City of Santa Monica
City Council Meeting
AGENDA
CAROLINE TOROSIS
MAYOR
ELLIS RASKIN JESSE ZWICK
COUNCILMEMBER MAYOR PRO TEM
DAN HALL BARRY SNELL
COUNCILMEMBER COUNCILMEMBER
LANA NEGRETE NATALYA ZERNITSKAYA
COUNCILMEMBER COUNCILMEMBER
OLIVER C. CHI
CITY MANAGER
HEIDI VON TONGELN
CITY ATTORNEY
DENISE ANDERSON-WARREN
INTERIM CITY CLERK
STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive
public process, and tools for forging sound decisions
• Hate has no place in Santa Monica. The City opposes
abusive or threatening hate speech, intolerance, or
dehumanization, and supports basic civil respect and
human decency.
• Listen to others respectfully;
• Exercise self-control;
• Give open-minded consideration
to all viewpoints;
• Focus on the issues and avoid
personalizing debate;
Regular meetings are broadcast live on CityTV cable channel 16 and on the internet at santamonica.gov. Cable television re-broadcasts air on Thursday and Saturday at 11:30 AM. The agenda will air on CityTV on Saturday and Sunday at 11:00 AM and 6:00 PM, and on Monday and Tuesday at 12:30 PM and 6:00 PM.
City of Santa Monica Generated: 4/15/2026 11:36 AM Page 2
RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11663(CCS))
WAYS TO PROVIDE PUBLIC COMMENT
If you are interested in providing public comment at a City Council meeting, there are several ways to participate:
(1) Written public comment. In lieu of oral public comment, the public is strongly encouraged to submit written public comment on agenda items via email to [email protected]. For written public comment submitted by 12:00 pm on the day of the meeting, best efforts shall be made to have them available online for viewing. Please note the agenda item number in the subject line of your written comments.
(2) Oral public comment.
- In-person: Persons wishing to address the City Council regarding items on the agenda must be present and submit their name and address (optional) to the City Clerk before the public comment section is opened for that item or before the public hearing is opened where one is required by law. Register to speak at the Speaker Kiosk prior to the meeting. - Telephone: Persons wishing to address the Council by telephone must register at santamonica.gov/public-comment no later than 5:00 p.m. the day before a meeting. Showing electronic presentation materials are not permitted when commenting by telephone.
Oral public comment from any one individual is limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes per agenda item if speaking on multiple items. A member of the public may allocate time between items in one-minute increments up to 2 minutes and those requesting to speak on only one agendized item for the meeting may speak for up to 4 minutes on that one item. Except for noticed public hearings or quasi-judicial items, if more than 25 speakers are registered to speak during a public input section, the amount of time shall be reduced to 1 minute per speaker during that section.
Except for the author of the request, public comment on 15-items are limited to 1 minute.
Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $500 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made. Information regarding the Levine Act can be found here or you can contact the FPPC.
ORDER OF BUSINESS (may not be changed except by majority vote of the City Council.)
1. General Public Input
(Members of the public may address the City Council
only on items not on the agenda, but within the
subject matter jurisdiction of the City and on Special
Agenda Items.)
2. Special Agenda Items (Commendations and
Proclamations presented).
3. Public Comment for Consent Calendar and Closed
Sessions Only.
4. Consent Calendar (All items considered in one
motion unless removed by a City Councilmember for
discussion. No public comment is permitted on
second readings.)
5. Closed Sessions.
6. Public Comment on remaining Agenda Items
7. Study Session.
8. Continued Items.
9. Administrative Proceedings.
10. Ordinances:
• 1
st Reading
• 2
nd Reading (No public comment is
permitted on second readings.)
11. Staff Administrative Item.
12. Public Hearings.
13. Reports of Boards and Commissions.
14. Resolutions.
15. Written Communications (Other than
Reports of Commission and Officers.)
16. Councilmember Discussion Items.
Agendas and reports are accessible on the City's webpage at smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].
Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.
City of Santa Monica Generated: 4/15/2026 11:36 AM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR AND SPECIAL MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, APRIL 14, 2026
MEETING BEGINS AT 5:30 PM
HOW TO PROVIDE PUBLIC COMMENT BY TELEPHONE
Persons wishing to address the City Council by telephone must register at santamonica.gov/public-comment no later than 5:00 p.m. the day before a meeting.
Donation of time and showing electronic presentation materials are not permitted when commenting by telephone.
