Relocation of Bus Stop @ Pico / 33rd Street
• The project includes a planned relocation of an existing bus stop at Pico / 33rd Street, to a location north of Urban Avenue on Pico • The relocation addresses a number of current conflict and safety issues
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Packet Pg. 104 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual • WB buses could wait up to
2 cycle lengths to re-enter
the flow of traffic.
• Buses cause a number of
conflict points and visibility
obstructions and disrupt
the flow of traffic while
merging into green light
traffic flow.
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Packet Pg. 105 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual • Stopped buses obstructs
visibility for NB vehicles of
pedestrians trying to cross
in the western leg of the
intersection.
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Packet Pg. 106 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual Planned Bus Stop Relocation – Pico / 33rd Street
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Packet Pg. 107 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual • WB buses will clear the
intersection before pulling
over for passenger
boarding. Will be able to
merge back into the flow of
traffic while traffic is
stopped at the red light
• Removes visibility
challenges and conflict
points.
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Packet Pg. 108 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual • Removes visibility
challenges and conflict
points.
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Packet Pg. 109 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual Business Visibility Concerns
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Packet Pg. 110 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual • WB buses could wait up to
2 cycle lengths to re-enter
the flow of traffic.
• Buses cause conflict points
and disrupt the flow of
traffic while merging into
green light traffic flow.
• Removes some, but not all,
of the visibility challenges
and conflict points.
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Packet Pg. 111 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual Bus Stop Recommended @ Pico / Urban
Avenue
• The alternative location for the bus stop assessed by staff, while an improvement from the current condition, would still create a situation with a number of conflict points and safety concerns
• Accordingly, after review of available options and considering the visibility concerns raised by the businesses, staff continues to recommend that the bus stop be relocated on Pico just west of Urban Avenue
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Packet Pg. 112 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual Next Steps
• Contract to Award the 24-25 Annual Repaving
Project (includes East Pico) - July 29, 2025
• Construction Start ~November 2025
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Packet Pg. 113 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual July 29, 2025
BROADWAY PROTECTED
BIKE LANE PROJECT
FROM 5TH TO 26TH STREETS
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Packet Pg. 114 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual PROTECTED BIKE LANES SET TO BE INSTALLED!
BROADWAY FROM 5th to 26th
• After more than 18 months of outreach and design work, the City is ready to install permanent protected bike lanes along the length of Broadway, from 5th to 26th
• The project includes reconstructing the street with the following updated design:
o 6-foot bike lane
o 3-foot buffer
o 8-foot parking lane
o 11-foot travel lane
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Packet Pg. 115 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual 56’
56’
6’ 3’ 8’ 11’ 11’ 8’ 3’ 6’
PROJECT DESIGN
BROADWAY FROM 5TH TO 26TH STREETS
Planned Cross-Section
Existing Cross-Section
*Bike lane is 7’ wide between
Cloverfield Bl and 26th St
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Packet Pg. 116 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual
DESIGN DEVELOPED THROUGH ROBUST PROCESS
BROADWAY FROM 5th to 26th
• Design Considerations and Inputs
• Existing Physical Conditions on Broadway
• Extensive Community and Stakeholder Outreach
• Internal City review and considerations – including SMPD and Fire, along with Mobility, BBB, PW
• Broadway Protected Bike Lanes Pilot Project – 16th to 20th St., implemented in 2020, adjusted in 2023
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Packet Pg. 117 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual • Santa Monica Fire Department - 10/10/2023 & 11/07/2024 • Pico Neighborhood Association - 10/11/2023 7PM
• Mid-City Neighborhood Association – 10/17/2023 7PM
• Broadway Merchants Flyer Distribution - 10/2023
• Interactive Online Feedback Map –10/2023 to 12/2023 (96 comments and 796 upvotes) • Santa Monica Resource Recovery & Recycling Division - 10/25/2023 • Downtown Santa Monica Inc (DTSM) - 11/2/2023
• Santa Monica Spoke – 11/12/2023
• Safe Streets for 17th St & Michigan Ave Ribbon Cutting - 12/2/2023 • Santa Monica Police Department - 11/26/2024
• National Night Out – 8/6/2024 & 8/5/2025
• Bike Month Events – 5/2024 & 5/2025
• State of the City – 7/17/2025
OUTREACH ACTIVITY
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Packet Pg. 118 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual
LESSONS LEARNED
BROADWAY FROM 16th to 20th Pilot Segment • The Pilot Project involved 7-foot wide bike lanes, 3 -foot buffers, 7-
foot parking lanes, all set against 11-foot travel lanes • That design resulted in multiple lessons learned, including: o Operational challenges regarding Public Safety’s ability to navigate the corridor.
o Regular occurrences of side swipes and vehicle mirrors getting clipped.
o Complaints from three childcare facilities that parents were unable to get toddlers in and out of car seats safely.
o Complaints from older adults and people with disabilities about challenges getting in and out of parked cars.
o Challenges opening parked car doors creating hazards. • These “lessons learned” influenced our design of reducing the bike lane width to 6-feet, and increasing the parking lane to 8-feet.
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Packet Pg. 119 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual
IMPORTANT CONSIDERATIONS
BROADWAY BIKE LANE PROJECT MODIFICATIONS
• Considerations re: Staff Recommended Design vs. Potential Modifications o Roadway Striping
o Public Safety Vehicle Clearance / Turning Radii
o Parking Tradeoffs and Conflicts of Narrow Parking Lane o Experience from 2020 Broadway Pilot
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Packet Pg. 120 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual
IMPACTS OF REDESIGN
Trade-off Considerations:
• Visibility (Daylighting)
• Further parking loss
• Public Safety response and review
• Additional Community Engagement
• Impacts to other priorities
• Further impacts to pavement quality
• Schedule encroachment on 2028 Olympics
• Project is being coupled with the re-paving
of Broadway Ocean Ave – 5
th St. and BikeBus Markings
LEVEL OF TRADE OFF
CONSIDERATION
TIMELINE COST
FULL REDESIGN Would reconsider all trade-offs to
try and minimize negative impacts
and communicate issues with
internal and external stakeholders
~6-12 Months Design
~12-14 Months to start
Construction
Approx. $150,000
- $200,000
Funding not
identified
QUICK DESIGN Would not balancing minimize
trade-offs like parking loss,
emergency response, and
community engagement around
impacts
~3-4 Months Design
~6-8 Months to start
Construction
Approx. $75,000 -
$125,000
Funding not
identified.
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Packet Pg. 121 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual
CURRENT SCHEDULE AND NEXT
STEPS
Visit the project webpage to learn more
santamonica.gov/mobility-projects/broadway-safety-project or contact [email protected]
Fall 2023
Design and
Outreach
Early 2024
Pilot Area
Modifications to be
Installed
April 2025
Final Design May/June 2025
Bid & Award
Early 2026
Construction
Anticipated to Begin;
Ongoing Engagement
and Notification
Construction 2026
Construction
Anticipated to last ~12
Months
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Packet Pg. 122 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual
STAFF RECOMMENDATION
BROADWAY BIKE LANE PROJECT
• Staff recommends that the City Council move forward with the Broadway Bike Lane Project as currently designed, with 6-foot bike lanes, a 3-foot buffer, an 8- foot parking lane, and an 11-foot travel lane.
• Alternatively, the City Council could also direct the following:
o Advance the Broadway Bike Lane Project with adjustments to maximize available bike lane width, utilizing an expedited redesign process.
o Advance the Broadway Bike Lane Project with adjustments to maximize available bike lane width, utilizing our traditional redesign process.
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Packet Pg. 123 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual Blank
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Packet Pg. 124 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual
REQUEST RECEIVED TO WIDEN BIKE LANES
CONSIDER 7-FOOT OR 8-FOOT WIDE BIKE LANES
• Staff has received feedback from various parties interested in seeing the installation of protected bike lanes on Broadway
• Some advocates have requested that the City consider a revised design that includes expanded bike lane widths
• Rather than pursue the project with 6-foot wide bike lanes, suggestions have been received that we consider installing either 7-foot or 8-foot wide bike lanes
• The additional width for the bike lane could be gained by reducing the parking lane (from 8-feet down to 7-feet), or by reducing the travel lane (from 11-feet down to 10- feet)
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Packet Pg. 125 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual
REDESIGN OPTIONS / IMPACTS
BROADWAY FROM 5
TH TO 26TH STREETS
• With those consideration outlined, the City Council could direct that staff implement the Broadway bike lane project with an expanded bike lane width of 7-feet or 8-feet
• Such a change could also be instituted via an expedited design process that would not involve any additional outreach / analysis, to facilitate moving the project forward immediately
• The tradeoff though to doing this quickly would mean an inability to fully vet / understand the impacts of a reduced-width travel lane and / or reduced-width parking lane
• Another option would be to redesign the entire project with 7-foot or 8- foot bike lanes, which utilizing our existing vetting / review processes would take ~8 months to design
• This option would delay construction by 12-18 months, but would result in a more thorough assessment of the redesigned project Item 4-A
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Packet Pg. 126 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual Business Visibility Concerns Raised • Staff was contacted by businesses located by the relocated bus stop,
who identified concerns related to
visibility issues
• In response, staff did assess other
possible locations for the bus stop
relocation
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Packet Pg. 127 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual
CONSIDERATIONS OF REDESIGN
BROADWAY FROM 19th St to 19th Ct
Pilot Configuration:
7ft Bike lanes, 3 ft Buffer, 7ft Parking Lanes, 11 ft Travel Lanes Project Configuration:
6ft Bike lanes, 3 ft Buffer, 8ft Parking Lanes, 11 ft Travel Lanes Item 4-A
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Packet Pg. 128 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual 0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Mid-day Evening Midnight
Key Finding:
Parking occupancy is relatively high on Broadway during the mid-day weekday peak-hour (72%) Note: the non-permit area includes all
publicly available spaces in the study
area without a residential permit
restriction, including Broadway.
Broadway Weekday
Broadway Weekend
Non-Permit Weekday
Non-Permit Weekend
Entire Study Area Weekday
Entire Study Area Weekend
85% Occupancy
The 85% occupancy
threshold can be used as
an indicator for when
parking begins to feel full.
PARKING OCCUPANCY
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Packet Pg. 129 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual Note: the parking inventory displayed does not
include permit-restricted spaces and is only
showing publicly available parking spaces.
Permit parking will not be impacted.
MID-DAY PEAK - WEEKDAY
Key Finding:
Some areas may have higher demand than others, but there are parking spaces available withing 1-2 blocks of the hot spots during the mid-day weekday peak period.
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Packet Pg. 130 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual
CHANGES IN PARKING INVENTORY
SPACES TO BE REMOVED/ADDED DUE TO PROJECT
Note: Some blocks will have spaces removed and
others will have spaces added. Overall, there will
be about a 15% loss in parking.
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Packet Pg. 131 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual Back up Slides
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
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Packet Pg. 132 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual 3 Components ▪Pico b/w 26th and Centinela ▪20% ▪Broadway ▪60% ▪Sidewalks repairs in Downtown ▪20% Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
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Packet Pg. 133 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual Pavement Condition Index (PCI) ▪ Pico 36-60 ▪ Broadway ▪ City Average - 73 Item 4-A
July 29, 2025
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Packet Pg. 134 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual Parking on Pico
Estimated Meter Parking Occupancy Rates
• No block face sees
average occupancy
above 30% in any time-
period, weekday or
weekend
• North side of Pico is
slightly busier but never
exceeds 30% in any
period.
