Agenda packet, first session — Santa Monica City Council, August 12, 2025 (part 1 of 3)

City of Santa Monica
City Council Meeting
AGENDA

LANA NEGRETE
MAYOR

ELLIS RASKIN CAROLINE TOROSIS

COUNCILMEMBER MAYOR PRO TEM

DAN HALL BARRY SNELL

COUNCILMEMBER COUNCILMEMBER

JESSE ZWICK NATALYA ZERNITSKAYA

COUNCILMEMBER COUNCILMEMBER
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.

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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: 8/13/2025 8:03 AM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR MEETING
.CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, RM 209 AND 250, SANTA

MONICA, CA, AND SAN JOSE DEL CABO,
23400, MEXICO
TUESDAY, AUGUST 12, 2025
MEETING BEGINS AT 5:30 PM
The Santa Monica City Council Meeting will be held on Tuesday, August 12, 2025, at 5:30 P.M. in the City Council Chambers, 1685 Main Street, Room 250, Santa Monica, California 90401, and at a teleconference site located at 1685 Main Street, Room 209, Santa Monica, California 90401, and a teleconference site located at Hilton Cabo Azul Los Cabos, Paseo Malecon SN, Lote 11 Fonatur, San Jose del Cabo, 23400, Mexico, where two Councilmembers will be present and participating via teleconference.

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.

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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 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. Recognition of Outgoing Board & Commission Members - Rescheduled to 9/9 Council meeting.

2.B. SMFD Awards

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. Approval of Purchase of Cradlepoint Mobile Data Devices for the Police Department's Vehicles
Recommended Action
Staff recommends that the City Council

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

2. Authorize the Procurement Manager to issue a purchase order with Red River Technology, LLC for Cradlepoint devices to be installed in the Police Department’s vehicles. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.25(c) and is for a total amount not to exceed $624,784.

4.B. Adoption of Resolution Authorizing Participation in the Used Oil Payment Program
Recommended Action
Staff recommends that the City Council:

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

2. Adopt the attached resolution authorizing the City Manager to submit and execute applications, agreements, and annual reports for the CalRecycle Used Oil Payment Program.

4.C. Accept Grant Award from the Softwood Lumber Board for the Mass Timber Accelerator Program
Recommended Action
Staff recommends that the City Council:

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

2. Authorize the City Manager to accept a grant awarded in the amount of $100,000 from the Softwood Lumber Board for a mass timber accelerator program in the Public Works Department; and to accept all grant renewals;

3. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals; and

4. Authorize the budget amendment as outlined in the Financial Impacts & Budget Actions section of the report (requires 5 votes).

4.D. Adoption of a Resolution Approving Final Parcel Map for the subdivision of 1907 12th Street
Recommended Action
Staff recommends that the City Council take the following actions:

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

2. Adopt the attached resolution approving Final Parcel Map No. 83867.

4.E. Adoption of a Resolution and Authorization for the City Manager to Execute a Housing Trust Fund Loan to Community Corporation of Santa Monica for the Rehabilitation of 2033-2101 Virginia Avenue
Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute all necessary documents to make a Housing Trust Fund loan to Community Corporation of Santa Monica in the amount of $34,800,000 for the rehabilitation of 2033- 2101 Virginia Avenue; and

2. Adopt the resolution, making a determination that the units located at 2033- 2101 Virginia Avenue are unfit for human habitation and committing loan assistance for the substantial rehabilitation of those units in the amount of $34,800,000.

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

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4.F. Approval of Fourth Modification to Agreement #11052 with Clean Earth Environmental Solutions for Hazardous Waste Disposal
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemptions pursuant to Section 15301 and Section 15330 of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the City Manager to negotiate and execute a fourth modification to Agreement #11052 in an amount of $300,000 with Clean Earth Environmental Solutions, Inc. (formerly Stericycle Environmental Solutions), for hazardous waste services for the Public Works Department. The term of the contract will remain unchanged, resulting in a five-year amended agreement with a new total amount not to exceed $1,350,000, with future year funding contingent on Council budget approval.

4.G. Approval of the Ratification of Purchase Order to Premier Security Services, Inc. for Emergency Repair and Maintenance of the Airport Security Access Control System
Recommended Action
Staff recommends that the City Council:

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

2. Ratify the Procurement Manager’s issuance of a purchase order with Premier Security Services, Inc., to provide maintenance and repair of the airport’s security access control system for the Public Works Department, Airport Division. The emergency purchase was made as an exception to the competitive bidding process pursuant to Section 2.24.250(i) and is for a total amount not to exceed $50,000.

4.H. Approval of Fifth Modification of Agreement with Accela to Support OpenCounter Special Events Platform
Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute a fifth modification to agreement #4384 in an amount of $44,730 with Accela, Inc. to support the City’s OpenCounter Special Events platform for the Information Services Department. This would result in a nine-year amended agreement with a new total not to exceed $503,561, 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.I. Adoption of a Resolution authorizing portal-to-portal pay for City personnel providing local government Fire assistance (mutual aid response) to the State of California and Federal Fire Agencies
City of Santa Monica Generated: 8/13/2025 8:03 AM Page 7 Recommended Action
Staff recommends that the City Council:

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

2. Adopt the proposed resolution authorizing portal-to-portal pay for City personnel providing local government Fire assistance (mutual aid response) to the State of California and Federal Fire Agencies.

4.J. Approval of an Exclusive Negotiating Agreement with Los Angeles River Revitalization Corporation dba River LA to Negotiate Terms of a Potential License Agreement for a Pop-Up, Interactive Museum on Santa Monica State Beach in 2028
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemptions pursuant to Section 15262 and Section 15323 of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the City Manager to negotiate and execute an Exclusive Negotiating Agreement (ENA) with the Los Angeles River Revitalization Corporation dba River LA to explore a pop-up, interactive history museum and other features on Santa Monica State Beach in May – September 2028.

4.K. Introduction and Adoption of an Emergency Ordinance Amending SMMC

4.08.780 Regarding Prohibited Items at Public Assemblies and Community Events
Recommended Action
Staff recommends the City Council:

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

2. Introduce and adopt the attached emergency ordinance amending Santa Monica Municipal Code Section 4.08.780 to amend the list of prohibited items at public assemblies and community events.

4.L. Adoption of Resolution of Intention to Amend the Text of the City’s Zoning Ordinance Related to Projects Utilizing State Law Permitting Small Lot Subdivision Under 10 Units and Projects Consisting of Duplexes and Lot Splits for Parcels Zoned for Single-Unit Residential
Recommended Action
Staff recommends that the City Council:

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

2. Adopt a Resolution of Intention directing the Planning Commission to initiate an amendment to the text of the City’s Zoning Ordinance related to projects utilizing State law permitting small lot subdivisions under 10 units and projects City of Santa Monica Generated: 8/13/2025 8:03 AM Page 8 consisting of duplexes and lot splits for parcels zoned for single-unit residential.

4.M. Second Reading and Adoption of Second Amendment to the RAND Development Agreement
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

5. CLOSED SESSIONS

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

Pico Neighborhood Association and Maria Loya v. City; LASC # BC616804 - New Item Received. 8/07/2025

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

Diane Burnett v. City; LASC # 23TRCV00943 - New Item Received. 8/07/2025

5.C. Public employee appointment - Gov. Code § 54957(b): title – City Attorney/Interim City Attorney; Gov. Code § 54956: conference with labor negotiator; City negotiator: Mayor/City Manager; unrepresented employee:

City Attorney/Interim City Attorney - New Item Received. 8/07/2025

CITY MANAGER REPORT

TRAVEL ANNOUNCEMENT AND MAYOR'S HIGHLIGHT

6. PUBLIC INPUT ON REMAINING AGENDA ITEMS

7. STUDY SESSION
No items

8. CONTINUED ITEMS

8.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).

9. ADMINISTRATIVE PROCEEDINGS
No items
City of Santa Monica Generated: 8/13/2025 8:03 AM Page 9

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

10.A. Introduction and First Reading of an Ordinance 1) Amending the Text of the City’s Zoning Ordinance to Promote Economic Recovery and Increase Land Use Flexibility in the City’s Downtown Area; and 2) Amendments to Interim Zoning Regulations to Promote Economic Recovery by Increasing Land Use Flexibility in the City’s Downtown Area and Establishing a Pilot Program to Allow Exclusively Outdoor Commercial Uses in the Office Campus District Recommended Action
Staff recommends that the City Council:

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

2. Introduce for first reading the attached ordinance amending the text of Santa Monica Municipal Code Article 9 Planning and Zoning to Promote Economic Recovery and Increase Land Use Flexibility in the City’s Downtown Area, and

3. Introduce for first reading the attached interim zoning ordinance amending Interim Zoning Regulations Established to Promote Economic Recovery by Increasing Land Use Flexibility in the City’s Downtown Area and Establishing a Pilot Program to Allow for Exclusively Commercial Outdoor Uses in the Office Campus District to Allow Additional Flexibility Related to Community Assembly Uses in the Bayside Conservation District.

10.B. Introduction and Adoption of an Ordinance Establishing Off-site Affordable Housing Pilot Incentive Program - Revised Staff Report. 8/07/25 Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that the Emergency Ordinance is statutorily exempt from the California Environment Quality Act (CEQA) pursuant to Section 21080.085(a) of the California Public Resources Code and was previously analyzed in the 2021-2029 6th Cycle Housing Element Environmental Impact Report (EIR).

2. Introduction and Adoption of an Emergency Ordinance Amending the Zoning Ordinance to Establish a Pilot Program Allowing for Flexibility and Incentives for Complying with the City’s Affordable Housing Production Program.

11. STAFF ADMINISTRATIVE ITEMS

11.A. Parking Rate Restructuring Strategies
City of Santa Monica Generated: 8/13/2025 8:03 AM Page 10 Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15273 of the California Environmental Quality Act (CEQA) Guidelines

2. Review and provide direction and recommendations on the parking rate restructuring proposals presented herein;

3. Provide approval for proposed rate structure; and

4. Direct staff to begin the California Coastal Commission approval process for the proposed rates and return to Council with a parking resolution for approval upon completion of the Coastal Commission process.

12. PUBLIC HEARINGS
No items

13. REPORTS OF BOARDS AND COMMISSIONS
No items

14. RESOLUTIONS
No items

15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
No items

16. COUNCILMEMBER DISCUSSION ITEMS

16.A. Appointment to one vacancy on the Building & Fire-Life Safety Commission for a term ending June 30, 2029. - New Item Received. 8/07/2025

16.B. Appointment to one vacancy on the Housing Commission for a term ending on June 30, 2027. - New Item Received. 8/07/2025

16.C. Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on June 30, 2026. - New Item Received. 8/07/2025

16.D. Appointments to two vacancies on the Public Safety Reform & Oversight Commission for terms ending on June 30, 2029. - New Item Received. 8/07/2025

16.E. Establish and appoint a temporary ad hoc Council committee for the City Attorney recruitment process. - New Item Received. 8/07/2025 City of Santa Monica Generated: 8/13/2025 8:03 AM Page 11

16.F. Request of Mayor Negrete and Councilmember Raskin that the City Council, to kick off Hispanic Heritage Month festivities, approve City sponsorship of the 5th Annual Santa Monica Classic Car Show presented by the Pico Youth and Family Center taking place September 13, 2025 on the Santa Monica Pier, by directing the City Manager to waive the City’s portion of fees, including application, administrative, neighborhood notification, business license, parking, and zero waste plan fees associated with the partial use of the pier in an amount up to $16,000 in waived fees. - New Item Received. 8/07/2025

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 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: August 12, 2025
Agenda Item: 1.A
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Written Comments
Prepared By: David Yakobson, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Written Comments

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1 David Yakobson
From: Laura Park <[email protected]>
Sent: Tuesday, August 12, 2025 1:56 PM
To: councilmtgitems; Ellis Raskin; Dan Hall; [email protected]; [email protected]; Barry Snell; Caroline Torosis; Lana Negrete Subject: Conflict of Interest and Lack of Concern for Safety

EXTERNAL
Dear City Council Members,
Have you received donations from builder Stephen Anderson, Stanford Del Mar, LLC, Ashland Del Mar, LLC, and/or Eric Silveberg?
I am deeply concerned about information suggesting that possible donations to council members may have influenced the passageof an emergency ordinance, where clearly THERE IS NO EMERGENCY. Such actions could constitute a conflict of interest and may violate state law.

Specifically, I am seeking clarification on why SB1123 was designated as an "emergency ordinance" and what criteria were used to justify bypassing the standard legislative process. The public deserves to understand the urgency that led to the ordinance's expedited passage, especially in light of reports that certain developers, including Ashland Del Mar, LLC, stood to benefit directly. Even the appearance of a quid pro quo demands transparency and public accountability from our elected officials.

It seems as though our city council is taking a page out of the TRUMP playbook and setting their own agenda despite what the public truly wants.

Laura Park
1301 Ashland Ave.

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2 David Yakobson
From: John Williams <[email protected]>
Sent: Monday, August 11, 2025 2:24 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Bring Back the Rusty’s Workers! Pass a strong Right of Recall Ordinance!

EXTERNAL
Honorable Mayor Negrete and City Councilmembers,
The pier is an iconic destination, with 14 million tourists visiting it every year. The workers at Rusty’s welcomed so many of them for so many years, but they were laid off in January. When someone comes back to rent that space on the pier again, shouldn’t the workers be able to come back, too? Please pass a strong Right of Recall Ordinance.

John
California
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Attachment: Written Comments (7264 : Written Comments)
1 David Yakobson
From: [DC36] Bob Adams <[email protected]>
Sent: Tuesday, August 12, 2025 9:27 AM
To: councilmtgitems
Cc: Stelios Makrides; Peter James; Zach Pollard; Cecilia Tovar; Alex Nazarchuk; Jennifer Ullrich; Matthew Wells; Jennifer Ullrich; stelios makrides; Jason Kligier Subject: MTA Letter to Council-Non Agenda Item
Attachments: MTA Letter AFSCME 4819.pdf

EXTERNAL
Madame Clerk,
Thank you for including the enclosed letter in the record for today's meeting.

Appreciation.

Bob Adams
Business Representative
AFSCME Council 36
South Bay Office
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1 David Yakobson
From: John Alle <[email protected]>
Sent: Tuesday, August 12, 2025 7:58 AM
To: The Santa Monica Coalition
Subject: Reported and Unreported Crime

EXTERNAL
Thank you Sergeant Verbeck and Santa Monica PD for your passion, ongoing training and interaction with residents and businesses. The SM Coalition thinks the weekly Blue Notebook is awesome. Funding for more sworn officers Chief Batista continues to request from City Council would result in more proactive patrols and decreased crime. Is funding for any other item in the City budget well spent without a safer city? Insta
https://www.instagram.com/reel/DNQjhKPCDVP/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/fFm2hQJ9bGE
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From: John Alle <[email protected]>
Sent: Monday, August 11, 2025 2:44 PM
To: The Santa Monica Coalition
Subject: Self Defense In Santa Monica Whose City Council Does NOT Believe Safety is The Top Priority

EXTERNAL
"The principle of self defense, even including weapons and bloodshed, has never been condemned, even by Gandhi." Martin Luther King, Jr.
"The right to self defense never ceases. It is among the most sacred, and alike necessary to nations and to individuals. As long as there is life and a society, the need for self defense will always be present. As long as you're alive your need to defend yourself and your life never ends." James Monroe Insta
https://www.instagram.com/reel/DNOqE0winql/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/tXDnAtEN6u0.

Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 29
Attachment: Written Comments (7264 : Written Comments)
1 David Yakobson
From: Kazi Myers <[email protected]>
Sent: Saturday, August 9, 2025 4:30 AM
To: councilmtgitems
Subject: Airport Park (Maximize green space)

EXTERNAL
Dear Council,
I am writing to express opposition to including affordable housing in the new airport park. My son is 7.5 years old and we use Reed Park daily. We also use the beach park by the Jonathan Club during the summer months. We also go to Marine Park every Tuesday to play with friends (other kids my son's age).

We live at 5th and Wilshire in a two bedroom apartment. Since we live in an apartment we must go to the parks to get green space. To hike and truly be car free we used to go to Temescal Canyon in the Palisades. A place where you can lose sight of cars and roadways and be surrounded by nature.

I see the new airport park as a once in a lifetime opportunity to expand green space in Santa Monica and be in a car free environment to walk and play and watch kids develop and form friendships in a natural environment. I think concrete should be minnimal in the park. Natural wildlife should be maximized.

Kazi Myers
46 years old
Lived in Santa Monica for 40 years
1127 5th Street
Santa Monica 90403
Son Magnus, Partner Petra
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 30
Attachment: Written Comments (7264 : Written Comments)
1 David Yakobson
From: Marty Ochoa <[email protected]>
Sent: Friday, August 8, 2025 8:02 AM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Rusty's Workers are Fighting for a Right to Recall! Pass a Right of Recall Ordinance

EXTERNAL
Honorable Mayor Negrete and City Councilmembers,
Please pass a strong Right to Recall Ordinance. Rusty’s workers are fighting for a Right to Recall, and other workers deserve it, too. The Right to Recall Ordinance could ensure that when a restaurant on public land, like the pier, closes, any new employer who takes over the same workplace would have to offer laid off former workers any available jobs for which they are qualified, such as jobs similar to the ones they previously held. The Rusty’s workers welcomed thousands of visitors to Santa Monica for years and now it is up to us to welcome the workers back to the pier. Please support the Rusty’s workers and pass a strong Right to Recall Ordinance.

Marty
California
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 31
Attachment: Written Comments (7264 : Written Comments)
2 David Yakobson
From: Johnny Lareso <[email protected]>
Sent: Friday, August 8, 2025 11:39 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Bring Back the Rusty’s Workers! Pass a strong Right of Recall Ordinance!

Johnny
California
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 32
Attachment: Written Comments (7264 : Written Comments)
3 David Yakobson
From: Sandy Savett <[email protected]>
Sent: Saturday, August 9, 2025 8:35 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Rusty's Workers are Fighting for a Right to Recall! Pass a Right of Recall Ordinance

Sandy
California
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 33
Attachment: Written Comments (7264 : Written Comments)
4 David Yakobson
From: Isabella Underwood <[email protected]> Sent: Friday, August 8, 2025 5:47 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Support a Strong Right to Recall Ordinance

EXTERNAL
Honorable Mayor Negrete and City Councilmembers,
I support a strong Right to Recall Ordinance! The iconic Pier restaurant Rusty’s closed this January leading workers --some who have worked there for as long as a decade-- to lose their livelihoods. The workers want the opportunity to go back to work if and when someone comes to rent the space. A RIGHT TO RECALL Ordinance could establish that when a restaurant on public land, like the pier, closes, any new employer who takes over the same workplace would need to offer available jobs to qualified laid off workers. Please support the hospitality workers on our City-owned land and pass a strong Right to Recall Ordinance! Isabella
Georgia
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 34
Attachment: Written Comments (7264 : Written Comments)
From: Stevan Hill
To: councilmtgitems
Subject: Not enough police!!!!
Date: Friday, August 8, 2025 10:52:54 AM

EXTERNAL
The Latest Santa Monica Coalition Mini Documentary
Ninety percent (90%) of store owners and employees on Santa Monica's 3rd StreetPromenade and Downtown say they are being attacked or experiencing theft.

Most of the theft occurs during business hours. The frequency of theft ranged from once an hour for larger stores, a couple times a day for smaller stores, to once a week for stores that sold larger, heavier items. Ralphs, Vons, Pavilions, Whole Foods, Trader Joe's and Erewhon Markets also participated in the survey. Nathan Hochman, the new District Attorney for Los Angeles, addressed this very issue on Memorial Day. Prosecuting retail theft offenders is one of his priorities.

District Attorney Hochman's office provided window notices for ground floor businesses. Unfortunately for Santa Monica, Andrew Thomas, CEO of Downtown Santa Monica Inc. the city-controlled nonprofit that's supposed to be focused on safety and promoting business, refused to allow DTSM offices as a central place on the Promenade for businesses to pick up the window notices. Business owner John Alle appealed to the CEO's Board of Directors in their last meeting. The DTSM Board said YES to the window notices and NO to Andrew Thomas' request for a salary increase of about $350,000 a year, annual signing bonus, cost of living increase and almost a month of vacation time. Safety is an issue Santa Monica's Police Chief has repeatedly said requires more Police presence. The majority on the City Council backed by SMRR say NO. If employees do not feel safe, why would customers, diners and tourists feel safe?
You Tube: Watch More
Instagram: Watch More
Stevan Hill
Business Development for North America
310-880-9200
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 35
Attachment: Written Comments (7264 : Written Comments)
From: Stevan Hill
To: councilmtgitems
Cc: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick; [email protected] Subject: Screenshot 2025-08-08 at 10.28.00 AM
Date: Friday, August 8, 2025 10:40:48 AM

EXTERNAL
Over price for rent control building.

Up keep for a 76 year old building 20% more than a new building! What is the return on investment? Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 36
Attachment: Written Comments (7264 : Written Comments)
Stevan Hill
Business Development for North America
310-880-9200
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 37
Attachment: Written Comments (7264 : Written Comments)
From: Stevan Hill
To: councilmtgitems
Subject: Screenshot 2025-08-08 at 10.45.23 AM
Date: Friday, August 8, 2025 10:46:33 AM

EXTERNAL
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 38
Attachment: Written Comments (7264 : Written Comments)
Stevan Hill
Business Development for North America
310-880-9200
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 39
Attachment: Written Comments (7264 : Written Comments)
From: Stevan Hill
To: councilmtgitems
Subject: Screenshot 2025-08-08 at 10.54.15 AM
Date: Friday, August 8, 2025 10:55:54 AM

EXTERNAL
Need more police!!
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 40
Attachment: Written Comments (7264 : Written Comments)
Stevan Hill
Business Development for North America
310-880-9200
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 41
Attachment: Written Comments (7264 : Written Comments)
From: Stevan Hill
To: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick; councilmtgitems Subject: Screenshot 2025-08-08 at 10.54.15 AM
Date: Friday, August 8, 2025 11:00:32 AM

EXTERNAL
Need more police
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 42
Attachment: Written Comments (7264 : Written Comments)
Stevan Hill
Business Development for North America
310-880-9200
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 43
Attachment: Written Comments (7264 : Written Comments)
1 David Yakobson
From: Sarah Newell <[email protected]>
Sent: Wednesday, August 6, 2025 9:12 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Support a Strong Right to Recall Ordinance

EXTERNAL
Honorable Mayor Negrete and City Councilmembers,
I support a strong Right to Recall Ordinance! The iconic Pier restaurant Rusty’s closed this January leading workers --some who have worked there for as long as a decade-- to lose their livelihoods. The workers want the opportunity to go back to work if and when someone comes to rent the space. A RIGHT TO RECALL Ordinance could establish that when a restaurant on public land, like the pier, closes, any new employer who takes over the same workplace would need to offer available jobs to qualified laid off workers. Please support the hospitality workers on our City-owned land and pass a strong Right to Recall Ordinance! Sarah
California
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 44
Attachment: Written Comments (7264 : Written Comments)
2 David Yakobson
From: Sandra Pettway <[email protected]>
Sent: Wednesday, August 6, 2025 7:57 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Bring Back the Rusty’s Workers! Pass a strong Right of Recall Ordinance!

Sandra
California
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 45
Attachment: Written Comments (7264 : Written Comments)
3 David Yakobson
From: Summer Bennett Stein <[email protected]> Sent: Thursday, August 7, 2025 4:22 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Support a Strong Right to Recall Ordinance

EXTERNAL
Honorable Mayor Negrete and City Councilmembers,
I support a strong Right to Recall Ordinance! The iconic Pier restaurant Rusty’s closed this January leading workers --some who have worked there for as long as a decade-- to lose their livelihoods. The workers want the opportunity to go back to work if and when someone comes to rent the space. A RIGHT TO RECALL Ordinance could establish that when a restaurant on public land, like the pier, closes, any new employer who takes over the same workplace would need to offer available jobs to qualified laid off workers. Please support the hospitality workers on our City-owned land and pass a strong Right to Recall Ordinance! Summer
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 46
Attachment: Written Comments (7264 : Written Comments)
4 David Yakobson
From: Paul Rosenstein <[email protected]>
Sent: Wednesday, August 6, 2025 7:44 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Support a Strong Right to Recall Ordinance

EXTERNAL
Honorable Mayor Negrete and City Councilmembers,
I support a strong Right to Recall Ordinance! The iconic Pier restaurant Rusty’s closed this January leading workers --some who have worked there for as long as a decade-- to lose their livelihoods. The workers want the opportunity to go back to work if and when someone comes to rent the space. A RIGHT TO RECALL Ordinance could establish that when a restaurant on public land, like the pier, closes, any new employer who takes over the same workplace would need to offer available jobs to qualified laid off workers. Please support the hospitality workers on our City-owned land and pass a strong Right to Recall Ordinance! Paul
California
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 47
Attachment: Written Comments (7264 : Written Comments)
5 David Yakobson
From: Debbie Paperman <[email protected]>
Sent: Wednesday, August 6, 2025 7:29 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Bring Back the Rusty’s Workers! Pass a strong Right of Recall Ordinance!

Debbie
California
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 48
Attachment: Written Comments (7264 : Written Comments)
6 David Yakobson
From: Karin Morris <[email protected]>
Sent: Wednesday, August 6, 2025 7:23 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Bring Back the Rusty’s Workers! Pass a strong Right of Recall Ordinance!

Karin
California
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 49
Attachment: Written Comments (7264 : Written Comments)
7 David Yakobson
From: Steven Spencer <[email protected]>
Sent: Wednesday, August 6, 2025 8:01 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Support a Strong Right to Recall Ordinance

EXTERNAL
Honorable Mayor Negrete and City Councilmembers,
I support a strong Right to Recall Ordinance! The iconic Pier restaurant Rusty’s closed this January leading workers --some who have worked there for as long as a decade-- to lose their livelihoods. The workers want the opportunity to go back to work if and when someone comes to rent the space. A RIGHT TO RECALL Ordinance could establish that when a restaurant on public land, like the pier, closes, any new employer who takes over the same workplace would need to offer available jobs to qualified laid off workers. Please support the hospitality workers on our City-owned land and pass a strong Right to Recall Ordinance! Steven
California
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 50
Attachment: Written Comments (7264 : Written Comments)
8 David Yakobson
From: Maurice Zeitlin <[email protected]>
Sent: Thursday, August 7, 2025 10:36 AM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Bring Back the Rusty’s Workers! Pass a strong Right of Recall Ordinance!

Maurice
California
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 51
Attachment: Written Comments (7264 : Written Comments)
9 David Yakobson
From: Johnny Green <[email protected]>
Sent: Thursday, August 7, 2025 7:43 AM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Rusty's Workers are Fighting for a Right to Recall! Pass a Right of Recall Ordinance

Johnny
California
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 52
Attachment: Written Comments (7264 : Written Comments)
10 David Yakobson
From: Marisela Herrera <[email protected]>
Sent: Thursday, August 7, 2025 8:58 AM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Support a Strong Right to Recall Ordinance

EXTERNAL
Honorable Mayor Negrete and City Councilmembers,
I support a strong Right to Recall Ordinance! The iconic Pier restaurant Rusty’s closed this January leading workers --some who have worked there for as long as a decade-- to lose their livelihoods. The workers want the opportunity to go back to work if and when someone comes to rent the space. A RIGHT TO RECALL Ordinance could establish that when a restaurant on public land, like the pier, closes, any new employer who takes over the same workplace would need to offer available jobs to qualified laid off workers. Please support the hospitality workers on our City-owned land and pass a strong Right to Recall Ordinance! Marisela
California
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 53
Attachment: Written Comments (7264 : Written Comments)
1 David Yakobson
From: Jennifer Lynch <[email protected]>
Sent: Thursday, August 7, 2025 9:17 AM
To: Jesse Zwick; Dan Hall; councilmtgitems
Subject: Re: Conflict of interest concern

EXTERNAL
Dear Mr. Zwick and Mr. Hall,
Did builder Stephen Anderson, Stanford Del Mar, LLC, Ashland Del Mar, LLC., and/or Eric Silverberg throw you a party?
If someone throws a party or donates to a city council member in exchange for passing an emergency ordinance, it may violate:
 Bribery laws
 Conflict of interest laws
 Campaign finance rules
 Open meeting laws
 Federal fraud statutes
How much was the fundraising party? If they threw you or Mr. Hall a party, you and Mr. Hall should not have voted on 1123 because it would represent a conflict of interest and a violation of state law.

Again, I have serious concerns that possible donations
to council members may have influenced the passage of
an emergency ordinance.

Thank you,
Jen Lynch
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 54
Attachment: Written Comments (7264 : Written Comments)
2 On Aug 7, 2025, at 8:59 AM, Jesse Zwick <[email protected]> wrote:

Hi Jennifer, donations are already a matter of public record. I have received no donations from Ashland Del Mar, nor any other developer or development entity. You do not need a PRA to look that up.

From: Jennifer Lynch <[email protected]>
Sent: Thursday, August 7, 2025 8:13 AM
To: Jesse Zwick <[email protected]>; Dan Hall <[email protected]> Subject: Conflict of interest concern

EXTERNAL
Dear Council Members Hall and Zwick,
I have sent an email to the Santa Monica City Clerk and City Council because I am deeply concerned about information suggesting that possible donations to council members may have influenced the passage of an emergency ordinance. Such actions could constitute a conflict of interest and may violate state law.

Specifically, I am seeking clarification on why SB1123 was designated as an “emergency ordinance” and what criteria were used to justify bypassing the standard legislative process. The public deserves to understand the urgency that led to the ordinance’s expedited passage, especially in light of reports that certain developers, including Ashland Del Mar, LLC, stood to benefit directly. Even the appearance of a quid pro quo demands transparency and public accountability from our elected officials.

Thank you,
Jennifer Lynch
[email protected]
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 55
Attachment: Written Comments (7264 : Written Comments)
3 David Yakobson
From: John Alle <[email protected]>
Sent: Thursday, August 7, 2025 9:51 AM
To: The Santa Monica Coalition
Subject: Voting For Change

EXTERNAL
Don't be discouraged. We're with you through Election Day November 3, 2026, and beyond. 3 seats on Santa Monica's City Council will be decided by eligible voters. The Sheriff's, 2 seats on the Los Angeles County Board of Supervisors, the Mayor's, Assessor's, and 8 seats on LA's City Council will also be decided, among others.

Insta
https://www.instagram.com/reel/DND4EbJigM5/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/60_iW13yX4Q
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 56
Attachment: Written Comments (7264 : Written Comments)
1 David Yakobson
From: John Alle <[email protected]>
Sent: Wednesday, August 6, 2025 9:22 AM
To: The Santa Monica Coalition
Subject: A MORE PRECISE "State of the City Address"

EXTERNAL
One year later, do you feel safer as a merchant, employee or resident? Store owners on Montana Avenue say NO.

More law enforcement and additional cops needed on the street. Should the Mayor and City Council spend more time during Council Meetings addressing owners' concerns and increasing the police department's budget to hire more officers? Please share your thoughts as a store owner, employee, resident or visitor.

Insta
https://www.instagram.com/reel/DNBP6ozim8v/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/-A5f7wbajl0
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 57
Attachment: Written Comments (7264 : Written Comments)
2 David Yakobson
From: Honor Fredlund <[email protected]>
Sent: Wednesday, August 6, 2025 7:13 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Bring Back the Rusty’s Workers! Pass a strong Right of Recall Ordinance!

Honor
California
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 58
Attachment: Written Comments (7264 : Written Comments)
3 David Yakobson
From: James Petrille <[email protected]>
Sent: Wednesday, August 6, 2025 7:16 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Bring Back the Rusty’s Workers! Pass a strong Right of Recall Ordinance!

James
California
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 59
Attachment: Written Comments (7264 : Written Comments)
4 David Yakobson
From: Deirdre McCarthy <[email protected]>
Sent: Wednesday, August 6, 2025 7:17 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Support a Strong Right to Recall Ordinance

EXTERNAL
Honorable Mayor Negrete and City Councilmembers,
I support a strong Right to Recall Ordinance! The iconic Pier restaurant Rusty’s closed this January leading workers --some who have worked there for as long as a decade-- to lose their livelihoods. The workers want the opportunity to go back to work if and when someone comes to rent the space. A RIGHT TO RECALL Ordinance could establish that when a restaurant on public land, like the pier, closes, any new employer who takes over the same workplace would need to offer available jobs to qualified laid off workers. Please support the hospitality workers on our City-owned land and pass a strong Right to Recall Ordinance! Deirdre
California
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 60
Attachment: Written Comments (7264 : Written Comments)
5 David Yakobson
From: Jaenell Cowart <[email protected]>
Sent: Wednesday, August 6, 2025 7:24 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Support a Strong Right to Recall Ordinance

EXTERNAL
Honorable Mayor Negrete and City Councilmembers,
I support a strong Right to Recall Ordinance! The iconic Pier restaurant Rusty’s closed this January leading workers --some who have worked there for as long as a decade-- to lose their livelihoods. The workers want the opportunity to go back to work if and when someone comes to rent the space. A RIGHT TO RECALL Ordinance could establish that when a restaurant on public land, like the pier, closes, any new employer who takes over the same workplace would need to offer available jobs to qualified laid off workers. Please support the hospitality workers on our City-owned land and pass a strong Right to Recall Ordinance! Jaenell
California
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 61
Attachment: Written Comments (7264 : Written Comments)
6 David Yakobson
From: Lisa Packham <[email protected]>
Sent: Wednesday, August 6, 2025 7:15 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Bring Back the Rusty’s Workers! Pass a strong Right of Recall Ordinance!

In the early 90s, I worked at the circle bar on Main Street. When the new owners took over, they lead on the current employees to believe that we were going to have employment when ownership changed. The day before the new owners took over we were all fired. I was a single mother at the time and it completely destroyed my livelihood. Had I been able to continue working there? I could’ve stayed in my home.

Lisa
California
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 62
Attachment: Written Comments (7264 : Written Comments)
7 David Yakobson
From: Kristofer Sellman-Johnson <[email protected]> Sent: Wednesday, August 6, 2025 7:28 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Bring Back the Rusty’s Workers! Pass a strong Right of Recall Ordinance!

Thank you,
Kris
Kristofer
California
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 63
Attachment: Written Comments (7264 : Written Comments)
8 David Yakobson
From: Sheila Johns <[email protected]>
Sent: Wednesday, August 6, 2025 7:30 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Bring Back the Rusty’s Workers! Pass a strong Right of Recall Ordinance!

EXTERNAL
Honorable Mayor Negrete and City Councilmembers,
I have lived here for 25 years and frequently went to Rusty’s restaurant and the employees were the reason I went there! I hope that you server out community and make sure the employees are hired back as they devoted their lives to that place! I am so tired of the lack of support our city of Santa Monica provides our beloved community. Please have a heart and bring these hard workers back! Thank you!
Sheila Johns
Sheila
California
Item 1
August 12, 2025
Item 1
August 12, 2025

1.A.a
Packet Pg. 64
Attachment: Written Comments (7264 : Written Comments)
9 David Yakobson
From: Veyler Hildebrand <[email protected]> Sent: Wednesday, August 6, 2025 7:30 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Support a Strong Right to Recall Ordinance

EXTERNAL
Honorable Mayor Negrete and City Councilmembers,
I support a strong Right to Recall Ordinance! The iconic Pier restaurant Rusty’s closed this January leading workers --some who have worked there for as long as a decade-- to lose their livelihoods. The workers want the opportunity to go back to work if and when someone comes to rent the space. A RIGHT TO RECALL Ordinance could establish that when a restaurant on public land, like the pier, closes, any new employer who takes over the same workplace would need to offer available jobs to qualified laid off workers. Please support the hospitality workers on our City-owned land and pass a strong Right to Recall Ordinance! Veyler
California
Item 1
August 12, 2025
Item 1
August 12, 2025

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Attachment: Written Comments (7264 : Written Comments)
10 David Yakobson
From: juno ogura <[email protected]>
Sent: Wednesday, August 6, 2025 7:28 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Support a Strong Right to Recall Ordinance

EXTERNAL
Honorable Mayor Negrete and City Councilmembers,
I support a strong Right to Recall Ordinance! The iconic Pier restaurant Rusty’s closed this January leading workers --some who have worked there for as long as a decade-- to lose their livelihoods. The workers want the opportunity to go back to work if and when someone comes to rent the space. A RIGHT TO RECALL Ordinance could establish that when a restaurant on public land, like the pier, closes, any new employer who takes over the same workplace would need to offer available jobs to qualified laid off workers. Please support the hospitality workers on our City-owned land and pass a strong Right to Recall Ordinance! juno
California
Item 1
August 12, 2025
Item 1
August 12, 2025

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Attachment: Written Comments (7264 : Written Comments)
11 David Yakobson
From: ROCHEL KURTZMAN <[email protected]>
Sent: Wednesday, August 6, 2025 7:16 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Support a Strong Right to Recall Ordinance

EXTERNAL
Honorable Mayor Negrete and City Councilmembers,
I support a strong Right to Recall Ordinance! The iconic Pier restaurant Rusty’s closed this January leading workers --some who have worked there for as long as a decade-- to lose their livelihoods. The workers want the opportunity to go back to work if and when someone comes to rent the space. A RIGHT TO RECALL Ordinance could establish that when a restaurant on public land, like the pier, closes, any new employer who takes over the same workplace would need to offer available jobs to qualified laid off workers. Please support the hospitality workers on our City-owned land and pass a strong Right to Recall Ordinance! ROCHEL
California
Item 1
August 12, 2025
Item 1
August 12, 2025

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Attachment: Written Comments (7264 : Written Comments)
12 David Yakobson
From: Evelyn Valle <[email protected]>
Sent: Wednesday, August 6, 2025 7:39 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Support a Strong Right to Recall Ordinance

EXTERNAL
Honorable Mayor Negrete and City Councilmembers,
I support a strong Right to Recall Ordinance! The iconic Pier restaurant Rusty’s closed this January leading workers --some who have worked there for as long as a decade-- to lose their livelihoods. The workers want the opportunity to go back to work if and when someone comes to rent the space. A RIGHT TO RECALL Ordinance could establish that when a restaurant on public land, like the pier, closes, any new employer who takes over the same workplace would need to offer available jobs to qualified laid off workers. Please support the hospitality workers on our City-owned land and pass a strong Right to Recall Ordinance! Evelyn
California
Item 1
August 12, 2025
Item 1
August 12, 2025

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Attachment: Written Comments (7264 : Written Comments)
13 David Yakobson
From: Divina Sevilla <[email protected]>
Sent: Wednesday, August 6, 2025 7:47 PM
To: Lana Negrete; Jesse Zwick; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Santa Monica City Manager's Office; Attorney Mailbox; councilmtgitems Subject: Rusty's Workers are Fighting for a Right to Recall! Pass a Right of Recall Ordinance

Divina
California
Item 1
August 12, 2025
Item 1
August 12, 2025

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Attachment: Written Comments (7264 : Written Comments)
City Council
Report
City Council Meeting: August 12, 2025
Agenda Item: 2.A
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Recognition of Outgoing Board & Commission Members The City of Santa Monica has a rich history of public participation through its boards, commissions, and task forces program. These volunteers serve in an advisory capacity, assisting the Council in providing linkages between residents, organizations, city officials and the general community.

On behalf of the City of Santa Monica, the City Council, in coordination with the Office of the City Clerk, would like to extend their appreciation and well wishes to the following members who completed their service to a board, commission, or task force between July 1, 2024 and June 30, 2025 (see attached list).

Prepared By: Nikima Newsome, City Clerk
Approved Forwarded to Council

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City Council
Report
City Council Meeting: August 12, 2025
Agenda Item: 2.B
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Special Agenda Items
Subject: SMFD Awards
Prepared By: Kennisha Williams, Administrative Staff Assistant Approved Forwarded to Council

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City Council
Report
City Council Meeting: August 12, 2025
Agenda Item: 4.A
1 of 4
To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Approval of Purchase of Cradlepoint Mobile Data Devices for the Police Department's Vehicles
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.

Summary
The City’s current mobile data system for the Police Department was purchased in 2017 and is no longer supported by the manufacturer. Staff seeks City Council approval to authorize the Procurement Manager to issue a purchase order with Red River Technology, LLC (Red River) for 230 new Cradlepoint 5G vehicle modems, which includes 6 years of cloud management, in an amount not to exceed $624,784. This is made as an exception to the competitive bid process and relies upon the same pricing offered to the State of California in its contract with Red River (Contract No. 7-20-70-47- 02, NASPO Value Point Master Agreement for Data Communications).

Discussion

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The Police Department’s current fleet of vehicle cellular modems operate on 4G LTE and are installed in all police vehicles. These modems supply an internet connection to the in-vehicle systems including the mobile data computer (MDC) and Axon camera system. The modem also provides for GPS tracking on all vehicles to ensure fleet asset tracking and employee safety. The current modems, Cradlepoint IBR1100’s, were purchased in 2017 and support for these devices were canceled by Cradlepoint on 11/1/2024. Since the cancellation date, security patches and cloud management of modems are no longer available, making the current devices a security vulnerability. In addition, due to the age of the equipment, a large portion of the modems have started to fail. The new Cradlepoint modem, the R1900, will provide vehicles with 5G network connectivity and the ability to connect to multiple cellular networks simultaneously to ensure continuous high availability network connectivity. These new modems will provide the same capabilities as the older model, however with the addition of the 5G technology, will have speeds roughly 10-20 times faster than the previous model.

These new modems will allow the computers to view the City’s CCTV system from within the police vehicles, which functionality was not available on the older generation Cradlepoint modems.

The R1900 Cradlepoint modem also provides an automatic vehicle location (AVL) to the City’s new Versaterm computer aided dispatch (CAD) system. Without a reliable modem, Police Department staff and 911 dispatchers lose the ability to view the realtime locations of officers in the field, which can hinder response times to emergency calls. Additionally, the R1900 provides officers with cellular network connectivity, which ensures the most reliable possible connection to the CAD system. This ensures the officers receive their calls for service and officer safety alerts related to wanted individuals or vehicles.

Vendor Selection
Exception to Competitive Bidding
Staff recommend Red River Technology LLC to furnish and deliver 230 R1900 Cradlepoint devices as an exception to competitive bidding per Muni Code 2.24.250 (c).

The National Association of State Procurement Officials (NASPO) is a Cooperative Purchasing Organization that serves, state, local, and education entities. As a cooperative purchasing agency, they

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acquire goods or services by aggregating the demand of two or more entities in an effort to obtain more economical pricing. Staff would utilize the NASPO contract 7-20-70-47-02 that was established on June 1, 2020 and expires on September 30, 2026. This cooperative contract provides competitive leveraged pricing for data communication products and associated services. c. competitive procedures were followed by a governmental agency, federal, state, county, city, joint powers agency, special district, or cooperative purchasing agency and the goods or services are supplied to the City at the same or better price;
Environmental Review
This purchase order is categorically exempt from CEQA pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines which states that CEQA does not apply “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” This agreement would allow the City to have network connectivity with vehicle modems. It can be seen with certainty that the order would not result in adverse physical impacts on the environment, and as such, exempt from CEQA.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to award a purchase order with Red River Technology, LLC. for Cradlepoint devices in police vehicles.

Purchase Order Request
FY2025-26
Budget
Request Amount
CIP Account # Total Contract Amount
$624,784 C0107850.689000 $624,784

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Prepared By: Jose Arroyo, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. Oaks Initiative - Red River
B. Levine Act Disclosure - Signed

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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 # ___________________________ George Shalhoub VP, COntracts & Compliance
June 25, 2025
[email protected] 571-353-6332
Red River Technology LLC
Anthony Christie (CEO), Brent Pugh (CFO), Courtney Mitchell (CHRO), Kush Kumar (CRO).

N/A
George Shalhoub Digitally signed by George Shalhoub
Date: 2025.06.25 08:08:36 -04'00'

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Attachment: Oaks Initiative - Red River [Revision 1] (7087 : Award CradlePoint PO) 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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Attachment: Levine Act Disclosure - Signed [Revision 1] (7087 : Award CradlePoint PO) 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.

June 25, 2025
George Shalhoub VP, Contracts & Compliance
Red River Technology LLC
George Shalhoub Digitally signed by George Shalhoub
Date: 2025.06.25 08:10:03 -04'00'

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Attachment: Levine Act Disclosure - Signed [Revision 1] (7087 : Award CradlePoint PO) City Council
Report
City Council Meeting: August 12, 2025
Agenda Item: 4.B
1 of 3
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Resource Recovery & Recycling
Subject: Adoption of Resolution Authorizing Participation in the Used Oil Payment Program
Recommended Action
Staff recommends that the City Council:

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

2. Adopt the attached resolution authorizing the City Manager to submit and execute applications, agreements, and annual reports for the CalRecycle Used Oil Payment Program.

Summary
The City administers its used oil and oil filter collection and recycling program using state funding. To remain eligible for the annual funding, the City must adopt a resolution acknowledging the California Department of Resources Recycling and Recovery’s (CalRecycle) Used Oil Payment Program (OPP), which must be kept on file with CalRecycle.

Discussion
Used oil and oil filters are considered hazardous waste because they contain chemicals and other toxic substances that can harm human health and the environment if not disposed of properly. In October 2009, CalRecycle established the OPP to help fund collection and recycling programs for used oil and oil filters in local jurisdictions. Each qualifying jurisdiction is required to submit a resolution acknowledging the OPP and

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authorizing local participation on its own behalf, without the participation of regional entities. Council adopted these resolutions in 2011, 2015, and again in 2020, with the current authorization expiring on August 28, 2025.

Since the inception of CalRecycle’s Used Oil Payment Program, the City has applied for and received 15 payments. Staff has primarily used funding from past annual awards for public education initiatives, such as print and digital outreach to raise awareness about proper disposal methods for used oil and oil filters. In recent years, the annual awards have ranged between $10,000 to $15,000.

The attached resolution (Attachment D) replaces Resolution Number 11282, which expires on August 28, 2025. Upon adoption of this resolution, the City would be eligible to receive annual OPP funding from the state until rescinded by either the City Council, or by CalRecycle. This payment program resolution does not have an expiration date.

Future annual payment awards to support used oil and used oil filter collection and recycling will be determined and administered in accordance with the terms of the Used Oil Payment Program. Once a payment is awarded, funds must be expended before each cycle’s annual termination date.

Environmental Review
Adoption of the resolution would have no possibility of significant effect on the environment, and therefore, is exempt pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines. The resolution would authorize grant-related applications and other administrative processes related to achieving used oil recycling initiatives. If grant funding is awarded, it will support educational initiatives that do not have a physical impact on the environment.

Past Council Actions
July 26, 2011
(Attachment A)
Council adopted Resolution Number 10596 (CCS) which
authorized the City Manager to apply for and receive OPP funding on behalf of the City.

September 8, 2015
(Attachment B)
Council adopted Resolution Number 10910 (CCS) to replace Resolution Number 10596 (CCS) which terminated on July
28, 2015.

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August 25, 2020
(Attachment C)
Council adopted Resolution Number 11282 (CCS) to replace Resolution Number 10910 which terminated on July 28,
2020. The adoption of Resolution Number 11282 (CCS)
grants the City eligibility to apply for and receive OPP funding through August 28, 2025.