CALL TO ORDER
PLEDGE OF ALLEGIANCE / LAND ACKNOWLEDGEMENT
ROLL CALL
City of Santa Monica Statement of Accountability (Land Acknowledgement) The City of Santa Monica is located on the land of Tovangaar. With great respect, the City acknowledges the Gabrieleño/Tongva as the First People of this ancestral and unceded territory of Kuruvungna, a village that we know as Santa Monica. We honor their elders, past and present, and the Gabrieleño descendants who are part of the Gabrieleño /Tongva tribes.
We recognize that these peoples are still here, and as settlers and kuyam (guests), we recognize our responsibility and obligation to care for their land in partnership with them.
The City of Santa Monica commits to work in partnership with the Gabrieleño/Tongva people to uplift their voices and visibility on their ancestral land.
LEVINE ACT DISCLOSURES AND ANNOUNCEMENTS / PROCEDURAL
MOTIONS
1. GENERAL PUBLIC INPUT AND COMMENT ON SPECIAL AGENDA ITEMS (For regular meetings, public comment is permitted on Special Agenda Items and items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues City of Santa Monica Generated: 4/15/2026 11:36 AM Page 4 raised under this agenda item. For special meetings, public input is limited to scheduled Special Agenda Items only.)
1.A. Written Comments
2. SPECIAL AGENDA ITEMS
2.A. Proclamation: Arts, Culture & Creativity Month
2.B. Proclamation: National Gardening Month (50th Anniversary Community Gardens Santa Monica)
3. PUBLIC INPUT (ITEMS UNDER CONSENT CALENDAR AND CLOSED SESSION ONLY)
4. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents. No public discussion is permitted on ordinances for second reading and adoption.)
4.A. Approval of Second Modification of Agreement with Modaxo for Parking Citation Processing and Automated Bike Lane Enforcement Citations for the Department of Transportation - Duplicate Item. Already approved on 3/24/26.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a second modification to agreement #11031 in the amount of $120,000 with Modaxo Corporation for parking citation processing and payment services for automated bike lane enforcement citations for the Department of Transportation. This will result in a nine-year amended agreement with a new total amount not to exceed $13,520,000 with future year funding contingent on Council budget approval.
4.B. Adoption of Resolution Authorizing Renewal of General Services Agreement with the County of Los Angeles
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) guidelines; and
2. Adopt the attached resolution authorizing the Mayor Pro Tem to execute a General Services Agreement (GSA) with the County of Los Angeles for a fiveyear period through June 30, 2031, covering a variety of offered services City of Santa Monica Generated: 4/15/2026 11:36 AM Page 5 such as street maintenance and engineering, and emergency and health services.
4.C. Award Bid SP2658 to JM Communications for the Sewer Lateral Beach Restrooms Project
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Statutory Exemption pursuant to Section 21080.21 of the California Environmental Quality Act (CEQA) and a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) and Section 15302 (Replacement/Reconstruction) of the CEQA Guidelines.
2. Award Bid #SP2658 to JM Communications for construction services of the Beach Restrooms Sewer Lateral Repair Project for the Public Works Department; and
3. Authorize the City Manager to execute a contract with JM Communications, in an amount not to exceed $438,926 (including a 15% owners’ allowance and 10% contingency) for Beach Restrooms Sewer Lateral Repair.
4.D. Adoption of a Resolution to Join Public Risk Innovation, Solutions, and Management (PRISM), a Joint Powers Authority for City's Advanced Provider Unit (APU) Program
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Adopt the attached resolution approving the City of Santa Monica’s membership with Public Risk Innovation, Solutions, and Management (PRISM), a Joint Powers Authority, for the City’s Advanced Provider Unit (APU) Program.
4.E. Award Contract to Clariti Software, Inc. for Permitting Software Licensing, Maintenance, and Support for Permitting and Land Use Management System 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 an agreement with Clariti Software, Inc., for software licensing, maintenance, and support services associated with the City’s permitting and land use management system for the Information Services 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 $1,403,705 (including a $127,610 contingency) for three years, with future year funding contingent on Council budget approval.