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
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Packet Pg. 135 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual Collision History • Data from 2015 – 2021 • 1 Fatality • 1 Severe Injury • 9 Injuries • 3 Complaints of Pain
• 86% of collisions are
at intersections
Item 4-A
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Packet Pg. 136 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual Three Components in the Bid ▪Pico b/w 26th and Centinela ▪20% ▪Broadway b/w Ocean and 26th ▪60% ▪Sidewalks repairs in Downtown – 44,000SF ▪20% Item 4-A
July 29, 2025
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July 29, 2025
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Packet Pg. 137 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual Pavement Condition Index (PCI) ▪ Pico poor to fair (36-60) ▪ Broadway poor to fair (29-66) ▪ City Average - very good - (73) (2022 data)
Item 4-A
July 29, 2025
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July 29, 2025
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Packet Pg. 138 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual Contract Award
▪ Evaluation of Bids based on sum of all 3 Projects.
▪ Bid posted in April and opened in May 2025
▪ Construction Costs increase 9-14% per year
Item 4-A
July 29, 2025
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July 29, 2025
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Packet Pg. 139 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual Reasons to Proceed
▪ Economic Opportunity and Growth and Clean Streets and Safe Neighborhoods ▪ Repair sidewalks in downtown,
▪ Avoid additional staff time patching and inspecting
▪ Reduce risk
▪ Repair pavement on Broadway and Pico
▪ Reduce future repair costs
▪ Reduce risks
▪ Avoid additional patching
▪ Costs
▪ Grant
Item 4-A
July 29, 2025
Item 4-A
July 29, 2025
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Packet Pg. 140 Attachment: Powerpoint Presentation (6963 : Award RFB No. SP2717 FY 25-26 Annual City Council
Report
City Council Meeting: July 29, 2025
Agenda Item: 4.B
1 of 6
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Architecture Services Subject: Approval of Professional Services Agreement with Stantec Architecture, Inc. for the Santa Monica Department of Transportation Charging Infrastructure Project
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemptions pursuant to Section 15262 and Section 15301 of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute an agreement with Stantec Architecture, Inc. for professional design services for the Santa Monica Department of Transportation Charging Infrastructure Project for the Public Works Department in an amount not to exceed $1,150,000 (including a 10% contingency) for a five-year term with two additional one-year renewal options with future year funding contingent on Council budget approval. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(b).
Summary
The Santa Monica Department of Transportation (SMDOT) developed the Charging Infrastructure Plan, a phased master plan for the transition to a Zero Emission Bus (ZEB) fleet and implementation of supporting infrastructure by 2030. SMDOT is advancing the construction of the SMDOT Charging Infrastructure Project that would upgrade existing facilities to support the planned (ZEB) fleet. In October 2024, SMDOT was awarded a $53.28 million grant through the state’s Transit and Intercity Rail Capital Program (TIRCP) Cycle 7. This funding enables the project to move forward and fully supports the completion of all seven phases of the master plan, covering additional design services, construction, the purchase of 73 new battery-electric buses, and
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expanded service and workforce training for electrification infrastructure. With grant funding secured, staff recommends awarding an agreement with Stantec to provide professional design services, specifically additional construction document deliverables, bid support, and construction administration services, in an amount not to exceed $1,150,000 (including a 10% contingency) for a five-year term with two additional oneyear renewal options. This agreement does not include the performance of construction work, which will be completed under a separate contract. This recommended award is made as an exception to the competitive bidding process pursuant to Section
2.24.250(b).
Discussion
SMDOT’s transition to a fully electric fleet aligns with the City’s Climate Action and Adaptation Plan (CAAP), adopted by City Council in May 2019. The CAAP aims to reduce citywide carbon emissions by 80% below 1990 levels by 2030 and to achieve carbon neutrality by 2050 or sooner.
Transitioning the Big Blue Bus (BBB) fleet to a ZEB fleet by 2030 required the development of a comprehensive master plan to guide phased infrastructure upgrades across the BBB campus. In January 2020, the City contracted with Stantec Architecture, Inc. (Stantec) to develop the Charging Infrastructure Plan, a phased master plan for transitioning to a fully ZEB fleet and implementing the required infrastructure at the SMDOT Maintenance Facility.
The upgrades identified in the Master Plan are essential to construct the required charging equipment and related electrical infrastructure while maintaining a safe and operational bus yard, ensuring uninterrupted road operations of all bus routes during implementation. The Charging Infrastructure Plan outlines a seven-phase implementation strategy, along with 100% design development plans. On September 28, 2021, Council approved a first modification to the agreement with Stantec to prepare complete construction documents and provide permitting services for Phases 2, 3, and
4. These services have been completed, and the agreement has since expired.
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Bidding support and construction administration services for this project were always anticipated but were not quantifiable until the completion of the master plan. Following the completion of the master plan, SMDOT staff successfully applied for and secured grant funding through the state’s TIRCP Cycle 7. The awarded funds in the amount of $53.28 million fully support construction through completion of Phase 7. This includes expanding BBB’s charging infrastructure to accommodate up to 122 battery-electric buses by upgrading the site’s electrical systems, installing new charging equipment, constructing three new overhead support structures for electrical distribution and charging reels, and restriping of the bus yard.
During the development of the design for the SMDOT Maintenance Facility, the City coordinated with Southern California Edison (SCE) to determine the best approach to serve the power needs of the facility. The most suitable approach necessitated a customer-built strategy and required the development of specialized specifications to guide project delivery. As a result, additional construction document deliverables are needed to support this technical and regulatory coordination.
As the original designer of the infrastructure master plan, Stantec possesses an indepth understanding of the project’s history, objectives, challenges, and evolution. Their detailed knowledge of the system design, technical requirements, BBB operational requirements, grant obligations, and coordination protocols—particularly with SCE’s infrastructure upgrade scope and SCE Charge Ready program—makes them uniquely capable to provide the required Division 1 Specifications and construction document deliverables, bid support, and construction administration services for this project. The TIRCP grant includes detailed milestones and deadlines, and Stantec has consistently demonstrated the ability to meet deliverables on schedule. Their role during the construction phase would be instrumental in maintaining project momentum and supporting the City’s grant compliance efforts. Therefore, staff recommends awarding an agreement with Stantec for this work as their involvement is critical to ensuring continuity, the timely execution of infrastructure upgrades necessary for the City’s transition to a fully ZEB fleet by 2030, and successful delivery of this complex project.
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Vendor Selection
Exception to Competitive Bidding
Staff recommends Stantec to provide professional design services as an exception to competitive bidding per Santa Monica Municipal Code Section 2.24.250 (b).
Competition does not reasonably exist because Stantec possesses the unique capability to meet the particular requirements of the solicitation, such as when a good or service is copyrighted, patented or otherwise only available from one license holder, including, for example, proprietary goods of original equipment manufacturers and/or their authorized exclusive distributors. As the original designer of the project, awarding an agreement to Stantec would eliminate any learning curve, optimize informed and efficient design decisions, reduce the risk of misalignment, maintain continuity in design, and minimize delays in meeting critical TIRCP grant milestones and deadlines.
Stantec’s proposed fees and rates align with those of other consultants on similar projects, confirming that the agreement remains cost-effective despite the absence of a competitive bidding process.
Past Council Actions
Meeting Date Description
06/28/16
(Attachment A)
City Council established the BBB Zero Carbon 2030 Fleet Plan, directed staff to provide an analysis outlining the steps that the City would undertake to plan, implement, and track progress toward zero carbon emissions for Big Blue Bus operations, and authorized the City Manager to negotiate and execute a Professional Services Agreement with a qualified consultant to assist BBB staff in conducting the analysis.
04/24/18
(Attachment B)
City Council directed staff to move forward with the electrification of the BBB fleet by authorizing the purchase of one Gillig batteryelectric bus, conducting a pilot program with 10 or more batteryelectric vehicles, and providing a proof-of-concept plan. 10/15/19
(Attachment C)
City Council directed staff to award RFP SP#2604 to Stantec Architecture, Inc. to provide design and planning services for the Big Blue Bus Charging Infrastructure Project and authorized the City Manager to negotiate and execute an agreement with Stantec Architecture, Inc. in the amount not to exceed $537,663 (including a 10% contingency) for two years.
09/28/21 City Council authorized City Manager to negotiate and execute a
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(Attachment D) first modification to professional services agreement #10951 (CCS), in the amount of $120,000 (including a 10% contingency) with Stantec Architecture, Inc. for additional professional design services to prepare 100% construction documents and provide permitting services for the proposed vehicle charging infrastructure outlined for implementation by 2026 in the Charging Infrastructure Plan as phases 2,3, and 4.
Environmental Review
This agreement is categorically exempt from CEQA pursuant to Section 15262 (Feasibility and Planning Studies) and Section 15301 (Existing Facilities) of the CEQA Guidelines. Section 15262 exempts a project involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded. Additionally, Section 15301 exempts projects that consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” The agreement would provide design services to upgrade existing facilities in support of a ZEB fleet by 2030. Therefore, the agreement is exempt from CEQA pursuant to Section 15262 and Section 15301 of the CEQA Guidelines.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Big Blue Bus Fund to award an agreement to Stantec Architecture, Inc. to provide professional design services for the SMDOT Charging Infrastructure Project Phases 2, 3, and 4. Future year funding is contingent upon Council budget approval.
Contract Request
FY2025-26 Budget
Request Amount
CIP Account # Contract Amount
$1,150,000 C6007240.689000 $1,150,000
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Prepared By: Brian Ochoa, CIP Project Manager
Approved Forwarded to Council
Attachments:
A. June 28. 2016 Staff Report (Web Link)
B. April 24, 2018 Staff Report (Web Link)
C. October 15, 2019 Staff Report (Web Link)
D. September 28, 2021 Staff Report (Web Link)
E. Levine Act_Stantec
F. Oaks Initiative_Stantec
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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.
NA NA NA NA ✔
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Packet Pg. 147 Attachment: Levine Act_Stantec [Revision 1] (7022 : Award Agreement with Stantec Architecture) 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 CALIFORNIATHAT THE FOREGOING IS TRUEAND 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.
William Todd Principal Stantec
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Packet Pg. 148 Attachment: Levine Act_Stantec [Revision 1] (7022 : Award Agreement with Stantec Architecture) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.
State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $500 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.
1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.
For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Contracts for goods, services, professional services that are not awarded pursuant to a competitive process
• Public street abandonments
• Private development plans
• Professional license revocations
• Rezoning of specific real estate parcels
• Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps
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Packet Pg. 149 Attachment: Levine Act_Stantec [Revision 1] (7022 : Award Agreement with Stantec Architecture)
• Zoning variances
• Vacation of a public easement across private property • Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
• Contracts entered under the City Manager’s Authority
• Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
• Contracts under $50,000
• Contracts where no party receives financial compensation • Contracts between two or more public agencies
• Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process
• Purely ministerial decisions
• General policy decisions or rules where the interests affected are many and diverse
• Ordinances and resolutions (except items like development agreements adopted by ordinance)
• Ballot measures
• Departmental policies
• Council rules
• Labor contracts and project labor agreements
• Personal employment contracts
• Allocation of resources in the City budget
2. Who is required to disclose?
A “party” to a proceeding is any person who files an application for, or is the subject of, a proceeding. In general, a person or company who applies for a permit, license, or right to use property in a particular way, which requires the City’s discretionary approval, will qualify as a party.