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

Prepared By: Patty Manalo, Administrative Analyst
Approved Forwarded to Council
Attachments:

A. Attachment A - Resolution 10596
B. Attachment B - Resolution 10910
C. Attachment C - Resolution 11282
D. Attachment D - Resolution for Used Oil Payment Program Applications E. September 8, 2015 Staff Report (Web Links)
F. August 25, 2020 Staff Report (Web Link)

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City Council Meeting: July 26, 2011
Agenda Item:

To: Mayor and City Council
From: Dean Kubani, Director- Office of Sustainability and the Environment Subject: Adoption of Resolution Authorizing Used Oil Payment Program Recommended Action
Staff recommends that the City Council adopt the attached five year resolution authorizing the City Manager to submit and execute applications, agreements, and annual reports for CalRecycle'sUsed Oil Payment Program.

Executive Summary
The City relies on state funding to implement and administer its used oil and filter recycling program. The adoption of SB 546 caused administration of the grant to be shifted from the California Integrated Waste Management Board (CIWMB) to the California Department of Resources Recycling and Recovery (CalRecycle). In order for the City to continue receiving funding, Council must adopt a resolution by Aug 1, 2011 acknowledging CalRecycles' Used Oil Payment Program (OPP) and grant signature authority to submit and execute applications, agreements, and annual reports.

Historically signature authority has been granted to the City Manager. The City anticipates receiving approximately $25,000 under the new OPP2 program for FY 2011- 12 Discussion
CalRecycle has established the OPP to make payments to qualifying jurisdictions for implementation of their used oil and oil filter recycling programs. The OPP was authorized by SB 546 and replaces the Used Oil Block Grant Program (UBG). As part of the UBG the City has received 17 used oil recycling grants totaling $883, 73. 955. As part of the OPP1 program the City applied for and received two payments totaling 29,471. In order to complete the application for OPP2 funding, CalRecycle requires that jurisdictions submit a single resolution by August 1, 2011 which authorizes local 1 4.B.a
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Attachment: Attachment A - Resolution 10596 [Revision 1] (7129 : Resolution for Used Oil Payment Program) participation on its own behalf, without the participation of regional entities. The City's current resolution authorizes regional participation from the County of Los Angeles. The attached resolution would be valid for five years and resubmitted to Council for renewal after that period. Adoption of the attached resolution will satisfy CalRecycle's requirement.

Previous Council Action
On July 29, 2009 Council adopted resolution number 10185 CCS granting signature authority to the City Manager to apply for and. receive Used Oil Recycling and Household Hazardous Waste (HHW) grant agreements on behalf of the City of Santa Monica.

On July 13, 2010 Council adopted resolution number 10510 CCS granting signature authority to the City Manager to apply for and receive Used Oil Payment Program funding on behalf of the City of Santa Monica as Lead Agency and the County of Los Angeles as participating agency. The attached five year resolution will replace this current resolution. The Office of Sustainability and the Environment is responsible for administering and implementing the various aspects of the new OPP.

Currently, the City operates a permanent HHW Collection Center available to residents free of charge. Small businesses located in Santa Monica may also use the facility on a fee for service basis. Used motor oil and filters are one of the many products brought to the HHW collection center for disposal. These collection programs help to ensure that HHW (including oil) is not improperly disposed of in the solid waste stream or dumped in a sewer or storm drain.

OPP funds will be used to:
conduct comprehensive informational campaigns
purchase oil collection containers for distribution free of charge to Santa Monica residents
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Attachment: Attachment A - Resolution 10596 [Revision 1] (7129 : Resolution for Used Oil Payment Program) purchase and- install new billboard-type signs for City solid waste vehicles develop outreach materials for HHW management
support the operation of the certified collection centers maintain used motor oil recycling public outreach to underserved communities and schools
maintain oil and filter recycling sites for airport tenants support the use of re-refined oil in City. vehicles
install catch basin inserts with carbon filters to capture used motor oil from urban runoff
support regional campaigns with the County of Los Angeles Financial Impacts & Budget Actions
There are no financial impacts associated with the adoption of this resolution. However, following adoption, the City will be eligible to receive annual OPP funding from the state.

The annual grant award amounts vary and once the grant has been awarded it will be appropriated during budget changes at mid-year.

Prepared by: James Conway, Senior Administrative Analyst Approved:

Dean
ti'~,---
Kubani
Director, Office of Sustainability and
the Environment
Forwarded to Council:

Rod Gould
City Manager
Attachment: Resolution
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Attachment: Attachment A - Resolution 10596 [Revision 1] (7129 : Resolution for Used Oil Payment Program) Reference Resolution Nos.
10596 (CCS).

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Attachment: Attachment A - Resolution 10596 [Revision 1] (7129 : Resolution for Used Oil Payment Program) City Council Meeting: July 26, 2011 Santa Monica, California RESOLUTION NUMBER 10596 (CCS)
City Council Series)

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

AUTHORIZING THE CITY MANAGER TO SUBMIT AND EXECUTE USED OIL

PAYMENT PROGRAM APPLICATIONS AND RELATED AUTHORIZATIONS TO THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY {CalRecycle) WHEREAS, pursuant to Public Resources Code § 48690 the Department of Resources Recycling and Recovery ( CalRecycle), formerly known as the California Integrated Waste Management Board (CIWMB}, has established the Used Oil Payment Program { OPP} to make payments to qualifying jurisdictions for implementation of their used oil programs; and
WHEREAS, pursuant to Public Resources Code § 48690 the Department of Resaurces Recycling and Recovery ( CalRecycle), formerly known as the California Integrated Waste Management Board {CIWMB), has established the Used Oil Payment Program ( OPP} to make payments to qualifying jurisdictions for implementation of their used oil programs; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the administration. of the Used Oil Payment Program; and

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Attachment: Attachment A - Resolution 10596 [Revision 1] (7129 : Resolution for Used Oil Payment Program) WHEREAS, CalRecycle's procedures for administering the Used Oil Payment Program requires, among other things, an Applicant's governing body to declare by resolution certain authorizations related to the administration of CalRecycle's Used Oil
Payment Program.

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

SECTION 1. The submittal of applications to the Department of Resources Recovery and Recycling for the Used Oil Payment Program on behalf of itself as Lead Agency for a period of five years from July 28, 2011 through July 28, 2015 is hereby authorized.

SECTION 2. The City Manager, or designee is hereby authorized to execute in the name of the City of Santa Monica all necessary applications, agreements, contracts, annual reports, expenditure reports, and amendments, thereto for the purposes of securing payments and to implement and carry out the purposes of the Used Oil Collection Program.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:

MARSH JONE OUTRIE
City Attorney
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Attachment: Attachment A - Resolution 10596 [Revision 1] (7129 : Resolution for Used Oil Payment Program) Adopted and approved this 26th day of July, 2011.
1(.Z~- ~-
Ric and Bloom, Mayor
B, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10596 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 26th day of July, 2011, by the following vote:

Ayes: Councilmembers;
Noes: Councilmembers:

Absent: Councilmembers:

Holbrook, O'Connor,
Mayor Pro Tem Davis, Mayor Bloom
None
McKeown, O'Day, Shriver
ATTEST:

Maria M. Stewart, City Jerk

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Attachment: Attachment A - Resolution 10596 [Revision 1] (7129 : Resolution for Used Oil Payment Program)

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Attachment: Attachment B - Resolution 10910 [Revision 1] (7129 : Resolution for Used Oil Payment Program)

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Attachment: Attachment B - Resolution 10910 [Revision 1] (7129 : Resolution for Used Oil Payment Program)

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Attachment: Attachment B - Resolution 10910 [Revision 1] (7129 : Resolution for Used Oil Payment Program) 1 City Council Meeting August 25, 2020 Santa Monica, California RESOLUTION NUMBER 11282 (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA AUTHORIZING

THE CITY MANAGER TO SUBMIT AND EXECUTE

USED OIL PAYMENT PROGRAM APPLICATIONS

AND RELATED AUTHORIZATIONS TO

THE DEPARTMENT OF RESOURCES
RECYCLING AND RECOVERY (CalRecycle)
WHEREAS, pursuant to California Public Resources Code §48690 the Department of Resources Recycling and Recovery (CalRecycle), formerly known as the California Integrated Waste Management Board (CIWMB), has established the Used Oil Payment Program (OPP) to make payments to qualifying jurisdictions for implementation of their used oil programs; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the Used Oil Payment Program; and WHEREAS, CalRecycle’s procedures for administering the Used Oil Payment Program require, among other things, an Applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle’s Used Oil Payment Program.

DocuSign Envelope ID: 66894289-18C3-4BE6-BC23-7BE3DA073A30

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Attachment: Attachment C - Resolution 11282 (7129 : Resolution for Used Oil Payment Program) 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. The submittal of applications to the Department of Resources Recycling and Recovery for the Used Oil Payment Program on behalf of itself as the Lead Agency for a period of five years from August 25, 2020 through August 25, 2025 is hereby authorized.

SECTION 2. The City Manager, or designee is hereby authorized to execute in the name of the City of Santa Monica all necessary applications, agreements, contracts, annual reports, expenditure reports, and amendments thereto for the purposes of securing payments and to implement and carry out the purposes of the Used Oil Payment Program.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________
George S. Cardona
Interim City Attorney
DocuSign Envelope ID: 66894289-18C3-4BE6-BC23-7BE3DA073A30

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Attachment: Attachment C - Resolution 11282 (7129 : Resolution for Used Oil Payment Program) Adopted and approved this 25th day of August 2020.
__________________________
Kevin McKeown, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11282 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 25th day of August 2020, by the following vote:

AYES: Councilmembers Himmelrich, Davis, Jara, McCowan, Winterer Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
DocuSign Envelope ID: 66894289-18C3-4BE6-BC23-7BE3DA073A30

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Attachment: Attachment C - Resolution 11282 (7129 : Resolution for Used Oil Payment Program) 1 City Council Meeting August 12,2025 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

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

AUTHORIZING THE CITY MANAGER TO SUBMIT AND EXECUTE

USED OIL PAYMENT PROGRAM APPLICATIONS AND RELATED

AUTHORIZATIONS TO THE CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CalRecycle)
WHEREAS, pursuant to California Public Resources Code §48690 the California Department of Resources Recycling and Recovery (CalRecycle), formerly known as the California Integrated Waste Management Board (CIWMB), established the Used Oil Payment Program (OPP) to make payments to qualifying jurisdictions for implementation of their used oil programs; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the Used Oil Payment Program; and WHEREAS, CalRecycle’s procedures for administering the Used Oil Payment Program requires, among other things, an Applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle’s Used Oil Payment Program.

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

SECTION 1. Now, therefore, be it resolved that the City of Santa Monica is authorized to submit an application to CalRecycle for the Used Oil Payment Program is effective until rescinded by this governing body.

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Attachment: Attachment D - Resolution for Used Oil Payment Program Applications [Revision 2] (7129 : Resolution for Used Oil Payment 2 SECTION 2. The City Manager, or designee is hereby authorized to execute in the name of the City of Santa Monica all necessary applications, agreements, contracts, annual reports, expenditure reports, and amendments thereto for the purposes of securing payments and to implement and carry out the purposes of the Used Oil Payment Program.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

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Attachment: Attachment D - Resolution for Used Oil Payment Program Applications [Revision 2] (7129 : Resolution for Used Oil Payment City Council
Report
City Council Meeting: August 12, 2025
Agenda Item: 4.C
1 of 5
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Office of Sustainability & the Environment
Subject: Accept Grant Award from the Softwood Lumber Board for the Mass Timber Accelerator Program
Recommended Action
Staff recommends that the City Council:

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

3. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals; and

4. Authorize the budget amendment as outlined in the Financial Impacts & Budget Actions section of the report (requires 5 votes).

Summary
Santa Monica’s Climate Action and Adaptation Plan (CAAP), adopted in 2019, includes several goals to reduce greenhouse gas emissions from the building sector. These goals are primarily tied to reducing operational emissions from the gas and electricity used in building appliances. However, additional savings can be achieved by using materials that have a lower carbon footprint. Embodied carbon, the carbon emissions from the manufacturing and transportation of building materials, accounts for 11% of global carbon emissions and contributes up to a quarter of building sector emissions.

Moreover, the City’s adopted 6th Cycle Housing Element states that the City shall support innovative lower-cost, efficient, and environmentally sustainable construction

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techniques for housing. The City has been awarded a grant from the Softwood Lumber Board (SLB) in the amount of $100,000, paired with local match funding from the Office of Sustainability and the Environment operating budget in the amount of $15,000, to develop a Mass Timber Accelerator Program. Participation in the program would help Santa Monica evaluate the potential benefits and challenges of incorporating mass timber in new buildings, with a goal of providing lessons learned to reduce construction costs and promote low-carbon building design. Funding would be awarded through an application process to up to five building design teams to develop mass timber building designs in addition to a community partner to support outreach and implementation.

Discussion
The mass timber industry has grown significantly in the past few years, and cities and organizations including the International Code Council have been promoting the use of mass timber in new building design due to its numerous benefits, including lower embodied carbon than traditional concrete and steel building techniques. Mass timber refers to engineered wood panels, columns, or beams that possess the strength, durability, and stiffness required for use as building materials, while also offering design flexibility, as these products can be fabricated into virtually any shape to meet specific building needs. As part of the city’s embodied carbon reduction efforts, Santa Monica adopted a low-carbon concrete ordinance in 2024, which reduces carbon emissions from Portland cement in new construction projects.

Mass timber has the potential for greater reductions in embodied carbon emissions in construction projects than can be achieved from low-carbon concrete. In 2024, a Climate Outreach Fellow with Climate Action Santa Monica authored a memo exploring the potential for mass timber in the Santa Monica area (Attachment A). Their research shows that an 8-story building in Los Angeles constructed of mass timber generated 43% fewer embodied carbon emissions than if steel and concrete were used. Their research also found that mass timber construction projects can be completed more quickly compared to traditional builds, generating cost savings. A 2018 case study of a 12-story mixed-use building in Seattle found that, due to scheduling time savings, the project had a 20% savings in indirect construction costs and a 0.5% total cost savings

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compared to a traditional steel and concrete project (Attachment A). Due to rising construction costs associated with labor and materials, a goal of the accelerator program would be to provide updated information on the true costs of incorporating mass timber into building designs in Santa Monica to help inform future projects.

Several mass timber projects are in progress within the Los Angeles region, including a commercial property on Main Street in Santa Monica, a new multi-family development in Silverlake, a large commercial office building in Chinatown, and a hybrid mass timber office campus in Marina del Rey.

The goals for the Mass Timber Accelerator Program are as follows (Attachment A):
• Introduce more practitioners to the details and feasibility of wood construction. • Identify the potential for new development, affordable housing, business, and job creation through the expansion of mass timber construction. • Motivate new building projects constructed with wood products. • Raise public awareness of the carbon and economic benefits and beauty of mass timber construction.

The Mass Timber Accelerator Program in Santa Monica would support up to five architecture or development firms with technical assistance and a financial incentive for designing a building project using mass timber. Participating teams would develop mass timber building designs and a final report detailing modeled carbon emissions reductions, cost analysis, and findings on benefits and obstacles they found in designing with mass timber. These findings will help City staff better understand local conditions for mass timber construction and determine the potential impact and feasibility of mass timber policy development.

Environmental Review
The acceptance of this grant and the use of grant funding is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The grant is covered by the common sense exemption, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The program is administrative in nature and will

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support the evaluation of both the potential benefits and challenges of incorporating mass timber in new construction, with the goal of generating lessons learned to reduce building costs and advance low-carbon design practices.

Past Council Actions
Meeting Date Description
05/28/2019 Council Adopted the City’s Climate Action & Adaptation Plan 04/23/2024 Council Adopted the Low-Carbon Concrete Ordinance Financial Impacts and Budget Actions
Staff seeks authority to accept a grant from the Softwood Lumber Board to develop a Mass Timber Accelerator Program to support the evaluation of both the potential benefits and challenges of incorporating mass timber in new construction.

Approval of the recommended action requires the following budget amendment.

FY 2025-26 Grant Budget Changes
Establish Revenue Budget Appropriate Funds
Account Number(s) Amount Account Number(s) Amount
20500003.406170 $100,000 20500003.556760 $100,000
The grant requires a $15,000 contribution, which would be funded by the division’s operating budget (account number 01500003.552010.99546). If renewals are awarded, budget changes would be included in subsequent year budgets, contingent on Council budget approval.

Prepared By: Peter Roquemore, Sustainability Analyst
Approved Forwarded to Council

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Attachments:

A. May 28, 2019 Staff Report (Web Link)
B. April 23, 2024 Staff Report (Web Link)
C. Attachment A - Mass Timber Policy Memo

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Mass Timber in Southern California
Mia Levenson
Climate Action Santa Monica Climate Outreach Fellow
Introduction
Through policies and programs that drive the use of low-embodied carbon construction materials the City of Santa Monica can decrease greenhouse gas emissions, a priority of Santa Monica’s Climate Action & Adaptation Plan, and support reaching our Regional Housing Needs Assessment housing allocation sustainably. Existing policies like the Low-Carbon Concrete Ordinance decrease emissions from construction. Following the passing of the Low-Carbon Concrete Ordinance, Councilmember Jesse Zwick asked the Office of Sustainability & the Environment to research the potential of mass timber in Santa Monica. Over the summer, Mia Levenson, a Climate Action Santa Monica Climate Outreach Fellow has led this research for OSE and developed the following findings.

Key Research Findings
● Encouraging the use of mass timber as a building material provides the building sector with another option for sustainable construction.
● The 2021 Building Code allows for mass timber construction up to 18-stories creating the opportunity for large multi-family building construction to use mass timber. ● Embodied carbon emissions from mass timber are a fraction of those from traditional steel and concrete construction. An 8-story building in Los Angeles constructed with mass timber has an estimated embodied carbon footprint 43% less than if steel & concrete were used. ● Time savings with mass timber creates cost-effective construction. Mass timber is transported to Southern California from the Pacific Northwest and British Columbia increasing the cost of the materials. However, by using best practices in construction building projects can be completed in half the time resulting in more buildings being completed faster and at lower-cost than traditional construction.

Background
Mass Timber is an engineered wood product used in the building sector. There are three main types of mass timber, including cross-laminated timber (CLT), glue-laminated timber (glulam), and nail-laminated timber (NLT). The multi-purpose uses of mass timber spans from single-family homes to large multistory buildings. A recent California building code change has allowed the construction of buildings up to 18 stories high using mass timber. This method of building has been prominent in the construction space for the last 200 years before the domination of steel and concrete in the 19th and 20th centuries. With reducing emissions as a priority in construction, mass timber is once again being considered as an alternative building material to steel and concrete building. Since the building and construction sector accounts for roughly 37% of global greenhouse gas emissions, making the switch to materials such as mass timber is an important step in decreasing the amount of greenhouse gas emissions.1 Mass timber construction provides an option for Santa Monica to meet their housing goals in a way that is focused on the reduction of emission as stated in the Climate Action and Adaptation Plan. 1 United Nations Environment Programme, & Yale Center for Ecosystems + Architecture. (2023). Building Material and the Climate: Constructing a New Future. https://doi.org/10.59117/20.500.11822/43293

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Packet Pg. 102 Attachment: Attachment A - Mass Timber Policy Memo (7131 : Mass Timber Accelerator Grant Award) Environment
The use of mass timber reduces emissions in construction compared to traditional steel and concrete and encourages carbon storage. Forests grown for mass timber cultivation sequester and store carbon. The combined benefits can lead to a reduction of greenhouse gas emissions by up to 45% when compared to the emissions-intensive concrete and steel.

The below graphs break down the total embodied carbon by life cycle stage (A1-A5)* for 8-story and 12- story mass timber and concrete building designs in the Pacific Northwest (PNW) United States.2 PNW Embodied Carbon kgCO2e/m2
*A1-A3: Product Stage, A4: Transport to Construction Site, A5: Assembly This example shows the product stage (A1- A3) of building accounts for the most greenhouse gas emissions, meaning the sourcing and manufacturing of the materials are most important to consider to ensure the most sustainable outcome. When comparing mass timber and concrete in the Pacific Northwest we see a 43% reduction in CO2 emissions for an 8-story building and 45% reduction of emissions for a 12-story building.

A concern for mass timber use in Southern California are the expected emissions generated from transporting mass timber long distances from where it is produced to construction sites here in Santa Monica. As a case-study we looked at a local 4-story mass timber building project at 843 Spring St. Los Angeles. When comparing the transportation emissions of mass timber used on this project with a similar building in Santa Monica that used concrete and steel we see the A4 emissions for mass timber are 30x the locally sourced concrete. However, when we incorporate the production and manufacturing stage A1- A3 emissions, where the majority of embodied carbon emissions come from, we find that the emissions from concrete and steel dwarf that of the mass timber building. 2 Puettmann, M., Pierobon, F., Ganguly, I., Gu, H., Chen, C., Liang, S., Jones, S., Maples, I., & Wishnie, M. (2021). Comparative LCAs of conventional and mass timber buildings in regions with potential for mass timber penetration. Sustainability, 13(24), 13987. https://doi.org/10.3390/su132413987

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Packet Pg. 103 Attachment: Attachment A - Mass Timber Policy Memo (7131 : Mass Timber Accelerator Grant Award) Comparing Transportation Emissions
Mass Timber
Pacific Northwest Sourced
Cement
Southern California Sourced

0.0721 kgCO2/kg 0.0024 kgCO2/kg
Comparing A1-A4 Emissions
Mass Timber Cement Steel/Metals

15.25 kgCO2/sq m 153 kgCO2/sq m 77.8 kgCO2/sq m
Since the product stage accounts for the largest portion of greenhouse gasses during building, it's important to consider ways to keep the emissions from this stage as low as possible. Making sure the timber is certified by the Forest Stewardship Council (FSC) ensures there are the highest environmental standards met creating less carbon emissions and more biodiversity within the forest. The harvesting site, manufacturing site, and construction site distance have the opportunity to shape the greenhouse gas emission within the product stage. The closer these facilities are to each other, the less transport will have to take place ultimately decreasing the expected amount of carbon emissions present.

Building Safety
Mass timber has a unique response to fires through its self-charring properties. This charring behavior is where the outer layer of the wood will char creating a protective barrier which will insulate the interior of the wood by slowing the spread of a fire. A fire resistance test in Australia exposed mass timber at 1000° Celsius (1832 ° Fahrenheit) for 120 minutes which passed the specified fire guidelines outlined in the International Building Code, proving to be structurally sound and capable of withstanding the load of a commercial building.3 The addition of safety measures, including the use of sprinklers, would make mass timber a safe and viable material option.

Earthquakes are another important safety feature to consider when working with building materials. Mass timber buildings are equipped to withstand large earthquakes due to their weight, strength, and ability to distribute force.4 Since mass timber is lighter in weight than concrete, the seismic force is greatly reduced having the ability to withstand earthquakes. UC San Diego conducted research on mass timber strength through the NHERI TallWood Project where a 10-story mass timber building was put to a full-scale seismic test. The results demonstrated building resilience where a shaking motion was experienced while remaining damage-free.

Cost
There is the potential to save on costs associated with mass timber on both materials and labor. The materials needed to source cross-laminated timber, which may vary by location, are around $50 per 3 Ashmarketing. (2023, July 27). Understanding the fire safety of mass timber construction. ASH. https://ash.com.au/blog/understanding-the-fire-safety-of-masstimber-construction/ 4 Souza, E. (2024, April 4). Is mass timber a good choice for seismic zones?. ArchDaily. https://www.archdaily.com/967285/is-mass-timber-a-good-choice-forseismic-zones

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Packet Pg. 104 Attachment: Attachment A - Mass Timber Policy Memo (7131 : Mass Timber Accelerator Grant Award) square foot. This would add up to roughly $14 less per square foot compared to steel and concrete, making the material cost reduced by 20%. Since mass timber is pre-manufactured, there is less amount of time and fewer people needed to build these structures having the chance to cut the installation cost up to 50%.

Location can vary these numbers vastly, as transportation costs of materials can increase the cost dramatically. A study conducted by the Oregon State University highlights this cost difference of mass timber building outside of places like the Pacific Northwest. In those regions there is the growing of the wood and manufacturing facilities leading to a decrease in transportation cost. Currently there are no manufacturing sites in California, making the cost of project materials increased.

By using best practices of mass timber projects in Santa Monica, there are cost savings on the labor side with fewer workers needed and quicker construction times on job sites leading to a reduction of construction time by up to 30%.5In contrast, projects that lack best practices have the potential to increase in cost drastically. Santa Monica has the potential to utilize resources that will enable the education of those in the area to create cost-effective mass timber buildings.

Aesthetics
The natural wood material of mass timber buildings allow for a unique approach to structures that add to the natural environment. A biophilic design approach allows for communities to feel more connected to their natural surroundings.6 This has proven to have a positive effect on mental health and overall wellbeing including reducing stress and increasing productivity.

Workforce
There are opportunities in all sectors of mass timber building from forestry to engineering to architecture.

The entire process will come with small changes in each field creating new strategies and opportunities in the building market. Santa Monica could act as a leader in the mass timber workforce, leading workshops in order to engage and educate community members in such fields.

Policy Recommendations
One of the main advantages and cost savings factors of mass timber construction is the potential for faster construction of buildings. The City of Santa Monica can help unlock these advantages and cost savings for mass timber projects by reducing the permitting times on mass timber projects. 5 Marketing, K. (2023, February 3). Mass timber vs concrete: Which building material is right for your project? https://blog.kryton.com/2023/01/mass-timber-vsconcrete/#:~:text=It%20noted%20that%20the%20cost,higher%20rate%20of%20change%20orders 6 Fell, D. R. (2010). Wood in the human environment : restorative properties of wood in the built indoor environment (T). University of British Columbia. Retrieved from https://open.library.ubc.ca/collections/ubctheses/24/items/1.0071305

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Packet Pg. 105 Attachment: Attachment A - Mass Timber Policy Memo (7131 : Mass Timber Accelerator Grant Award) City Council
Report
City Council Meeting: August 12, 2025
Agenda Item: 4.D
1 of 4
To: Mayor and City Council
From: Arminé Chaparyan, Director, Administration
Subject: Adoption of a Resolution Approving Final Parcel Map for the subdivision of 1907 12th Street
Recommended Action
Staff recommends that the City Council take the following actions:

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

2. Adopt the attached resolution approving Final Parcel Map No. 83867.

Summary
This report transmits for City Council approval a Final Parcel Map for the following condominium project. The Vesting Tentative Parcel Map was approved by the Planning Commission on June 7, 2023. A timely filing of the Final Map was made to the County or City prior to the Map’s expiration date. According to Section 66452.6(d) of the Subdivision Map Act, once a timely filing is made to the County or City, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording of a map, may lawfully occur after the map’s expiration date.

PARCEL MAP ADDRESS SUBDIVIDER UNITS
83867 1907 12th Street Harvey A. Goodman, P.E. 3
The following table provides a brief summary of the project:

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Zoning District Low Density Residential (R-2)
Parcel Area 7,515 Square Feet
Parcel Dimensions 150.2’ x 50.0’
Existing On-Site Improvements
(Year Built)
1949 and 1954
Rent Control Status Ellis Act Withdrawn (11/18/22) – Two residential dwelling units.

Historic Resources Inventory Status None of the existing development is listed on the HRI.

AHPP Compliance Payment of fee.

Background
The project consists of a three-unit condominium housing project comprised of approximately 3,537 SF within a two-story, 30-foot tall residential building. The proposed three-unit airspace subdivision is located in the R2 Low Density Residential District Village. The project was granted Architectural Review Board approval on December 22, 2023.

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Discussion
A Vesting Tentative Parcel Map application (23ENT-0034) was submitted to the City Planning Division on March 3, 2023, to create three residential condominium air space parcels on one land lot in the R-2 Zone. After a public hearing and careful review of the record and staff recommendations, the Planning Commission approved a Vesting Tentative Parcel Map for the above project on June 7, 2023. The action of the Planning Commission was based on its findings that the proposed subdivision will have no significant environmental impact and is in conformance with all state and local laws and regulations, and applicable General Plan Elements. The Final Map conforms to the Tentative Map. As a vesting tentative parcel map application, its associated approval confers a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting map is deemed complete by the City. In this case, the application was deemed complete on March 3, 2023, and therefore, the development is subject to the development standards of the Version of the Zoning Ordinance (as amended) in effect at that time.

The developer will be required to show proof of payment of the condominium tax of $3,000 prior to issuance of a building permit. The Final Map has been approved by the Los Angeles County Engineer’s office and certified by the City Engineer for conformance with the Tentative Map and conditions thereon, the Subdivision Map Act, and local ordinances. The City Engineer’s office indicates that no off-site public improvements are required.

Environmental Review
The project is statutorily exempt from CEQA pursuant to CEQA Section 15268(b)(3), which exempts ministerial projects, including approval of final subdivision maps.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.

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Prepared By: David Eng, Associate Planner
Approved Forwarded to Council
Attachments:

A. 25ENT-0111 (1907 12th St) FM Resolution

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1 City Council Meeting: August 12, 2025 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
THE FINAL SUBDIVISION MAP FOR PARCEL NO. 83867
TO SUBDIVIDE A PROPERTY AT 1907 12TH STREET
WHEREAS, on JUNE 7, 2023, the Santa Monica Planning Commission approved a vesting tentative parcel map to create three (3) residential condominium airspace parcels on one land lot at 1907 12th Street; and
WHEREAS, a timely filing of a final parcel map was made to the County of Los Angeles prior to expiration of the vesting tentative parcel map; and WHEREAS, pursuant to Section 66452.6(d) of the Government Code, if a timely filing of a final map is made to the City or County, then the City may process, approve, and record a final map after the expiration of the vesting tentative map; and WHEREAS, the final parcel map conforms to the vesting tentative parcel map; and WHEREAS, the City Council finds that the proposed subdivision is consistent with the applicable general and specific plans.

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

SECTION 1. That the Final Map for Parcel No. 83867 in the City of Santa Monica is hereby accepted and approved.

SECTION 2. That the City Clerk hereby is authorized and directed to endorse

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Packet Pg. 110 Attachment: 25ENT-0111 (1907 12th St) FM Resolution [Revision 2] (7163 : Adoption of a Resolution Approving Final Parcel Map for the 2 upon the face of said Map this order authenticated by the Seal of the City of Santa Monica.

SECTION 3. That the City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

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Report
City Council Meeting: August 12, 2025
Agenda Item: 4.E
1 of 7
To: Mayor and City Council
From: Heather Averick, Director, Housing and Human Services Department Subject: Adoption of a Resolution and Authorization for the City Manager to Execute a Housing Trust Fund Loan to Community Corporation of Santa Monica for the Rehabilitation of 2033-2101 Virginia Avenue
Recommended Action
Staff recommends that the City Council:

2. Adopt the resolution, making a determination that the units located at 2033-2101 Virginia Avenue are unfit for human habitation and committing loan assistance for the substantial rehabilitation of those units in the amount of $34,800,000.

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

Executive Summary
The 40-apartment rent-controlled property at 2033-2101 Virginia Avenue is comprised of 24 one-bedrooms and 16 two-bedrooms. The tenant rents range from $587 - $1,056. The property was listed for sale in 2019 which led to outreach from the community to City Council about potential displacement if the property were to be acquired by speculative developers.

In January 2020, Community Corporation of Santa Monica (CCSM) acquired the property with a $15,183,670 City Housing Trust Fund (HTF) acquisition and predevelopment loan. The goals were to 1) preserve the affordability of the homes of long-term tenants to ensure existing tenants, many of whom are low-income,

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would not be displaced; and 2) substantially rehabilitate the property, which was constructed in 1947-48 and is in poor condition.

Since the acquisition in 2020, the costs of the substantial rehabilitation escalated beyond the City’s HTF Guidelines loan limits. City staff and CCSM explored a number of cost-reduction strategies. On June 10, 2025, Council provided direction in Closed Session to authorize a HTF loan, with a right of return for tenants at their same rent. Staff recommends authorization of an HTF loan in the total amount of $34,800,000, which includes the $15,183,670 previously loaned for acquisition and predevelopment. The total loan amount exceeds the per-unit loan limit in the HTF Guidelines and requires Council approval.

Background
The scope of the proposed rehabilitation includes roof replacement, new plumbing, electrical and HVAC systems, lead and asbestos abatement, in-unit improvements, new appliances and fixtures, painting, accessibility upgrades, and site improvements such as concrete repair/replacement.

The COVID pandemic followed CCSM’s acquisition of the property, resulting in delays. Estimated rehabilitation costs continued to escalate due to a number of factors, including:
• Industry-wide increases in costs of construction, tenant relocation and insurance
• Addition of a capitalized operating subsidy reserve to cover unanticipated shortfalls in future operating income due to existing tenants’ rental revenue being insufficient to cover future increases in operating costs • Contingency allowances proportional to the increased hard and soft costs • Corrective comments during the City plan check process In the summer of 2024, following additional tenant outreach, CCSM applied for tax

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credit equity financing and a tax-exempt construction loan to help finance the rehabilitation. At that point, the City had committed a total of $32,115,008 in HTFs (including acquisition and predevelopment costs) under the City’s Emergency Order on Homelessness and allocated 20 Project-Based Vouchers from the Santa Monica Housing Authority to support the project’s ability to leverage outside financing necessary to complete the rehabilitation. However, the tax credit application was not successful.

CCSM was successful in obtaining $850,000 in federal grant funds through Representative Ted Lieu’s office as well as a $24,999 grant from the City’s Office of Sustainability and the Environment for the sustainability features of the rehabilitation.

Discussion
On February 25, 2025, City staff presented to Council in Closed Session a financing gap for the rehabilitation of approximately $10 million. Since that time, CCSM has worked with City staff to explore additional ways to reduce the potential cost to the City.

Reduction of Costs for Rehabilitation
At the request of the City, CCSM rebid the rehabilitation scope in the spring of 2025 via blind bids to two additional construction firms, and requested its current construction firm to submit a new bid. At the time, the rebid request resulted in an estimated rehabilitation cost reduction of approximately $5.9 million. CCSM has asked all three firms to submit best-and-final bids. CCSM anticipates finalizing a contract with one of the firms by September 2025.

In addition, CCSM determined the development would be eligible for the Low-Income Weatherization Program (LIWP) from the California Department of Community Services and Development, which would provide reimbursement to developments once completed. CCSM estimates the rehabilitation would be eligible for $200,000

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reimbursement post-rehabilitation. CCSM will continue to explore other grants to further reduce and pay back the HTF loan post-rehabilitation.

With the reduction in estimated construction costs, the total HTF request is $34.8 million, which includes the $15,183,670 previously loaned for acquisition and predevelopment. The total loan amount of $34.8 million exceeds the per-unit loan limit in the HTF Guidelines. This ask includes a hard cost contingency which will be used to address any unanticipated costs due to things such as recent increases in tariffs on imported building materials. This ask also includes a developer fee of $2 million, which is within the HTF Guidelines. Staff recommends any costs above the contingency amount be paid through reallocating budget from other line items, including but not limited to a portion of the developer fee. This loan amount also assumes the allocation of up to 20 Santa Monica Housing Authority Project Based Vouchers (PBV) to the site after construction, to help address future operating deficits due to existing low rents for returning tenants. The PBVs ensure these households do not pay more than 30% of their income towards rent.

The City loan includes $1,250,000 from a Local Housing Trust Fund (LHTF) matching grant from the California Department of Housing and Community Development (HCD).

The City loan will be due and payable after expiration of the 55-year loan term in compliance with the grant requirements.

Tenant Considerations:
• Tenants are eligible for temporary relocation benefits. Benefits include paying the difference between the tenants’ current rent and rent at the temporary location, assistance locating comparable housing, moving and utility transfer costs, and reimbursement of reasonable and necessary out-of-pocket costs associated with the relocation.
• CCSM has budgeted $1,777,747 for tenant relocation costs, inclusive in the ask of the HTF.

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• Existing tenants will return at their current rent-controlled rents following completion of the rehabilitation, subject to annual rent adjustments permitted by City code.
• Future tenancies once an apartment is vacated will be restricted to lower-income households, which are at or below 80% of area median income.

Regional Housing Needs Allocation (RHNA) Obligations
Rehabilitation of these apartments could potentially count towards the City’s RHNA obligations for affordable units in the Housing Element if the units have certain habitability code violations prior to rehabilitation. California Government Code 65583.1(c)(2)(A)(i) requires that the local jurisdiction make a finding that each residence to be counted toward RHNA after rehabilitation is unfit for human habitation due to the existence of at least four violations of the conditions in subdivisions (a) to (g), inclusive, of Section 17995.3 of the California Health and Safety Code:
• Termination, extended interruption or serious defects of gas, water or electric utility systems provided such interruptions or termination is not caused by the tenant’s failure to pay such gas, water or electric bills; • Serious defects or lack of adequate space and water heating; • Serious rodent, vermin or insect infestation;
• Severe deterioration, rendering significant portions of the structure unsafe or unsanitary;
• Inadequate numbers of garbage receptacles or service; • Unsanitary conditions affecting a significant portion of the structure as a result of faulty plumbing or sewage disposal; or
• Inoperable hallway lighting.

On July 1-2, 2025, the City’s Code Enforcement inspected all 40 residences. The inspection found that 21 residences met the criteria to be eligible to be counted towards the City’s RHNA after rehabilitation. In order to have these units count towards the City’s RHNA allocation, the City Council must satisfy certain requirements, including:

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• That the City Loan will be conditioned upon CCSM’s compliance with all local, state and federal relocation assistance requirements;
• CCSM must provide all existing residents with the right to reoccupy rehabilitated units; and
• CCSM must record a deed restriction that will preserve the units as affordable housing to persons and families of lower income at affordable housing costs for at least 55 years; and
The City Council must also make determinations that the City’s financial commitment is necessary to preserve this housing stock from imminent loss for the existing residents.

The attached resolution (Attachment B) incorporates these determinations and requirements so that the City can request to HCD that the substantially rehabilitated units can be counted towards the City’s RHNA allocation.

Next Steps
With City Council approval, the City Manager will negotiate and execute an HTF loan to CCSM of $34,800,000 for the rehabilitation. CCSM anticipates site work to begin October 1, 2025, with tenant relocation to occur in December 2025 – January 2026. CCSM anticipates completing construction in March 2027. CCSM anticipates that returning tenants will move back in by December 2026 - January 2027 and for currently vacant units to be fully leased by May 2027.

Past Council Actions
Meeting Date Description
06/10/25
(Attachment A)
City Council direction in Closed Session to proceed with an HTF loan for rehabilitation of 2033-2101 Virginia Avenue with a right of return for tenants at the same rents
Environmental Review
The HTF loan for rehabilitation of the existing units is exempt from the California

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Environmental Quality Act (CEQA) under Section 15301 (Existing Facilities) of the CEQA Guidelines. Section 15301 of the CEQA State Guidelines provides Class 1 (existing facilities) exemption for projects that consists of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use.” The loan would provide for rehabilitation of existing residential units with no significant expansions.

As such, the loan is categorically exempt as set forth in Section 15301 of the CEQA Guidelines.

Financial Impacts & Budget Actions
Approval of the recommended action and execution of loan documents will result in a total of $34.8 million loaned to CCSM for the project as detailed in the table below.

Year Funding Source Housing Trust Fund
2020 Original Acquisition & Predevelopment Loan $15,183,670 2025 Additional Loan Amount for Construction $19,616,330 Total Loan to CCSM $34,800,000
Prepared By: Ayala Scott, Senior Development Analyst
Approved Forwarded to Council
Attachments:

A. Attachment A - June 10, 2025 City Council Meeting Item 5A B. Attachment B - Virginia Avenue Resolution

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City Council Meeting August 12, 2025 Santa Monica, California

RESOLUTION NUMBER (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA MAKING A DETERMINATION THAT THE UNITS LOCATED AT 2033-2101 VIRGINIA AVENUE ARE UNFIT FOR HUMAN HABITATION

AND COMMITTING LOAN ASSISTANCE FOR THE SUBSTANTIAL

REHABILITATION OF THOSE UNITS
WHEREAS, the California Department of Housing and Community Development (HCD), in evaluating a proposed or adopted housing element, may allow a city to identify adequate sites for housing by a variety of methods; and WHEREAS, the City has an obligation to submit an annual report to HCD, documenting its compliance state Housing Element laws; and WHEREAS, HCD may allow the City to substitute the provision of dwelling units for up to 25 percent of the City’s obligation to identify adequate sites for housing in its housing element where the City’s housing element includes a program committing financial assistance to develop housing, including the use of City Housing Trust Finds (“HTF”) to finance substantial rehabilitation of deed restricted units in lieu of new construction; and WHEREAS, the City’s housing element (Program No. 3d) contemplates the City’s provision of loan assistance to nonprofit affordable housing developers to facilitate acquisition and rehabilitation of existing housing within the City to implement Program No. 3d; and
WHEREAS, City has provided $15,183,670 in HTF loan proceeds to Community Corporation of Santa Monica (“CCSM”), a nonprofit affordable housing developer, to acquire the property at 2033-2101 Virginia Avenue (the “Property”) and conduct predevelopment activities for purposes of substantial rehabilitation; and

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Packet Pg. 119 Attachment: Attachment B - Virginia Avenue Resolution (7166 : Housing Trust Fund Loan - Virginia Avenue) WHEREAS, City desires to provide a loan to CCSM in the total amount of $34,800,000 (“City Loan”), including the acquisition and predevelopment loan amount, to complete substantial rehabilitation of 40 dwelling units on the Property to preserve this housing stock from imminent loss for the existing residents; and
WHEREAS, the City Loan will be conditioned upon CCSM’s compliance with all local, state and federal relocation assistance requirements; CCSM’s requirement to provide all existing residents with the right to reoccupy rehabilitated units; CCSM’s recording of a deed restriction that will preserve the units as affordable housing to persons and families of lower income at affordable housing costs for at least 55 years; and WHEREAS, the City’s Code Enforcement staff have determined that the units are unfit for human habitation due to the existence of at least four violations of the conditions listed in subdivisions (a) to (g), inclusive, of Section 17995.3 of the California Health and Safety Code, as documented by the City’s Code Enforcement Division; and WHEREAS, prior to initial occupancy after rehabilitation, the City’s Code Enforcement staff shall issue a certificate of occupancy indicating compliance with all applicable state and local building code and health and safety code requirements.

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

SECTION 1. The City Council has determined that the dwelling units located at 2033- 2101 Virginia Avenue are at imminent risk of loss to the City’s housing stock; and are unfit for human habitation due to the existence of at least four violations of the conditions listed in

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Packet Pg. 120 Attachment: Attachment B - Virginia Avenue Resolution (7166 : Housing Trust Fund Loan - Virginia Avenue) subdivisions (a) to (g), inclusive, of Section 17995.3 of the California Health and Safety Code, as documented by the City’s Code Enforcement Division.

SECTION 2. The City Manager is authorized to negotiate and enter into a loan agreement that would provide City Housing Trust Funds in an amount not to exceed $34,800,000 for substantial rehabilitation of the Property, including, without limitation, that CCSM comply with all local, state and federal relocation assistance requirements; provide all existing residents with the right to reoccupy rehabilitated units; and allow the recording of a deed restriction that will preserve the units as affordable housing to persons and families of lower income at affordable housing costs for at least 55 years.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:

Douglas Sloan, City Attorney

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Packet Pg. 121 Attachment: Attachment B - Virginia Avenue Resolution (7166 : Housing Trust Fund Loan - Virginia Avenue) City Council
Report
City Council Meeting: August 12, 2025
Agenda Item: 4.F
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Approval of Fourth Modification to Agreement #11052 with Clean Earth Environmental Solutions for Hazardous Waste Disposal
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemptions pursuant to Section 15301 and Section 15330 of the California Environmental Quality Act (CEQA) Guidelines; and

Summary
The City of Santa Monica’s Public Works Department maintains and operates three water treatment plants, a water recycling facility, wastewater pump stations, sewer diversion treatment units, wet wells, and oil-water treatment interceptors throughout the City. Clean Earth Environmental Solutions, Inc. (formerly known as Stericycle Environmental Solutions) is the current vendor contracted to transport, pump, clean and dispose of the hazardous waste collected at these sites. Due to rising service costs and an unanticipated increase in service frequency related to the Arcadia Water Treatment Plant expansion project, staff recommends increasing Agreement #11052 by $300,000.

This fourth modification would result in a new total not to exceed $1,350,000 to support water and wastewater operations, with no change to the original five-year contract term.

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Discussion
The City’s Water Resources Division requires disposal of its hazardous waste from its sewer diversion treatment units, wastewater pump stations, wet wells and storage tanks, oil-water treatment interceptors, and facilities located at the Arcadia Water Treatment Plant, Charnock Water Treatment Plant, and the Sustainable Water Infrastructure Project (SWIP). Other locations that require disposal include the Continuous Deflective Separation (CDS) units located throughout the City, which capture stormwater runoff, as well as at the Santa Monica Urban Runoff Recycling Facility (SMURRF).

The Water Resources Division entered into an agreement with Clean Earth Environmental Solutions, Inc. for hazardous waste disposal in October 2020. Due to increasing service costs and a higher-than-anticipated service frequency - primarily stemming from the Arcadia Water Treatment Plant expansion - a contract modification is necessary to increase the total compensation amount for the remainder of the term.

In April 2020, the City’s Water Resources Division issued Request for Proposals #257 to solicit hazardous waste disposal services. Staff reviewed the five bids received and recommended awarding a five-year agreement to Clean Earth Environmental, Inc. based on price and ability to provide the required service. The contract was executed in the amount of $1,050,000. An additional $300,000 is needed to continue the services through the term of the contract. The term would remain the same and the agreement would end September 30, 2025.

Environmental Review
The disposal of hazardous waste is categorically exempt from CEQA pursuant to Section 15301 and Section 15330 of the CEQA Guidelines. Section 15301 provides an exemption (Class 1 – Existing Facilities) for the operation, repair, maintenance, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Section 15330 exempts actions that consist of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or

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less. This includes the removal of sealed, non-leaking drums or barrels of hazardous waste or substances that have been stabilized, containerized and are designated for a lawfully permitted destination. The contract modification would continue the practice of periodic disposal of potentially hazardous waste collected by the Water Resources Division. The contract modification would not expand or materially change existing facilities or operations. Therefore, the award agreement is categorically exempt pursuant to Section 15301 and Section 15330 of the CEQA Guidelines.

Past Council Actions
Meeting Date Description
06/23/2020 Original Bid and Award of CT #11052 (CCS) with Clean Earth Environmental Solutions, Inc. (formerly known as
Stericycle Environmental Solutions) for hazardous waste disposal.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Water and Wastewater Funds to increase agreement #11052 (CCS) with Clean Earth Environmental Solutions, Inc. for hazardous waste disposal.

Contract Modification Request
Agreement #
Current
Authorized
Amount
FY 2025-26
Request
Amount
Department
Account #
Total Revised
Contract Amount
11052
(CCS) $750,000 $200,000 51500001.529440 $950,000
$150,000 $100,000 50500002.550010 $250,000
$150,000 $0 50500003.550010 $150,000
Total: $1,050,000 $1,350,000
Future year funding is contingent on Council budget approval.

