PUBLIC SAFETY FACILITY:
The underground tank at the Public Safety Facility (PSF) is used strictly for three emergency generators.
The tank and piping are double-walled and are currently monitored with Veeder Root TLS + VR remote gateway electronic monitoring equipment located on the exterior of Public Safety building adjacent to the generators. This equipment has been updated in January 2023.
AEROPLEX:
The underground storage tank located at the Santa Monica Airport is owned by the City of Santa Monica and operated through a lease agreement with Aeroplex. This leasehold is designated as a fixed base operation facility providing aircraft fueling. The tank and piping are double-walled and monitored with Veeder-Root electronic monitoring equipment and a mechanical line leak detector. This facility is not subject to Phase II EVR upgrades but is equipped with necessary Phase I equipment. ,"1
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Packet Pg. 326 Attachment: 01 - CT 11478 (CCS) - Fleming Environmental [Revision 2] (7304 : Underground (Fuel) Storage Tanks at the Airport)
SCOPE OF WORK
A. Annual Certification of Monitoring Equipment (including testing of spill buckets) All monitoring equipment used to satisfy permit requirements for the operation of the tank system shall be certified for operability, proper operating condition, and proper calibration. Persons performing annual certification shall meet all of the following requirements:
Possess, or be employed by a person who possesses a current Class “A” General Engineering Contractor License or C-61 (D40) Limited Specialty Service Station Equipment and Maintenance Contractor License issued by the Contractors State License Board prior to January 18, 2001. x Be trained and certified by the manufacturer of the monitoring / testing equipment and be recertified by the manufacturer by completion of a manufacturers refresher course. Additionally, this certification shall be renewed at the time interval recommended by the manufacturer, or every 36 months, whichever is shorter.
x Possess a current certificate from the International Code Council (ICC) indicating he/she has passed the California UST Service Technician exam.
x Possess a current City of Santa Monica Business License at time of testing/service.
The enclosed “Monitoring System Certification” (Exhibit 1) and “Spill Bucket Testing Report Form” (Exhibit 2) created by the State Water Resources Control Board shall be used to document all certification activity. In addition, the manufacturer’s checklist for certification of line leak detectors including pertinent test data such as line resiliency, operating pressure, and bleed-back shall be required for those facilities with mechanical line leak detectors. Please be advised that no other report formats will be accepted.
Monitoring certifications shall be coordinated with the annual on-site inspection of the tank system with a representative from the SMFD. Contractor shall be expected to perform limited maintenance/repair services at the time of inspection to ensure satisfactory completion of the certification where reasonable to include, but not limited to, replacement of battery, sensor, relay, caps, etc. at an additional cost for time and materials.
B. Vapor Recovery Performance Testing
The contractor shall conduct all applicable reverification tests in accordance with the test methods specified in SCAQMD Rule 461-Gasoline Transfer and Dispensing, to verify the proper operation of the vapor recovery system, including triannual test of the P/V Vent Valves, when required. Please note that vapor recovery systems have been upgraded with Phase II Enhanced Vapor Recovery. The technician conducting the test shall provide required notification to the SCAQMD, obtain a confirmation number prior to testing, and submit final test reports demonstrating compliance to the SCAQMD in addition to the SMFD and Water Resources Division. The tester must have successfully completed the SCAQMD’s Tester Orientation class and the International Code Council (ICC) Vapor Recovery System Testing certification. Contractor shall be expected to perform limited maintenance/repair services to ensure satisfactory completion of the performance test where reasonable. This includes, but is not limited to, replacement of vent caps, fill/vapor caps, hoses, nozzles, etc., at an additional cost for time and materials. Pricing shall include use of confined space entry equipment and any equipment needed to access vent lines (e.g. boom lift), if necessary. ,"1
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Packet Pg. 327 Attachment: 01 - CT 11478 (CCS) - Fleming Environmental [Revision 2] (7304 : Underground (Fuel) Storage Tanks at the Airport) C. Secondary Containment Testing
Periodic testing of secondary containment systems is intended to provide greater assurance that doublewalled tank systems are performing as designed and capable of capturing and containing any leaks from the primary containment. The selected contractor shall be required to submit a Work Plan in accordance with the enclosed guidelines (Exhibit 3) for approval by the SMFD for secondary containment testing at each location prior to proceeding with testing by the testing anniversary date.
Selected contractor shall be expected to provide limited same-day maintenance/repair services to ensure satisfactory completion of the test where reasonable and include test boots at an additional cost for time and materials. Test results shall provide sufficient detail documenting any failures and/or necessary repairs and shall be reported on the Secondary Containment Testing Report Form (Exhibit 4). Selected contractor shall be expected to provide cost estimates for any repairs of failed components identified through testing. In addition to testing, the scope of work shall include cleaning of all sumps, under dispenser containment, transition boxes, and spill buckets, provide detailed map of components subject to testing, and labeling of on-site components.
D. Designated Operator Services
Contractor shall be responsible for performing Designated Operator services at least once every 30 days for onsite visual inspections of all underground storage tank systems at each City facility. The city of Santa Monica is 8.3 square miles and it is anticipated that all facilities would be inspected in one day.
The results of each inspection shall be recorded on the Underground Storage Tanks Designated UST Operator Visual Inspection Report (UN-111). The inspection report created by the State Water Resources Control Board has been revised for City Facilities (Exhibit 5) to include the following:
x Components where an alarm has occurred in the past month must be visually inspected regardless of the existence of a service record (including fill and piping containment sumps, transition sumps, vent boxes, and annular space).
x Rubber gaskets for fill and vapor recovery fill caps and covers shall be inspected and replaced when necessary.
x Power, warning, and alarm bulbs shall be inspected and replaced when necessary. x Boots and hoses shall be visually inspected for tears. x A spare roll of paper shall be left at each location, if necessary. x Facility employee training in the proper operation and maintenance of the underground storage tank system shall be conducted a minimum of twice per year at the BBB, Public Safety Facility, and Aeroplex. Facility employee training shall be conducted a minimum of three times at the each of the Fire Stations to accommodate the established shift schedule. x Possess current ICC certificate indicating he/she has passed the California UST System Operator exam.
x Possess a Level 1 Veeder-Root certification.
x A copy of the monthly inspection report shall be left on site with the Tank Operator and a copy shall be provided to the Water Resources Protection Program within 72 hours of performing the inspection.
x Monthly visits shall be coordinated with City staff prior to performing inspections. ,"1
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Packet Pg. 328 Attachment: 01 - CT 11478 (CCS) - Fleming Environmental [Revision 2] (7304 : Underground (Fuel) Storage Tanks at the Airport) E. General Maintenance and Repair
Contractor shall be responsible for performing general maintenance and repair on all tank systems.
The contractor shall be required to have proper certifications for general maintenance and repair to include ICC Certification for both Service Technician and Installer, Vapor Recovery System Installation and Repair, and various equipment as detailed on Exhibit 1. It is important to note that any modifications/repairs made to the tank system outside of the monitoring certification is subject to additional permitting by the SMFD. You are required to obtain permit authorization prior to any onsite activity from the SMFD. Written documentation detailing the condition resulting in the repair/replacement; scope of work; identification of primary technician with appropriate certifications and other on-site personnel (NOTE: if work involves entry into a sump at least 2 persons must be onsite); proposed date / time for on-site activity (non-emergency maintenance/repair shall be scheduled between Monday-Thursday); as a follow-up, provide work order documenting completed activity. If the scope of work involves any components subject to a monitoring certification, an abbreviated monitoring certification will be required. A representative from the SMFD may arrive at any time to confirm compliance with the scope of work. Depending on the scope of work, an on-site inspection may be required after the work is completed if not coordinated as part of your service call.
CONDITIONS AND REQUIREMENTS
In preparing your costs for the various activities, please be aware of the following conditions to be imposed on the contractor:
x Separate invoices shall be required for each facility and for each activity. x Labor, travel, and mileage shall be included in the cost for all scheduled activity including monitoring system certification (including line leak detectors), vapor recovery performance testing, secondary containment testing, and Designated Operator visits. x General Maintenance and Repair shall be billed at an hourly rate. In only extreme and preapproved cases will overtime be paid. (NOTE: Please ensure that your response time reflects straight time only).
x Permit authorization from the SMFD is required for all modifications/repairs made to the tank system outside of the monitoring certification, e.g. sensor replacement, as detailed in Section E.
x Travel costs associated with General Maintenance and Repair shall not exceed a total of 3 hours (round trip) for one technician. Any minimum service time shall include travel. x Costs shall not include disposal of any waste that may be generated on-site. x Costs shall include use of confined space entry equipment for secondary containment testing. x Designated Operator visits shall be coordinated in advance with City Staff. x Monitoring system certification shall include annual spill bucket test (visual) for both spill and vapor recovery, where applicable.
x The technician providing Designated Operator services may be employed by the same contractor providing other services but shall not act as the primary technician for other activities.
x The City has no objection to combining services provided by other service providers under your contract. Please identify all activities to be performed by subcontractor(s) and document subcontractor’s requirement per this Bid.
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Packet Pg. 329 Attachment: 01 - CT 11478 (CCS) - Fleming Environmental [Revision 2] (7304 : Underground (Fuel) Storage Tanks at the Airport)
CERTIFICATIONS LICENSES AND TRAINING REQUIREMENTS
Contractor shall possess the required certifications, licenses, and training described in the Scope of Work for the bid categories being submitted. In addition, Designated Operators shall possess a current certificate issued by the International Code Council (ICC) indicating he or she has passed the California UST System Operator exam.
Any individual performing the work of a service technician must meet all of the following requirements:
(1) Possess or be employed by a person who possesses a current Class "A" General Engineering Contractor License or a C-61 (D40) Limited Specialty Service Station Equipment and Maintenance Contractor License issued prior to January 18, 2001 by the Contractors State License Board, as applicable.
(2) Be trained and certified by the manufacturer of the equipment as follows: (A) For service technicians conducting secondary containment testing, this training and certification may be obtained through the developer of the testing equipment or test method being used, or through the manufacturer of the secondary containment system being tested, as applicable. (B) For service technicians performing work on monitoring equipment, training and certification shall be obtained from the manufacturer of the monitoring equipment. (3) Renew all training and certifications issued by the manufacturer, through completion of a manufacturer's refresher course, at the time interval recommended by the manufacturer, or every 36 months, whichever is shorter.
(4) Possess or work under the direct and personal supervision of an individual physically present at the work site who possesses a current certificate from the International Code Council (ICC), indicating he or she has passed the California UST Service Technician exam.
In addition, confined space training certifications are required for employees performing confined space entry work.
CONTRACTOR’S LICENSE
Contractor must possess the following California contractor’s license at the time the bid is submitted:
Class "A" General Engineering Contractor License or a C-61 (D40) Limited Specialty Service Station Equipment and Maintenance Contractor License
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Packet Pg. 330 Attachment: 01 - CT 11478 (CCS) - Fleming Environmental [Revision 2] (7304 : Underground (Fuel) Storage Tanks at the Airport)
EXHIBIT B
BUDGET
Description Unit Cost
Aeroplex – Monitoring System Certification 1 Lump Sum $ 1,500.00 Aeroplex – Vapor Recovery Performance Testing 1 Lump Sum $ 900.00 Aeroplex – Secondary Containment Testing 1 Lump Sum $ 3,000.00 Aeroplex – Designated Operator Monthly Rate (includes two training sessions)
1 Lump Sum $ 300.00
Fire Station #1 – Monitoring System Certification 1 Lump Sum $ No Bid Fire Station #1 – Vapor Recovery Performance Testing 1 Lump Sum $ 1100 Fire Station #1 – Secondary Containment Testing 1 Lump Sum $ No Bid Fire Station #1 – Designated Operator Monthly Rate (includes three training sessions)
1 Lump Sum $ 300
Fire Station #1 – Monthly Monitoring (AST) 1 Lump Sum $ 300 Fire Station #2 – Monitoring System Certification 1 Lump Sum $ 1500 Fire Station #2 – Secondary Containment Testing 1 Lump Sum $ 2500 Fire Station #2 – Designated Operator Monthly Rate (includes three training sessions)
1 Lump Sum $ 300
Fire Station #3 – Monitoring Performance Testing 1 Lump Sum $ 1500 Fire Station #3 – Vapor Recovery Performance Testing 1 Lump Sum $ No Bid Fire Station #3 – Secondary Containment Testing 1 Lump Sum $ 3000 Fire Station #3 – Designated Operator Monthly Rate (includes three training sessions)
1 Lump Sum $ 300
Fire Station #5 – Monitoring System Certification 1 Lump Sum $ 1500 Fire Station #5 – Vapor Recovery Performance Testing 1 Lump Sum $ 900 Fire Station #5 – Secondary Containment Testing 1 Lump Sum $ 3000 Fire Station #5 – Designated Operator Monthly Rate (includes three training sessions)
1 Lump Sum $ 300
Public Safety Facility – Monitoring System Certification 1 Lump Sum $ 1500 Public Safety Facility – Secondary Containment Testing 1 Lump Sum $ 3000 Public Safety Facility – Designated Operator Monthly Rate (includes two training sessions)
1 Lump Sum $ 300
Big Blue Bus – Monitoring Performance Testing 1 Lump Sum $ 1500 Big Blue Bus – Certification of Line Leak Detectors 1 Lump Sum $ 150 Big Blue Bus – Vapor Recovery Performance Testing 1 Lump Sum $ 1,500.00 Big Blue Bus – Secondary Containment Testing 1 Lump Sum $ 3,000.00 Big Blue Bus – Designated Operator Monthly Rate (includes two training sessions)
1 Lump Sum $ 300.00
Year 2 Escalation 3%
Year 3 Escalation 3%
Year 4 Escalation 3%
Year 5 Escalation 3%
Total NTE: $531,000
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Packet Pg. 331 Attachment: 01 - CT 11478 (CCS) - Fleming Environmental [Revision 2] (7304 : Underground (Fuel) Storage Tanks at the Airport) 1 Exhibit C
Environmental Consultants/Contractors Insurance Requirements Consultant/Contractor (hereinafter referred to as “Consultant”) shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).
4. Professional Liability: Insurance appropriate to the Consultant’s profession with a limit of not less than $1,000,000 per occurrence or claim/$2,000,000 in the annual aggregate.
5. Pollution Liability: Insurance appropriate to the work being performed under this Agreement, with a limit of not less than $1,000,000 per occurrence or claim/$2,000,000 in the annual aggregate.
If the Consultant maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to any broader coverage and higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.
Other Insurance Provisions
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Packet Pg. 332 Attachment: 01 - CT 11478 (CCS) - Fleming Environmental [Revision 2] (7304 : Underground (Fuel) Storage Tanks at the Airport) 2 1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of a combination of (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and (2) CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Consultant’s insurance shall be primary coverage at least as broad as Insurance Services Offices Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it. c. 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: Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.
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.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Consultant to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall ,"1
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Packet Pg. 333 Attachment: 01 - CT 11478 (CCS) - Fleming Environmental [Revision 2] (7304 : Underground (Fuel) Storage Tanks at the Airport) 3 provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Santa Monica.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Claims Made Policies
1. If the Professional Liability 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 “claims made” policy form with a Retroactive Date prior to the effective Agreement date, the Consultant must purchase “extended reporting” coverage for a minimum of 5 years after completion of work.
Verification of Coverage
Consultant shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.
The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.
Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Consultant resulting from said breach.
Subcontractors
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Packet Pg. 334 Attachment: 01 - CT 11478 (CCS) - Fleming Environmental [Revision 2] (7304 : Underground (Fuel) Storage Tanks at the Airport) 4 Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.
Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Consultant does not have employees. The Consultant must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.
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Packet Pg. 335 Attachment: 01 - CT 11478 (CCS) - Fleming Environmental [Revision 2] (7304 : Underground (Fuel) Storage Tanks at the Airport)
4.B.c
Packet Pg. 336 Attachment: 2025 - OaksInitiative-wEx_final (7304 : Underground (Fuel) Storage Tanks at the Airport)
4.B.c
Packet Pg. 337 Attachment: 2025 - OaksInitiative-wEx_final (7304 : Underground (Fuel) Storage Tanks at the Airport) City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.
Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards/
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
4.B.d
Packet Pg. 338 Attachment: Levine Act Disclosure Form 2025_3-27-25 (7304 : Underground (Fuel) Storage Tanks at the Airport) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUEAND CORRECT.
Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:
Please note this form is a public record and subject to a California Public Records Act request.
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Packet Pg. 339 Attachment: Levine Act Disclosure Form 2025_3-27-25 (7304 : Underground (Fuel) Storage Tanks at the Airport) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.
State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $500 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.
1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.
For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Contracts for goods, services, professional services that are not awarded pursuant to a competitive process
• Public street abandonments
• Private development plans
• Professional license revocations
• Rezoning of specific real estate parcels
• Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps
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Packet Pg. 340 Attachment: Levine Act Disclosure Form 2025_3-27-25 (7304 : Underground (Fuel) Storage Tanks at the Airport)
• 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
4.B.d
Packet Pg. 341 Attachment: Levine Act Disclosure Form 2025_3-27-25 (7304 : Underground (Fuel) Storage Tanks at the Airport)
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. 342 Attachment: Levine Act Disclosure Form 2025_3-27-25 (7304 : Underground (Fuel) Storage Tanks at the Airport) 1 David Yakobson
From: Alan Levenson <[email protected]>
Sent: Monday, November 17, 2025 2:30 PM
To: councilmtgitems
Cc: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; Andrew Wilder; [email protected]; Diane Reynolds; Geoffrey Neri; Margaret Griffin
Subject: item # 4B Fuel Tank Removal
EXTERNAL
Dear Mayor, Council Members, City Manager, and Airport Commissioners First, I want to acknowledge that the removal of the aging underground fuel tanks is an important and positive step.
Community members have raised concerns about their condition and safety for many years, and I appreciate that the State Water Resources Control Board has ordered their removal. This is long overdue and necessary.
As the City moves forward, I respectfully request transparency and public process regarding what will replace the existing tanks. The selection of a new fuel-storage and dispensing system is not ministerial. It is a discretionary decision, and different choices have different operational, environmental, and community impacts.
From what is publicly known, the City will need to evaluate whether to implement above-ground fuel tanks or a truck-to-truck fueling system. Each option requires coordination with the Fire Marshal and Public Works, and each carries different implications for emissions, soil disturbance, truck traffic, and neighborhood exposure. While truckto-truck transfers may function as a temporary bridge solution, they are not typically used as a long-term fueling method at airports of this size, especially under a remediation mandate. And whichever option is selected will likely remain in place for several years.
The City’s own Minimum Standards (2018) make clear that the replacement fueling system is a discretionary choice. Under these standards, a fuel farm may only be installed by an FBO with advance written approval of the Airport Director, and in some cases City Council authorization is required. If an FBO wishes to build its own fuel farm, it must lease the land, construct above-ground tanks, and meet all environmental and spill-containment requirements. The Minimum Standards also state that fuel-delivery trucks may not be used as long-term storage facilities, meaning a sustained truck-to-truck system would require an affirmative approval or a modification of the standards.
It is also important to note that neither FAA regulations nor the 2017 Consent Decree require the City, as airport sponsor, to provide fuel tanks or construct a fuel farm for Atlantic Aviation or any FBO. FAA rules require that aeronautical services be available on reasonable terms, but they do not obligate the City to supply or install fuelstorage infrastructure. This gives Santa Monica full discretion to evaluate options through a community-informed and environmentally sound process, rather than assuming any particular facility is federally required.
Because the choice of a replacement fueling system is discretionary, CEQA applies. Under CEQA, the removal of the existing tanks and the selection and implementation of a new fueling method together constitute a single project and should not be piecemealed into separate actions to avoid or minimize environmental review. Fueling infrastructure decisions affect hazardous materials handling, traffic, noise, air quality, soil disturbance, and public safety — exactly the types of impacts CEQA was designed to evaluate.
To be clear, I am not asking for any delay in the removal of the old tanks. That work is mandated by the State and should proceed. I am only asking that the subsequent decisions about the fueling system not be made internally or treated as predetermined without public process and the appropriate environmental review.
Item 4-B
November 18, 2025
Item 4-B
November 18, 2025
4.B.e
Packet Pg. 343 Attachment: Written Comments (7304 : Underground (Fuel) Storage Tanks at the Airport) 2 By placing this on the record now, the City can help ensure clarity, accountability, and community trust as this transition moves forward.
Thank you for your attention and for your work on this issue.
Alan Levenson
Founder NoJets
Resident of Sunset Park
Item 4-B
November 18, 2025
Item 4-B
November 18, 2025
4.B.e
Packet Pg. 344 Attachment: Written Comments (7304 : Underground (Fuel) Storage Tanks at the Airport) City Council
Report
City Council Meeting: November 18, 2025
Agenda Item: 4.C
1 of 3
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Approval of Modification to Purchase Order with West Coast Sand and Gravel, Inc. for Construction Aggregate and Asphalt Cold Mix 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 Guidelines; and
2. Authorize the Procurement Manager to issue a change order to purchase order #22600832 in the amount of $60,000 with West Coast Sand and Gravel for construction aggregate material for the Public Works Department. This would result in a revised purchase order total not to exceed $310,000, with future year funding contingent on Council budget approval.
Summary
The City of Santa Monica’s Water Resources Division utilizes construction aggregate material for trench backfill and to restore street and alley surfaces after repairing water and wastewater pipelines and installing new service connections to serve the community. West Coast Sand and Gravel, Inc. was selected as the best-qualified bidder following a competitive process solicitation. Expenditures are expected to exceed the authorized amount of $250,000 over the five-year contract period due to rising material costs and higher than expected emergency repair work needs (e.g., water main breaks).
Staff recommends increasing the approved spending authority by an amount not to exceed $60,000, for a new total amount not to exceed $310,000, to support these projects.
Discussion
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The City of Santa Monica’s Water Resources Division utilizes construction aggregate material to restore existing asphalt concrete after completing work on water main lines beneath City streets. These materials are essential to maintain the integrity and quality of street paving after water and wastewater related construction projects, as they are used to restore the excavated sections of the roadway.
On May 3, 2021, the Water Resources Division published a request for quotes to furnish and deliver crushed aggregate base and asphalt cold mix. A total of 11 vendors downloaded the request, and two vendors submitted quotes. West Coast Sand and Gravel, Inc. was selected as the best-qualified vendor based on the evaluation criteria outlined in Municipal Code 2.24.180. and was awarded a five-year agreement in an amount not to exceed $250,000. Due to higher than anticipated expenses from rising material costs and increased volume of projects (e.g., higher than estimated emergency repairs, i.e. water main breaks), Water Resources staff now seeks authority to approve available funding from the Water Fund to increase the purchase order in an amount not to exceed $60,000, for a new total amount not to exceed $310,000 to support these projects. The additional amount requested was calculated based on the estimated cost of projects remaining in the fiscal year.
Environmental Review
The purchase order for repair parts and supplies to perform preventive maintenance and/or emergency repairs is categorically exempt pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. Section 15301 exempts “the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” The award for construction aggregate would allow for continuance of day-to-day water operations and would not expand or materially change existing facilities or operations. The construction aggregate material is used to support the repair and/or replacement of existing water distribution and wastewater collection pipelines.
Therefore, the project is categorically exempt as set forth in Section 15301 of the CEQA Guidelines.
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Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Water Fund to increase the amount of the purchase order with West Coast Sand and Gravel, Inc. for construction aggregate material.
Purchase Order Modification Request
Agreement
#
Current
Authorized
Amount
FY 2025-26
Request Amount Dept/CIP Account #
Total Revised
Contract
Amount
22600832 $250,000 $60,000 50500001.525080 $310,000
Future year funding is contingent on Council budget approval.
Prepared By: Alvin Ho, Senior Administrative Analyst
Approved Forwarded to Council
Attachments:
A. FY 25-26 Oaks (West Coast Sand and Gravel)
B. FY 25-26 Levine Act (West Coast Sand and Gravel)
4.C
Packet Pg. 347
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: Title:
Signature: Date:
Email: Phone:
Permit #
FOR CITY USE ONLY:
Bid/PO/Contract #
4.C.a
Packet Pg. 348 Attachment: FY 25-26 Oaks (West Coast Sand and Gravel) (7321 : Change Order - West Coast Sand & Gravel) City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.
Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/ https://www.santamonica.gov/departments/rent-control https://www.smgov.net/boards/ Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
4.C.b
Packet Pg. 349 Attachment: FY 25-26 Levine Act (West Coast Sand and Gravel) (7321 : Change Order - West Coast Sand & Gravel) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:
Please note this form is a public record and subject to a California Public Records Act request.
4.C.b
Packet Pg. 350 Attachment: FY 25-26 Levine Act (West Coast Sand and Gravel) (7321 : Change Order - West Coast Sand & Gravel) City Council
Report
City Council Meeting: November 18, 2025
Agenda Item: 4.D
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Approval of Modification to the Purchase Order with Hach Company for Chemical Analyzer Equipment and Reagents
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 Guidelines; and
2. Authorize the Procurement Manager to issue a change order to purchase order #22600794 in the amount of $150,000 with Hach Company for water treatment chemical analyzer equipment and reagents for the Public Works Department.
This would result in a revised purchase order total not to exceed $525,000, with future year funding contingent on Council budget approval.
Summary
The City of Santa Monica utilizes a total of 48 Hach analyzers across the Arcadia Water Treatment Plant, Charnock Treatment Plant, and newly constructed Olympic Advanced Water Treatment Plant to continuously monitor the quality of groundwater treated and delivered through the City’s potable water distribution system. Hach Company is the sole manufacturer and distributor of these proprietary analyzers. Due to the specialized nature of the equipment, the City Council, at its June 22, 2021 meeting, authorized the Procurement Manager to issue a sole source purchase order with Hach Company as an exception to the competitive bidding process, in accordance with Section 2.24.250(b).
The original authorization was for an amount not to exceed $375,000 over five years.
Staff recommends increasing the approved spending authority by an amount not to exceed $150,000, for a new total amount not to exceed $525,000, to support increased water quality monitoring requirements mandated by state regulators and to support the
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recent upgrades and expansion of the Arcadia Water Treatment Plant that was completed in the summer of 2025.
Discussion
Various water quality analyzers are installed at the City’s three water treatment facilities to continuously monitor water quality and chemistry throughout the multi-barrier treatment processes. These online analyzers provide continuous monitoring of various water quality parameters, including pH, ammonia, monochloramines, free chlorine, conductivity, fluoride, sulfides, and turbidity to ensure each treatment process is within its design parameters to produce high-quality drinking water for the community. Water operators and chemists also use Hach instruments and reagents to calibrate testing equipment and perform daily water quality testing. These analyzers provide staff with the data needed to make treatment process adjustments at various steps during the multi-barrier water treatment process, in order to deliver potable water that meets or exceeds federal, state, and local requirements.
Hach Company is the sole authorized manufacturer and direct distributor for all Hachbranded instrumentation and chemistry lab reagents. It is for this proprietary reason that City Council awarded a sole source purchase order to Hach Company on June 22, 2021, to furnish and deliver water treatment chemical analyzer equipment and reagents as an exception to the competitive bidding process per SMMC Section 2.24.080 Exception to Competitive Bidding Section (b) in an amount not to exceed $375,000 over a five-year period with future funding contingent on City Council approval. Due to a rise in the price of consumables and increased purchases of these consumables from increased regulatory monitoring requirements from the recent completion of the Olympic Well Field Restoration and Arcadia Water Treatment Plant Expansion Project, Water Resources staff seeks authority to approve an additional amount not to exceed $150,000, for a new five year total not to exceed $525,000, to support Hach water quality analyzers used to provide 24/7 water quality monitoring at the City’s three water treatment plants. The additional amount was calculated based on the estimated quantity
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of consumables needed for the duration of the fiscal year and current pricing of those consumables.
Past Council Actions
Meeting Date Description
06/22/2021
(Attachment A)
Award of purchase order to furnish & deliver water treatment chemical analyzer equipment, instruments & reagents
Environmental Review
The purchase order for repair parts and supplies to perform preventive maintenance and/or emergency repairs is categorically exempt pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. Section 15301 “exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” The purchase order would allow for the continuance of day-to-day water operations at water treatment facilities and would not expand or materially change existing facilities or operations. Therefore, the project is categorically exempt as set forth in Section 15301 of the CEQA Guidelines.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Water Fund to increase the amount of the purchase order with Hach Company to furnish and deliver analyzer equipment and reagents.
Purchase Order Modification Request
Agreement #
Current
Authorized
Amount
FY 2025-26
Request
Amount
Account # Total Revised
Contract Amount
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Future year funding is contingent on Council budget approval.
Prepared By: Alvin Ho, Senior Administrative Analyst
Approved Forwarded to Council
Attachments:
A. June 22, 2021 Staff Report (Web Link)
B. FY 25-26 Oaks (Hach)
C. FY 25-26 Levine (Hach)
22600794 $375,000 $150,000 50500001.525080 $525,000
4.D
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4.D.b
Packet Pg. 355 Attachment: FY 25-26 Oaks (Hach) (7322 : Change Order - Hach Co for Analyzer Supplies)
HACH COMPANY
ACTION BY UNANIMOUS WRITTEN CONSENT IN LIEU OF
A MEETING OF DIRECTORS
Pursuant to the provisions of Section 141 of the Delaware General Corporation Law and in lieu of a meeting of directors for such purposes, the undersigned, constituting all of the directors of Hach Company , do hereby consent to the following actions permitted to be taken by the Board of Directors without the necessity of any formal meeting being held:
Appointment of Officers
WHEREAS, the Board of Directors desires to elect officers of the Company to serve until the earliest of the next annual meeting (or action by written consent in lieu of an annual meeting) of the Board of Directors of the Company, until their respective successors are elected and qualified or until their resignation, removal or death.
NOW THEREFORE, BE IT RESOLVED, that the following individuals are hereby elected to serve as officers of the Company, to serve until the earliest of the next annual meeting (or action by written consent in lieu of an annual meeting) of the Board of Directors of the Company, until their respective successors are elected and qualified or until their resignation, removal or death:
Brett A. Cornell Vice President
Hermes Gonzales President
Kevin A. Klau Executive Vice President
Robert S. Lutz Vice President
Frank T. McFaden Vice President and Treasurer
Vice President and Secretary
Christophe Pattyn Vice President - Chief Financial Officer Adam Tursi Assistant Treasurer and Assistant Secretary
Ephraim Starr Vice President and General Counsel
Darin Stell Vice President Sales
Michael J. Strycker Vice President
Kurt Tyler Commercial President, High Growth Markets
Sudhaker Varshney Vice President Operations
Kornelija Zgonc Vice President Research & Development
Tax Delegation of Authority
RESOLVED, that each person in the Danaher Corporation tax department with a title of Director or higher behalf of the Company in all tax and taxation matters at the Federal, State and local levels of government of the United States, and in so doing, is hereby authorized to prepare, execute and file documents of any nature in the conduct of the tax affairs of the Company with such authorities and responsibilities to include, but not be limited to, preparation and filing of tax returns, tax reports and tax renditions; payment of taxes and related licenses and fees; receipt, but not endorsement, negotiation or collection, of checks in payment of any refund of taxes, penalties and interest; inspection and receipt of confidential information, filing of tax protests and claims; prosecuting, defending and compromising tax litigations; providing a system of records retention, and the execution of all documents, including waivers, necessary or desirable in connection therewith;
FURTHER RESOLVED, that for the sole purpose of executing and delivering any and all instruments and documents under the authority granted above, each of the Danaher Tax Delegates is hereby designated
4.D.b
Packet Pg. 356 Attachment: FY 25-26 Oaks (Hach) (7322 : Change Order - Hach Co for Analyzer Supplies) as Assistant Treasurer Taxes, respectively, of the Company, to serve until the earliest of the next annual meeting (or action by written consent in lieu of an annual meeting) of the Board of Directors of the Company, until such individual is no longer considered a Danaher Tax Delegate or until his or her resignation, removal or death;
FURTHER RESOLVED, that for the sole purpose of certifying all instruments, documents, and records of the Company, to attest to the authority and position of any signatory whose signature may be affixed to an instrument, and to execute on behalf of the Company affidavits, pleadings and other documents in connection with tax litigation and other tax proceedings and for the purpose of executing and delivering any and all instruments and documents under the authority granted above, each of the Danaher Tax Delegates is hereby designated as Assistant Treasurer Taxes, respectively, of the Company, to serve until the earliest of the next annual meeting (or action by written consent in lieu of an annual meeting) of the Board of Directors of the Company, until such individual is no longer considered a Danaher Tax Delegate or until his or her resignation, removal or death; FURTHER RESOLVED, that for the purpose of paying, on behalf of and for the account of the Company, all Federal, State and local taxes, depository payments, licenses, fees, penalties and interest which may from time to time be owed by or due from the Company in connection with its tax affairs, each of the Danaher Tax Delegates is hereby authorized to make such payments. Amounts for such payments may be drawn on Danaher Corporation bank accounts, for the account of the Company, and if so the Company will be billed for any such amounts paid on behalf of the Company by Danaher Corporation; FURTHER RESOLVED, that all prior Resolutions adopted by the Board of Directors relating to the subject matter of the foregoing Resolutions are hereby replaced by these Resolutions, but all actions taken in accordance with these Resolutions or any such prior Resolutions are hereby affirmed and ratified; and FURTHER RESOLVED, that the delegation of authority contained in these Resolutions shall continue in full force and effect until these Resolutions are amended, replaced or rescinded by further action of the Board of Directors.
Treasury Delegation of Authority
managing certain banking transactions on behalf of the Company, and that certain officers within Danaher of the Company, and it is therefore:
RESOLVED, that any one or more of - orized in the name
of and on behalf of the Company, acting singly or jointly, to open and close, or to authorize any designated person or persons to open and close, from time to time, one or more accounts in the name of the Company funds of the Company may be deposited, whether represented by cash, checks, notes or other evidences of debt, or any securities owned by the Company;
FURTHER RESOLVED, that any endorsement for deposit to an Account may be in the form of a written or stamped endorsement of the Company without identification of the person making the endorsement; FURTHER RESOLVED, that any one or more of the Danaher Treasury Delegates are hereby authorized in the name and on behalf of the Company, acting singly or jointly, to establish or confirm or to authorize any designated person or persons to establish and confirm, from time to time, by written notice to an Authorized Depository: (i) authority of any designated person or persons, acting jointly, to withdraw funds from Account(s) by commercially recognized means, including telephone instruction, electronic funds transfer, manual signature, and facsimile signature; (ii) termination of authority previously granted to any person or persons with respect to Account(s); and (iii) special requirements or conditions in connection with Account(s);
4.D.b
Packet Pg. 357 Attachment: FY 25-26 Oaks (Hach) (7322 : Change Order - Hach Co for Analyzer Supplies) City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.
Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/ https://www.santamonica.gov/departments/rent-control https://www.smgov.net/boards/ Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
4.D.c
Packet Pg. 358 Attachment: FY 25-26 Levine (Hach) (7322 : Change Order - Hach Co for Analyzer Supplies) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:
Please note this form is a public record and subject to a California Public Records Act request.
4.D.c
Packet Pg. 359 Attachment: FY 25-26 Levine (Hach) (7322 : Change Order - Hach Co for Analyzer Supplies) City Council
Report
City Council Meeting: November 18, 2025
Agenda Item: 4.E
1 of 6
To: Mayor and City Council
From: Oliver Chi, City Manager, City Manager's Office
Subject: Approval to accept FEMA Public Assistance Grant funds to reimburse the City of Santa Monica for January 2025 Palisades Fire and windstorm incident response costs
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 in the full amount awarded, of up to $1,541,271.89 from the Department of Homeland Security, Federal Emergency Management through the State of California, Governor’s Office of Emergency Services Program for reimbursement of funds spent on The City of Santa Monica’s Palisades Fire and windstorm emergency response activities, in the City Manager’s Office, and to accept all grant renewals; and
3. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals.
Summary
Staff seeks Council authorization to accept federal grants from the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) through the State of California, Governor’s Office of Emergency Services (CalOES) program. The grants will reimburse the City of Santa Monica (City) for eligible city funds spent during the January 2025 Palisades Fire and windstorm. This funding was made possible by the Presidential declaration of a major disaster for the State of California (4856-DR-CA) dated January 8, 2025. The grant is being managed by the City of Santa Monica’s Office of Emergency Management (OEM).
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Under the Public Assistance Program, the City receives FEMA funds as a sub-grantee of CalOES. The subgrant conditions state that the Department of Homeland Security Standard Terms and Conditions as of the declaration date of the emergency flow down to the City as subrecipient. The Department of Homeland Standard Terms and Conditions in effect on January 7, 2025, do not include any conditions related to cooperation with federal immigration enforcement or dismantling DEI initiatives.
Grant funds will be used to reimburse the City of Santa Monica for completed emergency response activities that have been grouped into seven FEMA public assistance projects. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”) sets the federal cost-sharing thresholds for disaster public assistance projects, ranging from 100% - 75%. The City of Santa Monica has submitted applications for the reimbursement projects/grants listed below.
All work activities related to the projects have been completed, in accordance with the grants’ performance deadlines.
Project
#
Description Total Initial
Project Cost
Best Available
Reimbursement
Federal
Cost-Share
811095 Emergency Operations
Center and Incident
Command Post supplies
and equipment
$72,562.05 $72,562.05 100%
818103 City staff labor (straight
and overtime) to conduct
windstorm debris
removal
$97,200.00 $72,900.60 75%
818109 City staff labor (straight
and overtime) and
logistical costs to
conduct debris removal
on PCH for wildfire
mitigation activities
$24,177.98 $18,133.49 75%
818370 Memorial Park
windstorm fence repairs
$59,080.00 $44,310.00 75%
825922 Contract labor costs for
windstorm debris
removal
$202,576.60 $151,932.00 75%
826612 City staff labor
(overtime) to implement
evacuation and curfew
orders and conduct local
$1,171,433.75 $1,171,433.75 100%
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firefighting patrols
N/A City staff time for
management activities to
complete FEMA grant
activities
Est. $10,000.00 Est. $10,000.00 100%
TOTALS $1,637,031.18 $1,541,271.89
Discussion
On January 7, 2025, the Los Angeles region was under a “Potentially Dangerous Situation Red Flag Warning” with dangerous wildfire weather potential and high winds.
At 10:27am, Santa Monica OEM public safety dispatchers first received a call reporting smoke in the Santa Monica Mountains towards the Pacific Palisades. Twenty-five minutes later, Los Angeles Fire Department requested firefighting mutual aid to support a wildfire event, later known as the Palisades Fire.
Based on worsening wind conditions and the need to assist with Pacific Palisades and Malibu with evacuations along Pacific Coast Highway, the City of Santa Monica quickly activated its Emergency Operations Center (EOC). The EOC was overseen by Office of Emergency Management personnel and comprised of trained personnel from several city departments, including Santa Monica City Manager’s Office, Police, Fire, Transportation and Public Works. This collaborative team worked to facilitate immediate response support including public communications, situation monitoring, oversight of evacuation procedures and liaising with city of Los Angeles and other regional response agencies.
Winds increased dramatically during the evening of January 7, 2025, and continued throughout the night. Local straight-line winds resulted in 178 tree branch or whole tree failures within Santa Monica. The wildfire in Pacific Palisades grew to an unprecedented level, burning 23,448 acres and resulting in the total loss of 6,837 homes, businesses and other structures. Significant fire growth to the south resulted in the City of Santa Monica implementing evacuation orders for the most northern part of the city on January 7, 2025 and expanding the evacuation order zone based on continued fire growth the following day. In response to the wildfire and required evacuations, city officials proclaimed an emergency on January 8, 2025. This order included a curfew
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order for all evacuated areas within the city of Santa Monica to ensure the protection of evacuated properties.
To facilitate the evacuation and curfew orders, Santa Monica Police Department (SMPD) maintained and monitored traffic closure points in the evacuation order zone and patrolled the curfew order zone 24/7 to ensure security in evacuated areas and prevent criminal activity. Santa Monica Fire Department (SMFD) personnel conducted brush firefighting patrols of local evacuation order areas and coastal bluffs with the high brush fire vulnerability. SMFD also served as key liaisons to firefighting resources assigned to the fire’s southern edge and the Cal Fire Incident Management Team, who led and managed the disaster event. Santa Monica Department of Transportation personnel made free transportation available to evacuees for pick-up and drop-off at the American Red Cross evacuation shelter. Voluntary evacuation warnings were lifted in Santa Monica on January 18, 2025. City of Santa Monica did not sustain any direct wildfire property damage.