Parties are also required to disclose contributions by their agents. An “agent” is someone who (1) represents a party to a proceeding for compensation; and (2) appears before or otherwise communicates with the City for the purpose of influencing the pending proceeding. This can include law firms, architects, engineers, consultants, and similar entities. Both the individual and their employer or firm are considered “agents.” A party should also disclose contributions of other entities majority owned by the party, as well as contributions of any other entity whose contributions it directs or controls.
3. What must be disclosed?
A party must disclose campaign contributions over $250 made in the prior twelve months.
A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or
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Packet Pg. 150 Attachment: Levine Act_Stantec [Revision 1] (7022 : Award Agreement with Stantec Architecture)
other expenses coordinated with a candidate or committee, loans, tickets to political fundraisers, etc.
4. Who is considered an officer of the City?
An “officer” is anyone who may make, participate in making, or attempt to influence a decision in the proceeding or who exercises authority over officers who may do so. This includes elected officials, members of appointed boards and commissions, the City Manager, and any individual who is a candidate for elected office or who has been a candidate in the twelve months prior to the decision. This definition is included on the Disclosure Form.
5. When should the disclosure occur?
The Disclosure Form must be completed (1) by a party to a contract with the City (or that party’s agent) at the time the party submits a response to a Request for Proposal or other competitive solicitation, enters into contract negotiations with the City, or executes a contract with the City, whichever is earliest; or (2) by a party to a license, permit, or other entitlement proceeding before the City at the time the party (or their agent) submits the license, permit, or entitlement application to the City. The party (or their agent) must submit a supplemental form if they make any new reportable contributions while the same contract, license, permit, or other entitlement is being considered. The party (or their agent) must also use the form if they need to correct any previously submitted form.
Parties are solely responsible for completing the form accurately, and could face penalties for failure to do so. The California Fair Political Practices Commission (FPPC) is the body who enforces violations of the Levine Act. If a party is uncertain about whether they are required to report or combine a contribution, they should consult with their attorney.
Nothing herein constitutes legal advice and individuals are urged to consult with their own attorney regarding the requirements of the law. To the extent there is any inconsistency, the language of the Levine Act and FPPC Regulations govern over this notice. Resources for officers, parties, participants, and agents, are available on the FPPC’s website at https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
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Packet Pg. 151 Attachment: Levine Act_Stantec [Revision 1] (7022 : Award Agreement with Stantec Architecture)
CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.
All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.
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Packet Pg. 152 Attachment: Oaks Initiative_Stantec [Revision 1] (7022 : Award Agreement with Stantec Architecture)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY:
Bid/PO/Contract # ____________________________ Permit # ___________________________ Patrick M. McKelvey Senior Principal
7/2/2025
[email protected] (213) 955-9775
Stantec Architecture Inc.
Harris J. (Josh) Gould; Robert J. Graf: Megan Holmes; Stuart E. Lerner; Brian Reno; Gary Semling; Christoher Wilson; James Marino
Robert J. Graf - 9 common shares - 10%; Megan Holmes - 31 common shares - 34%; Stuart E. Lerner - 10 common shares - 11%; Brian Reno - 12 common shares - 13%; Gary Semling - 20 common shares - 22%; Christopher Wilson - 9 common shares - 10%
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Packet Pg. 153 Attachment: Oaks Initiative_Stantec [Revision 1] (7022 : Award Agreement with Stantec Architecture) City Council
Report
City Council Meeting: July 29, 2025
Agenda Item: 4.C
1 of 6
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Authorization of Third Modification to Agreement #11475 with Stantec Consulting Services, Inc. and First Modification to Agreement #11547 with Arcadis U.S., Inc. and for the Water Reservoir Upgrades, Seismic and Site Security Improvements
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemptions pursuant to Sections 15301 and 15302 of the CEQA Guidelines;
2. Authorize the City Manager to negotiate and execute a third modification to agreement #11475 (CCS) in the amount of $646,847 (including no additional contingency) with Stantec Consulting Services, Inc. for additional design services for the Water Reservoir Upgrade and Improvement Project for the Public Works Department. This will result in an amended agreement with a new total amount not to exceed $4,336,139, with future year funding contingent on Council budget approval;
3. Authorize the City Manager to negotiate and execute a first modification to agreement #11547 (CCS) in the amount of $318,402 (including no additional contingency) with Arcadis U.S., Inc for additional design services for the Site Security Project for the Public Works Department. This will result in an amended agreement with a new total amount not to exceed $1,163,402, with future year funding contingent on Council budget approval; and
4. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
Summary
The City of Santa Monica owns and operates four drinking water storage reservoirs (Arcadia, San Vicente, Mt. Olivette, and Riviera) with a combined storage capacity of approximately 40 million gallons to meet the water demands of the City’s residents and
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businesses. These reservoirs were built between 1924 and 1962. Council previously awarded two agreements to design necessary upgrades to comply with new regulations (including seismic), improve security, and enhance operations to maintain reliable and high-quality drinking water for the City. The design to rehabilitate and upgrade the reservoirs is about 60% completed.
During preliminary geotechnical investigations, a mapped geologic fault was identified beneath the Arcadia Reservoir. This discovery limits reconstruction options and may impact the future capacity of the reservoir. In parallel, staff and Arcadis U.S., Inc. evaluated system-wide needs and identified additional site security upgrades at the Riviera, Mt. Olivette, and San Vicente reservoirs to further safeguard the City’s water infrastructure. A second modification was needed to provide additional design services, and a third modification is now required for Stantec. Staff recommends 1) a third modification to the contract for Stantec Consulting Services, Inc., in the amount of $646,847 for the addition of geotechnical engineering services to identify the exact location of the fault running underneath the Arcadia site and determine whether the fault is active and 2) a first modification to the contract for Arcadis U.S. Inc., in the amount of $318,402 for additional site security design services.
Discussion
To support the rehabilitation of the City’s four potable water storage reservoirs additional design services are needed to 1) perform geotechnical investigations to map the fault line location at the Arcadia Reservoir site and determine if said fault is active, and 2) perform security design for additional sites identified during the assessment period, including three of the City’s largest drinking water reservoirs – Riviera Reservoir, Mt Olivette Reservoir, and San Vicente Reservoir.
Geotechnical Investigations
The final Basis of Design Report prepared by Stantec Consulting Services, Inc. presents the approximate boundary of the existing fault found on the Arcadia Reservoir site. The fault would limit or place additional costly construction requirements on over 50% of the available property area (see Figure 1 below). The existing Arcadia Reservoir
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has a capacity of approximately 5 million gallons and is over 100 years old. Due to the site restrictions caused by the approximate fault limits, the replacement reservoir is estimated at 0.5 million gallons, reducing the volume capacity of the Arcadia Reservoir by 90%.
The geotechnical field investigation would determine the precise fault location and deduce the area of land impacted by the fault. In addition to determining the exact location, the geotechnical study would also determine whether the existing fault is active or inactive. An inactive fault designation has the potential to remove site restrictions assigned to an active fault and would allow the City to reuse the existing water reservoir footprint for the proposed new reservoir and maintain the existing 5 million gallons storage capacity for the Arcadia Reservoir.
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Figure 1 –Approximate Impact area of the Santa Monica Fault on the Arcadia Water Treatment Plant Site.
Security Design
The final Basis of Design Report prepared by Arcadis U.S., Inc identifies site security improvements for all Water Resources Division’s physical assets. To develop complete construction drawings and specifications that meet the required security standards that were identified through preliminary design, an increase in the contract amount is necessary to incorporate all recommended security measures. Proposed upgrades include, but are not limited to, fencing, security cameras, lighting, badge access systems, and lock-and-key mechanisms. The Project initially included security design at only key locations; however, staff is now recommending to proceed with security improvements at all sites (including three of the City’s largest drinking water reservoirs – Riviera Reservoir, Mt Olivette Reservoir, and San Vicente Reservoir), to ensure the protection of all water infrastructure. This comprehensive approach supports the continued delivery of safe drinking water to the community and helps prevent unauthorized access or potential threats.
Past Council Actions
Meeting Date Description
August 22, 2023 Award RFP #SP2679 to Stantec Consulting Services, Inc. to provide engineering design services, develop construction documents, and provide engineering support during the
construction of the Reservoir Upgrades and Improvements Project for the Public Works Department
March 12, 2024 Award Professional Services Contract to Arcadis U.S. for Site Security Analysis & Updates to the City's Water, Wastewater, & Recycled Water Facilities
Environmental Review
The Project is categorically exempt as a Class 1 and Class 2 exemption pursuant to Sections 15301 and 15302 of the CEQA Guidelines. Section 15301 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
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existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Section 15302 exempts replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure being replaced and will have substantially the same purpose and capacity. This project would rehabilitate and upgrade four (4) existing reservoirs to comply with new regulations, improve security, and enhance operations to maintain reliable and high-quality drinking water for the City.
The improvements would consist of a comprehensive inspection and assessment of all components of the four reservoirs and the replacement of existing components with new components, without changing the existing footprint or foundations of the four reservoirs. Additionally, geotechnical investigation at the Arcadia site is necessary to determine fault line location and activity of the fault, if any. Furthermore, staff has determined that none of the Exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this project.
Financial Impacts and Budget Actions
Staff seeks authority to appropriate additional funds from the Water Fund to include additional engineering and geotechnical design services with Stantec Consulting Services, Inc.
Approval of the recommended actions require the following budget amendment.
FY 2025-26 CIP Budget Amendment
Additional Appropriation of Funds Requested
Account Number Amount
C5007620.689740 $646,847
Total $646,847
Staff seeks authority to approve available funding from the Water and Wastewater Funds to increase the contract amounts with Stantec Consulting Services, Inc. for additional engineering and geotechnical design services, and with Arcadis U.S., Inc. for expanded site security analysis and updates.
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Contract Modification Request -Stantec Consulting Services, Inc.
Agreement
#
Current
Authorized
Amount
FY 2025-26
Modified Request
Amount
CIP Account # Total Revised
Contract Amount
11475 (CCS) $3,689,292 C5007620.689000 $3,689,292
$646,847 C5007620.689740 $646,847
Total $4,336,139
Contract Modification Request - Arcadis U.S., Inc
Agreement
#
Current
Authorized
Amount
FY 2025-26
Modified Request
Amount
Dept Account # Total Revised
Contract Amount
11547 (CCS) $549,250 $206,962 50500001.552010 $756,212
11547 (CCS) $211,250 $79,600 51500001.552010 $290,850
11547 (CCS) $42,250 $15,920 51500001.529420 $58,170
11547 (CCS) $42,250 $15,920 51500001.529450 $58,170
$845,000 $318,402 TOTAL $1,163,402
Future year funding is contingent on Council budget approval.
Prepared By: Alisha Flores, Civil Engineer
Approved Forwarded to Council
Attachments:
A. August 22, 2023 Staff Report (Web Link)
B. Stantec_LevineActDisclosure
C. Stantec_OaksInitiative
D. CT 11547 - Arcadis (Site Security)
E. CT 11475 - Stantec
F. CT 11475_Mod01 - Stantec
G. Arcadis_Levine Act
H. Arcadis_Oaks Initiative
I. March 19, 2024 Staff Report (Web Link)
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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.
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Packet Pg. 160 Attachment: Stantec_LevineActDisclosure (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) 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.
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Packet Pg. 161 Attachment: Stantec_LevineActDisclosure (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.
State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $500 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.
1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.