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Prepared By: Thomas Poon, Engineering Support Services Administrator Approved Forwarded to Council
Attachments:

A. CT 11052 (CCS) - Clean Earth Enviironmental (Original) B. CT 11052 (CCS) - Clean Earth Environmental (Mod 1)
C. CT 11052 (CCS) - Clean Earth Environmental (Mod 2)
D. CT 11052 (CCS) - Clean Earth Environmental (Mod 3)
E. FY 24-25 Oaks Initiative - Clean Earth Environmental F. FY 24-25 Levine Act - Clean Earth Environmental
G. June 23, 2020 Staff Report (Web Link)

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Contract No. 11052 (CCS)

CONTRACTUAL SERVICES AGREEMENT
This Contractual Services Agreement (“Contract”), entered into as of (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and CLEAN EARTH ENVIRONMENTAL SOLUTIONS, INC. (“Contractor”), 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. Contractor is qualified to do business, and is doing business, in the State of California. Contractor represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Contract.

C. The City and Contractor desire to enter into an agreement for the Contractor to provide contractual services to the City as set forth herein, upon the terms and conditions set forth below.

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, 2023, unless sooner terminated in accordance with Section 14.

1.1 Option to Extend. The City, in its sole and complete discretion, shall have two additional options to extend this Contract for another one year period (“Extension Term”). Option year 1 and 2 are compensated at increased based on a mutually agreeable index such as the Consumer Price Index, not to exceed 7%, and subject to budgetary approval by the City Council. The City may exercise its option by letter to the Contractor from its City Manager, and the exercise of the option shall automatically extend the term of this Agreement up through the extension period.

2. Contractor Services. Contractor will perform all of the services (“Services”) described in Exhibit A, Scope of Services. Contractor will complete the Services in accordance with Exhibit B, Budget.

3. City Services. The City agreesto:

3.1 Make available to Contractor 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: AB490EC4-53D9-474C-8198-D92CEBCDFA25 10/6/2020

4.F.a
Packet Pg. 126 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7172 : CT #11052 - Mod 4 - Clean Earth) 2 3.3 Promptly examine and render findings on all documents submitted for staff review by Contractor.

4. Compensation. The City will compensate Contractor for the Services performed in an amount not to exceed $840,000, for the original term and all, if any, exercised renewals as set forth in ExhibitB.

5. Invoices. Contractor will invoice the City for the Services in accordance with Exhibit B and the City will pay any undisputed amount within 30 days ofreceipt.

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: Thomas Poon
Re: Contract No. 11052 (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. 11052 (CCS)

6.2 All notices, demands, requests or approvals toContractor:

Clean Earth Environmental Solutions,Inc.
350 Poplar Church Rd
Camp Hill, PA 17011
Attention: Legal
Re: Contract No. 11052 (CCS)
with a copy to:

Clean Earth Environmental Solutions, Inc.
2670 Executive Drive, Ste. A
Indianapolis, IN 46241
Attn: Contracts Administration
[email protected]
DocuSign Envelope ID: AB490EC4-53D9-474C-8198-D92CEBCDFA25

4.F.a
Packet Pg. 127 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7172 : CT #11052 - Mod 4 - Clean Earth) 3 7. Independent Parties. Both parties to this Agreement will be acting in anindependent 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 Contractor or any of Contractor’s agents, employees, or subconsultants, except as otherwise provided in this Agreement.

8. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement.

This Agreement may be modified only by written agreement signed by City and Contractor, and approved as to form by the City Attorney.

9. Insurance. Prior to commencing work, Contractor 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 Contractor or Contractor’s agents, representatives, employees or subconsultants for the duration of this Agreement. Contractor 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 Contractor 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 act, errors, and/or omissions of Contractor, or Contractor’s employees, agents, officers, and subconsultants. Contractor’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 Contractor, its employees, agents or officers, or subconsultants; provided, however, that Contractor’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 Contractor’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from Contractor, if City chooses to do so.

10.2 Enforcement Costs. Contractor agrees to pay all reasonable costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1.

10.3 In no event will either party be liable for any special, incidental, exemplary, punitive, indirect or consequential damages and lost revenues of any kind in connection with the contract.

DocuSign Envelope ID: AB490EC4-53D9-474C-8198-D92CEBCDFA25

4.F.a
Packet Pg. 128 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7172 : CT #11052 - Mod 4 - Clean Earth) 4 11. Prohibition Against Transfers.

11.1 Contractor 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 Contractor or of any general partner or joint venturer or syndicate member of Contractor, if a partnership or joint venture or syndicate exists, which results in changing the control of Contractor, 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. Contractor, 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 Contractor fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of ten (10) business 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 Contractor. The notice of termination shall specify the date when this Agreement or Services terminates.

14.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten (10) business days’ advance written notice to Contractor. Upon termination of this Agreement, City will pay Contractor any compensation earned and unpaid up to the effective date of termination.

15. Compliance with Law. Contractor 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. Contractor 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. Contractor 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: AB490EC4-53D9-474C-8198-D92CEBCDFA25

4.F.a
Packet Pg. 129 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7172 : CT #11052 - Mod 4 - Clean Earth) 5 18. Records.

18.1 Contractor 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. Contractor 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 Contractor must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles.

Contractor must clearly identify all records and make them readily accessible to the City. At the City’s request, Contractor must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.

18.3 Contractor must allow the City to have free access to Contractor’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 Contractor’s records, and Contractor 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 Contractor, Contractor 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 auditreport.

19. Work Product; Reports.

19.1 Any work product prepared or caused to be prepared by Contractor or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by Contractor or any subconsultant pursuant to this Agreement may be made available to any individual or organization by Contractor without prior written approval by City.

19.2 At the City’s request, Contractor must furnish reports concerning the status of the Services.

20. Standard of Care. Contractor 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 Contractor’s profession currently practicing in the same locality under similar conditions.

21. Subconsultants.

21.1 If Contractor proposes to have any subconsultant perform any part of the Services, Contractor 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.

DocuSign Envelope ID: AB490EC4-53D9-474C-8198-D92CEBCDFA25

4.F.a
Packet Pg. 130 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7172 : CT #11052 - Mod 4 - Clean Earth) 6 21.2 Contractor will be responsible for the quality of any subconsultant’s work. Every subcontract or agreement of any kind entered into between Contractor 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. 11052 (CCS) entered into between the City of Santa Monica and Contractor 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 Contractor 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. //
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DocuSign Envelope ID: AB490EC4-53D9-474C-8198-D92CEBCDFA25

4.F.a
Packet Pg. 131 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7172 : CT #11052 - Mod 4 - Clean Earth) 7 24. Survival of Provisions and Obligations. Any provision of this Agreement, which byits 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 thisAgreement.

25. Exhibits. The following exhibits are incorporated by reference into this Contract 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: AB490EC4-53D9-474C-8198-D92CEBCDFA25 George Cardona
10/2/2020
Interim City Attorney
Clean Earth, Inc.
10/5/2020
Susan Cashion
Sales Director, SW Region
10/6/2020
Interim City Manager
Denise Anderson-Warren Lane Dilg
10/6/2020
City Clerk

4.F.a
Packet Pg. 132 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7172 : CT #11052 - Mod 4 - Clean Earth) Exhibit A
Scope of Services
Sewer Diversion Unit Cleaning & Waste Disposal
Provide periodic sewer diversion unit cleaning and waste disposal at various locations as required by the Wastewater Division. The scope of the work includes pumping, cleaning, and disposing of both liquid and solid wastes from various end-of-line best Management Practices (BMP) storm runoff treatment systems/units owned by the City of Santa Monica. The contractor must be able to provide a vacuum truck or super sucker truck and other equipment to clean sub-surface vaults up to 50 feet in depth and dispose of all wastes in an appropriate manner in accordance with regulations. Staff working in sewer diversion units must be certified to perform confined space entry and be able to operate with a full-face respirator. The contractor must supply approved traffic control plans and truck route permits before completing cleaning treatment units. Service will be scheduled as needed.

Locations to be serviced include, but not limited to:
• Centinela Avenue Urban Runoff Project – 90-filter Contech Stormwater filtration device array with associated vaults – located in the Mar Vista Rec Center at 11430 Woodbine Avenue, Los Angeles, CA 90066 City Yards CDS* & Fire Training Tower Oil-Water Interceptor Unit – 2500 Michigan Avenue.
• Montana Drain CDS* and Sewer Diversion Bypass System – Montana Avenue & Ocean Avenue (approximately 50 ft. depth)
• Pico-Kenter Pumping Station CDS* – Pico Blvd. on the beach • Santa Monica Pier CDS* and Sewer Diversion Bypass System – Appian Way • Wilshire Drain CDS* and Sewer Diversion Bypass System – Wilshire Boulevard & Ocean Avenue (approximately 50 ft. depth)
• Moss Avenue Pump Station Wet Well – Appian Way (approximately 50 ft. depth) * All CDS Units must be serviced by a Super Sucker Truck.

City Yards – Oil-Water Interceptor Unit Cleaning & Waste Disposal Provide oil-water interceptor unit cleaning and waste removal at various locations including four units at the City Yards facility (2500 Michigan Avenue):
• Fleet wash rack including all associated trench/ribbon drains (to be billed to Fleet Maintenance) • Unit by Fleet gas pumps (to be billed to Fleet Maintenance) • Unit by CNG pumps (to be billed to Resource Recovery & Recycling) • Wash rack in the Fire Yard (bill to RRR and Water Resources) Vacuum truck service will be scheduled as needed by the responsible division.

DocuSign Envelope ID: AB490EC4-53D9-474C-8198-D92CEBCDFA25

4.F.a
Packet Pg. 133 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7172 : CT #11052 - Mod 4 - Clean Earth) Emergency Response Personnel and Proper Collection of Hazardous Waste, Transportation, and Disposal
The response time for the contractor when called upon in case of an emergency is a maximum of 2 hours.

The contractor must provide to the City the emergency contact name, 24/7 emergency contact telephone number and title of emergency contact. All contractors including subcontractors responding to emergencies must have all proper certifications, licenses, and training to complete work involved in an emergency response.

The Wastewater Division requires 24/7 availability for sewer diversion unit cleaning.

DocuSign Envelope ID: AB490EC4-53D9-474C-8198-D92CEBCDFA25

4.F.a
Packet Pg. 134 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7172 : CT #11052 - Mod 4 - Clean Earth) Exhibit B
Budget
Contract Total NTE: $840,000 over 5 years
Sewer Diversion/Wet Well/Oil-Water Interceptor Unit Cleaning & Waste Description UOM Rate
Project Manager Hour $84.00
Project Manager, Overtime Hour $126.00
Environmental Technician Hour $77.00
Environmental Technician, Overtime Hour $115.50
Pick-Up Truck Day $125.00
Gear Truck Day $265.74
Vaccum Truck Hour $154.00
Super Sucker Hour $195.00
Roll-Off Truck Hour $145.00
Roll-Off Bin Day $18.00
De-Watering Bin Day $21.63
Tripod, Double-Winch Day $320.00
Confined Space Equipment Day $260.00
Pressure Washer Day $130.00
Roll-Off Liner Each $47.00
PPE Level D Each $36.05
PPE Level C Each $68.00
Simple Green, 1 Gallon Each $20.00
Tanker Washout Each $250.00
DocuSign Envelope ID: AB490EC4-53D9-474C-8198-D92CEBCDFA25

4.F.a
Packet Pg. 135 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7172 : CT #11052 - Mod 4 - Clean Earth) 2020 Emergency Response Pricing
Item Price UOM Price OT Price Premium Price
Bio-Haz
Technician
Per Hour $ 151.00 $ 226.50 $ 302.00
Chemist Per Hour $ 115.00 $ 172.50 $ 230.00
Administrative
Support
Per Hour $ 65.00 $ 97.50 $ 130.00
Equipment
Operator/Truck
Driver/Boat
Operator
Per Hour $ 110.00 $ 165.00 $ 220.00
Foreman Per Hour $ 105.00 $ 157.50 $ 210.00
Industrial
Hygienist
Per Hour $ 195.00 $ 292.50 $ 390.00
Project Manager Per Hour $ 165.00 $ 247.50 $ 330.00
Senior Engineer Per Hour $ 145.00 $ 217.50 $ 290.00
Senior Project
Manager
Per Hour $ 195.00 $ 292.50 $ 390.00
Supervisor Per Hour $135.00 $202.50 $270.00
Technician Per Hour $95.00 $142.50 $190.00
Protective Equipment
Item Price UOM Price
Acid Gas W/ HEPA Per Changeout $ 54.00
Air Bottles - SCBA Per Changeout $ 42.00
Boot Covers Per Pair $ 17.50
Chemical Boots Per Pair $ 135.00
Full-Face Respirator Per Changeout $ 383.00
Half-Face Respirator Per Changeout $ 40.00
Haz-Mat Boots Per Pair $ 145.00
Latex Gloves Per Pair $ 2.00
Leather Gloves Per Pair $ 16.50
Level B w/ Barricade Per Changeout $ 575.00
Level B w/ Polytyvek Per Changeout $ 455.00
Level B W/ Saranex Per Changeout $ 475.00
Level C w/ Barricade Per Changeout $ 240.00
Level C w/ Polytyvek Per Changeout $ 155.00
DocuSign Envelope ID: AB490EC4-53D9-474C-8198-D92CEBCDFA25

4.F.a
Packet Pg. 136 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7172 : CT #11052 - Mod 4 - Clean Earth) Level C w/ Saranex Per Changeout
$ 180.00
Neoprene Gloves Per Pair$ 16.50
Nitrile Gloves Per Pair$ 18.00
Tyvek Per Each$ 25.00
Tyvek - Barricade Per Each$ 115.00
Tyvek - Polycoated Per Each$ 35.00
Tyvek - Saranex Per Each$ 55.00
Level A PPE Per Changeout$ 1,450.00
Level D Suit Per Changeout$ 55.00
Level A Suit Per Changeout$ 1,250.00
Defender Cartridge W/ HEPA Per Changeout$ 52.00
Acid Gas Cartridge Per Changeout$ 38.00
Defender Cartridge Per Changeout$ 47.00
Supplies
Item Price UOM Price
110G Overpack Each$ 395.00
15G Over Pack Each$ 115.00
275G Tote Each$ 535.00
30G Closed Head Each$ 118.00
30G Poly Overpack Each$ 118.00
55G Closed Head Metal Each$ 120.00
55G Overpack Metal Each$ 120.00
55G Closed Head Poly Each$ 120.00
55G Overpack Poly Each$ 120.00
5G Pail Each$ 29.00
85G Overpack Each$ 295.00
Biocide (G) Each$ 84.00
Cubic Yard Box Each$ 175.00
Drum Liner Each$ 9.50
Hand Tools Each$ 42.00
DocuSign Envelope ID: AB490EC4-53D9-474C-8198-D92CEBCDFA25

4.F.a
Packet Pg. 137 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7172 : CT #11052 - Mod 4 - Clean Earth) Mercon
-X (Mercury encapsulant) -
(G)
Each$ 200.00
Oil Dry Per Bag$ 22.00
Oil Only Boom 5"x10" Per Bundle$ 195.00
Oil Only Boom 8"x10" Per Bundle$ 290.00
Oil Only Pads Per Bundle$ 150.00
Oil Only Pillows Per Bag$ 160.00
Oil Snare on a Rope Per Bundle$ 155.00
Universal Absorbent Pads Per Bundle$ 210.00
Unknown Material ID Kit Each$ 275.00
DocuSign Envelope ID: AB490EC4-53D9-474C-8198-D92CEBCDFA25

4.F.a
Packet Pg. 138 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7172 : CT #11052 - Mod 4 - Clean Earth) Equipment
Item Price UOM Price
Air Compressor (<50 CFM w/100'
hose)
Per Day$ 195.00
Air Compressor (50-100 CFM w/
100' hose)
Per Day$ 325.00
Air Compressor (>150 CFM
w/100' hose)
Per Day$ 515.00
Air Compressor Hose (per 50'
length)
Per Day$ 42.00
Basement Sump Pump Per Usage$ 70.00
Box Truck w/ liftgate Per Hour$ 130.00
Centrifugal pump (1") Per Usage$ 200.00
Centrifugal Pump (2") Per Usage$ 265.00
Chemical Transfer Hose (1") per
10' length
Per Usage$ 71.00
ER Trailer Per Hour$ 125.00
Fire Hose per 50' Per Usage$ 42.00
FRAC Tank (20k Gallons) Per Day$ 125.00
Generator (<2500 watt) Per Day$ 165.00
Generator (2500-5000 watt) Per Day$ 250.00
Manual Transfer Pump Per Usage$ 105.00
Pickup Truck Per Hour$ 55.00
Pneumatic Chemical Pump (1") Per Usage$ 500.00
Pneumatic Pump (1") Per Usage$ 125.00
Pneumatic Pump (2") Per Usage$ 235.00
Pneumatic Pump (3") Per Usage$ 280.00
Roll-Off Container (20 yd) Per Day$ 65.00
Roll-Off Truck Per Hour$ 145.00
Stake Bed Per Hour$ 83.00
Submersible Pump (1") Per Usage$ 135.00
Submersible Pump (2") Per Usage$ 155.00
Submersible Pump (3") Per Usage$ 210.00
Super Sucker Per Hour$ 300.00
Tractor / Drum Trailer Per Hour$ 130.00
Tractor w/ Flatbed Per Hour$ 130.00
DocuSign Envelope ID: AB490EC4-53D9-474C-8198-D92CEBCDFA25

4.F.a
Packet Pg. 139 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7172 : CT #11052 - Mod 4 - Clean Earth) Tractor w/ Tanker Per Hour $ 145.00
Transfer Hose (1") per 10' Length Per Usage $ 25.00
Transfer Hose (2") per 10' length Per Usage $ 40.00
Transfer Hose (3") per 10' length Per Usage $ 44.00
Transfer Hose (4") per 10' length Per Usage $ 60.00
Utility Trash Pump (2") Per Usage $ 165.00
Utility Trash Pump (3") Per Usage $ 185.00
Vactor Dumper Per Hour $ 245.00
Vacuum Straight Truck Per Hour $ 145.00
Vacuum Tractor Trailer Per Hour $ 165.00
Regular & Overtime Rates
Regular Hours: first 8 hours Monday to Friday, 4:30 AM to 7:30 PM – travel time is calculated as part of hours
Overtime Hours: any hours above 8 hours Monday to Friday, 4:30 AM to 7:30 PM Premium Time Hours: any hours outside of Regular Hours and on Public Holidays Overtime and Premium Time Rates only apply to labor/employee time.

DocuSign Envelope ID: AB490EC4-53D9-474C-8198-D92CEBCDFA25

4.F.a
Packet Pg. 140 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7172 : CT #11052 - Mod 4 - Clean Earth) Exhibit C
Contractual Services Agreement Insurance Requirements
Contractor 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 Contractor, 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 Contractor 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).

If the Contractor maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to the broader coverage or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

Other Insurance Provisions

1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage will be provided in the form of the Additional Insureds DocuSign Envelope ID: AB490EC4-53D9-474C-8198-D92CEBCDFA25

4.F.a
Packet Pg. 141 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7172 : CT #11052 - Mod 4 - Clean Earth) Endorsement Form 17, of the Contractor’s insurance.
b. Primary Coverage: For any claims related to this Agreement, the Contractor’s insurance shall be primary coverage as least as broad as Insurance Services Office 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 Contractor’s insurance and shall not contribute with it. c. Transportation Pollution Liability: The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by the Consultant pursuant to this Agreement. This coverage may also be provided through the Pollution Liability policy.
d. 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.
e. Waiver of Subrogation: Contractor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Contractor may acquire against the City of Santa Monica by virtue of payment of any loss. Contractor 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.

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

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 or Pollution Liability policy provides “claims made” coverage:
a. The Retroactive Date must be shown and must be before the date of this Agreement or the start of work.
b. The insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of work. c. If the policy is cancelled or not renewed, and not replaced with another DocuSign Envelope ID: AB490EC4-53D9-474C-8198-D92CEBCDFA25

4.F.a
Packet Pg. 142 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7172 : CT #11052 - Mod 4 - Clean Earth) “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
Contractor 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 Contractor’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 Contractor, 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, mayterminate this Agreement and obtain damages from the Contractor resulting from said breach.

Subcontractors
Contractor 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 Contractor does not have employees. The Contractor must, however, execute the City’s Workers’ Compensation Coverage Exemption DeclarationForm.

DocuSign Envelope ID: AB490EC4-53D9-474C-8198-D92CEBCDFA25

4.F.a
Packet Pg. 143 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7172 : CT #11052 - Mod 4 - Clean Earth) 2500 Michigan Ave, Bldg 1, Santa Monica, CA 90404 • (310) 458‐8531 • [email protected] santamonica.gov • @cityofsantamonica • @santamonicacity Water Resources Division
Clean Earth Environmental Solutions, Inc.
2670 Executive Drive, Ste A
Indianapolis, IN 46241
Attention: Contracts Administrator
Re: Contract No. 11052 (CCS) – Contract Renewal Option #1 Dear Fred Haley:

Please accept this letter as the City’s notification of its intent to extend the term of the above‐referenced Contractual Services Agreement (the “CSA”) for a period of one (1) year. As noted in Section 1 of the Terms and Conditions of the CSA dated October 6, 2020, the City may extend the term for up to two (2) additional one (1)‐year terms. This first renewal option will extend the term of the CSA commencing on June 30, 2023 and terminating on June 30, 2024. All other terms and conditions of the CSA shall remain the same and in full force and effect.

If you have any questions, please contact Thomas Poon at (310) 458‐8975 or [email protected].

Sincerely,
David White
City Manager
Enclosure
cc: Thomas Poon, Engineering Support Services Administrator Oscar Santiago, Budget Manager
DocuSign Envelope ID: C0C6CA56-7FAB-40E5-81F1-3159A1FBA35F 11/3/2023

4.F.b
Packet Pg. 144 Attachment: CT 11052 (CCS) - Clean Earth Environmental (Mod 1) (7172 : CT #11052 - Mod 4 - Clean Earth) 1685 Main Street, Suite 209, Santa Monica, CA 90401 • [email protected] www.santamonica.gov • @cityofsantamonica • @santamonicacity

Clean Earth Environmental Solutions, Inc.
2670 Executive Drive, Ste A
Indianapolis, IN 46241
Attention: Contracts Administrator
Re: Contract No. 11052 (CCS) - Contract Renewal Option #2 Dear Fred Haley:

Please accept this letter as the City’s notification of its intent to extend the term of the abovereferenced Contractual Services Agreement (the “CSA”) for a period of one (1) year. As noted in Section 1 of the Terms and Conditions of the CSA dated 10/06/2020 the City may extend the term for up to two (2) additional one (1)-year terms. This renewal will extend the term of the PSA commencing on July 1, 2024 and terminating on June 30, 2025. All other terms and conditions of the PSA shall remain the same and in full force and effect.

If you have any questions, please contact Thomas Poon, Project Manager at (310) 458-8531 or by email at [email protected].

Sincerely,
Rick Cole
Enclosure
cc: Thomas Poon, Project Manager
Nicole Hurd, Contracts Coordinator
Docusign Envelope ID: 5B98E135-AB3C-4DC3-9A06-CB0252FDB3C7 David White
9/11/2024
City Manager

4.F.c
Packet Pg. 145 Attachment: CT 11052 (CCS) - Clean Earth Environmental (Mod 2) (7172 : CT #11052 - Mod 4 - Clean Earth) 1 Rev. October 2023
THIRD MODIFICATION OF AGREEMENT NO. 11052 (CCS)
This Third Modification of Agreement Number 11052 (CCS) (“Third Modification”), entered into as of _________________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Clean Earth Environmental Solutions, Inc. (Contractor) is made with reference to the following:

RECITALS
A. On or about October 6, 2020, the City and Contractor entered into Agreement Number 11052 (CCS) for hazardous waste services (“Original Agreement”).

B. On or about June 30, 2023, the City and Contractor entered into a First Modification of Agreement Number 11052 (CCS) (“First Modification”) to exercise the first oneyear renewal option to extend the term of the Original Agreement to June 30, 2024.

C. On or about July 1, 2024, the City and Contractor entered into a Second Modification of Agreement Number 11052 (CCS) (“Second Modification”) to exercise the second one-year renewal option to extend the term of the First Modification to June 30, 2025. The Original Agreement, First Modification, and Second Modification may be referred to collectively herein as “the Agreement.”
D. The City and Contractor desire to modify the Agreement to extend the agreement term to September 30, 2025 and add an additional budget of $210,000.

TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:

1. Section 1 of the Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph:

Term. This Agreement begins on the Execution Date and terminates on September 30, 2025, unless sooner terminated in accordance with Section 14.

2. Section 4 of the Agreement entitled “Compensation” shall be deleted in its entirety and replaced with the following paragraph:

Compensation. The City will compensate the Contractor for the Services performed in an amount not to exceed $1,050,000, for the original term and all, if any, exercised renewals as set forth in Exhibit B-1. //
//
Docusign Envelope ID: F8BE5092-B635-43FD-A8FD-D09EB917828B 5/29/2025

4.F.d
Packet Pg. 146 Attachment: CT 11052 (CCS) - Clean Earth Environmental (Mod 3) (7172 : CT #11052 - Mod 4 - Clean Earth) 2 Rev. October 2023

3. Execution in Counterparts. This Third 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 Third 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).

4. Except as expressly modified by this Third Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Third Modification as of the date and year first written above.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: __________________________

RICK COLE
City Manager
ABC Corporation
#VENDOR
By: ___________________________
Docusign Envelope ID: F8BE5092-B635-43FD-A8FD-D09EB917828B 5/27/2025

DOUGLAS SLOAN
City Attorney
5/28/2025
Mindy Rath
SVP, Sales
Clean Earth
Elaine Polachek
5/29/2025
Interim City Manager
Nikima Newsome
City Clerk
5/29/2025

4.F.d
Packet Pg. 147 Attachment: CT 11052 (CCS) - Clean Earth Environmental (Mod 3) (7172 : CT #11052 - Mod 4 - Clean Earth) 3 Rev. October 2023
Exhibit B-1
Scope of Services
Original Agreement: $840,000
Third Modification: $210,000
Contract Total NTE: $1,050,000 through September 30, 2025 Effective upon the Execution Date of this Third Modification, all pricing pertaining to the services provided by Clean Earth under this Original Agreement shall be increased by an additional six percent (6%).

Docusign Envelope ID: F8BE5092-B635-43FD-A8FD-D09EB917828B

4.F.d
Packet Pg. 148 Attachment: CT 11052 (CCS) - Clean Earth Environmental (Mod 3) (7172 : CT #11052 - Mod 4 - Clean Earth)

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #

4.F.e
Packet Pg. 149 Attachment: FY 24-25 Oaks Initiative - Clean Earth Environmental (7172 : CT #11052 - Mod 4 - Clean Earth) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

Code Regs. Section 18438.1, which states:

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/ https://www.santamonica.gov/departments/rent-control https://www.smgov.net/boards/ Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

4.F.f
Packet Pg. 150 Attachment: FY 24-25 Levine Act - Clean Earth Environmental [Revision 1] (7172 : CT #11052 - Mod 4 - Clean Earth) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

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

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

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

4.F.f
Packet Pg. 151 Attachment: FY 24-25 Levine Act - Clean Earth Environmental [Revision 1] (7172 : CT #11052 - Mod 4 - Clean Earth) City Council
Report
City Council Meeting: August 12, 2025
Agenda Item: 4.G
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Airport Subject: Approval of the Ratification of Purchase Order to Premier Security Services, Inc. for Emergency Repair and Maintenance of the Airport Security Access Control System
Recommended Action
Staff recommends that the City Council:

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

Summary
The City of Santa Monica’s Airport Division, within the Public Works Department, has in place an airport Security Access Control System (SACS) which monitors and controls access to the airfield 24/7. The airport’s SACS is critical in ensuring all airport vehicles and pedestrian access on the airfield remains secure. On May 14, 2025, the Airport Division was informed that the contracted vendor overseeing the airport’s SACS had unexpectedly closed its business as of May 5, 2025. The vendor’s services included support, maintenance, repair, and programming of the SACS. An interruption of the SACS jeopardizes airport security and increases the City’s liability in the event of a breach. In response to the vendor’s closure, staff procured emergency services and issued a purchase order to Premier Security Services, Inc. pursuant to Santa Monica Municipal Code (SMMC) 2.24.240, Procedures for Emergency Needs. This staff report

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provides the City Council with a detailed explanation of the emergency circumstances under which the purchase was made.

Discussion
The Airport Division experienced an unexpected service disruption to the airport’s SACS after the contracted vendor ceased operations without notice on May 5, 2025. The SACS is a vital component in maintaining the safety and integrity of airport operations.

Any disruption of this system undermines the safeguards governing airfield access, potentially allowing unauthorized personnel or vehicles into restricted airfield zones.

Such breaches present immediate threats to operational security, public safety, and infrastructure, and significantly increase the City’s liability exposure. It is imperative that the SACS always remains fully functional to uphold regulatory compliance and minimize risk.

On May 5, 2025, the contracted security vendor responsible for repairs to a pedestrian airfield access point at the airport unexpectedly terminated services, leaving the access point exposed and creating an urgent safety concern. Airport staff were not notified by the contracted vendor that they had stopped providing services until May 14, 2025.

Recognizing the immediate need to secure the access point, staff contacted the security system platform provider (Brivo Systems LLC) to obtain a list of approved vendors for maintaining and repairing the airport’s SACS. Despite this effort, no referrals were provided.

Airport staff pivoted and conducted vendor research and identified Premier Security Services, Inc. as a vendor with experience in repairing and maintaining a similar security system to the airport’s SACS. On May 20, 2025, staff notified the Procurement division of the situation and requested emergency approval to engage Premier Security Services, Inc. to complete the emergency repair work and perform temporary sixmonths maintenance of the airport’s SACS. The emergency purchase order was processed in accordance with the City’s emergency procurement protocols, ensuring

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continuity of airport security and operations. This immediate action allows staff time to prepare a formal Request for Proposal (RFP) to support a long-term vendor contract through the City’s standard procurement procedures.

Environmental Review
The emergency maintenance and repair of the airport’s security access control system is categorically exempt pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. Section 15301 (Class 1 – Existing Facilities) exempts projects that consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alternation of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The purchase order would provide for the maintenance and repair of the airport’s security access control system and therefore is categorically exempt from CEQA review under CEQA Guidelines Section 15301.

Financial Impacts and Budget Actions
The purchase order to Premier Security Services, Inc. for the maintenance and repair of the airport’s SACS was issued from the current budget in the Airport Fund.

Purchase Order
FY 2025-26 Request
Amount Department Account # Total Contract Amount
$50,000 57500002.529210 $50,000
Total $50,000
Exception to Competitive Bidding
Procurement awarded a purchase order to Premier Security Services, Inc. for maintenance and repair of the airport’s security access control system as an exception to competitive bidding per Municipal Code 2.24.250(i). i. A purchase is made under the emergency procedures set forth in Section

2.24.240(d)(3). The disruption of the airport SACS system compromises airport security and increases the City’s liability in the event of a breach, which could pose immediate threats to operational security, public safety, and infrastructure.

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4 of 4
Prepared By: Diana Hernandez, Airport Operations Analyst Approved Forwarded to Council
Attachments:

A. Levine Act - Premier Security Services
B. Oaks - Premier Security Services

4.G
Packet Pg. 155
City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

Code Regs. Section 18438.1, which states:

4.G.a
Packet Pg. 156 Attachment: Levine Act - Premier Security Services (7189 : Security Access Control System Service) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUEAND CORRECT.

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

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

4.G.a
Packet Pg. 157 Attachment: Levine Act - Premier Security Services (7189 : Security Access Control System Service) 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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• 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 $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

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

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

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

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

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

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Packet Pg. 160 Attachment: Levine Act - Premier Security Services (7189 : Security Access Control System Service)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

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

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

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

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

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

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Packet Pg. 161 Attachment: Oaks - Premier Security Services (7189 : Security Access Control System Service)

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #

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Packet Pg. 162 Attachment: Oaks - Premier Security Services (7189 : Security Access Control System Service) City Council
Report
City Council Meeting: August 12, 2025
Agenda Item: 4.H
1 of 5
To: Mayor and City Council
From: Feroz Merchhiya, Chief Information Officer, Information Services Department Jenny Rogers, Recreation and Arts Director, Recreation and Arts Department Subject: Approval of Fifth Modification of Agreement with Accela to Support OpenCounter Special Events Platform
Recommended Action
Staff recommends that the City Council:

This would result in a nine-year amended agreement with a new total not to exceed $503,561, 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.

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Summary
The City has used Accela’s OpenCounter platform since 2017 to develop systems and portals to improve the City’s special events permitting process and customer experience. OpenCounter services currently support the City’s special events permit portal. In 2024, Open Counter Enterprises, Inc., was acquired by Accela, Inc., who assumed responsibility for services under the existing agreement. The current contract term expires in September 2025. However, the City’s new permitting system is not expected to be fully implemented until March 2026. Staff recommends modifying the existing contract in an amount of $44,730 for one year, with a total not to exceed $503,561. While the City transitions to its new permitting system, the OpenCounter platform is still needed to support the City’s Special Events permit portal.

Discussion
OpenCounter’s online portals are designed to provide residents, businesses and event organizers with an intuitive, step-by-step guide when obtaining licenses or permits from their city, county, or state. Since its launch in 2021, the City’s Special Events Portal has allowed the public to apply for and pay for special events permits, in an online, selfservice manner. The public can perform all necessary permit steps online without having to come into City Hall in person.

The City originally contracted with OpenCounter under Agreement #4384 in 2017 under City Manager authority, based on an exception to the competitive process. At the time, OpenCounter offered unique zoning and permit discovery tools, along with a specialized focus on improving the permitting experience for municipalities.

In 2024, OpenCounter was acquired by Accela, Inc. who assumed responsibility for services under the agreement, which supports the Special Events Portal through September 2025 for a total contract amount not to exceed $458,831. This proposed fifth modification is limited in scope and intended solely to maintain the Special Events Portal through the end of its operational use, as the City transitions to the Clariti permitting system. Continuing to use Accela until Clariti goes live achieves cost savings

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and reduced staff time compared to implementing an alternative process or interim system.

In July 2024, City Council approved the award of contract #11605 to Speridian Technologies, LLC (Speridian) for implementation and support of Clariti, a new citywide permitting and land use management system. Staff determined special events permitting will ultimately transition to the new Clariti system once it goes live in March 2026. Licenses for the other citywide permitting and land use systems do not expire until December 2025 and will be renewed as needed in a separate agreement.

However, the City’s current license for the Special Events portal expires in September 2025. To ensure continuity of service and avoid operational disruptions, staff recommends modifying Agreement #4384 to extend the term and renew its OpenCounter license with Accela for one additional year, through September 2026, for an additional amount of $44,730, resulting in a new total not to exceed amount of $503,561. This is a 5% increase over the 2024 annual license rate, which is on par with price increases in prior years. The increase is Accela’s standard uplift, which is applied to all Accela renewals. This uplift reflects the ongoing increase in value provided through investment and improvements Accela continuously makes to the product, including, but not limited to, new features introduced into the product as well as ongoing improvements in user interface, documentation, product design, speed, scalability, security, reliability, and performance.

Environmental Review
The proposed contract modification is exempt from the provision of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines (common sense exemption). The modification is covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The modification would not result in any adverse physical environmental effects as it encompasses remote services. The software services are administrative in nature and would not have a physical effect on the environment, so

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therefore, are exempt from CEQA. Therefore, the modification to the agreement is exempt from CEQA and no further environmental review under CEQA is required.

Past Council Actions
Meeting Date Description
06/28/2022 Approval of Fourth Modification to Contract #4384 for Open Counter Permitting Technology Solutions
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to increase the total agreement amount for Contract #4384 with Accela to maintain and support OpenCounter. Future year funding is contingent on Council budget approval.

Agreement Modification Request
Agreement
#
Current
Authorized
Amount
FY 2025-26
Modified
Request
Amount
Account
Number(s)
Total Revised
Contract
Amount
4384 $458,831 -- 01430002.529230 $458,831
$44,730 01430001.529230 $44,730
Total $503,561
Prepared By: Prasanna Joshi, Enterprise Architect & Digital Development Manager
Approved Forwarded to Council
Attachments:

A. Open Counter Mod 4_Staff Report 06.28.2022
B. Accela OAKS INITIATIVE FORM - Signed 11.20.24
C. Accela Levine Act Disclosure Form 2.6.24 - signed 11.20.2024

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D. OpenCounter Ct. 4384
E. OpenCounter Ct. 4384 First Modification
F. OpenCounter Ct. 4384 Second Modification
G. OpenCounter Ct. 4384 Third Modification
H. OpenCounter Ct. 4384 Fourth Modification

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City Council
Report
City Council Meeting: June 28, 2022
Agenda Item: 5.H
1 of 4
To: Mayor and City Council
From: Joseph Cevetello, Chief Information Officer, Information Services Department David Martin, Director, Community Development Department Subject: Approval of Contract Modification with Open Counter Enterprises, Inc. for Permitting Technology Solutions
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a fourth modification to agreement #4384 for $228,281 with Open Counter Enterprises, Inc. for a modern technology platform supporting Special Events permitting processes. This will result in an eight-year amended agreement with a new total amount not to exceed $458,381 with future year funding contingent on Council budget approval.

Summary
The City has engaged OpenCounter since 2017 to develop systems and portals to improve the City’s permitting processes and customer experience. In that time, the City has launched a customer portal for permits and a special events permits portal. Staff recommends modifying the existing contract with OpenCounter Enterprises, Inc. for an amount not to exceed $228,281 through September 2025, for a total contract not to exceed $458,831 and a term of eight years to pay the vendor for prior development work completed and to support 3 years of the Special Events portal.

Discussion
Under this scope of work, OpenCounter Enterprises, Inc. will maintain the Special Events portal and be reimbursed for additional permitting work performed to date by the vendor. This will allow the public to apply for and pay for special event permits, in an on4.H.a Packet Pg. 168 Attachment: Open Counter Mod 4_Staff Report 06.28.2022 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 2 of 4
line self-service manner. The public can perform all necessary permit steps on-line without having to come into City Hall.

OpenCounter was initially engaged to build a customer portal that would help those seeking to open businesses in Santa Monica to see land-use restrictions for different addresses, the required permits for various business activities and estimate the permit costs. That portal was launched in 2019 and the City entered into a first contract modification to extend support for this plan check review portal through 2021, but it has not been widely used and is being discontinued.

Building on the work previously done with OpenCounter and in an effort to transition from manual to digital processes during the pandemic, the City entered into a second contract modification to build a portal that would help staff and customers track and process special event permit applications. This special events portal launched in 2021 and is now in production. Prior to the launch of the portal, the City entered into a third modification with OpenCounter to add payment processing functions and improved security enhancements that would support the special events portal.

While the special events portal was being developed, the City has also been exploring replacement of its permitting and plan check systems. As part of that effort, staff had initial engagements with OpenCounter in several areas for permits issued by the Mobility Division, the Public Works Department, and Community Development Department as part of exploring whether OpenCounter could replace our existing permitting and land use systems. However, staff have determined that it is in the best interests of the City to undertake a request for proposals to fully evaluate the marketplace and identify the best fit for the City.

Therefore, staff are requesting a fourth modification to the agreement with OpenCounter to pay for initial work done with departments as part of the permitting assessments as well as to support the Special Events Portal for three more years while the permitting RFP and system implementation is completed.

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Packet Pg. 169 Attachment: Open Counter Mod 4_Staff Report 06.28.2022 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 3 of 4
Vendor Selection
Santa Monica entered into the original agreement with OpenCounter in 2017 under City Manager authority based on an exception to the competitive process due to OpenCounter’s unique zoning and permit discovery technology, along with their experience and focus on working with cities to develop value-add solutions that work with Accela and other widely used permitting systems. OpenCounter is a software development firm that has focused its mission on working with cities to improve the customer experience around permitting and plan check review. They have worked with many cities, including Sacramento, San Jose, San Diego, Detroit, Cincinnati, Orlando, and Atlanta to transform city permitting processes and continue to develop and expand their capabilities with each City partnership.

Work has been completed beyond City Manager authorized authority and this modification is needed in order to pay the vendor for completed work.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund and Water/Wastewater Funds to increase the amount of the agreement with OpenCounter Enterprises, Inc. for development work completed and to support 3 years of the Special Events portal.

Future funding for the annual subscription costs is contingent on Council budget approval.

Contract Modification Request
Agreement
#
Current
Authorized
Amount
FY21/22
Modified Request
Amount
Future Years
Dept/CIP Account #
Total Revised
Contract Amount
4384 $67,500 C55000314.589000 $67,500
$75,000 SO019701.689000 $75,000
$38,000 C7100030.689000 $38,000
$49,600 01400015.529230 $49,600
$25,700 $58,500 01140001.529230 $84,200
$38,000 01700002.552010 $38,000
$97,800 01400015.529230 $97,800

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Packet Pg. 170 Attachment: Open Counter Mod 4_Staff Report 06.28.2022 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 4 of 4
$1,108 01600002.550010 $1,108
$253 51500001.550010 $253
$383 50500001.550010 $383
$6,537 01500031.552010 $6,537
Total: $230,100 $71,981 $156,300 $458,381
Prepared By: Margaret Talamantes, Administrative Services Officer Approved Forwarded to Council
Attachments:

A. OAKS OpenCounter
B. OpenCounter Ct. 4384
C. OpenCounter Ct. 4384 First Modification
D. OpenCounter Ct. 4384 Second Modification
E. OpenCounter Ct. 4384 Third Modification

4.H.a
Packet Pg. 171 Attachment: Open Counter Mod 4_Staff Report 06.28.2022 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

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.

4.H.b
Packet Pg. 172 Attachment: Accela OAKS INITIATIVE FORM - Signed 11.20.24 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing)

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #
Michael E. Gigliello Controller [email protected] 925-659-3200 Accela, Inc. N/A Please see attached.
11/20/2024

4.H.b
Packet Pg. 173 Attachment: Accela OAKS INITIATIVE FORM - Signed 11.20.24 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) November 20, 2024
Accela, Inc. Directors:

Aaron Haggarty
Bobby Wilson
Noam Reininger
Accela, Inc. Officers:

Noam Reininger – Chief Executive Officer
Dennis Michalis - Chief Revenue Officer
Amber D’Ottavio – Chief Product Officer
Aaron Haggarty - Chief Legal Officer & Corporate Secretary Renato Mascardo – Chief Technology Officer
Jonathon Knight – Chief Operating Officer
Robert Wilson – Chief Financial Officer
Michael Gigliello – Corporate Controller & Treasurer

4.H.b
Packet Pg. 174 Attachment: Accela OAKS INITIATIVE FORM - Signed 11.20.24 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

CALIFORNIA LEVINE ACT DISCLOSURE
In 2022, California’s SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit City “Officers” from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.

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.

4.H.c
Packet Pg. 175 Attachment: Accela Levine Act Disclosure Form 2.6.24 - signed 11.20.2024 (7197 : Fifth Modification of Agreement with Accela for OpenCounter City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

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.

Accela, Inc.

Michael E Gigliello
11/20/2024
Controller

4.H.c
Packet Pg. 176 Attachment: Accela Levine Act Disclosure Form 2.6.24 - signed 11.20.2024 (7197 : Fifth Modification of Agreement with Accela for OpenCounter SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
DATE: January 25, 2024
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $250 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

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

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

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Packet Pg. 177 Attachment: Accela Levine Act Disclosure Form 2.6.24 - signed 11.20.2024 (7197 : Fifth Modification of Agreement with Accela for OpenCounter

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

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. 178 Attachment: Accela Levine Act Disclosure Form 2.6.24 - signed 11.20.2024 (7197 : Fifth Modification of Agreement with Accela for OpenCounter

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

4.H.c
Packet Pg. 179 Attachment: Accela Levine Act Disclosure Form 2.6.24 - signed 11.20.2024 (7197 : Fifth Modification of Agreement with Accela for OpenCounter

4.H.d
Packet Pg. 180 Attachment: OpenCounter Ct. 4384 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing)

4.H.d
Packet Pg. 181 Attachment: OpenCounter Ct. 4384 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing)

4.H.d
Packet Pg. 182 Attachment: OpenCounter Ct. 4384 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing)

4.H.d
Packet Pg. 183 Attachment: OpenCounter Ct. 4384 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing)

4.H.d
Packet Pg. 184 Attachment: OpenCounter Ct. 4384 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing)

4.H.d
Packet Pg. 185 Attachment: OpenCounter Ct. 4384 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing)

4.H.d
Packet Pg. 186 Attachment: OpenCounter Ct. 4384 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing)

4.H.d
Packet Pg. 187 Attachment: OpenCounter Ct. 4384 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing)

4.H.d
Packet Pg. 188 Attachment: OpenCounter Ct. 4384 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing)

4.H.d
Packet Pg. 189 Attachment: OpenCounter Ct. 4384 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing)

4.H.d
Packet Pg. 190 Attachment: OpenCounter Ct. 4384 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing)

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Packet Pg. 205 Attachment: OpenCounter Ct. 4384 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing)

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Packet Pg. 206 Attachment: OpenCounter Ct. 4384 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing)

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Packet Pg. 207 Attachment: OpenCounter Ct. 4384 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing)

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Packet Pg. 208 Attachment: OpenCounter Ct. 4384 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing)

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Packet Pg. 209 Attachment: OpenCounter Ct. 4384 (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 1 FIRST MODIFICATION OF AGREEMENT NO. 4384
This First Modification of Agreement Number 4384 (“First Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Open Counter Enterprises, Inc. (OpenCounter) is made with reference to the following:

RECITALS
A. On or about September 13, 2020, the City and OpenCounter entered into Software License Agreement Number 4384 (“Original Agreement”) for access to certain software-based services provided by City and accessed via the Internet and related professional services.

B. The City and OpenCounter desire to modify the Original Agreement to extend its subscription to the OpenCounter Zoning and Business Portals for one additional year and increase the contract price to pay for the additional term.

TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:

1. Section 18 of the Original Agreement entitled “Term and Termination; Rights Upon Termination” shall be deleted in its entirety and replaced with the following paragraph:

Term. The Term of this Agreement begins on the Execution Date and terminates on September 12, 2021 unless terminated earlier as set forth in the Agreement or extended by the parties in writing.

2. Section 2 of the Original Agreement entitled “OpenCounter Services” shall be modified by adding the following paragraph:

Additional Services. OpenCounter will perform all of the additional services (“Additional Services”) described in Exhibit A-1, Scope of Services.

3. Section 6 of the Original Agreement entitled “License Fees and Support Service Fees” shall be modified by adding the following paragraph:

Compensation. The City will compensate OpenCounter for the Additional Services in an amount not to exceed $38,000, as set forth herein.

The total contract price for services pursuant to the Original Agreement and this First Modification shall not exceed $180,500.

DocuSign Envelope ID: 6B2873A9-8B7F-4D8B-983F-9C413FDF7F6F 9/30/2020

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Packet Pg. 210 Attachment: OpenCounter Ct. 4384 First Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 2 4. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
OpenCounter Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 6B2873A9-8B7F-4D8B-983F-9C413FDF7F6F George Cardona
Interim City Attorney
9/27/2020
9/28/2020
CEO
Open Counter Enterprises Inc.

Joel Mahoney
Lane Dilg
Interim City Manager
9/30/2020
Denise Anderson-Warren
City Clerk
9/30/2020

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Packet Pg. 211 Attachment: OpenCounter Ct. 4384 First Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 3 Exhibit A-1
Scope of Services
OpenCounter will continue to make available to the City of Santa Monica licensed access to the following Hosted Services:

Company Zoning Portal
The Company Zoning Portal renders complex land use regulations in the browser and makes regulations responsive to citizen inquiries.