Debris management activities were quickly implemented to ensure the safety of residents and emergency response activities proceeded unhindered. The city of Santa Monica’s Public Works Department facilitated the collection of approximately 445 tons of windstorm vegetation debris. Debris management activities were performed by city personnel and contractors under existing contract emergency provisions. Contractors cut down and removed larger fallen trees and city staff transported debris to appropriate waste sites. City personnel also collected smaller tree branches, palm fronds, and large amounts of pine needles deposited on city streets and sidewalks to reduce wildfire ignition points and hazards on public right-of-ways. Public Works evaluated city properties for damage and oversaw the repair of wind-damaged baseball field fencing at Memorial Park. In addition, during the public closure of Pacific Coast Highway due to emergency vehicle traffic, the city of Santa Monica worked with Cal Trans and Cal Fire to perform debris management and wildfire mitigation activities along the steep coastal bluffs adjacent to Pacific Coast Highway. These mitigation activities resulted in the collection and disposal of an additional 86 tons of vegetation debris by city Public Works employees. Debris activities started at the beginning of the event and concluded by January 31, 2025.
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The costs submitted to FEMA were required during Santa Monica’s governmental response to protect the lives and safety of Santa Monica residents, businesses, and visitors and prevent property damage within city borders. All city actions were coordinated by the multi-departmental Emergency Operations Center, overseen by Santa Monica OEM. The documentation of city disaster response spending, including staff hours, is planned pre-disaster by OEM and the Finance Department based on FEMA reimbursement requirements. In the wildfire recovery phase, OEM has facilitated and reviewed all incident documentation and has worked closely with FEMA and Cal OES personnel to submit reimbursement projects that maximize Santa Monica’s reimbursement opportunities.
Environmental Review
The acceptance of grant funds is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Grant funding would be used to reimburse costs for the Palisades Fire. Therefore, it can be seen with certainty that the agreement would not result in adverse physical impacts on the environment, and as such, exempt from CEQA.
Financial Impacts & Budget Action
There is no immediate budget action necessary as a result of the recommended action.
OEM has submitted applications to FEMA to request reimbursement totaling $1,541,271.89, which is the maximum that the City can receive for its costs relating to the Palisades Fire and windstorm emergency response activities.
The exact timing and amount of the reimbursement revenues are indeterminate at this time. Reimbursement revenues will be deposited in the Miscellaneous Grants Fund account 20200002.406190 and in turn, transferred to the appropriate fund that incurred the original expense. Budget adjustments would be incorporated in a future budget cycle, if needed.
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Prepared By: Lindsay Call, Chief Resilience Officer
Approved Forwarded to Council
Attachments:
A. Written Comments
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1 David Yakobson
From: Kevin McKeown <[email protected]>
Sent: Tuesday, November 11, 2025 1:39 PM
To: Oliver Chi; councilmtgitems
Cc: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Subject: Item 4-E: FEMA money
EXTERNAL
> The Department of Homeland Standard Terms and Conditions in effect on > January 7, 2025, do not include any conditions related to cooperation > with federal immigration enforcement or dismantling DEI initiatives.
Thank you for stating this clearly in the staff report.
Kevin
————————————
K e v i n M c K e o w n
https://urldefense.com/v3/__http://www.mckeown.net__;!!OfuUnHCITYtmmjM!oD3saSwG0LYCNY8IwXe1LXa7N va3mE8ybFoW3WDtG_mdIpVEiUu4VvDCcSYtxJJAwbmA-6wh_xG7s26W8KMOHAscvzU$ Choose to be conscious
————————————
Item 4-E
November 18, 2025
Item 4-E
November 18, 2025
4.E.a
Packet Pg. 366 Attachment: Written Comments (7328 : Approval to accept FEMA Public Assistance Grant funds) City Council
Report
City Council Meeting: November 18, 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: Award RFP #SP2456 to Jacobs Engineering Group, Inc. for Operation, Maintenance and Management Services of the Sustainable Water Infrastructure Project (SWIP) Advanced Water Treatment Facilities Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;
2. Award RFP #SP2456 to Jacobs Engineering Group, Inc. to provide operation, maintenance and management services for the Sustainable Water Infrastructure Project (SWIP) advanced water treatment facilities for the Public Works Department; and
3. Authorize the City Manager to negotiate and execute a contract with Jacobs Engineering Group, Inc., in an amount not to exceed $16,000,000 (including a 10% contingency) over a five-year period.
Summary
The City of Santa Monica continues to be a recognized leader in the world for its innovative water infrastructure projects and environmental policies aimed at providing a resilient, reliable, and sustainable water supply. A key cornerstone in the City’s effort to provide a local, drought, resilient water supply is the Sustainable Water Infrastructure Project, or SWIP, that leverages stormwater, dry weather urban runoff, and municipal wastewater to produce purified water to augment the City’s water supply. The SWIP was delivered through a design-build-operate model, where the design-build team that constructed the SWIP also provided two years of operations of the SWIP, Santa Monica Urban Runoff Recycling Facility (SMURRF), and other supporting facilities after construction completion. Due to the unique nature and evolving state regulatory
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requirements for treatment operator certification for facilities like SWIP, the City currently does not employ treatment operators whose certification levels meet the state regulations required to operate the SWIP and must therefore contract out these services to operate the facility. Staff recommends awarding the SWIP operations and maintenance contract to Jacobs Engineering Group (Jacobs). If the operating conditions and requirements for SWIP remain unchanged after the five-year contract period, staff will return to City Council to seek renewal of the SWIP five-year operations contract.
Discussion
The City’s 2018 Sustainable Water Master Plan established the strategic framework for Santa Monica’s pathway to reduce reliance on imported water supplies and provide a climate, resilient, local water supply for the community. Achieving this goal is essential to maintaining local control over water resources and ensuring long-term resilience in the face of climate variability, supply interruptions, and regulatory challenges. A key cornerstone of the 2018 Sustainable Water Master Plan is the Sustainable Water Infrastructure Project (SWIP), a major initiative aimed at enhancing the City’s long-term water resilience. Completed in late 2022, SWIP underwent rigorous regulatory testing before officially beginning operations in 2023. The project plays a critical role in advancing sustainable water management through infrastructure that supports water recycling, reliability, and climate adaptation. The SWIP captures and treats alternative water sources (e.g., stormwater, dry weather urban runoff, and municipal wastewater) through a six-step water purification process that consists of a rotary drum screen, membrane bioreactor, cartridge filtration, reverse osmosis, ultraviolet/advanced oxidation processes, and chlorine disinfection to produce highly purified water for nonpotable uses (e.g., irrigation and toilet flushing); potable reuse to recharge local groundwater aquifers, and potential future direct potable reuse.
The SWIP is currently operated by Kiewit Infrastructure West Co. through a designbuild-operate contract that expires in February 2026. The City’s Water Resources Division has not operated wastewater treatment facilities and/or an advanced water purification facility like SWIP and does not have operations staff with the necessary experience and state certifications required by the State Water Resources Control
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Board. In addition, regulatory requirements for treatment operator certification are still evolving and may change within the next five years pending future potable reuse applications of purified water produced by the SWIP.
This new contract would authorize operations and maintenance services at the SWIP to Jacobs. Jacob’s staff would provide 24/7 operations services with six on-site staff: four state-certified wastewater treatment/advanced water treatment plant operators and two maintenance technicians. The six staff would each work 40 hours per week, in addition to as-needed on-call services on a 24/7 basis for emergencies. Jacobs would also provide administrative and engineering support to comply with all the requirements of the City’s operating permit issued by the California Regional Water Quality Control Board, Los Angeles Region. Jacobs would perform day-to-day operations at the SWIP facilities, maintain and repair equipment, ensure the proper application of chemicals, perform and coordinate repairs, take water samples, monitor various analyzers and other instrumentation, keep records, prepare reports, update safety/training and operations plans, and perform other duties as required. The average labor cost over the five-year period for the six full-time staff operating SWIP, along with two management/administrative staff, is approximately $1.8 million per year, totaling roughly $9 million over the five-year period. The contract also includes City-controlled allowances that average approximately $1.1 million per year, or a total of roughly $5.4 million over the same period.
These City-controlled allowances cover service agreements for the advanced water treatment processes at SWIP, spare parts and equipment, optimization services for the groundwater recharge wells, general consumables (e.g., chemicals and maintenance supplies), and process engineering support services to optimize SWIP operations. The contract operation cost is consistent with current water industry costs in California—for example, contract operation services recently procured by the West Basin Municipal Water District in El Segundo and the Soquel Creek Water District in Northern California, both of which operate similar advanced water purification facilities like SWIP.
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RFP Information
Best Qualified Firm Jacobs
Evaluation Criteria Technical ability and experience with similar facilities; qualifications of staff for work on similar facilities; suggested modifications and innovative/advance techniques; safety and permit compliance record; cost and financial responsibility Municipal Code SMMC 2.24.190
Justification to Award
The proposals were reviewed by an evaluation committee consisting of staff from the Public Works Department – Water Resources Division. Jacobs was selected as the best-qualified firm based on their technical ability and experience with operating similar facilities in California with the most recent permit conditions (e.g., Soquel Creek Water District and West Basin Municipal Water District). Their key staff personnel are highly qualified and have direct experience with similar advanced water/wastewater facilities. Their proposed innovative and advanced techniques for operational efficiency (e.g. AquaDNA Deragger for lift station optimization) were included in their base scope of services. They also have a proven track record in regulatory compliance and use of a digital enabled safety program, along with competitive pricing that included value-added offerings to support the City.
Environmental Review
Operations and maintenance services are categorically exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines. Section 15301 exempts Class 1 (Existing Submittals Received
Inframark, LLC Perc Water
Jacobs Veolia Water West Operating Services,
Inc.
RFP Data
Date
Posted Posted On
Advertise In
(City Charter &
SMMC)
Vendors
Downloaded
Date Publicly
Opened
7/18/2025 City's Online
Bidding Site
Santa Monica Daily
Press
89 9/12/2025
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Facilities) projects from CEQA, which include the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The award of the contract would allow for continuance of SWIP operations and would not expand or materially change existing facilities or operations. Therefore, the project is categorically exempt as set forth in Section 15301 of the CEQA Guidelines.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Wastewater Fund to award a contract to Jacobs to operate, manage, and maintain SWIP facilities. The Clean Beaches and Ocean Parcel Tax Fund would contribute to the operating costs of maintaining the SWIP by making annual transfers of approximately 30% of the total operating cost to the Wastewater Fund. Future year funding is contingent on Council budget approval.
Contract Request
FY 2025-26
Request Amount
Future Years
Amount Account # Total Contract Amount
$2,250,000 $13,750,000 51500001.55001N $16,000,000
Prepared By: Jason Hoang, Principal Civil Engineer
Approved Forwarded to Council
Attachments:
A. FY 25-26 Oaks Initiative (Jacobs Engineering)
B. FY 25-26 Levine Act (Jacobs Engineering)
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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 #
None
4.F.a
Packet Pg. 372 Attachment: FY 25-26 Oaks Initiative (Jacobs Engineering) (7329 : SWIP Operations & Maintenance - Jacobs) City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.
Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/ https://www.santamonica.gov/departments/rent-control https://www.smgov.net/boards/ Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
4.F.b
Packet Pg. 373 Attachment: FY 25-26 Levine Act (Jacobs Engineering) (7329 : SWIP Operations & Maintenance - Jacobs) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:
Please note this form is a public record and subject to a California Public Records Act request.
4.F.b
Packet Pg. 374 Attachment: FY 25-26 Levine Act (Jacobs Engineering) (7329 : SWIP Operations & Maintenance - Jacobs) City Council
Report
City Council Meeting: November 18, 2025
Agenda Item: 4.G
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Fleet Services Subject: Approval of First Modification to Agreement #4980 with Natural Gas Systems, Inc. for Compressor Maintenance and Repair Services
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. Authorize the City Manager to negotiate and execute a first modification to agreement #4980 in the amount of $257,000 with Natural Gas Systems, Inc., a California-based company, to continue providing maintenance, service, and repair for Compressed Natural Gas compressors and related equipment for the Santa Monica City Yards. This will result in a five-year amended agreement with a new total not-to-exceed amount of $503,000, with future year funding contingent on Council budget approval.
Summary
The City of Santa Monica’s Public Works Department provides essential services that maintain clean and safe neighborhoods and open spaces for residents, visitors, and City staff. These operations rely on vehicles and equipment managed and maintained by the City’s Fleet Management Division. Many of these vehicles operate on Compressed Natural Gas (CNG), a cleaner alternative fuel. To ensure reliable operations, minimize service disruptions, reduce maintenance costs, and maintain compliance with California Air Resources Board (CARB) Advanced Clean Fleet (ACF) regulations, staff recommends the continued maintenance of the CNG compressors by the vendor, Natural Gas Systems, Inc. (NGS).
Maintaining these compressors is essential to producing the CNG needed to fuel the
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fleet and support the City’s ongoing compliance with CARB requirements. Staff collaborated with the Procurement Division and, in accordance with Santa Monica Municipal Code (SMMC) 2.24.250 (g), recommends authorizing an additional $257,000 in funding for agreement #4980 with Natural Gas Systems, Inc. (NGS) to support the continued service and repair of the CNG compressors due to the potential for substantial economic loss.
Discussion
The Fleet Management Division is responsible for ensuring the City’s diverse fleet of over 800 vehicles is available, dependable, meets the highest environmental standards for sustainability, and is safe to operate from acquisition through disposal — many of which use Compressed Natural Gas (CNG) fuel. Many fleet vehicles rely on CNG and will continue to do so for at least another six to ten years. Critical service vehicles—such as those recently put into service by Resource Recovery and Recycling—are CNG fueled. Natural gas is supplied by the Southern California Gas Company in an uncompressed form. Compressors located within City Yards then compress the natural gas into the high-pressure CNG that fleet vehicles use.
Vendor Natural Gas Systems, Inc. (NGS) has been the only provider that staff has been able to identify as capable of servicing and repairing these compressors. Following a bidding process (RFQ No. 12300117) in July, 2022, staff executed a contract with NGS on February 10, 2023, for a term of one year with four additional one-year extension options, for a total amount not to exceed $246,000. Staff has extended - and intends to continue extending - the contract until 2028; however, only $20,000 of the original compensation amount remains. The original estimated requested contract amount is no longer sufficient due to increased repair costs during monthly visits and a higher frequency of emergency calls to NGS to service the non-functioning CNG compressors.
While the scheduled monthly visits under the contract were previously adequate to keep the compressors operational, staff has had to make emergency calls more frequently, as this has become the only way to restore functionality. The compressors have required such emergency service five times in 2025. Additionally, an overhaul service
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for the compressors was not included at the time of contract execution but is now necessary to maintain their operation. Staff collaborated with the Procurement Division, who approved the determination that this is considered an exception to competitive bidding based on SMMC 2.24.250 (g). Provision SMMC 2.24.250(g) allows for an exception based on determination that there is insufficient time to conduct a competitive process for a critical need, and failure to act could result in substantial economic loss.
Therefore, staff requests an additional $257,000 for this contract, which includes a 15% contingency plus emergency repairs. This amount accounts for monthly service throughout the contract term, the imminent cost to overhaul each of the four compressors, and an estimate for potential emergency services.
Item Quantity Total
Monthly Service 36 $ 81,322.56
Overhaul - Rebuild 4 $100,000.00
15% Contingency Plus
Emergency Repairs
$ 75,677.44
TOTAL $ 257,000.00
Other than vendor NGS, staff found no suitable vendors to complete this work. Staff has explored alternatives to increasing the contract amount in an effort to retain the most economical services for the City. These efforts included searching for another vendor via Department of Transportation contacts, cooperative sourcing contacts (e.g., Sourcewell), and conducting its own due diligence by researching and contacting other potential vendors. Furthermore, NGS has assessed our compressors and advised that they still have remaining service life and are considered best-in-class within the industry, despite being expensive to maintain. Therefore, staff has decided to maintain the current compressors rather than replace them.
The consequences of not maintaining these CNG compressors are significant. Without adequate funds, the compressors would likely become non-operational, resulting in a lack of CNG to fuel critical vehicles at City Yards. The Fleet Management Division would then need to purchase potentially lower-quality CNG from third-party providers, which
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could lead to more breakdowns, contamination of vehicle CNG systems, and higher repair costs.
Environmental Review
The contract modification for CNG Compressor service is categorically exempt from CEQA pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines. Section 15301 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.
The contract would provide for maintenance of the existing CNG compressor maintenance with the same purpose and capacity. Therefore, contract is categorically exempt as set forth in Section 15301 of the CEQA Guidelines.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Vehicle Management Fund to increase the contract amount with Natural Gas Systems, Inc. to provide maintenance, service, and repair for CNG compressors and related equipment. Future year funding is contingent on Council budget approval.
Agreement Modification Request – CT #4980
Current
Authorized
Amount
FY 2025-26
Request
Amount
Future
Year(s) Amount Dept. Account # Total Revised Contract Amount $246,000 $30,540 $67,120 70500001.529081 $343,660
$12,056 $26,494 70500001.529084 $38,550
$37,774 $83,016 70500001.529085 $120,790
$246,000 $80,370 $176,630 $503,000.00
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Prepared By: Ernest Kwong, Senior Administrative Analyst Approved Forwarded to Council
Attachments:
A. NGS_OAKS_7.15.25
B. NGS_LevineAct_7.15.25
C. Natural Gas Systems CSA Executed - 4980
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CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection.
It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after theofficial votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of SantaMonica.
All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees.
Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, theCity compiles and maintains certain information. That information includes the name of any personorpersons whois seeking a “publicbenefit.” If the“public benefit” is sought by an entity, ratherthan an individual person, the information includes the nameof everyperson who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.
4.G.a
Packet Pg. 380 Attachment: NGS_OAKS_7.15.25 (7337 : Authorization to Increase Contract amount with Natural Gas Systems for Compressor Maintenance)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-monthperiod;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: Title:
Signature: Date:
Email: Phone:
Permit #
FOR CITY USE ONLY:
Bid/PO/Contract #
4.G.a
Packet Pg. 381 Attachment: NGS_OAKS_7.15.25 (7337 : Authorization to Increase Contract amount with Natural Gas Systems for Compressor Maintenance) City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.
Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards/
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
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Packet Pg. 382 Attachment: NGS_LevineAct_7.15.25 (7337 : Authorization to Increase Contract amount with Natural Gas Systems for Compressor City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUEAND CORRECT.
Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:
Please note this form is a public record and subject to a California Public Records Act request.
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Packet Pg. 383 Attachment: NGS_LevineAct_7.15.25 (7337 : Authorization to Increase Contract amount with Natural Gas Systems for Compressor 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 $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. 385 Attachment: NGS_LevineAct_7.15.25 (7337 : Authorization to Increase Contract amount with Natural Gas Systems for Compressor
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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Agreement No. 4980
CONTRACTUAL SERVICES AGREEMENT
This Contractual Services Agreement (“Agreement”), entered into as of _________________ (“Execution Date”), by and between the CITY OF SANTA MONICA, a municipal corporation (“City”), and NATURAL GAS SYSTEMS, INC. (“NGS”), 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. NGS is qualified to do business, and is doing business, in the State of California.
NGS represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Agreement.
C. The City and NGS desire to enter into an agreement for the NGS 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 one (1) year after the Execution Date (“Original Term”), unless sooner terminated in accordance with Section 14.
1.1. Option to Extend. The City, in its sole and absolute discretion, shall have the option to renew this Agreement for up to four (4) additional one-year periods (each referenced herein as an “Extension Term”). The City may exercise each 1-year option by letter to the Contractor from its City Manager prior to the end of the Original Term or prior to the end of any Extension Term, if any. The exercise of each 1-year option shall automatically extend the term of this Agreement up through the end of the Extension Term.
2. NGS Services. NGS will perform all of the services (“Services”) described in Exhibit A, Scope of Services. NGS will complete the Services in accordance with Exhibit B, Budget.
3. City Services. The City agrees to:
3.1 Make available to NGS any currently existing documents, data or information required for the performance of the Services.
DocuSign Envelope ID: FA8C40D3-3291-41D5-898E-F18B67E9B88F 2/10/2023
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3.2 Designate a representative authorized to act on behalf of City.
3.3 Promptly examine and render findings on all documents submitted for staff review by NGS.
4. Compensation. The City will compensate NGS for the Services performed in an amount not to exceed $246,000, as set forth in Exhibit B.
5. Invoices. NGS will invoice the City for the Services in accordance with Exhibit B and the City will pay any undisputed amount within 30 days of receipt.
6. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:
6.1 All notices, demands, requests or approvals to the City:
Fleet Management Division
City of Santa Monica
2500 Michigan Blvd. Building F
Santa Monica, California 90401
Attention: Doris Mejia
Re: Contract No. 4980
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. 4980
6.2 All notices, demands, requests or approvals to NGS:
NGS
3334 E Coast Hwy
Corona Del Mar, CA 92625
Attention: John Shield
[email protected]
Re: Contract No. 4980
7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.
Neither the City nor its officers or employees will have any control over the conduct of NGS or any of NGS’s agents, employees, or subcontractors, except as otherwise provided in this Agreement.
DocuSign Envelope ID: FA8C40D3-3291-41D5-898E-F18B67E9B88F
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8. Integrated Agreement. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement. This Agreement may be modified only by written agreement signed by City and NGS, and approved as to form by the City Attorney.
9. Insurance. Prior to commencing work, NGS 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 NGS or NGS’s agents, representatives, employees or subcontractors for the duration of this Agreement. NGS 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 NGS 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 NGS, or NGS’s employees, agents, officers, and subcontractors. NGS’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 NGS, its employees, agents or officers, or subcontractors; provided, however, that NGS’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 NGS’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from NGS, if City chooses to do so.
10.2 Enforcement Costs. NGS agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1.
11. Prohibition Against Transfers.
11.1 NGS 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.
DocuSign Envelope ID: FA8C40D3-3291-41D5-898E-F18B67E9B88F
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11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of NGS or of any general partner or joint venturer or syndicate member of NGS, if a partnership or joint venture or syndicate exists, which results in changing the control of NGS, 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. NGS, 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 NGS fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City’s written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to NGS.
14.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days’ written notice to NGS. Upon termination of this Agreement, City will pay NGS any compensation earned and unpaid up to the effective date of termination.
15. Compliance with Law. NGS 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 including, but not limited to, Articles 2 and 3, Division 2, Part 7, Chapter 1 of the Labor Code, State of California related to prevailing wage, apprentices, penalties, and certified payroll.
16. Notice of Registration Requirements with and Compliance Monitoring and Enforcement by the Department of Industrial Relations. NGS hereby acknowledges and agrees that:
16.1No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
16.2No contractor or subcontractor may be awarded an agreement for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
16.3This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
DocuSign Envelope ID: FA8C40D3-3291-41D5-898E-F18B67E9B88F
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17. Discrimination. NGS 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.
18. Nuisance. NGS may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.
19. Records.
19.1 NGS 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, subcontractor costs, or other direct costs. NGS 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.
19.2 NGS must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. NGS must clearly identify all records and make them readily accessible to the City. At the City’s request, NGS must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.
19.3 NGS must allow the City to have free access to NGS’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 NGS’s records, and NGS 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 NGS, NGS agrees to pay the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.
20. Work Product; Reports.
20.1 Any work product prepared or caused to be prepared by NGS or any subcontractor for this Agreement will be the exclusive property of City. No work product given to or prepared by NGS or any subcontractor pursuant to this Agreement may be made available to any individual or organization by NGS without prior written approval by City.
20.2 At the City’s request, NGS must furnish reports concerning the status of the Services.
21. Standard of Care. NGS agrees to provide all Services, including services performed by any subcontractor, in a manner consistent with the level of care and skill ordinarily exercised by members of NGS’s profession currently practicing in the same locality under similar conditions.
DocuSign Envelope ID: FA8C40D3-3291-41D5-898E-F18B67E9B88F
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22. Subcontractors.
22.1 If NGS proposes to have any subcontractor perform any part of the Services, NGS must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subcontractor, and the total price or hourly rates used in preparing an estimated cost for the subcontractor’s services. The City, in its sole discretion, may grant or deny the request.
22.2 NGS will be responsible for the quality of any subcontractor’s work. Every subcontract or agreement of any kind entered into between NGS and any subcontractor (or between any subcontractor and others) must contain the following provision:
This agreement is consistent with all terms and conditions of the Agreement No. 4980 entered into between the City of Santa Monica and NGS on^^____________________.
23. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
24. Venue and Jurisdiction. The City and NGS 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.
25. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement. //
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DocuSign Envelope ID: FA8C40D3-3291-41D5-898E-F18B67E9B88F 2/10/2023
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26. Execution in Counterparts. This Agreement may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single Agreement. Any signature to this Agreement transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
27. Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.
Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
NGS Corporation
#VENDOR
By: ________________________________
DocuSign Envelope ID: FA8C40D3-3291-41D5-898E-F18B67E9B88F 1/24/2023
DOUGLAS SLOAN
City Attorney
2/8/2023
John Shield
Field Service Manager
Natural Gas Systems, Inc.
David White
City Manager
2/13/2023 2/10/2023
City Clerk
Denise Anderson-Warren
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Packet Pg. 393 Attachment: Natural Gas Systems CSA Executed - 4980 (7337 : Authorization to Increase Contract amount with Natural Gas Systems for Exhibit A
Scope of Services
Vendor shall provide all inspections, scheduled maintenance, and emergency repair services as outlined in the "J-W Power Company Maintenance and Instruction Manual" for all Ariel and Fuel Maker Compressors and all CNG related equipment located at two (2) CNG fueling stations at the City of Santa Monica's City Yards 2500 Michigan Ave., Santa Monica, CA 90404, as requested by the City of Santa Monica's Fleet Management Division, as set forth in NGS’ quote, which is attached hereto and incorporated herein by this reference.
Service is to be provided weekly and billed monthly.
Services to be provided include but are not limited to:
• Check all equipment on a weekly basis
• Check for leaks and vibrations
• Inspect all time fill posts, e-stops, dispensers, hoses, all equipment in the compressor rooms, and dryers (on an as-needed basis)
• Change filters every 2,000 hours or as needed
• Dispose of waste from weekly maintenance of the CNG compressors • Emergency callouts 24/7 - Must be able to respond within 30 minutes of call time Hours of Work: The City regular business hours are Monday through Friday, 5:30 A.M. to 6:00 P.M. All work shall be coordinated with the designated City Representative. All work is to be done during the City’s shop regular business hours except where corrective maintenance or service is specifically requested by the designated City Representative with overtime approval provided prior to execution of any overtime.
DocuSign Envelope ID: FA8C40D3-3291-41D5-898E-F18B67E9B88F
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Packet Pg. 394 Attachment: Natural Gas Systems CSA Executed - 4980 (7337 : Authorization to Increase Contract amount with Natural Gas Systems for Exhibit B
Budget
The City will pay for services rendered by NGS in accordance with their quoted pricing, which is incorporated herein for reference, in an amount not to exceed $246,000 over the Term of the Agreement.
Line Item Description QTY
Unit Of
Measure Unit Cost Total
Scheduled Maintenance/Inspections
1 Monthly Rate 1 Ea $2,200.00 $2,200.00
Unscheduled Maintenance (Emergency Callouts/Repairs)
2 Hourly Labor Rate Per
Technician 1 Ea $100.00 $100.00
3 Emergency (After Hours)
Rate Per Technician 1 Ea $150.00 $150.00
4 Double-Time (After 12-
Hour Day) Rate Per
Technician 1 Ea $200.00 $200.00
5 Travel Time (Portal to
Portal) 1 Ea $200.00 $200.00
6 Additional Miscellaneous
Fees and Charges Not
Listed Above (If Indicated
Please Describe In The
Comment Section) 1 Lump Sum $0.00 $0.00
Renewal Terms
Renewal Year Percentage Increase
1 0%
2 2%
3 0%
4 2%
Payment Terms: Net 30
DocuSign Envelope ID: FA8C40D3-3291-41D5-898E-F18B67E9B88F
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Packet Pg. 395 Attachment: Natural Gas Systems CSA Executed - 4980 (7337 : Authorization to Increase Contract amount with Natural Gas Systems for 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 can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through DocuSign Envelope ID: FA8C40D3-3291-41D5-898E-F18B67E9B88F
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Packet Pg. 396 Attachment: Natural Gas Systems CSA Executed - 4980 (7337 : Authorization to Increase Contract amount with Natural Gas Systems for the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37).
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. 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: 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.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Contractor to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the name insured or the City of Santa Monica.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
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 DocuSign Envelope ID: FA8C40D3-3291-41D5-898E-F18B67E9B88F
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Packet Pg. 397 Attachment: Natural Gas Systems CSA Executed - 4980 (7337 : Authorization to Increase Contract amount with Natural Gas Systems for 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, may terminate 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 Declaration Form.
DocuSign Envelope ID: FA8C40D3-3291-41D5-898E-F18B67E9B88F
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Packet Pg. 398 Attachment: Natural Gas Systems CSA Executed - 4980 (7337 : Authorization to Increase Contract amount with Natural Gas Systems for City Council
Report
City Council Meeting: November 18, 2025
Agenda Item: 4.H
1 of 6
To: Mayor and City Council
From: Anuj Gupta, Director of Transportation, Parking Operations (DOT) Subject: Approval of Ratification of Purchase Orders to Walter P Moore and Associates, Inc., Contech Services, Inc., and Commercial Scaffolding of California Incorporated for Emergency Repairs to Parking Structure #5 Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of statutory exemption pursuant to Section 15269 and a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;
2. Ratify the Procurement Manager’s issuance of a purchase order with Walter P.
Moore and Associates, Inc. for the assessment of emergency structural repair, design, and permitting work for Parking Structure 5. 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 $105,950 (including a 20% contingency);
3. Ratify the Procurement Manager’s issuance of a purchase order with Contech Services, Inc. for the non-destructive testing related to the assessment for emergency structural repair work for Parking Structure 5. 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 $2,800;and
4. Ratify the Procurement Manager’s issuance of a purchase order with Commercial Scaffolding of California Incorporated for an emergency temporary shoring installation for Parking Structure 5. 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 $175,260 (including a 20% contingency).
Executive Summary
Parking Structure 5 (PS5), located at 1440 4th Street, was temporarily closed to vehicle traffic on October 1, 2025, upon the discovery of an area of the structure in need of urgent structural repairs. Santa Monica Department of Transportation (DOT) Parking
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Operations Staff discovered areas of chipping concrete and rusting structural steel in some of the floor slabs in the lower level of the structure. Structural engineering firm Walter P Moore and Associates, Inc (Walter P Moore) was hired to perform a structural assessment of the building, and determined this area needed urgent repairs and that the building was unsafe for vehicle traffic. The assessment recommended repairing the damaged areas and that if the structure were to reopen to vehicles (before the permanent repairs could be performed), temporary shoring should be installed.
Commercial Scaffolding of California, Incorporated (CSI) has completed installation of the temporary shoring.
Background
Parking Structure 5 (PS5) is a post-tensioned beam and slab structure constructed in 1969, with additional floors added in 1988. In this structure, post tensioned (PT) tendons provide the vertical load carrying capacity in the concrete slabs (all areas not directly on the ground and in between all of the beams). All driving, parking and walking areas above the ground level are on post-tensioned slabs. The PT tendons (in these slabs) must maintain their tension to carry the vertical load safely.
Discussion
Parking Operations staff discovered chipping concrete and rusting structural steel in the concrete slab of a storage area in PS5. This concrete slab area is also below the 1st level parking area of the structure. Upon realizing the seriousness of this apparent structural failure, staff contacted Walter P Moore to assess the condition of the floor/roof slab. Walter P Moore performed the previous 2016 structural assessment of the Cityowned parking structures and designed many of the repairs of the structures in recent Capital Improvement Projects, making them a good candidate for a rapid assessment.
Contech Services, Inc. was hired for some non-destructive testing associated with the assessment. Shortly afterwards, both firms began and completed the testing and assessment of the entire structure.
On September 29, 2025, staff received the Condition Assessment Report for PS5 from Walter P Moore. The report indicated several PT tendons have suffered “severe corrosion and tension loss,” and stated five of these tendons have “no effective tension” in the area of the storage room and above the alley adjacent ADA parking area of PS5
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(see diagram below). The report indicates that “installing temporary shoring immediately is required to mitigate further damage and potential collapse of the slab.” The report added, “Alternatively, the City of Santa Monica can close the garage until repairs are completed.” The damaged area is the first drive aisle that all cars must drive through to enter the structure, therefore the entire structure needed to be closed to vehicles until temporary shoring was installed. Walter P. Moore verified that the City GoSaMo Center and SP Plus offices adjacent to 4th Street had no nearby structural damage, and only the area adjacent to the alley had damage. Therefore, the City offices remained open while the structure was closed to vehicles on October 1, 2025.
Parking Staff quickly solicited three informal bids from shoring companies and hired Commercial Scaffolding of California, Incorporated (CSI) to perform the work. They were selected based on their price and experience in shoring projects. CSI created a temporary shoring plan, it was reviewed by City staff, reviewed by Walter P. Moore, and was stamped by a licensed professional engineer. CSI began installing the shoring on
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October 14, 2025, and completed the work on October 20, 2025. The structure was reopened to vehicles on October 20, 2025.
Why This Work is Considered an Emergency
For the permanent fix (per the assessment), the City must “replace PT tendons in the structural slab at west bay on the PT slab P1, or install an alternate engineered system” and “perform further investigation, including destructive and concrete testing, to determine the extent of deterioration and guide long-term repairs for the PT slab on the 1st elevated level.”
Staff believes these issues constitute what Santa Monica Municipal Code section
2.24.240 (d) (3) define as “An urgent, unforeseen event that threatens life, property, or the general public health, safety and welfare.” These failing PT tendons can lead to a slab failure resulting in a potential loss of life or property.
Temporary shoring alone does not resolve the underlying failure or restore the structural capacity of the affected member. Permanent repairs are needed and require specialized engineering and construction services to replace or re-tension the damaged posttension tendons, repair surrounding concrete, install new water proofing, and verify the integrity of adjacent tendons. Accordingly, both the temporary and permanent solutions meet the definition of an emergency under Santa Monica Municipal Code Section
2.24.240 (d). Deeming both the temporary shoring and the permanent structure repairs an emergency allows the City to expedite the procurement process for the firms and contractors needed to complete these assessments, temporary fixes, and repairs. This ensures that the structure is returned to a safely usable condition as soon as possible.
Next Steps
The City has authorized Walter P Moore for the design and permitting of the Post Tension Tendon Repair and Waterproofing needed to address the structural damage of PS5 in the amount of $81,600 (includes 20% contingency). This design and permitting is underway now. Once completed and fully permitted through the City’s Building and Safety Department, the work will be bid for construction through the City’s Master Service Agreements. Once a task order is issued, the work will be completed by the
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contractor and the temporary shoring will be removed. This construction work is expected to cost $500,000 to $600,000.
Vendor Selection
Exception to Competitive Bidding
Staff awarded a purchase order to Walter P. Moore and Associates, Inc., Contech Services, Inc., and Commercial Scaffolding Incorporated to assess, design, and make these emergency repairs as an exception to competitive bidding per Municipal Code
2.24.250(i). The parking structure concrete slab is critical to public safety and required an emergency repair.
A solicitation is made under the emergency procedures set forth in Section
2.24.240(d)(3). Without these emergency repairs, the structure would be unsafe for vehicle travel and need to be shut down.
Environmental Review
The contract to conduct emergency repair for PS5 is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269 and categorically exempt pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines. Section 15269 exempts emergency projects that include (i) emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare and (ii) specific actions necessary to prevent or mitigate an emergency. 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 contract for emergency repair work to PS5, an existing public parking structure, is necessary to provide for public safety and prevent an emergency. Therefore, the contract is statutorily exempt pursuant to Section 15269 and categorically exempt pursuant to Section 15301.
Past Council Actions
None.
Financial Impacts and Budget Actions
Purchase orders to Walter P. Moore, Contech Services, Inc. and CSI Shoring were issued for the emergency shoring of PS5. Once Walter P. Moore’s design and permitting is complete, then the project will be bid for construction using the City’s
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Master Service Agreements to expedite the process. This work is expected to cost from $500,000 to $600,000.
Contract/Purchase Order Request
Agreement # /
Vendor
FY 2025-26
Request
Amount
Department Account # Total Contract/ Purchase
Amount
Walter P.
Moore $105,950 01600004.525080 $105,950
Contech
Services, Inc $2,800 01600004.525080 $2,800
CSI Shoring $175,260 01600004.525080 $175,260
Prepared By: Zach Pollard, Parking Manager
Approved Forwarded to Council
Attachments:
A. CSI Oaks
B. WPM Levine Act Disclosure Form 2025
C. CSI Levine Act Disclosure Form 2025
D. WP Moore Oaks Form
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CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection.
It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after theofficial votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of SantaMonica.
All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees.
Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, theCity compiles and maintains certain information. That information includes the name of any personorpersons whois seeking a “publicbenefit.” If the“public benefit” is sought by an entity, ratherthan an individual person, the information includes the nameof everyperson who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.
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Packet Pg. 405 Attachment: CSI Oaks (7338 : Award to Walter P Moore and CSI for Parking Structure #5 Emergency Repair)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-monthperiod;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: Title:
Signature: Date:
Email: Phone:
Permit #
FOR CITY USE ONLY:
Bid/PO/Contract #
4.H.a
Packet Pg. 406 Attachment: CSI Oaks (7338 : Award to Walter P Moore and CSI for Parking Structure #5 Emergency Repair)
4.H.b
Packet Pg. 407 Attachment: WPM Levine Act Disclosure Form 2025 (7338 : Award to Walter P Moore and CSI for Parking Structure #5 Emergency Repair)
4.H.b
Packet Pg. 408 Attachment: WPM Levine Act Disclosure Form 2025 (7338 : Award to Walter P Moore and CSI for Parking Structure #5 Emergency Repair) City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.
Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards/
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions. ✔
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Packet Pg. 409 Attachment: CSI Levine Act Disclosure Form 2025 (7338 : Award to Walter P Moore and CSI for Parking Structure #5 Emergency Repair) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUEAND CORRECT.
Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:
Please note this form is a public record and subject to a California Public Records Act request. 11/07/2025 Betty Mendez Assistant Controller Commercial Scaffolding of CA. Inc.
4.H.c
Packet Pg. 410 Attachment: CSI Levine Act Disclosure Form 2025 (7338 : Award to Walter P Moore and CSI for Parking Structure #5 Emergency Repair)
4.H.d
Packet Pg. 411 Attachment: WP Moore Oaks Form (7338 : Award to Walter P Moore and CSI for Parking Structure #5 Emergency Repair)
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Packet Pg. 412 Attachment: WP Moore Oaks Form (7338 : Award to Walter P Moore and CSI for Parking Structure #5 Emergency Repair) City Council
Report
City Council Meeting: November 18, 2025
Agenda Item: 4.I
1 of 3
To: Mayor and City Council
From: Darrick Jacob, Interim Police Chief, Police Department Subject: Authorization to Accept Grant from the Office of Traffic Safety for the Selective Traffic Enforcement Program
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15321 of the California Environmental Quality Act (CEQA) Guidelines;
2. Authorize the City Manager to accept a grant awarded in the amount of $285,000 from the California Office of Traffic Safety for the Police Department to accept all grant renewals;
3. Authorize the City Manager to execute all necessary documents to accept the grant and all subsequent grant renewals; and
4. Authorize the budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
Summary
The Santa Monica Police Department (“SMPD”) has been awarded a $285,000 Selective Traffic Enforcement Program (“STEP”) grant for 2025/26 from the California Office of Traffic Safety (“OTS”). This grant was awarded to SMPD for a year-long program of education and special enforcement efforts to help prevent traffic-related deaths and injuries. The 2025/26 STEP grant will provide funding for an array of strategies to impact roadway safety, as well as funds for training and outreach. SMPD continues to work with community partners and mobility groups to ensure the safety of the roadways. These annual grant activities support Santa Monica in striving to attain the goals of Vision Zero and to ensure our commitment to providing safe travel for all transportation modes.
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Discussion
For over eleven years, SMPD has been awarded OTS STEP grant funding that is specifically directed toward improving roadway safety in Santa Monica. SMPD uses these funds to conduct a variety of focused traffic enforcement operations, to attend annual training, and to purchase the equipment necessary in support of SMPD’s traffic enforcement operations and the City’s Vision Zero goals. Like previous OTS STEP grants, the 2025/26 STEP grant would fund the following enforcement activities, mainly with overtime funds:
• DUI Checkpoint Operations
• DUI Saturation Patrol Operations
• Traffic Enforcement Operations focused on unsafe practices such as speeding and unsafe turning
• Distracted Driving Enforcement Operations
• Motorcycle Safety Enforcement Operations
• Pedestrian and Bicycle Safety Enforcement Operations
Additionally, the 2025/26 STEP grant program would include six traffic safety educational presentations to the community, known as the “Know Your Limit” campaign, six traffic enforcement operations focused on Pacific Coast Highway, and participation in National Distracted Driving Awareness Month in April. These strategies combined aim to help the community safely share the road and are proven strategies for reducing the number of injury traffic collisions. Safe movement throughout the City is an ongoing high priority at both the state and local level.