For instance, the Levine Act applies to the following:
Building and development permits
Conditional use permits
Contracts generally (unless an exception applies):
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Contracts for goods, services, professional services that are not awarded pursuant to a competitive process
Public street abandonments
Private development plans
Professional license revocations
Rezoning of specific real estate parcels
Event permits
Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
Special district formation proceedings involving the creation of a special use or benefit to the person in the district
Tentative subdivision and parcel maps
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Packet Pg. 162 Attachment: Stantec_LevineActDisclosure (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project)
Zoning variances
Vacation of a public easement across private property
Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
Contracts entered under the City Manager’s Authority
Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
Contracts under $50,000
Contracts where no party receives financial compensation Contracts between two or more public agencies
Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process
Purely ministerial decisions
General policy decisions or rules where the interests affected are many and diverse
Ordinances and resolutions (except items like development agreements adopted by ordinance)
Ballot measures
Departmental policies
Council rules
Labor contracts and project labor agreements
Personal employment contracts
Allocation of resources in the City budget
2. Who is required to disclose?
A “party” to a proceeding is any person who files an application for, or is the subject of, a proceeding. In general, a person or company who applies for a permit, license, or right to use property in a particular way, which requires the City’s discretionary approval, will qualify as a party.
Parties are also required to disclose contributions by their agents. An “agent” is someone who (1) represents a party to a proceeding for compensation; and (2) appears before or otherwise communicates with the City for the purpose of influencing the pending proceeding. This can include law firms, architects, engineers, consultants, and similar entities. Both the individual and their employer or firm are considered “agents.” A party should also disclose contributions of other entities majority owned by the party, as well as contributions of any other entity whose contributions it directs or controls.
3. What must be disclosed?
A party must disclose campaign contributions over $250 made in the prior twelve months.
A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or
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Packet Pg. 163 Attachment: Stantec_LevineActDisclosure (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project)
other expenses coordinated with a candidate or committee, loans, tickets to political fundraisers, etc.
4. Who is considered an officer of the City?
An “officer” is anyone who may make, participate in making, or attempt to influence a decision in the proceeding or who exercises authority over officers who may do so. This includes elected officials, members of appointed boards and commissions, the City Manager, and any individual who is a candidate for elected office or who has been a candidate in the twelve months prior to the decision. This definition is included on the Disclosure Form.
5. When should the disclosure occur?
The Disclosure Form must be completed (1) by a party to a contract with the City (or that party’s agent) at the time the party submits a response to a Request for Proposal or other competitive solicitation, enters into contract negotiations with the City, or executes a contract with the City, whichever is earliest; or (2) by a party to a license, permit, or other entitlement proceeding before the City at the time the party (or their agent) submits the license, permit, or entitlement application to the City. The party (or their agent) must submit a supplemental form if they make any new reportable contributions while the same contract, license, permit, or other entitlement is being considered. The party (or their agent) must also use the form if they need to correct any previously submitted form.
Parties are solely responsible for completing the form accurately, and could face penalties for failure to do so. The California Fair Political Practices Commission (FPPC) is the body who enforces violations of the Levine Act. If a party is uncertain about whether they are required to report or combine a contribution, they should consult with their attorney.
Nothing herein constitutes legal advice and individuals are urged to consult with their own attorney regarding the requirements of the law. To the extent there is any inconsistency, the language of the Levine Act and FPPC Regulations govern over this notice. Resources for officers, parties, participants, and agents, are available on the FPPC’s website at https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
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Packet Pg. 164 Attachment: Stantec_LevineActDisclosure (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project)
CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative s requirements. You may obtain a full copy of the Initiative s text from the City Clerk.
This information is required by City Charter Article XXII Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a public benefit to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.
All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a public benefit include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a public benefit. If the public benefit is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a public benefit covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.
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Packet Pg. 165 Attachment: Stantec_OaksInitiative (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project)
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 speci of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY:
Bid/PO/Contract # ____________________________ Permit # ___________________________
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Packet Pg. 166 Attachment: Stantec_OaksInitiative (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) Corporate Information Summary Page 1 of 3
https://stantec.sharepoint.com/teams/SantaMonica2024OneWaterMasterPlan-StantecOnly/Shared Documents/Stantec Only/1.
Marketing/Forms/SCSI Directors and Officers as of 2-20-24.docx Updated: Feb 20/24
STANTEC CONSULTING SERVICES INC.
SHAREHOLDERS: Mustang Acquisition Holdings Inc. - 100%
DIRECTORS:
Stuart E. Lerner
Jeffrey P. Stone
OFFICERS:
President Gordon A. Johnston
Chief Operating Officer – North America
CEO – Engineering & Executive Vice President Stuart E. Lerner Chief Operating Officer – Global &
Executive Vice President Catherine Schefer
Chief Growth & Innovation Officer &
Executive Vice President John Take
Chief People & Inclusion Officer &
Executive Vice President Asifa Samji
Chief Practice and Project Officer &
Executive Vice President Steve Fleck
Executive Vice President Leonard Castro
Executive Vice President Marshall W. Davert Jr.
Executive Vice President David Emery
Executive Vice President Mario Finis
Executive Vice President Bjorn Morisbak
Executive Vice President Susan Reisbord
Executive Vice President Ryan Roberts
Executive Vice President Susan Walter
Senior Vice President & Chief Information
Officer Chris McDonald
Senior Vice President & Chief Technology
Officer Shankar Kalyana
Senior Vice President Paul J.D. Alpern
Senior Vice President David R. Bernier
Senior Vice President Paul R. Blaszczyk
Senior Vice President Clayton A. Bock
Senior Vice President Peter Bokor
Senior Vice President Patrick G. Corser
Senior Vice President Luke De Hayr
Senior Vice President Paul J. DeKeyser
Senior Vice President Joseph Geller
Senior Vice President Harris J. (Josh) Gould
Senior Vice President John J. Hanula
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Packet Pg. 167 Attachment: Stantec_OaksInitiative (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) STANTEC CONSULTING SERVICES INC.
Corporate Information Summary Page 2 of 3
https://stantec.sharepoint.com/teams/SantaMonica2024OneWaterMasterPlan-StantecOnly/Shared Documents/Stantec Only/1.
Marketing/Forms/SCSI Directors and Officers as of 2-20-24.docx Updated: Feb 20/24
Senior Vice President Jonathan A. (Andy) Hersey
Senior Vice President Peter Howe
Senior Vice President David Irvine
Senior Vice President Adriana Jaegerman
Senior Vice President Michael Johnson
Senior Vice President Jennifer Josephs
Senior Vice President John S. Montgomery
Senior Vice President Robert Mullins
Senior Vice President Michael Newbery
Senior Vice President Brian P. Norris
Senior Vice President James (Jim) R. Obermeyer
Senior Vice President Philip R. Perciavalle
Senior Vice President Sujan Punyamurthula
Senior Vice President Marilynn F. Robinson
Senior Vice President Kari Shively
Senior Vice President Robert A. Simm
Senior Vice President David Smith
Senior Vice President Joseph Russell (Russell) Snow
Senior Vice President Scott Storlid
Senior Vice President Glenn S. Tarbox
Senior Vice President Matthew D. Travers
Senior Vice President Joseph Uglevich
Senior Vice President Arthur Umble
Senior Vice President Mike Watson
Senior Vice President Christopher Williams
Senior Vice President Andrew C. Wilson
Vice President Frank Aceto
Vice President Rusty Benkosky
Vice President Andrew Burnham
Vice President Amy Campbell
Vice President Ramon Castella
Vice President David Dargie
Vice President Anil Dean
Vice President Becky Hachenburg
Vice President Megan Holmes
Vice President Sarah McIlroy
Vice President Scott Peyton
Vice President Michael Reagan
Vice President Jeffrey P. Stone
Vice President Kristopher Wilhoit
Senior Principal Scott Buttari
Senior Principal Cecilia Einarson
Senior Principal Long Hoang
Senior Principal David Kennedy
Senior Principal Douglas Stoker
Principal Robert R. Cunningham
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Packet Pg. 168 Attachment: Stantec_OaksInitiative (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) STANTEC CONSULTING SERVICES INC.
Corporate Information Summary Page 3 of 3
https://stantec.sharepoint.com/teams/SantaMonica2024OneWaterMasterPlan-StantecOnly/Shared Documents/Stantec Only/1.
Marketing/Forms/SCSI Directors and Officers as of 2-20-24.docx Updated: Feb 20/24
Principal Steve Shadix
Principal Stephen Varsa
Senior Associate Linda Brown
Senior Associate Jason Schneider
Senior Associate Gregory Sebourn
Senior Associate Kelly VanElders
Senior Associate Matthew Vernon
Associate & CEO – Surveying Jerome Means
Account Manager Michael A. Kennedy
Director, Taxation Ally Gerlach
Right of Way Officer Geraldine V. Webb
Employee Brian Larson
Corporate Counsel Michael Aceto
Corporate Counsel David Archer
Corporate Counsel Eli Bilek
Corporate Counsel William A. Butler
Corporate Counsel Thomas Curran
Corporate Counsel William J. Edwards
Corporate Counsel Victoria Hall-Sturt
Corporate Counsel Cate Hite
Corporate Counsel Agustina Jaureguiberry
Corporate Counsel Katharine LaFrance
Corporate Counsel Christy J. Leonard
Corporate Counsel Amy Oygen
Corporate Counsel Robert J. Ray
Corporate Counsel Charles B. (Chad) Rogers II
Corporate Counsel Corey Sanchez
Corporate Counsel Matthew Storey
Secretary Christopher O. Heisler
Assistant Secretary Jeffrey P. Stone
Treasurer Theresa Jang
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Packet Pg. 169 Attachment: Stantec_OaksInitiative (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) Agreement No. 11547 (CCS)
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”), entered into as of _________________ (“Execution Date”), by and between the City of Santa Monica (“City”) and Arcadis U.S., Inc. (“Consultant”), is made with reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. Consultant is qualified to do business, and is doing business, in the State of California. Consultant represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Agreement.
C. The City and Consultant now desire to enter into an agreement for Consultant to provide professional services to the City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERMS AND CONDITIONS
1. Term. This Agreement begins on the Execution Date and terminates on June 30, 2027, unless sooner terminated in accordance with Section 14.
2. Consultant Services. Consultant will perform all of the services (“Services”) described in Exhibit A, Scope of Services. Consultant will complete the Services in accordance with Exhibit B, Budget.
3. City Services. The City agrees to:
3.1 Make available to Consultant any currently existing documents, data or information required for the performance of the Services.
3.2 Designate a representative authorized to act on behalf of City.
3.3 Promptly examine and render findings on all documents submitted for staff review by Consultant.
4. Compensation. The City will compensate Consultant for the Services performed in an amount not to exceed EIGHT HUNDRED FORTY-FIVE THOUSAND DOLLARS AND NO CENTS ($845,000.00), as set forth in Exhibit B.
5. Invoices. Consultant will invoice the City for the Services in accordance with Exhibit B and the City will pay any undisputed amount within 30 days of receipt.
DocuSign Envelope ID: 9E96E75D-0305-4E47-BB2E-6F831B8CCA48 4/4/2024
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Packet Pg. 170 Attachment: CT 11547 - Arcadis (Site Security) (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project)
6. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:
6.1 All notices, demands, requests or approvals to the City:
City of Santa Monica
Water Resources Division
2500 Michigan Ave, Bldg 1
Santa Monica, California 90404
Attention: Dinaz Kureishy
Re: Agreement No. 11547 (CCS)
with a copy to:
Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Agreement No. 11547 (CCS)
6.2 All notices, demands, requests or approvals to Consultant:
Arcadis U.S., Inc.