Specifically, the Company Zoning Portal helps applicants navigate the site selection process by answering the seemingly simple question: "Where is my project permitted?" It does so by analyzing and importing the logical structure of the municipal code, factoring in the kind of project constituent end users want to pursue and secondary issues that may have huge implications for like use, such as whether a restaurant will serve alcohol, or have live entertainment.

Powered by a patent-pending geospatial rules engine, the Company Zoning Portal brings a new level of service to applicants, freeing them from parsing through dense code publishing sites and normalizing the process to an intuitive mapping interface while putting applicants in touch with City Subject Matter experts to facilitate formal zoning and land use applications.

Company Business Portal
The Company Business Portal helps entrepreneurs understand the costs and complexity of establishing or growing a business. The Company Business Portal guides applicants through an intuitive permit discovery process, and estimates the time and cost associated with the specifics of their project. Once applicants are ready to proceed, it also instructs them on the next steps for the permits and licenses that have been triggered.

DocuSign Envelope ID: 6B2873A9-8B7F-4D8B-983F-9C413FDF7F6F

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Packet Pg. 212 Attachment: OpenCounter Ct. 4384 First Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 1 SECOND MODIFICATION OF AGREEMENT NO. 4384
This Second Modification of Agreement Number 4384 (“Second Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Open Counter Enterprises, Inc. (“OpenCounter”) is made with reference to the following:

RECITALS
A. On or about September 13, 2017, the City and OpenCounter entered into Software License Agreement Number 4384 (“Original Agreement”) for access by City to certain software-based services provided by OpenCounter and accessed via the Internet and related professional services.

B. On or about September 30, 2020, City and OpenCounter executed a First Modification of Agreement No. 4384 (“First Modification”), which extended City’s access to the OpenCounter Zoning and Business Portals for one additional year through September 30, 2021 and increased the contract price to pay for the additional term. The Original Agreement as modified by the First Modification is referred to as the Agreement.

C. City and OpenCounter now desire to modify the Agreement to expand the OpenCounter software-based services to which City has access to include the “Special Events Portal” module increase the contract price by $49,600 to pay for City’s access to the additional module, and extend the term of the Agreement as it applies to City’s access to the “Special Events Portal” only from July 1, 2021 to September 12, 2022.

TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:

1. Section 18 of the Agreement entitled “Term and Termination; Rights Upon Termination” shall be deleted in its entirety and replaced with the following paragraph:

Term. The Term of this Agreement begins on the Execution Date and, with respect to City’s access to and use of the “Special Events Portal,” terminates on September 12, 2022, unless terminated earlier as set forth in the Agreement or extended by the parties in writing. OpenCounter and City agree that City’s access to and use of the Zoning and Business Portals will terminate on September 30, 2021, as provided in the First Modification, unless extended by the parties in writing.

2. Section 2 of the Agreement entitled “OpenCounter Services” shall be modified by adding the following paragraph:

Additional Services Two. OpenCounter will perform all of the addiDocuSign Envelope ID: 4B0D9CFE-D98A-4A33-A003-4FB10F96231D 6/30/2021

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Packet Pg. 213 Attachment: OpenCounter Ct. 4384 Second Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 2 tional services (“Additional Services Two”) described in Exhibit A-2, Scope of Additional Services.

3. Section 6 of the Agreement entitled “License Fees and Support Service Fees” shall be modified by adding the following paragraph:

Additional Compensation. The City will compensate OpenCounter for the Additional Services Two in an amount not to exceed $49,600, as set forth in Exhibit B-2 - Budget. The total contract price for services pursuant to the Agreement and this Second Modification shall not exceed $230,100.

4. New Section 24.2 entitled “Data Breach Obligations” shall be added to the Agreement to read as follows:

24.2 Open Counter’s Data Breach Obligations – In the event that any personal identifying information (“PII”) provided to OpenCounter is subject to unauthorized acquisition, access, use, or disclosure that compromises the security, confidentiality, or integrity of such PII (a “Data Breach”), OpenCounter shall promptly notify the City as soon as practical and cooperate with any remedial and notification requirements needed to remediate the Data Breach.

5. Exhibit A-2, Scope of Additional Services, and Exhibit B-2 - Budget are attached hereto and incorporated both herein and into the Agreement by reference. Accordingly, Section 23 of the Agreement entitled “Exhibits” shall be modified to read as follows:

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

Exhibit A Proposal of OpenCounter
Exhibit A-1 Additional Services
Exhibit A-2 Additional Services Two
Exhibit B License Fees and Support Services Fees
Exhibit B-2 Budget
Exhibit C Vendor’s Support Policy as of the Effective Date Exhibit D Insurance Requirements

DocuSign Envelope ID: 4B0D9CFE-D98A-4A33-A003-4FB10F96231D

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Packet Pg. 214 Attachment: OpenCounter Ct. 4384 Second Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 3 6. Except as expressly modified by this Second Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Second Modification as of the date and year first written above.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
OpenCounter Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 4B0D9CFE-D98A-4A33-A003-4FB10F96231D 6/29/2021
Interim City Attorney
George S. Cardona
Joel Mahoney
Open Counter Enterprises Inc.
6/29/2021
CEO
John Jalili
6/30/2021
City Clerk Interim City Manager
6/30/2021
Denise Anderson-Warren

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Packet Pg. 215 Attachment: OpenCounter Ct. 4384 Second Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 4 Exhibit A-2
Scope of Additional Services
OpenCounter agrees to provide the Additional Services described below through September 12, 2022:

DocuSign Envelope ID: 4B0D9CFE-D98A-4A33-A003-4FB10F96231D

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Packet Pg. 216 Attachment: OpenCounter Ct. 4384 Second Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 5 DocuSign Envelope ID: 4B0D9CFE-D98A-4A33-A003-4FB10F96231D

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Packet Pg. 217 Attachment: OpenCounter Ct. 4384 Second Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 6 DocuSign Envelope ID: 4B0D9CFE-D98A-4A33-A003-4FB10F96231D

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Packet Pg. 218 Attachment: OpenCounter Ct. 4384 Second Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 7 DocuSign Envelope ID: 4B0D9CFE-D98A-4A33-A003-4FB10F96231D

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Packet Pg. 219 Attachment: OpenCounter Ct. 4384 Second Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 8 DocuSign Envelope ID: 4B0D9CFE-D98A-4A33-A003-4FB10F96231D

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Packet Pg. 220 Attachment: OpenCounter Ct. 4384 Second Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 9 DocuSign Envelope ID: 4B0D9CFE-D98A-4A33-A003-4FB10F96231D

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Packet Pg. 221 Attachment: OpenCounter Ct. 4384 Second Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 10 Exhibit B-2
Budget
OpenCounter will provide the Additional Services for the compensation outlined below. The total compensation paid to OpenCounter for the Additional Services shall not to exceed $49,600. The total compensation paid to OpenCounter under the Agreement and this Second Modification shall not exceed $230,100.

DocuSign Envelope ID: 4B0D9CFE-D98A-4A33-A003-4FB10F96231D

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Packet Pg. 222 Attachment: OpenCounter Ct. 4384 Second Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 1 THIRD MODIFICATION OF AGREEMENT NO. 4384
This THIRD MODIFICATION of Agreement Number 4384 (“Third Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Open Counter Enterprises, Inc. (“OpenCounter”) is made with reference to the following:

RECITALS
A. On or about September 13, 2017, City and OpenCounter entered into Software License Agreement Number 4384 (“Original Agreement”) for access by City to certain software-based services provided by OpenCounter and accessed via the Internet and related professional services.

B. On or about September 30, 2020, City and OpenCounter executed a First Modification of the Original Agreement (“First Modification”), which extended City’s access to the OpenCounter Zoning and Business Portals for one additional year through September 30, 2021 and increased the contract price to pay for the additional term.

C. On or about June 30, 2021, City and OpenCounter executed a Second Modification of the Original Agreement (“Second Modification”), which increased the contract price to pay for an additional module and extend the term applicable to the Special Events Portal through September 12, 2022. The Original Agreement, as modified by the First Modification and the Second Modification, is referred to as the Agreement.

D. City and OpenCounter now desire to modify the Agreement to expand its scope for an OpenCounter Online Payments- Paymentus Integration project delivered by OpenCounter at no additional cost to the City on or before September 12, 2022.

TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:

1. Section 2 of the Agreement entitled “OpenCounter Services” shall be modified by adding the following paragraph:

Additional Services Three. OpenCounter will perform all of the additional services (“Additional Services Three”) described in Exhibit A-3, Scope of Additional Services - Online Payments- Paymentus Integration.

2. Section 18 of the Agreement entitled “Term and Termination; Rights Upon Termination shall be deleted in its entirety and replaced with the following paragraph:

Term. The Term of this Agreement begins on the Execution Date and, with respect to City’s access to both: (1) use of the “Special Events Portal,” and (2) the DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2 9/20/2021

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Packet Pg. 223 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 2 Online Payments- Paymentus Integration project outlined in Additional Services Three, terminates on September 12, 2022, unless terminated earlier as set forth in the Agreement or extended by the parties in writing. Open-Counter and City agree that City’s access to and use of the Zoning and Business Portals will terminate on September 30, 2021, as provided in the First Modification, unless extended by the parties in writing.

3. Exhibit A-3, Scope of Additional Services, and Exhibit B-3 - Budget are attached hereto and incorporated both herein and into the Agreement by reference. Accordingly, Section 23 of the Agreement entitled “Exhibits” shall be modified to read as follows:

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

Exhibit A Proposal of OpenCounter
Exhibit A-1 Additional Services
Exhibit A-2 Additional Services Two
Exhibit A-3 Additional Services Three
Exhibit B License Fees and Support Services Fees
Exhibit B-2 Budget
Exhibit B-3 Revised Budget
Exhibit C Vendor’s Support Policy as of the Effective Date Exhibit D Insurance Requirements

4. Exhibit B-2 Budget is modified as reflected in Exhibit B-3 Revised Budget to reflect that Additional Services Three will be provided without any additional charge to City. All references to Exhibit B-2 shall refer to Exhibit B-3.

DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 224 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 3 5. Except as expressly modified by this Third Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this THIRD MODIFICATION as of the date and year first written above.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
OpenCounter Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2 George S. Cardona
Interim City Attorney
9/16/2021
Joel Mahoney
Open Counter Enterprises Inc.
9/16/2021
CEO
9/20/2021
Interim City Manager
John Jalili
9/21/2021
Denise Anderson-Warren
City Clerk

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Packet Pg. 225 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 4 Exhibit A-3
Scope of Additional Services
OpenCounter agrees to provide the Additional Services described below through September 12, 2022:

See Next Page
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 226 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) Santa Monica, California
Statement of Work for
OpenCounter
Online Payments - Paymentus Integration
Version 1.1
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 227 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 2 Revision History 4
Document Purpose 5
Contact Information 5
Project Approach 5
Vendor Project Management Responsibilities 6
Client Project Management Responsibilities 6
Scope 6
Guided Checkout Workflow 7
Branding 7
Website Hosting 8
Payment Receipts 8
Business Rules 9
Recurring payments 9
Maximum Payment Amount 9
Tender Type Restrictions 10
Payment Types 10
Payment Processing 10
Integrations 12
Additional Functionality 14
Training 14
Schedule 14
Project Kickoff and Discovery 14
Project Schedule 15
Appendix A: Supported Functionality 17
Appendix B: Additional Functionality 17Appendix C: Integration Assumptions 20 Appendix D: Flat File Integration 21
Lookup File 21
Vendor Responsibilities 21
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 228 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 3 Client Responsibilities 21
Field Specifications: 21
Postback 22
Vendor Responsibilities 22
Client Responsibilities 23
File Specifications 23
Appendix E: Project Schedule 20
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 229 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 4 Revision History
Date Changes Editor Version Number
2021.03.17 Initial draft MJ 1.0
2021.06.11 Finalize edits MJ 1.1
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 230 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 5 THIS STATEMENT OF WORK (this “Statement of Work”) is entered as of the date on which both parties have signed below by and between Open Counter Enterprises, Inc. (“Vendor” or “OpenCounter”) and the City of Santa Monica (“Customer” or “Client” or “client” City”) and is subject to, and made a part of, the Master Services Agreement effective as of [DATE] between Vendor and Customer (the “Agreement”). Capitalized terms used, but not defined, in this Statement of Work have the meanings given such terms in the Agreement.

Document Purpose
The purpose of this document is to establish the scope for an OpenCounter Online Payments project delivered byOpenCounter. This document will be used for any new project, including new implementations and updates to existing implementations.

This document will establish the high level scope of the project. It will be signed at the beginning of the project and will drive all subsequent implementation activities - the project kickoff and the coordination of Vendor project team resources.

Appendix A contains information regarding the supported functionality of our systems. Vendor is not expected to deliver functionality beyond the items listed in Appendix A unless explicitly documented in Appendix B.

Any changes made to this document following the initial approval will require a Change Order.

These changes may result in modifications to project schedule and/or pricing for the project.

CityBase, Inc. (“CityBase”), a Company Affiliate, will provide Third Party Features.

Contact Information
Primary CityBase POC: Name: Jim Murphy
Phone No.: 312 860 8286
Email: [email protected]
Vendor Project Manager Name: Matt Lesiczka
Phone No.: 978 852 5330
Email: [email protected]
Client Decision Maker Name: Joseph Cevetello
Email: [email protected]
Client Technical POC Name:Sreekanth Maddali
Email:[email protected]
Project Approach
Vendor will support online payments for Santa Monica, California.

DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 231 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 6 Vendor will leverage the Standard Checkout solution to provide a secure, PCI compliant method of payment processing for the City and will route transactions to Paymentus for processing.

Vendor Project Management Responsibilities
Vendor will have a Project Manager assigned to this engagement. The project manager’s roles and responsibilities include:

1. Coordinating the development of the project plan in consultation with Client project manager and team members

2. The timely delivery of items identified as in scope within this Statement of Work

3. Providing Client with timely and detailed descriptions of action items assigned to them throughout the project

4. Advising Client of expected completion dates for items identified in this Statement of Work and in the project plan

5. Advising Client of the impact on expected delivery dates when prerequisite tasks, such as the completion of discovery or approval on documentation, are advanced or delayed

6. Monitoring the progress of the project and advising Client of risks to its on-time completion

7. Coordinating the completion and approval of change orders Client Project Management Responsibilities

1. The timely delivery of items assigned to Client

2. Advising the project team of expected delivery dates for items assigned to Client

3. Ensuring that change orders contain a full specification of the changes required

4. Ensuring that all Client team members have a clear understanding of their responsibilities to the project

5. Coordinating with team members within various departments and vendors at Client

6. Identifying appropriate resources for the project both internally and with third party vendors
Scope
Vendor supports three forms of online payment. Standard, Guided and Profile. The functionality for each type is outlined below.

Standard
Payment
Guided
Payment
Profile
Payment
Collect amount due and line item details via POST from source system
✔
Support one or more line items in payment ✔ ✔ ✔
Collect payment from customer for card or bank ✔ ✔ ✔
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 232 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 7 Email receipt to customer ✔ ✔ ✔
Redirect customer after payment ✔ ✔ ✔
Research, Report, Reconcile in Revenue Management ✔ ✔ ✔ Update source system after payment is complete ✔ ✔ ✔
Vendor is Payment Processor or Gateway ✔ ✔ ✔
Look up your balance from a source system, or enter in the amount due
✔
Store Payment Instruments, and demographics for future
payments
✔
AutoPay ✔
Perform lookup to source system to determine amount due ✔ ✔ Payment Workflows Supported x Standard
� Guided
� Profile
Branding
The online payment experience can be branded to meet the client’s branding guidelines. Detailed requirements will be collected during the discovery phase of the project and documented in the Client Branding Worksheet as shown in Appendix G.

Website Hosting
Vendor will host the website within our Amazon Web Services (AWS) infrastructure.

The Vendor platform will use a subdomain supplied by the client, providing a seamless and native payment experience for the client’s customers.

The client is responsible for pointing a DNS record to the CityBase Amazon load balancer that hosts our cloud-based application. This will allow CityBase to use the subdomain for the customers’ interface.

The client will also be required to generate 2 additional CNAME DNS records for the purpose of domain validation, so that CityBase can issue an SSL certificate for the sub domain. CityBase will handle generating and renewing the certificate
Website URL/Subdomain
pay.<yourdomain>.gov
To be determined during discovery
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 233 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 8 Payment Receipts
Receipt Type X E-mail
Users will receive a payment receipt for each payment processed. The contents of the receipts are outlined below:
● All receipts:
○ Client name
○ Client business address
○ Transaction date and time
○ Transaction number
○ Account number (masked)
○ Amount paid
○ Authorization number (for credit card payments only)
○ Client Customer support phone number
○ “Reply to” email address for client
○ Client logo and banner colors
■ Header Image
■ Header Color
■ Support Contact
■ Text in footer
Business Rules
There are business rules that can be established in the workflow. These are intended to control what actions end users are able to make in the workflow.

Maximum Payment Amount
The maximum amount that can be paid in one transaction. For example, a maximum of $500 dollars can be made in one transaction. If there is a per transaction limit, please provide it below. � N/A - There are no per transaction limits
Tender Type Per Transaction Limit
Maximum Amount $500,000 – Credit Cards and $1,000,000 for eChecks
Payment Types
� N/A - No changes to existing applications are included DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 234 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 9 Number of agencies 1
List of obligation types for each agency (water, business permit, parking ticket, etc.)
Permits
Number of CityBase Payment workflows required 0 (payments will be made via Standard Checkout)
Payment Processing
� N/A - Client is already setup for Payments and no changes are needed Tender Types Accepted (check all that apply) x Check (Personal and Business) x Visa / MasterCard / Discover
x American Express
American Express Onboarding � OptBlue
� Client American Express MIDs
x Other: Paymentus
Payment Processor (applies to Credit Card only) � CityBase via Fiserv � CityBase via Chase
x Other: _Paymentus__________
Check Payments � ACH via Chase
� CityBase will generate NACHA
x Other: __Paymentus___________
ACH Return Reporting in Revenue Management
Dashboard
x None
� Displayed via automated bank file
import
Bank Account deposits x Single bank account
� Multiple bank accounts
Fees shown to / paid by Payer - Credit Card � N / A
� Amount: ______ / txn
x Amount: _2.95%_____ %
� Fee is a separate transaction
Fees shown to / paid by Payer - Check x N / A
� Amount: ______ / txn
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 235 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 10 � Amount: ______ % ($__ minimum)
Reporting in Revenue Management Dashboard x Standard (see Appendix A) � Enhanced*
* May be subject to additional fees
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 236 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 11 Integrations
� N/A - No new or updated integrations are included with this project Number of source system integrations 1
For each source system integration, list the source
system name, lookup method, postback method
Source System:
__Opencounter___________
Lookup:
x None � API
� Flat file
� Other: ___________
Postback:
� None x API
� Flat file
� Other: ___________
Integration Complexity:*
x Low � High
Supported lookup methods* None (Standard Checkout)
Number of financial system integrations (if separate
from the source system)
0 *Complexity for integrations are outlined in Appendix D. If an integration is qualified as low complexity, but the assumptions do not hold true during the implementation, additional fees may be charged.

If there is a material change in the complexity of the integration, or if there are delays to discovery during the project, a minimum fee of $5,000 may be assessed by Vendor, in addition to Professional Services hours required to complete the application integration. Examples of material changes or delays include:
● Changes to the integration complexity, as defined by the assumptions below ● Changes to the integration documentation as outlined in the Statement of Work ● Failure to deliver integration documentation in a timely manner, as outlined in the Discovery phase in the project schedule
● Lack of access to or intermittent issues with the API test environments ● Inability to deliver sample files or API calls to support Vendor integration development in a timely manner, as outlined in the Discovery phase in the project schedule DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 237 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 12 Additional Functionality
Does this project include functionality beyond what
is outlined in Appendix A of this document?
� Yes (See Appendix B) x No
Training
Vendor’s standard training model is to train the trainers and/or advanced users within the Client organization in all aspects of the applications that are delivered. Training is provided in live training sessions (either in person or remotely), along with user guides and training videos that provide overviews of the product offerings. These guides serve as reference points for Client staff after go-live to specify product features and functionality. Updated guides are provided as new product offerings are made available on the Vendor platform.

Vendor’s Project Manager will determine at which point in the implementation the delivery of training is most appropriate. Vendor provides two one-hour training sessions, both on the same calendar day, to train Client staff. Having received the train-the-trainer training, the Client is responsible for training the Client staff.

Schedule
Project Kickoff and Discovery
Upon contract execution, Vendor will schedule a kickoff meeting. The purpose of the kickoff meeting is to introduce you to the Vendor implementation team that will manage your project and establish clear expectations, next steps and timelines for the project going forward. This kickoff meeting also represents day 1 of the project as indicated in the project plan.

Vendor expects the following attendees from your organization to join the kickoff meetings:
● Finance representatives - the individuals in your organization responsible for your bank accounts and reconciliation
● Technical representatives - the individuals in your organization who manage your source system and/or your billing system vendors
The most important aspect of the project kickoff is to begin the Discovery phase. During Discovery, Vendor expects you, the Client, to provide crucial information needed to implement your kiosks.

CityBase accounts for 2 weeks in our project timeline for you to complete the Discovery documents. If the items below are not completed within this window, your project will be delayed.

Samples of each document are included in the appendices. The documents that must be filled out will be provided to you upon contract signature.

DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 238 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 13 Your Project Manager, named above, will be responsible for collecting the requested information below. Coordination with your vendors or other internal stakeholders is the responsibility of your project manager.

Deliverable Description
Web Configuration
Worksheet
Specific requirements related to the web page branding, including but not limited to:
● Header logo
● Footer logo
● Favicon
The branding integration worksheet is shown in Appendix G.

Upon receipt of these deliverables, Vendor will review the information provided for accuracy and consistency.

Project Schedule
The project schedule is provided in Appendix E. Dates will be adjusted to reflect the actual SOW execution date at the time of contract signature. Any delays to the Discovery timeline that are caused by the client will impact the project schedule and may have a corresponding cost associated.

Schedule Dependencies � Technical systems changing or upgrading during project
� Project includes replacement of existing vendor
Contract expiration: _______
� Key business dates or dependencies
____Vendor is in the process of building a
PaymentUs integration. That integration will be
leveraged for this project.

DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 239 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 14 Signature Page
This Statement of Work has been approved by OpenCounter. This document accurately reflects the current understanding of the project scope.

The document is eligible for signature up to 30 days after receipt by the Client. After 30 days, the terms and conditions of this document will need to be revisited.

Following approval of this document, any requested changes or deviations from the scope outlined will be evaluated by Vendor and approved and/or implemented on a case by case basis.

OpenCounter Signature
Name
Title
Date
City of Santa Monica Signature
Name
Title
Date
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 240 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 15 Appendix A: Supported Functionality
Lookup Methods Lookups can be performed by any searchable field that is available via integration. Commonly used lookup methods include Account Number, Address, or Phone Number
Clients can choose to require an additional data point as secondary validation.

Lookup search results display data that is directly returned from the source system. The application will not manipulate this data.

Display Account Details Profile will display account details including account number, account balance, and line items totalling the total amount due. Displaying these account details requires that the source system returns the data in the lookup response.

Postback Methods Vendor can perform a real-time post back to the source system.

This is dependent on the source system having an endpoint available and accessible to Vendor.

Flat file reporting of
Transactions
Vendor can provide flat file transaction reports that align with the calendar day or batch cutoff time. Files will include all successful transactions for the reporting period.

Files can be comma or pipe delimited. Files can be posted to a Vendor or Client SFTP.

Receipts Email receipts are available. Customers will only receive one receipt per transaction. The visual layout of receipts cannot be modified.

Clients configuration options include branding for email receipts, showing/hiding specific fields and customizing specific text.

Reporting The following standardized reports are available and included at no cost:
● Revenue Collected
● Last Refresh
● Total Transactions
● Transaction Value and Volume
● Payment Totals and Sources
● All Payments
● Average Transaction Time in Seconds
● Incremental New Users
● Monthly Transactions by Tender
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 241 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 16 ● Transactions by Day of Week
● Transactions by Hour
● Chargeback Report - This report is only included if Vendor is the PayFac
● NACHA File Reconciliation Report
Additional reports may be configured and could have an additional cost associated.

Credit Card
Chargebacks
If Vendor is acting as the payment processor, chargeback information will be provided to the client through Revenue Management. Disputing chargebacks is the responsibility of the Client. Chargebacks can be disputed through our Acquiring partner, Fiserv.

If Vendor is not acting as the payment processor, chargebacks are reported on and managed through your processing partner.

Vendor is not involved in the chargeback process.

Recurring payments Vendor recurring payments allow users with profiles to use a stored payment method to automatically process their transactions against their accounts.

Once the payment is attempted, users are provided either a receipt if their payment is successful or an emailed notification if their payment failed.

Notifications (Profile) Users can take a number of actions on their profile. To keep customers up to date on their activity, Vendor sends notifications out to the user for their activity. These notifications include:
● Registration (verify your email address)
● Welcome (your email has been verified)
● Reset password
● Payment receipt
● Autopayment failure
● Card attached to an autopay is about to expire
● Autopay has been turned on
● Autopay has been turned off
● Your password has been changed
● Upcoming autopayment reminder
Note: These notifications are all required when using the Vendor profile offering.

DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 242 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 17 Appendix B: Additional Functionality
None.

DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 243 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 18 Appendix C: Integration Assumptions
Below is our framework for estimating development and integration work for the Vendor Platform.

Low-Complexity Integrations Assumptions
● Vendor or client provides integration documentation for the system. Client is responsible for coordinating with the CIS vendor to provide technical specifications for all integration components.
● Sample API calls are provided in an industry standard and acceptable format such as:
○ SOAP API: SOAP UI
○ REST API: Postman
● Lookups and postbacks use:
○ A REST API
■ Sample API calls provided
○ A SOAP API
■ Sample API calls provided
○ A flat file lookup
■ Sample file provided
● No custom business logic is required. The results are displayed as returned from the source system.
○ For example, Vendor receives the amount due for the obligation from the underlying system. No calculation is required to determine the amount paid. ● Source system is Live and unchanging during implementation ● Vendor has access to a test environment for integration development that has all of the same capabilities as production
High-Complexity Integrations Assumptions
● Documentation provided by the County or its vendors is non-standard / is created specifically for this project
● Lookups and postbacks use:
○ DataBase Table query or view
● Vendor must do a translation or transformation of the results ● Source system is not yet live or undergoing an update during Vendor implementation ● There is no test environment available, or the test environment contains a subset of the functionality available in production
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 244 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 19 Appendix D: Source System Integration
CityBase will be integrating with Opencounter using a combination of Standard Checkout and the CityBase Payment Response Webhook.

This integration will allow CityBase to process payments and report payment activity back to Opencounter.

The following pages contain the specifications for both integrations.

DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

4.H.g
Packet Pg. 245 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 20 Appendix E: Project Schedule
The table below describes the timeline for your project. Once we have reached a signed agreement with you, we will schedule our resources per this timeline and apply them to a Project Schedule and Gantt Chart. That schedule will be reviewed with you in the Project Kickoff meeting. We have also attached a Work Breakdown Structure to specify the tasks associated with each phase of your project.

Phase Duration Description
Kickoff Within 2 weeks Upon execution, we will work with your team to schedule a project kickoff meeting.

Discovery:

Client
Deliverables
submitted
2 Weeks As mentioned above, the first part of Discovery requires a list of deliverables from the client where we finalize the requirements for your solution and gather the remaining information we need. Our schedule assumes that this
information is provided within 2 weeks of the Project
Kickoff.

Discovery:

Approve
Deliverables
2 Weeks Upon receiving Client Deliverables, Vendor will review those deliverables and work with you to resolve any issues or open items.

Waiting for
Build
Variable We will not start to build your solution until Discovery is complete. Since we have many projects happening in
parallel we cannot always guarantee that the build will start immediately following the completion of Discovery.

Once you sign an agreement, your spot in the build
schedule will be reserved and will be dependent on
Discovery completing within the 4 week timeline described above. Your Project Manager will work with you to ensure you remain on target for these timelines.

Build / Test 2 weeks Once we have started the Build process, we estimate 5 weeks to build and test your solution before making it
available in a test environment
Go Live Go Live will happen upon the completion of successful UAT.

Total to GoLive10 weeks
Project
Closeout
2 weeks Following a successful Go-Live, we will close out the project and transition you to our Customer Support and
Engagement Teams.

DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

4.H.g
Packet Pg. 246 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 21 Appendix F: Source System Integration Worksheet
This page is intentionally left blank
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 247 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 22 Appendix G: Web Configuration Worksheet
This page is intentionally left blank
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 248 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 1 Exhibit B-3
Budget
OpenCounter will provide the Additional Services Three to implement and complete the Online Payments - Paymentus Integration project described in Exhibit A3 for no additional fee. The total compensation paid to OpenCounter under the Agreement and this Third Modification shall not exceed $230,100.

DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

4.H.g
Packet Pg. 249 Attachment: OpenCounter Ct. 4384 Third Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 1 FOURTH MODIFICATION OF AGREEMENT NO. 4384
This FOURTH MODIFICATION of Agreement Number 4384 (“Fourth Modification”), entered into as of _________________, by and between the City of Santa Monica, a municipal corporation (“City”), and Open Counter Enterprises, Inc. (“OpenCounter”) is made with reference to the following:

C. On or about June 30, 2021, City and OpenCounter executed a Second Modification of the Original Agreement (“Second Modification”), which increased the contract price to pay for an additional module (“Additional Services Two”) and extend the term applicable to the Special Events Portal through September 12, 2022.

D. On or about September 20, 2021, City and OpenCounter executed a Third Modification of the Original Agreement (“Third Modification”), which required OpenCounter to expand its scope for an OpenCounter Online Payments- Paymentus Integration project (“Additional Services Three”) at no additional cost to the City. The Original Agreement, as modified by the First Modification, the Second Modification, and the Third Modification is referred to as the Agreement.

E. City and OpenCounter now desire to modify the Agreement to reflect that OpenCounter will provide three additional years of access and support to the Special Events Portal through September 12, 2025. The City also desires to compensate OpenCounter for Services previously provided after the Third Modification (the “Previously Provided Services”).

TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:

1. Section 2 of the Agreement entitled “OpenCounter Services” shall be modified by adding the following paragraph:

Previously Provided Services. The City agrees to compensate OpenCounter for the Previously Provided Services described in Exhibit A-4, Previously Provided Services, in the amount set forth in Exhibit B-4 Revised Budget. OpenCounter agrees that all outstanding fees for services previously provided to the City are reflected in ExDocuSign Envelope ID: 2935D3BA-6005-4FAF-8567-E8FDE671E0D5 9/16/2022

4.H.h
Packet Pg. 250 Attachment: OpenCounter Ct. 4384 Fourth Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 2 hibit A-4. OpenCounter understands and agrees that amount set forth in Exhibit B-4 is the entire compensation owed to OpenCounter for the Previously Provided Services and that OpenCounter will not be entitled to any further compensation relating to the Previously Provided Services, or any work completed prior to this Fourth Modification, other than as reflected in Exhibit B-4.

2. Section 18 of the Agreement entitled “Term and Termination; Rights Upon Termination shall be deleted in its entirety and replaced with the following paragraph:

Term. The Term of this Agreement begins on the Execution Date and terminates on September 12, 2025, unless terminated earlier as set forth in the Agreement or extended by the parties in writing.

3. Exhibit A-4, Previously Provided Services, and Exhibit B-4 – Revised Budget are attached hereto and incorporated both herein and into the Agreement by reference. Accordingly, Section 23 of the Agreement entitled “Exhibits” shall be modified to read as follows:

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

Exhibit A Proposal of OpenCounter
Exhibit A-1 Additional Services
Exhibit A-2 Additional Services Two
Exhibit A-3 Additional Services Three
Exhibit A-4 Previously Provided Services
Exhibit B License Fees and Support Services Fees
Exhibit B-2 Budget
Exhibit B-3 Revised Budget
Exhibit B-4 Revised Budget
Exhibit C Vendor’s Support Policy as of the Effective Date Exhibit D Insurance Requirements

4. Exhibit B-3 Budget is replaced by Exhibit B-4 Revised Budget to reflect the inclusion of the Previously Provided Services. All references to Exhibit B-3 shall refer to Exhibit B-4.

5. Execution in Counterparts. This Fourth 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 Fourth 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).

DocuSign Envelope ID: 2935D3BA-6005-4FAF-8567-E8FDE671E0D5

4.H.h
Packet Pg. 251 Attachment: OpenCounter Ct. 4384 Fourth Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 3 6. Except as expressly modified by this Fourth Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this FOURTH MODIFICATION as of the date and year first written above.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________

DOUGLAS SLOAN
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

DAVID WHITE
City Manager
By: _______________________________
DocuSign Envelope ID: 2935D3BA-6005-4FAF-8567-E8FDE671E0D5 9/12/2022
City Attorney

DOUGLAS SLOAN
9/13/2022
Joel Mahoney
CEO
Open Counter Enterprises Inc.
9/16/2022
David White
City Clerk City Manager
Denise Anderson-Warren
9/19/2022

4.H.h
Packet Pg. 252 Attachment: OpenCounter Ct. 4384 Fourth Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 4 Exhibit A-4
Previously Provided Services
City agrees to pay OpenCounter $100,481 in total satisfaction for all previously provided services through September 12, 2022, including, but not limited to:

1. Annual Subscription Cost Zoning Portal

2. Annual Subscription Permits for Public Works/Mobility

3. Paymentus Integration

4. Special Events Portal
DocuSign Envelope ID: 2935D3BA-6005-4FAF-8567-E8FDE671E0D5

4.H.h
Packet Pg. 253 Attachment: OpenCounter Ct. 4384 Fourth Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) 5 Exhibit B-4
Revised Budget
The compensation paid to OpenCounter for all work provided pursuant to the Fourth Modification, including support for the Special Events portal (including up $127,800, based on $42,600 annually for 3 years) and the Previously Provided Services ($100,481) as described in Exhibit A-4 shall not exceed $228,281. The total compensation paid to OpenCounter under the Agreement and this Fourth Modification shall not exceed $458,381.

DocuSign Envelope ID: 2935D3BA-6005-4FAF-8567-E8FDE671E0D5

4.H.h
Packet Pg. 254 Attachment: OpenCounter Ct. 4384 Fourth Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) Certificate Of Completion
Envelope Id: 2935D3BA60054FAF8567E8FDE671E0D5 Status: Completed Subject: Please DocuSign: Open Counter Mod 4
Source Envelope:

Document Pages: 5 Signatures: 4 Envelope Originator:

Certificate Pages: 6 Initials: 0 Alfredo Gonzalez
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 38.95.224.253
Record Tracking
Status: Original
9/12/2022 1:48:39 PM
Holder: Alfredo Gonzalez
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Santa Monica Location: DocuSign Signer Events Signature Timestamp
Ben Delfin
[email protected]
Deputy City Attorney
Santa Monica City Attorney's Office
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 38.95.224.253
Sent: 9/12/2022 2:37:04 PM
Viewed: 9/12/2022 3:46:30 PM
Signed: 9/12/2022 3:47:53 PM
Electronic Record and Signature Disclosure:

Accepted: 5/1/2019 5:16:50 PM
ID: 1c7cae12-3311-4ecf-8d78-c21e8e0d6379

DOUGLAS SLOAN
[email protected]
City Attorney
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 38.95.224.253
Sent: 9/12/2022 3:47:56 PM
Viewed: 9/12/2022 4:38:29 PM
Signed: 9/12/2022 4:39:10 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Joel Mahoney
[email protected]
CEO
Open Counter Enterprises Inc.

Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 174.196.204.150
Signed using mobile
Sent: 9/12/2022 4:39:14 PM
Viewed: 9/12/2022 6:09:04 PM
Signed: 9/13/2022 2:38:32 PM
Electronic Record and Signature Disclosure:

Accepted: 9/12/2022 6:09:04 PM
ID: 080b6a34-c2be-4f5b-8f57-29eeab87f9de
Sandra Santiago
[email protected]
Executive Administrator to the City Manager
City of Santa Monica
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 38.95.224.253
Sent: 9/13/2022 2:38:35 PM
Viewed: 9/15/2022 11:20:49 AM
Signed: 9/15/2022 11:20:56 AM
Electronic Record and Signature Disclosure:

Accepted: 9/30/2021 8:07:10 AM
ID: 68baa7e8-f461-49b8-8355-b303ce170e27

4.H.h
Packet Pg. 255 Attachment: OpenCounter Ct. 4384 Fourth Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) Signer Events Signature Timestamp
David White
[email protected]
City Manager
City of Santa Monica
Security Level: Email, Account Authentication
(None), Login with SSO
Signature Adoption: Pre-selected Style
Using IP Address: 38.95.224.253
Sent: 9/15/2022 11:20:59 AM
Viewed: 9/16/2022 5:02:28 PM
Signed: 9/16/2022 5:02:33 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Vernice Hankins
[email protected]
City of Santa Monica
Signing Group: City Clerk Reviewers
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 38.95.224.253
Sent: 9/16/2022 5:02:36 PM
Viewed: 9/18/2022 11:28:58 PM
Signed: 9/19/2022 8:33:59 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Denise Anderson-Warren
[email protected]
City Clerk
City of Santa Monica
Signing Group: City Clerk Signers
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 174.193.196.166
Signed using mobile
Sent: 9/19/2022 8:34:04 AM
Viewed: 9/19/2022 8:35:03 AM
Signed: 9/19/2022 8:35:15 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Araceli Esparza
[email protected]
Procurement Manager
Carahsoft OBO City of Santa Monica
Security Level: Email, Account Authentication
(None)
Sent: 9/19/2022 8:35:18 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Michael Spenelli
[email protected]
City of Santa Monica
Security Level: Email, Account Authentication
(None)
Sent: 9/19/2022 8:35:20 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign

4.H.h
Packet Pg. 256 Attachment: OpenCounter Ct. 4384 Fourth Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) Carbon Copy Events Status Timestamp
Oscar Santiago
[email protected]
Budget Manager
City of Santa Monica
Security Level: Email, Account Authentication
(None)
Sent: 9/19/2022 8:35:22 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Joel Mahoney
[email protected]
CEO
Open Counter Enterprises Inc.

Security Level: Email, Account Authentication
(None)
Sent: 9/19/2022 8:35:25 AM
Electronic Record and Signature Disclosure:

Accepted: 9/12/2022 6:09:04 PM
ID: 080b6a34-c2be-4f5b-8f57-29eeab87f9de
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 9/12/2022 2:37:04 PM
Certified Delivered Security Checked 9/19/2022 8:35:03 AM Signing Complete Security Checked 9/19/2022 8:35:15 AM
Completed Security Checked 9/19/2022 8:35:25 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

4.H.h
Packet Pg. 257 Attachment: OpenCounter Ct. 4384 Fourth Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing)

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Carahsoft OBO City of Santa Monica (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 12/13/2018 12:34:51 PM Parties agreed to: Ben Delfin, Joel Mahoney, Sandra Santiago, Joel Mahoney 4.H.h Packet Pg. 258 Attachment: OpenCounter Ct. 4384 Fourth Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

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4.H.h
Packet Pg. 259 Attachment: OpenCounter Ct. 4384 Fourth Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

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4.H.h
Packet Pg. 260 Attachment: OpenCounter Ct. 4384 Fourth Modification (7197 : Fifth Modification of Agreement with Accela for OpenCounter Licensing) City Council
Report
City Council Meeting: August 12, 2025
Agenda Item: 4.I
1 of 5
To: Mayor and City Council
From: Matthew Hallock, Fire Chief, Fire Department
Subject: Adoption of a Resolution authorizing portal-to-portal pay for City personnel providing local government Fire assistance (mutual aid response) to the State of California and Federal Fire Agencies
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

Summary
The City of Santa Monica is a mutual aid provider through the California Fire Service and Rescue Emergency Mutual Aid System. As such, the City receives requests to dispatch personnel and emergency apparatus under the terms of the California Fire Assistance Agreement (CFAA) in response to local, state, or federal emergencies throughout California and the country. The CFAA includes a compensation structure to reimburse responding mutual aid providers. In 2015, the Governor’s Office of Emergency Services (Cal OES) required all state fire agencies to submit a Governing Body resolution (City Council resolution) to indicate that each department compensates employees for all hours worked from the time of response initiation to the return to home base including travel time – known as “portal to portal”. Because the current resolution is a decade old and only identifies sworn fire response personnel, staff recommends Council adopt the attached resolution which is updated to include the portal-to-portal

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compensation practice for non-sworn/civilian personnel. This will memorialize what is already in practice, and ensures that the City is fully reimbursed when both sworn and non-sworn/civilian personnel respond to mutual aid requests.

Discussion
The California Incident Command Certification System (CICCS) incident qualifications guide was created by the state in 1998 to develop a certification system that would enhance the state’s ability to field adequately trained and qualified personnel resources for service throughout the emergency response system. Qualification is based upon completion of required training and successful position performance demonstrated by completing the application position task book on all-hazard incidents, events, job activities, simulations, exercises, and/or classroom activities. This single statewide system ensures a minimum standard for all personnel deployed to all hazard incidents outside of their home department/agency area of responsibility or jurisdiction.

In recent years, non-suppression civilian Fire personnel have been serving in Incident Command System (ICS) response capabilities. They are in the process of receiving, or have already received, certification in CICCS. Those certified have been deployed within the state and around the country and serve as support staff on Incident Management Teams. These individuals operate on a broad spectrum of services consistent with Fire’s all-hazard mission. Deployments can include assignments in Command, Planning, Logistics, Operations, or Finance/Administration sections of the Incident Management Team. Assignments are based on personnel meeting both SMFD and state-required certifications.

The mutual aid system is voluntary and provides opportunities for civilian staff to be qualified in ICS positions, which also ensures qualified personnel are available in the event the City’s Emergency Operations Center is activated. Several of SMFD’s civilian employees staffed critical positions in the Emergency Operations Center during COVID19, 2020 Civil Unrest, and the 2025 Palisades Fire activations.

The City currently compensates employees who are members of the Santa Monica Fire Executive Management Association (FEMA) and of the Santa Monica Firefighters Local 1109 IAFF (1109), that respond to mutual aid requests on a portal-to-portal basis, from the time of response initiation to the return to home base. These employees include the

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CFAA classifications of suppression/safety (firefighters and paramedics) and nonsuppression sworn overhead personnel (Fire Chief and Deputy Fire Chief). In addition, the City receives reimbursement for the use of dispatched emergency apparatus and an administrative rate to cover other indirect/direct costs. Annual surveys are submitted to Cal OES to ensure the City is fully reimbursed based on the most current employee salaries.

Sworn members of 1109 and FEMA are compensated at their straight time rate for their normally scheduled work shift. If an employee who works in Suppression and Rescue is on a mutual aid assignment, their backfill at the station (the person covering the employee’s normal shift) is paid overtime while the employee is paid their regular rate of pay. The City is reimbursed for the backfill position at the overtime rate. During the employee’s non-scheduled shift, they are compensated at their overtime rate and the City is reimbursed at that overtime rate. Non-Suppression and Rescue sworn members are compensated and reimbursed for their normal 40-hour work week at straight time and any additional hours are compensated and reimbursed at their overtime rate. FEMA members are compensated for their normal 40-hour work week at straight time and any additional hours over their 40-hour work week are compensated and reimbursed at their overtime rate. This portal-to-portal compensation structure was memorialized by the City Council on July 28, 2015 with the adoption of Resolution 10900.

Non-suppression Fire personnel all work a 40-hour work week. During their deployment time they would be compensated and reimbursed for their normal 40-hour work week at straight time. The City’s current labor agreement with Municipal Employees Association (MEA) and the labor agreement with Administrative Team Associates (ATA) allow for portal-to-portal compensation and reimbursement for hours worked over the 40-hour work week at the overtime rate. All non-suppression Fire personnel are also eligible for their vehicle reimbursement, travel costs, the administrative rate for indirect/direct costs, and Medicare, Unemployment, and Workers’ Compensation benefit costs.

Reimbursement is based on a City Council resolution indicating that it is the agency’s practice to compensate employees for all hours worked. While the City is already reimbursed portal-to-portal for non-sworn/civilian employees, staff proposes memorializing this practice with the updated resolution.

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Environmental Review
The resolution memorializing the compensation practices under the California Fire Assistance Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines.

The resolution allows the City to receive reimbursement for non-sworn portal-to-portal costs while they are providing support services during mutual aid assignments. There is no environmental impact and it can be seen with certainty that the resolution allowing for full reimbursement is exempt from CEQA.

Past Council Actions
Meeting Date Description
07/28/2015 Resolution authorizing Fire Department personnel to be compensated portal-to-portal for providing local government Fire assistance to the State of California and Federal Fire Agencies
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future. The recommended action memorializes the current practice, ensuring that the City is fully reimbursed when both sworn and non-sworn personnel are deployed on a mutual aid response.

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Prepared By: Jonathan Tang, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. 2025 CalOES Portal to Portal Resolution
B. July 28, 2015 Portal to Portal Staff Report
C. July 28, 2015 CCS 10900 Resolution

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1 City Council Meeting: August 12, 2025 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

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

AUTHORIZING OVERTIME AND PORTAL-TO-PORTAL PAY FOR CITY EMPLOYEES

RESPONDING AWAY FROM THEIR OFFICIAL DUTY STATION WHILE ASSIGNED

TO MUTUAL AID EMERGENCY INCIDENTS
WHEREAS, the City of Santa Monica (the “City”) is a public agency located in the County of Los Angeles, State of California; and
WHEREAS, it is the City’s desire to provide fair and legally required compensation to all of its employees for time worked; and
WHEREAS, the City employs sworn, non-sworn, and non-suppression personnel from the Santa Monica Fire Department (“SMFD”) and from other City departments, that are qualified to respond to a mutual aid emergency incident; and WHEREAS, the City is contractually obligated to compensate sworn, non-sworn, and non-suppression personnel portal-to-portal, including any applicable overtime rates, in accordance with associated Memoranda of Understanding (“MOUs”), while in the course of employment and away from their official duty station and assigned to a mutual aid emergency incident; or in support of a mutual aid emergency incident; or prepositioned for a mutual aid emergency response; and WHEREAS, on July 28, 2015, the City Council adopted Resolution 10900 to authorize overtime and portal-to-portal pay for SMFD’s sworn personnel; and

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

4.I.a
Packet Pg. 266 Attachment: 2025 CalOES Portal to Portal Resolution [Revision 2] (7210 : CalOES Portal to Portal Reimbursement) 2 SECTION 1. Sworn, Non-Sworn, Non-Suppression personnel shall be compensated portal-to-portal and at applicable overtime rates in accordance with their associated MOUs, including any side letter agreements approved in connection therewith, while in the course of their employment and away from their official duty station and assigned to a mutual aid emergency incident, in support of a mutual aid emergency incident, or pre-positioned for a mutual aid emergency response, beginning at the time of initial dispatch until the time of return to their official duty station, when equipment and personnel are in service and available for agency response.

SECTION 2. The Santa Monica Fire Department will maintain a current salary survey or acknowledgement of acceptance of the “base rate” on file with the California Governor’s Office of Emergency Services, Fire Rescue Division.