Environmental Review
Acceptance of grant funding for enforcement activities is categorically exempt from CEQA under Section 15321 (Class 21 Enforcement Actions by Regulatory Agencies) of the CEQA State Guidelines. Section 15321 exempts enforcement of a law or law enforcement activities by peace officers acting under any law that provides criminal
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sanction. Therefore, the use of grant funding for enforcement actions is exempt from CEQA.
Financial Impacts and Budget Actions
Staff seeks authority to accept a grant from the California Office of Traffic Safety Selective Traffic Enforcement Program.
Approval of the recommended action requires the following budget amendment:
FY 2025-26 Grant Budget Amendment
Establish Revenue Budget Appropriate Funds
Account Number(s) Amount Account Number(s) Amount
20180002.40469J $285,000 20180002.55522F.89019 $266,683 20180002.55522F $18,317
Total $285,000 Total $285,000
If renewals are awarded, budget changes will be included in subsequent year budgets, contingent on Council budget approval.
Prepared By: Kiajett Charles, Administrative Analyst
Approved Forwarded to Council
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City Council
Report
City Council Meeting: November 18, 2025
Agenda Item: 4.J
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Approval of the Fifth 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 exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute a fifth modification to Agreement #11052 (CCS) in an amount of $350,000 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 an amended agreement with a new total amount not to exceed $1,700,000, with future year funding contingent on Council budget approval.
Summary
The City of Santa Monica’s Public Works Department maintains and operates a range of water and wastewater infrastructure to serve the City, including three water treatment plants, an advanced water recycling/potable reuse facility, wastewater pump stations, sewer diversion treatment units, wet wells, stormwater diversion and treatment facilities, and oil-water treatment interceptors. These facilities require routine hazardous waste collection and disposal services to maintain reliable, continuous operations. 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 facilities. Due to rising service costs and an unanticipated increase in service frequency to support the Arcadia Water Treatment Plant Expansion Project, staff recommends increasing Agreement #11052 (CCS) by $350,000. This fifth
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modification would result in a new total amount not to exceed $1,700,000 to support water and wastewater operations, with no change to the original five-year contract term.
Discussion
The City’s Water Resources Division requires routine collection and disposal of hazardous waste from various water and wastewater facilities to maintain continuous and reliable operations that serve the community. 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-thananticipated service frequency — primarily stemming from the Arcadia Water Treatment Plant Expansion Project, which required the removal of chemical storage containers and process chemicals no longer used in the upgraded facility — a contract modification is necessary to increase the total compensation amount for the remainder of the contract 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 initially executed in the amount of $1,050,000 and began in October 2020.
In August 2025, an additional $300,000 was approved to continue services through the term of the contract, primarily due to rising service costs for scheduled hazardous waste disposal. However, since that contract increase, an additional $350,000 is now needed through the term of the contract to cover unforeseen hazardous waste disposal services required to support the completion of the Arcadia Water Treatment Plant Expansion Project in 2025. These services include the disposal of temporary chemical totes and drums used to support operations during construction, when the permanent chemical storage tanks were being upgraded. The term would remain the same, and the agreement would end on February 28, 2026.
Environmental Review
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The disposal of hazardous waste is categorically exempt from CEQA pursuant to Section 15301 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. Therefore, the award agreement is categorically exempt pursuant to Section 15301 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.
08/12/2025 Modification to CT #11052 (CCS) to increase contract amount by $300,000 for a total not to exceed $1,350,000.
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
Depart Account #
Total Revised
Contract
Amount
11052
(CCS) $950,000 $250,000 51500001.529440 $1,200,000
$250,000 $100,000 50500002.550010 $350,000
$150,000 $0 50500003.550010 $150,000
Total: $1,350,000 $350,000 $1,700,000
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. June 23, 2020 Staff Report (Web Link)
B. August 12, 2025 Staff Report (Web Link)
C. CT 11052 (CCS) - Clean Earth Enviironmental (Original) D. CT 11052 (CCS) - Clean Earth Environmental (Mod 1)
E. CT 11052 (CCS) - Clean Earth Environmental (Mod 2)
F. CT 11052 (CCS) - Clean Earth Environmental (Mod 3)
G. CT 11052 (CCS) - Clean Earth Environmental (Mod 4)
H. FY 24-25 Oaks Initiative - Clean Earth Environmental I. FY 24-25 Levine Act - Clean Earth Environmental
J. November 9, 1999 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.J.c
Packet Pg. 420 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7349 : Mod 5 - -CT #11052 (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
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Packet Pg. 421 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7349 : Mod 5 - -CT #11052 (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
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Packet Pg. 422 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7349 : Mod 5 - -CT #11052 (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
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Packet Pg. 423 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7349 : Mod 5 - -CT #11052 (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
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Packet Pg. 424 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7349 : Mod 5 - -CT #11052 (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
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Packet Pg. 425 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7349 : Mod 5 - -CT #11052 (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
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Packet Pg. 426 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7349 : Mod 5 - -CT #11052 (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
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Packet Pg. 427 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7349 : Mod 5 - -CT #11052 (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
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Packet Pg. 428 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7349 : Mod 5 - -CT #11052 (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
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Packet Pg. 429 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7349 : Mod 5 - -CT #11052 (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
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Packet Pg. 430 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7349 : Mod 5 - -CT #11052 (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
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Packet Pg. 431 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7349 : Mod 5 - -CT #11052 (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
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Packet Pg. 432 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7349 : Mod 5 - -CT #11052 (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
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Packet Pg. 433 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7349 : Mod 5 - -CT #11052 (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
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Packet Pg. 434 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7349 : Mod 5 - -CT #11052 (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
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Packet Pg. 435 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7349 : Mod 5 - -CT #11052 (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
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Packet Pg. 436 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7349 : Mod 5 - -CT #11052 (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
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Packet Pg. 437 Attachment: CT 11052 (CCS) - Clean Earth Enviironmental (Original) (7349 : Mod 5 - -CT #11052 (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
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Packet Pg. 438 Attachment: CT 11052 (CCS) - Clean Earth Environmental (Mod 1) (7349 : Mod 5 - -CT #11052 (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
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Packet Pg. 439 Attachment: CT 11052 (CCS) - Clean Earth Environmental (Mod 2) (7349 : Mod 5 - -CT #11052 (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
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Packet Pg. 440 Attachment: CT 11052 (CCS) - Clean Earth Environmental (Mod 3) (7349 : Mod 5 - -CT #11052 (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
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Packet Pg. 441 Attachment: CT 11052 (CCS) - Clean Earth Environmental (Mod 3) (7349 : Mod 5 - -CT #11052 (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
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Packet Pg. 442 Attachment: CT 11052 (CCS) - Clean Earth Environmental (Mod 3) (7349 : Mod 5 - -CT #11052 (Clean Earth)) 1 Rev. October 2023
FOURTH MODIFICATION OF AGREEMENT NO. 11052 (CCS)
This Fourth Modification of Agreement Number 11052 (CCS) (“Fourth 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. (Clean Earth) is made with reference to the following:
RECITALS
A. On or about October 6,2020, the City and Clean Earth entered into Agreement Number 11052 (CCS) for hazardous waste services (“Original Agreement”).
B. On or about June 30, 2023, the City and Clean Earth entered into a First Modification of Agreement Number 11052 (CCS) (“First Modification”) to exercise the first one-year renewal option to extend the term of the Original Agreement to June 30, 2024.
C. On or about July 1, 2024, the City and Clean Earth 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.
D. On or about May 29, 2025, the City and Clean Earth entered into a Third Modification of Agreement Number 11052 (CCS) (“Third Modification”) to exercise the third one-year renewal option to extend the term of the Second Modification to September 30, 2025. The Original Agreement, First Modification, Second Modification, and Third Modification may be referred to collectively herein as “the Agreement.” E. The City and Clean Earth desire to modify the Agreement to add an additional budget of $300,000.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. Section 1 of the Original Agreement entitled “Term” shall be deleted and replaced with the following paragraph.
Term. This agreement begins on the Execution Date and terminates on February 28, 2026, unless terminated earlier as set forth in the Original Agreement or extended by the parties in writing.
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 Clean Earth for the Services performed in an amount not to exceed Three Hundred Thousand Dollars ($300,000), as set forth in Exhibit B-2. The total agreement price for services pursuant to the Original Agreement, the First Modification, the Second Modification, the Third Modification, and this Fourth Modification shall Docusign Envelope ID: 9FB2FDD9-4149-42CB-ADDD-11F55772CB61 9/23/2025
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Packet Pg. 443 Attachment: CT 11052 (CCS) - Clean Earth Environmental (Mod 4) (7349 : Mod 5 - -CT #11052 (Clean Earth)) 2 Rev. October 2023
not exceed $1,350,000.00.
3. Exhibit B-2 is attached hereto incorporated herein by this reference.
4. 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 signature).
5. Except as expressly modified by this Fourth 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 Fourth 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
Clean Earth Corporation
#VENDOR
By:
_______________________________
Docusign Envelope ID: 9FB2FDD9-4149-42CB-ADDD-11F55772CB61 Acting City Attorney
9/4/2025
HEIDI VON TONGELN
SVP, Sales
Mindy Rath
Clean Earth
9/18/2025
City Manager
Oliver Chi
9/23/2025
Nikima Newsome
City Clerk
9/23/2025
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Packet Pg. 444 Attachment: CT 11052 (CCS) - Clean Earth Environmental (Mod 4) (7349 : Mod 5 - -CT #11052 (Clean Earth)) 3 Rev. October 2023
Exhibit B-2
Budget
Original Agreement: $840,000
Third Modification: $210,000
Fourth Modification: $300,000
Contract Total NTE: $1,350,000
Docusign Envelope ID: 9FB2FDD9-4149-42CB-ADDD-11F55772CB61
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Packet Pg. 445 Attachment: CT 11052 (CCS) - Clean Earth Environmental (Mod 4) (7349 : Mod 5 - -CT #11052 (Clean Earth))
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: Title:
Signature: Date:
Email: Phone:
Permit #
FOR CITY USE ONLY:
Bid/PO/Contract #
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Packet Pg. 446 Attachment: FY 24-25 Oaks Initiative - Clean Earth Environmental (7349 : Mod 5 - -CT #11052 (Clean Earth)) City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.
Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/ https://www.santamonica.gov/departments/rent-control https://www.smgov.net/boards/ Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
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Packet Pg. 447 Attachment: FY 24-25 Levine Act - Clean Earth Environmental (7349 : Mod 5 - -CT #11052 (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.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:
Please note this form is a public record and subject to a California Public Records Act request.
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Packet Pg. 448 Attachment: FY 24-25 Levine Act - Clean Earth Environmental (7349 : Mod 5 - -CT #11052 (Clean Earth)) City Council
Report
City Council Meeting: November 18, 2025
Agenda Item: 4.K
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Approval of Reinstatement of and Fourth Modification to Contract #10419 (CCS) with Infor Public Sector, Inc. for the Computerized Maintenance Management System for the Public Works Department
Recommended Action
Staff recommends that the City Council
1. Adopt a finding of no possibility of significant effect on the environment pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute a reinstatement of and fourth modification to agreement #10419 (CCS) in the amount of $100,000 with Infor Global Solutions for the Computerized Maintenance Management System (CMMS) for the Public Works Department. This will result in a twenty-five-year amended agreement with a new total amount not to exceed $1,269,334, with future year funding contingent on Council budget approval.
Summary
To support efficient and reliable delivery of safe, high-quality drinking water to the community, the Water Resources Division utilizes a Computerized Maintenance Management System (CMMS) to track water and wastewater operations field data (e.g., date/time of pipe repair). This enables better assessment of asset needs and conditions, scheduling of repairs, and tracking maintenance records and costs. The Water Resources Division has used Infor Global Solutions, Inc’s Hansen CMMS since 2001. Recently, the division completed the deployment of a new CMMS software, MentorAPM, to modernize its operations and meet the demands of an expanded and more advanced water/wastewater infrastructure—constructed to increase local water supplies and reduce the City’s reliance on imported water supplies.
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To ensure a smooth transition, the current CMMS system must run concurrently with the new system to prevent data loss, facilitate data transfer, and maintain scheduling continuity. Infor Global Solutions (Infor) has continued to support the City’s current CMMS system at no cost for the past eight months, following the expiration of the maintenance contract in February 2025, to assist with the transition. However, if any maintenance issues arise with the old CMMS system, the City would not be able to retrieve historical asset data from it. As the transition of historical asset data to the new CMMS software is taking longer than anticipated, staff recommends a reinstatement and fourth modification of the contract, extending the maintenance agreement for an additional one year, in the amount of $100,000, for a total cost not to exceed $1,269,334 for a total term of twenty-five years, to ensure historical asset data is transitioned over to the new CMMS system.
Discussion
The City of Santa Monica’s Water Resources Division utilizes Infor’s Hansen CMMS to capture work orders, labor hours, equipment costs, and material costs for each job performed by staff. In addition, the CMMS system is used to inventory and track the condition of its assets such as water meters, water and sewer pipes, pumps, and instrumentation vital to water production, water distribution, and sewer collection.
Although this is the fourth modification to agreement #10419, this contract has undergone five iterations since its award in November 1999. In June 1999, the City posted a Request for Proposals (RFP) which was advertised in The Argonaut and Los Angeles Times. A committee composed of members from the Water Resources Division and Information Systems Department evaluated the proposals and Infor Global Solutions, Inc. was selected based on its ability to meet the project specifications for the water/wastewater infrastructure in existence at the time.
In July 2010, the agreement with Infor was extended and the system was upgraded. In February 2012, a new agreement (Contract #10419) was executed with Infor to extend
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the term by an additional five years. In January 2017, a first modification extended the agreement with Infor for an additional five years and additional licenses were purchased. In January 2022, MentorAPM was awarded a contract to replace Hansen 8.
In March 2022, a second modification of the agreement with Infor was approved to extend the contract an additional year to run concurrently with MentorAPM until final implementation of the new system was complete. In March 2023, a third modification of the agreement with Infor was approved to extend the contract an additional two years and increase budget authority to run concurrently with MentorAPM.
Due to delays with the implementation of the MentorAPM and limited resources for migrating existing assets into the new system, staff recommends a reinstatement and fourth modification to agreement #10419 to extend the term by two years and increase the budget by $100,000 ($80,000 for a one-year license and $20,000 for maintenance costs) to continue operating the existing Infor Hansen CMMS system in parallel while assets migration is completed.
Environmental Review
The contract modification to extend the use of the Water Resources Division’s existing CMMS system is 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.” The contract for software programming would not result in adverse physical impacts on the environment and, as such, is exempt from CEQA.
Past Council Actions
Meeting Date Description
11/09/1999
(Attachment A)
Award of agreement with vendor for CMMS licensing and
maintenance support.
03/22/2022 Agreement was modified to extend the term.
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(Attachment B)
03/14/2023
(Attachment C)
Agreement was modified to extend the term and add
budget.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Water and Wastewater Enterprise Funds to reinstate and increase the amount of the contract with Infor Public Sector, Inc., for CMMS licensing and maintenance. Future year funding is contingent on Council budget approval.
Contract Modification Request
Agreement
#
Current
Authorized
Amount
FY 2025-26
Request Amount Dept Account # Total Revised Contract Amount 10419 $584,667 $50,000 50500001.529230 $634,667
10419 $584,667 $50,000 51500001.529230 $634,667
Total $1,169,334 $100,000 $1,269,334
Prepared By: Thomas Poon, Engineering Support Services Administrator Approved Forwarded to Council
Attachments:
A. CT 7636 (Original Agreement)
B. CT 9238 (Original Agreement)
C. CT 10419 (Modification 1)
D. CT 10419 (Modification 2)
E. CT 10419 (Modification 3)
F. FY 25-26 Oaks Initative (Infor)
G. FY 25-26 Levine Act (Infor)
H. March 14, 2023 Staff Report (Web Link)
I. March 22, 2022 Staff Report (Web Link)
J. November 9,1999 Staff Report (Web Link)
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Packet Pg. 499 Attachment: CT 7636 (Original Agreement) (7355 : Mod 4 - CT #10419 - Infor Public Sector Inc)
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Packet Pg. 583 Attachment: CT 9238 (Original Agreement) (7355 : Mod 4 - CT #10419 - Infor Public Sector Inc)
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Packet Pg. 584 Attachment: CT 9238 (Original Agreement) (7355 : Mod 4 - CT #10419 - Infor Public Sector Inc)
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Packet Pg. 593 Attachment: CT 9238 (Original Agreement) (7355 : Mod 4 - CT #10419 - Infor Public Sector Inc)
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Packet Pg. 597 Attachment: CT 9238 (Original Agreement) (7355 : Mod 4 - CT #10419 - Infor Public Sector Inc)
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Packet Pg. 598 Attachment: CT 10419 (Modification 1) (7355 : Mod 4 - CT #10419 - Infor Public Sector Inc)
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Packet Pg. 599 Attachment: CT 10419 (Modification 1) (7355 : Mod 4 - CT #10419 - Infor Public Sector Inc) 1 SECOND MODIFICATION OF MAINTENANCE NO. 10419 (CCS)
This Second Modification of Agreement Number 10419 (CCS) (“Second Modification”) entered into as of _________________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Infor Public Sector, Inc. (“Contractor”) is made with reference to the following:
RECITALS
A. On or about 4/4/2001, City and Contractor’s predecessor entered into that certain Software License Agreement No. 7636 (CCS).
B. On or about 9/7/2010, the City and Contractor entered into Agreement Number 9238 (CCS) for a Computerized Maintenance Management System (CMMS) for the Water Resources Division (“Original Agreement”).
C. On or about^^4/3/2017, the City and Contractor entered into a First Modification of Agreement Number 10419 (CCS) (“First Modification”) which extended the term of the agreement and increased funding to pay for the extension. Agreement Number 9238 was assigned a new Agreement Number 10419 (CCS). The Original Agreement and First Modification may be referred to collectively herein as “the Agreement.”
D. The City and Contractor desire to modify the Agreement to extend its duration and increase the agreement price to pay for the extension.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. Section II of the Exhibit A, Order Form of the Agreement entitled “Support Services” shall be deleted in its entirety and replaced with the following paragraph:
Term. This Agreement begins on the Execution Date and terminates on February 28, 2023, unless terminated earlier as set forth in the Agreement or extended by the parties in writing.
2. Section II of the Exhibit A, Order Form of the Agreement be modified by adding the following paragraph:
Compensation. The City will compensate Contractor for the Additional Services in an amount not to exceed $66,000, as set forth in Exhibit B-2. The total agreement price for services pursuant to the Software License Agreement No. 7636 (CCS), the Original Agreement, the First Modification, and this Second Modification shall not exceed $989,334.
3. Exhibit B-2 is attached hereto and incorporated herein by this reference.
DocuSign Envelope ID: 014AD6D2-19EC-42E6-B374-0F37524F32D5 4/12/2022
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Packet Pg. 600 Attachment: CT 10419 (Modification 2) (7355 : Mod 4 - CT #10419 - Infor Public Sector Inc) 2 4. Execution in Counterparts. This Second 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 Second 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).
5. 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
Contractor Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 014AD6D2-19EC-42E6-B374-0F37524F32D5 Interim City Attorney
4/7/2022
Susan Cola
Infor
4/8/2022
Jeffrey Taylor
jt
David White
City Manager
4/14/2022 4/12/2022
City Clerk
Denise Anderson-Warren
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Packet Pg. 601 Attachment: CT 10419 (Modification 2) (7355 : Mod 4 - CT #10419 - Infor Public Sector Inc) EXHIBIT B-2
Budget
Original Contract: $104,720
Extension: $231,948
Sole Source Purchase Order: $231,250
1st Modification: $355,416
2nd Modification: $66,000
Total Contract NTE (Original Contract, Extension, Sole Source PO, 1st Modification & 2nd Modification): $989,334
DocuSign Envelope ID: 014AD6D2-19EC-42E6-B374-0F37524F32D5
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Packet Pg. 602 Attachment: CT 10419 (Modification 2) (7355 : Mod 4 - CT #10419 - Infor Public Sector Inc) 1 THIRD MODIFICATION OF MAINTENANCE NO. 10419 (CCS)
This Third Modification of Agreement Number 10419 (CCS) (“Third Modification”) entered into as of _________________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Infor Public Sector, Inc. (“Contractor”) is made with reference to the following:
RECITALS
A. On or about 4/4/2001, City and Contractor’s predecessor entered into that certain Software License Agreement No. 7636 (CCS).
B. On or about 9/7/2010, the City and Contractor entered into Agreement Number 9238 (CCS) for a Computerized Maintenance Management System (CMMS) for the Water Resources Division (“Original Agreement”).
C. On or about^^4/3/2017, the City and Contractor entered into a First Modification of Agreement Number 10419 (CCS) (“First Modification”) which extended the term of the agreement and increased funding to pay for the extension. Agreement Number 9238 was assigned a new Agreement Number 10419 (CCS).
D. On or about 4/12/2022, the City and Contractor entered into a Second Modification of Agreement Number 10419 (CCS) (“Second Modification”) which extended the term of the agreement and increased funding to pay for the extension. The Original Agreement, First Modification, and Second Modification may be refereed to collectively herein as “the Agreement.”
E. The City and Contractor desire to modify the Agreement to extend its duration and increase the agreement price to pay for the extension.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. Section II of the Exhibit A, Order Form of the Agreement entitled “Support Services” shall be deleted in its entirety and replaced with the following paragraph:
Term. This Agreement begins on the Execution Date and terminates on February 28, 2025, unless terminated earlier as set forth in the Agreement or extended by the parties in writing.
2. Section II of the Exhibit A, Order Form of the Agreement be modified by adding the following paragraph:
Compensation. The City will compensate Contractor for the Additional Services in an amount not to exceed $180,000, as set forth in Exhibit B-3. The total agreement price for services pursuant to the Software License Agreement No. 7636 (CCS), the Original Agreement, the First Modification, the Second Modification, and this Third Modification shall not exceed $1,169,334.
DocuSign Envelope ID: 0402FD7E-A58E-4200-9369-CC1CF2B67801 3/29/2023
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Packet Pg. 603 Attachment: CT 10419 (Modification 3) (7355 : Mod 4 - CT #10419 - Infor Public Sector Inc) 2 3. Exhibit B-3 is attached hereto and incorporated herein by this reference.
4. Execution in Counterparts. This Second 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 Second 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).
5. 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:
______________________________
DOUGLAS SLOAN
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
DAVID WHITE
City Manager
Contractor Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 0402FD7E-A58E-4200-9369-CC1CF2B67801 3/23/2023
City Attorney
DOUGLAS SLOAN
Manager, Infor Subscription Services
3/27/2023
Infor
Ed Foley
David White
City Manager
3/29/2023
Assistant City Clerk
Nikima Newsome
4/3/2023
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Packet Pg. 604 Attachment: CT 10419 (Modification 3) (7355 : Mod 4 - CT #10419 - Infor Public Sector Inc) EXHIBIT B-3
Budget
Original Contract: $104,720
Extension: $231,948
Sole Source Purchase Order: $231,250
1st Modification: $355,416
2nd Modification: $66,000
3rd Modification: $180,000
Total Contract NTE (Original Contract, Extension, Sole Source PO, 1st Modification 2nd Modification & 3rd Modification): $1,169,334.
DocuSign Envelope ID: 0402FD7E-A58E-4200-9369-CC1CF2B67801
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Packet Pg. 605 Attachment: CT 10419 (Modification 3) (7355 : Mod 4 - CT #10419 - Infor Public Sector Inc)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: Title:
Signature: Date:
Email: Phone:
Permit #
FOR CITY USE ONLY:
Bid/PO/Contract #
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Packet Pg. 606 Attachment: FY 25-26 Oaks Initative (Infor) (7355 : Mod 4 - CT #10419 - Infor Public Sector Inc) City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.
Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/ https://www.santamonica.gov/departments/rent-control https://www.smgov.net/boards/ Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
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Packet Pg. 607 Attachment: FY 25-26 Levine Act (Infor) (7355 : Mod 4 - CT #10419 - Infor Public Sector Inc) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:
Please note this form is a public record and subject to a California Public Records Act request.
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Packet Pg. 608 Attachment: FY 25-26 Levine Act (Infor) (7355 : Mod 4 - CT #10419 - Infor Public Sector Inc) City Council
Report
City Council Meeting: November 18, 2025
Agenda Item: 4.L
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Adoption of a Resolution Authorizing the Application for Grant Funds from the Federal Emergency Management Agency’s Hazard Mitigation Grant Program for the Riviera Reservoir Seismic Retrofit Project
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Adopt the attached resolution authorizing the application for grant funds in the amount of approximately $7,250,000 from the Federal Emergency Management Agency for the Riviera Reservoir Seismic Retrofit Project in the Public Works Department – Water Resources Division; and
3. Authorize the City Manager to execute all necessary documents to apply for the grant, accept the grant, if awarded, and accept all grant renewals, if awarded.
Summary
The City of Santa Monica’s Water Resources Division aims to rehabilitate the City’s four water storage reservoirs over the next 5-6 years. These potable water storage reservoirs provide roughly 40 million gallons in storage capacity and range in age from 60 to over 100 years old. The City’s largest potable water reservoir, Riviera Reservoir, has a storage capacity of 25 million gallons and is a critical component in the City’s ability to meet day-to-day peak water demands, as well as provide storage for emergency response. The Riviera Reservoir is in need of rehabilitation and structural upgrades to maintain reliable service. Design is currently in progress to structurally reinforce the reservoir to align with current code and mitigate the risk of earthquake damage. Structural upgrades to retrofit the Riviera Reservoir are eligible for grant
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funding from the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP). Staff requests authorization to apply for grant funding to help offset the cost of rehabilitating the reservoir.
Discussion
The Riviera Reservoir was constructed in 1962 and is located beneath tennis courts at the Riviera Country Club. It is the City’s largest reservoir, accounting for over 60% of the City’s total water storage capacity. The Water Resources Division recently retained Stantec Consulting Services Inc. to perform a seismic assessment and structural analysis of the reservoir. The analysis found that structural components of the reservoir — including elements of the foundation, walls, and roof —need to be upgraded to meet current seismic standards outlined in the 2022 California Existing Building Code (CEBC). In addition, rehabilitation of the Riviera Reservoir must comply with standards set by the California Department of Water Resources – Division of Safety of Dams, given the size and capacity of the reservoir. Stantec Consulting Services Inc. is currently developing technical design drawings and specifications to rehabilitate and upgrade the Riviera Reservoir, along with the City’s other potable water storage reservoirs.
The seismic upgrades for the Riviera Reservoir currently in development are eligible for grant funding under FEMA’s Hazard Mitigation Grant Program (HMGP). HMGP provides up to 75 percent grant funding for projects that reduce the risk and impact of disasters such as wildfires, earthquakes, drought, and flooding. The current estimated cost of the project to rehabilitate the Riviera Reservoir is approximately $14,500,000. The grant amount being requested is approximately $7,250,000, with a local match of about $7,250,000. The matching funds would be available from the Water Enterprise Fund balance, which could include a future water revenue bond when design of the reservoir rehabilitation project is completed in 2026. Staff increased the local match percentage above the minimum grant requirements to increase the possibility of being selected for funding. The funding strategy to rehabilitate the four potable water reservoirs was presented to City Council during the recently adopted five-year water and wastewater
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rate study, and securing grants would help reduce the outside low-interest loan or revenue bond amount the City would need to obtain.
Grant award is anticipated in 2027/2028, and construction is expected to begin in 2028/2029. The grant award schedule aligns with anticipated construction schedule for the Riviera Reservoir, to occur after the 2028 Olympics are completed, as the Riviera Country Club is hosting the Olympic golf event. The term of the grant is 48 months from grant execution. Ongoing operation costs would be paid out of the operating budget for the Water Fund.
At the September 30, 2025 City Council meeting, Councilmembers expressed concern that FEMA grants could be conditioned on the City agreeing to assist federal immigration enforcement or dismantling DEI programs. Multiple lawsuits have been filed challenging such conditions on FEMA grants, including one in which the City is a Plaintiff (Santa Clara County v. Noem, 5:25-cv-08330-EJD (N.D. Cal.)). Staff expects the court will issue rulings well before the City would be required to execute a grant agreement for this project, if awarded, and that the court’s ruling will address whether the challenged conditions apply to this funding or not.
Environmental Review
Authorization of the application for grant funding from FEMA’s Hazard Mitigation Grant Program (HMGP) is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines which states that CEQA does not apply “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” If awarded, the use of the grant funding to structurally retrofit the Riviera Reservoir would be subject to environmental review at the time the project is proposed.
Therefore, the application for grand funding would not result in adverse physical impacts on the environment and, as such, is exempt from CEQA.
Past Council Actions
Meeting Date Description
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8/22/23 (Attachment A) Award RFP to Stantec Consulting Services, Inc., for Water Reservoir Upgrades Engineering Design Services
3/25/25 (Attachment B) Five-Year Water and Wastewater Rate Study Session 6/10/25 (Attachment C) Public Hearing and Adoption of a Resolution Establishing Scheduled Five-Year Water Service Rate Adjustments
Financial Impacts and Budget Actions
Staff seeks approval from City Council to adopt a resolution authorizing the application for grant funds, accept the grant, if awarded, and accept all grant renewals, if awarded from the Federal Emergency Management Agency. If the grant is awarded, staff would return to Council with budget changes including appropriation of funds for the local match of approximately $7.25 million (to be funded by either the Water Enterprise Fund, low- interest loans, and/or a water revenue bond) as part of one of the upcoming budget cycles.
Prepared By: Sunny Wang, Water Resources Manager
Approved Forwarded to Council
Attachments:
A. August 22, 2023 Staff Report (Web Link)
B. March 25, 2025 Staff Report (Web Link)
C. June 10, 2025 Staff Report (Web Link)
D. Resolution - FEMA HMGP
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City Council Meeting: November 18, 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 APPLY FOR GRANT FUNDS FROM THE
FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANT
PROGRAM AND TO NEGOTIATE AND ENTER INTO A GRANT AGREEMENT WITH
THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND ANY AMENDMENTS
THERETO
WHEREAS, the Federal Emergency Management Agency has allocated grant funding for projects pursuant to the Hazard Mitigation Grant Program; and WHEREAS, the Hazard Mitigation Assistance grant programs aim to reduce the risk and impact of disasters such as wildfires, earthquakes, drought, and flooding; and WHEREAS, the City seeks to apply for grant funds for approximately $7,250,000 from the Hazard Mitigation Grant Program to support the rehabilitation of the Riviera Reservoir to enhance the resiliency of the City’s water supply infrastructure and safeguard it against natural disasters;
WHEREAS, the total estimated project cost is approximately $14.5 million and the City is applying for approximately $7,250,000 in grant funding and will provide matching funds for the balance of the project from the City’s Water Enterprise Fund, water revenue bond, and/or state/federal low interest loans to rehabilitate the Riviera Reservoir;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Recitals above are incorporated herein by this reference.
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Packet Pg. 613 Attachment: Resolution - FEMA HMGP (7385 : Resolution for Hazard Mitigation Grant Funding)
SECTION 2. The City of Santa Monica City Manager, or designee is hereby authorized and directed to prepare and file an application for funding from the Hazard Mitigation Grant Program, and take such other actions necessary or appropriate to obtain grant funding.
SECTION 3. The City of Santa Monica City Manager, or designee is hereby authorized and directed to execute the funding agreement with the Federal Emergency Management Agency and any amendments thereto.
SECTION 4. The City of Santa Monica City Manager, or designee is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution of the City Council, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
HEIDI VON TONGELN
Interim City Attorney
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Packet Pg. 614 Attachment: Resolution - FEMA HMGP (7385 : Resolution for Hazard Mitigation Grant Funding) City Council
Report
City Council Meeting: November 18, 2025
Agenda Item: 4.M
1 of 1
To: Mayor and City Council
From: Heidi Von Tongeln, Interim City Attorney, City Attorney's Office, Administration
Subject: Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code Chapter 4.25 Regarding the Registration of Rental Housing Units Not Subject to Local Rent Control
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on October 28, 2025, the City Council introduced for first reading an Ordinance amending Santa Monica Municipal Code Chapter 4.25 regarding the registration of rental housing units not subject to local rent control. The ordinance is now presented to the City Council for adoption.
Prepared By: Bradley Michaud, Legal Administrative Services Officer Approved Forwarded to Council
Attachments:
A. ORD-Chapter 4.25-Rent Registry 2d
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City Council Meeting: November 18, 2025 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SANTA MONICA MUNICIPAL CODE CHAPTER 4.25
REGARDING THE REGISTRATION OF RENTAL HOUSING UNITS NOT SUBJECT
TO LOCAL RENT CONTROL
WHEREAS, the State is experiencing a severe housing crisis that is driving the cost of living beyond the reach of an increasing share of the population; and WHEREAS, the City has long been committed to ensuring that Santa Monica is an inclusive and affordable community despite mounting market pressures; and WHEREAS, with approximately 70% of its residents in rental housing, the City has maintained a long-standing commitment to protecting tenants and existing rental housing stock; and
WHEREAS, increased demand for rental housing in the City, combined with rising housing costs across the region including as a result of the Palisades Fire, have made it increasingly difficult for those who live and work in Santa Monica to find rental housing that is available, affordable, and meets their needs; and WHEREAS, Article XVIII of the City Charter, the City’s Rent Control Law, was first adopted in 1979; and
WHEREAS, state restrictions on a local government’s ability to regulate rents across tenancies or to apply rent control to buildings built after the adoption of a local law have substantially hobbled local jurisdictions’ efforts to ameliorate the worsening affordable housing crisis; and
WHEREAS, as rent controlled units continue to be withdrawn from the rental market through the Ellis process and demolished and replaced with exempt units, the
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Packet Pg. 616 Attachment: ORD-Chapter 4.25-Rent Registry 2d [Revision 1] (7393 : Rent Registry - Second Reading) balance continues to shift toward fewer controlled units; and WHEREAS, as a result, a large number of rental housing units in the City are exempt from the protections of the City’s Rent Control Law; and WHEREAS, rental rates for market rate rental housing units within the City continue to increase even as the market rate housing supply grows; and WHEREAS, Article XXIII of the Santa Monica City Charter, Housing Policies, adopted in 2010, provides, among other things, eviction protections for tenants living in multi-family rental housing units that are not subject to the City’s Rent Control Law; and WHEREAS, Santa Monica Charter Section 2305 authorizes the City Council to adopt ordinances, resolutions or regulations, and create any administrative mechanisms it deems necessary, to implement and effectuate the provisions of Article XXIII; and WHEREAS, the City has adopted numerous tenant protection ordinances, including Santa Monica Municipal Code (“SMMC”) Chapters 4.27 (Tenant Protection),
4.28 (Housing Anti-Discrimination), 4.36 (Tenant Relocation Assistance), 4.56 (Tenant Harassment), and 4.57 (Buyout Offers and Agreements), all of which the City is authorized to enforce; and
WHEREAS, these tenant protection laws serve important goals of promoting housing stability, combatting homelessness, and promoting general welfare and public health;
WHEREAS, SMMC Chapter 4.27 (Tenant Protection) prohibits landlords from engaging in self-help to force a tenant to vacate a rental unit and requires landlords to file with the City Attorney’s Office all notices to terminate tenancies and unlawful detainer complaints whenever a landlord endeavors to evict a tenant from any rental housing unit in the City; and
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Packet Pg. 617 Attachment: ORD-Chapter 4.25-Rent Registry 2d [Revision 1] (7393 : Rent Registry - Second Reading) WHEREAS, notwithstanding this requirement, landlords filed with the City Attorney’s Office only 66 unlawful detainer complaints in all of 2023, while data from the LA County Superior Court indicated approximately 236 unlawful detainer cases were filed for Santa Monica properties in just 6 months in 2023, demonstrating significant noncompliance with SMMC Chapter 4.27’s eviction reporting requirements; and WHEREAS, SMMC Chapter 4.28 (Housing Anti-Discrimination) prohibits unlawful discrimination in rental housing, including on the basis of a tenant or prospective tenant’s source of income, such as a housing voucher; and
WHEREAS, SMMC Chapter 4.36 (Tenant Relocation Assistance) requires landlords to pay tenants permanent relocation benefits when evicting for specified nofault just cause reasons; and WHEREAS, SMMC Chapter 4.56 (Tenant Harassment) prohibits bad faith harassment of tenants, which is often designed to drive tenants out of their units when there is no legal cause to evict a tenant, and can take the form of excessive rent increases, baseless attempts to evict tenants, retaliation, and other prohibited conduct; and
WHEREAS, SMMC Chapter 4.57 (Buyout Offers and Agreements) protects tenants from unwittingly relinquishing their tenancy rights for inadequate consideration by requiring landlords to disclose to tenants their rights not to enter into a buyout agreement, the right to rescind the agreement within 30 days, and the right to receive a minimum amount for a buyout payment, and to file all completed buyout agreements with the City; and
WHEREAS, the Tenant Harassment Code and the Buyout Offers and Agreements Code apply to tenants of units with just cause eviction protections under Articles XVIII
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Packet Pg. 618 Attachment: ORD-Chapter 4.25-Rent Registry 2d [Revision 1] (7393 : Rent Registry - Second Reading) and XXIII of the City Charter; and
WHEREAS, the City is authorized to enforce violations of SMMC Chapters 4.27,
4.28, 4.36, 4.56, and 4.57, which requires knowing when tenants vacate units, the reasons for vacating units, and whether tenants are paying rent with housing vouchers— information that is not currently reported to the City for non-rent controlled units or maintained in a single database; and
WHEREAS, the Tenant Protection Act of 2019 (AB 1482), codified at Civil Code Sections 1946.2 and 1947.12 extended rent control protections to units that were issued a certificate of occupancy at least 15 years ago, subject to a number of exemptions, effective January 1, 2020; and
WHEREAS, as of April 1, 2024, Civil Code Sections 1946.2 and 1947.12 authorize the city attorney of any city to bring legal action to enforce the requirements of those provisions; and
WHEREAS, to enforce the protections of the Tenant Protection Act, the City must know which units are subject to the Act, the date of vacancy, rent amount charged, and the reasons why tenants vacate such units; and
WHEREAS, statewide rental housing price gouging protections, codified at Penal Code Section 396, limit rent increases during a declared state of emergency, generally disallowing increases above 10%; and
WHEREAS, the City is authorized to enforce these rental housing price gouging protections through misdemeanor prosecutions or, with approval from the Los Angeles County District Attorney, civil actions; and
WHEREAS, the efficacy of enforcement of Penal Code Section 396 depends on the City’s ability to ascertain rents “advertised, offered, or charged,” prior to the
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Packet Pg. 619 Attachment: ORD-Chapter 4.25-Rent Registry 2d [Revision 1] (7393 : Rent Registry - Second Reading) declaration of a state of emergency; and
WHEREAS, the City enforces affordable housing deed-restrictions that ensure affordable rents in thousands of units in the City and such non-rent controlled deedrestricted affordable housing units constitute an ever-increasing proportion of the City’s affordable housing stock; and
WHEREAS, there is no single, comprehensive database that includes all such deed-restricted affordable units and the income restrictions and rent limits for those units, to enable more effective monitoring and enforcement; and WHEREAS, many rental properties are owned by business entities including corporations and LLCs, with some individuals or companies creating multiple separate entities to own individual properties; and
WHEREAS, effective enforcement of the City’s and state’s tenant protection laws and affordable housing deed restriction requirements depends on the City having complete and up to date information regarding the owners and managers of rental housing properties, to identify and hold the correct persons responsible for violations; and WHEREAS, a registry of rental units not subject to the City’s Rent Control Law and its registration requirements would facilitate enforcement of the SMMC Chapter 13.02 (Property Maintenance), SMMC Article 8 (Building Regulations, and related health and safety codes by enabling Code Enforcement Officers to readily identify the parties responsible for ensuring compliance with building codes and habitability of rental units to issue notices and citations to, and would facilitate identifying units at greater risk of violations by factors such as building age and rent levels; and WHEREAS, enforcement of habitability standards protects tenants’ health and safety and prevents landlords circumventing just cause eviction protections by neglecting
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Packet Pg. 620 Attachment: ORD-Chapter 4.25-Rent Registry 2d [Revision 1] (7393 : Rent Registry - Second Reading) to maintain units to the point where tenants feel compelled to vacate; and WHEREAS, requiring the registration of all units not subject to the Rent Control Law and its registration requirements would enable the City to better enforce tenant protections under SMMC Chapters 4.27, 4.28, 4.36, 4.56 and 4.57, as well as eviction protections under Charter Article XXIII, rent limits under the Tenant Protection Act, prohibitions on price gouging under Penal Code 396, and habitability standards; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Chapter 4.25 is hereby added to read as follows:
Chapter 4.25 REGISTRATION OF RENTAL HOUSING NOT SUBJECT TO ARTICLE
XVIII OF THE CITY CHARTER
4.25.010 Purpose.
The Council finds and declares that requiring the registration of rental housing not subject to the City’s Rent Control law and its registration requirements will assist the City in ensuring the tenant protections in Article XXIII (Housing Policies) of the Santa Monica City Charter, Chapters 4.27 (Tenant Protections), 4.28 (Tenant Relocation Assistance),
4.36 (Housing Anti-Discrimination), 4.56 (Tenant Harassment), and 4.57 (Buyout Offers and Agreements) of the Municipal Code, Sections 1946.2 and 1947.12 of the California Civil Code and Section 396 of the California Penal Code are followed and enforced; monitor and enforce affordable housing deed restriction requirements; and enable the City to gauge the effectiveness of these protections to protect tenants and promote housing stability.