445 South Figueroa St
Suite 3650
Los Angeles, CA 90071
Attention: Greg Imamura, PE
[email protected]
Re: Agreement No. 11547 (CCS)
7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. Neither the City nor its officers or employees will have any control over the conduct of Consultant or any of Consultant’s agents, employees, or subconsultants, except as otherwise provided in this Agreement.
8. Integrated Agreement. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement. This Agreement may be modified only by written agreement signed by City and Consultant, and approved as to form by the City Attorney.
DocuSign Envelope ID: 9E96E75D-0305-4E47-BB2E-6F831B8CCA48
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Packet Pg. 171 Attachment: CT 11547 - Arcadis (Site Security) (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project)
9. Insurance. Prior to commencing work, Consultant must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by Consultant or Consultant’s agents, representatives, employees or subconsultants for the duration of this Agreement. Consultant must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.
10. Defense and Indemnification.
10.1 Indemnification. As to Consultant’s Services produced under this Agreement, Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the acts, errors and/or omissions of Consultant, or Consultant’s employees, agents, officers, and subconsultants. Consultant’s responsibilities under this Section 10.1 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of Consultant, its employees, agents or officers, or subconsultants; provided, however, that Consultant’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City. Notwithstanding Consultant’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from Consultant, if City chooses to do so.
10.2 Enforcement Costs. Consultant agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1.
11. Prohibition Against Transfers.
11.1 Consultant may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.
11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant or of any general partner or joint venturer or syndicate member of Consultant, if a partnership or joint venture or DocuSign Envelope ID: 9E96E75D-0305-4E47-BB2E-6F831B8CCA48
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Packet Pg. 172 Attachment: CT 11547 - Arcadis (Site Security) (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) syndicate exists, which results in changing the control of Consultant, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.
12. Permits and Licenses. Consultant, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.
13. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.
14. Default and Termination.
14.1 If Consultant fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City’s written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to Consultant.
14.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days’ written notice to Consultant. Upon termination of this Agreement, City will pay Consultant any compensation earned and unpaid up to the effective date of termination.
15. Compliance with Law. Consultant must comply with all laws of the State of California and the United States, and all ordinances, rules, and regulations enacted or issued by City.
16. Discrimination. Consultant may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.
17. Nuisance. Consultant may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.
18. Records.
18.1 Consultant must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. Consultant must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.
18.2 Consultant must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles.
Consultant must clearly identify all records and make them readily accessible DocuSign Envelope ID: 9E96E75D-0305-4E47-BB2E-6F831B8CCA48
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Packet Pg. 173 Attachment: CT 11547 - Arcadis (Site Security) (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) to the City. At the City’s request, Consultant must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.
18.3 Consultant must allow the City to have free access to Consultant’s books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit Consultant’s records, and Consultant agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by Consultant, Consultant agrees to pay the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.
19. Work Product; Reports.
19.1 Any work product prepared or caused to be prepared by Consultant or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by Consultant or any subconsultant pursuant to this Agreement may be made available to any individual or organization by Consultant without prior written approval by City.
19.2 At the City’s request, Consultant must furnish reports concerning the status of the Services.
20. Standard of Care. Consultant agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant’s profession currently practicing in the same locality under similar conditions.
21. Subconsultants.
21.1 If Consultant proposes to have any subconsultant perform any part of the Services, Consultant must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant’s services. The City, in its sole discretion, may grant or deny the request.
21.2 Consultant will be responsible for the quality of any subconsultant’s work.
Every subcontract or agreement of any kind entered into between Consultant and any subconsultant (or between any subconsultant and others) must contain the following provision:
This agreement is consistent with all terms and conditions of the Agreement No. 11547 (CCS) entered into between the City of Santa Monica and Consultant on^^____________________.
DocuSign Envelope ID: 9E96E75D-0305-4E47-BB2E-6F831B8CCA48 4/4/2024
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Packet Pg. 174 Attachment: CT 11547 - Arcadis (Site Security) (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project)
22. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
23. Venue and Jurisdiction. The City and Consultant agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
24. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement. //
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DocuSign Envelope ID: 9E96E75D-0305-4E47-BB2E-6F831B8CCA48
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Packet Pg. 175 Attachment: CT 11547 - Arcadis (Site Security) (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project)
25. Execution in Counterparts. This Agreement may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification.
Any signature to this Agreement transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
26. Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.
Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By:______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By:_______________________________
DocuSign Envelope ID: 9E96E75D-0305-4E47-BB2E-6F831B8CCA48
DOUGLAS SLOAN
4/3/2024
City Attorney
Christine Cotton
Arcadis U.S., Inc
4/3/2024
Senior Vice President
David White
4/4/2024
City Manager
4/9/2024
Nikima Newsome
Interim City Clerk
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Packet Pg. 176 Attachment: CT 11547 - Arcadis (Site Security) (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) Exhibit A
Scope
The scope of work includes the following tasks.
Task 1: Project Management and Initiation
Task 2: Data Gathering and Analysis of Current Security Measures and Guidelines
Task 3: Alternatives Development and Security Plan Technical Memorandum Task 4: Basis of Design Report
Task 5: Optional Services
The tasks outlined in the scope of work follow industry standards as listed below:
American Water Works Association (AWWA)
M19 Emergency Planning for Water Utilities
AWWA G-430 Standard for Security Practices for Operation and Maintenance AWWA G-440 Emergency Preparedness Practices
American Society of Civil Engineers (ASCE)/AWWA
Guidelines for the Physical Security of Water Utilities; Guidelines for the Physical Security of Wastewater/Stormwater Utilities
American Society for Industrial Security (ASIS) International, ASIS GDL FPSM2009: Facilities Physical Security Measures ASIS International, ANSI/ASIS PAP.1-2021: Security Management Standard – Physical Asset Protection
ASIS International, ANSI/ASIS Protection of Assets Manual 2021 Garcia, Mary Lynn. The Design and Evaluation of Physical Protection Systems.
Butterworth-Heinemann, 2008.
Water ISAC Best Security Practices and Cybersecurity Resource Guide National Cybersecurity and Communications Integration Center (NCCIC) Cybersecurity Evaluation Tool (CSET)
AWWA Cybersecurity Self-Assessment Tool (with National Institute of Standards and Technology [NIST] integration – 800-53 and others)
SysAdmin, Audit, Network and Security (SANS) Institute Recommended Policies Department of Homeland Security Critical Infrastructure Standards for the Water and Wastewater Systems. We understand and will consider the Sector-Specific Plan (2015) under the National Infrastructure Protection Plan risk management framework, including EPA resources
Applicable Federal Emergency Management Agency (FEMA) and Environmental Protection Agency (EPA) security resources, tools, and guidance Inter-governmental Services - Federal, State and Local - Joint Terrorism Task Force resources and collaboration
DocuSign Envelope ID: 9E96E75D-0305-4E47-BB2E-6F831B8CCA48
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Packet Pg. 177 Attachment: CT 11547 - Arcadis (Site Security) (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) The City of Santa Monica municipal codes and Los Angeles County planning and development in the context of security master planning for the City.
Scope of Work and Task Description
Task 1 – Project Management and Initiation
Arcadis will develop and submit a project schedule based on current understanding for the City’s approval. Arcadis’ current estimate to complete the Project is three years. The approved schedule will be updated in alignment with monthly progress reporting as the project progresses and key decisions are made. Documentation will be provided for unanticipated project delays, scope and budget impacts, and resolution actions.
Project Management Plan
Arcadis will prepare a detailed Project Management Plan to assist the City in execution of the project. The Project Management Plan will identify project goals/objectives, scope and work breakdown structure, budget, project resources, QA/QC procedures, documentation control efforts, and coordination points. The Plan will be provided ten business days after the project kickoff meeting.
Arcadis will also support and maintain a City of Santa Monica created and owned Microsoft SharePoint site for this project in coordination with the City. This site will be used to securely convey project-related information on physical and cyber security to the City and The City of Santa Monica Information Services Department (ISD) stakeholders.
Monitor and Control
Arcadis will keep the City up to date on project progress by phone or email as requested by the City Project Manager. In addition, Arcadis will prepare monthly reports to be submitted along with monthly invoices.
Quality Control
Arcadis will assign quality reviewers for deliverables to ensure they meet the scope and intent of the deliverable.
Arcadis will evaluate the City comments and coordinate one round of written responses between the City’s Project Manager and the Arcadis Project Manager into reports, technical memoranda, policies, procedures, and plans and specifications. Arcadis will also inform the City Project Manager, in writing, of any project scope and budget impacts relating to City comments. All comments will be addressed by Arcadis prior to final delivery.
Project Coordination
Arcadis will facilitate coordination with other projects and initiatives currently underway and planned by the City. The Project Manager will also coordinate review of the City’s DocuSign Envelope ID: 9E96E75D-0305-4E47-BB2E-6F831B8CCA48
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Packet Pg. 178 Attachment: CT 11547 - Arcadis (Site Security) (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) comments and responses to deliverables. A “Decisions Log” will be maintained to track issues and action items throughout the project.
Facilitate Project Meetings
Arcadis will facilitate a hybrid in person/virtual two-hour Kick-off Meeting with the City’s Project Team to review project objectives, expectations, goals, deliverables, schedule, needed information, and procedures for controlling sensitive information generated or used as part of the process.
Arcadis will also facilitate virtual monthly progress meetings to review key deliverables and schedule. Arcadis will prepare meeting agendas, presentation materials, and meeting summaries. Meeting summaries will clearly identify project team decisions and action items with responsible party; they will be submitted within three (3) days following each monthly meeting.
Task 2 – Data Gathering and Analysis of Current Security Measures and Guidelines
Arcadis will review City-provided assessments, reports, and plans relevant to project objectives, using the City’s SharePoint site as the central repository. In addition, Arcadis will conduct site visits to the City’s assets to understand the baseline conditions.
Arcadis will conduct onsite assessments to accomplish subsequent project phases related to the City critical facilities, operations, policies, procedures, work order management procedures, and other information and data aspects pertinent to support creating the City Security Master Plan.
Information and Data Gathering
Arcadis will initiate Data Gathering by issuing a formal RFI to the City to collect information prior to the site visits. Arcadis will review the existing information and make note of gaps and security planning recommendations across the City organization.
Review Guidelines and Standards
The Arcadis team will utilize the findings from the Data Gathering task to make preliminary recommendations on mitigating gaps based on industry best practices and standards.
Site Visits
Arcadis will review the City facilities through a combination of existing assessments and site visits. A schedule for the two, 8-hour site visits will be established in coordination with the City. During the site visits, five core aspects of the current security systems will be identified: system architecture and components (infrastructure), performance and quality (performance), communications and network configuration (availability), management and procedural control (management), and cybersecurity readiness (security).
DocuSign Envelope ID: 9E96E75D-0305-4E47-BB2E-6F831B8CCA48
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Packet Pg. 179 Attachment: CT 11547 - Arcadis (Site Security) (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) Arcadis will work with the City to develop site security checklists and set the level of detail for the assessments. Arcadis will also work with the City to create a 3-5 tier system for security requirements and to align the tiers with risk-based levels of designated security.