SECTION 3.The City Clerk shall certify to the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

4.I.a
Packet Pg. 267 Attachment: 2025 CalOES Portal to Portal Resolution [Revision 2] (7210 : CalOES Portal to Portal Reimbursement) City Council Report
e ®rH nr uaca,
City Council Regular Meeting: July 28, 2015
Agenda Item:,I -U
To: Mayor and City Council
From: Dennis Downs, Interim Fire Chief, Fire Department Subject: Resolution authorizing Fire Department personnel to be compensated portal - to- portal for providing local government Fire assistance to the State of California and Federal Fire Agencies.

Recommended Action
Staff recommends that City Council adopt the attached resolution identifying the terms and conditions for the Fire Department' s mutual aid responses when staff is away from their official duty station and assigned to an emergency incident requested through the state' s mutual aid system.

Executive Summary
The City of Santa Monica ( City), as a Mutual Aid provider through the California Fire Service and Rescue Emergency Mutual Aid System, receives requests to dispatch personnel and emergency apparatus under the terms of the California Fire Assistance Agreement ( CFAA) to local, state, or federal emergencies throughout California and the country. This resolution seeks to memorialize the compensation practices of the City to ensure full cost reimbursement under the CFAA Agreement.

Background
Per 2015 State of California, Governor's Office of Emergency Services ( Cal OES) requirements, all California fire agencies are required to submit a Memorandum of Understanding ( MOU) or Governing Body Resolution, which notes that each respective department compensates employees for all hours worked from the time of response initiation to the return to home base including travel time. This is known in the industry as compensating the employee from " portal -to- portal ". Personnel are to be compensated according to the MOU, Personnel Rules and Regulations, and /or other personnel compensation policies of their workplace. Salaried or exempt employees require verification through a MOU or similar document that denotes these positions are 1no >P

4.I.b
Packet Pg. 268 Attachment: July 28, 2015 Portal to Portal Staff Report (7210 : CalOES Portal to Portal Reimbursement) also subject to compensation beyond straight time. If the agency has an enabling document, such as a MOU between labor and management which shows employees are paid portal -to- portal, a copy of that document must be on file with Cal OES to ensure payments are reimbursed.

As a Mutual Aid provider through the California Fire Service and Rescue Emergency Mutual Aid System, the City of Santa Monica may be called upon to dispatch personnel and /or emergency apparatus to incidents throughout California and the country in the event of a local, state, or federal emergency. Once dispatched, the terms of mutual aid reimbursement are governed by a negotiated reimbursement mechanism called the California Fire Assistance Agreement. The California Fire Assistance Agreement is agreed upon by and between Cal OES, the State of California, Department of Forestry and Fire Protection ( CAL FIRE), Federal Fire Agencies, and local agencies.

Discussion
The City has historically compensated employees that respond to Mutual Aid requests on a portal -to- portal basis, defined as the time of response initiation to the return to home base. These employees include the CFAA classifications of suppression / safety firefighters and paramedics) and non - suppression (administration and overhead) personnel. In addition to personnel, the City has historically received reimbursement for dispatched emergency apparatus on a portal -to- portal basis.

Partner agencies have recently completed a five -year review of the CFAA and executed a revised agreement effective January 1, 2015 through December 31, 2019. One of the negotiated changes is how the reimbursement for personnel and emergency apparatus is calculated.

Under the previous agreement for mutual aid responses, reimbursement for personnel and emergency apparatus response that exceeded 12 hours was calculated based on the entire time of commitment, beginning at the time of initial dispatch from home base 2 of 4

4.I.b
Packet Pg. 269 Attachment: July 28, 2015 Portal to Portal Staff Report (7210 : CalOES Portal to Portal Reimbursement) to the time of return to home base. Under the revised agreement, the reimbursement would be based on actual time worked at the incident unless the responding agency files a MOU or governing board resolution indicating that it is the agency' s practice to compensate employees for all hours worked. As the City responds to one to seven mutual aid incidents annually, the proposed change would significantly impact reimbursement.

To avoid a reduction in the reimbursement rate, the City must memorialize the historic practice of compensating fire response personnel on a portal -to- portal basis for mutual aid emergency response to incidents. Staff proposes memorializing the practice through the attached resolution. In addition, because this practice is not expressly addressed in the current MOU, a side letter agreement will be entered into with the appropriate bargaining units to reflect this longstanding practice. Upon adoption, the resolution, along with the applicable MOUs and side letter agreements, will be officially filed with Cal OES Fire and Rescue Division to cover any future incident responses. Without an approved resolution, incident responses would continue to be paid by the City portal -toportal, but the City would not be reimbursed the full amount from Cal OES. The resolution ensures that the City will be reimbursed on a portal -to- portal basis, thus the full amount of mutual aid service through Cal OES. Each annual reimbursement will vary based on actual hours of mutual aid deployment; current year -to -date reimbursement from recent deployments is approximately $ 100,000.

The attached resolution fulfills Cal OES requirements to receive allowable reimbursements by the State for City expenses related to mutual aid emergency assignments. Without the approved resolution, the City will no longer be reimbursed for the full costs of providing these services nor fully receive the allowable amounts reimbursable by Cal OES.
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4.I.b
Packet Pg. 270 Attachment: July 28, 2015 Portal to Portal Staff Report (7210 : CalOES Portal to Portal Reimbursement) Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.

Prepared By: Terese Toomey, Principal Administrative Analyst Approved Forwarded to Council
Dennis J. Ans, Interim Fire C117411612015 Elaine M Polachek, Asst. City Malt OM15 Attachments:

A. CFAA Resolution - Portal to Portal - 07 28 15 ( DOCX) Ell ne i .

4.I.b
Packet Pg. 271 Attachment: July 28, 2015 Portal to Portal Staff Report (7210 : CalOES Portal to Portal Reimbursement) Reference:

Resolution No. 10900
CCS)

4.I.b
Packet Pg. 272 Attachment: July 28, 2015 Portal to Portal Staff Report (7210 : CalOES Portal to Portal Reimbursement) City Council Meeting: July 28, 2015 Santa Monica, California

RESOLUTION NUMBER WWO ( CCS)
City Council Series)

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

AUTHORIZING OVERTIME AND PORTAL -TO- PORTAL PAY FOR FIRE

DEPARTMENT EMPLOYEES RESPONDING AWAY FROM THEIR OFFICIAL DUTY

STATION WHILE ASSIGNED TO MUTUAL AID EMERGENCY INCIDENTS WHEREAS, the City of Santa Monica ( the " City ") is a public agency located in the County of Los Angeles, State of California; and
WHEREAS, it is the City' s desire to provide fair compensation to all of its employees for time worked; and
WHEREAS, the Santa Monica Fire Department ( "SMFD "), a department of the City, employs fire response personnel with the following classifications: Fire Chief, Deputy Chief, Assistant Chief, Division Chief, Battalion Chief, Fire Captain, Engineer, Firefighter /Paramedic, Firefighter /EMT, and Firefighter ( collectively, " Fire Response Personnel "); and
WHEREAS, the City has historically compensated its Fire Response Personnel portal -to- portal, including any applicable overtime rates, in accordance with associated Memoranda of Understanding ( " MOUs "), while in the course of their employment and away from their official duty station and assigned to a mutual aid emergency incident, in 1 4.I.c
Packet Pg. 273 Attachment: July 28, 2015 CCS 10900 Resolution (7210 : CalOES Portal to Portal Reimbursement) support of a mutual aid emergency incident, or pre - positioned for a mutual aid emergency response; and
WHEREAS, the City desires to memorialize this practice.

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

SECTION 1. Fire Response Personnel will be compensated portal -to- portal and at any applicable overtime rates in accordance with their associated MOUs, including any side letter agreements approved in connection therewith, while in the course of their employment and away from their official duty station and assigned to a mutual aid emergency incident, in support of a mutual aid emergency incident, or pre - positioned for a mutual aid emergency response, beginning at the time of initial dispatch until the time of return to their official duty station, when equipment and personnel are in service and available for agency response.

SECTION 2. The City Clerk shall certify to the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
4 4.I.c
Packet Pg. 274 Attachment: July 28, 2015 CCS 10900 Resolution (7210 : CalOES Portal to Portal Reimbursement) Adopted and approved this 28th day of July, 2015.

Kevin McKeown, Mayor
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10900 ( CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 281h day of June, 2015, by the following vote:

AYES: Councilmembers: Davis, Himmelrich, Winterer, O' Connor Mayor McKeown, Mayor Pro Tern Vazquez
NOES: Councilmember: None
ABSENT: Councilmember: O' Day
ATTEST:

Sarah P. GormaCt Clerk

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Packet Pg. 275 Attachment: July 28, 2015 CCS 10900 Resolution (7210 : CalOES Portal to Portal Reimbursement) City Council
Report
City Council Meeting: August 12, 2025
Agenda Item: 4.J
1 of 4
To: Mayor and City Council
From: Oliver Chi, City Manager, City Manager's Office
Jenny Rogers, Recreation and Arts Director, Recreation and Arts Department Subject: Approval of an Exclusive Negotiating Agreement with Los Angeles River Revitalization Corporation dba River LA to Negotiate Terms of a Potential License Agreement for a Pop-Up, Interactive Museum on Santa Monica State Beach in 2028
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemptions pursuant to Section 15262 and Section 15323 of the California Environmental Quality Act (CEQA) Guidelines; and

Summary
In advance of the 2028 Summer Olympic Games, staff recommends entering into an Exclusive Negotiating Agreement (ENA) with the Los Angeles River Revitalization Corporation (River LA) to evaluate the feasibility of licensing approximately 276,000 square feet of Santa Monica State Beach south of the Pier for an immersive, interactive museum of history and culture, named The LA Experience. The LA Experience pop-up would offer a dynamic and engaging way for both residents and visitors to discover the rich history and culture of the Los Angeles region – creating a unique attraction that draws people to Santa Monica’s celebrated beachfront during the Olympic Games. This visibility could enhance the City’s profile, support tourism activity, and generate meaningful economic opportunities for local businesses. If an agreement is reached,

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staff would negotiate provisions requiring event staff and crew to stay in Santa Monica hotels and prioritize the use of local restaurants, retail businesses, and services, ensuring that a significant share of the economic benefit remains within our community.

Discussion
The City received a proposal from River LA to temporarily license a portion of Santa Monica State Beach south of the Pier for a 30,000 – 40,000 square foot pop-up experience titled The LA Experience. The pop-up is envisioned as a world-class immersive cultural attraction that combines storytelling, interactive exhibits, and digital innovation to highlight Southern California’s history, music, and sports legacy.

Preliminarily, the experience is expected to feature three thematic zones: City of Dreams (Los Angeles history and cinema), The SoCal Sound (the region’s musical influence), and Sports Town Extraordinaire (LA’s Olympic and sports legacy). Additional features include interactive digital installations, AI-enabled athlete simulations, customizable merchandise, multilingual access, and proprietary photo and video opportunities that encourage social sharing. In addition to the immersive exhibitions, the proposed LA Experience would feature a performance stage for live programming and public events.

Staff reviewed River LA’s proposal and found that the potential cultural, economic, and tourism benefits merit further exploration. River LA has a strong team with an ability to deliver this high-profile cultural project and is prepared to fund it without City subsidies.

Under the ENA, River LA would deposit $20,000 to cover the City’s costs associated with negotiations and due diligence, and would be prepared to deposit additional funds should it be required to cover the City’s costs. The ENA (Attachment A) grants River LA exclusive negotiation rights for 180 days, with two optional 90-day extensions upon mutual agreement.

While negotiating terms, the City would seek provisions in the future license agreement that ensure local economic benefit, including hotel accommodations for event staff and crew in Santa Monica, and prioritized engagement with local restaurants, caterers, and

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vendors. Final terms of any license agreement – including rent, design, and community benefits – would return to Council for approval.

Environmental Review
The ENA to evaluate the feasibility of the LA Experience is categorically exempt from CEQA pursuant to Section 15262 Feasibility and Planning Studies) of the CEQA Guidelines. Section 15262 exempts projects involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded. The ENA is considered a preliminary activity that does not commit the agency to a specific course of action resulting in environmental impact.

Furthermore, any future commitment for the LA experience to temporarily occur on Santa Monica State Beach would be categorically exempt from CEQA pursuant to Section 15323 which exempts the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. Santa Monica State Beach has a history of being used for special and temporary events, and therefore, would be categorically exempt.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action required as a result of the recommended action. River LA would provide an initial $20,000 deposit to cover the City’s costs associated with evaluating the proposal and negotiating the license agreement, and potentially deposit additional funds should it be required to cover the City’s costs. Staff would return to Council with any recommended budget actions if a license agreement is proposed.

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Prepared By: Melissa Spagnuolo, Community Partnerships Manager Approved Forwarded to Council
Attachments:

A. Exclusive Negotiation Agreement (DRAFT)

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EXCLUSIVE NEGOTIATION AGREEMENT
by and between

THE CITY OF SANTA MONICA
and

LOS ANGELES RIVER REVITALIZATION CORPORATION

DBA RIVER LA

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Packet Pg. 280 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 : ENA for The LA Experience)

EXCLUSIVE NEGOTIATION AGREEMENT
THIS EXCLUSIVE NEGOTIATION AGREEMENT (“Agreement”) is entered into this _______ day of ________ (“Effective Date”) by and between the CITY OF SANTA MONICA, a municipal corporation organized and existing pursuant to the laws of the State of California and the Charter of the City of Santa Monica (“City”), and Los Angeles River Revitalization Corporation dba River LA (“River LA”), on the terms and provisions set forth below. River LA will be referenced herein as the “Proposer” City and River LA may be referenced individually as “Party” and collectively as the “Parties”.

RECITALS
A. The City is the owner of certain real property located within the City of Santa Monica, California (the “Site”). The Site measures approximately 276,000 square feet. A Site Map is attached as Exhibit A.

B. The Site contains portions of Santa Monica State Beach, immediately south of the Santa Monica Pier.

C. On April 3, 2025, River LA submitted a proposal (“Proposal”), which is attached hereto as Exhibit B, to license the Site for a proposed project (“Project”), that would include the construction of one (1) temporary structure to be utilized for activities related to a pop-up immersive history and culture museum that would coincide with the 2028 Summer Olympic Games. By its own terms, the Proposal does not include any economic or financials terms to license the Site. Therefore, nothing herein shall be interpreted as City’s acceptance of the Proposal.

D. On __________, the Santa Monica City Council (“Council”) authorized the City Manager to execute this Agreement for the purpose of (i) analyzing the potential license of the Site for the Project and (ii) informing the negotiations of the potential terms and conditions of a license agreement.

E. Now, therefore, in consideration of the foregoing Recitals, which are hereby deemed a contractual part hereof, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. Exclusive Negotiation Agreement: Good Faith Negotiations A. Exclusive Negotiation. During the Term (defined in Section 2.A), so long as Proposer is negotiating in good faith and is not otherwise in default of its obligations under this Agreement, the City will not solicit offers or proposals from other parties concerning potential licensing of the Site for the time period of May 2028 through September 2028. The Parties will negotiate exclusively and in good faith in accordance with this Agreement regarding the final terms of the License Agreement. Notwithstanding the foregoing, the City may, from time to time, be contacted by other Proposers regarding the Site, and such contact is expressly permitted so long as the City does not initiate the contact and indicates to such Proposers that the City has executed this Agreement and that the City is prohibited

4.J.a
Packet Pg. 281 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 : ENA for The LA Experience) from: (i) discussing anything concerning these negotiations with such Proposers; (ii) considering any offer or proposal from such other Proposers; or (iii) negotiating with any such Proposers, until this Agreement expires or is terminated pursuant to its terms.

B. Essential Terms. The Parties acknowledge and agree that: (i) they have not agreed on any of the essential terms of the License Agreement, including, among other things, the price or terms of and timing of any site license and/or development; (ii) this Agreement is not intended to be a statement of the essential terms of the License Agreement; and (iii) the essential terms of the License Agreement, if agreed to by the Parties, shall be set forth, if at all, in documentation and agreements negotiated, approved and executed by duly authorized representatives of each of the Parties.

C. Proposer’s Understanding, Acknowledgement, Covenants, and Agreement.

By execution of this Agreement, Proposer understands, acknowledges, covenants and agrees to each of the following:
i. Prevailing Wage Acknowledgement
Rehabilitation of the site and any temporary or permanent improvements on City property qualifies as a “public work” within the meaning of California's prevailing wage law (Lab. Code, §§ 1720–1861) and the federal Davis-Bacon Act, if applicable. Therefore, development costs must be based upon payment of prevailing wages.
ii. Project Site will be conveyed as-is, with all faults.

The project site and real property located within the boundaries of the Site will be conveyed as a license to Proposer, if the Parties can agree upon the terms and conditions of the License Agreement, “as-is” and “with all faults”. Proposer is solely responsible for conducting due diligence to ascertain the condition of the Site and/or the suitability of the Site for the potential activities and uses contemplated in this Agreement.
iii. Rent determined by City
City’s approval of proposed rent and terms of the License Agreement will be subject to City’s independent analysis of fair market value rent during the Term.

The City’s agreement on rent and terms of the site rental will be memorialized in the License Agreement, if the License Agreement is approved by the Council. iv. No City Subsidy
Proposer shall demonstrate its ability to undertake the Project without any financial subsidy from the City.
v. As a Party to this Agreement, City is solely acting in its proprietary capacity; no waiver of City’s police powers
City, in entering into this Agreement, is acting and shall be deemed to be acting solely in its proprietary capacity for all purposes and in all respects, and nothing in this Agreement shall be deemed, directly or indirectly, to restrict, impair or relieve in any manner or respect whatsoever any of the City’s governmental and regulatory powers or rights or the exercise thereof by City.

The Parties contemplate that Proposer is and will be obligated to comply with all such requirements as may be validly imposed by any governmental agency or authority of the City having or exercising jurisdiction over the Project Site, including, without limitation, the City’s departments and the California Coastal Commission.

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Packet Pg. 282 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 : ENA for The LA Experience) vi. Parking
The parking spaces in the parking lots near the Project Site are unreserved public spaces.

City makes no representation or warranty as to the sufficiency of parking for the Project and its associated uses.
vii. Site Boundaries
Boundaries of the portion of the Site containing the Project Site are unknown, but are to include a portion of Santa Monica State Beach immediately adjacent and south of the Santa Monica Pier.
viii. Coastal Development Permit
Proposer understands, acknowledges, and agrees that the Site is located within the Coastal Zone and Proposer may be required to obtain a Coastal Development Permit (“CDP”), pursuant to the California Coastal Act (Public Resources Code sections 30000 et seq.). Proposer is solely responsible for obtaining a CDP, if required; provided, however, that City will cooperate in good faith to assist Proposer in obtaining a CDP, if required.

D. Identification of Proposer’s Representatives.

The Proposer's authorized and designated representatives to negotiate the License Agreement with the City is Harry Chandler. The Proposer shall notify the City in writing of any changes to the designated representative. The Proposer shall disclose to the City all material information reasonably related to the ownership, control, and financial capacity of the development entity that is proposed to serve as Proposer under the LicenseAgreement, including, but not limited to, the members of the Proposer's project team.

E. Identification of City’s Representatives.

The City's authorized and designated representatives to negotiate the License Agreement with the Proposer are Susan Cline, Aaron Orozco, Melissa Spagnuolo, and Jennifer Taylor. The City shall notify the Proposer in writing of any changes to the designated representatives.

2. Duration of this Agreement
A. Term. This Agreement shall commence on the Effective Date and shall terminate one hundred eighty (180) calendar days thereafter (the “Term”). Notwithstanding the foregoing, if (i) the Parties have not executed and delivered the License Agreement within such period and (ii) substantial progress has been made toward fulfillment of the requirements of this Agreement, the Parties may determine, in mutual agreement, to extend the Term for a maximum of two (2) consecutive ninety (90) day periods. The City Manager, or his, her, or their designee, will be authorized to execute any Term extensions entered into pursuant to this Section 2.A.

3. ENA Deposit
Proposer shall, upon execution of this Agreement, deposit Twenty Thousand Dollars ($20,000) via wire transfer or Automated Clearing House electronic funds transfer as directed by City in writing (the “Deposit”), which Deposit shall cover the City’s costs to evaluate the Project and negotiation of the potential License Agreement and other related agreements ("License Agreement Expenses"). The License Agreement Expenses shall include, without limitation, the actual cost of in-house staff time (including City overhead and administrative costs but excluding in-house costs incurred by the City Attorney and City project managers) and third party consultation fees (including, but not limited to, consultants, engineers, architects, outside legal counsel and advisors) for the performance of surveying, legal consultation, financial analyses, design review (including reviewing Proposer’s plans and specifications for the Project and

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Packet Pg. 283 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 : ENA for The LA Experience) engineering and other reports related to the Project), negotiations, appraisals, document preparation and other reasonable services related to the Project and the License Agreement. City shall provide documentation of License Agreement Expenses to Proposer, provided that the form of documentation will be such that is available to City and the City and in its possession, in City's sole good faith determination.

During the Term, whenever the Deposit balance reaches Five Thousand Dollars ($5,000), Proposer shall replenish the Deposit to the Initial Amount, upon written notice from the City.

Notwithstanding anything to the contrary contained herein, if the Deposit is insufficient to cover Transaction Expenses, City shall have the right to request additional monies, which may exceed the Initial Amount, as may be reasonably necessary to cover the costs of providing those services or Transaction Expenses. If Proposer does not consent and make such additional payments or replenish the Deposit as set forth herein, City may decline to provide the services and/or unilaterally terminate this Agreement; provided, however, that no later than 30 days prior to notice of termination, City will endeavor to meet and confer with Proposer in good faith to ensure full transparency of the City’s Transaction Expenses except to the extent of any communications/documentation withheld due to privilege under law, including, without limitation, the City’s attorney-client privileged communications.

In the event that this Agreement terminates or is terminated, the Deposit will become nonrefundable to the extent necessary to pay License Agreement Expenses incurred or contractually committed to be paid as of the date of termination, and City shall return to Proposer any portion of the Deposit that is not needed to pay such License Agreement Expenses. The Parties agree that City (a) has no obligation to pay interest on the Deposit to Proposer, and (b) is not required to deposit the Deposit in an interest-bearing account. However, interest, if any, earned on the Deposit, may remain in the Deposit account and may be added to the amount of the Deposit and treated as part of the Deposit. In the event that the Parties do enter into a License Agreement, any uncommitted and/or unexpended portions of the Deposit shall be applied against the license fees paid by the Proposer to the City.

4. Agreements to be Negotiated
A. License Agreement. The City and Proposer shall work in good faith to negotiate and jointly prepare the License Agreement. The License Agreement shall include, without limitation, the proposed ground license, provisions relating to the design and development of the Project, listing of sources and uses, and, more generally, the Parties’ obligations during the term of the License Agreement.

B. Other Agreements. If the License Agreement will involve other agreements, each of those agreements shall be addressed in the License Agreement and negotiated in accordance with applicable City policies and procedures and the Council’s authority.

5. City Responsibilities
A. Exclusive Negotiations. So long as Proposer is negotiating in good faith and is not otherwise in Breach (as defined in Section 11.B) of its obligations under this Agreement, the City shall negotiate exclusively and in good faith with Proposer, as set forth in Section 1.A.

B. City Discretion. The City is not approving, committing to, or agreeing to undertake: (i) the Project or any development; (ii) disposition, sale of land to Proposer; or (iii) any other acts or activities requiring the subsequent independent exercise of discretion by the City.

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Packet Pg. 284 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 : ENA for The LA Experience) C. Funding. The City has not agreed to fund, subsidize or otherwise financially contribute in any manner toward the Project.

D. Other Covenants. The City shall perform such other covenants and obligations required of the City as explicitly set forth in this Agreement.

6. Proposer’s Responsibilities
Without limiting any other provision of this Agreement, during the Term, Proposer, at its sole cost and expense, shall prepare and submit the following information and documents and perform the following acts, all in furtherance of the negotiation process, unless otherwise modified during the Term as agreed between the Parties through written notice.

A. Project Information. The City, together with all other agencies having regulatory jurisdiction over the Project (each an “Entitling Agency”), will require planning and design approval and all necessary permits and entitlements for the Project.

Proposer shall meet with representatives of the City and/or Entitling Agency to review and come to a clear understanding of the planning and design requirements of Entitling Agency and other agencies, as may be required, for the Project.

B. Notice of Governmental Meetings. Proposer shall provide at least two (2) weeks’ prior written notice to the City of any substantive meetings with governmental officials other than the City (including staff) relating to the Project and provide the City a reasonable opportunity to attend such meetings, at the City’s sole discretion.

Proposer shall keep the City informed during the Term regarding all material matters and meetings affecting the Project.

C. Further Information. The City reserves the right, at any time, to request from Proposer, and Proposer shall provide in a timely manner, additional or updated non-legally privileged information about Proposer or the Project as requested by the City.

D. Design Review Process. Proposer shall engage and coordinate with the City on the design of the Project, and the design shall be subject to the City’s review and approval (as well as that of any other agency having jurisdiction) as set forth in the proposed License Agreement. Proposer shall provide at least two (2) weeks' prior written notice to the City of all design meetings.

E. Community Input Process. At Proposer’s sole cost and expense, the Proposer agrees to facilitate community input consistent with the City’s requirements, should the City deem a community engagement process to be necessary. The main purpose of the community engagement process is to elicit community input and facilitate consensus-building with regard to the impacts of the Project. Key Proposer principals will be expected to be active in the process, drawing on the resources of the Proposer project team.

The Proposer and its project team shall work with City staff to structure and refine the community input process for the Project, and, at Proposer’s sole cost and expense, Proposer agrees to facilitate and implement the community input process as refined.

F. Other Covenants. Proposer shall perform such other covenants and obligations required of Proposer as explicitly set forth in this Agreement.

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Packet Pg. 285 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 : ENA for The LA Experience)

7. Inspections
During the Term, Proposer may conduct such inspections, tests, surveys, and other analyses (“Inspections”) as Proposer may deem reasonably necessary to determine the condition of the Site or the feasibility of the Project and shall complete such inspections as promptly as reasonably possible within the Term.

8. Plans, Reports, Studies, and Entitlements
City Information. The City shall make available to Proposer, upon Proposer’s written request, existing information and plans within the City’s possession and/or control regarding the Site and the Project.

9. Indemnity and Insurance
Proposer shall indemnify, defend (with counsel reasonably approved by the City) and hold harmless City and its respective subsidiaries, members, shareholders, beneficiaries, attorneys, agents, trustees, successors, assigns, and any individual (employee, officer, partner, director, member, commissioner or board member) employed by or acting on behalf of any of the above entities (collectively, the “City Parties”), from any liability, claims, losses, costs, expenses, or damages (including, without limitation, reasonable attorneys’ fees and costs) (collectively, “Claims”), to the extent arising out of acts or omissions related to the following, and without requirement that the City first pay such Claims: (i) any acts or omissions of any Proposer Party (as defined below) that constitute (a) a material breach of any Proposer obligation under this Agreement, (b) negligence by a Proposer Party that arises out of or is related to this Agreement or the Site, or (c) willful misconduct by a Proposer Party that arises out of or is related to this Agreement or the Site, including Claims that accrue or are discovered before or after termination of this Agreement; (i) any dispute among the Proposer Parties that arises out of or is related to this Agreement or the Site; (ii) damage to property or bodily injury or death of any person caused by any Proposer Party entry on the Site; (iii) any entry upon the Site by any Proposer Party; (iv) any Inspection made by any Proposer Party; or (v) the planning and preparation of, or challenge to any report or document (including the cost of such reports or documents) related to the Project, except to the extent such Claims arise from the gross negligence or willful misconduct of any City Party. The term “Proposer Party” means, for purposes of indemnification only, Proposer, its employees, agents, representatives, consultants, service providers, and contractors. The obligations contained in this Section 9. A shall survive the termination, expiration or revocation of this Agreement.

10. Insurance
Prior to any entry by any Proposer Party on the Site, Proposer shall provide the City with evidence of insurance in the form and subject to the requirements set forth in Exhibit C.

11. Failure to Reach Agreement
This Agreement is an agreement to enter into exclusive negotiations with respect to the License Agreement. Each Party expressly reserves the right to decline to enter into any other agreement, if the Parties working in good faith fail to agree to terms satisfactory to all Parties with respect to the License Agreement. Except as expressly provided in this Agreement, neither of the Parties shall have any obligation, duty or liability hereunder in the event the Parties fail to timely agree upon and execute the License Agreement. If the Parties have not executed the License Agreement prior to the expiration or termination of this Agreement, then upon expiration or termination of this Agreement, any rights or interest that Proposer may have under this Agreement shall cease without requiring any notice from the City, and the City shall have the right thereafter

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Packet Pg. 286 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 : ENA for The LA Experience) to use, develop (alone or with any other entity) or license the Site as the City shall determine appropriate in its sole and absolute discretion.

12. Termination, Default and Remedies
A. Right to Terminate. In addition to any other right of termination set forth in this Agreement, either Party may terminate this Agreement upon thirty (30) days prior written notice to the other Party, if such terminating Party in good faith determines any of the following: (i) a successful consummation of the License Agreement is not likely or (ii) the Project is not feasible. Neither Party shall terminate this Agreement pursuant to this Section 12.A without meeting and conferring with the other Party in good faith and providing the other Party with a reasonable opportunity to address concerns of the terminating Party.

B. Breach. The occurrence of any one or more of the following events shall constitute a breach under this Agreement (each a “Breach”):
i. The failure of a Party to perform any obligation, or to comply with any covenant, restriction, term, or condition of this Agreement which failure is not cured within thirty (30) days of written notice thereof; ii. Any material representation or warranty made by a Party proves to be false or misleading in any material respect at the time made.

C. Remedies. The Proposer specifically agrees that it shall have no right to obtain monetary damages against the City, its officers, boards and commissions, and employees, including for reimbursement, lost costs and/or fees, lost profit or consequential damages, with respect to the ENA, Proposer’s Proposal, this Agreement, and/or the License Agreement, and no right to specifically enforce this Agreement or any provision hereof and expressly waives any right it may have to file a notice of lis pendens against the Site, or any part thereof.

D. Waiver of Rights under Civil Code section 1542. Proposer waives any rights it may have against the City pursuant to California Civil Code section 1542 for claims arising from or related to the ENA, Proposer’s Proposal, this Agreement, and/or the License Agreement. Civil Code section 1542 reads as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or release party.

E. No City Liability for Costs. The Proposer acknowledges and agrees that the City shall not have any responsibility to pay or reimburse Proposer for costs and expenses incurred by the Proposer in connection with the ENA, Proposer’s Proposal, this Agreement, or the License Agreement; design, development, construction, and operation of the Project; the compliance by Proposer with its obligations under this Agreement or otherwise unless the City expressly assumes any such specific responsibility in the fully executed License Agreement, but this Section shall not preclude Proposer from allocating these costs as Project costs for pro forma purposes. Proposer specifically agrees that it shall have no right to obtain monetary damages, including for reimbursement, lost costs and/or fees, lost profit, or consequential damages, with respect to this Agreement.

F. Upon Termination of Agreement. Upon termination of this Agreement, (1) any rights or interest that Proposer may have hereunder shall cease and the City shall

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Packet Pg. 287 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 : ENA for The LA Experience) have the right thereafter to use or develop (alone or with any other entity) as the City shall determine appropriate in their sole and absolute discretion; and (2) any rights or interest that the City may have hereunder shall cease.

13. Entire Agreement; Amendments
This Agreement, including all exhibits, constitutes the entire understanding among the Parties and supersedes all other agreements, oral or written, with respect to the subject matter herein. Additionally, this Agreement may not be amended except in writing signed by all of the Parties.

14. Covenant Against Discrimination
Proposer shall not discriminate against, nor segregate, in employment or the development, construction, sale, license, sublicense, transfer, use, occupancy, tenure, or enjoyment of all or portions of the Site, nor deny the benefits of or exclude from participation in, the Project and all activities of Proposer in connection with the Site, any person, or group of persons, on account of race, color, religion, creed, national origin, ancestry, sex, sexual preference/orientation, marital status, age, disability, medical condition, Acquired Immune Deficiency Syndrome (AIDS), acquired or perceived, or retaliation for having filed a discrimination complaint.

15. Confidentiality
A. Proprietary Documents. The Parties anticipate that during the Term each shall from time to time disclose and provide to the other certain proprietary reports, correspondence and other information related to the Project. Unless otherwise required by law, no Party shall disclose (except to its own and to the other Party’s employees, officers, directors, agents, advisors, existing and prospective lenders, investors, counsel, and consultants) information regarding or related to the Project which is not already public, and which has been delivered to such Party pursuant to the terms hereof.

B. Public Disclosure. Notwithstanding the foregoing Section 15.A, Proposer acknowledges and agrees that City, as a government agency, (i) is subject to broad disclosure obligations under applicable law, including the Public Records Act, and (ii) holds City Council meetings which are open to the public and at which information concerning the Project may be disclosed including reports to the City Council describing the Project, and including any documents to be approved by the City Council. Nothing in this Agreement shall prohibit any disclosure required by law.

16. Compliance with Laws
During the Term, Proposer, at its expense, shall comply with all applicable federal, state, and local laws, ordinances, regulations, rules and orders with respect to the subject matter of this Agreement.

17. Notices
All notices shall be in writing and either (a) personally served at the appropriate address (including by means of professional messenger service or recognized overnight delivery service, provided that any such delivery is confirmed by written receipts signed on behalf of the receiving Party or by adequate proof of service) or (b) deposited in the United States mail, postage prepaid, certified or registered mail, return receipt requested, addressed to the appropriate addressee and shall be deemed received and effective on the day such notice is actually received if received before 5:00 p.m. on a regular business day, or on the following business day if received at any

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Packet Pg. 288 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 : ENA for The LA Experience) other time. All addresses of the Parties for receipt of any notice to be given pursuant to this Project are as follows:

To the City: Office of the City Manager
1685 Main Street
Santa Monica, CA 90401
Attn: Oliver Chi
Email: [email protected]
With a copy to: City Attorney’s Office
1685 Main Street
Santa Monica, CA 90401
Attention: Susan Cola
Email: [email protected]
To the Proposer: River LA
Attn. Harry Chandler
353 S Broadway, Suite 500
Los Angeles, CA 93935
Email: [email protected]

18. Interpretation
A. Construction. This Agreement shall be construed in accordance with its fair meaning, and not strictly for or against either Party.

B. Gender. When the context of this Agreement requires, (i) the neutral gender includes the masculine and feminine and any entity, and (ii) the singular includes the plural.

C. Section Headings. The headings of the Sections of this Agreement are inserted solely for convenience of reference and are not intended to govern, limit or aid in the construction of any term or provision hereof. Unless otherwise explicitly provided, all references to “Sections” are respectively to articles or sections of this Agreement.

D. Interpretation. The word “including” shall be construed as though the words “but not limited to” were, in each case, appended thereafter, and shall not be deemed to create a limitation to the list that follows “including.” E. Incorporation of Recitals. The Recitals of this Agreement are incorporated herein by reference.

F. Exhibits. All references in this Agreement to exhibits shall be construed as though the words “hereby made a part hereof and incorporated herein by this reference” were, in each case, appended thereto. In the event of a conflict between this Agreement and any of the exhibits attached hereto, the terms of this Agreement shall govern.

G. No Third-Party Beneficiaries. No parties other than the City and Proposer shall be beneficiaries of the rights conferred in this Agreement, and no other party shall be deemed a third-party beneficiary of such rights.

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Packet Pg. 289 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 : ENA for The LA Experience) H. Severability. If (i) any provision of this Agreement is held by a court of competent jurisdiction as to be invalid, void or unenforceable and (ii) the invalidity or unenforceability of such a provision does not deny a Party the material benefit of this Agreement, then the remainder of this Agreement which can be given effect without the invalid provision shall continue in full force and effect and shall in no way be impaired or invalidated.

I. No Partnership. Nothing in this Agreement shall be deemed or construed as creating a partnership, joint venture, or association between the Parties, or cause either Party to be responsible in any way for the debts or obligations of the other Party.

J. No Assignment by Proposer. The Parties acknowledge and agree that the City has entered into this Agreement in reliance on Proposer’s unique abilities to develop the Project; consequently, Proposer shall have no right to assign its rights or duties under this Agreement.

K. Prevailing Party. In the event that either Party to this Agreement brings an action to enforce the terms of this Agreement or declare the Party’s rights under this Agreement, each Party shall bear its own costs and expenses, including attorneys’ fees.

L. Business License. Proposer shall apply for and pay the business tax and registration tax for a business license, in accordance with the City’s Municipal Code.

M. Venue. Los Angeles County shall be the site and have jurisdiction for the resolution of all actions.

N. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

19. Execution Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed original, but all of which together shall constitute one and the same instrument. The delivery of a signed counterpart of this Agreement by email shall have the same legal effect as delivery of an original signed counterpart by hand. This Agreement shall only be effective as a binding legal agreement among the Parties after signed counterparts have been exchanged among Parties. The submission of a draft of this Agreement to a Party is not intended as an offer.

The Parties may terminate negotiation at any time prior to the exchange of signed counterparts among the Parties and no duty of good faith or fair dealing shall apply to the negotiation among the Parties prior to the exchange of signed counterparts among the Parties

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Packet Pg. 290 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 : ENA for The LA Experience) IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.

ATTEST: CITY OF SANTA MONICA
a municipal corporation
_____________________ _____________________
APPROVED AS TO FORM:

By: _____________________
PROPOSER:

River LA
By: _____________________
Name: Harry Chandler
Title: Board Chair

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Packet Pg. 291 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 : ENA for The LA Experience)

EXHIBIT A
Site Map

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Packet Pg. 293 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 : ENA for The LA Experience)

EXHIBIT B
Proposal

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T H E P O P U P

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Packet Pg. 295 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 River LA - Pop Up
Concept Development RIVER LA 2
The LA Experience is a 21st Century
visitor adventure that is equal parts
history & culture museum and
immersive entertainment hub.

This 50,000-80,000 sq. foot permanent
site will serve as one of the main
attractions in the forthcoming Taylor
Yard Park in Elysian Valley, to be built in
collaboration with River LA and the City
of Los Angeles.

The building will house long-term and
temporary exhibits that bring the
history, culture and environment of
Southern California to life through
dynamic, highly interactive experiences.

MUSEUM

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Packet Pg. 296 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 River LA - Pop Up
Concept Development RIVER LA 3
Before relocating to its permanent
home, The LA Experience will launch as
a pop-up in advance of and during the
‘28 LA Olympic and Paralympic Games.

The LA Experience pop-up will be
located in a 30,000-50,000 sq. foot space
in a prominent location.

Possibilities include the parking lot of
the Santa Monica Pier, the DTLA
soundstage where Luna Luna was, and
next to the lake at SoFi Stadium.

POP-UP

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Packet Pg. 297 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 River LA - Pop Up
Concept Development RIVER LA 4
Sculptural Statement
Acoustic Statement
The LA Experience serves multiple purposes,
each a compelling reason to visit:

A place for tourists and residents to
learn about Los Angeles in an entirely new way.

A place to experience cutting-edge immersive,
interactive technologies.

A place to be truly moved, transported, changed
by the power of storytelling.

Immersive
Storytelling

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Packet Pg. 298 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 River LA - Pop Up
Concept Development RIVER LA 5
Content
The LA Experience pop-up will feature three
distinct immersive exhibitions, each focused
on a unique aspect of LA’s history and culture.

These exhibitions will be unified around a
central welcome atrium which will house a
variety of hospitality and merchandise options,
as well as signature piece of experiential art
inspired by Los Angeles.

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Packet Pg. 299 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 River LA - Pop Up
Concept Development RIVER LA
6 C I T Y O F

D R E A M S
—

T H E S O C A L

S O U N D
—

S P O R T S T O W N

E X T R A O R D I N A I R E
—

P O T E N T I A L

E X P E R I E N C E S

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Packet Pg. 300 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 River LA - Pop Up
Concept Development RIVER LA
7 Experience #1:

City of Dreams
This Experience brings the history of LA to
life: from its earliest roots to the birth of
Hollywood to its current day role as a
global cultural and creative hub. It’s a
perfect primer for visitors to learn the
dynamic history of the Southland, and a
great opportunity for residents to dig
deeper into our city’s past, present, and
future.

While this Experience isn’t explicitly
focused on cinema, it uses a cinematic
lens to bring real history to life, touching
on iconic films where the city plays a
leading role and exploring the real world
events playing out just behind the
camera’s lens.

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Packet Pg. 301 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 River LA - Pop Up
Concept Development RIVER LA 8
This Experience highlights LA’s status as
one of the world’s great musical capitals
and its crucial role in creating the sounds
that defined the 20th and 21st Centuries.

This exhibit will bring key eras to life, like:

Surf Rock, how artists like the Beach Boys
made the California Dream, and Rock and
Roll, synonymous with American culture;
The Laurel Canyon Sound, how an
incredible community redefined American
pop music and launched a movement
that reshaped a nation; Straight Out of
Compton, how a group of young rappers
made hip hop the dominant force in
global music, fashion, and culture.

Experience #2:

The SoCal Sound

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Packet Pg. 302 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 River LA - Pop Up
Concept Development RIVER LA
9 Experience #3:

Sports Town
Extraordinaire
This Experience celebrates LA as a
world-class sports town, from hosting
three summer Olympics to the Showtime
Lakers to the iconic Dodgers greats.

Multiple interactive experiences put
guests directly into shoes of a professional
athlete - using cutting-edge interactive
technology to take them from the
anticipation of the locker room to the
bright lights of the venue to the
celebration at the medal podium, all while
celebrating the power of sports to unite a
city and the world. Each interaction
provides the guest with a unique
shareable photo or video asset that
celebrates the athlete in all of us.

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Packet Pg. 303 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 River LA - Pop Up
Concept Development RIVER LA
Interactive
Experience #1:

LA In Motion
From the moment you step inside The LA
Experience, your perspective on the city
changes. Literally - as you move through a
massive physical map of Los Angeles, from
the Santa Monica Pier to the San Gabriels.

You watch in wonder as the physical map
itself “zooms in,” thousands of individual
motors whirring to lift and lower buildings
and hills, the entire surface reconfiguring to
provide an entirely different view of the city.

This statement piece of interactive art
provides and epic photo op that sets the
tone for the wonders to come.

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Packet Pg. 304 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 River LA - Pop Up
Concept Development RIVER LA
11 In a moment of true Hollywood wish
fulfillment, you can add your name and
handprints to a massive interactive
digital display inspired by the iconic
prints at the Chinese Theater and the
street stars of the Walk of Fame.

You instantly receive a free print of
your creation and the option to
purchase a framed printed souvenir for
home delivery.

Interactive
Experience #2:

Join the Wall of Fame

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Packet Pg. 305 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 River LA - Pop Up
Concept Development RIVER LA
A cutting-edge, AI-enabled tech will
scan individual guests’ bodies and
place them in a beautiful, one-of-a-kind
video artwork that puts them into one
of several sporting contests. It brings to
life the athlete inside all of us.

The video result can be shared on
social media.
12 Interactive
Experience #3:

Become an Olympian

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13 I M M E R S I V E

V I D E O
Interactive video surrounds guests from all sides,
bringing them into the cinematic and historic
moments the experience explores. This can be a hybrid
of traditional screens, projection mapping, and 3D-LED
technology to continually surprise and excite guests as they make their way through the various storylines.

I N T E G R A T E D

G U E S T T R A C K I N G
Guests state various interests and needs (including personal affiliations as well as preferred language and age-bracket) and content automatically adjusts throughout the experience.

Guests learn fun facts about their favorite teams, take part in simulations of their own favorite sports, and even receive audio content and digital signage in their home language, making this a deeply personal, guest-centric experience.

P R O P O S E D

T E C H N O L O G I E S

P R O P R I E T A R Y

I M A G E C A P T U R E
Proprietary photo opportunities - using special angles, cameras, lenses, or even 3D scanners - provide a huge
incentive for guests to share their unique experiences.

Using 3D scans allows the rapid and automatic creation of guest avatars that can be integrated into onsite content - giving a unique experience to every guest.

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14 C U S T O M I Z E D

O N D E M A N D M E R C H
Iconic, one-of-a-kind merch is a huge driver for fans to visit (and re-visit) the experience. In addition to limited drops and cool collabs, rapid, on-demand production allows us to allow a huge variety of either customized or archival merch to fans, who purchase onsite and have the product seamlessly shipped to their homes. This can include keepsakes (like the Walk of Fame star/handprints), apparel, and individual artworks.

P R O P O S E D

T E C H N O L O G I E S

H O L O G R A P H I C

P R O J E C T I O N
Next gen holographic projections bring a sense of wonder and allow guests to get up close and personal with content and virtual versions of iconic sports and cultural figures.

The same models of laser projectors can work with a variety of holographic substrates - from films to fabric screens to even mist and haze - allowing the core technology to be used in very different ways.

L O C A T I O N A L

A U D I O
Hyper-localized audio, now able to target individual
locations as accurate as a single foot, creates magical wow moments underutilized in the current immersive
market.

In addition to the creative possibilities, locational audio allows deep customization of the experience - including translating the entire exhibit into a guest’s home
language.

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WORK & CAPABILITIES
Scott Nuñez-Peterman
EXECUTIVE CREATIVE DIRECTOR —
Scott Peterman is an ECD with over 20 years of
experience delivering end-to-end creative
direction and technology development for large
scale events, interactive installations, and live
shows. As Chief Creative Officer of Soren West,
he leads a team of world-class creatives across a
wide variety of practices - from live action
filmmaking and animation to interactive
technology research and development to scenic
design and production.

Harry Chandler
FOUNDER, BOARD CHAIR —
Harry is a former media executive and is now
an accomplished multimedia artist and civic
leader. Previously, he worked as an executive
and producer in the internet, feature film and
network television businesses for companies
including 20th Century Fox, Showtime, Hearst
Entertainment, CBS, Dream City, the Los Angeles
Times and Overture. He is a graduate of Stanford
and attended graduate school at UCLA’s
Anderson School and Film/TV Department.

Matty Dowlen
EXECUTIVE PRODUCER —
Matty has been producing events, artworks, and
experiences since 2000, primarily as the
production and operations lead for Obscura
Digital, a creative studio at the forefront the
immersive experience industry. Matty played a
crucial role spearheading the development of the
MSG Sphere in Las Vegas. As CEO of Soren West,
Matty oversees the creative and operational
vision for the company while leading a team of
industry’s best producers and creators,
delivering every project on time, on budget, and
with the original creative vision fully intact.

Creative Team
The LA Experience is being brought to life by some of the most experienced executives and creatives in the immersive entertainment industry.

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Packet Pg. 309 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 Alice Bucknell
Game Designer
—
Alice is an artist, writer, and
educator with a particular interest
in game engines and speculative
fiction. Bucknell received a MA in
Contemporary Art Practice from
the Royal College of Art and a BA in
Anthropology from the University
of Chicago and is on faculty at
SCI-Arc.

Bill Deverell
Historian
—
Bill is the Divisional Dean for the
Social Sciences at USC Dornsife
and Professor of History in the Van
Hunnick Department of History.

Professor Deverell teaches and
writes about the American West.

He has a Ph.D. and M.A. in History
from Princeton and an A.B.

American Studies from Stanford.

Advisors
The core team is augmented by a diverse group of
advisors, representing a wide variety of disciplines and constituencies - from the entertainment industry, major city cultural institutions, local communities, and city government.

Kimberly Johnson
Educator - Gabrieleno Tongva
—
Kimberly has been deeply involved
in Native American politics and
culture throughout her life. She
earned a MA in Public Health and is
now a PhD Candidate in Native
American Studies at UC Davis.