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Packet Pg. 621 Attachment: ORD-Chapter 4.25-Rent Registry 2d [Revision 1] (7393 : Rent Registry - Second Reading)
4.25.020 Definitions.
For purposes of this Chapter, the following words or phrases shall have the following meanings:
“Owner” means any person who, alone or with others, has legal or equitable title to a rental housing unit. A person whose interest in a dwelling unit is solely that of a tenant, subtenant, lessee, or sublessee under an oral or written rental housing agreement shall not be considered an owner.
“Person” includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, or organization of any kind. “Property” means a parcel or lot that contains at least one rental housing unit as defined by this Section, or contiguous parcels or contiguous lots under common ownership that contain at least one rental housing unit as defined by this Section. “Rent” means all periodic payments and all nonmonetary consideration including, but not limited to, the fair market value of goods or services rendered to or for the benefit of the landlord under an agreement concerning the use or occupancy of a rental unit and premises including all payment and consideration demanded or paid for parking, pets, furniture, subletting and security deposits for damages and cleaning. “Rental housing agreement” means an agreement, oral, written or implied, between a landlord and tenant for use or occupancy of a rental unit and for housing services.
“Rental housing unit” means any dwelling space in the City that is not subject to Article XVIII of the City Charter, in which a tenant resides pursuant to a rental housing agreement. “Rental housing unit” includes all of the following when used as rental
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Packet Pg. 622 Attachment: ORD-Chapter 4.25-Rent Registry 2d [Revision 1] (7393 : Rent Registry - Second Reading) housing, provided the unit is not subject to Article XVIII of the City Charter:
(1) A dwelling unit, as defined by Santa Monica Municipal Code Section 9.52.020, except that a dwelling unit for purposes of this Chapter may be less than three hundred seventy-five square feet in size;
(2) An accessory dwelling unit, as defined by Santa Monica Municipal Code Section 9.51.020(A)(1)(b);
(3) A junior accessory dwelling unit, as defined by Santa Monica Municipal Code Section 9.51.020(A)(1)(f); or
(4) A unit in single-room occupancy housing, as defined by Santa Monica Municipal Code Section 9.51.020(A)(1)(d)(ii).
4.25.030 Exemptions
The requirements of this Chapter shall not apply to the following:
(a) Hotels, motels, inns, tourist homes and rooming and boarding houses which are rented primarily to transient guests for a period of less than fourteen (14) days. (b) Hospitals, convents, monasteries, extended medical care facilities, asylums, non-profit homes for seniors, or dormitories owned and operated by an institution of higher education.
(c) Rental housing units and properties which a government unit, agency or authority owns, operates, manages, or in which governmentally subsidized tenants reside only if applicable Federal or State law or administrative regulation specifically exempt such units from municipal control.
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Packet Pg. 623 Attachment: ORD-Chapter 4.25-Rent Registry 2d [Revision 1] (7393 : Rent Registry - Second Reading)
4.25.040 Mandatory registration of residential rental properties not subject to Article XVIII of the City Charter.
(a) For every property in the City, the owner(s) shall file with the City a property registration statement on the following occasions:
(1) annually by a date established by regulations adopted pursuant to Section
4.25.080; and
(2) within 60 days after a change in ownership or management of the property. (b) The property registration statement required by subsection (a) shall be completed on a form provided by the City and shall include at a minimum the following information:
(1) Property address;
(2) Name, mailing address, email address, and phone number of every owner of the property;
(3) Name, mailing address, email address, and phone number of a person responsible for managing the property;
(4) Information relevant to determining whether the property and each rental housing unit is subject to Civil Code Sections 1946.2 or 1947.12, Article XXIII of the City Charter, or any affordable housing deed restriction;
(5) For each rental housing unit, the following information:
(A) complete address, including unit number or other unit specification; (B) number of bedrooms;
(C) number of bathrooms; and
(D) whether the unit is tenant-occupied;
(6) For each rental housing unit at the property that is tenant-occupied, the
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Packet Pg. 624 Attachment: ORD-Chapter 4.25-Rent Registry 2d [Revision 1] (7393 : Rent Registry - Second Reading) following information:
(A) rent amount;
(B) date tenancy began;
(C) whether the tenant is paying rent with a housing voucher; (D) amenities provided;
(E) whether utilities are paid for by owner or tenant and on a submeter or direct meter basis; and
(F) when the prior tenant vacated the unit and why.
(7) Name of the natural person filing the property registration statement, and if not a person identified as an owner on the registration statement, evidence of authorization to file the registration statement on behalf of the owner(s); (8) All other information as required by the City.
4.25.050 Issuance of property registration certificate. (a) Within 30 days of receipt of a complete property registration statement and payment in full of any required property registration fees, the City shall issue to the owner a property registration certificate certifying compliance with the requirements of Section
4.25.040(a) of this Code. The property registration certificate shall expire at the time the next annual property registration certificate is issued or would be issued if an annual property registration statement is filed, or 31 days after a change in management or ownership if no updated property registration statement has been timely filed, whichever comes first.
(b) If, upon review of a filed property registration statement, the City determines that statement is not complete, the City shall issue a written notice of deficiency to the
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Packet Pg. 625 Attachment: ORD-Chapter 4.25-Rent Registry 2d [Revision 1] (7393 : Rent Registry - Second Reading) owner. The owner shall have fifteen days after the City issues such notice of deficiency to file a complete statement without penalty.
4.25.060 Notice to tenants.
(a) For every property for which a property registration statement is required to be filed, the owner shall display in a conspicuous place at the property, or provide to the tenant of each rental housing unit on the property, a copy of the non-expired property registration certificate issued by the City.
(b) No owner shall demand or accept rent for a rental housing unit at a property for which a property registration statement is required to be filed without first complying with subsection (a). This subsection shall become effective January 1, 2027.
4.25.070 Property registration fee.
(a) A fee for the registration of property pursuant to this Chapter may be established by resolution of the City Council. Such fees are intended to recover the City’s reasonable costs associated with the administration and enforcement of this Chapter and laws to protect tenants and promote housing stability. Fees shall be due at the time of filing a property registration statement and paid no more than once per year. (b) Subject to subsections (c) and (d), an owner who has paid a property registration fee pursuant to this Chapter may pass through fifty percent of the fee to all tenants at the property, unless otherwise prohibited by any state, local, or federal law.
The owner shall divide the fifty percent pass through fee equally among all rental housing units at the property for which pass through fee is permitted, whether vacant or occupied, and shall charge each tenant no more than one-twelfth of the rental housing unit’s pass
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Packet Pg. 626 Attachment: ORD-Chapter 4.25-Rent Registry 2d [Revision 1] (7393 : Rent Registry - Second Reading) through fee per month. Such pass through fee shall not be considered rent and shall be separately denominated on any rent ledger or tenant account balance statement. (c) Notwithstanding the foregoing, no owner of a rental housing unit restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, may pass through any portion of the property registration fee to a tenant of such a restricted rental housing unit.
(d) No owner may pass through any portion of the property registration fee to a tenant without first complying with Section 4.25.060.
4.25.080 Administrative regulations.
The City Manager or designee may promulgate administrative regulations to implement the provisions of this Chapter, including but not limited to regulations related requiring additional relevant information to be provided on registration statements, registration deadlines, and the form of registration statements. No person shall fail to comply with any such regulations.
4.25.090 Remedies and penalties.
(a) It shall be an affirmative defense to an action by owner to recover possession of a rental housing unit subject to Article XXIII of the City Charter that, at the time the action was filed, the owner failed to comply with Section 4.25.060 of this Chapter. (b) Any person who violates this Chapter shall be subject to injunctive relief and be liable to the City in a civil action for a civil penalty in the amount of two hundred dollars per unregistered rental housing unit per month, and reasonable attorneys’ fees and costs
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Packet Pg. 627 Attachment: ORD-Chapter 4.25-Rent Registry 2d [Revision 1] (7393 : Rent Registry - Second Reading) as determined by the court. The civil penalty amount may be adjusted upward by City Council resolution.
(c) Any person violating this Section shall be subject to administrative fines and administrative penalties pursuant to Chapter 1.09 of this Code. (d) Any person who is convicted of violating this Chapter shall be guilty of an infraction, which shall be punishable by a fine not to exceed two hundred and fifty dollars, or a misdemeanor and upon conviction shall be punished by a fine of not greater than five hundred dollars or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment.
(e) Failure to comply with the requirements of this chapter shall be considered a strict liability defense; accordingly, the prosecution shall not be required to prove criminal intent or that the violator meant to violate any provision of this Chapter. (f) Any person convicted of violating any provision of this Chapter shall be required to reimburse the City its full investigative costs.
(g) Nonexclusive Remedies and Penalties. The remedies provided in this Chapter are not exclusive, and nothing in this Chapter shall preclude any person from seeking any other remedies, penalties, or procedures provided by law.
4.25.100 Effective date.
This Chapter shall become effective January 1, 2026, except Section 4.25.060(b) which shall become effective January 1, 2027.
SECTION 2. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the
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Packet Pg. 628 Attachment: ORD-Chapter 4.25-Rent Registry 2d [Revision 1] (7393 : Rent Registry - Second Reading) provisions of this Ordinance.
SECTION 3. 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 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
__________________________
HEIDI VON TONGELN
Interim City Attorney
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Packet Pg. 629 Attachment: ORD-Chapter 4.25-Rent Registry 2d [Revision 1] (7393 : Rent Registry - Second Reading) City Council
Report
City Council Meeting: November 18, 2025
Agenda Item: 4.N
1 of 1
To: Mayor and City Council
From: Heidi Von Tongeln, Interim City Attorney, City Attorney's Office, Administration
Subject: Second Reading and Adoption of an Ordinance Amending Chapter 13.04, Vacant Properties, of Article 13, Neighborhood Preservation, of the City of Santa Monica Municipal Code to Require the Registration of Vacant Properties
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on October 28, 2025, the City Council introduced for first reading an Ordinance amending Chapter 13.04, Vacant Properties, of Article 13, Neighborhood Preservation, of the City of Santa Monica Municipal Code to require the registration of vacant properties. The ordinance is now presented to the City Council for adoption.
Prepared By: Bradley Michaud, Legal Administrative Services Officer Approved Forwarded to Council
Attachments:
A. ORD-Chapter 13.04-Vacant Properties Registration 2d
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City Council Meeting: November 18, 2025 Santa Monica, California ORDINANCE NUMBER ____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 13.04, VACANT PROPERTIES, OF ARTICLE 13,
NEIGHBORHOOD PRESERVATION, OF THE SANTA MONICA MUNICIPAL CODE
TO REQUIRE THE REGISTRATION OF VACANT PROPERTIES
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to enact, amend, and enforce ordinances to promote social, economic, or aesthetic considerations and/or that regulate conditions which may be public nuisances or create health hazards. The City has determined that many of the existing provisions of the Santa Monica Municipal Code (SMMC) that address unmaintained and vacant properties are in need of amendment in order to provide City staff with greater enforcement flexibility and address emerging and evolving problems within the community; and WHEREAS, Government Code Section 38771 permits the City to declare what constitutes a public nuisance by ordinance; and
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to enforce all local, police, sanitary, and other ordinances and regulations not in conflict with the general laws, including imposing regulatory fees, subject to the limitations of Article XIIIC Section 1(e); and
WHEREAS, on September 12, 2023, the Santa Monica City Council adopted Ordinance 2758 (CCS) which added Chapter 13.04 of the Santa Monica Municipal Code, establishing a regulatory program for the maintenance and security of vacant properties by setting minimum standards for such properties; and
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Packet Pg. 631 Attachment: ORD-Chapter 13.04-Vacant Properties Registration 2d (7394 : Vacant Properties - Second Reading) WHEREAS, the City Council wishes to clarify the application of certain of the City’s existing vacant property standards by restructuring and restating Section 13.04.040 of the Municipal Code; and
WHEREAS, the City Council has adopted as one of its strategic priorities Clean Streets and Safe Neighborhoods, which creates an atmosphere marked by clean and safe public spaces and neighborhoods; and
WHEREAS, the City Council desires to protect the public health, safety and welfare of the citizens of the City of Santa Monica and maintain a high quality of life for the citizens of the City through the maintenance of structures and properties in the City; and WHEREAS, vacant and abandoned residential, commercial, industrial, and historic properties are a significant problem and can depreciate property values, reduce property tax revenue, attract crime, create the potential for a permanent loss of a historical resource, degrade the quality of life within the community and foster an unsafe and unhealthy environment for residents; and
WHEREAS, a number of properties in the City have been abandoned or allowed to remain vacant without proper monitoring or security, leading to vandalism, squatting, arson, and destruction; and
WHEREAS, the City Council has a vested interest in protecting neighborhoods against various dangers caused by vacant and abandoned properties and concludes that it is in the best interests of the health, safety, and welfare of its citizens and residents to ensure that all properties within the City are held to reasonable standards of maintenance and security; and
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Packet Pg. 632 Attachment: ORD-Chapter 13.04-Vacant Properties Registration 2d (7394 : Vacant Properties - Second Reading) WHEREAS, vacant property owners are often located outside of the area or state and do not provide regular monitoring or securing of their properties, leading to increased dereliction, trespassing, squatting, arson, and other crimes; and WHEREAS, as of April 2025, the address on file with the Los Angeles County Tax Assessor for the owners of over 100 vacant properties in the City were not the owners’ correct the correct mailing address, making it difficult for the City to contact those owners to notify them of any violation or condition endangering health or safety on their property; and
WHEREAS, as of July 2025, the City was aware of at least 167 vacant properties in the city, approximately half of which are maintained in some level of disrepair or noncompliance with the City’s vacant property standards; and WHEREAS, a program to require that owners of vacant property register their properties with the City, including by providing details about the property and the owner’s current contact information, would enable the City to more efficiently and effectively ensure and enforce compliance with the City’s vacant property standards; and WHEREAS, a program of City staff, including Code Enforcement, Building and Safety, Fire Department, and Police Department staff, routinely inspecting vacant properties would also enable the City to more effectively ensure and enforce compliance with the City’s reasonable vacant property standards; and WHEREAS, the City Council desires to amend Chapter 13.04 of the Municipal Code in order to provide for a vacant property registration and monitoring program to enable the City to more effectively track vacant properties in the City, enforce and ensure
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Packet Pg. 633 Attachment: ORD-Chapter 13.04-Vacant Properties Registration 2d (7394 : Vacant Properties - Second Reading) compliance with the City’s vacant property standards, and recover costs associated with staff’s efforts in doing so; and
WHEREAS, implementing the foregoing changes and additions will assist the City in protecting neighborhoods from the negative impacts and conditions that occur as a result of vacancy, absentee ownership, and lack of compliance with City regulations and laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 13.04.030 of the Santa Monica Municipal Code is hereby amended to read as follows:
13.04.030 Definitions.
If a word is not defined in this Chapter or other specific provisions of the Santa Monica Municipal Code, the most common dictionary definition is presumed to be correct:
“Director” means the Community Development Director or their designee. “Groundcover” means any low plant that conceals the bare ground and protects the topsoil from erosion or drought. Examples include, but are not limited to, grass, moss, thyme, and clover.
“Hardscape” means any non-vegetative feature or manmade material that is incorporated into a landscape. Examples include, but are not limited to, pavers, stone, bricks, wood chips, and decomposed granite.
“Multiple-Unit dwelling” means the same as defined in Section 9.51.020 of this Code. “Property” shall refer to each separate parcel of land, as identified by the Los Angeles County Assessor’s Office.
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Packet Pg. 634 Attachment: ORD-Chapter 13.04-Vacant Properties Registration 2d (7394 : Vacant Properties - Second Reading) “Sheeting Material” or “sheeting” means a minimum of one-quarter-inch thick clear or semi-clear shatter-proof polycarbonate material with strength capable of sustaining impact without breaking or shattering, absent excessive force. “Softscape” means any live vegetation that is incorporated into landscaped areas. “Substantially Vacant” means any property where fewer than thirty-five percent of the units are occupied.
“Tier 1 property” shall mean a vacant property that does not have conditions that violate this Chapter or Chapter 13.02 other than de minimis violations that do not endanger public health or safety.
“Tier 2 property” shall mean a vacant property that has conditions that violate this Chapter or Chapter 13.02 that are not de minimis but that do not endanger the health and safety of the community.
“Tier 3 property” shall mean a vacant property of which the owner is not responsive to City or community requests and which either has conditions that violate this Chapter or Chapter 13.02 and that endanger the health or safety of the community if not corrected, or at which there is evidence of trespassing into structures on the property. “Tier 4 property” shall mean a vacant property that has conditions that immediately endanger the public health and safety of the community. “Vacant property” means any property that is substantially vacant, unoccupied, or abandoned for more than ninety days, unless significant construction, pursuant to an active building permit, is taking place or an inspection by the Building and Safety Division has been conducted within the previous ninety days. Significant construction is
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Packet Pg. 635 Attachment: ORD-Chapter 13.04-Vacant Properties Registration 2d (7394 : Vacant Properties - Second Reading) construction that materially improves the condition of the property or is designed to prepare the property for occupancy.
SECTION 2. Section 13.04.040 of the Santa Monica Municipal Code is hereby repealed and replaced as follows:
13.04.040 General vacant property standards.
Every vacant property shall be actively maintained, monitored, and secured in compliance with all of the following standards.
(a) Safety and Security. Every vacant property shall be secured according to the following provisions:
(1) A valid Trespass Arrest Authorization shall be kept on file with the Santa Monica Police Department empowering the Police Department to remove all unauthorized persons from the property. The Trespass Arrest Authorization shall be kept current and effective during the period of vacancy.
(2) “No Trespassing” signs shall be posted and displayed along all street- or alley-facing property frontages and shall be visible to the public. The sign must be no smaller than 17 by 22 inches in size, with lettering no smaller than 1 inch in height. (3) The Director may order additional measures to secure the vacant property, including:
(A) Additional signage that includes the name and phone number of an individual that can promptly respond to complaints regarding the property. (B) Enclosure of the vacant property by a six feet tall and non-viewobscuring fence that is made of wood, wrought iron, or similar materials. This provides for clear and open visibility of the vacant property while providing an additional measure
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Packet Pg. 636 Attachment: ORD-Chapter 13.04-Vacant Properties Registration 2d (7394 : Vacant Properties - Second Reading) of security. The fence must be self-supporting and may not be attached to any part of adjacent property without the adjacent owner’s written permission. The fence’s location, type, and method of installation is subject to the approval of the Director before installation; provided, however, that in no event shall the fence be a temporary fence made of chain-link, unless the vacant property is actively being developed pursuant to a current and valid building permit. If the Director orders fencing to be installed, the following requirements shall apply:
(i) Fences shall be safe, structurally sound, and uniform or compatible in color and structure; they shall be maintained so that they do not constitute a hazard, blight, or condition of disrepair. Examples of hazards, blight or conditions of disrepair include but are not limited to, leaning fences or walls, fences or walls that are missing slats or blocks, or that exhibit rot, damage, graffiti, peeling paint, or deterioration of paint or materials.
(ii) All unauthorized postings and graffiti shall be immediately removed or painted over.
(iii) Missing or damaged fencing shall be repaired or replaced within seventy-two hours of such damage occurring.
(iv) All gates or entrances to the vacant property shall be equipped with a combination lock. The current combination shall be provided to the Santa Monica Police Department on the Trespass Arrest Authorization form.
(v) All fences surrounding any vacant property shall be non-viewobscuring, allowing fifty percent (50%) visibility into the interior of the property
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Packet Pg. 637 Attachment: ORD-Chapter 13.04-Vacant Properties Registration 2d (7394 : Vacant Properties - Second Reading) (C) Installation and maintenance in working condition of motion-activated security lighting in accordance with Section 9.21.080 of this Code at all entrances and exits of the property from dusk until dawn.
(D) Installation and maintenance in working condition of motion-activated video surveillance cameras that provide two-way communication and mobile live-view video.
(E) Installation and maintenance of additional building locks or entry control systems including bars on windows to prevent unauthorized access to the property and any structure.
(F) Provision of adequate security by onsite security personnel, roaming security patrol, or some other means, which may include twenty-four hours per day, seven days per week security as determined by the Director.
(b) Exterior Maintenance. The exterior portion of every vacant property shall be maintained according to the following provisions.
(1) Landscaping.
(A) The property shall be kept clean, watered, and free of weeds; (B) Dead or dying plant material shall be removed;
(C) Groundcover, hardscape, or softscape approved by the Director shall be installed and maintained on every vacant property throughout the period of vacancy and shall comply with the following:
(i) Plants used for groundcover shall not be allowed to grow taller than six inches; and
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Packet Pg. 638 Attachment: ORD-Chapter 13.04-Vacant Properties Registration 2d (7394 : Vacant Properties - Second Reading) (ii) Irrigation adequate for the health and growth of groundcover plants shall be provided and maintained throughout the period of vacancy. (D) Notwithstanding Section 9.21.050 of this Code, all hedges, bushes, and shrubs on every vacant property shall be maintained no higher than forty-two inches to allow for a clear view from the public right-of-way to the entire interior of the property. (E) Trees shall be pruned and maintained regularly to remove any overgrowth, or dead or dying branches and leaves.
(F) Adequate irrigation shall be provided to ensure the continued health and growth of all hedges, bushes, shrubs, and trees.
(G) The Director may order additional measures to ensure the exterior portion of the property is adequately maintained including, but not limited to, elimination or trimming of landscaping that contributes to an unsafe condition on the property. (2) Drainage. All premises shall be maintained so as to prevent the accumulation of stagnant water that causes a hazardous or unhealthy condition, becomes a breeding area for insects, or causes soil erosion or damage to foundation walls. (3) All trash, debris, rubbish, discarded furniture, and defective or discarded equipment or appliances or items of similar nature shall be removed from the property. (4) Exterior insect, rodent and animal control. All premises shall be kept free from insect and rodent infestation and other noxious pests. This provision shall not require action to disturb the natural or cultivated activity of bees, rabbits, or other insects or animals where such activity is not a danger or nuisance to any resident of the surrounding area, and where other applicable legal requirements are met. Any pest or rodent
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Packet Pg. 639 Attachment: ORD-Chapter 13.04-Vacant Properties Registration 2d (7394 : Vacant Properties - Second Reading) infestation on the property shall be abated and documentation verifying the abatement from a licensed professional shall be provided to the Director upon request. (5) Every vacant property shall be kept free of parked, abandoned, or inoperable vehicles except where a parking permit or other approval has been obtained from the City.
(6) Any swimming pool shall be drained, kept free of standing water, and either filled in with soil or other fill approved by the Director, or covered in such a way that water cannot collect in the swimming pool or on top the cover. (7) Approved address numbers for the property and all buildings shall be posted in such a manner as to be plainly visible and legible from the public right of way fronting the property.
(c) Maintenance and Security of Structures.
(1) All buildings and structures on the property shall be maintained in a manner that is safe, structurally sound, and allows for the structure to be easily used for its intended purpose.
(2) All buildings and structures upon the property shall be secured, locked, and closed in a manner ordered and approved by the Director and the Building Official, in accordance with the following:
(A) All first-story doors and windows facing any street or alley shall be secured usings sheeting material only, except that damaged or vandalized first-story doors or windows facing a street or alley may be secured with plywood for a period not to exceed 30 days, after which time they must be secured with sheeting material. First-floor
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Packet Pg. 640 Attachment: ORD-Chapter 13.04-Vacant Properties Registration 2d (7394 : Vacant Properties - Second Reading) doors and windows not facing any street or alley may be secured using plywood. Sheeting material and plywood and shall meet the following specifications:
(i) Plywood and sheeting material used to secure a vacant property shall be installed in accordance with presently applicable FHA-standards or as determined by the Building Official.
(ii) Only exterior-grade screws and round-head plated carriage bolts shall be used to install sheeting material or plywood. Nails shall not be used. (iii) Sheeting material shall be installed in a manner intended to provide an appearance approximating glass in the window casings, and consistent in appearance with the surrounding surface in the case of all other openings that require securing. (iv) Plywood shall be painted in a color consistent with the exterior of the dwelling unit.
(v) Plywood shall be of unsanded CDX grade and shall have a minimum thickness of one-half inch for window openings, five-eighths inch for door openings and three-quarter inch for sliding door and French door openings. Materials such as oriented strand board (OSB), medium density fiberboard (MDF), particle board, wafer board, Masonite34, or other similar material shall not be used to secure vacant or abandoned buildings or structures unless expressly permitted by the Director. (B) The Director may order additional measures to secure structures of a vacant property including use of sheeting material or plywood to secure windows and doors above the first story.
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Packet Pg. 641 Attachment: ORD-Chapter 13.04-Vacant Properties Registration 2d (7394 : Vacant Properties - Second Reading) (3) Security bars, laminate, or other methods approved by the Director and Building Official shall be installed on all doors or windows to prevent the unauthorized entry into structures.
(A) Notwithstanding the foregoing, at least one door shall allow authorized persons access to the interior of all buildings and all units within each building. Any such access door on the exterior of any building may be secured by using:
(i) A solid core wood or steel door with no windows or other openings in the door; or
(ii) Hinged sheeting material or three-quarter-inch plywood attached to the door entry with three case hardened strap hinges of the type specified by the Building Official. The sheeting material or plywood shall be secured by at least two case-hardened steel hasps and minimum two-inch case-hardened padlock also of the type specified by the Building Official.
(d) Structure Interior.
(1) All furniture and personal property shall be removed from the interior of buildings, unless the property is substantially vacant and remains occupied by one or more persons in which case furniture and personal property shall only be removed from the interior of units that are not occupied by a lawful tenant or owner. (2) All curtains, blinds, and window coverings shall be removed from all windows located on the ground level of a structure allowing for a clear view to the interior of vacant buildings and units.
(e) Additional Requirements.
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Packet Pg. 642 Attachment: ORD-Chapter 13.04-Vacant Properties Registration 2d (7394 : Vacant Properties - Second Reading) (1) Every person who owns, possesses, or has control of a vacant property, shall maintain and secure said property in accordance with all provisions in Chapter 13.02 and Chapter 13.06.
(2) The Director may order that utility services, including gas, water, and electricity, be disconnected.
(3) For any substantially vacant property, every unit that is unoccupied and not being offered for sale or rent shall be secured and locked or otherwise made inaccessible in accordance with this section, regardless of the period of time the property has been substantially vacant.
(f) Proactive Inspection and Reporting.
(1) Every vacant property shall be inspected no less than weekly by the property owner or their agent. The owner shall submit reports regarding each inspection in writing to the Director. Each report shall include the date of the inspection, a list of every security or maintenance deficiency that was found, the date by which such issue was or will be corrected, and time and date stamped photos of the property showing the overall condition of the property and any identified security or maintenance deficiency. (2) The Director may require increased frequency of inspections if it is determined that doing so is necessary to safeguard the community from impacts that are injurious to public health, safety, and general welfare, or where the property becomes attractive to unauthorized persons and trespassers.
SECTION 3. Section 13.04.045 of the Santa Monica Municipal Code is hereby added to read as follows:
13.04.045 Registration of vacant properties.
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Packet Pg. 643 Attachment: ORD-Chapter 13.04-Vacant Properties Registration 2d (7394 : Vacant Properties - Second Reading) (a) By January 1, 2026 or within 30 days after a property becomes vacant, whichever is later, every person who owns or has control of a vacant property shall register the property with the City by submitting a completed vacant property registration form provided by the City and pay any required fees, which shall be used for the administration of this Chapter. Such fees shall be established by resolution of the City Council. A separate registration and fee shall be paid for each parcel that is vacant. The vacant property registration form shall provide the following information:
(1) A vacant property mitigation plan, including a description of the methods by which the person who owns, possesses or has control of vacant property will maintain and secure the vacant property against unauthorized entry in accordance this Chapter; (2) A contact phone number for the property owner and for the person responsible for the maintenance and security of the property; (3) A description of the most recent legal use of the property before it became vacant;
(4) The square footage of the property;
(5) A description of any future plans for the property, including the date by which the owner expects the property to no longer be vacant;
(6) Whether there is a fire or a general liability insurance policy for the property; (7) Any other information as the Director may require.
(b) Within 30 days of a change of ownership of any vacant property, or when a material change to any item on vacant property registration form occurs, a new vacant property registration shall be submitted to the City and the fees paid.
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Packet Pg. 644 Attachment: ORD-Chapter 13.04-Vacant Properties Registration 2d (7394 : Vacant Properties - Second Reading) (c) No person shall fail to register a vacant property or pay the required vacant property fee due at the time of registration.
SECTION 4. Section 13.04.047 of the Santa Monica Municipal Code is hereby added to read as follows:
13.04.047 Vacant property monitoring fees.
(a) Every owner of a vacant property shall pay to the City a vacant property monitoring fee, in an amount established by resolution of the City Council. These fees shall cover the reasonably anticipated cost of staff engaged in the monitoring and inspection of vacant properties to enforce the requirements of this Chapter. (b) The Code Enforcement Division shall conduct an initial inspection and issue a written vacant property tier determination to the owner no more than 14 days after a vacant property registration form is filed, or if no form has been filed, then no more than 14 days after the City becomes aware of the vacant property. (c) The Code Enforcement Division may issue a new vacant property tier determination at any time after the initial inspection. The owner may request that the Code Enforcement Division issue a new vacant property tier determination no more than once per quarter. Any change to the applicable vacant property monitoring fees resulting from a new determination shall take effect in the following quarterly billing period. (d) Vacant property monitoring fees shall be paid on a quarterly basis. (1) The vacant property monitoring fees shall not apply to any tier 1 vacant property unless it was previously classified in another tier while under the same ownership.
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Packet Pg. 645 Attachment: ORD-Chapter 13.04-Vacant Properties Registration 2d (7394 : Vacant Properties - Second Reading) (2) For properties that are contiguous, owned by the same ownership, and appear to be maintained as a single property, a single vacant property monitoring fee may be charged.
(e) Every vacant property tier determination issued pursuant to this section shall be given either by email to the address provided on the registration form, personal delivery, or by deposit in the United States mail, in a sealed envelope postage prepaid, addressed to the owner at the address as shown on the last equalized County assessment roll and the address provided on the registration form. Where email, personal delivery, or service by mail cannot be achieved, a copy of the determination shall be conspicuously posted at the vacant property which is the subject of the order. Service shall be deemed complete at the time of emailing, depositing in the United States mail, personal delivery, or posting.
(f) An owner of a vacant property who receives a vacant property tier determination may appeal the tier determination by filing an appeal on a form provided by the Director within 15 days after service of the vacant property tier determination. (g) If an appeal of a vacant property tier determination is timely filed, the Director or his or her designee shall consider the determination and, if the owner has so requested in his or her appeal form, shall grant the owner an oral hearing. The Director shall give the owner no less than 10 days’ notice of the time and place of hearing. The Director or his or her designee shall issue a written decision upholding the vacant property tier determination or modifying the vacant property tier determination to assign the vacant property a lower numbered tier. The written decision of the Director or his or her designee
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Packet Pg. 646 Attachment: ORD-Chapter 13.04-Vacant Properties Registration 2d (7394 : Vacant Properties - Second Reading) following an appeal of a vacant property tier determination shall be the final decision of the City.
SECTION 5. Section 13.04.060 of the Santa Monica Municipal Code is hereby amended to read as follows:
13.04.060 Community safety and protection.
The Director is authorized to waive or modify any vacant property standard or condition found in Section 13.04.040 of this Chapter if it is determined that, under the particular factual circumstances, the change is warranted to safeguard the property or the surrounding community from impacts that are injurious to public health, safety and general welfare or to the stability of real property so as to interfere with the comfortable enjoyment of life or property, nor become attractive to unauthorized persons, including, but not limited to, juveniles and transients, nor constitute a health, fire or safety hazard.
Requests for such waivers and modifications shall be submitted on a form provided by the City.
In making this determination, the Director shall consider:
(a) The history of unlawful activity and calls for service at this property; (b) The overall condition of the property and structures; (c) The willingness of the property owner to comply with City requests; (d) The likelihood that the change will result in improved protection of the property and the public writ large; and
(e) Any other evidence pertaining to the property and its owners, or the effects of the proposed change.
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Packet Pg. 647 Attachment: ORD-Chapter 13.04-Vacant Properties Registration 2d (7394 : Vacant Properties - Second Reading) The Director may place conditions with or without expiration dates on any approved waiver. The Director may also modify conditions placed on the waiver if the effect of the waiver is not meeting the intent of this chapter.
SECTION 6. Section 13.04.070 of the Santa Monica Municipal Code is hereby added to read as follows:
13.04.070 Regulations.
The City Manager or designee may promulgate regulations to implement the provisions of this Chapter. No person shall fail to comply with any such regulation.
SECTION 7. Section 13.04.080 of the Santa Monica Municipal Code is hereby added to read as follows:
13.04.080 Fees.
No responsible party shall fail to pay any fee required by this chapter. In addition to any penalty prescribed by this chapter for noncompliance, failure to pay such fees may also result in a lien being placed on the subject property or a special assessment against the property in the amount of the unpaid fees, pursuant to the procedures set forth in Section
13.06.080 of this Code.
SECTION 8. Section 13.04.090 of the Santa Monica Municipal Code is hereby added to read as follows:
13.04.090 Severability.
If any provision of this Chapter as herein enacted or hereafter amended, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect the other provisions or applications of this Chapter (or any Section or portion of Section
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Packet Pg. 648 Attachment: ORD-Chapter 13.04-Vacant Properties Registration 2d (7394 : Vacant Properties - Second Reading) hereof) which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are, and are intended to be severable.
SECTION 9. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 10. 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 11. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_____________________________
HEIDI VON TONGELN
Interim City Attorney
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Packet Pg. 649 Attachment: ORD-Chapter 13.04-Vacant Properties Registration 2d (7394 : Vacant Properties - Second Reading) City Council
Report
City Council Meeting: November 18, 2025
Agenda Item: 4.O
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To: Mayor and City Council
From: Heidi Von Tongeln, Interim City Attorney, City Attorney's Office, Administration
Subject: Second Reading and Adoption of an Interim Zoning Ordinance Amending Santa Monica Municipal Code Section 9.31.200, Outdoor Dining and Seating On Sidewalks, to Promote Economic Recovery by Simplifying the City’s Outdoor Dining Program
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on October 28, 2025, the City Council introduced for first reading an interim zoning ordinance amending Santa Monica Municipal Code Section 9.31.200, Outdoor Dining and Seating on Sidewalks, to promote economic recovery by simplifying the City’s outdoor dining program. The ordinance is now presented to the City Council for adoption.
Prepared By: Bradley Michaud, Legal Administrative Services Officer Approved Forwarded to Council
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Attachments:
A. ORD-Sidewalk Dining IZO_2d
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1 City Council Meeting: November 18, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
9.31.200, OUTDOOR DINING AND SEATING ON SIDEWALKS, TO PROMOTE ECONOMIC RECOVERY BY SIMPLIFYING THE CITY’S OUTDOOR DINING
PROGRAM
WHEREAS, outdoor dining and seating have long been fixtures in Santa Monica’s commercial districts; and
WHEREAS, sidewalk dining repurposes the sidewalk abutting a dining establishment into an extension of the business where food may be served; and WHEREAS, sidewalk dining activates sidewalks, promotes restaurants, and generates foot traffic that benefits nearby businesses; and WHEREAS, on March 13, 2020, the City Manager, as the Director of Emergency Services (“Director of Emergency Services”), proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and effectuate the City’s response to the novel coronavirus (“COVID-19”), and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”)’ and
WHEREAS, on March 16, 2020, the Director of Emergency Services issued a Third Supplement to the Executive Order, requiring the closure of a wide range of businesses including bars, nightclubs, on-premises restaurant service, movie theatres, live
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Packet Pg. 652 Attachment: ORD-Sidewalk Dining IZO_2d (7395 : Outdoor Dining - Second Reading) 2 performance venues, gyms, fitness centers, spas, hair salons, massage parlors, and nail salons; and
WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its earlier March 16, 2020 Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHERAS, after March 19, 2020, the Los Angeles Department of Public Health, on multiple occasions, amended and modified its Health Officer Order, recognizing the issues posed by community transmission of COVID-19 in Los Angeles County, and, in response, maintaining public health measures that have, at differing times, included strict limitations on public gatherings, required closures of certain businesses, and strict limitations and protocols for the operations of businesses permitted to remain open; and WHEREAS, as of March 31, 2023, the local, state, and federal COVID-19 emergency declarations have concluded; and
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los
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Packet Pg. 653 Attachment: ORD-Sidewalk Dining IZO_2d (7395 : Outdoor Dining - Second Reading) 3 Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, based upon these events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and such emergency conditions required the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the
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Packet Pg. 654 Attachment: ORD-Sidewalk Dining IZO_2d (7395 : Outdoor Dining - Second Reading) 4 Existence of a Local Emergency (“Palisades Fire Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and WHEREAS, pursuant to the Emergency Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permitted bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, since January 8, 2025, the City has issued Seven Supplements to that Palisades Fire Executive Order; and
WHEREAS, these Supplements have included, but are not limited to, provisions that: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires; 2) waive or reduce license fees for outdoor dining areas, sidewalk dining, parklets,
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Packet Pg. 655 Attachment: ORD-Sidewalk Dining IZO_2d (7395 : Outdoor Dining - Second Reading) 5 and pier deck extended dining; and 3) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and
9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service; and
WHEREAS, although the immediate COVID-19 and fire dangers have subsided, local businesses have reported that they are still experiencing economic impacts from these incidents and continue to face resulting economic uncertainty; and WHEREAS, as the commercial and economic landscape evolves, the City’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of unique dining, retail, and entertainment uses; and WHEREAS, as restaurant and entertainment environments across the region and county continue to evolve, there is a need to adjust allowed uses and dining and entertainment options to enable economic recovery and provide increased flexibility to minimize vacancies throughout the City; and
WHEREAS, the City has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, vacancy rates, in addition to economic impacts, threaten the health, safety, and economic welfare of the City’s citizens and businesses; and WHEREAS, in connection with the City’s economic recovery efforts and to support flexibility for new and existing businesses, this Interim Zoning Ordinance (“IZO”) includes
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Packet Pg. 656 Attachment: ORD-Sidewalk Dining IZO_2d (7395 : Outdoor Dining - Second Reading) 6 proposed amendments to Santa Monica Municipal Code Section 9.31.200 (“Section
9.31.200”) to remove duplicative design standards and consolidate them into the Sidewalk Design Guidelines; and
WHEREAS, this IZO removes certain design-related standards, specifically Section 9.31.200, subsections F (barriers), G (fixtures), and H (fixtures), in favor of the existing Sidewalk Design Guidelines already authorized by the same Code section; and WHEREAS, removal of these design guidelines from the Section 9.31.200 avoids potential conflicts between the Municipal Code and the Sidewalk Design Guidelines, will not result in substantial changes to the design of sidewalk dining, consolidates the standards in one place, and allows for minor modifications going forward to provide flexibility for businesses considering sidewalk dining opportunities; and WHEREAS, the City has an important government interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, allowing businesses to utilize outdoor space has shown to be important for business retention; and
WHEREAS, the City has a significant public interest in maintaining flexibility for business while ensuring these outdoor spaces do not negatively impact the City’s property or other surrounding locations; and
WHEREAS, the proposed IZO amendments amending standards and requirements for outdoor dining supports local business retention and promotes new
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Packet Pg. 657 Attachment: ORD-Sidewalk Dining IZO_2d (7395 : Outdoor Dining - Second Reading) 7 business opportunities citywide, addressing needs of the business community and residents; and
WHEREAS, the City Council finds and declares that a current and immediate threat to the public health, safety, and general welfare exists due to the devastating impact that the COVID-19-mandated closures and the Palisades Fire Emergency have had on the City’s restaurants and dining establishments, such that compliance with the current potentially conflicting standards in Section 9.31.200 would result in a threat to public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.31.200 is hereby amended to read as follows:
§ 9.31.200. Outdoor Dining and Seating on Sidewalks.
Outdoor dining and seating on sidewalks shall be designed, located, and operated consistent with the following standards:
A. Purpose. The purpose of this Section is to permit outdoor dining and seating that enhances the pedestrian ambiance of the City while not adversely impacting adjacent properties or surrounding neighborhoods consistent with the goals, objectives, and policies of the General Plan.