Task 3 – Alternatives Development and Security Plan Technical Memorandum In Task 3, Arcadis will work with the City to assemble key staff and stakeholders to facilitate communication, coordination, and input for the project through a series of interactive (remote and onsite) meetings. These meetings will lead to the development of three alternatives for levels of security and the Security Plan Technical Memorandum.
Meetings
Arcadis will facilitate the City staff, stakeholder, and management coordination and input for key elements of security master planning in a series of three 2-hour meetings. Prior to engaging staff in interactive meetings, Arcadis will remotely solicit anonymous input on key security aspects and input from strategic organization levels and end users of security systems. Arcadis will design and deploy Microsoft Forms surveys tailored to predetermined groups identified with the City project team. Key groups will encompass organizational roles, responsibilities, decision-makers, levels of expertise, and security system end users. Survey results will be collated and provide a working baseline for meetings, alternatives, and the Security Master Plan Technical Memorandum. Up to three (3) additional 4-hour workshops will be conducted with the City’s Water Resources Division and other City Stakeholders to gather input and present the final plan.
Develop Alternatives
Arcadis will develop three alternative plans for different security levels. These alternatives will be discussed during the Project Meetings to refine the level of security and ensure that they match with the level of adversary and the site conditions for the critical assets.
Security Plan Technical Memorandum
Arcadis will develop a Security Plan Technical Memorandum with consolidated information addressing people, procedures, and equipment. The memo will capture common operating practices and document procedures that are known but not formally written. The memo will be divided into sections; for example, this may include an introduction, guideline and standards review, recommendations for policies and procedures, alternatives evaluation, and recommendations for the specific security tier that include operational requirements and specific equipment cost comparisons. Arcadis will also recommend projects for capital improvement planning to enhance security equipment and standards across the City’s systems.
DocuSign Envelope ID: 9E96E75D-0305-4E47-BB2E-6F831B8CCA48
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Packet Pg. 180 Attachment: CT 11547 - Arcadis (Site Security) (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) Task 4 – Basis of Design Report
A Basis of Design Report (BODR) will be developed following the determination of the selected sites and security upgrade alternative from the Security Plan Technical Memorandum. The BODR will include the results from Task 3 and the design criteria chosen.
Each site will include a summary of existing conditions and identified vulnerabilities; present results of an alternatives evaluation which includes consideration of life-cycle costs and expected benefits and challenges; and provide recommendations for enhancing current capabilities.
Finally, Arcadis will provide costs associated to repair, replace, and/or make capital investments to achieve analysis recommendations.
The BODR will include the following:
Executive Summary
Introduction
Site-Specific Existing Conditions
Site-Specific Recommendations, including a 10-year plan of projects delineated into short- and long-term projects based on risk cost benefit analysis and security tier selected in the Security Plan Technical Memorandum.
The Arcadis team will conduct a review workshop with the City to review project evaluation and recommendations for the list of projects prior to inclusion in the BODR.
Feedback from the workshop will be used to adjust prioritized recommendations and establish a final list of candidate projects included in a final Recommendations Projects List in the BODR.
Arcadis will prepare the Draft BODR for review and comment by the City and other stakeholders as appropriate. Arcadis will revise and deliver a Final BODR based on addressing the City’s feedback and final approval; the main body of the BODR shall be submitted in MS Word format in addition to the compiled (with attachments and appendices) PDF within ten (10) working days of receipt of City’s compiled comments.
Task 5 – Optional Services
The scope and budget for the optional service outlined below will be submitted to the City for approval before it commences.
Task 5.1: Technical Exhibits Design Development for Critical Assets If authorized, the Arcadis team will support design and construction of projects selected in Task 4. This may include security enhancements to facilities such as design of camera systems, fencing, and access control.
DocuSign Envelope ID: 9E96E75D-0305-4E47-BB2E-6F831B8CCA48
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Packet Pg. 181 Attachment: CT 11547 - Arcadis (Site Security) (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) 60%, 90%, Final Design. If authorized, Arcadis will provide detailed plans and specifications for the approved recommendations from the Basis of Design Report.
Arcadis’ current estimate is based on the initial review of site footprints for Arcadia Water Treatment Plant, Charnock Wellfield, and Olympic Wellfield and a typical level of security, including fencing, gates, cameras, and badge readers. The estimate assumes that the three sites would be designed under one package and will rely on the City’s front-end specifications. Additional sites, packages, or more advanced security (such as ballistic-rated barriers, crash-rated gates, etc.) may require additional budget and time.
Task 5.2: Value Added Services
Arcadis is prepared to provide the following Value Added Services at the request of the City:
Services During Construction, including the following:
o Assistance with pre-bid meetings and conferences and responding to questions during advertisement
o Assistance with evaluating bids
o Attendance at and assistance with up to 12 contractor-led meetings o Assistance with review of monthly contractor-submitted schedules o Up to 20 RFIs and 30 submittal reviews (assuming an average of 4 hours and 8 hours, respectively)
o Evaluation and advisement regarding factory and/or field test data of key equipment
Implementation of the parametric modeling tool for video surveillance (limited to Arcadia WTP, Olympic Wellfield, and Charnock Wellfield) The above services would be included within the estimated fee for this task and will be provided only with specific authorization by the City based on a mutually agreed scope and budget. Modifications to the above services (for example reducing RFIs and submittal reviews to make way for grant analysis and funding application support) may be made subject to a mutually agreed scope and budget between Arcadis and the City and a specific authorization by the City.
DocuSign Envelope ID: 9E96E75D-0305-4E47-BB2E-6F831B8CCA48
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Packet Pg. 182 Attachment: CT 11547 - Arcadis (Site Security) (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project)
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Attachment: CT 11547 - Arcadis (Site Security) (7112 : SP2679 Contract Modification for Geotechnical 1 Rev. October 2023
Professional Services Agreement Insurance Requirements
Professional Liability Insurance Required
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and Code 9 (nonowned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).
4. Professional Liability: Insurance appropriate to the Consultant’s profession with limits of no less than $1,000,000 per occurrence or claim/$2,000,000 in the annual aggregate.
If the Consultant maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to any broader coverage and higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL DocuSign Envelope ID: 9E96E75D-0305-4E47-BB2E-6F831B8CCA48
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Packet Pg. 184 Attachment: CT 11547 - Arcadis (Site Security) (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) 2 Rev. October 2023
policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of a combination of (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and (2) CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Consultant’s insurance shall be primary coverage at least as broad as Insurance Services Offices Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica.
The City of Santa Monica may require the Consultant to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Santa Monica.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Claims Made Policies
1. If the Professional Liability policy provides “claims made” coverage:
DocuSign Envelope ID: 9E96E75D-0305-4E47-BB2E-6F831B8CCA48
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Packet Pg. 185 Attachment: CT 11547 - Arcadis (Site Security) (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) 3 Rev. October 2023
a. The Retroactive Date must be shown and must be before the date of this Agreement or the start of work.
b. The insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of work.
c. If the policy is cancelled or not renewed, and not replaced with another “claims made” policy form with a Retroactive Date prior to the effective Agreement date, the Consultant must purchase “extended reporting” coverage for a minimum of 5 years after completion of work.
Verification of Coverage
Consultant shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.
Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Consultant resulting from said breach.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.
Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Consultant does not have employees. The Consultant must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.
DocuSign Envelope ID: 9E96E75D-0305-4E47-BB2E-6F831B8CCA48
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Packet Pg. 186 Attachment: CT 11547 - Arcadis (Site Security) (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) Contract No.11475 (CCS)
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica (“City”) and Stantec Consulting Services, Inc. (“Stantec”), is made with reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. Stantec is qualified to do business, and is doing business, in the State of California.
Stantec represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Agreement.
C. The City and Stantec now desire to enter into an agreement for Stantec to provide professional services to the City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERMS AND CONDITIONS
1. Term. This Agreement begins on the Execution Date and terminates two (2) years after the Execution Date, unless sooner terminated in accordance with Section 14. In the event of delays in the performance of the services beyond the control of Stantec, the City may, at its sole and complete discretion, extend the Expiration Date for a limited time period in writing pursuant to a Notice of Extension issued by the Director of Public Works, City Engineer, Capital Program Manager, or other designee of the City Manager. The Notice of Extension shall specify the revised Expiration Date and must be issued prior to Expiration Date of the Agreement.
1.1 Option to Extend. The City, in its sole and absolute discretion, shall have the option to extend this Agreement for up to two (2) additional 1-year periods (“Extension Term”) under the same terms and conditions.
2. Stantec Services. Stantec will perform all of the services (“Services”) described in Exhibit A, Scope of Services. Stantec will complete the Services in accordance with Exhibit B, Budget.
3. City Services. The City agrees to:
3.1 Make available to Stantec any currently existing documents, data or information required for the performance of the Services.
3.2 Designate a representative authorized to act on behalf of City.
DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB 12/12/2023
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Packet Pg. 187 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project)
3.3 Promptly examine and render findings on all documents submitted for staff review by Stantec.
4. Compensation. The City will compensate Stantec for the Services performed in an amount not to exceed THREE MILLION, THREE HUNDRED FIFTY-THREE THOUSAND, NINE HUNDRED AND TWO DOLLARS ($3,353,902), as set forth in Exhibit B.
5. Invoices. Stantec will invoice the City for the Services in accordance with Exhibit B and the City will pay any undisputed amount within 30 days of receipt.
6. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:
6.1 All notices, demands, requests or approvals to the City:
Engineering and Street Services Division
City of Santa Monica
1685 Main Street, Mail Stop #15
Santa Monica, California 90401
Attention: Tom Shahbazi
Re: Contract No. 11475(CCS)
with a copy to:
Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No.11475(CCS)
6.2 All notices, demands, requests or approvals to Stantec:
Stantec Consulting Services Inc.
1687 114th Ave., SE, Suite 100
Bellevue, WA 98004-6965
Attention: Tyler Hadacek, PE
[email protected]
Re: Contract No. 11475(CCS)
7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.
Neither the City nor its officers or employees will have any control over the conduct of Stantec or any of Stantec’s agents, employees, or subconsultants, except as otherwise provided in this Agreement.
DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 188 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project)
8. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement.
This Agreement may be modified only by written agreement signed by City and Stantec, and approved as to form by the City Attorney.
9. Insurance. Prior to commencing work, Stantec must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by Stantec or Stantec’s agents, representatives, employees or subconsultants for the duration of this Agreement. Stantec must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.
10. Defense and Indemnification.
10.1 Indemnification.
10.1.1 Hold Harmless for Design Professional Services.
To the fullest extent permitted by law (including, without limitation California Civil Code Section 2782.8), Design Consultant agrees to defend, indemnify, and hold harmless the City, its board and council members, officers, employees and agents (“City Indemnitees”) from and against any and all losses, costs, liabilities, claims, damages, actions, judgments, settlements, expenses, defense costs, reasonable attorneys’ fees, costs, fines and penalties (“Losses”) that arise out of, pertain to, or relate to the Design Consultant’s negligence, recklessness or willful misconduct in the performance of professional services under this Agreement.
10.1.2 For Other Claims.
Except as otherwise set forth in the preceding paragraph, Design Consultant agrees to defend, indemnify and hold harmless the City Indemnitees from and against any and all Losses to the extent caused or claimed to be caused by the acts, errors and/or omissions of the Design Consultant (other than professional negligence, which is covered under Section 10.1.1, above), or recklessness or willful misconduct by Design Consultants (or its contractors or subcontractors, if any). Design Consultant’s responsibilities under this provision include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of Design Consultant (or its contractors or subconsultants); provided, however, that Design Consultant’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City.