Eric Avila
Historian
—
Eric is a Professor and Core
Faculty of Chicana/o Studies at
UCLA.. Avila received his PhD, MA,
and BA in U.S. History from UC
Berkeley.

Dr. Mark Cohen
Neuroscientist, inventor, musician
—
As an undergraduate student at
Stanford and at MIT, Mark moved
fluidly between majors in music,
architecture, mechanical and
electrical engineering, and
ultimately in Human Biology. He
was a co-inventor of functional
MRI technology. He teaches at
UCLA and is a founder of two
biotech startups.

Lynell George
Journalist
—
Lynell has had a long career in L.A.
journalism as staff writer for both
the Los Angeles Times and L.A.

Weekly, focusing on social issues,
human behavior, visual arts, music
and literature. Her writing has also
appear in many other national
publications.

Juan Devis
TV Producer
—
Juan is a celebrated producer,
creator and showrunner of TV shows
primarily about L.A. . Prior to
launching Ninety Three Media with
former ICM chief executive officer
Jeff Berg, he was the Chief Content
Officer at KCET, where he, received
over 30 Emmys.

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Packet Pg. 310 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 Noah Nelson
Immersive Exp Journalist —
Noah is the founder of No
Proscenium, a publication
dedicated to exploring the
immersive and experiential arts.

He teaches at CalArts and holds a
BA in Theatre Arts from San
Francisco State University.

Steve Tight
Former Disney Parks exec —
Steve has built and run
international resorts/parks for
Caesars and Disney (Hong Kong,
Paris).m Tight received his
undergraduate degree from
Stanford University and his MBA
from Harvard Business School.

Advisors
Cont’d
Jordan Kerner
Film Producer —Jordan is a feature film producer,
His most recent film, The Smurfs,
grossed over $500 million.

Kerner’s career in the
entertainment industry has also
included stints at CBS, ABC,
Universal and QM Productions. A
graduate from Stanford also with a
JD-MBA from Berkeley and San
Francisco.

Irma Munoz
Community Advocate —
Irma is the Founder and Executive
Director of Mujeres de la Tierra-an
environmental equity non-profit.

She is recognized for her
leadership and development of
creative and impactful approaches
with community engagement. She
graduated from the UC San Diego
with a BA and earned a JD from the
Thomas Jefferson School of Law.

Jonathan Spaulding
Curator —
Jonathan is an author, curator, and
consultant focused on museum
exhibition development. He has
worked with the Agua Caliente
Indians, USC, the Natural History
Museum of LA,, the San Diego
History Center, the Autry National
Center. Jonathan has a B.A. from the
UC Santa Cruz and a Ph.D.in history
from UCLA.

Rachel Warby
Music producer & conductor —
Rachel is the founder and Artistic
Director for MUSE/IQUE, telling
music history through stories and
live music. Formerly, she was the
Assistant Conductor for the LA
Philharmonic, and Music Director
of the Pasadena Pops.

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18 Sponsorship
Opportunities
This is going to be one of the most talked
about fan experience of the entire LA
Olympics. It offers a unique chance for an
international brand to gain access to an
incredible out-of-home opportunity, to
customize the hospitality space, and take
to over the Experience after-hours for
bespoke VIP and fan engagements.

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Ready to help bring this to life?
Let’s Go!

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EXHIBIT C
Insurance Requirements
Licensee and its Consultants 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 Licensee and its Consultants and their respective agents, representatives, employees or subcontractors.

Minimum Scope/Limits of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering GCL 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 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 the Licensee 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.

4. Professional Liability: Insurance appropriate to the Consultant’s profession with a limit of no less than $1,000,000 each occurrence/$2,000,000 in the annual aggregate.

If the Licensee maintains higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to coverage for the higher limits maintained by the Licensee. 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 policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Licensee including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Licensee’s insurance at least as broad as Insurance Services Office Form CG 20 10 11 85. Licensee will also name the City of Santa Monica, its officers, officials, employees and volunteers as an additional insured on the Pollution Legal Liability policy. Should the Licensee use a Subconsultant to provide evidence of Pollution Legal Liability Insurance, the Licensee will require the Subconsultant to name the Licensee and the City of Santa Monica, its officers,

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Packet Pg. 314 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 : ENA for The LA Experience) officials, employees and volunteers as an additional insured on the Pollution Legal Liability policy.
b. Primary Coverage: For any claims related to this contract, the Licensee’s insurance shall be primary as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Licensee’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: Licensee hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Licensee may acquire against the City of Santa Monica by virtue of payment of any loss. Licensee 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.

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

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Licensee to purchase coverage with a lower deductible or retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.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 or Pollution Legal Liability policy provides “claims made” coverage:
a. The Retroactive Date must be shown and must be before the start of work.
b. The insurance must be maintained, and evidence of insurance must be provided for a maximum of 1 year 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 Licensee must purchase “extended reporting” coverage for a maximum of 1 year after completion of work.

Verification of Coverage
Licensee shall furnish the City of Santa Monica with original certificates and amendatory endorsements or copies of the applicable policy language providing the insurance coverage required herein. All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Licensee’s obligation to

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Packet Pg. 315 Attachment: Exclusive Negotiation Agreement (DRAFT) (7217 : ENA for The LA Experience) 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 Licensee, for any reason, fails to maintain or cause to be maintained 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 Licensee resulting from said breach.

Alternatively, the City of Santa Monica may purchase such coverage (but has no special obligation to do so), and without further notice to the Licensee, the City may deduct from sums due to the Licensee any premium costs advanced by the City for such insurance.

Subcontractors
Licensee 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.

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Report
City Council Meeting: August 12, 2025
Agenda Item: 4.K
1 of 3
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Introduction and Adoption of an Emergency Ordinance Amending SMMC

4.08.780 Regarding Prohibited Items at Public Assemblies and Community Events
Recommended Action
Staff recommends the City Council:

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

2. Introduce and adopt the attached emergency ordinance amending Santa Monica Municipal Code Section 4.08.780 to amend the list of prohibited items at public assemblies and community events.

Summary
The City Attorney recommends that the City Council adopt an amendment to Santa Monica Municipal Code (SMMC) Section 4.08.780 to amend the list of prohibited items at public assemblies and community events. On July 8, 2025, the Council passed an emergency ordinance adding specific items known to have been misused during public demonstrations, based on direct observation, intelligence reports, and widely circulated videos of recent events—including those in Downtown Los Angeles (DTLA)—where certain tools and common objects were used to disrupt lawful activity, obstruct law enforcement, or conceal dangerous materials. During the Council discussion, the Council directed the Police Department and City Attorney to consult with the Public Safety Reform and Oversight Commission regarding the ordinance, and to return to Council with options regarding the portion of the ordinance banning bicycle helmets.

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Discussion
The Council seeks to promote the safety and welfare of those who engage in peaceful protests, public assemblies, and community events, as well as the safety and welfare of City officials, residents, businesses, and visitors who encounter and are affected by such peaceful protests, assemblies, and events. It is the intent of the Council in issuing this ordinance to ensure that protests, assemblies and community events are conducted in ways that permit those assembling to engage in expressive activities intended to convey their message to the public while at the same time ensuring that the protests, assemblies, and community events are peaceful and safe.

The City initially added helmets to the list of prohibited items in 2022 in response to those in Santa Monica and other jurisdictions using helmets in conjunction with improvised body armor and weapons, both for protection and to mask their identity. The ordinance in its current form gives the Police Department the ability to request individuals remove their tactical equipment, de-escalating potentially volatile situations.

Nonetheless, despite the valid reasons the City may have for wishing to ban helmets at protests, assemblies, and events, the Council must balance the legitimate reasons residents may have for possessing a helmet at such gatherings, such as those who may ride their bicycle to an event and carry their helmet with them. Santa Monica is a leader in promoting bicycle use to support carbon-emission-related sustainability goals, expand mobility access, and improve quality of life for residents and visitors, as guided by the Land Use and Circulation Element and 2011 Bike Action Plan, and has installed over 100 miles of bike facilities, launched LA County’s first bike share system, and piloted one of the first regulatory frameworks for dockless shared micro-mobility services in the country. Additionally, bicycle helmets are lightweight, and unlikely to be effectively used either as a weapon, or to mask one’s identity. In balancing the bicycle-friendly nature of the community, interests of the public, First Amendment considerations, and public safety, the Council may choose to amend the list of prohibited items to allow for the possession of bicycle helmets at protests, assemblies, and community events.

Options: 1. Amend the ordinance to remove bicycle helmets from the list of prohibited items.

2. Leave the ordinance as is.

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Public Safety Reform and Oversight Commission
The Public Safety Reform and Oversight Commission scheduled meetings to discuss the ordinance on July 1, 2025, and July 31, 2025. Both meetings were cancelled for lack of quorum.

Financial Impacts and Budget Actions
There is no immediate fiscal impact or budget action necessary as a result of the recommended action.

Prepared By: Katie Doerr, Deputy City Attorney III
Approved Forwarded to Council
Attachments:

A. CAO-ORD-Prohibited Items Community Events
B. Written Comments

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1 City Council Meeting: August 12, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 4.08.780 OF THE SANTA MONICA

MUNICIPAL CODE RELATING TO RESTRICTIONS ON USE OF SPECIFIED ITEMS

DURING COMMUNITY EVENTS AND PUBLIC ASSEMBLIES IN THE INTEREST OF

PRESERVING PUBLIC PEACE, HEALTH, AND SAFETY
WHEREAS, the City Council supports peaceful protests, public assemblies, and community events, and the rights of individuals under the First Amendment to the United States Constitution and the Liberty of Speech Clause of the California Constitution to engage in expressive activities in public forums such as the City’s sidewalks, streets, and public parks; and
WHEREAS, the City Council seeks to promote the safety and welfare of those who engage in peaceful protests, public assemblies, and community events, as well as the safety and welfare of City officials, City residents, City businesses, and City visitors who encounter and are affected by such peaceful protests, public assemblies, and community events; and
WHEREAS, the City Council is mindful of the legal principles relating to regulation of activity in public forums such as the City’s sidewalks, streets, and public parks and does not intend by this ordinance to unconstitutionally suppress or infringe expressive activities protected by the First Amendment of the United States Constitution or the Liberty of Speech Clause of the California Constitution, but instead is enacting reasonable content-neutral time, place, and manner regulations that address the need to prevent violent, dangerous, and hazardous situations from arising during peaceful protests, public

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Packet Pg. 320 Attachment: CAO-ORD-Prohibited Items Community Events (7247 : Protest Ordinance) 2 assemblies, and community events, and so promote the public safety and welfare of those engaging in such peaceful protests, public assemblies, and community events, as well as those City residents, City businesses, and City visitors who encounter and are affected by such peaceful protests, public assemblies, and community events; and WHEREAS, it is the intent of the City Council in issuing this ordinance to ensure that protests, public assemblies, and community events are conducted in ways that permit those assembling to engage in expressive activities intended to convey their message to the public while at the same time ensuring that the protests, public assemblies, and community events are peaceful and safe; and
WHEREAS, the Council believes that while the City may have a valid reason for banning bicycle helmets at protests, public assemblies, and other community events, nonetheless participants may have legitimate reasons for possessing them in a manner that does not pose a threat to public safety, particularly given the lightweight nature of bicycle helmets; and
WHEREAS, Santa Monica is a leader in promoting bicycle use to support carbonemission-related sustainability goals, expand mobility access, and improve quality of life for residents and visitors, as guided by the Land Use and Circulation Element and 2011 Bike Action Plan, and has installed over 100 miles of bike facilities, launched LA County’s first bike share system, and piloted one of the first regulatory frameworks for dockless shared micro-mobility services in the country; and
WHEREAS, given the bicycle-friendly nature of the community, and balancing First Amendment and public safety goals, Council wishes to amend the ordinance to allow possession of bicycle helmets at public gatherings.

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Packet Pg. 321 Attachment: CAO-ORD-Prohibited Items Community Events (7247 : Protest Ordinance) 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Santa Monica Municipal Code Section 4.08.780 is hereby amended to read as follows:

4.08.780. RESTRICTIONS ON USE OF SPECIFIED ITEMS DURING COMMUNITY EVENTS AND PUBLIC ASSEMBLIES.
(a) The following terms as used in this Section have the following meanings:
(1) “Community event” means any activity, assembly, gathering, meeting, event, protest, counter-protest, demonstration, picket line, parade, rally, or march for which a permit is required under Santa Monica Municipal Code Section 4.68.040 and any administrative regulations promulgated thereunder.
(2) “Community events committee” means the community events committee, as defined by Santa Monica Municipal Code Section 4.68.020. (3) “Public assembly” means any activity, assembly, gathering, meeting, event, protest, counter-protest, demonstration, picket line, parade, rally, or march for which a permit is not required under Santa Monica Municipal Code Section 4.68.040 and any administrative regulations promulgated thereunder.
(b) While participating in or being present at any community event or public assembly, no person shall use, carry, or possess any of the following items or articles:
(1) If affixed to and being used to support a sign, poster, banner, placard, notice, puppet, or other expressive display, any length of lumber, wood, wood lath, or plastic pipe, whether hollow or solid, if that object is sharpened on either end or has affixed to either end any sharpened item of any material;

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Packet Pg. 322 Attachment: CAO-ORD-Prohibited Items Community Events (7247 : Protest Ordinance) 4 (2) If not affixed to and being used to support a sign, poster, banner, placard, notice, puppet, or other expressive display: (A) any length of lumber, wood, or wood lath, excluding only a pencil or other wooden writing instrument; and (B) any length of plastic pipe, whether hollow or solid, excluding only a plastic pen or other plastic writing instrument;
(3) Any length of metal pipe, whether hollow or solid, excluding only a metal pen or other metal writing instrument;
(4) Any baseball or softball bat, regardless of composition or size; (5) Any aerosol spray, including paint, tear gas, mace, pepper spray, smoke canister, or bear repellent;
(6) Any projectile launcher or other device, such as a catapult or wrist rocket, that is commonly used for the purpose of launching, hurling, or throwing any object, liquid, material, or other substance, whether through force of air pressure, spring action, or any other mechanism;
(7) Any chain greater than twenty inches in length or greater than one-quarter inch in diameter;
(8) Any knives, daggers, swords, sabers, or other bladed devise, axes, axe handles, hatchets, billy clubs, ice picks, razor blades, nunchucks or other martial arts weapons of any kind, box cutters, pellet or BB guns, improvised explosive devices (IEDs), dynamite, conducted electrical weapons (CEWs), including, but not limited to, tasers or stun guns, metal/composite/wooden knuckles, or toy or replica firearms;

4.K.a
Packet Pg. 323 Attachment: CAO-ORD-Prohibited Items Community Events (7247 : Protest Ordinance) 5 (9) Any container, including, but not limited to, balloons, bottles, water cannons, super-soakers, or toy or replica firearms, filled with any flammable, biohazard, or other noxious matter that is injurious, or nauseous, sickening, or irritating to any of the senses; (10) Any glass bottles or metal containers, whether empty or filled; (11) Any open flame torches, lanterns, or other devices that utilize combustible materials such as gasoline, kerosene, propane, other fuel sources; (12) Any shields made of metal, wood, hard plastic, or any combination thereof; (13) Any bricks, rocks, pieces of asphalt or concrete, metal pellets, or ball bearings; (14) Any gas masks or similar breathing devices;
(15) Any impact-resistant helmet, including, but not limited to, motorcycle or bicycle helmets (unless being worn while riding a motorcycle, scooter, or bicycle), football sports helmets, or ballistic helmets; bicycle helmets are excluded from this prohibition; (16) Any laser pointers or laser-style devices emitting any color beam, milliwatt output level, intensity class level or any visibility level, including infrared, or nonvisible; (17) Any umbrellas in the absence of rain; during any rainy weather, an umbrella shall not exceed 16 inches in its longest dimension when fully collapsed and shall have a blunt end;
(18) Any professionally manufactured or personally fabricated equipment or clothing designed to be bullet-resistant, fragment-resistant, stab-resistant, or impactresistant, including, but not limited to, riot control gear, sports equipment, bullet-resistant vests, flak jackets, or stab-resistant vests; and
(19) Load-bearing or similar tactical vests commonly used by law enforcement or military personnel and designed to carry weapons, tactical equipment, or armor plates.

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Packet Pg. 324 Attachment: CAO-ORD-Prohibited Items Community Events (7247 : Protest Ordinance) 6 (20) Any hammers, mallets, frozen liquid bottles, leaf blowers, traffic cones, or Aframe barricades. (c) Any person violating subsection (b) shall be guilty of a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars, by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. (d) When feasible, excluding exigent circumstances, a warning shall be issued before enforcement of subsection (b). Such warning shall be sufficient if provided orally, by posting signs, or by amplified announcement.
(e) Law enforcement personnel, firefighting personnel, emergency health care providers, and employees, agents, or representatives of the City shall be exempt from the provisions of subsection (b) when engaged in official business of or on behalf of the City. (f) Nothing in this Section shall prohibit a person from carrying a cane or using a walker or other similar device necessary for providing mobility so that the person may participate in a community event or public assembly.
(g) Nothing in this section shall prohibit the imposition of specific conditions for activities expressly authorized under a permit for a community event issued pursuant to Chapter 4.68 of this Code or prohibit the modification of the restrictions in subsection (b) for such permits issued pursuant to Chapter 4.68 of this Code upon a finding by the community events committee that such modifications will not impair or threaten public safety.
(h) This Section is not intended to violate and shall not be applied or enforce in a manner that violates the United States or California Constitutions and applicable State or Federal statutes.

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Packet Pg. 325 Attachment: CAO-ORD-Prohibited Items Community Events (7247 : Protest Ordinance) 7 SECTION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 3. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. Pursuant to Sections 615 and 619 of the City Charter, for reasons stated in the above recitals, the City Council declares this ordinance to be necessary as an emergency measure for preserving the public peace, health, and safety, with the result that this ordinance shall be introduced and adopted at the same meeting, shall become effective immediately upon its adoption.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

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Packet Pg. 326 Attachment: CAO-ORD-Prohibited Items Community Events (7247 : Protest Ordinance) 1 David Yakobson
From: Bonnie Johnstone <[email protected]>
Sent: Sunday, August 10, 2025 7:58 PM
To: councilmtgitems
Subject: bicycle helmets

EXTERNAL
Please please get rid of the ban on bicycle helmets at protests or any public gatherings! Cyclists must be allowed safety!
Thank you.

Bonnie Johnstone
Item 4-K
August 12, 2025
Item 4-K
August 12, 2025

4.K.b
Packet Pg. 327 Attachment: Written Comments (7247 : Protest Ordinance) 2 David Yakobson
From: Wittig, Michele A <[email protected]>
Sent: Sunday, August 10, 2025 6:54 PM
To: councilmtgitems
Subject: Item 4 K: Aug 12, 2025 City Council Agenda

EXTERNAL
In Support of Removing the Ban
on Bicycle Helmets at Protests
Dear Mayor Negrete, Vice-Mayor Torosis and City Council Members, At present, SMPD prohibits having or wearing a helmet at a protest. A person shall be guilty of a misdemeanor for doing so.

The current prohibition gives SMPD officers the authority to stop and cite persons who have a helmet at a protest.

I support removing the prohibition on having or wearing a helmet at a protest for several reasons:

First, the policy creates a dilemma for persons under 18 who ride a bike to a protest wearing a helmet, as required, then are in violation of the prohibition on helmets at a protest, Second, a similar dilemma faces persons 18 and over at protests who wear a helmet for safety while riding a bike, even if not required,
Third, as reported by the SMPD officers who made a presentation during the July 8, 2025 City Council Meeting, SMPD intends for the policy to provide officers with the legal authority to stop any person with a helmet at a protest and question them. This encourages profiling and pretextual stops.

Reference here:
https://smdp.com/news/crime/more-items-banned-from-local-protests-but-council-wants-to-revisitbans-on-bike-helmets/

“Police officials emphasized that enforcement would be discretionary and that officers would use common sense when encountering people with prohibited items. In defending the helmet ban, officers said that the rule acts as a conversation starter that provides a reason for officers to approach people and ask them to comply with the rule.”

I respectfully request the City Council to
1) remove the prohibition on helmets at protests, and
2) adopt policies that discourage profiling and pretextual stops.

Item 4-K
August 12, 2025
Item 4-K
August 12, 2025

4.K.b
Packet Pg. 328 Attachment: Written Comments (7247 : Protest Ordinance) 3 Thank you for your consideration.

Michele Wittig
Item 4-K
August 12, 2025
Item 4-K
August 12, 2025

4.K.b
Packet Pg. 329 Attachment: Written Comments (7247 : Protest Ordinance) City Council
Report
City Council Meeting: August 12, 2025
Agenda Item: 4.L
1 of 5
To: Mayor and City Council
From: Arminé Chaparyan, Director, Administration
Subject: Adoption of Resolution of Intention to Amend the Text of the City’s Zoning Ordinance Related to Projects Utilizing State Law Permitting Small Lot Subdivision Under 10 Units and Projects Consisting of Duplexes and Lot Splits for Parcels Zoned for Single-Unit Residential
Recommended Action
Staff recommends that the City Council:

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

2. Adopt a Resolution of Intention directing the Planning Commission to initiate an amendment to the text of the City’s Zoning Ordinance related to projects utilizing State law permitting small lot subdivisions under 10 units and projects consisting of duplexes and lot splits for parcels zoned for single-unit residential.

Summary
➢ Senate Bill 1123
On September 19, 2024, Governor Newsom approved Senate Bill 1123 (SB 1123) (codified as Government Code Sections 65852.28 and 66499.41), which became effective on July 1, 2025. Primarily, SB 1123 expands upon prior State law (SB 684) to allow a parcel zoned for single-unit residential use to be ministerially subdivided into up to 10 parcels. While most aspects of SB 1123 are mandatory, certain provisions – such as the inclusion of Accessory Dwelling Units (ADUs) – are left to the discretion of each local jurisdiction.

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On May 13, 2025, City Council directed staff to return with an ordinance allowing ADUs in conjunction with projects utilizing SB 1123. On June 10, 2025, Council adopted Emergency Interim Zoning Ordinance (IZO) Number 2816 (CCS) implementing the allowance of ADUs in SB 1123 projects, and provided additional direction to staff to include amendments that modify specific requirements and development standards to ensure the feasibility of SB 1123 projects, including, but not limited to: (1) Eliminating the Affordable Housing Production Program (AHPP) fee for projects with five or fewer units; and (2) Modifying the following development standards: (a) permitting a maximum Floor Area Ratio of 1.5; (b) permitting a maximum building height of 3 stories/33 feet; (c) reducing the front setback by 30%, but no less than 10 feet; (d) eliminating upper-story stepbacks; and (e) eliminating interior setbacks and stepbacks between ADUs on newly created parcels, except as required by the California Building Code (CBC). Additionally, direction was provided to expand the allowance for ADUs in all projects utilizing Government Code Sections 65852.28 and 66499.41, which includes parcels within multiple-unit zoning districts as permitted pursuant to SB 684.

On July 29, 2025, Council adopted Emergency Interim Zoning Ordinance 2821 (IZO 2821), extending IZO 2816 until December 31, 2026 and amending the interim zoning regulations to include Council direction from June 10, and further provided direction to start the process for amending the text of the Zoning Ordinance to add the interim zoning regulations set forth in IZO 2821.

Staff anticipates amendments to Santa Monica Municipal Code (SMMC) Chapter 9.31, Standards for Specific Uses and Activities, will be necessary to implement provisions of SB 1123 and Council direction as stipulated in IZO 2821. ➢ Senate Bill 9/450 & Local Provisions for Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential
Pursuant to Programs 4.E and 4.F of the City’s 6th Cycle (2021-2029) Housing Element, City Council adopted implementation of Senate Bill 9 (SB 9) on April 11, 2023 as SMMC Section 9.31.125, Duplexes and Lot Split on Parcels Zoned for Single-Unit Residential,

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with the local amendment to allow for more than four units on parcels 10,000 square feet or greater.

Since local implementation, SB 9 was revised by Senate Bill 450 (SB 450) which amended the law as follows:
• Removes the option to prohibit projects that would result in the demolition of more than 25% of existing exterior walls.
• Makes clear that a local agency cannot impose objective standards to lot split/duplex projects unless: 1) the standards apply uniformly within the zone; or 2) the standards are more permissive than.
• Removes authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment (the authorization to deny based on a written finding that the proposed project would have a specific, adverse impact on public health or safety remains in place).
• Agency must approve or deny applications within 60 days of complete application otherwise will be deemed approved.
• Makes additional legislative findings to clarify that SB 9 applies to all cities, including charter cities.

In addition to the above State law required amendments, on January 28, 2025, “in order to facilitate diverse housing choices in the City’s highest opportunity areas,” the City Council gave direction to staff to “return with an ordinance to amend the City’s regulations governing ministerial approval for certain lot splits and duplexes on parcels zoned for single-unit residential by: (1) removing the owner-occupancy requirement for lot splits and duplexes and clarifying that vacant or demolished parcels, as well as lots with approved demolition permits, are eligible for lot splits and duplexes, (2) allowing one roof deck per unit, and (3) ensuring that no standard within this ordinance or the underlying zoning district shall preclude the construction of 2 units, not including ADUs, of at least 1,200 square feet each.”

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On May 27, 2025, Council adopted a revised SMMC Section 9.31.125 to implement SB 450 and Council direction with an amendment to increase guaranteed unit size to 1,500 square feet.

Subsequent to adoption of the City’s most recent amendments, staff received preliminary informal advice from the California Department of Housing and Community Development (HCD) indicating that a separation of the statutory requirements under SB 9/450 and the provisions of the City’s regulations related to duplexes and lot splits on parcels zoned for single-unit residential would be favorable for HCD’s review. This discussion has led to City Council direction to separate the statutory requirements of SB 450 and the City’s expanded regulations related to duplexes and lot splits on parcels zoned for single-unit residential to clarify those amendments made pursuant to State law requirements under SB 9/450 and those created pursuant to the City’s local authority.

Therefore, staff anticipates amendments to SMMC Chapter 9.31, Standards for Specific Uses and Activities, and SMMC Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential, will be necessary to comply more closely with State law and to implement local provisions for duplexes and lot splits in single-unit residential zoning districts pursuant to prior Council direction.

Discussion
The attached Resolution of Intention represents the City Council’s direction to the Planning Commission to initiate an amendment to the text of the City’s Zoning Ordinance related to projects utilizing state law permitting small lot subdivisions under 10 units and projects consisting of duplexes and lot splits for parcels zoned for single unit residential.

The resolution does not represent any specific recommendations by staff or predict any final decisions by the City Council. Instead, this resolution signifies the beginning of the formal process of a Zoning Text Amendment which requires that the Planning

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Commission make a recommendation to the City Council on the proposed changes.

The Council will then hold a final public hearing on the proposed amendments.

Environmental Status
This Resolution of Intention is the formal initiation of the process to consider permanent amendments to the Zoning Ordinance in accordance with the formal procedures of the SMMC and as such, is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines which states that CEQA does not apply “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The Resolution of Intention is a required step that is administrative in nature. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.

Prepared By: Ross Fehrman, Principal Planner
Approved Forwarded to Council
Attachments:

A. 2025.08.12 - ROI_Small Lot Subdivisions and Duplexes and Lot Splits in R1 B. Written Comments

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Packet Pg. 334
1 City Council Meeting: August 12, 2025 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

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

DIRECTING THE PLANNING COMMISSION TO INITIATE AN AMENDMENT TO THE TEXT OF THE CITY’S ZONING ORDINANCE RELATED TO PROJECTS UTILIZING STATE LAW PERMITTING SMALL LOT SUBDIVISIONS UNDER 10 UNITS AND

PROJECTS CONSISTING OF DUPLEXES AND LOT SPLITS FOR PARCELS ZONED

SINGLE-UNIT RESIDENTIAL
WHEREAS, California has a statewide housing crisis, represented by a shortage of nearly 3,500,000 homes; and
WHEREAS, California’s housing crisis stifles economic growth, contributes to the homelessness epidemic, consumes an ever-growing share of the paychecks of working families, and holds millions of households back from realizing the California dream of home ownership; and
WHEREAS, the State has declared that restrictive zoning, land use, and burdensome permitting policies at the local and state level are a major cause of the shortfall between California’s housing needs and the available supply of housing; and WHEREAS, home ownership is still the primary way in which most Americans build wealth and assets; and
WHEREAS, California has the third highest median home price in the country and the high cost of housing has pushed what was once a modest goal further and further out of reach for most people of color; and
WHEREAS, home ownership rates in California are among the lowest nationwide, and in recent years those numbers have continued downward, including a 3.19 percent decline from 2020 and 2022; and

4.L.a
Packet Pg. 335 Attachment: 2025.08.12 - ROI_Small Lot Subdivisions and Duplexes and Lot Splits in R1 [Revision 1] (7244 : ROI for SB 1123 and SB 9) 2 WHEREAS, while the home ownership gap is an issue throughout the country, the rate of African American and Latinx home ownership is significantly worse in California – at a national level, African Americans and Latinx have a home ownership rate of 42 percent and 47 percent, respectively, while here in California, that rate drops down to 35 percent and 42 percent, respectively; and
WHEREAS, the Legislative Analyst’s Office has identified a lack of housing supply as one of the culprits for the severe home ownership gap; and WHEREAS, the Office’s 2016 housing affordability report found that “the state’s housing shortage also makes many Californians, not only low-income residents, more likely to commute longer distances, live in overcrowded housing, and delay or forgo home ownership”; and
WHEREAS, according to the Urban Institute, multifamily construction built for sale accounted for only 5.4 percent of all multifamily starts and only 2.7 percent of all singlefamily and multifamily home construction for the first three quarters of 2021; and WHEREAS, houses cost more in California due to increased costs, heavy regulatory hurdles, and mandatory features and fees that add tens of thousands of dollars to the cost of each unit; and
WHEREAS, as production has slowed and changed, for-sale inventory has tightened, particularly for entry-level homes; and
WHEREAS, higher home prices have translated to less diversity in who is able to purchase a home; and
WHEREAS, home ownership is a powerful tool to close the racial and ethnic wealth gap across the State of California and nationwide; and

4.L.a
Packet Pg. 336 Attachment: 2025.08.12 - ROI_Small Lot Subdivisions and Duplexes and Lot Splits in R1 [Revision 1] (7244 : ROI for SB 1123 and SB 9) 3 WHEREAS, the production of new market-rate housing frees up existing, more affordable housing elsewhere in the region for sale or rent to lower and middle-income households; and
WHEREAS, based on these realities, on September 19, 2024, Governor Newsom signed and approved Senate Bill 1123 (SB 1123) which became operative on July 1, 2025; and
WHEREAS, SB 1123 expands upon prior State law (SB 684) to allow a “vacant” parcel zoned for single-unit residential to be ministerially subdivided to up to 10 ownership units; and
WHEREAS, while most aspects of SB 1123 are compulsory, there are some areas that are at the discretion of each local jurisdiction, including the ability to include Accessory Dwelling Units (ADUs) in SB 1123 projects; and WHEREAS, SB 1123 states that “a local agency is not required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels created through the exercise of the authority contained within this section”; and WHEREAS, however, if a local jurisdiction does decide to permit ADUs, “the units shall not count as residential units” when determining how many units can be established within developments that have subdivided a parcel pursuant to SB 1123; and WHEREAS, in order to provide more diverse housing options for residents in Santa Monica, on May 13, 2025, City Council gave direction to staff to return on June 10, 2025, with an ordinance to allow ADUs in conjunction with projects utilizing SB 1123; and WHEREAS, on June 10, 2025, City Council adopted Emergency Interim Zoning Ordinance (IZO) Number 2816 (CCS) (IZO 2816) implementing the allowance of ADUs

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Packet Pg. 337 Attachment: 2025.08.12 - ROI_Small Lot Subdivisions and Duplexes and Lot Splits in R1 [Revision 1] (7244 : ROI for SB 1123 and SB 9) 4 in SB 1123 projects; and
WHEREAS, the City Council provided additional direction at the June 10, 2025 hearing for staff to return with amendments to the interim zoning regulations established by IZO 2816 (interim zoning regulations) that modify specific requirements and development standards to ensure the feasibility of SB 1123 projects, including, but not limited to: (1) Eliminating the Affordable Housing Production Program (AHPP) fee for projects with five or fewer units; and (2) Modifying the following development standards:
(a) permitting a maximum Floor Area Ratio of 1.5; (b) permitting a maximum building height of 3 stories/33 feet; (c) reducing the front setback by 30%, but no less than 10 feet; (d) eliminating upper-story stepbacks; and (e) eliminating interior setbacks and stepbacks between ADUs on newly created parcels, except as required by the California Building Code (CBC); and
WHEREAS, Council further directed staff to return with amendments to the interim zoning regulations to expand the allowance for ADUs in all projects utilizing Government Code Sections 65852.28 and 66499.41, which includes parcels within multiple-unit zoning districts as permitted pursuant to SB 684; and
WHEREAS, the amendments further the City’s efforts to address the housing crisis, which has been reemphasized by the State legislature as recently as June 30, 2025, by the passage of Assembly Bill (AB) 130, which declared the need to solve the housing crisis through a multifaceted, statewide approach, including an increase in the overall supply of housing, encouraging the development of housing that is affordable to households at all income levels, removing barriers to housing production, and expanding home ownership opportunities; and

4.L.a
Packet Pg. 338 Attachment: 2025.08.12 - ROI_Small Lot Subdivisions and Duplexes and Lot Splits in R1 [Revision 1] (7244 : ROI for SB 1123 and SB 9) 5 WHEREAS, on July 29, 2025, the City Council adopted emergency Interim Zoning Ordinance Number 2821 (IZO 2821), extending IZO 2816 until December 31, 2026 and amending the interim zoning regulations to include Council direction from June 10, and further provided direction to start the process for amending the text of the Zoning Ordinance to add the interim zoning regulations set forth in IZO 2821; and WHEREAS, pursuant to Programs 4.E and 4.F of the City’s 6th Cycle (2021-2029) Housing Element, City Council adopted implementation of Senate Bill (SB) 9 on April 11, 2023, as Santa Monica Municipal Code Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential, with the local amendments to allow for more than four units on parcels 10,000 square feet or greater; and WHEREAS, since local implementation, SB 9 was revised by SB 450, taking effect January 1, 2025, which amended the law to:
• Remove the option to prohibit projects that would result in the demolition of more than 25% of existing exterior walls
• Make clear that a local agency cannot impose objective standards to lot split/duplex projects unless: 1) the standards apply uniformly within the zone; or 2) the standards are more permissive than standards in the underlying zone • Remove authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment (the authorization to deny based on a written finding that the proposed project would have a specific, adverse impact on public health or safety remains in place).

4.L.a
Packet Pg. 339 Attachment: 2025.08.12 - ROI_Small Lot Subdivisions and Duplexes and Lot Splits in R1 [Revision 1] (7244 : ROI for SB 1123 and SB 9) 6 • Require an agency to approve or deny applications within 60 days of a complete application otherwise will be deemed approved.
• Make additional legislative findings to clarify that SB 9 applies to all cities, including charter cities; and
WHEREAS, in addition to the state law required amendments, on January 28, 2025, in order to facilitate diverse housing choices in the City’s highest opportunity areas, in conjunction with necessary updates arising out of SB 450, the City Council gave direction to return amendments to the City’s regulations governing ministerial approval for certain lot splits and duplexes on parcels zoned for single-unit residential by: (1) removing the owner-occupancy requirement for lot splits and duplexes and clarifying that vacant or demolished parcels, as well as lots with approved demolition permits, are eligible for lot splits and duplexes, (2) allowing one roof deck per unit, and (3) ensuring that no standard within this ordinance or the underlying zoning district shall preclude the construction of 2 units, not including ADUs, of at least 1200 square feet each; and WHEREAS, on May 13, 2025, the City Council conducted a duly noticed hearing, and, after considering all oral and written testimony, on May 27, 2025, adopted Ordinance Number 2814, which, in part, amended Section 9.31.125 to (1) remove the owneroccupancy requirement for lot splits and duplexes and clarifying that vacant or demolished parcels, as well as lots with approved demolition permits, are eligible for lot splits and duplexes, (2) allow one roof deck per unit, and (3) ensure that no standard within this ordinance or the underlying zoning district shall preclude the construction of 2 units, not including ADUs, of at least 1500 square feet each; and

4.L.a
Packet Pg. 340 Attachment: 2025.08.12 - ROI_Small Lot Subdivisions and Duplexes and Lot Splits in R1 [Revision 1] (7244 : ROI for SB 1123 and SB 9) 7 WHEREAS, subsequent to the City Council’s adoption and amendment of Section

9.31.125, the City has received preliminary informal advice from the California Department of Housing and Community Development (HCD) indicating that a separation of the statutory requirements under SB 9/450 and the provisions of the City’s regulations related to duplexes and lot splits on parcels zoned for single-unit residential would be favorable for HCD’s review; and
WHEREAS, the City Council now desires to separate the statutory requirements of SB 450 and the City’s expanded regulations related to duplexes and lot splits on parcels zoned for single-unit residential to clarify those amendments made pursuant to state law requirements under SB 9/450 and those created pursuant to the City’s local authority; and
WHEREAS, additional amendments to SMMC Chapter 9.31, Standards for Specific Uses and Activities, and SMMC Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential, will be desirable to comply more closely with State law and to allow for lot splits and duplexes in single-unit residential zoning districts pursuant to prior Council direction; and
WHEREAS, the City Council now wishes to direct the Planning Commission to initiate an amendment to the text of the City’s Zoning Ordinance related to projects utilizing state law permitting small lot subdivisions under 10 units and projects consisting of duplexes and lot splits for parcels zoned for single unit residential.

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

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Packet Pg. 341 Attachment: 2025.08.12 - ROI_Small Lot Subdivisions and Duplexes and Lot Splits in R1 [Revision 1] (7244 : ROI for SB 1123 and SB 9) 8 SECTION 1. Pursuant to Santa Monica Municipal Code Section 9.46.030(A), the City Council does hereby direct the Planning Commission to initiate an amendment to the text of the City’s Zoning Ordinance related to projects utilizing state law permitting small lot subdivisions under 10 units and projects consisting of duplexes and lot splits for parcels zoned for single unit residential.

SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter, the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

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Packet Pg. 342 Attachment: 2025.08.12 - ROI_Small Lot Subdivisions and Duplexes and Lot Splits in R1 [Revision 1] (7244 : ROI for SB 1123 and SB 9) 1 David Yakobson
From: Nikki Kolhoff <[email protected]>
Sent: Tuesday, August 12, 2025 11:58 AM
To: councilmtgitems
Cc: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Natalya Zernitskaya; Ellis Raskin; Barry Snell
Subject: City Council 8/12/25 - Item 4-L SB9 Coverup - OPPOSE

EXTERNAL
Dear City Council -
Please oppose Item 4-L and instead repeal the unlawful ordinance.

I am not sure how this even made it onto the agenda as a consent item, given the gravity of the situation. It looks like this was a conscious effort to cover up the fact that your prior ordinance violated state law.

You passed an ordinance that you misleadingly claimed was about implementing SB9. This was not true because your ordinance contained provisions that not only had nothing to do with SB9, but also the removal of owner occupancy violated state law.

Your Planning Commission said not to do this. Residents overwhelmingly said not to do this. But your
hubris told you to move forward anyway. Most of this appears to be motivated by helping ONE developer whose projects on Stanford and Ashland can only move forward if owner occupancy is removed. And now the HCD has told you it wasn't ok and has asked you to pass one ordinance to implement SB9 and another for your totally optional changes so the HCD can review those.

You are trying to hide this by directing staff to prepare modified ordinances, but the unlawful ordinance should be repealed NOW. We should not continue to operate under unlawful ordinances while you fix your mess. That allows developers to move forward under false pretenses and will lead to more litigation the city cannot afford.

Do the right thing. Admit you were wrong and repeal the ordinance.

Also, you need to stop focusing on market-rate housing incentives under the guise of a fake emergency. We do not have a housing supply emergency, we have an affordability problem. We have overproduced on our RHNA market-rate numbers - more than doubling our assigned target only halfway through the cycle. We need to HALT zoning changes that incentivize more market rate development because we are NOT required to build more of that under RHNA! Also, where is our MID-CYCLE RHNA REVIEW? We are now halfway through the 8-year cycle and neither council nor staff are the slightest bit introspective. We need to press pause and assess where we are, what has worked, what hasn't, and tailor any remaining development in this cycle to the targets we haven't met.

Item 4-L
August 12, 2025
Item 4-L
August 12, 2025

4.L.b
Packet Pg. 343 Attachment: Written Comments [Revision 1] (7244 : ROI for SB 1123 and SB 9) 2 Your failure to focus on the RHNA targets we haven't met risks throwing us into Builder's Remedy. If you continue on this path, the only conclusion to draw is that you want Builder's Remedy to happen.

Regards,
Nikki Kolhoff
Santa Monica Resident
Item 4-L
August 12, 2025
Item 4-L
August 12, 2025

4.L.b
Packet Pg. 344 Attachment: Written Comments [Revision 1] (7244 : ROI for SB 1123 and SB 9) 3 David Yakobson
From: Mark Borenstein <[email protected]>
Sent: Tuesday, August 12, 2025 10:48 AM
To: councilmtgitems
Subject: Objection to Item 4-L on tonight's city council agenda

EXTERNAL
Statement to City Council on Item 4-L.

Item 4-L is a cover up for the illegal amendment of the SB9 ordinance to remove the owner occupancy requirement (although you can’t tell that in the word salad of the resolution). Remember the history here. The City secretly processed the SB9 application of Stanford del Mar LLC, whose members, Stephen Anderson and Eric Silverberg, are close friends of several council members. When the neighbors on Stanford Street sued Santa Monica because a corporation can’t split a lot under SB9, the state Housing and Community Development Agency agreed with the Stanford neighbors, and the project on Stanford Street was stopped.

Not to be undone, three council members proposed to eliminate the owner occupancy from the Santa Monica ordinance altogether, again to help Mr. Anderson and Mr. Silverberg. The Stanford neighbors called out the obviously illegal ordinance since owner occupancy is required by state law. The State again agreed with the Stanford neighbors and told Santa Monica to amend ordinance to conform to the state law on owner occupancy. That’s why you have this resolution that should, but does not mention owner occupancy..

The resolution tries to hide the illegality of the amended SB9 ordinance. The Santa Monica ordinance never combined SB9 with SB1123. You don’t need to send a resolution to the Planning Commission so the SB9 ordinance will “comply more closely with State law.” It did before you improperly amended the SB9 ordinance in May. Just repeal the amended SB 9 ordinance. The Planning Commission already advised you not to eliminate owner occupancy. Hundreds of citizens objected to the removal of the owner occupancy requirement. You ignored them all.

If you want the Planning Commission to consider other lot split approaches without owner occupancy, based on the City’s authority under the Subdivision Map Act, good luck with that. But don’t keep the illegal, amended SB9 ordinance on the books, while the Planning Commission considers something else. Repeal the May 27, 2025, amended SB9 ordinance now. And admit the obvious-- you acted illegally (and arrogantly) when you tried to remove owner occupancy from the SB9 ordinance last May.

Mark Borenstein, Stanford Street
Item 4-L
August 12, 2025
Item 4-L
August 12, 2025

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Packet Pg. 345 Attachment: Written Comments [Revision 1] (7244 : ROI for SB 1123 and SB 9) 1 David Yakobson
From: Noma Boardmember <[email protected]>
Sent: Monday, August 11, 2025 10:48 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Oliver Chi; councilmtgitems
Cc: Bruce Leddy
Subject: Aug. 12, 2025, ITEM 4.L. - Comments

EXTERNAL
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

TO: Mayor Negrete, Council Members, and City Manager Chi RE: ITEM 4.L, August 12, 2025 – COMMENTS
The Board of NOMA urges Council to remove Item 4.L. from the consent calendar and discuss its implications publicly.

In the interest of public transparency, Council needs City staff to explain and clarify what amendments to City code are being contemplated to, “comply more closely with State law and to implement local provisions for duplexes and lot splits in single-unit residential zoning districts.” (Staff Report) Additionally, the Council has required accommodation of considerably greater residential density and more relaxed development standards than state law requires. We learned in our recent August NOMA meeting that the Council has required these accommodations without consulting with SMFD concerning fire hazards and risks, which is potentially a catastrophic oversight.

We encourage the council to take the following steps to remedy the potential risk to public safety:

1. In light of the Fire Hazard Severity Zones in our neighborhood, the City must, without delay, revisit the SB 9/SB 450 (SMMC 9.31.25) ordinance and the SB 1123 Emergency Interim Zoning Ordinance (EIZO) in consultation with SMFD and the Fire Marshal.

Please amend the resolution to direct the Planning Commission to assess all ministerial review of increased residential density and relaxed development standards in and around the High Fire Hazard Severity Zones in coordination with SMFD, the Fire Marshal, and any other relevant departments.

2. Please suspend ministerial review of SB 9 applications in the Very High Fire Hazard Zone and amend the resolution to direct the Planning Commission to consider and recommend to the Council what specific fire hazard mitigation measures to add to and specify in the City’s SB 9/SB 450 ordinance (SMMC Section 9.31.125).

3. Please amend the resolution to direct the City Attorney, in coordination with SMFD, the Fire Marshal, and other relevant departments to review other cities’ SB 9/SB 450 ordinances and policies in connection with High Fire Hazard Severity Zones, including, but not limited to, required fire hazard mitigation measures, and direct the Planning Commission, upon receipt of written findings and conclusions from that review, to recommend specified fire hazard mitigation measures to add to the City’s SB 9/SB 450 ordinance, and any other relevant additions to that ordinance.

4. There exist inconsistencies in state law, such that fire hazard mitigation measures are required for SB 9/SB 450 projects in both the Very High and the High Fire Hazard Severity Zones in the State Responsibility Areas (SRAs), but only in the Very High Fire Hazard Zone (VHFHSZ) in the Local Responsibility Areas (LRAs) (Government Code § 65852.21), and there is a comparable inconsistency with respect to prohibiting ministerial subdivisions in the SB 1123 law (Government Code § 66499.41(a)) Item 4-L
August 12, 2025
Item 4-L
August 12, 2025

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Packet Pg. 346 Attachment: Written Comments [Revision 1] (7244 : ROI for SB 1123 and SB 9) 2 Please direct the City Attorney to consider this inconsistency in state law, and upon receipt of findings and conclusions consider directing the City’s lobbyists to advocate for aligning the treatment of LRAs with SRAs in these laws.

5. Please also direct the City Manager, in coordination with SMFD, the Fire Marshal, and other relevant departments to consider the seemingly arbitrary boundary between the VHFHSZ to the HFHSZ in our neighborhood, such that SB 9 projects are restricted and SB 1123 projects are prohibited on one lot and those projects are unrestricted on adjoining lots, and to make recommendations to the Planning Commission for mitigating against arbitrary distinctions from one lot to the next with respect to ministerial review of SB 9/SB 450 and SB 1123 applications.

6. Due to the Council’s delay in consulting SMFD and the city Fire Marshal regarding fire hazard and fire risk associated with allowing ADUs in ministerial subdivisions (as noted above), please rescind the recently adopted SB 1123 Emergency Interim Zoning Ordinance (EIZO), until the above considerations are brought before council for your consideration.

Thank you for your attention to our comments.