B. Applicability. The provisions of this Section shall apply to all new outdoor dining and seating areas on public rights-of-way, such as sidewalks, and to all existing outdoor dining and seating areas that are expanded.
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Packet Pg. 658 Attachment: ORD-Sidewalk Dining IZO_2d (7395 : Outdoor Dining - Second Reading) 8 C. Procedure. The establishment of an outdoor dining and seating area requires Zoning Conformance Review, pursuant to the procedures of Chapter 9.38, Zoning Conformance Review, to ensure consistency with all of the standards of this Section unless such review has been conducted in conjunction with discretionary review of the associated commercial use and issuance of a Sidewalk Dining Permit.
D. Accessory Use. Permanent outdoor dining and seating shall be conducted as an accessory use to a legally established eating and drinking establishment located on the public right-of-way immediately adjacent to the tenant space.
E. License Agreement. A license agreement for outdoor dining and seating on the public right-of-way shall be approved in a form required by the City.
F. Compliance with Design Guidelines. Outdoor dining and seating shall comply with all applicable adopted design standards and guidelines, including, but not limited to:
1. The Citywide Sidewalk Dining Guidelines;
2. The Sidewalk Dining Standards for the Third Street Promenade; and
3. The Sidewalk Dining Standards for Ocean Avenue.
The Planning Director or designee may promulgate guidelines, which may include, but are not limited to, eligible uses and sites, outdoor dining configuration, design standards, and operational standards to implement the provisions of this Chapter.
No person shall fail to comply with any such regulation.
G. Refuse Storage Area. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from, the sidewalk
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Packet Pg. 659 Attachment: ORD-Sidewalk Dining IZO_2d (7395 : Outdoor Dining - Second Reading) 9 café on the public sidewalk or public right-of-way. Sidewalk dining and seating areas shall remain clear of litter at all times.
H. Hours of Operation. The hours of operation of the outdoor dining and seating shall be limited to the hours of operation of the associated restaurant, other eating and drinking establishment, or commercial use.
I. Parking. Parking shall not be required for outdoor dining and seating on sidewalks permitted pursuant to this Section.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 3. 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 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
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Packet Pg. 660 Attachment: ORD-Sidewalk Dining IZO_2d (7395 : Outdoor Dining - Second Reading) 10 SECTION 5. This Ordinance shall be of no further force and effect sixty days from its effective date, unless it is otherwise extended pursuant to Santa Monica Municipal Code Section 9.46.090(C).
APPROVED AS TO FORM:
_________________________
HEIDI VON TONGELN
Interim City Attorney
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Packet Pg. 661 Attachment: ORD-Sidewalk Dining IZO_2d (7395 : Outdoor Dining - Second Reading) 1 August 12, 2025
(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 12, 2025
A regular meeting of the Santa Monica City Council was called to order by Mayor Negrete at 5:41 p.m., on Tuesday, August 12, 2025, at City Council Chambers, 1685 Main Street, Santa Monica, CA, 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.
Roll Call: Present: Mayor Lana Negrete
Mayor Pro Tem Caroline Torosis
Councilmember Jesse Zwick
Councilmember Dan Hall
Councilmember Ellis Raskin
Councilmember Barry Snell (arrived remotely at 5:47 p.m.) Councilmember Natalya Zernitskaya
Also Present: City Manager Oliver Chi
City Attorney Douglas Sloan
City Clerk Nikima S. Newsome
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:41 p.m., with all members present except Councilmember Snell. Councilmember Zernitskaya led the assemblage in the Pledge of Allegiance.
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.
The City of Santa Monica Statement of Accountability (Land Acknowledgement) was read into the record by Councilmember
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Zernitskaya.
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.
No Councilmembers recused from any items pursuant to the Levine Act.
AGENDA
MANAGEMENT
Motion by Mayor Negrete, seconded by Mayor Pro Tem Torosis, to suspend Council rules 6(h) and (g) to permit public comment on continued items. The motion passed by a vote of 6-0 with Councilmember Snell absent from the vote.
PUBLIC INPUT FOR
GENERAL PUBLIC
COMMENT AND
SPECIAL AGENDA
ITEMS:
(Councilmember Snell
arrived at 5:47 p.m.)
Members of the public Jerry Rubin, Johnathan Foster, Dylan Moore, Denise Barton, Christine Parra, Harvey Eder, Catalina Langen, Josh, and John Berry commented on various local issues.
No members of the public commented on Special Agenda items.
PROCLAMATIONS/
COMMENDATIONS/
SPECIAL AGENDA
ITEMS
2.A. Recognition of Outgoing Board & Commission Members, was rescheduled to the September 9, 2025, Council meeting
2.B. SMFD Awards, was presented.
PUBLIC INPUT FOR
CONSENT CALENDAR
AND CLOSED SESSION
ONLY:
Member of the public Eve Lopez commented on Closed Session items.
Members of the public Britney Guzman, Denise Barton, Mark Borensteim, Josh, Heather Thomason, Richard Hilton, and Heather Thomason (on behalf of Karen Croner) commented on consent calendar items.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.
At the request of City Manager Chi, Item 4.E. was removed from the Consent Calendar for administrative reasons.
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At the request of Councilmember Hall, Item 4.G. was removed from the Consent Calendar.
At the request of Mayor Negrete, Item 4.L. was removed from the Consent Calendar.
Motion by Mayor Pro Tem Torosis, seconded by Councilmember Zernitskaya, to approve the Consent Calendar except for Items 4.E., 4.G., and 4.L, reading resolutions by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
POLICE MOBILE DATA
DEVICES
4.A. Approval of Purchase of Cradlepoint Mobile Data Devices for the Police Department's Vehicles, was approved.
Recommended Action
Staff recommends that the City Council
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the 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.
USED OIL PAYMENT
PROGRAM
4.B. Adoption of Resolution No. 11691 (CCS) Authorizing Participation in the Used Oil Payment Program, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Adopt attached Resolution No. 11691 (CCS) authorizing the City Manager to submit and execute applications, agreements, and annual reports for the CalRecycle Used Oil Payment Program.
MASS TIMBER
ACCELERATOR
PROGRAM
4.C. Accept Grant Award from the Softwood Lumber Board for the Mass Timber Accelerator Program, was approved.
Recommended Action
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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).
TRACT MAP 4.D. Adoption of Resolution No. 11692 (CCS) Approving Final Parcel Map for the subdivision of 1907 12th Street, was adopted.
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 attached Resolution No. 11692 (CCS) approving Final Parcel Map No. 83867.
HAZARDOUS WASTE
DISPOSAL
4.F. Approval of Fourth Modification to Agreement No. 11052 (CCS) with Clean Earth Environmental Solutions for Hazardous Waste Disposal, was approved.
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 No. 11052 (CCS) 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.
OPENCOUNTER
SPECIAL EVENTS
PLATFORM
4.H. Approval of Fifth Modification of Agreement No. 11752 (CCS) with Accela to Support OpenCounter Special Events Platform, was approved.
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Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a fifth modification to Agreement No. 11752 (CCS), formerly 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.
PORTAL-TO-PORTAL
PAY
4.I. Adoption of Resolution No. 11694 (CCS) authorizing portal-toportal pay for City personnel providing local government Fire assistance (mutual aid response) to the State of California and Federal Fire Agencies, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Adopt proposed Resolution No. 11694 (CCS) authorizing portal-toportal pay for City personnel providing local government Fire assistance (mutual aid response) to the State of California and Federal Fire Agencies.
LICENSE AGREEMENT 4.J. Approval of Exclusive Negotiating Agreement No. 11753 (CCS) 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, was approved.
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 Exclusive Negotiating Agreement (ENA) No. 11753 (CCS) 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.
PROHIBITED ITEMS AT
COMMUNITY EVENTS
4.K. Introduction and Adoption of Emergency Ordinance No. 2823 (CCS) Amending SMMC 4.08.780 Regarding Prohibited Items at Public
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Assemblies and Community Events, was introduced and adopted.
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 attached emergency Ordinance No. 2823 (CCS) amending Santa Monica Municipal Code Section 4.08.780 to amend the list of prohibited items at public assemblies and community events.
RAND DEVELOPMENT
AGREEMENT
4.M. Second Reading and Adoption of Second Amendment No. 2822 (CCS) to the RAND Development Agreement, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
HOUSING TRUST FUND
LOAN
4.E. Adoption of Resolution No. 11693 (CCS) 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, was adopted.
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 Resolution No. 11693 (CCS), 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.
City Manager Chi stated that there is an administrative reason that this item was requested to be pulled. Subsequent to the publishing of the agenda it was learned that there are federal funds associated with the Virginia Avenue Project that may be at risk. Given that factor, staff now recommends that the approval of this item include a contingent allocation of up to $850,000 in additional housing trust fund loans in the event that federal funds are rescinded.
Questions asked and answered of staff included an explanation as to why $850,000 in federal funds are at risk and whether the city would need to make
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up for that amount from the housing trust funds; is the contingency allocation of $850,000 coming from the housing trust funds; will the city closely track the rehabilitation project and the associated CCSM loan, ensuring transparency and timely updates to the public and residents; and will residents be informed about where they will be relocated during the rehabilitation, and will their health and safety (such as air circulation and exposure to chemicals) be considered.
Considerable discussion ensued on topics including, but not limited to concerns about the process, including how long the project has taken, rising costs, and the way bids were handled; the need for improved oversight, transparency, and timely communication with both the public and the residents affected by the rehabilitation; the importance of informing residents about relocation plans, ensuring their health and safety during rehabilitation (such as air quality and chemical exposure), and considering the impact on families and children; and the need to track expenditures, review procurement processes, and involve qualified rehabilitation experts.
Motion by Mayor Pro Tem Torosis, seconded by Councilmember Raskin, to adopt the staff recommendation, including the additional $850,000 contingency allocation. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya, Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
AIRPORT SECURITY
ACCESS CONTROL
SYSTEM
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, was approved.
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.
Questions asked and answered of staff included more specificity about the security measures that were lost during the period when the previous vendor went out of business; were any termination of contract procedures followed
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by that vendor; did the city notify the tenants that were impacted; and have all dangerous sites and hazardous material storage areas been inspected for physical damage or any alterations that may have happened during this lapse in time.
Motion by Councilmember Hall, seconded by Mayor Negrete, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya, Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
ZONING ORDINANCE 4.L. Adoption of Resolution No. 11695 (CCS) 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, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.
2. Adopt Resolution of Intention No. 11695 (CCS) 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.
Questions asked and answered of staff included can staff publicly state what HCD (California Department of Housing and Community Development) has said when they contacted the city in regards to owner occupancy and does staff recommend that it is safer to repeal the owner occupancy portion of the ordinance while the process is ongoing.
Considerable discussion ensued on topics including, but not limited to concern that removing owner occupancy requirements and expanding provisions could ultimately benefit developers rather than the community; the importance of aligning city policies with both the letter and spirit of state law, particularly regarding affordable housing; the need for transparency and public understanding as the process moves forward; noting that this item is a resolution of intention, meaning it is just the first step in the process and that further review and changes will come later; the interpretation of owner occupancy requirements and noting that there is no such requirement in most
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city zones except as it relates to SB 9; and the city’s authority to pass local laws under its police powers.
Motion by Councilmember Raskin, seconded by Councilmember Zwick, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick, Mayor Pro Tem Torosis
NOES: Mayor Negrete
ABSENT: None
CLOSED SESSIONS On order of the Mayor, the City Council recessed at 7:05 p.m., to consider Closed Sessions and returned at 9:57 p.m., with all members present, to report the following:
5.A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Pico Neighborhood Association and Maria Loya v. City; LASC # BC616804
The City Attorney advised this matter was heard with no reportable action taken.
5.B. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Diane Burnett v. City; LASC # 23TRCV00943 The City Attorney advised this matter was heard with no reportable action taken.
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
The City Attorney advised this matter was heard with no reportable action taken.
CITY MANAGER
REPORT
The City Manager Report was presented.
REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Members of the public Harvey Eder, Bee Barba-Padilla, and Robbie Jones commented on Item 8.A.
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Member of the public Jonah Breslau commented on Item 10.A.
Members of the public Matias Fuchs-Lynch, Sam Shapiro-Kline, Denise Barton, Carl Hansen, Zennon Ulyate-Crowe, John Prindle, Connor Webb, Pam O’Connor, Brad Ewing, Colin Maduzia, Heather Thomason, Denny Zane, Mike Soloff, Paula Larmore, Corey Smith, Dave Rand, and Heather Thomason (on behalf of Karen Croner) commented on Item 10.B.
Members of the public Tim Oakes, Denise Barton, Connor Webb, and Deanna Ainsworth commented on Item 11.A.
Member of the public Teresa Clark commented on Item 16.C.
Member of the public Alex Aldana commented on Item 16.F.
CONTINUED ITEMS:
CITYWIDE EQUITY
PLAN
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).
Questions asked and answered of staff included why are certain programs delayed to 2028; how will priorities be determined; how will work be scaled up; how will departments be held accountable for implementing initiatives and making progress; what is the plan for implementing minority business incentives, local hire programs, and local entrepreneurship opportunities; why weren’t specific models like the Office of Community Wealth Building replicated in this plan; does the approach for economic empowerment require new programs or candidates from other departments; how is the city ensuring equity is integrated as a core value rather than just “sprinkled on top”; within the list of equity priorities identified by the community, why isn’t the controversy over the city suing LA County over cash bail policy addressed in the plan; how can the city take action beyond land acknowledgments and actually give control or stewardship of land back to indigenous communities; regarding substance abuse and supportive housing, is this about the Claire Matrix treatment facility on Pico, or are there other rehabilitation programs in focus; can the city offer more bystander intervention trainings; how will the new Community Connectors program function, and how will connectors be supported to truly engage communities; how will the equity-focused contact list be kept private and not misused; what are the commonly spoken languages in Santa Monica, and how does that inform translation and communication strategies; how do “taxpayer receipts” work, and how will they contribute to equity plan efforts; can existing partnerships (e.g., with Haven at Virginia Avenue Park) be leveraged for earlier progress for
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financial empowerment services instead of being delayed until 2030; what is the status of the city’s Aging and Disability Plan; how many non-desk employees are there in the city, and how will communication to them be improved; does the city already have an identity-based abuse policy for the workplace, and will staff be trained on it; how will the city make procurement processes more equitable, and how will this comply with Prop 209; how were the disability identity categories developed, and did the Disabilities Commission provide input; does the city’s inclusion efforts include people with invisible disabilities; how often will there be council progress reports on measurable indicators; can city resources like underutilized library branches be leveraged for public-private partnerships and free community programming (e.g., career training, financial literacy); what is the source and intended use of the $34,000 left over for microgrants; what specific measures are in place to evaluate whether equity is being addressed in city programs; can departments actively reach out to large local employers and banks to form partnerships for funding and programming given budget constraints; how will the city’s actions “meaningfully address financial reparations” for past harms; and are there tangible plans, such as the Ebony Beach Club mediation.
Considerable discussion ensued on topics including, interest in the Community Connectors program and suggesting it should function both ways: not just bringing information from communities to City Hall, but also channeling information out to communities; supporting the idea of a centralized repository of city “how-to” pages and programs to make resources more accessible; concern that the Equity Plan doesn’t go far enough and is lacking in substantive actions on financial reparations; the importance of completing the Ebony Beach Club mediation as a model for future reparative actions; the need for a co-governance and land stewardship model with the Gabrielino-Tongva, including a potential cultural center or ceremonial space as the city plans for redevelopment (e.g., at the airport); agreeing with the suggestion from a member of the public that external thirdparty oversight or an ombudsperson should be identified for major community projects to ensure transparency and accountability; the importance of participatory budgeting and proposed public education tools (such as games or classes) to help residents understand the city’s budgeting process; the importance of going beyond mandated affordable housing to support retrofitting existing homes for better ADA accessibility and climate resiliency (e.g., for heat vulnerability); developing a “Government 101” class for public education, ideally in partnership with the League of Women Voters, local schools, counties, and even the state; urging the city to leverage low-cost and no-cost resources, such as underutilized library space, to facilitate partnerships with organizations that offer career training, financial literacy, etc.; encouraging staff to proactively reach out to local banks, major employers, and other potential partners for contributions, programming, and microgrants, especially during budget constraints; and pointing out the need
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for actionable outcomes—not just planning and discussions—so that resources and partnerships directly and swiftly benefit residents.
Motion by Councilmember Snell, seconded by Councilmember Hall, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick, Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
ORDINANCES:
ECONOMIC RECOVERY
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, was presented.
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.
Questions asked and answered of staff included why is there a concern about pawn shops and there location; is there some a reason or history behind restricting pawn shops in the downtown area; what is the distinction between “fast food” and “fast casual” for restaurants on the Promenade; is it accurate that hotel and motel uses no longer require a Conditional Use Permit (CUP) in the downtown/Third Street Promenade area; is there a specific reason why hotels and motels were included among the uses with fewer permitting requirements; does the current flexibility allow for creative or artistic uses (like nonprofit maker spaces) in the Promenade/downtown area, and if so,
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how is that administratively determined; why is the elimination of the fast food prohibition being recommended permanently, given the desire to attract distinctive, locally owned businesses; has the temporary elimination of the fast food restriction actually resulted in a proliferation of fast food outlets; how does allowing pawn shops to relocate within downtown support the city’s economic development and placemaking goals; how will the city ensure that expanded entertainment and alcohol provisions do not result in incompatible uses in downtown; clarification that the expanded alcohol permit provisions do NOT extend to hotel operations; what type and how much community outreach was done in developing the 2017 Downtown Community Plan; and who was specifically reached during outreach.
Considerable discussion ensued on topics including, but not limited removal of hotels, motels, bed and breakfasts, and liquor stores as permitted uses on the Third Street Promenade unless they have a CUP; opposition to allowing pawn shops to relocate within the downtown; retaining the prohibition on fast food restaurants on the Promenade; the need for clear definitions between fast food and fast casual; the need for flexibility and avoiding overly complicated or arbitrary rules that might limit desirable businesses; previous debates about the fast food prohibition; and fast food/chain businesses using Promenade space for innovative or one-off experiences, which could be beneficial for economic vitality.
Motion by Councilmember Hall, seconded by Councilmember Snell, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof, with amendments including requiring a CUP for hotels, motels, bed and breakfasts, and liquor stores on the Third Street Promenade; not allowing pawn shops to relocate within the downtown area; and removing previously proposed (or existing) prohibition on fast food restaurants on the Promenade. The motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick, Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
OFF-SITE AFFORDABLE
HOUSING PILOT
INCENTIVE PROGRAM
10.B. Introduction and Adoption of Ordinance No. 2824 (CCS) Establishing Off-site Affordable Housing Pilot Incentive Program, was introduced.
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
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was previously analyzed in the 2021-2029 6th Cycle Housing Element Environmental Impact Report (EIR).
2. Introduction and Adoption of Emergency Ordinance No. 2824 (CCS) Amending the Zoning Ordinance to Establish a Pilot Program Allowing for Flexibility and Incentives for Complying with the City’s Affordable Housing Production Program.
Questions asked and answered of staff included why is the grace period so long for option one; is there a way to potentially make it shorter while still keeping the program feasible; is the 48 months an optional 12 month extension for beginning the affordable project or for commencement of obtaining the building permit for the affordable project; is there any requirement for when it would have to be completed; is there a way for us to incentivize a shorter time period between when they begin; is the required percentage under option one 15% affordable or 20% affordable, since it's offsite; are nonprofit affordable housing developers the managing general partner on off-site affordable projects; how is the city dealing with concerns related to inflation for option one, and would the escrow account get paid interest while funds are there; is there a specific type of financial entity required for the escrow account; will affordable homes unlocked by the pilot compete for the same tax credits as other nonprofit affordable housing developers; has the federal government increased the 4% Low-Income Housing Tax Credit (LIHTC) program money recently; does the city have a requirement under option one for when the market rate units need to be completed; what’s the enforcement mechanism for ensuring funds go to the right type of project for rehabilitation under option two and does this support temporary relocation; do rehabilitated units, like those in the Virginia Avenue Apartments, count towards RHNA credit; how was the per-squarefoot in-lieu fee formula determined for option three; are funds deposited into the Housing Trust Fund under this program restricted so they can't be used for anything else; for projects using a density bonus under option three, is the fee calculation applied to the base project or the total (with bonus units); how many of the pending, approved projects are using density bonuses; are any projects subject to this program on sites where existing residents would be displaced; what protections exist for those residents, specifically regarding right of return and existing rents; are residents required to be offered right of return at existing rents for demolished protected units; is it known as to how many projects could potentially displace existing residents; how did staff engage affordable housing developers in designing this pilot; how will this pilot be administered to ensure equity and avoid concentrating off-site affordable units in already impacted areas; what criteria will be applied to prioritize review from an equity standpoint if multiple projects apply at once; how are outcomes tracked to ensure this supports meeting RHNA goals in each category; how is the city appropriately sizing the pilot to meet RHNA obligations and not grossly exceeding it in the market rate category; can the grading permit not being a building permit be clarified;
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how does the per square foot in lieu of fee compare to the $150,000 per unit contribution; is the per square foot rate high enough to fund equivalent affordable housing production, especially with prevailing wage requirements; clarification as to whether the two projects built this last year were of the mixed use, multifamily type that are being encouraged; isn’t part of the reason for the time period in option one the time needed for projects to be fully designed and entitled before seeking tax credit financing; are the city’s affordable housing projects applying for the same 4% tax credits or other pools; is this program designed to change affordability levels in approved projects, or simply to get already approved projects built; if an affordable project consists of off-site density bonus units, can that off-site project take advantage of further density bonuses or incentives/concessions; when funds are put into an interest-bearing escrow account, does that interest track the rate tied to construction cost escalation, or is it just a standard account; is there any mechanism to track/adjust interest with additional deposits, or does a fixed amount aid project feasibility; will entitled affordable units be lost and projects risk losing financing if the pilot doesn’t proceed; and has the city, from experience, seen significant differences in amenities/features between affordable and market rate developments.
Considerable discussion ensued on topics including, but not limited to projects enabled by the pilot program having already been approved and are only delayed due to financial feasibility; approving the program unlocking thousands of new homes and hundreds of affordable homes, with extensive economic and community benefits; past Council decision to reverse approval for the Bergamot Transit Village and the resulting loss of affordable homes and community benefits; the urgency of taking action on the housing crisis; nonprofit and for-profit developers struggling with stalled, entitled projects; support for the project from non-profit developers; the geographic “opportunity” in Santa Monica for affordable housing; arguing that the city’s high resources throughout all census tracts lessen concerns about opportunity segregation; the pilot advancing only already-approved projects, and that there is little downside to approving it; increased housing would result in more property and sales tax revenue and help unblock affordable and marketrate units; concerns about the economic modeling in the proposal; the risk of losing millions in Affordable Housing Trust Fund money if not implemented carefully; limiting eligibility for the pilot to 1,000 market-rate units, adding a sunset/expiration date, and requiring a check-in with more data and public input before proceeding further; wanting more study and feedback from the affordable housing community before broad adoption; seeking a balance between unlocking stalled units and gathering more information before wider implementation; concerns that the package of incentives primarily benefits developers/investors and advances market-rate production more than actual affordability; concern that off-site inclusionary housing would be concentrated in the cheapest-lot areas, risking a new form of redlining; the pilot not safeguarding and improving existing affordable stock, and not
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leveraging city resources for true affordability; and questioning how off-site affordable amenities will be ensured to match those of market rate projects.
Substitute motion by Councilmember Zernitskaya, seconded by Councilmember Zwick, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The substitute motion failed by the following vote:
AYES: Councilmembers Zwick and Zernitskaya
NOES: Councilmembers Hall, Raskin, Snell
Mayor Pro Tem Torosis and Mayor Negrete
ABSENT: None
Motion by Councilmember Raskin, seconded by Mayor Pro Tem Torosis, to approve the staff recommendation to introduce and hold first reading of the ordinance by title only and waiving further reading thereof, with amendments to cap eligibility for the program at 1,000 market rate units; set the expiration date for the pilot to September 30th; and direct staff to return at the second Council meeting in September with additional engagement, more data, and information for review, at which point Council can choose to continue, modify, or end the pilot. The motion was was approved by the following vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick Mayor Pro Tem Torosis
NOES: Mayor Negrete
ABSENT: None
Direction provided to staff to provide regular updates to Council with more outreach and progress checks and that within the 1,000-unit cap, projects with time restrictions will be prioritized with additional impacted projects to be brought back to Council upon review.
STAFF
ADMINISTRATIVE
ITEMS:
PARKING RATE
RESTRUCTURING
STRATEGIES
11.A. Parking Rate Restructuring Strategies, was presented.
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.
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Questions asked and answered of staff included what is the estimated additional revenue that these changes will generate, what would be the bottom line revenue impact; could a validation program for downtown businesses be investigated and what would that look like; how much outreach does the city do about the validation program currently, and could the city increase that outreach to businesses downtown; is the new license plate reader technology in more structures downtown directly related to the validation program; in simplifying and charging for parking, is the city also incentivizing people to bike, walk, and take transit more, and would it be possible to repurpose unused parking garage space for paid bike lockers; could staff return with something creative for bike lockers in the future; is there currently an overnight parking fee and if so, what is it; how does overnight parking work currently, in practice, with the daily max; is there room to increase or create an overnight parking fee and would that help hotel operators and address safety issues; is there flexibility to raise overnight charges; are employee parking passes just for one car, or are they transferable between employees; why is there a $6.00 difference between monthly rates for employees versus residents and should this be adjusted; what would the impact be if the city permitted at least one free hour of parking, and is there room for flexibility on this in the proposed rate structure; how much of the $8 million projected revenue is tied specifically to parking structure maintenance costs; does the city have any data as to how many people actually park overnight and reach the maximum; what about an overnight parking fee; is it known as to how many people park overnight; did staff consult with the business community or do any economic impact modeling for business revenue if the 90-minute free period were eliminated; if the city wanted to keep a shorter free period (e.g., 30 minutes free), how much additional revenue is generated by eliminating the free period entirely compared to 30 minutes, and is there a comparison of the lost/gained revenue; is the city able to maintain monthly rates if the structure for the free period is changed can regular progress updates be made and can staff return in a year and review the effects; if a business wanted to validate parking for customers, is there currently a way to do that; how would an individual business front the cost for a customer’s parking; is street parking in downtown more expensive in comparison to parking structure rates, or is there potential for people to cruise the streets looking for a spot, given the small differences; and are all meters on 2nd and 4th Streets in downtown now 15 minute meters.
Considerable discussion ensued on topics including, but not limited to support for the simplification of the parking rate structure and reduction of the number of different parking rates throughout downtown; the belief that removing the free 90-minute period won’t significantly reduce downtown visitors; lowering longer-term parking rates increasesstays and spending; the
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importance of parking revenue for maintaining the aging infrastructure of downtown parking structures; current infrastructure needing significant work; retail options impacting business downtown rather than parking costs; people coming to downtown destinations for attractions and not primarily due to free parking; the city focusing on creating a destination that draws people; Endorsing businesses being able to provide validated parking to support customer needs; parking rates not deterring visitors if the downtown offers quality experiences and amenities; preference for maintaining at least one hour of free parking in downtown, the word “free” being an effective marketing tool and helpful for short visits; the importance of finding flexibility or balance in the rate proposals to support businesses and visitors; compromise to retain a 30-minute free period instead of moving to zero free parking to preserve short-term visits and access for errands while achieving overall revenue goals; the necessity of economic opportunity; the elimination of free parking potentially impacting business location decisions; tracking and regular progress updates (annual review) to assess if the changes are working as intended; and the importance of continuing outreach to businesses and considering discounted or bulk validations.
Motion by Councilmember Snell, seconded by Councilmember Zwick, to adopt the staff recommendation.
Substitute motion by Mayor Pro Tem Torosis, seconded by Councilmember Hall, to replace the current 90-minute free period with a 30-minute free period; implement the alternate rate structure presented that corresponds with a 30-minute free option, and direct staff to offer discounted or bulk validations for fitness studios, personal services, and small retailers; and for staff to return in a year or after implementation in the event that approval is delayed by the Coastal Commission, to provide an update assessing the impact of the rate changes. The substitute motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
COUNCILMEMBER
DISCUSSION ITEMS:
In accordance with Council Rule 6(y), all Councilmember Discussion items were considered and approved in one motion unless removed by a Councilmember for discussion.
No items were removed and considered separately in accordance with Council Rule 6(y)
BUILDING & FIRE-LIFE
SAFETY COMMISSION
16.A. Appointment to one vacancy on the Building & Fire-Life Safety Commission for a term ending June 30, 2029, was heard.
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On order of the Mayor, the floor was opened for nominations.
Councilmember Hall nominated James Wilson.
Councilmember Raskin nominated Daniel Jansenson.
Councilmembers Zernitskaya, Snell, and Raskin changed their votes to James Wilson, thereby appointing James Wilson by acclamation to the Building and Fire-Life Safety Commission, with all members present.
HOUSING COMMISSION 16.B. Appointment to one vacancy on the Housing Commission for a term ending on June 30, 2027, was heard.
On order of the Mayor, the floor was opened for nominations.
Motion by Councilmember Raskin, seconded by Mayor Pro Tem Torosis, to postpone the appointment to a future date. The motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
DISABILITIES
COMMISSION
16.C. Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on June 30, 2026, was heard.
On order of the Mayor, the floor was opened for nominations.
Councilmember Zwick nominated Teresa Clark.
Teresa Clark was unanimously appointed by acclamation by the following vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
PUBLIC SAFETY
REFORM & OVERSIGHT
COMMISSION
16.D. Appointments to two vacancies on the Public Safety Reform & Oversight Commission for terms ending on June 30, 2029, was heard.
On order of the Mayor, the floor was opened for nominations.
Councilmember Hall nominated Brian Sweeney.
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Councilmember Raskin nominated Isaac Diaz.
Brian Sweeney and Isaac Diaz were unanimously appointed by acclamation by the following vote:
AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
CITY ATTORNEY
RECRUITMENT
PROCESS
16.E. Establish and appoint a temporary ad hoc Council committee for the City Attorney recruitment process, was heard.
On order of the Mayor, the floor was opened for nominations.
Motion by Councilmember Snell, seconded by Councilmember Zernitskaya to nominate Councilmember Raskin, Mayor Pro Tem Torosis and Mayor Negrete.
Substitute motion by Mayor Pro Tem Torosis, seconded by Councilmember Zwick to nominate Councilmembers Raskin and Zwick, and Mayor Pro Tem Torosis. The substitute motion was approved by the following vote:
AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
WAIVING OF FEES
(Councilmember Snell was
excused from the meeting at
2:35 A.M.)
16.F. Request of Mayor Negrete and Councilmember Raskin that, to kick off Hispanic Heritage Month festivities, Council direct the City Manager to waive fees associated with the partial use of the parking lot on the Santa Monica Pier to support the 5th Annual Santa Monica Classic Car Show scheduled for September 13, 2025, presented by the Pico Youth and Family Center. This event will be free and open to the public, was heard.
Motion by Councilmember Raskin, seconded by Mayor Negrete, to approve the item. The motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Raskin, Hall, Zwick
Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: Councilmember Snell
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 2:39 a.m. in
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memory of Wallis Annenberg.
ATTEST: APPROVED:
Nikima S. Newsome Lana Negrete
City Clerk Mayor
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(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 28, 2025
A regular meeting of the Santa Monica City Council was called to order by Mayor Negrete at 5:32 p.m., on Tuesday, October 28, 2025, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Lana Negrete
Mayor Pro Tem Caroline Torosis (arrived at 5:35 P.M.)
Councilmember Jesse Zwick (arrived at 5:36 P.M.)
Councilmember Dan Hall
Councilmember Ellis Raskin
Councilmember Barry Snell
Councilmember Natalya Zernitskaya
Also Present: City Manager Oliver Chi
Interim City Attorney Heidi von Tongeln
City Clerk Nikima S. Newsome
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:32 p.m., with all members present except Councilmember Zwick and Mayor Pro Tem Torosis. Councilmember Raskin led the assemblage in the Pledge of Allegiance.
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.
The City of Santa Monica Statement of Accountability (Land Acknowledgement) was read into the record by Councilmember Raskin.
LEVINE ACT Pursuant to the Levine Act (Govt Code Section 84308), any party to a
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DISCLOSURE 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.
No Councilmembers recused themselves from agenda items pursuant to the Levine Act.
PUBLIC INPUT FOR
GENERAL PUBLIC
COMMENT:
(Mayor Pro Tem Torosis
arrived at 5:35 P.M.)
(Councilmember Zwick
arrived at 5:36 P.M.)
Members of the public Johnathan Foster, Ash Oelsen, Denise Barton, Reynolds, Zina Josephs, Susan Finley, Greg Morena, Mike Montgomery, and Stephen Price commented on various local issues.
PUBLIC INPUT FOR
CONSENT CALENDAR
AND CLOSED SESSION
ONLY:
No members of the public commented on Closed Session items.
Members of the public Nina Fresco, Johnathan Foster, and David Kaplan commented on consent calendar items.
AGENDA
MANAGEMENT
Item 16.E. was removed from the agenda.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.
At the request of Councilmembers Snell and Zwick, Item 4.A. was removed from the Consent Calendar.
Motion by Councilmember Snell, seconded by Mayor Pro Tem Torosis, to approve the Consent Calendar except for Item 4.A., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
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CHILD PROTECTION
PROGRAM SERVICES
4.B. Approval of an Agreement with Praesidium Inc. for Child Protection Program Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute Agreement Nos. 11780 (CCS) with Praesidium Inc. for Child Protection Program services for the Finance Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (b) and is for a total amount not to exceed $510,000, with future year funding contingent on Council budget approval.
OPERATOR AND
VEHICLE SCHEDULING
SOFTWARE
4.C. Approval of Eighth Contract Modification with Trapeze for Operator and Vehicle Scheduling Software for BBB, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effects pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute an eighth modification to Agreement No. 8928 (CCS) in an amount not to exceed $830,895 with Trapeze Software Group for software licenses and maintenance support of the Trapeze operator and vehicle scheduling systems for the Department of Transportation. This will result in a 15-year amended agreement (16 years if the option is exercised) with a new total amount not to exceed $4,749,265 (including the option year), with future year funding contingent on Council budget approval.
ASSET COLLECTION
AND MANAGEMENT
SERVICES
4.D. Approval of First Modification to Agreement No. 11255 (CCS) with MentorAPM, LLC for Asset Collection and Management Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15061 (b)(3) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute a first modification to Agreement No. 11255 (CCS) in the amount of $250,000 with MentorAPM, LLC for asset collection and
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management services for the Public Works Department. This will result in a five-year amended agreement with a new total amount not to exceed $1,013,000, with future year funding contingent on Council budget approval.
5K RACE ROUTE
URGENCY ORDINANCE
4.E. Introduction and Adoption of Urgency Ordinance No. 2834 (CCS) Amending Chapter 4.68 to Establish One Additional 5K Race Route, and Modifying Permitted Race Frequency Parameters, was introduced and adopted.
Recommended Action
Staff recommend that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to CEQA Guidelines Section 15323 (Class 23 Normal Operations of Facilities for Public Gatherings).
2. Introduce and adopt attached urgency Ordinance No. 2834 (CCS) to amend Chapter 4.68 of the Municipal Code to Establish One Additional 5K Race Route, and Modifying Permitted Race
Frequency Parameters.
LEASE AGREEMENT 4.F. Authorization to Enter into Third Amendment to Amended and Restated Lease Agreement with Bank of America for City-Owned Property Located at 1301 Fourth Street, was approved.
Recommended Action
Staff recommends that the City Council authorize:
1. City Manager to negotiate and execute a Third Amendment to the Amended and Restated Lease Agreement with Bank of America for the City-owned property at 1301 Fourth Street. The Third Amendment would extend term from February 1, 2026 through December 31, 2028; and
2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.
LOCAL EMERGENCY
ON HOMELESSNESS
4.G. Resolution No. 11712 (CCS) Ratifying Homelessness Emergency Proclamation, was adopted.
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Adopt the proposed resolution ratifying the 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness.
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EMERGENCY
PROCLAMATION ON
REGIONAL FIRES
4.H. Adoption of Resolution No. 11713 (CCS) Ratifying Regional Fires Emergency Proclamation and Supplements, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Sections 15061(b)(3) (Common Sense Exemption). 15268
(Ministerial Projects), and 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Adopt the proposed resolution ratifying the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the City of Santa Monica and the Supplements to that Order.
WRITTEN COMMENTS 4.I. Minutes of City Council - Special Meeting - Oct 20, 2025 5:30 PM, were approved.
MILLS ACT CONTRACTS 4.A. Resolution Nos. 11709 through 11711 (CCS) Approving Historic Property Preservation Agreements (Mills Act Contracts) with the Owners of the Properties Located at 137 Hart Avenue, 1958 20th Street, and 226 Palisades Avenue, were adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15331 of the California Environmental Quality Act (CEQA) Guidelines.
2. Adopt the attached Resolutions authorizing the City Manager to execute Historic Property Preservation Agreement Nos. 11781 through 11783 (CCS) (Mills Act Contract) between the City of Santa Monica and the owners of City-designated historic resources located at: 137 Hart Avenue, 1958 20th Street, and 226 Palisades Avenue.
3. Receive an update on future proposed changes to Mills Act Contract renewal, monitoring, and cost recovery.
Questions asked and answered of staff included what is the reduction in taxes due to the Mills Act, specifically its effect on funds going to the school district and community; does Santa Monica limit which properties are eligible, cap annual benefits, require a cost-benefit analysis, or have a maximum assessed value/tax loss like other cities; what is the calculation of assessed property values for Mills Act properties; what is the total impact of tax losses; if the city’s portion is small, does the county, school district, and state lose more; what is the public benefit of approving lucrative tax reductions for recently renovated, high-value properties; is unpermitted/nonconsidered in eligibility findings; what is the public benefit of the Mills Act beyond preservation, such as public access or viewing of buildings; how is the public benefit met if designated buildings aren't visible from the street;
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does staff’s recommended action include a commitment to bring back proposed changes to the Mills Act for future council consideration; and can staff be directed to look into different ways of managing the Mills Act for future items and bring back findings for council discussion.
Considerable discussion ensued on topics including, but not limited to the purpose of pulling the item for discussion being to help the public understand the reduction in taxes from the Mills Act, including its effect on revenue for the school district and community; concerns that there’s no formal assessment of public cost vs. public benefit for Mills Act contracts, and that the program might grant large tax breaks to wealthy property owners for preservation efforts that may already have happened; suggesting the city pause new contracts until a cost-benefit analysis and prioritization procedures, like in other cities, are considered, to ensure tax benefits are justified; skepticism that such tax breaks for already-refurbished, high-value properties provide sufficient public benefit and if raising property values aligns with city goals; concerns about including ordinary property maintenance (e.g., tree trimming) as part of the "public benefit" in these tax agreements; the public benefit of the Mills Act typically refers to architectural and historic preservation of properties, though many are not accessible or visible to the general public, making the benefit more intangible; inclusion in the Mills Act program being a long-standing city policy and is the primary financial incentive for historic preservation; the Mills Act being a unique program whose benefits to the community are both quantifiable and intangible, such as higher property values from wellpreserved neighborhoods; and staff returning to Council to present comparative research on how other jurisdictions manage and monitor Mills Act contracts for greater transparency and equity.
Motion by Councilmember Raskin, seconded by Mayor Negrete, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya, Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
CLOSED SESSIONS
(Councilmember Hall was
excused at 7:45 P.M.)
Councilmember Hall stated that while he is awaiting guidance from the FPPC, out of an abundance of caution, he was recusing himself from Item
5.E. due to a potential conflict of interest.
On order of the Mayor, the City Council recessed at 6:25 p.m., to consider Closed Sessions and returned at 8:20 p.m., with all members present, to report the following:
5.A. Conference with legal counsel - existing litigation - Gov. Code §
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54956.9(d)(1): Alejandra Garcia v. City; LASC # 21STCV07940 The City Attorney advised this matter was heard with no reportable action taken.
5.B. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1)
John U.N.B. Doe, et al. v. City, et al.; LASC # 23STCV12746; John Doe 1, et al. v. City, et al.; LASC # 23STCV15009; Hector Orozco v. John Doe: Does 1-2; LASC # 23SMCV03120; John JPC Doe v. Doe City, et al.; LASC # 23STCV22020; John AD Doe, et al. v. City, et al.; LASC # 23STCV26548; John CW Doe, et al. v. City, et al.; LASC # 23STCV29623; John Doe (A.G.) v. Santa Monica Police Activities League, et al; LASC # 23SMCV06066; John GA DOE, et al. v. City, et al.; LASC # 24STCV06484; John U.L.W. Doe, et al. v. City, et al.; LASC # 24STCV06768; Joseph Garcia v. Santa Monica Police Activities League, et al.; LASC # 24SMCV01368; John Doe 15, et al. v. City, et al.; LASC # 24STCV07647; John Doe 18, et al. v. City, et al.; LASC # 24STCV0239; John RR Doe, et al. v. City, et al.; LASC # 24STCV09398; John Doe 33, et al. v. City, et al.; LASC # 24STCV15580; John Doe 48 v.