The provisions of the above indemnification obligations shall survive any termination of this Agreement.
DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 189 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project)
10.2 Enforcement Costs. Design Consultant agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1.
11. Prohibition Against Transfers.
11.1 Stantec may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.
11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Stantec or of any general partner or joint venturer or syndicate member of Stantec, if a partnership or joint venture or syndicate exists, which results in changing the control of Stantec, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.
12. Permits and Licenses. Stantec, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.
13. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.
14. Default and Termination.
14.1 If Stantec fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City’s written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to Stantec.
14.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days’ written notice to Stantec. Upon termination of this Agreement, City will pay Stantec any compensation earned and unpaid up to the effective date of termination.
15. Compliance with Law. Stantec must comply with all laws of the State of California and the United States, and all ordinances, rules, and regulations enacted or issued by City.
16. Discrimination. Stantec may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.
17. Nuisance. Stantec may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.
DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 190 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project)
18. Records.
18.1 Stantec must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. Stantec must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.
18.2 Stantec must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles.
Stantec must clearly identify all records and make them readily accessible to the City. At the City’s request, Stantec must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.
18.3 Stantec must allow the City to have free access to Stantec’s books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit Stantec’s records, and Stantec agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by Stantec, Stantec agrees to pay the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.
19. Work Product; Reports.
19.1 Any work product prepared or caused to be prepared by Stantec or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by Stantec or any subconsultant pursuant to this Agreement may be made available to any individual or organization by Stantec without prior written approval by City.
19.2 At the City’s request, Stantec must furnish reports concerning the status of the Services.
20. Standard of Care. Stantec agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of Stantec’s profession currently practicing in the same locality under similar conditions.
21. Subconsultants.
21.1 If Stantec proposes to have any subconsultant perform any part of the Services, Stantec must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 191 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) subconsultant’s services. The City, in its sole discretion, may grant or deny the request.
21.2 Stantec will be responsible for the quality of any subconsultant’s work. Every subcontract or agreement of any kind entered into between Stantec and any subconsultant (or between any subconsultant and others) must contain the following provision:
This agreement is consistent with all terms and conditions of the Agreement No. 11475(CCS) entered into between the City of Santa Monica and Stantec on^^____________________.
22. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
23. Venue and Jurisdiction. The City and Stantec agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
24. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
25. Execution in Counterparts. This Agreement may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this Agreement transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
26. Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.
Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.
DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB 12/12/2023
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Packet Pg. 192 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) ATTEST:
______________________________
DENISE ANDERSON-WARREN Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
Stantec Consulting Services Inc.
#VENDOR
By: ________________________________
DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB City Attorney
DOUGLAS SLOAN 11/29/2023
Sr Principal Engineer
Sarah Munger
Stantec Consulting Services
12/11/2023
12/12/2023
City Manager
David White
City Clerk
Denise Anderson-Warren 12/18/2023
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Packet Pg. 193 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project)
EXHIBIT A - SCOPE OF WORK
DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 194 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) EXHIBIT A - SCOPE OF WORK See Exhibit B for Budget.
DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 195 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 196 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 197 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 198 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 199 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 200 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 201 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 202 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 203 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 204 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 205 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 206 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 207 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 208 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 209 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 210 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 211 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 212 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 213 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project)
EXHIBIT B - BUDGET
DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 214 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 215 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project)
EXHIBIT C
Insurance Requirements
DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 216 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) 1 Exhibit C
Insurance Requirements
Professional Services Agreement Insurance Requirements – Template 1 Professional Liability Insurance Required
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).
4. Professional Liability: Insurance appropriate to the Consultant’s profession with limits of no less than $1,000,000 per occurrence or claim/$2,000,000 in the annual aggregate.
If the Consultant maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to any broader coverage and higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 217 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) 2 a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of a combination of (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and (2) CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Consultant’s insurance shall be primary coverage at least as broad as Insurance Services Offices Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Consultant to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Santa Monica.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Claims Made Policies
1. If the Professional Liability policy provides “claims made” coverage:
DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 218 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) 3 a. The Retroactive Date must be shown and must be before the date of this Agreement or the start of work.
b. The insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of work.
c. If the policy is cancelled or not renewed, and not replaced with another “claims made” policy form with a Retroactive Date prior to the effective Agreement date, the Consultant must purchase “extended reporting” coverage for a minimum of 5 years after completion of work.
Verification of Coverage
Consultant shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.
The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.
Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Consultant resulting from said breach.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.
Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Consultant does not have employees. The Consultant must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.
DocuSign Envelope ID: E219E01D-DB09-47B8-9FED-5EADFE9D28DB
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Packet Pg. 219 Attachment: CT 11475 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) 1 July 2020
FIRST MODIFICATION OF AGREEMENT NO. 11475 (CCS)
This First Modification of Agreement Number 11475 (CCS) (“First Modification”), entered into as of__________,2024, by and between the City of Santa Monica, a municipal corporation (“City”), and Stantec Consulting Services, Inc. (Design Consultant) is made with reference to the following:
RECITALS
A. On or about December 12, 2023, the City and Design Consultant entered into Agreement Number 11475 (CCS) for Design Consultant professional services on the following Project: Engineering Design Services for Water Reservoir Upgrades.
B. The City and Design Consultant desire to modify the Agreement to include additional services to be performed by Design Consultant and to increase the contract price to pay for those additional services.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Article 2 of the Original Agreement entitled “Design Consultant Services” shall be modified by adding the following paragraph:
Design Consultant will perform all of the additional services described in Exhibit A-1 (“Additional Services”). Design Consultant will complete the Additional Services in accordance with Exhibit B-1, Budget Modification No. 1 - Additional Services.
2. Article 4 of the Original Agreement entitled “Compensation” shall be modified by adding the following paragraph:
Compensation. The City will compensate Design Consultant for the Additional Services in an amount not to exceed TEN THOUSAND TWO HUNDRED FIFTYFIVE DOLLARS ($10,255.00) as set forth in Exhibit B-1, Budget Modification No. 1 - Additional Services. The total contract price for services pursuant to the Original Agreement and this First Modification shall not exceed THREE MILLION, THREE
HUNDRED SIXTY-FOUR THOUSAND, ONE HUNDRED AND
FIFTY-SEVEN DOLLARS ($3,364,157).
3. Exhibit A-1, Additional Service, and Exhibit B-1, Budget Modification No. 1 – Additional Services, are attached hereto and incorporated herein by this reference.
4. Except as expressly modified by this First Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
5. This First Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this DocuSign Envelope ID: 2161C7DE-221F-41D8-B98B-780CC3CBA457 4/24/2024
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Packet Pg. 220 Attachment: CT 11475_Mod01 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) 2 July 2020
First Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
IN WITNESS WHEREOF, the parties have executed this Second Modification as of the date and year first written above.
ATTEST:
______________________________
Nikima Newsome
Interim City Clerk
APPROVED AS TO FORM:
______________________________
Douglas Sloan
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
David White
City Manager
Stantec Consulting Services, Inc.
By: ________________________________
Name: _____________________________
Title: ______________________________
DocuSign Envelope ID: 2161C7DE-221F-41D8-B98B-780CC3CBA457 4/18/2024
Sarah Munger
Sr Principal Engineer
4/24/2024 4/25/2024
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Packet Pg. 221 Attachment: CT 11475_Mod01 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) Stantec Consulting Services Inc.
300 N Lake Ave #400 Pasadena, CA 91101
March 27, 2024
Attention: Tom Shahbazi, Project Manager
City of Santa Monica
Engineering and Street Services Division
1685 Main Street, Mail Stop #15
Santa Monica, CA 90401
Reference: Change Order #1 for Engineering Design Services for Water Reservoir Upgrades and Improvements, SP2679 Revised Scope and Fee
Dear Mr. Shahbazi,
As requested Stantec has prepared a scope of work and budget to provide structural assessment of the Metropolitan Water District Vault Building at the Arcadia Water Treatment Plant. The Stantec team will review record drawings of the structure, conduct a site visit to identify deficiencies, and conduct a Tier 1 Analysis as identified in ASCE 41-13.
Stantec will present the results of the analysis to City Staff at a regular progress meeting and document the results in the Basis of Design Report.
The total fee estimate is attached and equal to $10,255, increasing the total contract amount from $3,353,902 to $3,364,157.
Thank you for your consideration of this change order request.
Regards,
Stantec Consulting Services Inc,
Tyler Hadacek, P.E. Sarah Munger, P.E.
Project Manager Principal-in-Charge
Phone: 626-568-6064 Phone: 626-568-6104
[email protected] [email protected]
Attachment: Cost Proposal
Exhibit A-1
Scope of Work
DocuSign Envelope ID: 2161C7DE-221F-41D8-B98B-780CC3CBA457
4.C.f
Packet Pg. 222 Attachment: CT 11475_Mod01 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) ODCs
Activity No. ACTIVITY DESCRIPTION Principal-inCharge
Project
Manager
Project
Technical
Lead
Principal
Engineer
Technical
Advisor I
Technical
Advisor II
Principal
Engineer
Senior
Engineer
Principal
Professiona l
Staff
Engineer I
Staff
Engineer II
Cost &
Scheduling
Professiona
Senior CAD
Desiging
CAD
Desginer
Project
Administrat
or
Total ODCs
12.0 Task 12 MWD Vault Assessment
Task 12 Total 2 8 24 8 2 44 10,150 $ 105 $ - $ 10,255 $ Total Fee 2 8 24 8 2 44 $ 10,150 $ 105 $ - $ 10,255
$145 $145
TOTAL HOURS
(Project Engineering /
Management)
LABOR FEE
(Project Engineering /
Management)
$210 $250 $250 $300 $267 $238 $220 $200 $190 $180 $267 $155 Contract Hourly Rate
SUBCONSULTANTS
SUBTOTAL
TOTAL PROJECT COST $267
Exhibit B-1 Budget DocuSign Envelope ID: 2161C7DE-221F-41D8-B98B-780CC3CBA457 4.C.f Packet Pg. 223
Attachment: CT 11475_Mod01 - Stantec (7112 : SP2679 Contract Modification for Geotechnical Work on 4 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. ✔
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Packet Pg. 224 Attachment: Arcadis_Levine Act [Revision 1] (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) 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.
RNIATHAT THE FOREGOING
________________________ July 22, 2025
Christine Cotton Senior Vice President
Arcadis U.S., Inc.
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Packet Pg. 225 Attachment: Arcadis_Levine Act [Revision 1] (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.
State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $500 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.
1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.
For instance, the Levine Act applies to the following:
x Building and development permits
x Conditional use permits
x Contracts generally (unless an exception applies):
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Contracts for goods, services, professional services that are not awarded pursuant to a competitive process
x Public street abandonments
x Private development plans
x Professional license revocations
x Rezoning of specific real estate parcels
x Event permits
x Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
x Special district formation proceedings involving the creation of a special use or benefit to the person in the district
x Tentative subdivision and parcel maps
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Packet Pg. 226 Attachment: Arcadis_Levine Act [Revision 1] (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project)
x Zoning variances
x Vacation of a public easement across private property x Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
x Contracts entered under the City Manager’s Authority
x Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
x Contracts under $50,000
x Contracts where no party receives financial compensation x Contracts between two or more public agencies
x Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process
x Purely ministerial decisions
x General policy decisions or rules where the interests affected are many and diverse
x Ordinances and resolutions (except items like development agreements adopted by ordinance)
x Ballot measures
x Departmental policies
x Council rules
x Labor contracts and project labor agreements
x Personal employment contracts
x Allocation of resources in the City budget
2. Who is required to disclose?
A “party” to a proceeding is any person who files an application for, or is the subject of, a proceeding. In general, a person or company who applies for a permit, license, or right to use property in a particular way, which requires the City’s discretionary approval, will qualify as a party.