The Board of NOMA
smnoma.org
[email protected]
Item 4-L
August 12, 2025
Item 4-L
August 12, 2025

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Packet Pg. 347 Attachment: Written Comments [Revision 1] (7244 : ROI for SB 1123 and SB 9) 8 David Yakobson
From: Zyg Xzgh <[email protected]>
Sent: Wednesday, August 6, 2025 4:49 PM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Council Mailbox
Subject: Develop Boulevards, Not Neighborhoods
Please keep single family zoning intact.

Do not upzone parking lots.

Some people want to live in buildings, some want to live on flat parcels. Neither has to be a mandate ---- it is a choice. Please keep the choice for people who want smaller parcels and lower density. There are plenty of major thoroughfares that can be developed with multi-unit buildings. These do not belong in Sunset Park.

You should have challenged the State's mandate for 10000 units of new housing. But you didn't. Please do not exacerbate that mistake.

Sincerely,
Yancy
Item 4-L
August 12, 2025
Item 4-L
August 12, 2025

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Packet Pg. 348 Attachment: Written Comments [Revision 1] (7244 : ROI for SB 1123 and SB 9) City Council
Report
City Council Meeting: August 12, 2025
Agenda Item: 4.M
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of Second Amendment to the RAND Development Agreement
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on July 29, 2025, the City Council introduced for first reading an Ordinance approving the second amendment to the RAND Development Agreement.

The ordinance is now presented to the City Council for adoption.

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

A. RAND Ordinance Second Amendment DA

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Packet Pg. 349
1 City Council Meeting: August 12, 2025 Santa Monica, California ORDINANCE NUMBER 2822 (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA APPROVING THE SECOND AMENDMENT TO THE RAND

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA MONICA, A

MUNICIPAL CORPORATION, AND THE RAND CORPORATION, A CALIFORNIA

NON-PROFIT CORPORATION
WHEREAS, pursuant to California Government Code Section 65864 et seq., and Chapter 9.60 of the Santa Monica Municipal Code (collectively, the “Development Agreement Statutes”), the City is authorized to enter into binding development agreements with persons or entities having a legal or equitable interest in real property for the development of such real property; and
WHEREAS, RAND and the City entered into that certain Development Agreement for construction of a Project dated November 23, 2000, and recorded in the Official Records of the County of Los Angeles on February 1, 2001, as Instrument No. 01- 0176770 and that certain Amendment No. 1 to Development Agreement dated August 14, 2012, and recorded in the Official Records of the County of Los Angeles on February 6, 2013, as Instrument No. 20130191602 (collectively the “First Amended Agreement”); and
WHEREAS, RAND’s original Development Agreement provided vested rights and permitted uses for a Project consisting of the construction of RAND’s headquarters building at 1776 Main Street in Santa Monica, CA; and
WHEREAS, the Project, including its approximately 314,355 square foot existing building with 811 parking spaces, has been constructed, maintained and occupied by

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Packet Pg. 350 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) 2 RAND and its employees and invitees pursuant to the First Amended Agreement for over 20 years; and
WHEREAS, on August 1, 2023, an application to amend the First Amended Agreement (23ENT-0137, the “Second Amendment” or “Second Amendment to Development Agreement”) pursuant to the Development Agreement Statutes and an amendment to the Civic Center Specific Plan (23ENT-0142, the “CCSP Amendment” Application) to ensure consistency between the Second Amendment and the Civic Center Specific Plan (“CCSP”), were submitted by RAND and all necessary costs and fees associated with the City’s processing of both applications were paid by RAND; and WHEREAS, the primary purposes of the Second Amendment are to (a) broaden the permitted uses allowed within the Project and remove barriers to leasing and/or transfer of the Project Site consistent with City goals and policies to create a vibrant mixed-use environment in the Civic Center district, (b) provide the City with additional project and community benefits, (c) establish that future improvements, changes, and/or modifications to the Project shall be, with limited exceptions, governed by the SMMC in effect at the time the improvements, changes and/or modifications are proposed, and (d) extend the term of the Development Agreement; and
WHEREAS, the City Council has (a) specifically considered and approved the impacts and benefits of the Second Amendment and has concluded that this Second Amendment is consistent with the objectives, policies, general land uses and programs specified in the General Plan and CCSP, (b) determined that the uses authorized by the Second Amendment are compatible with the uses authorized in the Civic Center Village Special Use District, (c) determined that the Second Amendment will not be detrimental

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Packet Pg. 351 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) 3 to the health, safety or general welfare or adversely affect the orderly development of the Project Site, (d) concluded the Second Amendment will have a positive fiscal impact on the City, (e) determined that the City has complied with all procedures required by the Development Agreement Statutes with respect to this Second Amendment, and (f) duly authorized the City to enter into and perform its obligations under this Second Amendment; and
WHEREAS, on June 18, 2025, the City’s Planning Commission held a duly noticed public hearing on the Second Amendment and CCSP Amendment, and at such hearing, the Planning Commission recommended that the City Council (i) find the Second Amendment and CCSP Amendment to be exempt from CEQA pursuant to State CEQA Guidelines Section 15301 and (ii) approve the Second Amendment and CCSP Amendment; and
WHEREAS, on July 29, 2025, the City Council of the City of Santa Monica held a duly noticed public hearing on the Second Amendment and CCSP Amendment, and at such hearing the City Council (i) found the Second Amendment and CCSP Amendment to be exempt from CEQA pursuant to State CEQA Guidelines Section 15301, (ii) adopted Resolution No. 11690 (CCS) approving the CCSP Amendment, and (iii) introduced for First Reading Ordinance No. 2822 (CCS) approving this Second Amendment and authorizing its execution by the City Manager; and
WHEREAS, the proposed Second Amendment to the RAND Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the Land Use and Circulation Element (“LUCE”) and CCSP as described

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Packet Pg. 352 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) 4 below and as detailed in the accompanying City Council staff report prepared for this Project and exhibits thereto, including but not limited to the following findings (“Findings”):
1) The proposed Second Amendment to Development Agreement for the RAND property is consistent with the objectives, policies, general land uses, and programs specified in the City’s General Plan. More specifically, the RAND property is located in the LUCE's Civic Center District. In addition to the district having government uses and expanded open space, the LUCE states that “commercial, retail, office, affordable, workforce and market-rate housing, and community facilities such as early childhood centers are also allowed in this mixed use area.” In this regard, LUCE Policy D15.1 states: "Create a diverse mix of uses and activities in the Civic Center, including government uses, parks and open space, affordable, workforce and market-rate housing, retail, office and cultural uses." RAND has proposed to expand permitted land uses for the property to allow different types of commercial uses such as business and professional and creative offices, media production, and limited life sciences research and development – all of which are similar in character to the building’s existing “institutional office” use.

This proposal also includes neighborhood-serving retail, restaurants, and business services. All of these land uses support the goals and vision for the Village Special Use District while also not impacting neighboring properties. RAND’s Second Amendment also focuses on the Civic Center through the commitment to support early childhood initiatives and to create an opportunity for sharing existing parking resources. Accordingly, this project is also consistent with the following LUCE goals and policies:

• “Create a diverse mix of uses and activities in the Civic Center, including government uses, parks and open space, affordable, workforce and market rate housing, retail, office and cultural uses.” (Policy D15.1.) • “Create an economic base that satisfies the commercial service needs to the City’s residents while providing employment opportunities and a strong fiscal infrastructure for the City.” (Goal E1.)
• “Make land use decisions that respond to changing market conditions and meet the needs to City residents and visitors.” (Policy E1.1.) • “Judiciously manage the growth of existing and new uses that can generate the greatest potential for fiscal well-being and ensure financial support for a high level of public services.” (Policy E1.2.)
• “Support the continued viability of existing office uses and local-serving offices as a means of supporting high-quality public services.” (Goal E9.)

2) The proposed Second Amendment to Development Agreement for the RAND property is compatible with the uses authorized in the district in which the real

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Packet Pg. 353 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) 5 property is located in the Civic Center District and with the existing uses on site.

More specifically, in addition to the district having government uses, open space, and multi-unit residential, the LUCE states that “commercial, retail, office, affordable, workforce and market-rate housing, and community facilities such as early childhood centers are also allowed in this mixed-use area.” RAND's proposal to establish additional permitted commercial uses including categories of offices, media production, limited life sciences research and development, and retail, restaurant, and business services is consistent with government uses, open space, and residential uses and is consistent with RAND’s existing office building on the property.

3) RAND’s proposal to expand permitted land uses to allow different types of commercial uses such as general and creative offices, media production, and limited life sciences research and development – all of which are similar in character to the “institutional office” use – along with neighborhood-serving retail, restaurants, and services support the goals and vision for a vibrant, diverse, and active Village Special Use District while also not impacting neighboring properties.

4) The proposed Second Amendment to Development Agreement for the RAND property is in conformity with the public necessity, public convenience, general welfare, and good land use practices, in that objectives for the Civic Center District are supported by the expansion of permitted uses for the RAND building and the associated community benefits that have been negotiated. More specifically, by specifying additional permitted office uses for the property, the RAND building has the opportunity for greater utilization and occupancy which in turn will support commerce and activity in the Civic Center. A significant community benefit contribution in the sum of $5.5 Million will be made to support City services. In addition, a $40,000 annual contribution from RAND to the Santa Monica Early Childhood Lab School will continue and be extended ten additional years. These community benefits will support City services and early childhood initiatives and will also benefit the public and Civic Center District.

5) The proposed Second Amendment to Development Agreement for the RAND property will not be detrimental to the health, safety and general welfare, in that the amendment would allow for a broader range of permitted uses for the project site, including business and professional office, creative office, banks and financial institutions, business services, limited life sciences research and development, media production support facilities, retail, and restaurant uses. These uses are consistent with existing uses in the Civic Center District – and are compatible with and consistent in character with the RAND’s existing institutional office building. No new construction or Floor Area is proposed.

6) The proposed Second Amendment to Development Agreement for the RAND property will not adversely affect the orderly development of the property.

Specifically, the additional permitted land uses proposed for the property would

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Packet Pg. 354 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) 6 integrate seamlessly into RAND’s existing institutional office building on the property and within the Civic Center District. The building has been well maintained since its construction in 2004 and the additional permitted land uses authorized by the Second Amendment do not require additional floor area or building height.

7) The proposed Second Amendment to Development Agreement for the RAND property will have a positive fiscal impact on the City in that a significant community benefit contribution in the sum of $5.5 Million will be made to support City services.

In addition, a $40,000 annual contribution from RAND to the Santa Monica Early Childhood Lab School will continue and be extended ten additional years to the new Agreement expiration in November 23, 2065.

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

SECTION 1. The above referenced recitals are true and correct and incorporated herein by reference.

SECTION 2. Based upon Findings 1-7, the Second Amendment to Development Agreement attached hereto as Exhibit 1 and incorporated herein by reference by and between the City of Santa Monica, a municipal corporation, and the RAND Corporation, a California non-profit corporation, is hereby approved.

SECTION 3. Each and every term and condition of the Second Amendment to Development Agreement approved in Section 2 of this Ordinance shall be and is made a part of the Santa Monica Municipal Code and any appendices thereto. The City Council of the City of Santa Monica finds that public necessity, public convenience, and general welfare require that any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Second Amendment to Development Agreement, to the extent of such inconsistencies and no further, be repealed or modified

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Packet Pg. 355 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) 7 to that extent necessary to make fully effective the provisions of this Second Amendment to Development Agreement.

SECTION 4. Any provision of the Santa Monica Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall be effective 30 days from its adoption.

APPROVED AS TO FORM:
______________________________
Douglas Sloan, City Attorney

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Packet Pg. 356 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) 8 EXHIBIT 1

DEVELOPMENT AGREEMENT
[behind this page]

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Packet Pg. 357 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) Recording Requested By:

City of Santa Monica
When Recorded Mail To:

City of Santa Monica
Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, CA 90401
Attention: City Attorney
No Recording Fee Required
California Government Code Section 27383
Space Above Line For Recorder’s Use
AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT

BY AND BETWEEN

CITY OF SANTA MONICA
AND

THE RAND CORPORATION
__________________, 2025

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Packet Pg. 358 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) 1 AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT
THIS AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT (“Second
Amendment”), dated for reference purposes only ______________, 2025, is entered into by and between THE RAND CORPORATION, a California non-profit corporation ("RAND" or "Owner") and THE CITY OF SANTA MONICA, a municipal corporation organized and existing pursuant to the laws of the State of California and the Charter of the City of Santa Monica (“City”), with reference to the following facts:

RECITALS
A. Pursuant to California Government Code Section 65864 et seq. and Chapter 9.60 of the Santa Monica Municipal Code (collectively, the “Development Agreement Statutes”), the City is authorized to enter into binding development agreements and amendments thereto with persons or entities having a legal or equitable interest in real property for the development of such real property.

B. RAND is a mission-driven, non-profit research organization that develops solutions to public policy challenges to help make communities throughout the world safer and more secure, healthier and more prosperous. RAND strives to be careful stewards of its resources to maximize the funding available to support its research and analysis.

C. RAND and the City entered into that certain Development Agreement dated November 23, 2000 and recorded in the Official Records of the County of Los Angeles on February 1, 2001 as Instrument No. 01-0176770 and that certain Amendment No. 1 to Development Agreement dated August 14, 2012 and recorded in the Official Records of the County of Los Angeles on February 6, 2013 as Instrument No. 20130191602 (collectively the “2012 Amended Agreement”).

D. In accordance with Section 2.5.2 of the 2012 Amended Agreement, the City’s Community Development Director (formerly referred to as the Planning and Community Development Director and/or Planning Director) approved Minor Modifications to the 2012 Amended Agreement on June 16, 2011 and January 20, 2023 (the “Minor Modifications”). The 2012 Amendment Agreement and Minor Modifications are collectively referred to herein as the “First Amended Agreement.”
E. The First Amended Agreement vests in RAND the right to build and use certain improvements described therein (the “Project”) subject to satisfaction of certain conditions, obligations and restrictions set forth therein. When RAND sought City approval for the Project in 2000, it envisioned the Project would be its “forever home” in Santa Monica.

F. The Project, including its approximately 314,355 square foot existing building with 799 parking spaces, has been constructed, maintained and occupied by RAND and its employees and invitees pursuant to the First Amended Agreement for over 20 years.

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Packet Pg. 359 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) 2 G. The Project is located on land owned by RAND and located in the City of Santa Monica, County of Los Angeles, State of California, commonly known as 1776 Main Street, Santa Monica, as more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference (collectively, the “Project Site”).

H. The Project Site is located in (1) the Land Use and Circulation Element’s (“LUCE”) Civic Center District, (2) the Civic Center Specific Plan (“CCSP”) area’s “The Village Special Use District”, (3) the Zoning Ordinance’s Civic Center district, and (4) the Coastal Zone.

I. The LUCE calls for a diverse mix of uses in the Civic Center District where the Project is located. (LUCE Chapter 2.1, p. 2.1-57.) In this regard, LUCE Policy D15.1 states:
"Create a diverse mix of uses and activities in the Civic Center, including government uses, parks and open space, affordable, workforce and market-rate housing, retail, office and cultural uses.”
J. Similar to the LUCE, the CCSP envisions a “vibrant mixed-use neighborhood” in The Village Special Use District where the Project Site is located. (CCSP, p. 61.) Moreover, one of the CCSP’s established Planning Principles is to "recycle underutilized lands with complementary new uses that help to diversify and energize the area and enhance its role and meaning in the [C]ity.” (CCSP, p. 8.) The CCSP (Policy VD-29) provides that the Project Site is subject to a development agreement.

K. Since approval over 24 years ago of the original development agreement in 2000, RAND’s employee and visitor utilization/occupancy of the Project has fundamentally changed, in large part due to “work-from-home” mandates resulting from the COVID-19 pandemic that ultimately led to dramatic and permanent changes in RAND employee work location policy and employee and visitor occupancy/utilization of the Project. Notably, only an average of 225 employees come to the Project on any given day (less than 25% of the Project’s employee capacity). Such low utilization of the Project represents inefficient use of RAND’s financial capital, and with so few employees in a relatively large facility, the work environment is uninviting and uninspiring. The unnecessary spending on facilities reduces resources that could be used directly for research, thus harming RAND’s nonprofit mission.

L. The Project's underutilization results in a significant decrease in daily office visits, foot traffic, and patronage of local businesses, harming the vitality of the Civic Center and Downtown areas and conflicting with the LUCE and CCSP goals and polices for the Civic Center District. It is also harmful to the area businesses and civic amenities that formerly benefited from the patronage of RAND’s full workforce.

M. RAND’s First Amended Agreement has a fifty-five (55) year term through November 22, 2055, and, among other things, on its face restricts use of the Project and Project Site to RAND (with very limited exceptions) and includes significant limitations on RAND's ability to lease and transfer/sell the Project and Project Site absent an amendment to the First Amended Agreement.

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Packet Pg. 360 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) 3 N. On August 1, 2023, after monitoring the Project’s occupancy/utilization data since “work-from-home” mandates were lifted and more than a year after RAND permanently changed its employee work location policy to allow most employees to work remotely when they desire to do so, RAND filed the following applications: (a) an application to amend the First Amended Agreement pursuant to the Development Agreement Statutes to terminate the First Amended Agreement before its original 55-year term subject to the satisfaction of certain conditions (23ENT-0137, the “Second Amendment Application”), (b) an application to amend the CCSP to contemplate a broader range of uses within the Project and a non-RAND property owner (23ENT-0142, the “CCSP Amendment”), and (c) an application to amend the Zoning Ordinance to allow a broader range of uses within the Project (23ENT-0143, the “Zoning Amendment”). As more fully described herein, the Second Amendment Application and the CCSP Amendment have been revised since the initial filing. Notably, the Second Amendment Application has been revised to, among other things, amend the First Amended Agreement (rather than terminate the agreement) to (i) expand the scope of allowable users/uses of the Project and Project Site, (ii) revise the transfer provisions to allow lease and/or sale of the Project and Project Site, (iii) add project and community benefits accruing to the City, and (iv) extend the term of the Agreement. After the Second Amendment Application was revised to amend rather than terminate the First Amended Agreement, the City determined that the Zoning Amendment was no longer necessary. Upon approval of the Second Amendment Application and CCSP Amendment, RAND will withdraw the Zoning Amendment.

O. RAND has paid all necessary costs and fees associated with the City’s processing of the Second Amendment Application and the CCSP Amendment.

P. The primary purposes of the Second Amendment are to (a) broaden the permitted uses allowed within the Project and remove barriers to leasing and/or transfer of the Project Site consistent with City goals and policies to create a vibrant mixed-use environment in the Civic Center district, (b) provide the City with additional project and community benefits, (c) establish that future improvements, changes, and/or modifications to the Project shall be, with limited exceptions, governed by the SMMC in effect at the time the improvements, changes and/or modifications are proposed, and (d) extend the term of the Agreement.

Q. The Parties desire to enter into this Second Amendment in conformance with the Development Agreement Statutes in order to remove barriers to full occupancy of the Project and leasing and/or transfer of the Project and Project Site.

R. The City Council has (a) specifically considered and approved the impacts and benefits of the Second Amendment and has concluded that this Second Amendment is consistent with the objectives, policies, general land uses and programs specified in the General Plan and CCSP, (b) determined that the uses authorized by the Second Amendment are compatible with the uses authorized in the Civic Center district, (c) determined that the Second Amendment will not be detrimental to the health, safety or general welfare or adversely affect the orderly development of the Project Site, (d) concluded the Second Amendment will have a positive fiscal impact on the City, (e) determined that the City has complied with all procedures required by the Development Agreement Statutes with respect to this Second Amendment, and (f) duly authorized the City to enter into and perform its obligations under this Second Amendment.

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Packet Pg. 361 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) 4 S. The City Council has found that the provisions of this Second Amendment are consistent with the relevant provisions of the City’s General Plan, including the LUCE, the CCSP, and the Local Coastal Program, Land Use Plan in effect on the Second Amendment Effective Date.

T. On June 18, 2025, the City’s Planning Commission held a duly noticed public hearing on the Second Amendment and CCSP Amendment, and at such hearing, the Planning Commission recommended that the City Council (i) find the Second Amendment and CCSP Amendment to be exempt from CEQA pursuant to State CEQA Guidelines Section 15301 and (ii) approve the Second Amendment and CCSP Amendment.

U. On July 29, 2025, the City Council of the City of Santa Monica held a duly noticed public hearing on the Second Amendment and CCSP Amendment, and at such hearing the City Council (i) found the Second Amendment and CCSP Amendment to be exempt from CEQA pursuant to State CEQA Guidelines Section 15301, (ii) adopted Resolution No. _______ (CCS) approving the CCSP Amendment, and (iii) introduced for First Reading Ordinance No. _______ (CCS) approving this Second Amendment and authorizing its execution by the City Manager.

V. On August 12, 2025, the City Council adopted on Second Reading Ordinance No. _______ (CCS) approving the Second Amendment.

NOW THEREFORE, in consideration of the foregoing and the covenants and conditions hereinafter set forth, the City and RAND hereby agree as follows:

1. Definitions.

1.1 “Agreement” means the First Amended Agreement as modified by this Second Amendment entered into between the City and Owner as of the Second Amendment Effective Date. This definition replaces the definition of Agreement in Section 1.1 of the First Amended Agreement.

1.2 “RAND” or “Owner” shall both be construed to mean the owner of the Project Site, regardless of whether such owner is RAND unless the context requires otherwise. In anticipation of a future transfer of the Project Site and to avoid future confusion, this Second Amendment (other than in the Recitals) utilizes the short title “Owner” for the owner of the Project Site.

2. The First Amended Agreement Terms and Conditions Deleted and Superseded.

The First Amended Agreement shall remain in effect, except as expressly modified by this Second Amendment. It is the intent of the Parties to construe and interpret this Second Amendment as: (i) implementing the Second Amendment; (ii) preserving the Owner’s vested rights for the Project and providing vested rights for changes in use on the Project Site consistent with this Second Amendment; and (iii) not authorizing any other vested rights.

3. Conflicts. If there is a conflict or inconsistency between (a) this Second Amendment and (b) the First Amended Agreement, this Second Amendment shall prevail.

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Packet Pg. 362 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) 5 4. Project Description and Future Improvements/Modifications.

4.1 The Project is an existing non-residential building with parking and related open space. As of the Second Amendment Effective Date, the Project has 314,355 square feet of Floor Area.

4.2 Section 2.8 (Parking) of the First Amended Agreement is hereby deleted and replaced with the following:
“Except for the drop-off vehicle zones reserved at the entry court, all parking shall be located in the Project’s subterranean levels. The Project provides 799 parking spaces.”

4.3 Any future improvements, modifications and/or changes to the Project shall be governed by the SMMC in effect at the time the improvement, change, and/or modification is sought except as modified by Section 6 (Authorized Uses) of this Second Amendment below. Notwithstanding the foregoing, conversion and/or creation of up to 11,814 square feet of additional Floor Area as allowed by First Amended Agreement Section 2.2 may be processed through a Minor Modification pursuant to Section 4.4 of this Second Amendment provided that (a) the Community Development Director confirms the additional Floor Area meets all applicable requirements in the SMMC in effect at the time other than the maximum allowed Floor Area Ratio for the Project Site and (b) no building permit allowing such conversion and/or creation of additional Floor Area shall be issued by the City until either (i) the California Coastal Commission or its staff, as applicable, has approved such development or (ii) the City has approved such development pursuant to a certified Local Coastal Program and approval by the California Coastal Commission is not required for such development.

4.4 Minor Modifications. No Minor Modification or amendment to this Agreement shall be required for any future improvements, modifications and/or changes to the Project that are consistent with Sections 4.3 and 6 of this Second Amendment. Owner with the approval of the Community Development Director, may make other minor changes to the Project (“Minor Modifications”) without amending this Agreement; provided that the Community Development Director makes the following specific findings that the Minor Modifications: (i) are consistent with the Project’s approvals as approved by the City Council; (ii) are consistent with the provisions, purposes and goals of this Agreement; (iii) are not detrimental to the public health, safety, convenience or general welfare; and (iv) will not significantly and adversely affect the significant project features and community benefits included in Section 7 of this Second Amendment. The Community Development Director shall not unreasonably withhold, condition or delay approval of a request for a Minor Modification.

4.5 Modifications Requiring Amendment to this Agreement. Any proposed future improvements, modifications and/or changes to the Project which would conflict with the applicable development standards as established in this Section 4 shall require either (a) an amendment of this Second Amendment or (b) an amendment to the SMMC then in effect.

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Packet Pg. 363 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) 6 5. Other Government Approvals. Owner may apply for such other permits and approvals as may be required for development and/or use of the Project in accordance with this Second Amendment from other governmental or quasi-governmental agencies having jurisdiction over the Project Site including, without limitation, applying for issuance of a Coastal Development Permit(s) by the California Coastal Commission. The City shall express support for and reasonably cooperate with Owner in its endeavors to obtain such permits and approvals, consistent with this Second Amendment.

6. Authorized Uses and Vested Rights. The City approves the authorized uses for the Project as described in this Section 6, and Owner has the vested right to use and occupy the Project Site for the authorized uses as set forth in this Section. For the purposes of this Section 6, “SMMC” means the Santa Monica Municipal Code, including the Zoning Ordinance, in effect on the Effective Date of this Second Amendment unless specifically stated to refer to the Santa Monica Municipal Code as it may be in effect at some other time.

6.1 Permitted Uses. Permitted Uses in the Project are as specified below:
(a) Business and Professional offices and Creative offices as defined in SMMC Section 9.51.030(B)(19)(a) and (b), respectively. (b) Media Production, Support Facility as defined in SMMC Section

9.51.030(C)(6)(a).
(c) Facilities for scientific research and the design, development, and testing (but not production, assembly or manufacturing) of components and productions related pharmaceutical, biotechnology-based food and medicines, medical devices, biomedical technologies, nutraceuticals, cosmeceuticals, food processing, and other products that improve the lives of organisms; provided that (i) all such activities/uses permitted by this Section 6.1(c) shall occur within an enclosed building, (ii) in no such event shall the laboratory Floor Area exceed 40% of the Project’s Floor Area; and (iii) the Community Development Director makes a finding that such proposed uses conform with all applicable regulatory state, county or local regulatory requirements then in effect.
(d) Within the Project’s ground floor:
(i) Business Services as defined in SMMC Section

9.51.030(B)(6).
(ii) General Retail Sales, Small-Scale as defined in SMMC Section 9.51.030(B)(22)(b).
(iii) Restaurants, Full-Service and Limited Service & Take-Out as defined in SMMC Section 9.51.030(B)(8)(b) and (c) with Outdoor Dining and Seating Area as defined in SMMC Section 9.51.030(B)(8)(f) so long as each individual Restaurant tenant space(s) (not including Outdoor Dining and Seating Area) is 5,000 square feet or less.

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Packet Pg. 364 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) 7 (iv) Banks and Credit Unions as defined in SMMC Section

9.51.030(B)(4)(a) so long as each individual Banks and Credit Union tenant space(s) is 7,500 square feet or less.
(v) Convenience Market as defined in SMMC Section

9.51.030(B)(10)(a).
(vi) General Personal Services as defined in SMMC Section

9.51.030(B)(21)(a).
(e) Any other uses that are designated as permitted uses on the Project Site by the SMMC in effect at the time the use is established. (f) Uses accessory to any of the permitted uses in this Section 6.1 consistent with SMMC Section 9.52.020.2490.

Except as specifically provided herein, Owner will not be required to obtain any additional Discretionary Approvals for any of the Permitted Uses. Permitted Uses may commence in the Project upon issuance of a City business license and without any discretionary planning approvals for such uses.

6.2 RAND is a Permitted Use. City acknowledges and agrees that RAND is a permitted Business and Professional office use as defined by Section 6.1(a) of this Second Amendment above.

6.3 Uses Permitted through Minor Use Permit. A minor use permit shall be required for uses identified as requiring a Minor Use Permit in the SMMC in effect at the time the use is sought to be established, with the exception of any uses that are defined as Permitted Uses in Section 6.1 of this Second Amendment above. Uses requiring a Minor Use Permit may commence operating at the Project upon issuance of a Minor Use Permit in accordance with the procedures established in the SMMC and the issuance of a business license.

6.4 Conditionally Permitted Uses. “Conditionally Permitted Uses” include (a) all uses that are identified as Conditionally Permitted Uses in the SMMC in effect at the time the use is sought to be established, with the exception of any uses that are defined as Permitted Uses in Section 6.1 of this Second Amendment above. Conditionally Permitted Uses may commence operating at the Project upon issuance of a Conditional Use Permit (“CUP”) in accordance with the procedures established in the SMMC and the issuance of a business license.

6.5 Other Uses Subject to Discretionary City Planning Approvals. In addition to Permitted Uses, Minor Use Permit Uses, and Conditionally Permitted Uses, Owner may seek City discretionary planning approval for uses in the ground floor space and Subterranean Space that are allowed by any other City discretionary process as provided in the Zoning Ordinance in effect when the use is sought to be established. Such use(s) may not commence until the requisite City discretionary planning approval and a business license are obtained.

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Packet Pg. 365 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) 8 7. Significant Project and Community Benefits. Set forth below in this Section 7 are the significant project and community benefits to be achieved in accordance with the terms of this Second Amendment.

7.1 Monetary Contribution. Owner shall pay to the City FIVE MILLION FIVE HUNDRED THOUSAND DOLLARS ($5,500,000) (“Monetary Contribution”) as follows:

7.1.1 Three Million Five Hundred Thousand Dollars ($3,500,000) to the City on or prior to the Second Amendment Effective Date (as defined below), and

7.1.2 Two Million Dollars ($2,000,000) (the “Second Installment”) to the City prior to the earlier of (a) within fifteen (15) days after Coastal Commission approval of the Second Amendment and modification/amendment to the Project’s Coastal Development Permit, if Coastal Commission approval is legally required, (b) Owner exercising its rights (as defined in SMMC Section 9.37.090(B)) to use the Property for any of the vested uses authorized by this Second Amendment other than RAND’s continued use of the Property for Permitted Uses in Section 2.6.1 of the First Amended Agreement; or (c) Owner transferring its ownership interest in the Project Site, or any portion thereof.

If Owner has not applied to the Coastal Commission for approval of the Second Amendment and modification/amendment to the Project’s Coastal Development Permit, for any reason, within ninety (90) days of the Second Amendment Effective Date or if Coastal Commission approval is not legally required, then Owner shall pay the Second Installment to the City within 180 days of the Second Amendment Effective Date; or If Owner applies to the Coastal Commission for approval of the Second Amendment and does not obtain Coastal Commission approval for any reason within three (3) years of the Second Amendment Effective Date, then this Second Amendment, and any vested rights granted herein, shall automatically terminate on the third anniversary of the Second Amendment Effective Date without any further action required from the City unless Owner pays the Second Installment to the City before the third anniversary of the Second Amendment Effective Date. In the event of such termination, the First Amended Agreement shall remain in full force and effect.

7.1.3 Owner understands, acknowledges and agrees that the Monetary Contribution, or any portion thereof, shall not be interpreted or deemed as a “fee” within the meaning of Government Code Section 66006(c).

7.2 Additional Monetary Contribution If First Sale/Transfer of Project Site is Exempt from Measure GS.

7.2.1 Definition of Transfer. For purposes of this Section 7.2, the term “transfer” shall be interpreted to be any transfer of beneficial ownership of the Project Site, or portions thereof, or any sale or transfer of the Project Site, or portion thereof, that would be subject to taxation under California Revenue and Taxation Code Section 11911(a) and is not exempt from taxation under Sections 11921 (instrument securing debt), 11923 (conveyances under reorganization or adjustment plans), or 11924 (conveyances under order of securities and

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Packet Pg. 366 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) 9 exchange commission). For purposes of this Section 7.2, the term “transfer” includes, without limitation, any deed, instrument or writing to which the United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, is acquiring title to the Project and/or Project Site.

7.2.2 Definition of Measure GS Transfer. For purposes of this Section

7.2, the term “GS Transfer” means a transfer of the Project and/or Project Site, or portion thereof, which is subject to taxation under the City’s Third Tier Tax Rate, as defined in SMMC Section 6.96.015.

7.2.3 Additional Monetary Contribution. Solely in connection with the first transfer of the Project and/or Project Site, or portion thereof, if such first transfer does not constitute a GS Transfer for any reason, the Owner shall pay an additional monetary contribution to City in the amount of 4.6% of the amount of consideration or value paid for the transfer of the Project and/or Project Site, or portion thereof.

7.2.4 No Change to Applicability of SMMC Chapter 6.96.

Notwithstanding anything to the contrary herein, nothing in this Section 7.2 shall be interpreted to alter, modify, negate, reduce or void the applicability of SMMC Chapter 6.96 to any first or subsequent transfers of the Project and/or the Project Site, or any portion thereof, it being the mutual intent of the parties hereto to allow the City to capture additional revenue that the City would not otherwise be entitled to receive under SMMC Chapter 6.96 for the first transfer of the Project and/or Project Site, or portion thereof, if the transfer is exempt from SMMC Chapter 6.96 pursuant to SMMC Section 6.96.050.

7.2.5 Payment. Payment of the amount of any contribution due under this Section 7.2 shall be made to the City on the date the deed or other transfer document is recorded and will be payable in such manner as the City may require. Owner shall ensure that any applicable escrow instructions are consistent with this requirement.

7.2.6 Bona Fide Purchaser. Any sale or transfer of the Project Site to an affiliate of Owner or to a third party who is not a bona fide purchaser for value shall not be considered a first sale or transfer.

7.2.7 Confirmation of Satisfaction or Termination of Condition. After the first sale or transfer of the Project Site and payment of either (a) the transfer tax under SMMC Chapter 6.96 or (b) the Additional Monetary Contribution under this Section 7.2, as applicable, this Section 7.2 shall be satisfied and of no further force and effect. City shall, within thirty (30) days of written request by the Owner and proof of payment of the transfer tax under SMMC Chapter 6.96 or the Additional Monetary Contribution under this Section 7.2, as applicable, execute and record a notice against title to the Project Site in the Official Records of the County of Los Angeles confirming satisfaction of this Section 7.2. Such notice shall be in a form reasonably deemed satisfactory by Owner’s title insurer.

7.2.8. Subdivision. Notwithstanding the foregoing, if Owner pursues a subdivision of the Project Site prior to the first sale or transfer of the Project Site then, prior to recordation of the final map, City and Owner shall enter into an operating memorandum pursuant

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Packet Pg. 367 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) 10 to Section 15.21 of the First Amended Agreement clarifying application of this Section 7.2 to any future partial transfers of the Project Site. The Parties agree that the intent of the operating memorandum is to ensure that the Owner makes a contribution to the City under this Section 7.2 for the sale or first transfer of each portion of the Project Site (e.g. if Owner subdivides the Project Site into two airspace parcels – Parcels A and B – and sells or transfers Parcel A in 2028 to a governmental agency and such transfer is not a GS Transfer and then sells or transfers Parcel B in 2029 to a governmental agency and such transfer is not a GS Transfer then the contribution under this Section 7.2 shall be applied to both of these sales or transfers but not to any subsequent sales or transfers).

7.3 Right of First Offer for Parking for Off-Site Users.

7.3.1 Right of First Offer. Owner may make any unused parking within the Project available for reservation by lease or license to one or more off-site user(s) (the "Available Parking"); provided however that prior to entering into any agreements for the Available Parking to be used by off-site user(s), Owner shall first offer to lease or license the Available Parking to the City by delivery of written notice to City (the "Availability Notice").

The Availability Notice shall set forth the terms upon which Owner would be willing to lease to City the Available Parking (e.g., number of parking spaces, frequency of use of parking – days of the week and ongoing vs. occasional or specified dates, hours parking would be available, requirements for parkers to provide identification and/or be subject to background checks or other clearance process, insurance requirements, etc.), as determined by Owner in its sole discretion. City shall have thirty (30) days after receipt of the Availability Notice to accept or reject in writing the terms set forth in the Availability Notice, it being understood that City's failure to respond within the foregoing period shall be deemed a rejection of such terms. If City does not accept in writing the terms set forth in the Availability Notice within such thirty (30) day period, then City's rights under this Section shall lapse and terminate and Owner shall be entitled to lease the Available Parking to any other party on such terms as Owner desires; provided that the rental rate (taking into account adjustments for any differences between socalled "net" leases and "gross" leases) shall be at least ninety-five percent (95%) of that originally offered to City, unless Owner has first again offered the Available Parking to City for lease on the terms offered to the third party in accordance with the procedures specified above in this Section. If City accepts in writing the terms set forth in the Availability Notice, then for the period starting on the date of City's delivery of the Availability Notice to City and ending sixty (60) days thereafter (the "Waiting Period"), Owner shall not enter into any binding agreement to lease the Available Parking to any other party, provided Owner shall have the right to market the Available Parking for lease. During the Waiting Period, Owner and City shall negotiate in good faith the terms of a lease or license, consistent with the terms set forth in the Availability Notice and otherwise consistent with the terms and conditions reasonably acceptable to Owner and City.

If City and Owner fail to execute and deliver a lease or license within the Waiting Period, then City's rights under this Section shall lapse and terminate, and Owner shall be entitled to lease or license the Available Parking to any other party on such terms as Owner desires; provided that the rental rate shall be at least ninety-five percent (95%) of that originally offered to City during the Waiting Period, unless Owner has first again offered the Available Parking to the City for lease or license on the terms offered to the third party in accordance with the procedures specified above in this Section. For the avoidance of doubt, the City’s Right of First Office under

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Packet Pg. 368 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) 11 this Section 7.3 does not apply to any agreements, leases, or licenses for parking used by Project employees, contractors, and/or visitors (a/k/a on-site parking users).

7.3.2 Right of First Offer Assignable. Owner understands, acknowledges, and agrees that the City’s rights under this Section 7.3 are assignable by City, in whole or in part, to any third party designated, in writing, by City as the assignee.

7.3.3 Potential School Employee Parking. Owner may allow the Santa Monica Early Childhood Lab School located at 1802 4th Street (the “Early Childhood Lab School”) to utilize up to forty (40) spaces of Available Parking, whether or not for charge, for its employees (the “Potential School Employee Parking”) without first offering such Potential School Employee Parking to the City through the Right of First Offer process required by this Section 7.3.

7.4 Early Childhood Initiatives Contribution.

7.4.1 Effective January 1, 2026 and continuing annually thereafter for the Term, Owner shall contribute forty thousand dollars ($40,000) to the then-current non-profit operator of the Early Childhood Lab School for the purpose of offsetting tuition costs for lowincome Santa Monica resident families pursuant to guidelines established by the City (the “donation”). If City determines that the Early Childhood Lab School is either (a) not utilizing the donation as intended or (b) is no longer operating, then upon at least thirty (30) days advance written notification to the Owner, any outstanding annual payments under this Second Amendment shall be made to the City instead of to the Early Childhood Lab School. Owner shall have no obligation to ensure the Early Childhood Lab School utilizes the donation for the intended purpose.

7.4.2 Upon the Second Amendment Effective Date, Owner and City acknowledge and agree that the $125,000 being held in an account by the Early Childhood Lab School for tuition subsidies for Owner’s employees shall no longer be restricted for tuition subsidies for Owner’s employees.

7.4.3 This Section 7 replaces all Owner obligations relating to early childhood development programs under the First Amended Agreement.

8. Transfers/Assignments. Article 13 of the First Amended Agreement is hereby deleted and replaced with the following:

8.1 Transfers and Assignments.

8.1.1 Not Severable from Ownership Interest in Project Site. This Agreement shall not be severable from Owner’s interest in the Project Site and any transfer of the Project Site or any portion thereof, shall automatically operate to transfer the benefits and burdens of this Agreement with respect to the transferred Project Site or transferred portions, as applicable.

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Packet Pg. 369 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) 12 8.1.2 Transfer Rights. Owner may freely sell, ground lease, transfer, exchange, hypothecate, encumber or otherwise dispose of its interest in the Project Site (collectively referenced herein as “transfer”), without the consent of the City.

8.1.3 Transfer of Rights to the Project Site. The rights and obligations of the Owner and City under this Agreement apply to the entire Project Site upon transfer. Owner shall, however, give written notice to the City, in accordance with Section 15.1 of the Agreement (as amended by Section 11 of this Second Amendment), of any transfer of the Project Site, disclosing in such notice (a) the identity of the transferee of the Project Site (the “Property Transferee”) and (b) the address of the Property Transferee as applicable.

8.2 No Release Upon Transfer if Transferor Remains Owner. Upon the transfer of any rights and interests of Owner to the Project Site, all owners of any parcel on the Project Site shall be jointly and severally liable for compliance with this Agreement along with any and all Property Transferee(s). Upon the transfer of the entire Project Site which results in the transferor no longer having any ownership in any portion of the Project Site, then the transferor shall be released from its obligations under this Agreement once the executed Assumption Agreement is provided to the City in accordance with Section 8.3 of this Second Amendment.

8.3 Assignment to Property Transferee. Prior to any transfer, Owner shall provide written notice of such transfer to City; and the Property Transferee shall execute and deliver to City a written agreement in which the Property Transferee expressly and unconditionally assumes all of the obligations jointly and severally with all other owners of the Project Site in the form of Exhibit "B" attached hereto (the “Assumption Agreement”). Upon transfer of the Project Site and the express assumption of Owner’s obligations under this Agreement by the Property Transferee, the City shall look to all owners of any parcel on the Project Site and/or any and all Property Transferees for compliance with the provisions of this Agreement. Any such Property Transferee shall be entitled to the benefits of this Agreement as “Owner” hereunder and shall be subject to the obligations of this Agreement. Failure to deliver a written Assumption Agreement hereunder shall not affect the transfer of the benefits and burdens as provided in Section 8.1 of this Second Amendment, provided that the transferor shall remain jointly and severally liable under this Agreement along with the new Property Transferee and any other owners of the Project Site unless and until the executed Assumption Agreement is delivered to the City.

9. Extension of Term. The Parties hereby agree to extend the term of the Agreement to November 22, 2065 (the “Term”). This Section 9 of this Second Amendment modifies the definition of Term in Section 9.2.1 of the First Amended Agreement.

10. Effect of First Amended Agreement. As described in Sections 2-9 of this Second Amendment, the intent of this Second Amendment is to: (a) provide Owner with vested rights for certain additional uses of the Project Site, (b) provide the City with additional project and community benefits, (c) establish that future improvements, changes, and/or modifications to the Project shall, with limited exceptions, be governed by the SMMC in effect at the time the improvements, changes and/or modifications are proposed, (d) authorize future

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Packet Pg. 370 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) 13 transfers/assignments of the Project Site in accordance with this Second Amendment, and (e) extend the Term of the Agreement. For the avoidance of doubt and to avoid any confusion:
(a) Nothing in the First Amended Agreement, including the description of the Project and any height or Floor Area/square footage limitations in Sections 2.1 and 2.2 of the First Amended Agreement, precludes or restricts Owner from seeking future improvements, changes, and/or modifications to the Project in accordance with the SMMC then in effect.
(b) Section 2.5 (Vested Rights), including Section 2.5.2 (Minor Modifications to the Project) and Section 2.5.3 (Modifications Requiring Amendment to this Agreement), of the First Amended Agreement are hereby deleted.

(c) Section 2.6 (Uses) of the First Amended Agreement is hereby deleted except as specified in Second Amendment Section 7.1.2. (d) Nothing in this Second Amendment or the First Amended Agreement prevents Owner from utilizing any provision of State Law or the SMMC in effect at the time to improve, change or modify the Project.
(e) As of the Second Amendment Effective Date, the following sections of and exhibits to the First Amended Agreement are no longer applicable to the Project and/or any improvements, changes and/or modifications to the Project: Section 2.7 (Special Elements); Section 2.9 (Setbacks); Section 2.10 (Signage); Article 3 (Construction); Article 4 (Project Fees, Mitigation Measures and Conditions); Article 5 (Effect of Agreement on City Laws and Regulations); Article 6 (Architectural Review Board); Article 7 (City Technical Permits); Exhibits “A”-“C” and “E”-“N” to the First Amended Agreement; and Exhibit “D” to the First Amended Agreement except for Section 9.04.02.030.315 therein. (f) Notwithstanding any other provision of this Second Amendment, (i) the Parties agree that the Project Site’s Average Natural Grade is an elevation of 53 feet 4 inches (53' 4") above sea level as defined in Section 2.4.1 of the First Amended Agreement and (ii) Owner may continue to utilize the definition of Floor Area in Section 2.4.3 of the First Amended Agreement for purposes of calculating the Floor Area for the Project’s existing building (but not for additions to the existing building).

11. Notices. The addresses to be used hereafter for notices pursuant to Section 15.1 of the First Amended Agreement are hereby deleted and replaced with the following addresses:

To City:

City of Santa Monica
1685 Main Street, Room 204
Santa Monica, CA 90401
Attention: City Manager

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Packet Pg. 371 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) 14 With a copy to:

City of Santa Monica
1685 Main Street, Mail Stop 28
Santa Monica, CA 90401
Attn: Community Development Department Director
To Owner:

The RAND Corporation
1776 Main Street
Santa Monica, California 90401
Attn: Eric Peltz
With a copy to:

The RAND Corporation
1776 Main Street
Santa Monica, California 90401
Attn: Robert Case
Harding Larmore Kutcher & Kozal, LLP
1250 Sixth Street, Suite 200
Santa Monica, California 90401
Attn: Paula J. Larmore

12. Correction of Entity Name. The parties acknowledge that there was a scrivener’s error in Owner’s name in the First Amended Agreement and that Owner’s name is correctly “THE RAND CORPORATION, a California non-profit corporation”. [The remainder of this page is intentionally left blank.]

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Packet Pg. 372 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) 15 This Second Amendment is executed by the Parties on the date first set forth above and is made effective on and as of the date the ordinance approving this Second Amendment becomes effective (the “Second Amendment Effective Date”).