City, et al.; LASC # 24STCV15420; John Doe 49 v. City, et al.; LASC # 24STCV19296; John DD Doe v. City, et al.; LASC # 24SMCV04421; Jane EB Doe, et al. v. City, et al.; LASC # 24STCV24146; John Doe (V.D.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV05049; John Doe (D.F.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV05050; John Doe (D.G.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV05051; Jane Doe 13, et al. v. City, et al.; LASC # 24STCV27233; John AM Doe, et al. v. City, et al.; LASC # 24STCV28433; John Doe v. City, et al.; LASC # 24SMCV05527; John Doe 53 v. City, et al.; LASC # 24STCV31763; John Doe (Y.M.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV06355; Jane Doe 16, et al. v. a Public Entity, et al.; LASC # 25STCV02235; John Doe 62, et al. v. City, et al.; LASC # 25STCV04414; John Doe 23 v. City, et al.; LASC # 25STCV05850; John Doe (E.B.) v.
Santa Monica Police Activities League, et al.; LASC # 25STCV06354; Jane PB Doe, et al. v. City, et al.; LASC # 25STCV06880; John Doe 67 v. City, et al.; LASC # 25STCV10142; John Doe 68 v. City, et al.; LASC # 25STCV12089; John Doe 69, et al. v. City, et al.; LASC # 25STCV14031; John OR Doe, et al. v. City, et al.; LASC # 25STCV16251; John RD Doe, et al. v. City, et al.; LASC # 25STCV24158 The City Attorney advised this matter was heard with no reportable action taken.
5.C. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): City v. ICSOP, et al.; OCSC # 30-2022-01261243
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The City Attorney advised this matter was heard with no reportable action taken.
5.D. Conference with legal counsel - potential initiation of litigation - Gov. Code § 54956.9(d)(4): 1 case
The City Attorney advised this matter was heard with no reportable action taken.
5.E. Conference with real estate negotiator - Gov. Code § 54956.8; property: 1640 14th Street, Santa Monica, California; City negotiator:
Oliver Chi, City Manager; persons to be negotiated with: Nick Bode, Redcar Properties/1640 14th OWNER LLC; under negotiation: price and terms of payment
The City Attorney advised this matter was heard with no reportable action taken.
CITY MANAGER
REPORT
The City Manager Report was presented.
REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Members of the public Mati Fuchs-Lynch, Judith Serlin, Denise Barton, Patricia Keeney Maischoss, Kevin Keegan, Brad Ewing, Judy Krueger, Hunter Hall, Judith Meister, John Prindle, Joe Dirosa, Heather Thomason, Greg Morena, and Jonah Breslau commented on Item 11.A.
Members of the public Cody Green, Denise Barton, Susan Finley, Rima Simon, Lisa Song, Heather Thomason, Greg Morena, Mike Montgomery, and Stephen Price commented on Item 16. F.
STAFF
ADMINISTRATIVE
ITEMS:
SANTA MONICA
REALIGNMENT PLAN
11.A. Santa Monica Realignment Plan, was presented.
Councilmember Hall stated that he would be recusing himself from voting on staff recommendation items 2 and 12-15, due to a potential conflict of interest related to the proximity of his residence to sites discussed in those items, pending further guidance from the FPPC.
Councilmember Zwick stated that out of an abundance of caution, he would be recusing himself from voting on staff recommendation items 12-15, due to a potential conflict of interest related to his new employment with a nonprofit housing organization and to avoid any potential conflict of interest.
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Recommended Actions
Staff recommends that the City Council adopt the Santa Monica Realignment plan as the City’s guiding framework for public safety renewal, revitalization of key public spaces, and achievement of organizational stability and fiscal balance by July 1, 2027 via the following direction:
1. Approve all budget adjustments and personnel authorizations required to implement the Realignment plan (Attachments A, B, & C);
2. Adopt Parking Fee Update Resolution No. 11715 (CCS) (Attachment D);
3. Adopt Credit Card Convenience Fee Resolution No. 11716 (CCS) (Attachment E);
4. Adopt Resolution No. 11717 & 11718 (CCS) authorizing non-sworn employee benefit enhancements, a Citywide winter closure, and a wellness benefit for equity alignment (Attachment F & G);
5. Introduce for first reading an ordinance amending Chapter 13.04, Vacant Properties, of Article 13, Neighborhood Preservation, of the City of Santa Monica Municipal Code to require the registration of vacant properties (Attachment H);
6. Authorize staff to assess options for expanding the SaMo Bridge facility and development of a vehicle habitation ordinance;
7. Introduce for first reading an ordinance amending Santa Monica Municipal Code Chapter 4.25 regarding the registration of rental housing units not subject to local rent control (Attachment I);
8. Introduce for first reading an interim zoning ordinance amending Santa Monica Municipal Code Section 9.31.200, Outdoor Dining and Seating on Sidewalks, to promote economic recovery by simplifying the City’s outdoor dining program (Attachment J);
9. Adopt Outdoor Dining Fee Program Resolution No. 11719 (CCS) to institute an updated fee reduction program for parklets and sidewalk dining (Attachment K);
10. Authorize staff to assess possible expansion of the Entertainment Zone program for the Downtown, the Pier, and business
improvement districts;
11. Authorize staff to assess the Pier-to-Pier ferry, beach gondola, and regional fire dispatch concepts;
12. Authorize staff to explore opportunities to update development standards, land uses, and processes for City-owned sites in the Downtown Community Plan area and public and private sites within the former Gateway Master Plan area to provide more flexibility to unlock land value and redevelopment potential;
13. Adopt Resolution No. 11720 (CCS) of Intention directing the Planning Commission to initiate an amendment to the text of the Downtown Community Plan to allow flexibility in development standards, land uses, and processes for the city to manage its real estate assets and provide flexibility in development standards, land
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uses, and processes for public and private parcels within the former Gateway Master Plan area (Attachment L);
14. Adopt Resolution No. 11721 (CCS) of Intention directing the Planning Commission to initiate an amendment to the text of the Zoning Ordinance to provide flexibility in development standards, land uses, processes, and permit expiration timeframes for projects in the Downtown (Attachment M);
15. Authorize staff to focus City housing development efforts in the Downtown core, and concurrently direct that staff initiate studies to identify policy options that do not jeopardize Housing Element certification and also ensures that future development on boulevards achieves compatibility with existing residential neighborhoods;
16. Authorize staff to pause Transportation Demand Management (TDM) survey requirements for businesses;
17. Authorize staff to extend the Master Facilities Agreement (Measure YY / GS) with the Santa Monica Malibu Unified School District (SMMUSD) beyond its current 2028 expiration date;
18. Authorize staff to continue assessing a possible 2026 parcel-tax ballot measure to sustain City-SMMUSD funding through the Joint Use Agreement; and
19. 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.
Questions asked and answered of staff included is there a timeline for preparing a vehicle habitation ordinance; whether a safe parking site is needed to enforce the ordinance; whether a software solution has been identified for the rental registry; is there a possibility of waiving rental registry fees for affordable housing providers; who will decide how the $500,000 for BIDs is deployed; how Vision Zero quick build/capital funds will be allocated; how will the plan’s success be measured and tracked; can a public-facing dashboard be created to communicate progress; what are the specifics on the levels/days of library branch reopening; the potential for community utility box painting programs; how are alcoholic beverages permitted and regulated in entertainment zones; what is the difference between “suspending” and “making optional” in the Transportation Demand Management Survey; how is restorative justice/diversion used in the city’s criminal unit; would some of the other proposed actions in this plan reduce misdemeanor caseloads; would increased officer deployment deter crime downtown; how will the mandatory city holiday closure impact workers required to work; will those workers be able to take other time off later; what is a “healing center” for homelessness means in practice; what are the specifics regarding the gondola as it relates to site, orientation, and heights of the proposed gondola system; what are the tangible traffic, parking, and misdemeanor enforcement results from new deployments; what is the status, polling, and timeline of a potential 2026 parcel tax to support schools; what
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is the projected revenue and implementation timeline for the digital sign ordinance; how will the business improvement district (BID) processes be made more accessible for smaller businesses and new merchant groups; is there support for Ocean Park and Sunset Park merchants in developing a BID; can AI chat features be used to enhance the 311 complaint system for follow-up and accountability; can a public-facing dashboard for 311 calls be created; are city police dispatch/EMS functions included in the realignment plan; can local data-driven programs replace or supplement state CARE Court efforts; can the vacant property registration be used for nuisance abatement; why is this plan now being advanced, and what has changed to make these actions possible now; are the current efforts and plans genuinely new, or have these been ongoing priorities now better aligned; and is community engagement being sufficiently addressed in the planning and implementation of housing/service projects.
Considerable discussion ensued on topics including, but not limited to praise for the plan as bold, timely, and much needed for economic recovery, public safety, and community revitalization; gratitude to the city manager, staff, and executive team for developing a comprehensive roadmap out of the city’s recent challenges; the importance of regular progress tracking, public-facing dashboards, and setting clear metrics for success; calls to ensure that the public and Council can see tangible results—such as reduced crime, improved cleanliness, and vibrant economic activity—as the plan is implemented; urging outreach and engagement processes be robust, with repeated emphasis on transparency when making policy choices, particularly those impacting neighborhoods, development, and city-owned land; assurance that benefits of revitalization (such as BIDs, business support, cultural investments, and infrastructure improvements) are distributed equitably across the city, not just the downtown core; excitement for the plan but also caution, recognizing the city’s fiscal challenges; urging staff not to overpromise or underdeliver, and to rigorously assess what programs and pilots (e.g., gondola, ferry, music festival, sidewalk dining, library reopenings) actually work and scale them accordingly; commented positively on the new organizational values (“humility, integrity, motivation, care”) and the investment in workforce morale, retention, and wellness; the needs of the city’s most vulnerable, especially with regard to housing, homelessness, public safety, behavioral health services, and protections for both residents and service recipients in new facility placement.
Motion by Mayor Pro Tem Torosis, seconded by Councilmember Hall, to adopt staff recommendation items 1, 3-11, 16-19, removing the gondola. The motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
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(Councilmember Hall was
excused at 11:22 P.M.)
(Councilmember Zwick was
excused at 11:23 P.M.)
ABSENT: None
Motion by Mayor Pro Tem Torosis, seconded by Councilmember Raskin, to adopt staff recommendation item 2. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Raskin, Snell, Zernitskaya
Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: Councilmember Hall
Motion by Councilmember Raskin, seconded by Councilmember Zernitskaya, to adopt staff recommendation items 12-15. The motion was approved by the following vote:
AYES: Councilmembers Raskin, Snell, Zernitskaya
Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: Councilmembers Zwick and Hall
COUNCILMEMBER
DISCUSSION ITEMS:
(Councilmembers Hall and
Zwick returned at 11:25
P.M.)
In accordance with Council Rule 6(y), all Councilmember Discussion items were considered and approved in one motion unless removed by a Councilmember for discussion.
Items 16.C., 16.D., and 16.F. were removed and considered separately in accordance with Council Rule 6(y)
RECREATION AND
PARKS COMMISSION
16.A. Recommendation to accept Ann Bowman’s resignation from the Recreation and Parks Commission and authorize the City Clerk to publish the vacancy, was accepted with regret.
Motion by Councilmember Raskin, seconded by Mayor Pro Tem Torosis, to accept the resignation with regret.
The motion was approved by a unanimous voice vote, with all members present, and with direction added to only notice the resignation if a quorum is needed for the body to operate.
HOUSING COMMISSION 16.B. Recommendation to accept Deborah Lynch's resignation from the Housing Commission and authorize the City Clerk to publish the vacancy, was accepted with regret.
Motion by Councilmember Raskin, seconded by Mayor Pro Tem Torosis, to accept the resignation with regret.
The motion was approved by a unanimous voice vote, with all members
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present, and with direction added to only notice the resignation if a quorum is needed for the body to operate.
ARTS COMMISSION 16.C. Appointments to two vacancies on the Arts Commission for terms ending on June 30, 2026 and June 30, 2029, were heard.
Motion by Councilmember Hall, seconded by Councilmember Snell, to table all appointments until the Clerk returns to Council with the boards and commissions comprehensive review in January, unless an appointment to a body is needed to fulfill a quorum. The motion was approved by a unanimous voice vote, with all members present.
HOUSING COMMISSION 16.D. Appointments to two vacancies on the Housing Commission for terms ending on June 30, 2027 and June 30, 2028, were heard.
Motion by Councilmember Hall, seconded by Councilmember Snell, to table all appointments until the Clerk returns to Council with the boards and commissions comprehensive review in January, unless an appointment to a body is needed to fulfill a quorum. The motion was approved by a unanimous voice vote, with all members present.
L.A. COUNTY WEST
VECTOR CONTROL
DISTRICT
16.E. Appointment to one vacancy on the L.A. County West Vector Control District for a term ending on June 30, 2029, was removed from the agenda.
L.A. COUNTY AND
NONPROFIT OPERATED
HOUSING PROJECTS
16.F. Request of Mayor Negrete that the City Council consider directing the City Manager to provide Community Engagement, Zoning Clarity, and Accountability for LA County and Nonprofit Operated Housing Projects, was heard.
Considerable discussion ensued on topics including, but not limited to support for transparency and community engagement for new housing/service projects; state housing law (the Housing Accountability Act), prohibiting the city from imposing more restrictive permitting or public process requirements on supportive/transitional housing than what is required for equivalent multifamily housing; warning that suggestions to vet sites for “suitability” or neighborhood fit could be illegal or risk violating state fair housing requirements; encouraging, but not mandating, outreach, so as to remain in compliance with AB 686 and avoid "builders remedy" risks; the importance of framing city actions and motions in a way that clearly states compliance with state law to avoid legal repercussions; praise for Santa Monica’s leadership in providing housing/support services for people experiencing homelessness and calling for continuation of these efforts; urging caution to ensure increased engagement does not add to the stigma or discrimination faced by those using these facilities, and that outreach be collaborative, not exclusionary; support for balancing
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transparency and accountability with the need to avoid jeopardizing citystate or intergovernmental relations; the importance of keeping confidential or privileged information (about client identity or sensitive sites) protected, asking the City Attorney to retain discretion over what aspects can be legally disclosed to protect individual and municipal interests; support for transparency and trust-building with the community, staff, service providers, and the populations being served; proposing amendments to put guardrails on the new directions, ensuring that nothing adopted would expose the city to legal risk or bring it out of compliance with state law; suggesting public communication should include education about why some housing sites must stay confidential, particularly when serving survivors or other vulnerable groups; requesting that legal retrospectives related to projects could remain confidential or privileged to protect the city from litigation risk; the importance of a comprehensive, citywide approach, and ensuring that all neighborhoods are engaged and that public engagement is meaningful; the need for results, not just frameworks and policies; and holding the city accountable if the directives do not lead to real positive changes.
Councilmember Hall introduced amendments into the record.
Motion by Councilmember Raskin, seconded by Councilmember Zwick, to approve the amendments as introduced by Councilmember Hall. The motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:16 a.m. in memory of June Lockhart, Brad Lipshy and Maura Cohen.
ATTEST: APPROVED:
Nikima S. Newsome Lana Negrete
City Clerk Mayor
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(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 14, 2025
A regular meeting of the Santa Monica City Council was called to order by Mayor Negrete at 5:43 p.m., on Tuesday, October 14, 2025, at City Council Chambers, 1685 Main Street, Santa Monica, CA, a teleconference site at Four Points Sheraton San Rafael Hotel, 1010 Northgate Drive, San Rafael, CA 94903, and a second teleconference site at the Four Seasons Seattle Hotel, 99 Union Street, Seattle, Washington 98101, where two Councilmembers will be present and participating via teleconference.
Roll Call: Present: Mayor Lana Negrete
Mayor Pro Tem Caroline Torosis
Councilmember Jesse Zwick (arrived at 5:58 p.m.)
Councilmember Dan Hall (joined remotely)
Councilmember Ellis Raskin (joined remotely)
Councilmember Barry Snell
Councilmember Natalya Zernitskaya
Also Present: City Manager Oliver Chi
Interim City Attorney Heidi von Tongeln
Assistant City Clerk Maria Dacanay-Wisner
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:43 p.m., with all members present except Councilmember Zwick. Councilmember Zernitskaya led the assemblage in the Pledge of Allegiance.
STATEMENT OF
ACCOUNTABILITY
(LAND
ACKNOWLEDGEMENT)
The City of Santa Monica Statement of Accountability (Land Acknowledgement) was read into the record by Councilmember Natalya Zernitskaya.
LEVINE ACT
DISCLOSURE
No Councilmembers recused themselves from agenda items pursuant to the Levine Act.
AGENDA
MANAGEMENT
The City Manager presented an emergency Closed Session Item for the agenda regarding the pause on supportive housing projects at 413 and 825 Ocean Avenue due to potential exposure to litigation.
Motion by Councilmember Hall, seconded by Councilmember Zernitskaya to approve the recommendation. The motion was approved by the following roll call vote:
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AYES: Councilmembers Hall, Raskin, Snell, Zernitskaya, Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: Councilmember Zwick
Due to this addition, the City Attorney announced that public members may sign up to speak on the new item.
PUBLIC INPUT FOR
GENERAL PUBLIC
COMMENT AND
SPECIAL AGENDA
ITEMS:
(Councilmember Zwick
arrived at 5:58 p.m.)
Members of the public Greg Morena, Margarita Casto, Mike Feinstein, Ashley Oelsen, Ken Parr, Sean Ahaus, Walt Davis, Susan Finley and Johnathan Foster commented on various local issues.
SPECIAL AGENDA
ITEMS
2.A. Proclamation: United Against Hate Week, was presented.
2.B. Proclamation: Breast Cancer Awareness Month, was presented.
2.C. Proclamation: Code Enforcement Week, was presented.
PUBLIC INPUT FOR
CONSENT CALENDAR
AND CLOSED SESSION:
Member of the public Zach Gaidzik commented on the emergency Closed Session item.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.
At the request of staff, Item 4.D. was pulled from the Consent Calendar.
Motion by Councilmember Snell, seconded by Mayor Pro Tem Torosis, to approve the Consent Calendar except for Item 4.D., reading resolutions by title only and waiving further reading thereof. The motion was approved unanimously by the following roll call vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zick, Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
MINUTES 4.A. Approval of Minutes of City Council - Regular Meeting - Jul 29, 2025 5:30 PM, were approved.
MINUTES 4.B. Approval of Minutes of City Council - Regular Meeting - Sep 30, 2025 5:30 PM, were approved.
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MINUTES 4.C. Approval of Minutes of City Council - Special Meeting - Sep 30, 2025 5:35 PM, were approved.
RIVIERA RESERVOIR
SEISMIC RETROFIT
PROJECT
4.D. Adoption of a Resolution Authorizing the Application for Grant Funds from the Federal Emergency Management Agency’s Hazard Mitigation Grant Program for the Riviera Reservoir Seismic Retrofit Project, was pulled and not voted on.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Adopt the attached resolution authorizing the application for grant funds in the amount of approximately $8,209,000 from the Federal Emergency Management Agency for the Riviera Reservoir Seismic Retrofit Project in the Public Works Department – Water Resources Division; and
3. Authorize the City Manager to execute all necessary documents to apply for the grant, accept the grant, if awarded, and accept all grant renewals, if awarded.
SB 1205 ANNUAL FIRE
INSPECTION REPORT
4.E. Adoption of Resolution No. 11704 (CCS) on the SB 1205 Annual Fire Inspection Report, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the report is not a “project” subject to the California Environmental Quality Act (CEQA); and
2. Adopt Resolution No. 11704 (CCS) acknowledging receipt of a report on the status of state-mandated annual fire inspections in the City of Santa Monica pursuant to California Health and Safety Code Section 13146.4.
BUS STOP REAL-TIME
SIGNS
4.F. Award RFP #436 and Contract 11776 (CCS) for Bus Stop RealTime Signs to Papercast North America, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt findings of categorical exemptions pursuant to Section 15301, Section 15302, Section 15303, and Section 15311 of the California Environmental Quality Act (CEQA) Guidelines
2. Award RFP# 436 to Papercast North America, a Florida-based company, for the manufacture and installation of bus stop real-time information digital signs and lighting units
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3. Authorize the City Manager to negotiate and execute an agreement with Papercast North America, in an amount not to exceed $1,333,550 (including a $66,677 contingency) for five (5) years for a total amount not to exceed $1,400,227 over a five-year period, with future year funding contingent on Council budget approval.
4. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report.
MEDICAL SUPPLIES 4.G. Approval of Change Orders with Life-Assist, Inc. and Henry Schein to Increase Total Amounts for Purchase Orders for Medical Supplies for the Fire Department, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Authorize the Procurement Manager to issue a change order to purchase order #22600660 in the amount of $35,000 with Life-Assist, Inc. for medical supplies and equipment for the Fire Department.
This would result in a revised purchase order total not to exceed $117,000, with future year funding contingent on Council budget approval; and
3. Authorize the Procurement Manager to issue a change order to purchase order #22600661 in the amount of $45,000 with Henry Schein for medical supplies and equipment for the Fire Department.
This would result in a revised purchase order total not to exceed $135,000, with future year funding contingent on Council budget approval.
AFFORDABLE HOUSING
PRODUCTION
PROGRAM
4.H. Adoption of Affordable Housing Production Program Fee Resolution No. 11705 and 11706 (CCS), was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached Resolution increasing the Affordable Housing Unit Base Fee by 2.7 percent for new market-rate apartments and condominiums (Attachment A).
2. Adopt the attached Resolution increasing the Affordable Housing Unit Development Cost by 2.7 percent (Attachment B).
3. 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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MARKETING AND
COMMUNICATIONS
SERVICES
4.I. Award RFP #447 and Contract 11777 (CCS) to Leone Solutions Group for Marketing and Communications Services for the Department of Transportation, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant environmental effects pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Award RFP# 447 to Leone Solutions Group, a Los Angeles-based firm, to provide as-needed graphic design, marketing, and communications services for the Department of Transportation, and;
3. Authorize the City Manager to negotiate and execute a two-year agreement with Leone Solutions Group, with up to three one-year renewal options at the City’s sole discretion, for a total amount not to exceed $416,665 over five years, with future year funding contingent on Council budget approval.
SERVICES FOR
EMPLOYEE AND
RETIREE BENEFITS
4.J. Approval of Professional Services Agreement 11778 (CCS) with P&A Administrative Services, Inc. for Administration Services to Support City Employee and Retiree Benefit Plans, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no significant effect pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines;
2. Award RFP to P&A Administrative Services, Inc. for the administration of the City’s Flexible Spending Account, Dependent Care Account, Section 125 Cafeteria Plan, COBRA, and Retiree Billing for the Human Resources Department;
3. Authorize the City Manager to negotiate and execute a professional services agreement with P&A Administrative Services, Inc. in the amount not to exceed $230,000 (including a 15% contingency) for a total amount of $230,000 over a five-year period, with two one-year renewal options with future year funding contingent on Council budget approval.
2026 COUNCIL MEETING
DATES
4.K. Adoption of Resolution No. 11707 (CCS) Establishing the 2026 Council Meeting Dates, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution establishing the 2026 Council regular meeting calendar; and
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2. Adopt a finding that the resolution is not a project subject to the California Environmental Quality Act (CEQA) Guidelines.
ELECTRONIC AGENDA
MANAGEMENT
SERVICES
4.L. Approval of Ninth Contract Modification with
Carahsoft/Granicus for Electronic Agenda Management Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute a ninth modification to Agreement 9784 (CCS) in the amount of $41,740 with Carahsoft/Granicus for an agenda management software system for the Records and Election Services Department. This will result in a 14-year amended agreement with a new total amount not to exceed $324,290 budget approval.
DOG OWNER
RESPONSIBILITIES
4.M. Second Reading and Adoption of Ordinance No. 2830 (CCS) Amending Santa Monica Municipal Code Section 4.04.155 and Adding Section 4.04.405 to Provide Private Remedies When a Dog Maintained in Violation of the Leash Law Bites Another Animal or Person, and to Require Dog Owners to Share Information After Dog Bites Causing Injury to Persons or Animals, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance. 2025 BUILDING
STANDARDS CODES
4.N. Second Reading and Adoption of Ordinance No. 2831 (CCS) to Adopt the 2025 California Building, Residential, Electrical, Energy, Mechanical, Plumbing, Fire, Green Building, Wildland-Urban Interface, Historical, and Existing Building Standards Codes and Local Amendments to the 2025 California Building Standards Code, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
DISTRICTING MAP 4.O. Second Reading and Adoption of Ordinance No. 2832 (CCS) Amending the Official Districting Map for the Parcel Located at 1331 Wilshire Boulevard, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
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CLOSED SESSIONS On order of the Mayor, the City Council recessed at 6:41 p.m., to consider Closed Sessions and returned at 8:45 p.m., with all members present, to report the following:
5.A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Judith Delgado v. City; LASC # 24STCV08614 The City Attorney advised this matter was heard with no reportable action taken.
5.B. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Alejandra Garcia v. City; LASC # 21STCV0794 The City Attorney advised this matter was not heard.
5.C. Emergency Closed Session Item regarding significant exposure to litigation (1 case)
The City Attorney advised this matter was heard with no reportable action taken.
AGENDA
MANAGEMENT
Motion by Mayor Negrete, seconded by Councilmember Hall to: pull item
16.B. from the agenda and bring the item back to a future meeting, with a refined scope based on new information received, and to hear public comment on 16-items first. The motion was approved unanimously by the following roll call vote:
AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya, Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
Motion by Mayor Negrete, seconded by Councilmember Snell to suspend the Council rules to reducing speaking time to one minute per speaker, for the more than 25 speakers registered under item 6, and to give all speakers two minutes each. The motion failed by the following roll call vote:
AYES: Councilmembers Zernitskaya, Snell, Mayor Negrete
NOES: Councilmembers Raskin, Hall, Zwick, Mayor Pro Tem Torosis ABSENT: None
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Members of the public Warren Brand, Vicky Goodman, Celia Ruskin, Denise Barton, Ken Parr, Greg Morena, Ashley Oelsen, Melissa Weiss, and Kelly Smith commented on item 16.B.
Members of the public Kara Taub, Andrew Hoyer, Wayne Selzer, Hunter
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Hall and Denise Barton commented on item 11.A.
Members of the public Denise Barton commented on item 11.B.
Members of the public Mati Fuchs-Lynch, Andrew Hoyer, Jeanne Laurie, Carol Lemlien, Diana Gordon, Susan Lewis, Lori Nafshun, Bea Nemlaha, Marc Verville, Ruthann Lehrer, Mario Fonda-Bonardi, Brad Ewing, Charles Andrews, Diane Andrews, Nina Fresco, Morgan Jaybush, Ann Bowman (on behalf of the Recreation and Parks Commission), Jaleh Mirhashemi, Sam Shapiro Kline, Zina Josephs, and Nikki Kolhoff commented on item 11.C.
Members of the public Teri Davis Bernstein, Zina Josephs, and Nikki Kolhoff commented on item 11.D.
Point of order by Councilmember Hall that the Council rule to reduce time for over 25 speakers is “per speaker” and not per item, as some people commenting on more than one item were given one minute per item.
Motion by Mayor Negrete, seconded by Councilmember Zernitskaya to waive the Council rules to give speakers one minute per item. The motion was approved unanimously by the following roll call vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick, Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
Public comment continued and member of the public Jan Williamson commented on item 11.A.
Members of the public Dan Kolhoff, Heather Thomason, Ericka Lesley, Paula Cizek, and John Cyrus Smith commented on item 11.C.
Members of the public Dan Kolhoff, Mindi Shank, and Heather Thomason commented on item 11.D.
Motion by Mayor Pro Tem Torosis, seconded by Councilmember Hall to give Beth Collins, of Azoff Company and representing Revitalization Partners Group, 10 minutes. The motion was approved unanimously by the following roll call vote:
AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya, Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
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CITY MANAGER
REPORT
The City Manager Report was presented.
REPORT ON COUNCIL
TRAVEL
Councilmember Zernitskaya reported on behalf of herself and Councilmember Snell and Mayor about attending the 2025 League of California Cities Annual Conference and Expo in Long Beach, California between October 8-10, 2025.
STAFF
ADMINISTRATIVE
ITEMS:
SIGNATURE EVENTS
11.A. Adoption of Resolution No. 11708 (CCS) Establishing a Santa Monica Signature Events Category, Designating Santa Monica Signature Events, and Authorizing the Waiver of City Event Fees for Designated Signature Events, was presented.
Recommended Action
Staff recommends that the City Council
1. Adopt a finding of no possibility of significant effects pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines;
2. Adopt the attached Resolution Establishing a Santa Monica Signature Events Category, Designating Santa Monica Signature Events, and Authorizing the Waiver of City Event Fees for Designated Signature Events.
Questions asked and answered of staff included but were not limited to:
working with City Departments such as the Economic Development Division and partner organizations such as Downtown Santa Monica on ensuring events activate and revitalize the economy; clarifying the requirement of events having an annual presence of three years; if alcohol is allowed at events; waived fees for City-sponsored events; efforts to streamline City processes for applicants; reviewing the street closure application process to be affordable and facilitate more events; and reinstating past events that were cancelled post-COVID.
Council commented on topics including but were not limited to: reporting back within a year and after the Recreation and Parks Commission’s review, with key performance indicators showing the effectiveness of the program; a modernized permitting system; and reinstating Santa Monica City College’s July 4
th Event.
Motion by Councilmember Hall, seconded by Mayor Negrete, to adopt the staff recommendations. The motion was approved unanimously by the following roll call vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick, Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
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ABSENT: None
COUNCIL
DISCRETIONARY FUND
POLICY REVIEW
11.B. Review and Approval of Council Discretionary Funding Policy, was presented.
Recommended Action
Staff recommends that the City Council:
1. Consider reforms to the allocation and distribution of its discretionary funds;
2. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report.
Questions asked and answered of staff included but were not limited to: how and when Council can add new holidays or events to fund; how other municipalities structure Council discretionary grant programs; developing a minimum criteria or standardized application for grants; if the City Manager’s Department budget capped or if there is flexibility to include other organizations such as the SaMoHi Music Association and SaMoHi Sports Parents Association; and the purpose of allocating $20K for per Councilmember.
Motion by Mayor Pro Tem Torosis, seconded by Councilmember Raskin, to adopt the staff recommendations with direction to implement an application for and reporting process on the legitimacy and impact of the use of discretionary funds. The motion was approved unanimously by the following roll call vote:
AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
CIVIC CENTER
AUDITORIUM
11.C. Approval of First Modification to Exclusive Negotiation Agreement (ENA) with Revitalization Partners Group (RPG), LLC for the Civic Center Auditorium Renovation, Programming and Operation, was presented.
Recommended Action
Staff recommends that the City Council:
1. Provide direction regarding the Revitalization Partners Group request to extend term for the Civic ENA.
2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) and a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines.
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Questions asked and answered of staff included but were not limited to: how staff approached their analysis and if land cost were included; if revenue analysis was based from the ground lease or exclusive site control with a $1/year ground lease; when did RPG had access to the Civic property and material information to begin determining the feasibility of revitalization; if RPG clarified what the $1M in manhour on feasibility studies were spent on, per their letter submitted for the public record; if RPG provided data to refute the City’s analysis; if RPG planned to apply for historic tax credits; if staff met with the other financial backers of the project; if the City can continue talks with RPG if the ENA is not extended; the current land value with and without the Civic Auditorium; and past renovation efforts since the Civic’s closure in 2013.
Council commented on topics including but were not limited to: the desire to bring back a concert venue in the City; concerns over the lack of a feasible plan and time wasted after missed deadlines, previously granted extensions, and re-confirming expectations; restoring community space vs. filling the City’s budget gap; preserving the historic resources of the site while considering the economic needs of the City; the possibility of granting a three-month extension and what a decades-long partnership with RPG could be like, based on recent experience; how entering into a competitive process would allow the City to see all as many viable options as possible; concerns about how the RAND property sale and downtown re-activation will be affected; and the need for a contingency plan despite what option is approved.
Motion by Councilmember Snell, seconded by Mayor Negrete to extended the ENA by three months.
Substitute motion by Mayor Pro Tem Torosis, seconded by Councilmember Hall, to decline to extend the term for the Civic Exclusive Negotiation Agreement with direction to explore alternative options for the Civic site and assessing the highest and best use of the site while considering current constraints and without constraints. The substitute motion was approved by the following roll call vote:
AYES: Councilmembers Zernitskaya, Hall, Zwick, Mayor Pro Tem Torosis
NOES: Councilmembers Snell, Raskin, Mayor Negrete
ABSENT: None
11.D. Acceptance of Agreement 11779 (CCS) Imposing Restrictions on Real Property for the Parcel Located at 2644 30th Street and Second Reading and Adoption of Ordinance No. 2833 (CCS) Amending the Official Districting Map for a Portion of the Parcel Located at 2644 30th Street, was presented.
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Recommended Actions
Staff recommends that the City Council:
1. Adopt a finding that the acceptance of the attached Agreement Imposing Restrictions on Real Property (Covenant) for the parcel located at 2644 30th Street is categorically exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, consistent with the findings set forth in the “Environmental Review” section of this Report;
2. Accept the attached Agreement Imposing Restrictions on Real Property (Covenant) for the parcel located at 2644 30th Street.
Staff recommends that upon approval of Covenant that the City Council:
1. Adopt the attached Ordinance amending the Official Districting Map for a Portion of the Parcel Located at 2644 30th Street.
Questions asked and answered of staff included but were not limited to:
confirmation that zoning for the parking lot and building will be maintain and clarification on what could happen after the 10 year restriction.
Council commented on topics including but were not limited to the ability for the City to review its General Plan after the 10 year restriction, and concerns that this rezoning should be part of a broader policy program.
Motion by Councilmember Zwick, seconded by Zernitskaya, to adopt the staff recommendations. The motion was approved by the following roll call vote:
AYES: Councilmembers Zwick, Hall, Snell, Zernitskaya, Mayor Pro Tem Torosis
NOES: Councilmember Raskin, Mayor Negrete
ABSENT: None
PUBLIC HEARINGS:
2025 WATER QUALITY
REPORT
12.A. Approval of 2025 Report on Water Quality and Public Health Goals, was presented.
Recommended Action
Staff recommend that the City Council:
1. Adopt a finding that the report provided herein is not a “project” subject to the California Environmental Quality Act (CEQA); and
2. Hold a public hearing, receive public comments, and approve the attached 2025 City of Santa Monica Report on Water Quality Relative to the Public Health Goals.
No members of the public spoke on the recommended action when the public hearing was opened and closed. The Council had no questions for staff.
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Motion by Mayor Negrete, seconded by Councilmember Zwick, to adopt the staff recommendations. The motion was approved unanimously by the following roll call vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick, Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
COUNCILMEMBER
DISCUSSION ITEMS:
DISABILITIES
COMMISSION
16.A. Request of the Disabilities Commission to declare Arlene Frames' seat vacant due to absenteeism and lack of communication, was presented.
Motion by Mayor Pro Tem Torosis, seconded by Mayor Negrete, to approve the staff recommendation. The motion was approved unanimously by the following roll call vote:
AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya, Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
COMMUNITY
ENGAGEMENT
16.B. Request of Mayor Negrete that the City Council consider directing the City Manager to provide Community Engagement, Zoning Clarity, and Accountability for LA County and Nonprofit Operated Housing Projects, was not heard and will return to a future meeting, with a refined scope based on new information received.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:53 a.m.
ATTEST: APPROVED:
Maria Dacanay-Wisner Lana Negrete
Assistant City Clerk Mayor
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Report
City Council Meeting: November 18, 2025
Agenda Item: 4.S
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To: Mayor and City Council
From: Oliver Chi, City Manager, City Manager's Office
Subject: Adoption of a Resolution Approving and Adopting the City of Santa Monica's Updated Local Hazard Mitigation Plan
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 the City Council of the City of Santa Monica approving and adopting the updated Hazard Mitigation Plan;
3. Direct staff to forward copies of the approved and adopted City of Santa Monica Hazard Mitigation Plan and Resolution as necessary or as required by the California Governor’s Office of Emergency Services and/or the U.S. Department of Homeland Security, Federal Emergency Management Agency before the next formal five-year update; and
4. Authorize staff to make modifications to the City of Santa Monica’s Hazard Mitigation Plan as necessary or required by the California Governor’s Office of Emergency Services and/or the Federal Emergency Management Agency before the next five-year update.
Executive Summary
The City of Santa Monica has completed an update to its Local Hazard Mitigation Plan that describes and analyzes hazards within Santa Monica and provides the City direction to reduce losses from these hazards through the implementation of mitigation actions. Federal law (Robert T. Stafford Disaster Relief and Emergency Assistance Act) requires that each jurisdiction create and submit Hazard Mitigation Plans (HMPs) as a condition of receiving non-emergency hazard mitigation grant funding. The U.S.
Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) oversees many of these grant programs and is responsible for approving HMPs
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for funding eligibility. FEMA emphasizes the importance of these plans, stressing they “form the foundation of a community’s long-term strategy to reduce disaster losses” and promote investment in community-based, risk-reduction measures. A mitigation plan must meet several requirements to obtain FEMA approval, including the adoption by the local jurisdiction.
A major disaster event can have long-lasting individual, economic, environmental and societal impacts on a community. Mitigation, reducing the adverse impacts of a disaster or hazardous event, is a core element of emergency management and the disaster cycle. The presented plan aligns with the recently revised and adopted Safety Element of the City’s General Plan that was approved by Santa Monica City Council in 2024.
Both plans examine similar natural and human-made hazards to identify hazardreduction goals and strategies. The hazards examined in the Local Hazard Mitigation Plan (referred to as “Plan”) include:
• Earthquakes
• Tsunamis
• Flood Hazards
• Landslides
• Wildfires and Urban Fires
• Climate Change and Severe Weather
• Hazardous Materials
• Airport Hazards
The analysis identified six natural hazards that pose a more significant risk to Santa Monica: earthquake, tsunami, wildfire, flood inundation due to dam failure, extreme weather exacerbated by climate change, and sea-level rise. Other evaluated hazards that pose a lower risk to the city include coastal flooding, landslides, structure fires, hazardous materials releases, and airport crashes. The Plan provides the City with specific actions to take aimed at reducing Santa Monica’s potential disaster impacts and are focused on disasters that pose the greatest local risk. Mitigation actions are aligned with the long-range goals of the Safety Element and promote the City Council’s priorities
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of fostering a safe community and delivering projects that promote equity.
Staff recommends that the City Council adopt the updated Local Hazard Mitigation Plan.
Upon Santa Monica City Council adoption, the Local Hazard Mitigation Plan will be reviewed and approved by the California Governor’s Office of Emergency Services (Cal OES) and ultimately FEMA to ensure the Plan meets federal standards.
Background
The Disaster Mitigation Action of 2000 (DMA 2000) amended the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), creating hazard mitigation planning requirements for state, local, territorial, and tribal governments to receive nonemergency disaster assistance. Federal requirements are included in the Code of Federal Regulations, Stafford Act Title 44, Chapter 1, Part 201 (44 CFR Part 201).
FEMA requires agencies to review and update mitigation plans every five years and is responsible for final approval of local, tribal, and state plans. FEMA recently updated its Local Mitigation Planning Policy Guide in April 2025 to interpret 44 CFR Part 201 setting forth requirements for local governments when writing, updating, and implementing hazard mitigation plans and the process and standards for plan approval by state and federal governments. Santa Monica’s Local Hazard Mitigation Plan has been written to meet updated criteria.
The City of Santa Monica last received approval for a HMP update in 2016. Although the city’s Office of Emergency Management (OEM) planned to complete HMP updates in 2020, the division was tasked with directing the City’s COVID-19 pandemic’s response and recovery. OEM’s priority project since the end of the local COVID-19 Emergency Order in February 2023 has been to complete the outdated HMP. In June 2023, OEM hired a consultant, Earth Consultants International, Inc. (ECI) to conduct a detailed analysis of Santa Monica’s local hazards and update the Plan to meet FEMA’s updated requirements. ECI also completed the Safety Element’s technical background report. Selecting the same vendor ensured consistency in hazard analysis and expedited planning efforts needed to restore grant funding opportunities.
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Discussion
The city’s Hazard Mitigation Plan is designed to meet FEMA’s requirements and is divided into three volumes:
1. Mitigation Action Plan – This volume provides information on Santa Monica’s hazard mitigation planning process. The volume includes a community profile and general risk assessment. Report provides 2016 action item progress updates and presents the currently recommended mitigation action items.