Parties are also required to disclose contributions by their agents. An “agent” is someone who (1) represents a party to a proceeding for compensation; and (2) appears before or otherwise communicates with the City for the purpose of influencing the pending proceeding. This can include law firms, architects, engineers, consultants, and similar entities. Both the individual and their employer or firm are considered “agents.” A party should also disclose contributions of other entities majority owned by the party, as well as contributions of any other entity whose contributions it directs or controls.
3. What must be disclosed?
A party must disclose campaign contributions over $500 made in the prior twelve months.
A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or
4.C.g
Packet Pg. 227 Attachment: Arcadis_Levine Act [Revision 1] (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project)
other expenses coordinated with a candidate or committee, loans, tickets to political fundraisers, etc.
4. Who is considered an officer of the City?
An “officer” is anyone who may make, participate in making, or attempt to influence a decision in the proceeding or who exercises authority over officers who may do so. This includes elected officials, members of appointed boards and commissions, the City Manager, and any individual who is a candidate for elected office or who has been a candidate in the twelve months prior to the decision. This definition is included on the Disclosure Form.
5. When should the disclosure occur?
The Disclosure Form must be completed (1) by a party to a contract with the City (or that party’s agent) at the time the party submits a response to a Request for Proposal or other competitive solicitation, enters into contract negotiations with the City, or executes a contract with the City, whichever is earliest; or (2) by a party to a license, permit, or other entitlement proceeding before the City at the time the party (or their agent) submits the license, permit, or entitlement application to the City. The party (or their agent) must submit a supplemental form if they make any new reportable contributions while the same contract, license, permit, or other entitlement is being considered. The party (or their agent) must also use the form if they need to correct any previously submitted form.
Parties are solely responsible for completing the form accurately, and could face penalties for failure to do so. The California Fair Political Practices Commission (FPPC) is the body who enforces violations of the Levine Act. If a party is uncertain about whether they are required to report or combine a contribution, they should consult with their attorney.
Nothing herein constitutes legal advice and individuals are urged to consult with their own attorney regarding the requirements of the law. To the extent there is any inconsistency, the language of the Levine Act and FPPC Regulations govern over this notice. Resources for officers, parties, participants, and agents, are available on the FPPC’s website at https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
4.C.g
Packet Pg. 228 Attachment: Arcadis_Levine Act [Revision 1] (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project)
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.C.h
Packet Pg. 229 Attachment: Arcadis_Oaks Initiative [Revision 1] (7112 : SP2679 Contract Modification for Geotechnical Work on 4 Reservoirs Project) City Council
Report
City Council Meeting: July 29, 2025
Agenda Item: 4.D
1 of 5
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Award RFP No. SP2754 to International Cybernetics Company, LP, dba IMS Infrastructure Management Services, for the Pavement Management System Update
Recommended Action
Staff recommends that the City Council:
1. Adopt findings of Categorical Exemptions pursuant to Section 15301 (Existing Facilities) and Section 15262 (Feasibility and Planning Studies), of the California Environmental Quality Act (CEQA) Guidelines;
2. Award RFP#SP2754 to International Cybernetics Company, LP, doing business as (dba) IMS Infrastructure Management Services, to provide professional consulting services to conduct a citywide pavement condition survey and update the City's Pavement Management System (PMS) for the Public Works Department; and
3. Authorize the City Manager to negotiate and execute an agreement with International Cybernetics Company, LP, doing business as (dba) IMS Infrastructure Management Services, in an amount not to exceed $130,456 (including a 10% contingency) for a five-year term, with one renewal option of up to five years in the amount of $103,909 (including 10% contingency) for a total amount not to exceed $234,365 over a ten-year period, with the future year funding contingent on council budget approval.
Summary
The City of Santa Monica maintains over 160 centerline miles of public streets and approximately 120 centerline miles of public alleys. The Pavement Management System (PMS) is a critical tool for monitoring pavement conditions, prioritizing maintenance, and projecting future needs. To comply with Proposition A and C Local Return funding guidelines from the Los Angeles County Metropolitan Transportation
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Authority (Metro), the City is required to maintain and periodically update the PMS. The most recent update was completed in 2022. Staff issued a Request for Proposal (RFP) to select a qualified consultant to perform a comprehensive survey of all City streets and alleys, update pavement condition ratings, and prepare a multi-year maintenance and rehabilitation plan, including GIS integration and cost estimates.
This project would inform the development of the City's annual paving plan and capital improvement strategies over the next ten years. Staff recommends International Cybernetics Company, LP, dba IMS Infrastructure Management Services (IMS), to provide professional consulting services to conduct a citywide pavement condition survey and update the PMS in an amount not to exceed $130,456 (including a 10% contingency) for five (5) years, with one renewal option of up to five (5) years in the amount of $103,909 (including 10% contingency) for a total amount not to exceed $234,365 over a ten-year period.
Discussion
The Pavement Management System (PMS) is a critical tool used to monitor pavement condition, prioritize maintenance, and project future infrastructure needs. To maintain eligibility for Local Return funding under Propositions A and C, the Los Angeles County Metropolitan Transportation Authority (Metro) requires local agencies to update their PMS. Local Return funding is a vital source of revenue that supports key transportation projects, including street resurfacing, roadway maintenance, sidewalk repairs, and pedestrian and bicycle improvements. The City last updated its PMS in 2022, based on the most recent comprehensive pavement condition survey data.
That survey found the City’s roadway network to be in very good condition, with an average Pavement Condition Index (PCI) of 73. Only three percent of the network fell into the “poor” or “very poor” categories, identified as backlog. Most streets were rated either excellent (23%) or very good (41%), reflecting a well-maintained system.
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An updated assessment is now needed to evaluate current conditions and to guide development of the City’s annual paving plan and capital improvement programming for the next five Fiscal Years (FY) - (FY 2025-26 through FY 2029-30).
The scope of work for this project includes:
• A comprehensive field survey of all City streets and alleys. • Pavement rating and analysis using the Pavement Condition Index (PCI) or equivalent industry-standard method.
• Integration of pavement data into the City’s Geographic Information System (GIS).
• Development of a prioritized improvement plan, including recommended treatments, cost estimates, and work schedules.
The project would produce an updated Pavement Management Report, which would support the City's street resurfacing and maintenance planning over a five-year horizon, with the option to extend to ten years. IMS would also provide deliverables suitable for integration into the City's existing GIS system, and work closely with City staff to ensure data quality, transparency, and usability.
Vendor Selection
Bidder Recommendation
Best Qualified Firm International Cybernetics Company, LP dba IMS Infrastructure Management Services
Evaluation Criteria Price; the ability, capacity, and skill of the bidder to perform a citywide pavement condition survey and update the City's Pavement Management System; 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
Submittals Received
Applied Research Associates, Inc. dba New Mexico Applied Research Associates, Inc.
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Bucknam Infrastructure Group, Inc.
International Cybernetics Company, LP dba IMS Infrastructure Management Services
InfraHub LLC
Michael Baker International Inc.
Nichols Consulting Engineers, CHTD. (NCE)
RFP DATA
Date
Posted Posted On Advertise In(City Charter & SMMC)
Vendors
Downloaded Date Publicly Opened
04/07/25 City's Online
Bidding Site
Santa Monica Daily
Press 52 05/05/25
Justification to Award
Staff recommends awarding the contract to Infrastructure Management Services, Inc. (IMS) as the most qualified firm based on its competitive pricing and demonstrated expertise in pavement management. IMS has the proven ability, capacity, and technical skill to perform a comprehensive citywide pavement condition survey and update the City’s Pavement Management System within the specified timeframe. The firm has sufficient financial resources to complete the project and experience delivering similar work for more than 20 California municipalities, including Arcadia, Calabasas, Irvine, Santa Monica, and Long Beach. To date, IMS has analyzed over 4,965 miles of pavement statewide. Its cost-effective services, strong experience, and proven performance make IMS the ideal choice for this contract.
Environmental Review
Maintaining the City’s streets is categorically exempt from CEQA pursuant to Section 15301 (Class 1 – Existing Facilities) and Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines. Section 15301 (Class 1 – Existing Facilities) 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. Section 15262.
Section 15262 exempts a project involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved,
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adopted, or funded. Therefore, conducting a citywide pavement condition survey for existing streets and alleys and update to the City's Pavement Management System is exempt pursuant to Section 15301 and Section 15308 of the CEQA Guidelines.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Local Return Fund to award a contract with IMS to provide professional consulting services to conduct a citywide pavement condition survey and update the City's Pavement Management System.
Contract Request
FY 2025-2026
Request Amount
Future Years
Amount CIP Account # Total Contract Amount
$130,456 $103,909 C2707680.689130 $234,365
Future year funding is contingent on Council budget approval.
Prepared By: Jonathan Maldonado, Civil Engineering Associate Approved Forwarded to Council
Attachments:
A. Levine Act
B. Oaks Initiative
4.D
Packet Pg. 234
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.D.a
Packet Pg. 235 Attachment: Levine Act (7121 : Award RFP No. SP2754 Pavement Management System Update) 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 CALIFORNIATHAT THE FOREGOING IS TRUEAND 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.
Michael Nieminen, PE, P. Eng CEO
International Cybernetics, LP. dba Infrastructure Management
4.D.a
Packet Pg. 236 Attachment: Levine Act (7121 : Award RFP No. SP2754 Pavement Management System Update) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.
State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $500 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.
1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.
For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Contracts for goods, services, professional services that are not awarded pursuant to a competitive process
• Public street abandonments
• Private development plans
• Professional license revocations
• Rezoning of specific real estate parcels
• Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps
4.D.a
Packet Pg. 237 Attachment: Levine Act (7121 : Award RFP No. SP2754 Pavement Management System Update)
• Zoning variances
• Vacation of a public easement across private property • Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
• Contracts entered under the City Manager’s Authority
• Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
• Contracts under $50,000
• Contracts where no party receives financial compensation • Contracts between two or more public agencies
• Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process
• Purely ministerial decisions
• General policy decisions or rules where the interests affected are many and diverse
• Ordinances and resolutions (except items like development agreements adopted by ordinance)
• Ballot measures
• Departmental policies
• Council rules
• Labor contracts and project labor agreements
• Personal employment contracts
• Allocation of resources in the City budget
2. Who is required to disclose?
A “party” to a proceeding is any person who files an application for, or is the subject of, a proceeding. In general, a person or company who applies for a permit, license, or right to use property in a particular way, which requires the City’s discretionary approval, will qualify as a party.
Parties are also required to disclose contributions by their agents. An “agent” is someone who (1) represents a party to a proceeding for compensation; and (2) appears before or otherwise communicates with the City for the purpose of influencing the pending proceeding. This can include law firms, architects, engineers, consultants, and similar entities. Both the individual and their employer or firm are considered “agents.” A party should also disclose contributions of other entities majority owned by the party, as well as contributions of any other entity whose contributions it directs or controls.
3. What must be disclosed?
A party must disclose campaign contributions over $250 made in the prior twelve months.
A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or
4.D.a
Packet Pg. 238 Attachment: Levine Act (7121 : Award RFP No. SP2754 Pavement Management System Update)