RAND:

THE RAND CORPORATION,
a California non-profit corporation
By: ____________________________
Name: __________________________
Title: ___________________________
CITY:

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
Name: ___________________________
Title: _____________________________
ATTEST:

By: _________________________________
Name: ______________________________
City Clerk
APPROVED AS TO FORM:

By: _________________________________
Name: ______________________________
City Attorney

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Packet Pg. 373 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) Exhibit “A”, page 1
EXHIBIT “A”

LEGAL DESCRIPTION
The Land referred to herein below is situated in the City of Santa Monica, County of Los Angeles, State of California, and is described as follows:

PARCEL 1:

ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING IN

THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,

BEING A PORTION OF THE RANCHO SAN VICENTE Y SANTA MONICA, AS PER MAP RECORDED IN BOOK 3, PAGES 30 AND 31 OF PATENTS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND LOT 11, TRACT NO. 1347, AS PER MAP RECORDED IN BOOK 18, PAGE 89 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS:

BEGINNING AT THE MOST WESTERLY CORNER OF LOT 1 OF SCOTT'S ADDITION TO SANTA MONICA, AS PER MAP RECORDED IN BOOK 7, PAGES 58 AND 59 OF

MISCELLANEOUS RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID

POINT OF BEGINNING BEING ALSO THE POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED IN PARCEL 1 IN THE DEED DATED MARCH 14, 1940 FROM

SOUTHERN PACIFIC COMPANY AND SOUTHERN PACIFIC RAILROAD COMPANY TO THE CITY OF SANTA MONICA, RECORDED ON MAY 08, 1940 IN BOOK 17489, PAGE 151 OF OFFICIAL RECORDS; THENCE NORTH 45° 15' 00" EAST, ALONG THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN PARCEL 1 IN SAID DEED DATED MARCH 14, 1940, ALSO THE NORTHWESTERLY LINE OF SAID LOT 1 AND THE NORTHEASTERLY PROLONGATION THEREOF 170.00 FEET TO A POINT IN A LINE THAT IS PARALLEL WITH AND DISTANT 20.00 FEET NORTHEASTERLY, AT RIGHT ANGLES, FROM THE NORTHEASTERLY LINES OF LOTS 1 TO 18, BOTH

INCLUSIVE OF SCOTT'S ADDITION TO SANTA MONICA, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 44° 45' 00" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 1145.69 FEET MORE OR LESS TO THE MOST SOUTHERLY CORNER OF SAID LOT 11; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT NORTH 45° 15' EAST 82.94 FEET TO A POINT IN THE

SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 1033, PAGE 296 OF DEEDS, SAID POINT BEING ALSO THE MOST EASTERLY CORNER OF SAID LOT 11; THENCE ALONG SAID SOUTHWEST LINE NORTH 12° 57' 30" WEST

58.23 FEET TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN THE

DEED FROM SOUTHERN PACIFIC RAILROAD COMPANY TO PACIFIC ELECTRIC RAILWAY COMPANY, RECORDED IN BOOK 3950, PAGE 81 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE WEST LINE OF SAID LAST MENTIONED LAND, NORTH 4° 59' 10" EAST 163.50 FEET TO THE NORTHERLY TERMINUS OF THE COURSE DESCRIBED AS NORTH 14° 45' EAST 108.45 FEET IN THE DEED FROM

PACIFIC ELECTRIC RAILWAY COMPANY TO SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 3960, PAGE 211 OF SAID

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Packet Pg. 374 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) Exhibit “A”, page 2
OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINE DESCRIBED IN SAID DEED, NORTH 0° 34' WEST 75.93, FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 528.34 FEET; THENCE NORTHERLY ALONG SAID CURVE, 23.43 FEET; THENCE NORTH 3° 06' 30" WEST 64.02 FEET, MORE OR LESS, TO THE SOUTHWESTERLY LINE OF MAIN STREET, 80 FEET WIDE, AS DESCRIBED IN THE DECREE IN CASE NO. 131082, SUPERIOR COURT, A CERTIFIED COPY OF SAID DECREE BEING RECORDED IN BOOK 4818, PAGE 195 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 44° 45' 56" WEST 871.06 FEET TO THE MOST EASTERLY CORNER OF THE LAND DESCRIBED IN SAID PARCEL 1 IN SAID DEED DATED MARCH 14, 1940; THENCE SOUTH 45° 15' 00" WEST, ALONG THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN SAID PARCEL 1, ALSO THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF SAID LOT 1, A DISTANCE OF 349.80 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.

EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE GRANT DEED TO CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, RECORDED OCTOBER 28, 1957 AS INSTRUMENT NO. 271, OF OFFICIAL RECORDS.

ALSO EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE GRANT DEED TO

THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA, A PUBLIC AGENCY, CORPORATE AND POLITIC, RECORDED APRIL 11, 2000 AS INSTRUMENT NO. 00-0537418, OF OFFICIAL RECORDS.

ALSO EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE GRANT DEED TO THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, RECORDED JULY 12, 2011 AS INSTRUMENT NO. 20110936256, OF OFFICIAL RECORDS.

PARCEL 2:

THAT PORTION OF A VACATED ALLEY, BEING A PORTION OF LOT 13 OF TRACT NO. 1347, IN THE CITY OF SANTA MONICA, LOS ANGELES COUNTY, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 18, PAGE 89 OF MAPS, IN THE

OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT WAS VACATED BY RESOLUTION NO. 2425, RECORDED MARCH 17, 1961 AS INSTRUMENT NO. 3560, OF

OFFICIAL RECORDS, THAT WOULD PASS TO THE LEGAL CONVEYANCE OF SAID PARCEL 1 ABOVE DESCRIBED.

PARCEL 3:

A PORTION OF RANCHO SAN VICENTE Y SANTA MONICA, IN THE CITY OF SANTA

MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGES 30 AND 31 OF PATENTS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT, SAID POINT BEING THE MOST NORTHERLY CORNER OF LOT 10, TRACT NO. 1347, AS PER MAP RECORDED IN BOOK 18, PAGE 89 OF MAPS, IN THE OFFICE OF SAID RECORDER;

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Packet Pg. 375 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) Exhibit “A”, page 3
THENCE NORTH 12° 57' 04" WEST ALONG THE EASTERLY LINE OF LOT 11 IN SAID TRACT NO. 1347 AND ITS NORTHERLY PROLONGATION 57.97 FEET TO THE

SOUTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED FROM SOUTHERN

PACIFIC RAILROAD COMPANY, TO PACIFIC ELECTRIC RAILWAY COMPANY, RECORDED IN BOOK 3950, PAGE 81, OFFICIAL RECORDS IN SAID OFFICE;

THENCE ALONG THE WESTERLY BOUNDARY LINE DESCRIBED IN SAID DEED, NORTH 4° 59' 36" EAST 163.50 FEET TO THE NORTHERLY TERMINUS OF THE COURSE DESCRIBED AS "NORTH 14° 45' EAST, 108.45 FEET" IN THE DEED FROM

PACIFIC ELECTRIC RAILWAY COMPANY TO SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 3960, PAGE 211 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY BOUNDARY LINE OF SAID LAST MENTIONED DEED, NORTH 0° 33' 34" WEST 75.93 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 528.34 FEET;

THENCE NORTHERLY ALONG SAID CURVE IN SAID WESTERLY LINE AN ARC DISTANCE OF 16.51 FEET; THENCE SOUTH 15° 45' 27" EAST ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF MAIN STREET, 80 FEET WIDE, DESCRIBED AS HAVING A BEARING OF NORTH 16° 00' WEST, IN DECREE IN CASE NO. 131082, SUPERIOR COURT RECORDED IN BOOK 4818, PAGE 195, OFFICIAL RECORDS OF SAID COUNTY, A DISTANCE OF 253.45 FEET MORE OR LESS, TO THE

NORTHEASTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID LOT 11; THENCE SOUTH 45° 15' 26" WEST ALONG SAID NORTHEASTERLY PROLONGATION 96.79 FEET MORE OR LESS TO THE POINT OF BEGINNING.

PARCEL 4:

AN EASEMENT FOR STORM DRAIN AND EMERGENCY ACCESS AS SET FORTH ON THAT CERTAIN GRANT DEED, RECORDED JULY 12, 2011 AS INSTRUMENT NO. 20110936256 OF OFFICIAL RECORDS.

APN 4290-015-035, 4290-014-014 and 4290-014-015

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Packet Pg. 376 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) Exhibit “B”, page 1
EXHIBIT “B”

FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT
Recording Requested By and
When Recorded Mail To:

Harding, Larmore, Kutcher & Kozal, LLP
1250 Sixth Street, Suite 200
Santa Monica, CA 90401
Attn: Paula J. Larmore
________________________________________________________________________

ASSIGNMENT AND ASSUMPTION AGREEMENT
This ASSIGNMENT AND ASSUMPTION AGREEMENT (“Agreement”) is made and entered into by and between ___________________________, a _____________________________ (“Assignor”), and ________________________, a __________________ (“Assignee”).

R E C I T A L S
[NOTE TO DRAFTER: This form Assignment and Assumption Agreement is drafted for a purchase and sale of the full Project Site. If the transfer is other than a purchase and sale and/or less than the entire Project Site is being transferred, this form needs to be revised. Notably, if less than the entire Project Site is being transferred and/or the Project Site or any portion therefore is being transferred to more than one owner, this form needs to be revised to add joint and several liability for all owners of the Project Site in accordance with Development Agreement Section 8.2.]
A. The City of Santa Monica (“City”) and Assignor entered into that certain Development Agreement dated November 23, 2000 and recorded in the Official Records of the County of Los Angeles on February 1, 2001 as Instrument No. 01-0176770, that certain Amendment No. 1 to Development Agreement dated August 14, 2012 and recorded in the Official Records of the County of Los Angeles on February 6, 2013 as Instrument No. 20130191602, and that certain Amendment No. 2 to Development Agreement dated _________________ and recorded in the Official Records of the County of Los Angeles on _________________ as Instrument No. _________________ (collectively the “Development Agreement”), with respect to the real property located in the City of Santa Monica, State of California more particularly described in Exhibit “A” attached hereto (the “Project Site”).

B. Assignor has obtained from the City certain development approvals and permits with respect to the development of the Project Site, including without limitation, approval of the Development Agreement for the Project Site (collectively, the “Project Approvals”).

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Packet Pg. 377 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) Exhibit “B”, page 2
C. Assignor intends to sell, and Assignee intends to purchase, the Project Site.

D. In connection with such purchase and sale, Assignor desires to transfer all of the Assignor’s right, title, and interest in and to the Development Agreement and the Project Approvals with respect to the Project Site. Assignee desires to accept such assignment from Assignor and assume the obligations of Assignor under the Development Agreement and the Project Approvals with respect to the Project Site.

THEREFORE, the parties agree as follows:

1. Assignment. Assignor hereby assigns and transfers to Assignee all of Assignor’s right, title, and interest in and to the Development Agreement and the Project Approvals with respect to the Project Site. Assignee hereby accepts such assignment from Assignor.

2. Assumption. Assignee expressly assumes and agrees to keep, perform, and fulfill all the terms, conditions, covenants, and obligations required to be kept, performed, and fulfilled by Assignor under the Development Agreement and the Project Approvals with respect to the Project Site.

3. Effective Date. The execution by City of the attached receipt for this Agreement shall be considered as conclusive proof of (a) delivery of this Agreement (b) the assignment and assumption contained herein, and (c) the release of Assignor in accordance with Section 8.3 of the Second Amendment. This Agreement shall be effective upon its recordation in the Official Records of Los Angeles County, California, provided that Assignee has closed the purchase and sale transaction and acquired legal title to the Project Site.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth next to their signatures below.
“ASSIGNOR”
_________________________________
“ASSIGNEE”
_____________________________

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Packet Pg. 378 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) Exhibit “B”, page 3

RECEIPT BY CITY
The attached ASSIGNMENT AND ASSUMPTION AGREEMENT is received by the City of Santa Monica on this ___ day of ________________, ________.

CITY OF SANTA MONICA
___________________________________
By: _______________________________
Community Development Director

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Packet Pg. 379 Attachment: RAND Ordinance Second Amendment DA (7249 : Rand Development Agreement - Second Reading) City Council
Report
City Council Meeting: August 12, 2025
Agenda Item: 8.A
1 of 14
To: Mayor and City Council
From: Oliver Chi, City Manager, City Manager's Office
Subject: 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).

Summary
Santa Monica is committed to addressing past harms, breaking down systemic barriers, and advancing equity for all our community members. The City has taken important steps over the past five years to create internal programs and advance community initiatives focused on racial equity. Staff engaged in a year-long community engagement effort focused on gathering information about residents’ equity priorities and challenges, including large community listening sessions hosted by the DEI team—held both in person and virtually—as well as more than 60 smaller, community-led meetings.

Following this process, staff reviewed community input, identified key issues, and collaborated with relevant departments to collate existing programs and policies addressing these challenges, leading to the creation of the Citywide Equity Plan (Attachment A). The plan reflects commitments from all departments and establishes clear goals, strategies, and accountability measures to advance equity across the organization, and advance the work across five key strategies:

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• Building a Deeper Understanding of Equity
• Transforming City Operations for Equity
• Expanding Community Engagement and Access
• Opening Doors to Opportunity
• Restorative Justice and Repairing Historical Harms
It is both a roadmap and a living document—designed to evolve as community needs shift and new insights emerge. Rooted in the voices of residents and the expertise of staff, the plan aims to ensure that all community members, regardless of race, gender, ability, or background, have equitable access to opportunities, resources, and city services.

Background
City’s Involvement in the Government Alliance on Race and Equity (GARE) Much of the City’s recent equity work over the past decade stems from the City’s involvement in the Government Alliance for Race and Equity (GARE), a national network of agencies working to advance racial equity in government. Between 2017- 2019, dozens of City staff from nearly every department participated in a yearlong GARE learning cohort, including all of the members of the current DEI team. In these cohorts, staff learned foundational information about embedding equity into government, such as the difference between equity and equality, and the importance of intentionally doing our work through a racial equity lens if we ever hope to correct the disparities created by intentional discrimination. GARE also offered many practical tools that the DEI team uses today, making a lasting impact on Santa Monica’s equity work. Read more about the GARE cohorts’ work in the GARE Operational Plan (Attachment H).

Black Lives Matter Movement Spurs Local Action
As millions of people around the world joined the Black Lives Matter movement to call for an end to systemic racism and violence, the City of Santa Monica began looking inward to assess how it could change for the better. In June 2020, the City Council advanced three tracks of equity work to generate meaningful and lasting change in

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Santa Monica: Development of a Black Agenda for Santa Monica, Public Safety Reform, and Equity and Inclusion Work in the City Organization. Additionally, in September 2020, the City Council further affirmed its commitment to racial equity by authorizing the formation of the Racial Equity Committee, adopting the racial equity statement drafted by the GARE cohorts, authorizing the implementation of public safety reform, and approving the development of a mechanism to provide seed funding to advance the formation of a non-profit organization to promote the wellbeing of the Black community in Santa Monica.

City Creates the DEI Team
Since 2020, two staff members have worked full-time to advance citywide equity initiatives, including public safety reform and leading the Racial Equity Committee to implement equity within the City organization. In July 2022, the DEI team, composed of these two positions plus a manager, was officially created in the City Manager’s Office.

Since 2022, the DEI team has continued advancing citywide equity initiatives, including the outreach for and creation of the Citywide Equity Plan.

Past Council Actions
Meeting / Info Item
Date
Description
02/11/25
(Attachment B)
Council direction on the City’s Reparations and Landback Program
07/18/23
(Attachment C)
Council review of the FY 2023-24 equity plan
Discussion
The City of Santa Monica has long been recognized as a leader in municipal governance, from our five-star rated library system to our pioneering environmental sustainability work. However, one area in which the City has yet to play a leading role is in racial equity, as evidenced by our outcomes in this area. According to various sources including Race Counts and Healthy City, Santa Monica community members who identify as Black, Latinx, and Native American fare worse than white Santa Monicans across nearly every quality-of-life indicator, and many of these inequalities

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have worsened since 2020. Although the City has made some efforts at inclusion, particularly around affordable housing, the Pico Wellbeing Project and the Black Agenda, the City has yet to take cohesive, citywide action aimed at moving the needle on racial equity. Santa Monica’s Communities of Color have expressed concern about projects and approaches that favor specific groups over their own, viewing current equity efforts as “special projects” that have limited reach. Historically, this has had the impact of turning groups that should be allies into adversaries, who believe they must compete with each other for scarce resources.

While the City organization currently faces budgetary challenges and has lacked robust structures to advance equity in the ways that many other cities have, Santa Monica has continued to make progress due to its best resource: its residents and City staff. During the yearlong community engagement process for this Citywide Equity Plan, the DEI team was intentional about engaging residents and staff of various backgrounds and identity groups since equity (giving everyone what they need to thrive, based on an understanding that different people start in different places due to historical and current injustices) will look different for each group. The City’s equity planning process has elevated both community-specific needs and cross-cutting priorities that guide the path toward a more inclusive future. The Citywide Equity Plan is the City's stride toward a cohesive, comprehensive roadmap that reflects the diverse perspectives, needs and priorities of City residents and staff.

The Path to the Citywide Equity Plan
In recent years, the City taken many steps to ensure that Santa Monica is a more equitable place, all culminating in our first Citywide Equity Plan. Those actions are documented in the reports below:
• 2022 Status Update on Citywide Racial Equity Work
• Diversity Equity and Inclusion Update for FY 2022-23
• Diversity, Equity, and Inclusion Update for FY 2023-24 Priorities Shared by Residents and City Staff

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While specific groups identified unique needs, certain concerns resonated across the entire community. The desire for a more inclusive and representative government was a common theme, with residents and staff calling for increased diversity in City leadership and expanded cultural competence training for public employees. Ensuring that all residents can meaningfully participate in civic life was another priority, with calls for an equity accountability system and expanded engagement opportunities.

Economic development was highlighted as a key driver of equity, with residents supporting policies that promote minority- and queer-owned businesses, local hiring, and financial literacy programs. Housing affordability was another urgent issue, with strong support for tenant protections, anti-gentrification efforts, and expanded homeownership opportunities.

In the realm of public safety, residents want law enforcement to be more reflective of the community it serves. Proposals include increasing diversity within the police department, expanding DEI training, and establishing stronger support systems for victims of hate crimes.

In regard to the equity priorities of City staff, we heard from staff surveys and equity workshops that there is a need for more equity and anti-bias training, particularly amongst management. Other issues include a need for greater transparency and fairness around the City’s hiring rules and recruitment process, increased pathways for upward mobility within the organization—especially for staff from marginalized communities, and improved communications and opportunities for staff whose roles are not centered around use of a computer.

Taken together, these resident and staff priorities form the foundation of Santa Monica’s equity plan. They reflect a shared vision for a more just and inclusive city—one that acknowledges past inequities while taking concrete steps to build a more equitable future.

Responses to Community Equity Priorities

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Below is an itemized list of all of the equity priorities identified by the community, along with whether or not we were able to address them in our equity plan.

Area Addressed If No, Why?
City Operations and Inclusivity
Residents feel underrepresented in City
leadership and do not see their diverse
intersections reflected.

Yes
Inadequate protections and
accommodations for people with
disabilities.

Yes
Limited engagement and weak
collaborations with community members,
particularly those of color.

Yes
Cultural incompetence and unrecognized
biases in City methodologies.

Yes
Failure to recognize and respond to
antisemitism within the community.

Yes
Community Engagement and Resources:

A lack of community-specific resources for
effective engagement with the City.

No Improved information
sharing strategies have
been developed,
inadequate resources for
separate resources for
each community group
Insufficient training for community members
on leveraging City services.

Yes
Limited channels for community feedback
and infrequent opportunities for City
listening sessions.

Yes
Questions about the City leadership’s
commitment to equity.

Yes
Absence of a racial equity report card. Yes
No intersectional commission to address
concerns of marginalized identities.

Partial A formal commission is
not being proposed,
community connector
affinity groups are.

Lack of discussions regarding City's Yes

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initiatives for indigenous communities.

Inadequate language and cultural sensitivity
that impedes trust-building.

Yes
City staff lacking multilingual capabilities,
notably in Spanish and Amharic.

Yes
Economic Development
Insufficient economic and workforce
development initiatives for marginalized
communities.

Yes
Lack of incentives for minority and queerowned businesses. No Will consider in future planning cycles
Insufficient hiring of local residents from
communities of color.

No Will consider in future
planning cycles
Ineffective enforcement against hiring
discrimination.

Yes https://www.santamonica
.gov/media/Attorney/CA
O%20EEO%20Policy%2
0090622.pdf
Limited availability of financial literacy
education.

Yes
Absence of culturally relevant farmers
markets.

No Will consider in future
planning cycles
Scarce financial support for entrepreneurs
of color.

Partially Newly developed
Economic Development
task Force along with
procurement and
business license reform
Inadequate internship programs for youth
workplace experience.

No Will consider in future
planning cycles
Few partnerships that promote commerce
in communities of color.

Partially
Limited development encouragement in
areas like Belmar.

No The Belmar Triangle has
been re-developed
Job fairs not catered to individuals with
criminal records.

No City does not host job
fairs currently
Housing
Insufficient affordable housing with
specialized services for seniors,
communities of color, students, and people
Partially City is addressing
affordable housing
according to pre-set
Housing Element. No

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with disabilities. additional equity
considerations in this
plan.

Limited homeownership for Black residents
and other residents of color.

No The City is not resourced
to create homeownership
programs at this time
Inadequate rent control and affordable
housing measures.

No State level legislation
prevents Rent Control
Expansions, especially
given failure of
Proposition 33
Restrictive proof of eligibility for the Right to
Return program.

No The Right to Return
eligibility documents are
matched to the broader
affordable housing
program as this program
places priority on the
affordable housing
waitlist. Separate
standards cannot be
developed.

Escalating gentrification and rent costs
displacing Black, Latino, and other
residents of color.

Partially Affordable housing
construction is continuing
in accordance with the
Housing Element, but no
specific efforts aimed at
these communities.

Inadequate Section 8 housing
opportunities.

No Will consider in future
planning cycles
Limited construction of public housing. Yes
Public Safety
Need for increased DEI training and cultural
competency within the SMPD.

Yes
Low representation of police officers from
diverse communities.

Yes Santa Monica Police
Department is the
second most ethnically
diverse department in the
City, gender diversity is
increasing
Inadequate response plans for antisemitic
incidents and hate crimes.

Yes

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Increased incidents of hate crimes,
including antisemitism, in Santa Monica.

Yes
Insufficient police and fire staff training for
assisting queer individuals and protecting
seniors.

Yes
Lack of support for victims of hate incidents. Yes
Controversy over the City suing LA County
over the cash-bail program.

No Will consider in future
planning cycles
Community Engagement Programs
Lack of mentorship between older residents
and youth.

No Will consider in future
planning cycles
Absence of news/media outlets for the
Black community and other communities of
color.

Partial The community
connectors program is
the first avenue for
getting information to
specific communities.

Few community events celebrating cultural
diversity.

Yes
Need for cultural competence training within
the community.

Yes
Limited culturally inclusive storytelling to
honor diverse communities.

Yes
Fear and division persisting due to
insufficient town hall meetings and
community events.

Yes
Inadequate diversity celebrations and
festivals.

Yes
kits for understanding City and community
resources.

Yes
Insufficient City support for established
community initiatives.

Yes
Limited presence of community centers for
LGBT and other cultural groups.

Yes
Restricted cross-cultural exposure through
multicultural events.

Yes
Education
Disparities in resource distribution among
schools.

No This is SMMUSD’s
purview

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Exclusion of African American history in
school curricula.

No This is SMMUSD’s
purview
Funds for schools not prioritized for the
needy.

No This is SMMUSD’s
purview
Lack of grants for higher education for
students.

Yes
Few mentorship opportunities connecting
students with industry professionals.

Yes
Insufficient youth mentorship and
leadership programs.

Yes
Limited collaboration for community
learning.

Yes
Insufficient access to enrichment programs
and support for children with special needs.

No This is SMMUSD’s
purview
Healing Historical Harms
Unaddressed historical biases and racism
in housing policies.

Yes
Lack of initiatives for reparations for
historical harms.

Yes
Policies structurally responsible for racial
injustices not analyzed or dismantled.

Yes
Non-transfer of ownership for Belmar
Triangle to the community.

No The Belmar triangle has
been re-developed and is
home to a sports field
and childcare center.

There is no mechanism
for transferring this land
to the community.

Noise ordinances unfairly targeting
communities of color.

No Ordinances are citywide,
enforcement is the result
of resident driven
complaints.

Need for restorative justice initiatives and
storytelling from diverse communities.

Yes
City Communications

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Underuse of community newsletters for
disseminating information about City
programs.

Yes
Accessibility barriers for seniors and noninternet users to City news. Yes Lack of transparency regarding grants,
programs, and resources.

Yes
Insufficient information about elections and
related events.

Yes
Transportation:

Inadequate transportation access for
people with disabilities.

Yes
Poor public transportation options outside
standard hours.

Yes
Lack of cultural competence among public
transport staff.

Yes
Insufficient transportation services for the
elderly and disabled.

Yes
Limited parking options. No No departments
identified this as a
priority. Expanding
parking is not within the
City’s sustainability goals
Negative perceptions of transit riders who
are essential to the city's functioning.

No Will consider in future
planning cycles
Homelessness
Lack of housing and support programs for
drug rehabilitation.

Yes
Insufficient tailored support for Black
families experiencing homelessness.

No The City is continuing to
expand its support for
families experiencing
homelessness
regardless of race.

Non-existence of short-term shelter
programs bridging to transitional housing.

Yes
Poorly maintained public restrooms. Yes
Punitive housing solutions not addressing
the needs of queer and trans homeless
Yes

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individuals.

Health
No dedicated mental health organization
addressing cultural competence and
specific needs of the Black community.

Partially The City provided
funding to the SMBEA
which provides services
to the black community
Limited cultural competence training for
mental health professionals.

No The City does not
provide mental health
services
Other
Lack of support platforms for transitioning
youth.

Yes
Inadequate support for immigrants and
asylum seekers.

Yes
Insufficient assistance to those in other
states facing human rights issues.

No City supports legislation
regarding these issues
via the City Attorney’s
office and lobbyist but
does not currently
provide assistance to
those out of state.

Inequalities in technology access. Yes
Delay in honoring Lloyd Allen's
contributions through park renaming.

No Requires additional
Council action
Environmental Review
This Equity Plan is not a “project” subject to CEQA. Pursuant to CEQA Section 21065, the equity plan does not meet the definition of a “project” subject to CEQA as it will not “cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment”. Additionally, per Section 15378(b) of the CEQA Guidelines, a “project” does not include general policy and procedure making.

Advancing Equity During Challenging Economic Times
The majority of the activities outlined in this plan can currently be carried out using existing resources. However, the City’s growing commitments to immigrant support, trans rights, and reparative justice will require additional investment in the near term to

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ensure meaningful progress and community trust. DEI Team and City Manager’s Office staff are committed to finding grant funding and other revenue opportunities to fund this important work as the City’s challenging financial situation hopefully improves in the coming years.

As part of that focus on grant funding, a number of equity projects have been funded via the We Are Santa Monica fund, including a $25,000 grant for a College Expo at Samohi for students who are traditionally under-represented at college due to the financial burden. At that event, 400 students attended, 65 received on the spot admissions, and a total of $1,667,660 was awarded in scholarships. The Equity team plans to continue that work by creating its own community grant program, initially funded by the remainder of the dollars that were earmarked for equity in the We Are Santa Monica Fund and amplified by additional grant funded as identified by the team.

One urgent need has that has been identified is for additional resources to expand immigrant support efforts, which have seen increased demand for services and protections. Other large financial needs on the horizon are for the City to make meaningful initial investments in its upcoming landback and reparations programs, which cities across the nation are funding in the range of $2-$20 million (with the exception of Tulsa, OK, which recently committed $105 million to repair the harms of the Tulsa Race Massacre.) Staff is seeking the support of Council to find creative funding solutions to make the City’s commitment to reparative justice a meaningful one in the months and years ahead.

Financial Impacts and Budget Actions
Staff seeks authority to appropriate the remaining funds received by the We Are Santa Monica Fund on behalf of the City, that were specifically earmarked for equity to fund a community equity grant program. Approval of the recommended action would require the following budget amendment. Future year funding is contingent on Council budget approval.

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FY 2025-26 Budget Amendment
Establish Revenue Budget Appropriate Funds
Account Number Amount Account Number Amount
10200002.416320 $32,496 10200002.532480 $32,496
Prepared by:

Delana Gbenekama, Special Assistant to the City Manager - Equity and Community Recovery Lisa Parson, Equity & Inclusion Manager
David Gardinier, Equity and Communications Coordinator
Prepared By: Lisa Parson, Equity and Inclusion Manager
Approved Forwarded to Council
Attachments:

A. Attachment A - Santa Monica Citywide Equity Plan
B. Attachment B - Feb. 2025 Staff Report
C. Attachment C - July 2023 Staff Report
D. Attachment D - Identity Categories
E. Attachment E - Equity Snapshot, Standard Staff Report Attachment F. Attachment F - Racial Equity Impact Assessment Tool - Shortform G. FY 2023-24 DEI Information Item (Web Link)
H. FY 2022-23 DEI Information Item (Web Link)
I. 2022 DEI Information Item (Web Link)
J. August 24, 2021 Staff Report (Web Link)
K. Sept. 2020 Staff Report (Web Link)
L. Written Comments - July 29, 2025 Meeting
M. Written Comments
N. PowerPoint Presentation

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Citywide Equity Plan
2025 - 2030 025 - 2030
Photo by Leroy Hamilton Interpretive sign at Historic Belmar Park In the background, A Resurrection in Four Stanzas by April Banks, 2021.

8.A.a
Packet Pg. 394 Attachment: Attachment A - Santa Monica Citywide Equity Plan (7241 : Equity Plan) Contents
1 2
4 6
8 12
14 16
21 Philosophy on Equity
Overview and Plan Development
Key Definitions
Timeline of Racial Equity Milestones
Santa Monica’s Vibrant and Diverse Population
Foundational Commitments to Equity
Goals and Focus Areas
Key Projects
The Path Forward
-
-
-
-
-
-
-
-
-

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Packet Pg. 395 Attachment: Attachment A - Santa Monica Citywide Equity Plan (7241 : Equity Plan) The City of Santa Monica is committed to addressing past harms, breaking down systemic barriers, and advancing equity for all our community members.

The City of Santa Monica (City) has taken meaningful steps to advance racial equity through internal programs and community initiatives, leading with race while recognizing that this approach also drives equity across other social identities—including gender, sexual orientation, class, and ability. The city council reaffirmed its commitment to this work when it adopted Racial Justice, Equity, and Social Diversity as a priority at its March 11, 2023, workshop, along with the following statement:

City of Santa Monica’s Philosophy on Equity
The City of Santa Monica acknowledges the effects of generational and institutional racism and discrimination, and its consequences that continue to impact our residents and businesses. These lessons of our history cannot be ignored. The City is committed to advancing racial equity and social diversity to improve the well-being of people who live, work, learn, play, and do business in our city, and create a community where differences in life outcomes cannot be predicted by race, class, gender, disability, or other identities. Everyone in Santa Monica must have an opportunity to thrive.

Staff in every department in Santa Monica are tasked with:
• Identifying and rectifying the policies, practices, and behaviors that perpetuate racism, discrimination, and other negative race-based outcomes
• Cultivating an inclusive and fair environment where all people in Santa Monica, in particular disenfranchised Communities of Color, thrive in the areas of health, economic vitality, and connectedness
This Citywide Equity Plan was prepared to operationalize this city council commitment.

The following goals are embedded within the plan and are described in greater detail in the sections that follow:

GOAL 1
Confront and
Repair Harms
through Truth,
Healing, and
Restorative Action
GOAL 2
Deepen Trust
and Belonging
through Inclusive
Community
Engagement
GOAL 3
Expand Pathways
to Opportunity
for Historically
Underserved
Communities
GOAL 4
Transform How
Government
Works to Deliver
More Equitable
Outcomes
GOAL 5
Build a Culture
Where Equity
Is Understood,
Practiced, and
Valued
Citywide Equity Plan | 1

8.A.a
Packet Pg. 396 Attachment: Attachment A - Santa Monica Citywide Equity Plan (7241 : Equity Plan) Placing residents at the forefront allows the City to
unlock the wealth of knowledge, experiences, and
aspirations that lie within the community, and in
doing so creates ways for groups that traditionally
do not engage in government processes to be
heard. The development of the Citywide Equity
Plan followed traditional and nontraditional paths
to achieve this goal. The effort launched with a
panel discussion on strategic allyship in September
2023, followed by a seven-month community
engagement phase focused on identifying equity
priorities and challenges. The DEI team hosted
large public listening sessions, both in person
and online, and tried something new by offering
stipends to participants to ensure broader and
more inclusive engagement.

This new strategy brought in the most diverse range
of voices the City has ever heard from—African
Americans, Latinos (with input in both English and
Spanish), Ethiopians, Jewish residents, LGBTQ+
individuals, members of the disability community,
Muslim residents, seniors, young adults, parents,
and more. The groups hosted over 60 communityled listening sessions to share their community’s Overview and Plan Development
To structure the City’s Equity Plan, the Diversity Equity and Inclusion (DEI) team focused on recognizing the diversity of communities who call Santa Monica home by taking time to learn their specific needs and hearing from those who do not traditionally participate in government processes. equity priorities. They met in homes, parks,
restaurants, schools, online, after a group bike ride,
and on the beach—wherever they felt they would
have the best conversation.

This inclusive approach ensured that the decisionmaking process reflects the diverse perspectives, needs, and priorities of the people it directly
impacts. Through this collaborative effort, we
can build trust, bridge divides, and forge a shared
vision that truly represents the collective will and
aspirations of the community.

Building on this input, the DEI team collaborated
with City departments to assess existing programs
and policies to address key community concerns.

In March 2024, the City re-engaged the community
through another round of stipend-supported
meetings—this time to co-create potential solutions
to the top issues identified in fall 2023.

The engagement effort also recognized the
important role City staff play in understanding the
Santa Monica community and designing solutions
to address their concerns. The DEI team hosted
2 | City of Santa Monica

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Packet Pg. 397 Attachment: Attachment A - Santa Monica Citywide Equity Plan (7241 : Equity Plan) an equity panel, attended by 80 staff members,
that featured seasoned public servants who now
lead impactful DEI work across the country. To
further include staff perspectives, the DEI team
administered an equity survey, both online and
on paper, to reach as many staff as possible. The
survey’s more than 250 responses reflected a wide
range of perspectives, from skepticism about the
organization’s commitment to equity to strong
expressions of support.

Before finalizing this Citywide Equity Plan, the
DEI team reconnected with community groups
who had helped shape its foundation, sharing
proposed initiatives, gathering final input,
and expressing gratitude for their continued
partnership. These groups played a vital role not
only in identifying early priorities but also in refining the plan’s direction—and many will remain involved
as collaborators in its implementation. Their
engagement has helped ensure the plan is rooted
in transparency, shared responsibility, and ongoing
community connection.
5 City-hosted public
listening sessions
73 community-led
meetings
32 community groups
engaged
257
equity staff survey
respondents
Citywide Equity Plan | 3

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Packet Pg. 398 Attachment: Attachment A - Santa Monica Citywide Equity Plan (7241 : Equity Plan) Key Definitions
Belonging The feeling of security and support when there is a sense of acceptance, inclusion, and identity for a member of a certain group. It is when an individual can bring their authentic self to interactions (e.g., work, school, and church).

Source: Cornell University
Digital Equity A condition in which all individuals and communities have the information technology capacity needed for full participation in our society, democracy, and economy. It is necessary for civic and cultural participation, employment, lifelong learning, and access to essential services. Source: National Digital Inclusion Alliance Diversity A synonym for variety. A diversity focus emphasizes “how many of these” we have in a space or organization. For example, the City of Santa Monica has employees belonging to diverse groups characterized by various identifying traits, such as race, gender identity, ability, age, or religion. Diversity programs, cultural celebrations, and educational programs are not equivalent to racial justice or inclusion. It is possible to name, acknowledge, and celebrate diversity without doing anything to transform the institutional or structural systems that produce, and maintain, racialized injustices in our communities. Sources: Center for the Study of Social Policy and Anti-Defamation League
Equity Giving everyone what they need to thrive, based on an understanding that different people start in different places due to historical and current injustices. “Equity” is about equal outcomes. Source: Government Alliance on Race and Equity (GARE) To support understanding of this Citywide Equity Plan, a list of key terms is provided below. Our goal is to ensure that everyone who lives, works, or spends time in Santa Monica can navigate the plan with confidence and clarity. It is important to understand that equity is not the same as equality.

This plan is rooted in equity: ensuring that individuals and communities receive the tailored support they need to thrive. The DEI team leads with race in its work because of the injustices that have negatively affected Black, Indigenous, and People of Color. Research has shown that working on policies that help the most impacted groups will benefit people from all backgrounds (e.g., gender identity, sexual orientation, class, and ability).

This plan represents an important step toward creating internal programs and advancing community initiatives focused on racial equity, with the understanding that within each individual effort, a myriad of social identities–including gender, sexual orientation, class, and ability–benefit from the more inclusive policies generated by these efforts.
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Packet Pg. 399 Attachment: Attachment A - Santa Monica Citywide Equity Plan (7241 : Equity Plan) Inclusion Authentically inviting the contribution and participation of all people, especially traditionally excluded individuals and/or groups, into processes, activities, and decision—and policymaking by providing equal access and opportunities in a way that shares power. Source: City of San Jose
Marginalized
Group
A particular group that is cast to the edge of society by a dominant group and is not allowed an active voice, identity, or place. This is done so the dominant group can maintain power. Source: Center for the Study of Social Policy Neurodiversity Refers to the natural differences in how people’s brains work—how we think, learn, process information, and interact with the world. These variations, which include autism, ADHD, dyslexia, and more, are a normal part of human diversity and help make our communities more creative, capable, and resilient. Source: The Cleveland Clinic
Racial Equity A process of eliminating racial disparities and improving outcomes for everyone.

It is the intentional and continual practice of changing policies, practices, systems, and structures by prioritizing measurable change in the lives of people of color. It’s when race can no longer be used to predict life outcomes. Sources:

Race Forward and GARE
Racism The marginalization and/or oppression of people of color based on a socially constructed racial hierarchy that privileges white people as a means to uphold white supremacy. Racism differs from prejudice, hatred, or discrimination because it requires one racial group to have power over other groups in society.

Often, racism is supported and maintained, both implicitly and explicitly, by institutional structures and policies, cultural norms and values, and individual behaviors. Sources: Anti-Defamation League and Center for the Study of Social Policy Underserved “Underserved” refers to people or communities that haven’t had fair access to the resources, services, or opportunities they need—often because their voices and needs have been historically overlooked or undervalued in decision-making.

Source: Law Insider
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Packet Pg. 400 Attachment: Attachment A - Santa Monica Citywide Equity Plan (7241 : Equity Plan) Timeline of Racial Equity Milestones
The following timeline highlights key milestones in Santa Monica’s journey toward racial equity.
2017 2018-19 2019-21 2020
The City joins the
Government Alliance
on Racial Equity.

The city council directs staff to
create a multi-departmental
initiative focused on improving
social and economic
outcomes for residents of the
Pico Neighborhood as part of
the Pico Wellbeing Project.

The City produces the Belmar History + Art
project, a multidisciplinary public art and
civic commemoration bringing art, history,
and community together to illuminate the
experiences of African American residents,
visitors, and businesses in the historic
Belmar neighborhood of Santa Monica's
civic center area. The success of this project
inspires the Cultural Affairs Division to found
"Acknowledge and Reframe Together," a
framework for future civic memory projects.

The city council approves
the formation of the
Racial Equity Committee,
adopts a racial equity
statement, and authorizes
the implementation of
public safety reform.
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Packet Pg. 401 Attachment: Attachment A - Santa Monica Citywide Equity Plan (7241 : Equity Plan) 2021 2022 2024
The city council approves
the Right to Return policy,
creating the first opportunity
for historically displaced
communities to return
to Santa Monica via the
affordable housing program.

The city council adopts a statement of
apology to Santa Monica’s African American
residents and their descendants.

As part of the "Reframe" initiative, the City holds
communitywide conversations about the Works Progress
Administration mural in the lobby of historic City Hall.

These discussions result in 10 recommendations from
the council, including a directive to add new interpretive signage and artwork to the lobby, along with direction on other equity programs, such as a focus on First Peoples.

The City establishes the DEI team.

The City collaborates with the
Tongva peoples to create a land
statement of accountability.

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Packet Pg. 402 Attachment: Attachment A - Santa Monica Citywide Equity Plan (7241 : Equity Plan) Santa Monica is home to a racially, culturally, and economically diverse population, with residents representing a wide range of income levels, educational backgrounds, and life experiences.

According to the U.S. Census Bureau’s 2023 estimates, the city’s demographic composition is 66.9% White, 16.4% Hispanic or Latino, 9.8% Asian, 4.9% Black or African American, and 13.2% identifying as multiracial. Of the total population, 23% identify as foreign-born.

These statistics, however, do not capture the rich and varied histories and experiences nor do they fully reflect the multitude of other communities and groups—defined by language, ability, age, sexual orientation, gender identity, and more—that contribute to the fabric of life in Santa Monica.

This rich mixture of cultures and backgrounds contributes to the city’s dynamic character and underscores the importance of Santa Monica’s equity initiatives.

Santa Monica has a deeply layered history shaped by the presence of these diverse communities, whose cultural, social, and economic influences continue to enrich the wider community today.

Some of these diverse communities have faced challenges including moments of exclusion and inequity, elements of which too often persist today. Recognizing and understanding this past strengthens our commitment to building a more inclusive future. Many of the communities that have contributed to the Santa Monica of today are shown on the following page.

Santa Monica’s Vibrant and Diverse Population
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Packet Pg. 403 Attachment: Attachment A - Santa Monica Citywide Equity Plan (7241 : Equity Plan) Black Community
The Black community in Santa Monica has
experienced generations of systemic exclusion,
from redlining and beach segregation to
displacement from neighborhoods like the
Belmar Triangle during urban renewal. “The
Inkwell” beach was one of the few safe
recreational spaces for Black families in the
20th century. Since 1980, the Black population in
Santa Monica has steadily declined due to rising
costs and disinvestment, and the community
continues to experience anti-Black racism
in everyday life. Today, Black residents are
calling for reparative justice such as monetary
compensation, the return of community land,
expanded Black homeownership, and ongoing
investment in Black-led organizations.

Chinese Community
Chinese immigrants first arrived in Santa
Monica in the late 19th and early 20th centuries,
often facing severe discrimination, restrictive
housing laws, and displacement during
redevelopment. Despite these barriers, they
built businesses and contributed significantly
to the city’s growth. Today, Chinese
residents and broader Asian communities
seek greater visibility, inclusion in public life,
protection from anti-Asian hate, and culturally
responsive City services, including improved
language access and representation.

Disability Community
People with disabilities have historically been
excluded from city planning, public spaces,
and employment opportunities in Santa
Monica. Despite landmark protections like
the Americans with Disabilities Act, barriers
to physical access, economic inclusion,
and equitable healthcare remain. Today,
residents with disabilities are advocating
for a city fully designed with accessibility in
mind, including expanded accessible housing,
reliable paratransit services such as a northsouth shuttle, and greater City investment in inclusive infrastructure and hiring practices.

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Packet Pg. 404 Attachment: Attachment A - Santa Monica Citywide Equity Plan (7241 : Equity Plan) Indigenous Community –
The Tongva Peoples
The Tongva are the original inhabitants of the
Santa Monica area, with deep ancestral ties
and complex cultural systems that long predate
colonization. Colonization, forced relocation, and
loss of land rights devastated their communities.

Despite this history, the Tongva people continue
efforts to preserve their language, culture,
and presence in the region. Today, Indigenous
residents are calling for formal recognition,
structured inclusion in City initiatives, and the
integration of Indigenous perspectives into
public policy, cultural events, and education.

Japanese American Community
Japanese American families once formed a vibrant
part of Santa Monica’s farming and business
community. Their lives were disrupted during
World War II, when they were forcibly removed
and imprisoned at incarceration camps, often
losing homes and livelihoods. Although reparations
were granted decades later, the impact of this
displacement still resonates. Today, Japanese
American residents and their descendants seek
to preserve this history, promote racial justice,
and support cultural programming that honors
their legacy and protects against future harm.

Jewish Community
Jewish residents have been active contributors
to Santa Monica’s civic, cultural, and professional
life for generations. However, they have also
faced exclusion—from restrictive housing
policies in the past to continued antisemitic
incidents today. Synagogues and Jewish
institutions have experienced vandalism, and
residents report ongoing bias. Community
members are calling for robust City responses
to antisemitism, including hate crime prevention
strategies, visible public support, improved
safety measures, and educational efforts
that promote understanding and inclusion.

Latino Community
Latinos have long contributed to the economic
and cultural fabric of Santa Monica, especially in
the Pico neighborhood. They faced segregation,
housing discrimination, and displacement
during urban renewal efforts in the mid-20th
century. Many families lost their homes, schools,
and community centers. Today, rising housing
costs and redevelopment pressures continue to
threaten long-standing Latino neighborhoods.

Residents are advocating for stronger tenant
protections, affordable housing, economic
development for Latino-owned businesses, and
preservation of cultural institutions and traditions.

LGBTQ+ Community
The LGBTQ+ community has long struggled for
safety, recognition, and equal rights in Santa
Monica. In earlier decades, LGBTQ+ individuals
faced police harassment and were ignored during
the AIDS crisis. More recently, the loss of LGBTQ+
venues and unaffordable housing have eroded
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Packet Pg. 405 Attachment: Attachment A - Santa Monica Citywide Equity Plan (7241 : Equity Plan) safe spaces. Today, LGBTQ+ residents advocate
for a dedicated community center, expanded
access to gender-affirming healthcare, inclusive
housing policies, and ongoing community visibility
to ensure that Santa Monica remains a place
where queer and trans people can thrive.

Middle Eastern Community
Middle Eastern families—including immigrants from
Iran, Lebanon, Syria, and other countries—began
settling in Santa Monica in significant numbers
in the latter part of the 20th century. They have
made important contributions in retail, education,
and civic life. However, racial and religious
profiling, particularly after 9/11, and ongoing
stereotyping have created persistent barriers.

Today, Middle Eastern residents seek better
representation in City leadership, public education
about their cultures and histories, and protection
against bias and exclusion in civic spaces.

Seniors
Older adults in Santa Monica have contributed
greatly to the community, but many now face
barriers to aging with dignity. Fixed incomes,
rising housing costs, mobility challenges, and
social isolation can threaten their independence
and well-being. Seniors are calling for expanded
transportation options, case management
services, mental health resources, and housing
programs that support aging in place. A key
priority is ensuring that policies and services
are tailored to help seniors remain active,
connected, and safe within their communities.

Youth and Students
Santa Monica’s youth face growing pressures
around education, affordability, and access to
opportunity. While young people benefit from
the City’s educational and cultural offerings,
many—especially those from historically
marginalized communities—struggle to find
mentorship, enrichment opportunities, and clear
pathways to higher education or well-paying
jobs. Youth and families have called for increased
investment in after-school programs, college
readiness initiatives, mental health services,
and financial support for higher education
to help ensure a more equitable future.

Recognizing these histories is essential to
understanding why equity initiatives are not
just needed, but imperative. They ensure that
all individuals have access to opportunities
and a sense of belonging in our city. The
lessons of the past inform our path forward,
guiding policies that foster inclusion and
promote equitable outcomes for all.

Footnote: Additional historical and educational information about each of our diverse community groups can be found on the City’s website at www.santamonica.gov/equity.

The City’s diversity is one of its strengths, and it is important to remember that historical patterns continue to shape the social and economic landscape of Santa Monica today.

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Packet Pg. 406 Attachment: Attachment A - Santa Monica Citywide Equity Plan (7241 : Equity Plan) Many initiatives are already in motion that demonstrate the City’s ongoing commitment to equity.

This section highlights examples of foundational commitments to equity in Santa Monica— operational efforts that are actively shaping a more inclusive and responsive local government. These examples reflect the essential work being done across departments to embed equity into City policies, programs, and practices, serving as critical elements toward long-term systemic change.

Reciting the land statement of accountability (co-created with Tongva peoples in 2024) at city council meetings and making demonstrable commitments in uplifting Tongva voices.

Restructuring the procurement process to remove long-standing barriers and expand access, ensuring that contracts are no longer concentrated among a small, homogenous group of firms but instead reflect the diversity of the communities we serve.

Foundational Commitments to Equity
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Packet Pg. 407 Attachment: Attachment A - Santa Monica Citywide Equity Plan (7241 : Equity Plan) Supporting the celebrations of significant dates for Santa Monica’s Communities of Color and working across departments to amplify and resource these celebrations.

Santa Monica City CouncilAugust 12, 2025

Santa Monica City Council
August 12, 2025