2. Hazard Analysis – Volume 2 examines each hazard in depth, reviewing regional historical incidents, local climate, geologic, and built conditions, and a literature review of related scientific findings related to the local hazards. The earthquake, tsunami, and flood chapters include risk assessment information from FEMA’s GIS-based software, HazUS, estimating local building damage, economic loss, and casualties/fatalities during disaster scenarios.
3. Appendices – Provide mitigation resources for the community, including a directory of federal, state and local agencies engaged in mitigation work, a list of disaster events that have occurred in California since 1950, and maps used in the report that demonstrate hazard and vulnerability information.
The Local Hazard Mitigation Plan serves as a powerful tool for the city and community partners to prioritize emergency planning needs and design programs that promote equity in disaster preparedness and mitigation by addressing underlying community disparities. A Resilience Planning Committee of multi-department leadership and external community stakeholders reviewed hazard analysis findings and social vulnerability data. The committee completed a workshop to prioritize the majority of proposed mitigation action items to reduce hazard impact on the Santa Monica community. The group worked to identify programs that were aligned with City departments’ existing workplans and budgets, striving to accomplish mitigation projects that were realistic and attainable.
During the two years that the City worked to complete its Plan, several natural disasters impacted the city of Santa Monica. This diverted Office of Emergency Management staff’s focus on the Plan in order to lead response and recovery activities. The events
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also required sections of the Plan to be revised. The most notable event was the 2025 Palisades Fire and windstorm that caused extensive destruction in the Los Angeles neighborhood directly north of Santa Monica. The wildfire killed 12 people and destroyed over 6,800 structures in Pacific Palisades and Malibu. The event required Santa Monica to initiate an evacuation order for northern sections of the city and created 445 tons of wind debris, including dozens of large, downed trees. The January 2025 Palisades and Eaton Fires saw incredible structure loss in urban environments, leveling blocks of homes and businesses once thought to be immune from direct wildfire impacts. In March 2025, the California Office of the State Fire Marshal’s updated the state’s Fire Hazard Severity Zone maps. For the first time, areas of Santa Monica were included in very high, high and moderate wildfire zones.
City personnel and ECI agreed that after these significant changes to local history and policy, the wildfire and climate change sections needed to be revised to present Santa Monica’s new wildfire reality. The final Plan presents these revisions and includes two additional wildfire mitigation actions that were agreed upon by Santa Monica Fire, OEM, Community Development Department, and ECI but were not identified or prioritized by the Resilience Planning Committee. The final list of proposed mitigation actions is listed below.
Local Planning
• Water Deconfliction Planning: Identify strategies for immediate and long-term local potable water services during disaster events, such as seismic events, wildfire, or drought. Identify water deconfliction strategy to prioritize water usage during emergencies (i.e. recreational pools vs. firefighting needs). • Evacuation Planning: Evaluate multi-modal citywide evacuation routes identified by the City’s revised Safety Element and create a citywide evacuation plan for emergency events, such as a tsunami, dam inundation, or wildfire. Plan to include evacuation considerations for persons with access and functional needs, including those without access to private transportation and persons living in assisted living and high-rise buildings. Publicize to the community.
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• Santa Monica Airport Space Design: In the planning of the Santa Monica Airport space, ensure that emergency preparedness, mitigation, and response features are included, such as the storage of disaster cache supplies and space for emergency operations (owned/operated and available for use by public safety departments).
Local Assessment & Regulation Projects
• Santa Monica Bluffs and I-10 Freeway Slope & Brush Fire Mitigation:
Continue to inspect and monitor Santa Monica bluffs and I-10 freeway slope stability and brush overgrowth. Where necessary, implement actions needed to mitigate land instability, especially during rain and seismic events, and clear brush and other debris to mitigate brush fires.
• Red Flag Warning Restrictions: Implement policy that during any Red Flag Warning, restrictive measures will be implemented to reduce fire ignition opportunities and facilitate rapid first responder response activities. Restrictions to be considered include, but are not limited to, parking restrictions in very high hazard zones and evacuate routes, leaf blower bans, and construction activity bans.
• Resilient City Facility Design Standards: Implement and enhance a set of standards for City-owned and/or City/Tenant-operated facilities to make facilities more disaster-resilient, both to ensure their operability post-disaster and protect occupants. Prioritize seismic retrofits of public infrastructure and facilities to minimize potential damage, ensure protection of vulnerable populations, and continuity of government operations.
Structure & Infrastructure Projects
• Water Infrastructure Seismic Assessment: Examine water system resistance to local seismic hazards, especially water infrastructure that crosses potential liquefaction zones and areas where traces or projections of the Santa Monica fault have been mapped. Consider retrofitting older water pipelines and other strategies to address identified seismic vulnerabilities.
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• Back-up Utilities: Identify and create program to implement critical, utility backup systems at City facilities and essential/emergency communications facilities, including but not limited to, microgrids, solar + storage, and other back-up, sustainable utility resources.
• Tsunami Alerting System: Implement overhead paging at Santa Monica Pier with ability to provide tsunami alerts and evacuation directions. Complete assessment of other communications tools, such as, but not limited to digital kiosks and siren systems, to widely distribute tsunami education and imminent threat alerts and warnings along Santa Monica’s coastal areas. Regularly test communications systems during earthquake/tsunami preparedness events, like the annual ShakeOut earthquake drill, California Tsunami Awareness, Natural Systems Improvement Projects
• Natural Dune Restoration Expansion: To protect beaches and beach-front properties from erosion, sea level rise, and coastal flooding, continue to expand and maintain the Natural Dune Beach Restoration projects. By the end of 2029, the goal would be to have at least 50 acres of established beach dunes. • Food Resilience Through Community Gardening: Increase production of food grown and donated from City-owned community gardens to local organizations to increase food resilience of vulnerable Santa Monica residents through the expansion of additional garden space.
Education and Awareness Programs
• Inclusive Emergency Communications: Conduct emergency response, mitigation, and preparedness outreach in multiple languages to better reach diverse Santa Monica communities, including international tourists and persons with access and functional needs. Create standards for emergency response messaging to ensure it meets standards in the City’s Language Access Administrative Instruction.
• Local Wildfire Safety Education: Develop education campaign on mandatory wildfire safety practices, such as defensible space standards and wildland urban
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interface building codes, required for areas of Santa Monica within the 2025 State-identified Very High Fire Hazard Severity Zone.
City Readiness Initiatives
• Expand Critical Emergency Management Technologies: Expand City GIS mapping, staffing, training, and tools to better facilitate emergency planning and response activities, including use of public education and communications.
Expand on cloud infrastructure, data servers, and staffing to support the implementation, execution and maintenance of crucial technologies to support first responders. Continue adopting evacuation mapping technology to improve awareness of city evacuation zones, hazard areas, and assist with the prompt implementation of evacuation and shelter-in-place directions during emergencies.
The Resilience Planning Committee has a shared responsibility for implementing the HMP, overseen by the City Manager or their designee. The Office of Emergency Management will convene the Resilience Planning Committee annually to receive an update on action item progress and discuss any barriers. At this time, modifications to the Plan will be discussed, ensuring that the Plan stays current.
Interdepartmental Coordination and Public Outreach
Community participation is a guiding principle in hazard mitigation planning and a central requirement of state and federal agencies. Community engagement ensures mitigation actions fit the community’s needs and increases community hazard awareness and support for identified mitigation measures. The following activities were implemented to collaborate with staff across city departments and Santa Monica community members.
• Multi-Departmental and Stakeholder Committee: Santa Monica OEM created a multi-sector Resilience Planning Committee that received and reviewed the technical hazard analysis conducted by ECI. This team of community leaders and subject matter experts worked collaboratively to identify and prioritize
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mitigation action items. Community leaders included representatives from local healthcare, education, private business, and non-profit sectors, especially those who are regularly involved in disaster response activities. • Public Survey: OEM and the city’s Community Development Department created a web-based and paper survey in English and Spanish to collect community feedback on natural and environmental hazards and share their perceived level of preparedness. This survey used non-random sampling methods. Outreach was conducted using existing city communications outlets and shared directly to local neighborhood organizations. Survey results informed the Resilience Planning Committee of community priorities and helped to craft mitigation action items.
• Community Workshops: ECI and OEM held several community workshops, available in-person and online and in English and Spanish. These presentations provided information on local hazards, including hazard maps and damage estimates. The online community workshop presentation is available on the City’s YouTube channel.
• Public Comment Period: In August-September 2025, the City’s draft plan was posted for a 30-day community review and comment period. The City promoted the public comment period through communications to community groups. The draft plan was also made available at two Santa Monica public libraries. Two persons provided feedback using an online survey that is addressed in the Plan. • Commission Input: OEM staff presented the LHMP to three Santa Monica commissions for additional community input: the Planning Commission, Building and Fire-Life Safety Commission, and the Commission on Sustainability, Environmental Justice, and the Environment. Questions and feedback from the commissions were incorporated into the final report. OEM staff were also available for questions about the LHMP and disaster response during 2024 commission meetings about the Safety Element.
Financial Considerations
The National Institute of Building Science has found that for every $13 spent on hazard
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mitigation projects, $6 is saved on disaster losses. Mitigation strategies not only reduce post-disaster financial and operational losses but also add value by building community resilience and safety.
There is no pre-identified City budget for the mitigation action items identified in this Plan. Understanding the constraints of the City’s current capital improvement budget and instability in the federal grant landscape, the Resilience Planning Commission identified mitigation action items that were realistic and did not require large amounts of unbudgeted funding.
Past Council Actions
Santa Monica’s first Local Hazard Mitigation Plan was approved by the City Council on September 28, 2004. The first update to the Plan was approved by Council on March 22, 2016. On February 11, 2025, the City Council adopted the Safety Element Update of the General Plan.
Santa Monica OEM anticipates FEMA to approve the updated Local Hazard Mitigation Plan in spring 2026. Upon final approval, staff will seek Council’s approval to process an amendment to the City of Santa Monica’s General Plan to incorporate the updated Hazard Mitigation Plan as an appendix to the Safety Element.
Environmental Review
Adoption of the LHMP is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines which states that CEQA does not apply “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The LHMP outlines specific actions to take to reduce Santa Monica’s potential disaster impacts. Therefore, the LHMP would not result in adverse physical impacts on the environment and, as such, is exempt from CEQA.
Additionally, the LHMP is categorically exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines. Section 15308 (Class 8) exempts actions taken by regulatory
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agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The LHMP establishes actions that include pre-disaster preparedness and resiliency building of the physical environment. Therefore, the LHMP is exempt pursuant to Section 15308.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended actions. Staff will return to Council if specific budget actions are required in the future.
Prepared By: Lindsay Call, Chief Resilience Officer
Approved Forwarded to Council
Attachments:
A. 2025 SM LHMP Volume 1: Mitigation Action Plan
B. 2025 SM LHMP Volume 2: Hazards
C. 2025 SM LHMP Volume 3: Appendices
D. SMLHMP Presentation_11.25
E. LHMP Approval Adoption Resolution_10.25 A
F. Written Comments
G. PowerPoint Presentation
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Local Hazard Mitigation Plan
Prepared in collaboration with:
1642 E. Fourth Street,
Santa Ana, California
www.earthconsultants.com
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Local Hazard Mitigation Plan
Volume I: Mitigation Action Plan
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EXECUTIVE SUMMARY
INTRODUCTION
The City of Santa Monica has completed this 2025 update to its Local Hazard Mitigation Plan (“the Plan”) that describes and analyzes several natural hazards of concern to the city and its residents, including earthquakes, tsunamis, floods, unstable slopes and landslides, wildfires and urban fires, and climate change and extreme weather. This document also discusses the potential hazards resulting from the improper use or transport of hazardous materials, and hazards related to the current and past uses of the Santa Monica Airport. The Plan does not detail disaster response tactics but rather provides resources and information meant to assist Santa Monica in reducing its future risk and preventing losses from these natural and human-made hazards. In accordance with Federal requirements, this Plan is to be reviewed and updated every five years. This is the latest, thoroughly researched and re-written update to the 2016 Plan update, with the COVID-19 pandemic and resulting limited available staffing largely responsible for the longer-thananticipated gap between updates.
This Plan update is consistent with the requirements of the Federal Disaster Mitigation Act of 2000 (DMA 2000), Section 322 (a-d) that requires local governments, including counties, cities, and tribes in the United States, to complete a Local Hazards Mitigation Plan as a condition of receiving Federal disaster mitigation funds. These documents are to identify the hazards that have occurred or may occur in the study area, and provide mitigation strategies, referred to as action items, designed to save lives, reduce the losses associated with disaster response and recovery, and reduce repetitive, costly damage to property and infrastructure.
PLAN MISSION
The mission of the Santa Monica Local Hazard Mitigation Plan is to promote sound public policy designed to protect citizens, critical facilities, infrastructure, private property, and the environment from local natural and human-made hazards identified. This can be achieved by increasing public awareness, documenting resources available for risk reduction and loss prevention, and identifying activities to guide the City towards building a safer, more sustainable and resilient community.
PLAN’S GOALS
The goals of the Plan (Section 4) describe the overall direction that the City of Santa Monica, through its departments, agencies, organizations, employers and residents, can take toward reducing its risk to various hazards. The goals of the Plan are stepping-stones between the broad direction of the mission statement and the specific recommendations outlined in the action items.
The main goals of Santa Monica’s Local Hazard Mitigation Plan are:
1. Protect life and property
2. Strengthen emergency services
3. Increase public awareness
4. Seek public participation
5. Foster partnerships and implementation
6. Preserve and enhance the natural systems to provide natural hazard mitigation functions
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SUMMARY OF FINDINGS
Analysis of the natural hazards that could impact the city of Santa Monica indicates that there are six main natural hazards (earthquakes, tsunami, flooding, landslides, wildfires, and extreme weather exacerbated by climate change) that could impact Santa Monica. Several of these hazards could cause sufficient damage in the city, and potentially in the region, that a Federal emergency could be declared. Other issues considered in this document include the potential dangers associated with the production, use and transport of hazardous materials, and hazards related to the present and past uses of the Santa Monica airport, including aircraft crashes, noise pollution, and contamination of airport and airport-adjacent properties by hazardous materials. Each of these hazards as it pertains to the city of Santa Monica is briefly described below. For a detailed account of each hazard, refer to the appropriate section in Volume II of the report.
Earthquake Hazards
The most devastating hazard to Santa Monica would be a low-probability but high consequence earthquake on any of several faults that extend through or are located near the city, especially an earthquake on the section of the Santa Monica fault that underlies the northern portion of the city (Section 6). That earthquake would cause extensive damage due to ground shaking, fault rupture, liquefaction, earthquake-induced slope instability and, although less-likely, inundation due to catastrophic failure of nearby water storage reservoirs. Other potential secondary effects of such an earthquake include urban fires ignited by fallen appliances, rupture of gas mains, or fallen electrical lines, and the release of hazardous materials due to broken containers or ruptured pipelines.
Such an earthquake is estimated to result in more than $3,400 million in damage in Santa Monica alone, including damage to the building stock and infrastructure and losses to income, and would cause hundreds to thousands of injuries and dozens of fatalities. Other nearby potential earthquake sources that could significantly impact the city and region include the Palos Verdes, Malibu, Hollywood, Newport-Inglewood and Compton-Los Alamitos faults, to mention a few.
Tsunami Hazards
Most historical tsunamis generated by sources far away from Santa Monica (referred to as teletsunamis) have caused limited flooding in the city, with wave runups typically reaching heights of less than 3 feet, and only occasionally reaching heights of more than 6 feet (Section 7). Models that consider a teletsunami with a 975-year average return period estimate that the hazard zone and evacuation area would extend approximately 700 to 1,500 feet inland, inundating all residential and commercial structures and parking lots west of Pacific Coast Highway, Appian Way and locally, Neilson Way, including the Santa Monica Pier and buildings associated with it.
North of the Pier, the inundation zone is delimited by the sea bluffs of Pacific Palisades, as the bluffs provide a natural barrier to the advancement of the runup. The California Geological Survey’s Tsunami Hazard Area Maps utilize this scenario for planning and public education purposes. Given that a teletsunami takes hours to reach the coast, providing ample time for evacuations to occur, the number of injuries and fatalities are estimated to be few to none.
Residential and commercial property losses in Santa Monica as a result of an approximately 6.6- foot tsunami runup are estimated at between $18.3 and $182.5 million.
Tsunamis caused by a local source, such as a fault or a landslide offshore in the Santa Monica Bay, have generated and could generate higher waves in Santa Monica, with the potential to impact a
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larger portion of the southern half of the city. A tsunami generated by a nearby source would also reach the coastline in minutes rather than hours, limiting the time available to evacuate the areas likely to be impacted by the waves. This could be devastating if the beach is crowded. A similarsized tsunami generated by an earthquake on the section of the Palos Verdes fault located offshore Santa Monica, in the Bay, is estimated to result in 80 to 931 fatalities, and 80 to 545 injuries in the city of Santa Monica, depending on the time of day and assuming a community preparedness level of good to fair. These estimates do not account for out-of-town beachgoers, so the total number of casualties could be much higher. A tsunami-causing earthquake on the Palos Verdes fault would also result in structural damage in the region due to ground shaking and liquefaction, with losses in Santa Monica estimated at nearly $1,500 million.
Flood Hazards
There are no floodways mapped through Santa Monica (Section 8), so fluvial flooding has a very low to non-existent probability of occurring in the city. However, flooding due to intense rainfall, often combined with high tides, can cause damage in some coastal sections of Santa Monica, especially the area along the beach north of Wilshire Boulevard, which FEMA has mapped as a 100-year flood0F
1 zone susceptible to both storm flooding and storm surging. The coastal area of the city south of Wilshire Boulevard is mapped as a 100-year flood zone susceptible to storm surges.
The City has identified 85 beach-front properties located within these flood zones. The cost of structural damage to these buildings as a result of a coastal flood event is estimated at between about $4 million and $40.2 million. The damage to infrastructure such as roadways, bridges, parking lots and utilities is not considered in these estimates, nor is the cost of damaged building contents, loss of inventory, and loss of income, so the costs could be much higher.
The flood assessment for Santa Monica also includes an analysis of potential losses associated with inundation of the east-central portion of the city if Stone Canyon dam failed catastrophically, releasing all or most of the water impounded behind the dam. This dam, which is owned and operated by the Los Angeles Department of Water & Power, is located approximately 4.1 miles northeast of Santa Monica, in the hills north of Bel Air. Structural analyses conducted by others have indicated that the dam can withstand shaking levels caused by either a regional magnitude 8 earthquake, or a local magnitude 6.5 earthquake, so the probability of the dam failing is low, but not nil. This lesser-known but potential hazard, which would require a short evacuation response time, could impact the City of Los Angeles neighborhoods stretching from Bel Air to Marina del Rey, and portions of the cities of Culver City and Santa Monica. A Santa Monica-specific analysis of the area of the city likely to be inundated if the dam fails, based on the dam’s Emergency Action Plan, estimates that approximately 214 buildings would be at least moderately damaged, with 23 of those buildings completely destroyed. Total economic losses in Santa Monica as a result of the Stone Canyon dam failure are estimated at about $227 million, with about 47% of that value related to business interruption and loss of income.
Landslide Hazards
Landslide hazards in the city of Santa Monica (Section 9) are limited to only a few areas with topographic relief where slope gradients exceed 20 degrees, such as the coastal bluffs in Pacific Palisades Park, the slopes bordering the Rustic Creek and Santa Monica Creek canyons on the north, and the slopes flanking the I-10 freeway. Small surficial slope failures could also occur 1 A 100-year flood is the flood having a one percent chance of being equaled or exceeded in magnitude in any given year; it is not a flood occurring once every 100 years.
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along the southern and southwestern portions of the Santa Monica Airport, several slopes in the south side of the city between Ashland Avenue and Dewey Street, and slopes on the flanks of Brentwood Knoll.
Historically, slope failures in the city have been reported as a result of both earthquake shaking and following intense rainfall events. Landslides that have occurred on the 50- to 150-foot-high coastal bluffs are typically generated from the sandy to gravelly alluvial fan materials that comprise most of the cliff face. Slope damage in these materials is often the result of increased pore water pressures following periods of heavy precipitation or over-irrigation. Blocks of these deposits locally separate from the larger mass and fail as block slides or topples. If saturated as a result of intense winter rains, some sections may also fail as mudslides. Given the height of the bluffs and their exposure to the elements, localized slope failures of these materials can be expected to occur sporadically. Failures of the bluffs pose a hazard primarily to Pacific Coast Highway (PCH) and motorists therein. Damage associated with the potential failure of the bluffs is difficult to quantify, with the costs involving cleanup of debris and closure of the road to through-going traffic that impacts both Santa Monica residents and residents of other communities served by PCH. Closures of PCH force, at best, limited access with consequential delays, and at worse, significant detours around the Santa Monica Mountains, with the potential to cause major disruption to emergency services, especially the mobilization of people in need of emergency services to the local hospitals.
Wildfire and Urban Fire Hazards
Although, historically, Santa Monica has not experienced a wildfire within its limits, the city is bordered to the north by areas that have burned previously and could burn again in the future (Section 10). The January 2025 Palisades fire, a wildfire that spread into developed areas, with ignited structures then sustaining and transmitting the fire from one building to the next, is a fresh reminder of this reality. There are at least three canyons in the southern flanks of the Santa Monica Mountains that could convey a wildfire to the northern city boundaries. These are the Mandeville, Sullivan and Rustic canyons. Wildfires in Mandeville and Sullivan canyons could burn down to Santa Monica Canyon, along the northern city boundary. Other canyons farther to the northeast of the city, if ignited, could convey a wildfire to the northeastern portion of Santa Monica in the area of the Brentwood Country Club, and then onto the vegetated corridor that extends from Montana Avenue to Centinela Avenue. The bluffs of Pacific Palisades are also locally covered with vegetation that could be ignited by embers blown in from the north-northeast, or as a result of human activities, such as illegal encampments by unhoused individuals (small vegetation fires have occurred here before).
Following the January 2025 fires, CAL FIRE issued a new map that places the northern portion of Santa Monica within a Very High Fire Hazard Severity Zone (VHFHSZ). Narrow strips to the south of the VHFHSZ are also now considered as having either a high or moderate fire hazard. Property losses as a result of a wildfire in the northern portion of the city now identified as having a very high fire hazard are estimated to range between $60 million and almost $600 million. A fire within the very high fire hazard zone would impact 1,715 structures. Given that nearly 99% of these structures are residential, a fire therein would result in the temporary or permanent displacement of thousands of residents. Significantly, climate change is expected to increase the likelihood of wildland fires in the mountains and hills surrounding the Los Angeles basin. In the watershed immediately to the north and northwest of Santa Monica, which is defined by the western half of the south-facing slopes of the Santa Monica Mountains, burned areas are projected to increase
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about 19% for Santa-Ana-wind based fires and about 11% for non-Santa Ana-wind fires compared to the 1961-1990 baseline period. Properties within the fire hazard severity zones recently mapped in the city will now be required to maintain a defensible space around the structures.
Other requirements and guidelines to reduce the impact of wildfires are described in Section 10.
Structure fires, which are fires that affect the structural components of a building or infrastructure, can be confined to a single room, a portion of a building, or can engulf the entire structure, and can involve any and all parts of a structure, such as the walls, roof, or floors. Nationally, in 2023, more than 470,000 structure fires were reported, with these fires resulting in 3,070 civilian deaths, 11,790 civilian injuries, and about $14.7 billion in property losses. Residential fires accounted for nearly 75% of this total, more than 95% of the civilian deaths, 86% of the civilian injuries, and more than 77% of the property losses. Cooking is the leading cause of residential and nonresidential building fires. In Santa Monica, structure fires account for a very small percentage of the incidents that the Santa Monica Fire Department responds to on an annual basis. Nevertheless, in 2019 alone, 71 incidents were for structure fires, with all of these reported in the central and southwestern portions of the city, in areas where the building stock is, on average, more than 30 years old. The high value of real estate in Santa Monica means that a structure fire in the city, even if the fire impacts only a portion of the building, has the potential to result in tens to hundreds of thousands of dollars in property damage. Structure fires also displace households, or, if in a commercial or industrial building, can result in business interruptions, and economic losses.
Climate Change and Severe Weather Hazards
The impacts of climate change, which are being felt in California and around the world, include higher temperatures and more common extreme heat events, more severe wildfires, more frequent and intense droughts, flooding due to extreme precipitation events, and coastal flooding and erosion from sea level rise. Section 11 covers the impact of extreme heat, drought, sea-level rise and severe windstorms (including Santa Ana winds and tornadoes), with an emphasis on the impacts these hazards have on human health and the environment. The data reviewed indicate that both the annual number of weather-driven events and their cost have increased in the past decade, with these numbers expected to continue to increase as the effects of climate change become more pronounced. Quantifying the costs of these hazards is difficult, but at least one study has estimated that the sea-level rise projections to the year 2100 will cost the City of Santa Monica hundreds of millions of dollars in damage to infrastructure and non-market losses associated with the loss of coastal resources.
Hazardous Materials
Hazardous materials, if improperly used, transported or stored, can pose a hazard to human health and the environment (Section 12). Nationally, an average of 12 releases of hazardous materials are reported every day. In Santa Monica, between 17 and 27 annual hazardous materials incidents were reported for the years between 2021 and 2023, with more than 90% of these incidents related to sewage released from pipe laterals and sewer mains damaged by tree roots or foreign matter. Other typically nuisance-level spills that have been reported in the city include gas leaks from damaged pipes, gasoline leaks from faulty gas dispensers, and oil sheens and tar balls reported at the beach. Section 11 discusses the businesses and facilities that generate or use hazardous materials in Santa Monica, including the stringent regulations that businesses that utilize large quantities of these materials are required to abide by; the potential for an earthquake to result in dozens to hundreds of pipe ruptures that could in turn release natural gas, petroleum
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oil, and sewage; the potential for hazardous material releases as a result of a transportation accident on the freeways and streets in and near the city; and the hazards associated with cleaning products and other chemicals and materials used in households and commercial facilities.
Airport Hazards
The City of Santa Monica owns and operates the Santa Monica Airport (SMO), a general aviation airport previously known as Clover Field. SMO is the oldest operating airfield in Los Angeles County, and one of the oldest airports in the United States. During World War II, the airport was leased and operated by the Federal government, and for a period before, during and after the war, SMO was also home to the Douglas Aircraft Company. In the late 1960s, SMO was arguably one of the busiest, if not the busiest general aviation airport in the world, with more than 356,000 airport operations (takeoffs and landings) in a year. More recently, between 2018 and 2023, SMO averaged about 67,410 operations a year.
Airport hazards related to these operations include a noisy environment with occasionally high intensity noise levels, engine blasts that may result in vibrations, odors, light pollution, disruption of roadway circulation networks, and aircraft accidents (Section 13). Most of these potential hazards occur on the airport property itself or in areas immediately surrounding the airport. An analysis of past aircraft incidents in and near Santa Monica related to aviation operations at SMO showed that between 1964 and 2024 inclusive, about 2.3 accidents and incidents per year, on average, have involved SMO aircraft, with this number decreasing to about 1.13 incidents per year, on average, for the years between 2000 and 2024. Between 2018 and 2023, the number of accidents and incidents that occurred in those six years relative to the total number of flight operations at SMO amounted to about 1.7 events per 100,000 operations. Most of these incidents occurred during takeoff or landing, and thus within airport property; whereas a few occurred within about 5 miles of the airport. Given that only small aircraft fly to and from SMO, accidents related to SMO operations have always involved only a small group of people, akin to vehicular accidents involving passenger cars
SMO operations involve the routine use, storage, and transport of hazardous materials, including low-lead and unleaded aviation gasoline and jet fuel, cleaning solvents, lubricants and degreasers, and other routine materials such as commercially available cleaning products and herbicides. Past land uses at the airport also involved the use of chemicals, including volatile organic compounds, non-petroleum hydrocarbons and solvents that have been encountered in the soil and groundwater under some areas of the airport and adjacent neighborhoods. Environmental activities designed to evaluate the lateral and vertical extent of these chemicals and their remediation have been conducted and are still ongoing in some areas.
ACTION ITEMS
The action items are a list of activities that Santa Monica’s departments, agencies and residents can implement to reduce risk in the community. Some action items have community-wide application, whereas others can be implemented on an individual basis by residents and business owners. Each action item identified in Section 4 is followed by the following information:
Coordinating Organization
The coordinating organization is the public agency (or agencies) with regulatory responsibility to
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address the hazard identified, or that is willing and able to organize resources, find appropriate funding, or oversee activity implementation, monitoring, and evaluation. Coordinating organizations may also include local or regional agencies, and private entities that are capable of, or responsible for, implementing the identified activities and programs. Individuals within each responsible organization that have been identified as points of contact are also listed.
Partner organizations are agencies or public/private sector organizations that may be able to assist in the implementation of action items by providing relevant resources to the coordinating organization. The partner organizations that could be involved in the implementation of some of the action items identified are listed in the Resource Directory (Appendix A) of the Plan. These organizations, however, were either not involved during the development of the Plan, or were only partly involved, typically by participating in some of the meetings and providing data specific to a section, and should therefore be contacted by the coordinating organization to establish their commitment of time and resources to action items.
Potential Funding Sources and Constraints
Every action item is followed by a list of potential funding sources, including existing City funds and grant moneys, and where appropriate, potential constraints to implementation. These constraints may be a lack of City staff, lack of funds, or vested property rights, which might expose the City of Santa Monica to legal action as a result of adverse impacts on private property.
Timeline
Action items typically include both short- and long-term activities. The City of Santa Monica has identified mostly short-term actions to be implemented in the next five years, through 2030, recognizing that there are funding and staffing constraints that could delay their implementation.
Section 4 also lists the action items that are already being implemented on an on-going basis.
Plan Goals Addressed
The Mitigation Plan needs to be regularly monitored and evaluated to measure its success in achieving its goals once implementation begins. To that end, the plan goals addressed by each action item are identified – they provide the means by which the success of each action can be measured.
Complementary Safety Element Policies
The City of Santa Monica adopted its latest Safety Element of the General Plan in February 2025, with that document identifying several policies and action items designed to mitigate or reduce the City’s vulnerability to the same hazards covered in this Local Hazards Mitigation Plan. These two documents are linked together by reference and, upon Council’s approval, the Local Hazard Mitigation Plan will serve as an appendix to the Safety Element of the City’s General Plan. Policies in the Safety Element need not be implemented within a given timeframe, are not prioritized, and are not assigned to a specific City department or agency. Thus, by identifying the Safety Element policies that are being addressed by the action items listed in the Mitigation Plan, it indirectly moves to the forefront those activities that are deemed most important to be addressed first. Future plans may consider revisiting the Safety Element policies and addressing those not already covered in this 2025 Plan Update.
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HOW WILL THE PLAN BE IMPLEMENTED, MONITORED AND EVALUATED? The Plan Maintenance Section (Section 5) of this document details the formal process that will ensure that the Santa Monica Local Hazard Mitigation Plan remains an active and relevant document. The plan maintenance process includes a schedule for monitoring and evaluating the Plan annually and producing a Plan revision every five years. This section describes how the City will integrate public participation throughout the plan maintenance process. Finally, this section includes an explanation of how the City intends to incorporate the mitigation strategies outlined in this Plan into existing planning mechanisms such as the City’s General Plan, the City’s Evacuation Plan, Building and Safety Codes, and community development plans.
Coordinating Body
The City of Santa Monica Resilience Planning Committee has been and will continue to be responsible for coordinating implementation of Plan action items and undertaking the formal review process. The City Manager, or designee, can and will assign representatives from City agencies and other organizations to serve on this committee, as appropriate, including, but not limited to, the current Resilience Planning Committee members.
Convener
City Council, as the governing body that has the responsibility and authority to promote sound public policy regarding natural and human-made hazards, is responsible for adopting the City of Santa Monica Local Hazard Mitigation Plan and Plan Updates. Adoption of the Plan by the local jurisdiction’s governing body is one of the prime requirements for approval of the Plan by FEMA and Cal OES. The approved Plan is expected to become a significant component in the arsenal of planning documents that the City relies on to increase Santa Monica’s resilience to the environmental, social and economic challenges that typically accompany disasters, while promoting the development of equitable and environmentally just planning, response and recovery activities that better serve all members of the community. The Resilience Planning Committee has responsibility for Plan implementation. The City Manager, or designee, serves as a convener to facilitate the Resilience Planning Committee meetings, and can assign tasks such as updating and presenting the Plan to the members of the committee. Plan implementation and evaluation are a shared responsibility among all Resilience Planning Committee members.
Implementation through Existing Programs
The City of Santa Monica addresses statewide planning goals and legislative requirements through its General Plan, Capital Improvement Plans, and City Building and Safety Codes. The Plan provides a series of recommendations that are closely related to the goals and objectives of these existing planning programs. The City of Santa Monica has a responsibility to implement recommended mitigation action items through existing programs and procedures.
Economic Analysis of Mitigation Projects
A benefit-cost analysis produced in 2019 by the National Institute of Building Sciences1F 2 found that
on average, every $1 spent on hazard mitigation provides the country with up to about $13 in savings in disaster losses. A similar study conducted in 2005 yielded an average of about $4 dollars in savings for $1 invested in mitigation. These values vary by geographic region and 2 https://www.preventionweb.net/media/68132/download?startDownload=20251002 and https://nibs.org/projects/natural-hazard-mitigation-saves-2019-report, accessed on October 6-7, 2025.
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hazard, but all analyses showed that money spent on hazard mitigation is money well spent. The study found that the adoption and enforcement of current building codes is one of the most effective ways to build resiliency, whereas building to standards above the required codes can have significant effects. The study also found that retrofitting lifelines has one of the highest returns on investment, resulting in savings of up to $31 for every $1 invested, with the added benefit of protecting the whole economy.
To evaluate where pre-disaster mitigation money would be best spent, the Federal Emergency Management Agency (FEMA) uses two different but valid approaches to identify and measure the costs and benefits associated with natural hazard mitigation strategies or projects: benefit/cost analysis and cost-effectiveness analysis. Conducting benefit/cost analysis for a mitigation activity can assist communities in determining whether a project is worth undertaking now to avoid disaster-related damages later. Cost-effectiveness analysis evaluates how best to spend a given amount of money to achieve a specific goal. Determining the economic feasibility of mitigating hazards can provide decision makers with an understanding of the potential benefits and costs of an activity, as well as a basis upon which to compare alternative projects. These exercises can also help prioritize the implementation of action items based on the limited resources available. This is covered in more detail in Appendix C.
Formal Review Process
Santa Monica’s Local Hazards Mitigation Plan will be evaluated on an annual basis to determine the effectiveness of its programs, and to reflect changes in land redevelopment or programs that may affect the mitigation priorities. The evaluation process includes a firm schedule and timeline, and identifies the local agencies and organizations participating in the evaluation of the Plan. The Convener will be responsible for contacting the Resilience Planning Committee members and organizing the annual meeting. Committee members will be responsible for monitoring and evaluating the progress of the mitigation strategies in the Plan.
Continued Public Involvement
The City of Santa Monica is dedicated and committed to involving the public directly in the continual review and updates of its Local Hazard Mitigation Plan. Copies of the current Plan and plan updating efforts will be posted online, on the City’s website, and hardcopies of the most recent approved Plan will be available at City Hall and/or the local library. The existence and location of the hardcopies is to be published on the City’s website and in City newsletters. The City will provide an email address for residents to send comments and feedback regarding the Plan and future updates to the City’s Chief Resilience Officer.
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RESUMEN EJECUTIVO
INTRODUCCIÓN
La Ciudad de Santa Mónica ha completado en 2025 esta actualización de su Plan de Mitigación de Riesgos Locales (“el Plan”) que describe y analiza varias amenazas naturales que pueden afectar a la ciudad y sus residentes, incluyendo terremotos, tsunamis, inundaciones, pendientes inestables y deslizamientos de tierra, incendios forestales e incendios urbanos, y cambio climático y clima extremo. Este documento también analiza los posibles peligros que resultan del uso o transporte inadecuados de substancias peligrosas y los riesgos relacionados con los usos actuales y pasados del Aeropuerto de Santa Mónica. El Plan no detalla las tácticas de respuesta a los desastres, sino que proporciona recursos e información destinados a ayudar a Santa Mónica a reducir su riesgo futuro y prevenir las pérdidas causadas por estas amenazas naturales y antropogénicas. De acuerdo con los requisitos federales, este Plan se revisará y actualizará cada cinco años. Esta es la última actualización, minuciosamente investigada y reescrita del Plan de 2016, con la pandemia de COVID-19 y la consiguiente escasez de personal disponible responsables en gran medida por el intervalo más largo de lo previsto entre actualizaciones.
Esta actualización del Plan cumple con los requisitos de la Sección 322 (a-d) de la Ley Federal de Mitigación de Desastres del 2000 (DMA 2000), que exige que los gobiernos locales, incluyendo los condados, ciudades y tribus de los Estados Unidos, elaboren un Plan de Mitigación de Riesgos Locales como condición para recibir fondos federales para la mitigación de desastres. Estos documentos tienen como objetivo identificar los peligros que han ocurrido o pueden ocurrir en el área de estudio, y proporcionar estrategias de mitigación, denominadas medidas de acción, diseñadas para salvar vidas, reducir las pérdidas asociadas con la respuesta y recuperación siguiendo un desastre, y reducir los daños repetitivos y costosos a la propiedad y la infraestructura.
MISIÓN DEL PLAN
La misión del Plan de Mitigación de Riesgos Locales de Santa Mónica es promover políticas públicas sólidas diseñadas para proteger a los ciudadanos, las instalaciones críticas, la infraestructura, la propiedad privada y el medio ambiente de los peligros naturales y antropogénicos identificados a nivel local. Esto se puede lograr aumentando la conciencia pública, documentando los recursos disponibles para la reducción de riesgos y la prevención de pérdidas, e identificando actividades para guiar a la Ciudad hacia la construcción de una comunidad más segura, sostenible y resiliente.
OBJETIVOS DEL PLAN
Los objetivos del Plan (Sección 4) describen la dirección general que la Ciudad de Santa Mónica, a través de sus departamentos, agencias, organizaciones, empleadores y residentes, puede tomar para reducir su riesgo ante diversos peligros. Los objetivos del Plan son escalones entre la dirección general de la declaración de misión y las recomendaciones específicas descritas en las medidas de acción. Los principales objetivos del Plan de Mitigación de Riesgos Locales de Santa Mónica son:
1. Proteger la vida y la propiedad
2. Fortalecer los servicios de emergencia
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3. Aumentar la conciencia pública
4. Solicitar la participación pública
5. Fomentar alianzas y la implementación
6. Preservar y mejorar los sistemas naturales para proporcionar funciones de mitigación de peligros naturales
RESUMEN DE CONCLUSIONES
El análisis de las amenazas naturales que podrían afectar a la ciudad de Santa Mónica indica que hay seis riesgos naturales principales (terremotos, tsunamis, inundaciones, deslizamientos de tierra, incendios forestales y condiciones meteorológicas extremas exacerbadas por el cambio climático) que podrían afectar a Santa Mónica. Varias de estas amenazas podrían causar daños suficientemente graves en la ciudad, y potencialmente en la región, como para que se declare una emergencia federal. Otros temas considerados en este documento incluyen los posibles peligros asociados con la producción, el uso y el transporte de materiales o sustancias peligrosas, y los riesgos relacionados con los usos actuales y pasados del Aeropuerto de Santa Mónica, incluyendo accidentes aéreos, contaminación acústica, y contaminación, por materiales peligrosos, del aeropuerto y las propiedades adyacentes al aeropuerto. Cada uno de estos riesgos en lo que impacta a la ciudad de Santa Mónica se describe brevemente a continuación. Para obtener una descripción detallada de cada riesgo, consulte la sección correspondiente del Tomo II del informe.
Riesgos Sísmicos
El riesgo más devastador para Santa Mónica sería un terremoto de baja probabilidad pero de graves consecuencias en cualquiera de las fallas que se extienden a través de la ciudad o se encuentran cerca de ella, especialmente un terremoto en la sección de la falla de Santa Mónica que se encuentra debajo de la parte norte de la ciudad (Sección 6). Ese terremoto causaría grandes daños debido al temblor del suelo, la ruptura de fallas, la licuefacción, la inestabilidad de las laderas inducida por el terremoto y, aunque es menos probable, la inundación debido al colapso catastrófico de los depósitos de almacenamiento de agua cercanos. Otros posibles efectos secundarios de un terremoto incluyen los incendios urbanos provocados por la caída de electrodomésticos, la ruptura de la red de gas o la caída de líneas eléctricas, así como la liberación de materiales peligrosos debido a la ruptura de contenedores o tuberías.
Se estima que un terremoto de este tipo provocará más de $3,400 millones de dólares en daños solo en Santa Mónica, incluyendo los daños al stock de edificios e infraestructura y las pérdidas de ingresos, y causaría entre cientos y miles de lesiones y docenas de muertes. Otras posibles fuentes sísmicas cercanas que podrían afectar significativamente a la ciudad y a la región incluyen las fallas de Palos Verdes, Malibu, Hollywood, Newport-Inglewood y Compton-Los Alamitos, por mencionar algunas.
Riesgos de Tsunami
La mayoría de los tsunamis históricos generados por fuentes alejadas de Santa Mónica (conocidos como teletsunamis) han causado inundaciones limitadas en la ciudad, ya que las olas generalmente han alcanzado alturas de menos de 3 pies, y sólo ocasionalmente han alcanzado alturas de más de 6 pies (Sección 7). Los modelos que consideran un teletsunami con un período promedio de retorno de 975 años estiman que la zona de peligro y el área de evacuación se extenderían aproximadamente entre 700 y 1,500 pies tierra adentro e inundarían todas las
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estructuras residenciales y comerciales y los estacionamientos al oeste de la Pacific Coast Highway, Appian Way y, localmente, Neilson Way, incluyendo el muelle de Santa Mónica y los edificios asociados a él. Al norte del muelle, la zona de inundación está delimitada por los acantilados marinos de Pacific Palisades, ya que los acantilados proporcionan una barrera natural para el avance de la subida de agua. Los mapas de áreas de peligro de tsunami producidos por el Servicio Geológico de California utilizan este escenario con fines de planificación y educación pública. Debido a que un teletsunami tarda horas en llegar a la costa, lo que da tiempo suficiente para efectuar evacuaciones, se estima que el número de lesiones y muertes es bajo o nulo. Las pérdidas de propiedades residenciales y comerciales en Santa Mónica como resultado de un tsunami de aproximadamente 6.6 pies se estiman entre $18.3 y $182.5 millones de dólares.
Los tsunamis causados por una fuente local, como una falla o un deslizamiento de tierra en alta mar en la bahía de Santa Mónica, han generado y podrían generar olas más altas en Santa Mónica, con el potencial de afectar a una mayor parte de la mitad sur de la ciudad. Un tsunami generado por una fuente cercana también llegaría a la costa en minutos en lugar de horas, lo que limitaría el tiempo disponible para evacuar las áreas que podrían ser afectadas por las olas. Esto podría ser devastador si la playa está llena de gente. Se estima que un tsunami de tamaño similar generado por un terremoto en la sección de la falla de Palos Verdes ubicada frente a la costa de Santa Mónica, en la bahía, ocasionaría entre 80 y 931 muertes y entre 80 y 545 lesiones en la ciudad de Santa Mónica, según la hora del día y suponiendo un nivel de preparación de la comunidad de bueno a justo. Estas estimaciones no toman en cuenta a bañistas que viven fuera de la ciudad, por lo que el número total de víctimas podría ser mucho mayor. Un terremoto que provoque un tsunami en la falla de Palos Verdes también provocaría daños estructurales en la región debido a la sacudida del suelo y la licuefacción, con pérdidas en Santa Mónica estimadas en casi $1,500 millones de dólares.
Riesgos de Inundación
No hay vías de inundación cartografiadas en Santa Mónica (Sección 8), por lo que las inundaciones fluviales tienen una probabilidad muy baja o inexistente de ocurrir en la ciudad. Sin embargo, las inundaciones debidas a lluvias intensas, a menudo combinadas con mareas altas, pueden causar daños en algunas secciones de la costa de Santa Mónica, especialmente en el área a lo largo de la playa al norte de Wilshire Boulevard, que la FEMA ha clasificado como una zona de inundación de 100 años0F
1 susceptible tanto a inundaciones por tormentas como a marejadas. La zona costera de la ciudad al sur de Wilshire Boulevard está catalogada como zona inundable en un periodo de 100 años, susceptible a daños por marejadas. La Ciudad ha identificado 85 propiedades frente a la playa ubicadas dentro de estas zonas de inundación. El costo de los daños estructurales a estos edificios como resultado de una inundación costera se estima entre aproximadamente $4 y $40.2 millones de dólares. Estas estimaciones no incluyen los daños a la infraestructura, como carreteras, puentes, estacionamientos y servicios públicos, ni el costo de los daños al contenido de los edificios, la pérdida de inventario y la pérdida de ingresos, por lo que los costos podrían ser mucho más elevados.
La evaluación de inundaciones en Santa Mónica también incluye un análisis de las posibles pérdidas asociadas con la inundación de la parte centro-este de la ciudad si la represa de Stone Canyon fallara catastróficamente y liberara toda o la mayor parte del agua acumulada en el 1 Una inundación de 100 años es aquella que tiene una probabilidad del uno por ciento de igualar o superar su magnitud en un año determinado; no es una inundación que ocurre una vez cada 100 años.
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embalse. Esta represa, que es propiedad de y está operada por el Departamento de Agua y Energía de Los Ángeles, está ubicada aproximadamente 4.1 millas al noreste de Santa Mónica, en las colinas al norte de Bel Air. Los análisis estructurales realizados por terceros han indicado que la represa puede soportar sacudidas causadas por un terremoto regional de magnitud 8 o un terremoto local de magnitud 6.5, por lo que la probabilidad de que la represa falle es baja, pero no nula. Este peligro poco conocido pero potencial requeriría una respuesta de evacuación casi inmediata, y podría afectar a los vecindarios de la ciudad de Los Ángeles que se extienden desde Bel Air hasta Marina del Rey y a partes de las ciudades de Culver City y Santa Mónica. Un análisis específico del área de la ciudad de Santa Mónica que probablemente se inundaría si la represa fallara, basado en el Plan de Acción de Emergencia de la represa, estima que aproximadamente 214 edificios sufrirían daños al menos moderados, y 23 de esos edificios quedarían completamente destruidos. Las pérdidas económicas totales en Santa Mónica como resultado de la falla de la represa de Stone Canyon se estiman en unos $227 millones de dólares, y alrededor del 47% de ese valor está relacionado con la interrupción de las actividades comerciales y la pérdida de ingresos.
Riesgos de Deslizamientos de Tierra
Los riesgos de deslizamientos de tierra en la ciudad de Santa Mónica (Sección 9) se limitan a unas pocas áreas con relieve topográfico donde las pendientes superan los 20 grados, como los acantilados costeros del Parque Pacific Palisades, las laderas que bordean los cañones Rustic Creek y Santa Monica Creek en el norte, y las laderas que flanquean la autopista I-10. También podrían producirse pequeños deslizamientos superficiales a lo largo de las zonas sur y suroeste del Aeropuerto de Santa Mónica, en varias pendientes en el lado sur de la ciudad entre Ashland Avenue y Dewey Street, y en pendientes en los flancos de Brentwood Knoll.
Deslizamientos de tierra se han registrado históricamente en la ciudad como consecuencia tanto de terremotos como de lluvias intensas. En los acantilados costeros que tienen 50 a 150 pies de alto, los deslizamientos de tierra usualmente se generan de los materiales aluviales arenosos y gravosos que componen la mayor parte de la pared del acantilado. El daño en éstas pendientes usualmente ocurre tras periodos de fuertes lluvias o riego artificial excesivo que causan el aumento de la presión intersticial en los materiales aluviales. Bloques de estos depósitos se separan localmente de la pendiente y fallan cuando el bloque se desliza o se derrumba. Si los depósitos geológicos se saturan como resultado de lluvias invernales intensas, algunas secciones también pueden fallar como flujos de lodo. Dada la altura de los acantilados y su exposición constante a los elementos, sin duda que fallas localizadas en éstas pendientes se van a producir esporádicamente. Los deslizamientos de tierra en los acantilados representan un peligro principalmente para la Pacific Coast Highway (PCH) y para los automovilistas en la PCH. Los daños asociados con la posible caída de los acantilados son difíciles de cuantificar, ya que los costos que incluyen la limpieza de los escombros y el cierre de la carretera al tráfico que pasa por allí afectan tanto a los residentes de Santa Mónica como a los residentes de otras comunidades atendidas por la autopista PCH. Los cierres de la autopista PCH provocan, en el mejor de los casos, un acceso limitado con los consiguientes retrasos y, en el peor, desvíos significativos alrededor de las montañas de Santa Mónica, lo que puede causar interrupciones importantes en los servicios de emergencia, especialmente en la movilización de personas que necesitan servicios de emergencia a los hospitales locales.
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Riesgos de Incendios Forestales y Urbanos
Aunque, históricamente, Santa Mónica no ha sufrido un incendio forestal dentro de sus límites, la ciudad hace frontera al norte con áreas que se han quemado anteriormente y que podrían volver a quemarse en el futuro (Sección 10). El incendio de Palisades de enero de 2025, un incendio forestal que se extendió a áreas desarrolladas, con estructuras incendiadas que luego sustentaron y transmitieron el fuego de un edificio a otro, es un reciente recordatorio de esta realidad. Hay al menos tres cañones en los flancos meridionales de las montañas de Santa Mónica que podrían transmitir un incendio forestal a los límites norte de la ciudad. Estos son los cañones Mandeville, Sullivan y Rustic. Incendios forestales en los cañones de Mandeville y Sullivan podrían llegar al cañón de Santa Mónica, a lo largo del límite norte de la ciudad. Si se incendian otros cañones más al noreste de la ciudad, podrían transmitir un incendio forestal en la parte noreste de Santa Mónica, en el área del Brentwood Country Club, y luego en el corredor con vegetación que se extiende desde Montana Avenue hasta Centinela Avenue. Los acantilados de Pacific Palisades también están localmente cubiertos de vegetación que podría incendiarse con brasas alentadas por vientos que lleguen desde el norte-noroeste, o como resultado de actividades humanas, como los campamentos ilegales de personas sin hogar (incendios pequeños de vegetación ya han ocurrido aquí).
Después de los incendios de enero de 2025, CAL FIRE publicó un nuevo mapa que coloca la parte norte de Santa Mónica dentro de una zona de gravedad de riesgo de incendio muy alta (VHFHSZ).
Ahora también se considera que dos franjas estrechas al sur de la VHFHSZ tienen un riesgo de incendio alto y moderado, respectivamente. Se estima que las pérdidas de propiedades como resultado de un incendio forestal en la parte norte de la ciudad, que ahora presenta un riesgo de incendio muy alto, oscilan entre $60 y casi $600 millones de dólares. Un incendio dentro de la zona de muy alto riesgo de incendio afectaría a 1,715 estructuras. Debido a que casi el 99% de estas estructuras son residenciales, un incendio en esa zona podría provocar el desplazamiento temporal o permanente de miles de residentes. De manera significativa, se espera que el cambio climático aumente la probabilidad de incendios forestales en las montañas y colinas que rodean la cuenca de Los Ángeles. En la cuenca hidrográfica inmediatamente al norte y noroeste de Santa Mónica, que está definida por la mitad occidental de las laderas orientadas al sur de las montañas de Santa Mónica, se prevé que, en comparación con el período de referencia de 1961 a 1990, las áreas quemadas van a aumentar alrededor del 19% en el caso de incendios abanicados por los vientos de Santa Ana y alrededor del 11% en el caso de los incendios que no están relacionados con los vientos de Santa Ana. Las propiedades situadas dentro de las zonas de alto riesgo de incendio recientemente identificadas en la ciudad deberán ahora mantener un espacio protegido alrededor de las estructuras. En la Sección 10 se describen otros requisitos y normas para reducir el impacto de los incendios forestales.
Los incendios de estructuras, que son incendios que afectan a los componentes estructurales de un edificio o infraestructura, pueden limitarse a una habitación individual, a una parte de un edificio, o pueden abarcar toda la estructura, y pueden afectar a todas y cada una de las partes de una estructura, como las paredes, el techo o los pisos. A nivel nacional, en 2023, se registraron más de 470,000 incendios de estructuras que provocaron la muerte de 3,070 personas civiles, 11,790 heridos entre la población civil y aproximadamente $14,700 millones de dólares en pérdidas de propiedades. Los incendios residenciales representaron casi el 75% de este total, más del 95% de las muertes de civiles, el 86% de las lesiones civiles y más del 77% de las pérdidas de propiedades. Cocinar es la causa principal de incendios en edificios residenciales y no residenciales. En Santa Mónica, los incendios estructurales representan un porcentaje muy
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pequeño de los incidentes a los que el Departamento de Bomberos de Santa Mónica responde anualmente. Sin embargo, solo en 2019, 71 incidentes se debieron a incendios de estructuras, y todos ellos se registraron en las partes central y suroeste de la ciudad, en áreas donde el stock de edificios tiene, en promedio, más de 30 años. El alto valor de los bienes inmuebles en Santa Mónica significa que un incendio estructural en la ciudad, incluso si afecta solo a una parte del edificio, tiene el potencial de provocar daños de decenas a cientos de miles de dólares a la propiedad. Los incendios en edificios también provocan el desplazamiento de familias ó, si se producen en edificios comerciales o industriales, pueden provocar interrupciones en la actividad comercial y pérdidas económicas.
El Cambio Climático y los Riesgos de Clima Extremo
Los impactos del cambio climático que se están sintiendo en California y en todo el mundo incluyen temperaturas más altas y temporadas de calor extremo más comunes, incendios forestales más graves, sequías más frecuentes e intensas, inundaciones debidas a lluvias extremas, e inundaciones costeras y erosión por el aumento del nivel del mar. La Sección 11 cubre el impacto del calor extremo, la sequía, el aumento del nivel del mar y las tormentas de viento fuertes (incluyendo los vientos de Santa Ana y tornados), con énfasis en los impactos que estos peligros tienen en la salud humana y el medio ambiente. Los datos analizados indican que tanto el número anual de eventos provocados por el clima como su costo han aumentado en la última década, y se espera que estas cifras sigan aumentando a medida que los efectos del cambio climático se hagan más pronunciados. Cuantificar los costos de estos peligros es difícil, pero un estudio ha estimado que las proyecciones del aumento del nivel del mar hasta el año 2100 costarán a la ciudad de Santa Mónica cientos de millones de dólares en daños a la infraestructura, además de pérdidas no económicas relacionadas con la destrucción de recursos costeros.
Materiales Peligrosos
Los materiales peligrosos, si se utilizan, transportan o almacenan de manera inadecuada, pueden representar un peligro para la salud humana y el medio ambiente (Sección 12). A nivel nacional, se notifica un promedio de 12 liberaciones de materiales peligrosos cada día. En Santa Mónica, entre los años 2021 y 2023, se registraron entre 17 y 27 incidentes anuales relacionados con materiales peligrosos y más del 90% de estos incidentes se relacionaron con aguas de desagüe liberadas por tuberías laterales y principales de alcantarillado dañadas por raíces de árboles o materias extrañas. Otros derrames que suelen ser molestos y que se han reportado en la ciudad incluyen fugas de gas de tuberías dañadas, fugas de gasolina de dispensadores de gas defectuosos, y manchas de aceite y bolas de alquitrán reportadas en la playa. La Sección 11 discute las empresas e instalaciones que generan o utilizan materiales peligrosos en Santa Mónica y resume las regulaciones estrictas que deben cumplir las empresas que utilizan grandes cantidades de estos materiales; y analiza la posibilidad de que un terremoto provoque entre docenas y cientos de rupturas de tuberías que, a su vez, podrían liberar gas natural, petróleo y aguas residuales. La Sección 11 también analiza la posibilidad de que se liberen materiales peligrosos como resultado de un accidente de transporte en las autopistas y calles de la ciudad y sus alrededores; y los peligros asociados con productos de limpieza y otros productos químicos y materiales utilizados en hogares e instalaciones comerciales.
Riesgos Aeroportuarios
La ciudad de Santa Mónica es propietaria y operadora del Aeropuerto de Santa Mónica (SMO), un aeropuerto de aviación general anteriormente conocido como Clover Field. SMO es el aeródromo
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en funcionamiento continuo más antiguo del Condado de Los Ángeles y uno de los aeropuertos más antiguos de los Estados Unidos. Durante la Segunda Guerra Mundial, el aeropuerto fue arrendado y operado por el gobierno federal, y durante un período antes, durante y después de la guerra, SMO también fue la sede de la Douglas Aircraft Company. A finales de la década de 1960, SMO era posiblemente uno de los aeropuertos de aviación general más transitados del mundo, por no decir el más transitado, con más de 356,000 operaciones aeroportuarias (despegues y aterrizajes) al año. Más recientemente, entre 2018 y 2023, SMO tuvo un promedio de 67,410 operaciones al año.
Los peligros aeroportuarios relacionados con estas operaciones en SMO incluyen un entorno ruidoso con niveles de ruido ocasionalmente de alta intensidad, explosiones de motores que pueden provocar vibraciones, olores, contaminación lumínica, interrupción de las redes de circulación de las calles alrededor del aeropuerto, y accidentes aéreos (Sección 13). La mayoría de estos peligros potenciales ocurren en la propia propiedad del aeropuerto o en las áreas que rodean al aeropuerto. Un análisis de los incidentes aéreos ocurridos en Santa Mónica y sus alrededores relacionados con las operaciones de aviación en SMO reveló que, entre 1964 y 2024 inclusive, se dieron, en promedio, 2.3 accidentes e incidentes por año en los que se vieron involucradas aeronaves de SMO. Para los años entre 2000 y 2024, ésta cifra se redujo a un promedio de 1.13 incidentes por año. En los seis años entre 2018 y 2023, en promedio, aproximadamente 1.7 accidentes e incidentes ocurrieron por cada 100,000 operaciones de vuelo en SMO. La mayoría de estos incidentes ocurrieron durante el despegue o el aterrizaje y, por lo tanto, dentro de la propiedad del aeropuerto, mientras que algunos ocurrieron a unas 5 millas del aeropuerto. Debido a que solo las aeronaves pequeñas vuelan hacia y desde SMO, los accidentes relacionados con las operaciones de SMO siempre han involucrado solo a un pequeño grupo de personas, al igual que los accidentes de vehículos que involucran automóviles de pasajeros.
Las operaciones del SMO involucran el uso rutinario, almacenamiento y transporte de materiales peligrosos, como gasolina de aviación y combustible para aviones con bajo contenido de plomo y sin plomo, solventes de limpieza, lubricantes y desengrasantes, y otros materiales como productos de limpieza y herbicidas disponibles comercialmente. Los usos anteriores de la propiedad donde se encuentra el aeropuerto también involucraron el uso de productos químicos, incluyendo compuestos orgánicos volátiles, hidrocarburos no derivados del petróleo y solventes. Éstas sustancias se han encontrado en el suelo y las aguas subterráneas en algunas áreas del aeropuerto y vecindarios adyacentes. Se han llevado a cabo actividades ambientales diseñadas para evaluar la extensión lateral y vertical de estos productos químicos y su remediación. Éstos estudios aún continúan en algunas áreas.
MEDIDAS DE ACCIÓN
Las medidas de acción son actividades que los departamentos, agencias y residentes de Santa Mónica pueden implementar para reducir el riesgo en la comunidad. Algunas medidas de acción tienen una aplicación en toda la comunidad, mientras que otras pueden ser implementadas de forma individual por los residentes y propietarios de negocios. Cada medida de acción identificada en la Sección 4 va seguida de la siguiente información:
Organización Coordinadora
La organización coordinadora es la agencia pública (o agencias) con responsabilidad reguladora
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para abordar y resolver el peligro identificado, o que está dispuesta y es capaz de organizar recursos y conseguir la financiación adecuada, o de supervisar la implementación, el seguimiento y la evaluación de las medidas de acción. Las organizaciones coordinadoras también pueden incluir agencias locales o regionales y entidades privadas que son capaces o responsables de implementar las actividades y programas identificados. En la Sección 4 también se incluyen las personas dentro de cada organización responsable que han sido identificadas como puntos de contacto.
Las organizaciones asociadas son agencias u organizaciones del sector público/privado que pueden ayudar a implementar las medidas de acción proporcionando a la organización coordinadora los recursos pertinentes. Organizaciones asociadas que podrían participar en la implementación de algunas de las medidas de acción identificadas se incluyen en el Directorio de Recursos (Apéndice A) del Plan. Sin embargo, la mayoría de éstas organizaciones no participaron durante la elaboración del Plan o solo lo hicieron parcialmente, por lo general participando en algunas de las reuniones y proporcionando datos específicos sobre una sección. Por lo tanto, la organización coordinadora deberá ponerse en contacto con las organizaciones asociadas para establecer si ellas están dispuestas a comprometer tiempo y recursos durante la implementación de las medidas de acción.
Posibles Fuentes Financieras y Limitaciones
Cada medida de acción va seguida de una lista de posibles fuentes de financiamiento, incluyendo los fondos municipales existentes y las subvenciones y, cuando corresponde, las posibles limitaciones de implementación. Estas limitaciones pueden incluir la falta de personal de la Ciudad para hacer el trabajo, la falta de fondos, ó la falta de derechos de propiedad adquiridos que podrían exponer a la Ciudad de Santa Mónica a acciones legales como resultado de los impactos adversos a la propiedad privada.
Cronograma
Las medidas de acción típicamente incluyen actividades tanto a corto como largo plazo. La Ciudad de Santa Mónica ha identificado principalmente acciones a corto plazo que se implementarán en los próximos cinco años, hasta el 2030, reconociendo que existen limitaciones de fondos y personal que podrían retrasar la implementación de estas medidas. La Sección 4 también enumera las medidas de acción que ya se están implementando de forma continua.
Metas del Plan Abordadas
El Plan de Mitigación debe ser monitoreado y evaluado regularmente para medir su éxito en el logro de sus metas una vez que comience la implementación. Con ese fin, cada medida de acción identifica las metas del plan que está abordando, a modo de medir el éxito de cada acción.
Políticas Complementarias del Elemento de Seguridad del Plan General La Ciudad de Santa Mónica adoptó su último Elemento de Seguridad del Plan General en febrero de 2025, y ese documento identifica varias políticas y medidas de acción diseñadas para mitigar o reducir la vulnerabilidad de la Ciudad a los mismos peligros cubiertos en este Plan de Mitigación de Riesgos Locales. Estos dos documentos están vinculados entre sí por referencia y, tras la aprobación del Concejo Municipal, el Plan de Mitigación de Riesgos Locales servirá como apéndice al Elemento de Seguridad del Plan General de la Ciudad. Las políticas del Elemento de Seguridad no tienen que implementarse en un plazo determinado, no tienen prioridad y no se
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asignan a un departamento o agencia específica de la Ciudad. Por lo tanto, al identificar las políticas del Elemento de Seguridad que se abordan en las medidas de acción enumeradas en el Plan de Mitigación, indirectamente pasan a primer plano aquellas actividades que se consideran más importantes y que deben abordarse primero. Los planes futuros pueden considerar la revisión de las políticas del Elemento de Seguridad y abordar aquellas que aún no se han cubierto en esta actualización del Plan de 2025.
¿CÓMO SE IMPLEMENTARÁ, SUPERVISARÁ Y EVALUARÁ EL PLAN?
La Sección de Mantenimiento del Plan (Sección 5) de este documento detalla el proceso formal que garantizará que el Plan de Mitigación de Riesgos Locales de Santa Mónica siga siendo un documento activo y relevante. El proceso de mantenimiento del Plan incluye un cronograma para monitorear y evaluar el Plan anualmente y producir una revisión del Plan cada cinco años. Esta sección describe cómo la Ciudad integrará la participación pública durante todo el proceso de mantenimiento del Plan. Finalmente, esta sección incluye una explicación de cómo la Ciudad propone incorporar las estrategias de mitigación descritas en este Plan en los mecanismos de planificación existentes, como el Plan General de la Ciudad, el Plan de Evacuación de la Ciudad, los Códigos de Construcción y Seguridad, y los planes de desarrollo comunitario.
Organismo Coordinador
El Comité de Planificación de la Resiliencia de la Ciudad de Santa Mónica ha sido y seguirá siendo responsable de coordinar la implementación de las medidas de acción del Plan y emprender el proceso de revisión formal. El Administrador de la Ciudad, o su persona designada, puede asignar y asignará representantes de las agencias municipales y otras organizaciones para que formen parte de este comité, según corresponda, incluyendo, entre otros, los miembros actuales del Comité de Planificación de la Resiliencia.
Convocante
El Concejo Municipal, como órgano de gobierno que tiene la responsabilidad y la autoridad de promover políticas públicas sólidas con respecto a los peligros naturales y antropogénicos, es responsable de adoptar el Plan de Mitigación de Riesgos Locales de la Ciudad de Santa Mónica y las actualizaciones del Plan. La adopción del Plan por parte del organismo rector de la jurisdicción local es uno de los requisitos principales para la aprobación del Plan por parte de FEMA y Cal OES. Se espera que el Plan aprobado se convierta en un componente importante del arsenal de documentos de planificación en los que se basa la Ciudad para aumentar la resiliencia de Santa Mónica ante los desafíos ambientales, sociales y económicos que suelen acompañar a los desastres, al mismo tiempo que promueve el desarrollo de actividades de planificación, respuesta y recuperación equitativas y ambientalmente justas que sirvan mejor a todos los miembros de la comunidad. El Comité de Planificación de la Resiliencia es responsable de la implementación del Plan. El Administrador de la Ciudad, o su designado, actúa como convocante para facilitar las reuniones del Comité de Planificación de la Resiliencia y puede asignar tareas como actualizar y presentar el Plan a los miembros del comité. La implementación y la evaluación del Plan son una responsabilidad compartida entre todos los miembros del Comité de Planificación de la Resiliencia.
Implementación a Través de Programas Existentes
La Ciudad de Santa Mónica aborda los objetivos de planificación estatales y los requisitos
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legislativos a través de su Plan General, sus Planes de Mejora de Capital, y sus Códigos de Construcción y Seguridad de la Ciudad. El Plan proporciona una serie de recomendaciones que están directamente relacionadas con las metas y los objetivos de estos programas de planificación existentes. La Ciudad de Santa Mónica tiene la responsabilidad de implementar las medidas de acción recomendadas a través de los programas y procedimientos existentes.
Análisis Económico de Proyectos de Mitigación
Un análisis costo-beneficio realizado en 2019 por el Instituto Nacional de Ciencias de la Construcción1F
2 reveló que, en promedio, cada dólar gastado en la mitigación de los riesgos proporciona al país un ahorro de hasta $13 dólares en pérdidas por desastres. Un estudio similar realizado en 2005 rindió un ahorro promedio de alrededor de $4 dólares por cada dólar invertido en la mitigación. Estos valores varían según la región geográfica y el riesgo, pero todos los análisis mostraron que el dinero que se gasta en la mitigación de los riesgos es dinero bien gastado. El estudio determinó que la adopción y aplicación de los códigos de construcción actuales es una de las formas más eficaces de aumentar la resiliencia, mientras que construir con estándares que superan los códigos requeridos puede tener efectos significativos. El estudio también reveló que la modernización de la infraestructura vital (agua, energía, transportación) tiene uno de los mayores retornos por inversión, con un ahorro de hasta $31 dólares por cada dólar invertido, con el beneficio adicional de proteger toda la economía.
Para evaluar dónde se gastaría mejor el dinero para la mitigación de desastres, la Agencia Federal para el Manejo de Emergencias (FEMA, por sus siglas en inglés) utiliza dos enfoques diferentes pero válidos para identificar y medir los costos y beneficios asociados con las estrategias o proyectos de mitigación de peligros naturales: el análisis de beneficios/costos y el análisis de costo-efectividad. La realización de un análisis de beneficios/costos para una actividad de mitigación puede ayudar a las comunidades a determinar si vale la pena emprender un proyecto ahora para evitar daños relacionados con el desastre en el futuro. El análisis de costo-efectividad evalúa la mejor manera de gastar una cantidad determinada de dinero para lograr un objetivo específico. Determinar la viabilidad económica de la mitigación de riesgos puede proporcionar a los responsables de la toma de decisiones una comprensión de los posibles beneficios y costos de una actividad, así como una base para comparar proyectos alternativos. Estos ejercicios también pueden ayudar a priorizar la implementación de los elementos de acción en función de los limitados recursos disponibles. Esto se trata con más detalle en el Apéndice C.
Proceso de Revisión Formal
El Plan de Mitigación de Riesgos Locales de Santa Mónica se evaluará anualmente para determinar la eficacia de sus programas y para reflejar los cambios en la reurbanización de terrenos o en los programas que puedan afectar las prioridades de mitigación. El proceso de evaluación incluye un calendario y un cronograma firmes, e identifica las agencias y organizaciones locales que participan en la evaluación del Plan. El convocante será responsable de contactar a los miembros del Comité de Planificación de la Resiliencia y de organizar la reunión anual. Los miembros del comité serán responsables de monitorear y evaluar el progreso de las estrategias de mitigación del Plan.
2 https://www.preventionweb.net/media/68132/download?startDownload=20251002 y https://nibs.org/projects/natural-hazard-mitigation-saves-2019-report, consultados del 6 al 7 de octubre de 2025.
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Participación Pública Continua
La Ciudad de Santa Mónica está dedicada y comprometida a involucrar al público directamente en la revisión y actualización continuas de su Plan de Mitigación de Riesgos Locales. Las copias del Plan actual y las iniciativas de actualización del Plan se publicarán en línea, en el sitio web de la Ciudad, y las copias impresas del Plan aprobado más reciente estarán disponibles en el Ayuntamiento y/o en las bibliotecas locales. La disponibilidad y ubicación de las copias impresas se publicará en el sitio web de la Ciudad y en los boletines informativos municipales. La Ciudad proporcionará una dirección de correo electrónico para que los residentes envíen comentarios y opiniones sobre el Plan y las actualizaciones futuras al Director de Resiliencia de la Ciudad.
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TABLE OF CONTENTS
SECTION ......................................................................................... PAGE # VOLUME I: MITIGATION ACTION PLAN
Executive Summary..................................................................................................... ES-1 INTRODUCTION........................................................................................................................................... ES-1 PLAN MISSION............................................................................................................................................. ES-1 PLAN’S GOALS ............................................................................................................................................ ES-1 SUMMARY OF FINDINGS ............................................................................................................................... ES-2 Earthquake Hazards............................................................................................................................ ES-2 Tsunami Hazards................................................................................................................................ ES-2 Flood Hazards.................................................................................................................................... ES-3 Wildfire and Urban Fire Hazards........................................................................................................ ES-4 Climate Change and Severe Weather Hazards.................................................................................... ES-5 Hazardous Materials........................................................................................................................... ES-5 Airport Hazards.................................................................................................................................. ES-6 ACTION ITEMS ............................................................................................................................................. ES-6 Coordinating Organization ................................................................................................................. ES-6 Potential Funding Sources and Constraints ......................................................................................... ES-7 Timeline ............................................................................................................................................. ES-7 Plan Goals Addressed......................................................................................................................... ES-7 Complementary Safety Element Policies............................................................................................. ES-7 HOW WILL THE PLAN BE IMPLEMENTED, MONITORED AND EVALUATED?............................................................. ES-8 Coordinating Body.............................................................................................................................. ES-8 Convener............................................................................................................................................ ES-8 Implementation through Existing Programs......................................................................................... ES-8 Economic Analysis of Mitigation Projects ........................................................................................... ES-8 Formal Review Process....................................................................................................................... ES-9 Continued Public Involvement ........................................................................................................... ES-9 Resumen Ejecutivo.................................................................................................... ES-10 INTRODUCCIÓN......................................................................................................................................... ES-10 MISIÓN DEL PLAN ...................................................................................................................................... ES-10 OBJETIVOS DEL PLAN .................................................................................................................................. ES-10 RESUMEN DE CONCLUSIONES ...................................................................................................................... ES-11 Riesgos Sísmicos............................................................................................................................... ES-11 Riesgos de Tsunami .......................................................................................................................... ES-11 Riesgos de Inundación...................................................................................................................... ES-12 Riesgos de Deslizamientos de Tierra................................................................................................. ES-13 Riesgos de Incendios Forestales y Urbanos....................................................................................... ES-14 El Cambio Climático y los Riesgos de Clima Extremo....................................................................... ES-15 Materiales Peligrosos........................................................................................................................ ES-15 Riesgos Aeroportuarios..................................................................................................................... ES-15 MEDIDAS DE ACCIÓN................................................................................................................................. ES-16 Organización Coordinadora ............................................................................................................. ES-16 Posibles Fuentes Financieras y Limitaciones..................................................................................... ES-17 Cronograma...................................................................................................................................... ES-17 Metas del Plan Abordadas ................................................................................................................ ES-17 Políticas Complementarias del Elemento de Seguridad del Plan General.......................................... ES-17
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TABLE OF CONTENTS (continued)
SECTION ......................................................................................... PAGE # ¿CÓMO SE IMPLEMENTARÁ, SUPERVISARÁ Y EVALUARÁ EL PLAN....................................................................... ES-18 Organismo Coordinador................................................................................................................... ES-18 Convocante ...................................................................................................................................... ES-18 Implementación a Través de Programas Existentes ........................................................................... ES-18 Análisis Económico de Proyectos de Mitigación............................................................................... ES-19 Proceso de Revisión Formal.............................................................................................................. ES-19 Participación Pública Continua ........................................................................................................ ES-20 Section 1: Introduction
WHY DEVELOP A LOCAL HAZARD MITIGATION PLAN?.......................................................................................1-2 SCOPE AND IMPACT OF THE PLAN ....................................................................................................................1-4 NATURAL HAZARD LAND USE POLICY IN CALIFORNIA........................................................................................1-5 SUPPORT FOR NATURAL HAZARD MITIGATION .................................................................................................1-6 PLAN METHODOLOGY ...................................................................................................................................1-8 Guidelines and Requirements for Mitigation Plans ...............................................................................1-8 Input From the Resilience Planning Committee ....................................................................................1-8 Hazard Specific Research ...................................................................................................................1-10 Public Participation Process and Stakeholder Surveys.........................................................................1-10 PLAN STRUCTURE.........................................................................................................................................1-12 Volume I: Mitigation Action Plan........................................................................................................1-13 Volume II: Hazard Specific Information..............................................................................................1-14 Volume III: Resources.........................................................................................................................1-15 CHANGES FROM THE 2016 PLAN...................................................................................................................1-16 Section 2: Community Profile
WHY PLAN FOR NATURAL HAZARDS IN THE CITY OF SANTA MONICA? ................................................................2-1 GEOGRAPHY AND THE ENVIRONMENT..............................................................................................................2-1 Physiographic Location and Description ..............................................................................................2-1 Major Rivers and Other Bodies of Water ..............................................................................................2-2 Climate.................................................................................................................................................2-3 Soils and Rocks.....................................................................................................................................2-5 Other Significant Geologic Features .....................................................................................................2-6 COMMUNITY HISTORY ...................................................................................................................................2-7 POPULATION AND DEMOGRAPHICS .................................................................................................................2-9 HOUSING AND COMMUNITY DEVELOPMENT...................................................................................................2-14 TRANSPORTATION, COMMUTING PATTERNS AND ESSENTIAL SERVICES ................................................................2-16 Section 3: Risk Assessment
WHAT IS A RISK ASSESSMENT? .........................................................................................................................3-1 Hazard Identification............................................................................................................................3-1 Profiling Hazard Events ........................................................................................................................3-5 Vulnerability Assessment / Inventorying Assets.....................................................................................3-6 Risk Analysis.........................................................................................................................................3-7 Assessing Vulnerability / Analyzing Development Trends.....................................................................3-8 CRITICAL FACILITIES AND INFRASTRUCTURE .......................................................................................................3-8 FEDERAL REQUIREMENTS FOR RISK ASSESSMENT...............................................................................................3-11 SUMMARY OF RISK ASSESSMENT FOR THE CITY OF SANTA MONICA ....................................................................3-12
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TABLE OF CONTENTS (continued)
SECTION ......................................................................................... PAGE # Section 4: Goals and Mitigation Actions
INTRODUCTION.............................................................................................................................................4-1 HAZARD MITIGATION OVERVIEW ....................................................................................................................4-1 National Flood Insurance Program .......................................................................................................4-1 Senate Bill 1241 and Assembly Bill 38 .................................................................................................4-2 Assembly Bill 2140...............................................................................................................................4-3 California Public Resources Code Chapter 7.5, Sections 7.5 and 7.8....................................................4-3 PLAN COMPONENTS.......................................................................................................................................4-4 Mission.................................................................................................................................................4-4 Goals....................................................................................................................................................4-4 Protect Life and Property ...................................................................................................................4-4 Strengthen Emergency Services .........................................................................................................4-4 Increase Public Awareness................................................................................................................4-4 Seek Public Participation...................................................................................................................4-5 Foster Partnerships and Implementation ............................................................................................4-5 Preserve and Enhance Natural Systems .............................................................................................4-5 Components of the Plan’s Actions ........................................................................................................4-5 Coordinating Organization................................................................................................................4-6 Timeline ............................................................................................................................................4-7 Plan Goals Addressed........................................................................................................................4-7 Constraints ........................................................................................................................................4-7 PRIORITIZATION PROCESS ...............................................................................................................................4-7 2025-2030 HAZARD MITIGATION ACTIONS...................................................................................................4-13 ADDITIONAL RESOURCES HELPFUL DURING THE IMPLEMENTATION PROCESS.......................................................4-16 Section 5: Plan Maintenance
MONITORING AND IMPLEMENTING THE PLAN....................................................................................................5-1 Plan Adoption.......................................................................................................................................5-1 Coordinating Body................................................................................................................................5-1 Convener..............................................................................................................................................5-3 Implementation through Existing Programs...........................................................................................5-3 Economic Analysis of Mitigation Projects .............................................................................................5-3 EVALUATING AND UPDATING THE PLAN...........................................................................................................5-4 Formal Review Process.........................................................................................................................5-4 Continued Public Involvement .............................................................................................................5-4 PROGRESS MADE SINCE ADOPTION OF THE 2016 PLAN .....................................................................................5-5 VOLUME II: HAZARDS
Section 6: Earthquakes
Section 7: Tsunamis
Section 8: Flood Hazards
Section 9: Landslides
Section 10: Wildfires and Urban Fires
Section 11: Climate Change and Severe Weather
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SECTION ......................................................................................... PAGE # Section 12: Hazardous Materials
Section 13: Airport Hazards
VOLUME III – APPENDICES
Appendix A: Master Resource Directory.......................................................................A-1 Appendix B: Public Participation Process and Meeting Materials..................................B-1 Appendix C: Economic Analysis of Natural Hazard Mitigation Projects........................C-1 Appendix D: Acronyms............................................................................................... D-1 Appendix E: Glossary .................................................................................................. E-1 Appendix F: California Disasters Since 1950................................................................ F-1 Appendix G: Major Dams in Los Angeles County ........................................................ G-1 Appendix H: Plates...................................................................................................... H-1 Appendix I: References................................................................................................ I-1 Appendix J: City Council Adoption Resolution............................................................. J-1
TABLES, FIGURES AND PHOTOS
Tables
Table 2-1: Mean Minimum (Min), Average (Ave) and Maximum (Max) Monthly Temperature at the Santa Monica Pier.............................................................................................................................2-3 Table 2-2: Mean Minimum (Min), Average (Ave) and Maximum (Max) Monthly Temperature at the Santa Monica Municipal Airport .......................................................................................................2-3 Table 2-3: Record Monthly Temperatures (°F) and Years of Record in Santa Monica ...............................2-4 Table 2-4: Averages of Annual Cumulative Rainfall for Santa Monica (historical and current), Los Angeles (historical and current), and San Gabriel (historical) ................................................................2-4 Table 2-5: Historical Population Counts for the City of Santa Monica ......................................................2-9 Table 2-6: Place of Birth Statistics for Santa Monica Residents Compared with California (2020 American Community Survey) ...............................................................................................................2-12 Table 2-7: Population Breakdown, by Race, in the City of Santa Monica (2020) ....................................2-13 Table 2-8: Percentage of Families and People in Santa Monica and California whose Income in the Prior 12 Months Was Below Poverty Levels (2018-2022, 5-Year Estimates) ...................................2-13 Table 2-9: Year Housing Structures in Santa Monica Were Built (and Comparison with California) .......2-14 Table 2-10: Selected Housing Characteristics in Santa Monica and California .........................................2-15 Table 2-11: Employment and Industry in Santa Monica Compared to California ......................................2-16 Table 3-1: Blank Spreadsheet Listing Hazards with the Potential to Impact the City of Santa Monica.......3-2 Table 3-2: List of Hazards Identified as Likely to Impact the City of Santa Monica, Compiled and Ranked .............................................................................................................3-3 Table 3-3: List of Maps that are Part of This Plan (Plates are in Appendix H) ............................................3-5 Table 3-4: Federal Criteria for Risk Assessment.......................................................................................3-11 Table 3-5: Critical Facilities In and Near Santa Monica at Potential Risk from the Hazards Discussed in this Plan............................................................................................................3-15 Table 4-1: Elements of the STAPLEE Process.............................................................................................4-8 Table 4-2: Criteria to Consider as Part of the STAPLEE Process.................................................................4-8