City of Santa Monica Generated: 4/15/2026 11:36 AM Page 6
4.F. Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code (SMMC) Chapter 6.44, to Establish Entertainment Zones in the Downtown Core, on Portions of the Santa Monica Pier, and Along Portions of Main Street and Montana Avenues
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
4.G. Second Reading and Adoption of an Ordinance Amending SMMC Chapter
9.53, Transportation Demand Management, to Modify Mandatory Average Vehicle Ridership Survey Requirements by Modernizing Employer Survey Requirements Through a Self-Attestation Model
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
4.H. Second Reading and Adoption of an Ordinance to Amend Santa Monica Municipal Code Chapter 2.04 Relating to Civil Service Appointment and Promotional Rules
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
4.I. Second Reading and Adoption of an Ordinance to Provide for Additional Regulations Related to Sitting and Lying in the Public Right-of-Way and Possession of Open Alcoholic Beverage Containers to Coordinate with the Establishment of Entertainment Zones and Upcoming Major Events Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
4.J. City Council - Regular and Special Meeting - Mar 24, 2026 5:30 PM
4.K. City Council - Special Meeting - Mar 24, 2026 5:35 PM
5. CLOSED SESSIONS
5.A. 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.; City of Santa Monica Generated: 4/15/2026 11:36 AM Page 7 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
5.B. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):
City v. ICSOP, et al.; OCSC # 30-2022-01261243
5.C. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):
Lisa Parson v. City; LASC #25STCV37574
5.D. Conference with real estate negotiator - Gov. Code § 54956.8; property: 256 Santa Monica Pier, Santa Monica, California; City negotiator: Oliver Chi, City Manager; owner of record: City of Santa Monica; persons to be negotiated with: Sean Ahaus, California Roadhouse, Inc., a California corporation d.b.a.
California Roadhouse; under negotiation: price and terms of payment for lease
5.E. Conference with real estate negotiator - Gov. Code § 54956.8; property: 2525 Michigan (“Bergamot Station Arts Center”), Santa Monica, California; City negotiators: Oliver Chi, City Manager; owner of record: City of Santa Monica; persons to be negotiated with: Jeff Edgren, Director of Acquisitions, Affirmed Housing; Joey Hagen, Associate, Bridge Housing; Teresa Pakalski, Senior Development Manager, Community Development Partners et al; Mendel Grossbaum, Project Coordinator, Chabad; John Mimms, Vice President of Development, Michaels; Daniel Hanasab, Principal, Orum Capital; Jeremy Harris, Development Director, Owow; Luis de la Rosa, Pacific Urbanism; Jay Stark, Principal, The Pinyon Group; Anup Patel, Director of Real Estate Development, West Hollywood Community Housing Corporation; under negotiation: price and terms of payment
5.F. Public Employee Evaluation Government Code Section 54957(b): Title: City Manager, City Attorney, City Clerk
CITY MANAGER REPORT
TRAVEL ANNOUNCEMENT AND MAYOR'S HIGHLIGHT
City of Santa Monica Generated: 4/15/2026 11:36 AM Page 8
6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
. Public Input for 12-Items will be heard at the time when the Public Hearing is called.
7. STUDY SESSION
No items
8. CONTINUED ITEMS
No items
9. ADMINISTRATIVE PROCEEDINGS
No items
10. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)
10.A. Introduction and First Reading of an Ordinance to Amend Santa Monica Municipal Code Section 13.02.060 to Make Untenantable Conditions under California Civil Code Section 1941.1 subject to the City's Property Maintenance Code (Functioning Refrigerators & Stoves)
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect and Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Introduce for first reading an Ordinance amending the text of the Santa Monica Municipal Code Chapter 13.02, Property Maintenance, to include language making violations of California Civil Code 1941.1 also violations of the Santa Monica Property Maintenance code.
11. STAFF ADMINISTRATIVE ITEMS
City of Santa Monica Generated: 4/15/2026 11:36 AM Page 9
11.A. Advancing Major Events: Authorization to Negotiate and Enter Into License Agreements for Upcoming Major Events, including a World Cup Fan Festival Experience at the Santa Monica Pier in June 2026; a Music Festival event on Santa Monica Beach in September of 2026, and a Nations Village to include International Olympic Committee (IOC) satellite broadcast center, National Olympic Committee hospitality house, and brand hospitality house activation at Crescent Bay Park and portions of Lot 4 South during the LA28 Summer Olympic Games; Adoption of Resolutions to Facilitate Upcoming Major Events and Community Events; and Introduction and First Reading of an Ordinance to Amend Portions of the Santa Monica Municipal Code Chapters 4.08 (Disorderly Conduct, Nuisances, etc.), 4.12 (Noise), 4.55 (Park and Beach Code), 4.68 (Community Events), 6.112 (Street Performers), and 9.61 (Signs) to Facilitate Upcoming Major Events and Community Events
Recommended Action
Staff recommends that the City Council:
1. Adopt findings of categorical exemptions pursuant to Section 15301 (Class 1 – Existing Facilities), Section 15303 (Class 3 - New Construction or Conversion of Small Structures), Section 15311 (Class 11 - Accessory Structures), and Section 15323 (Normal Operations of Existing Facilities for Public Gathering), of the CEQA Guidelines for Ordinance amendments to facilitate the planning and execution of major special events as set forth in the staff report;
2. Adopt for introduction and first reading an ordinance to amend Chapters 4.08 (disorderly conduct, nuisances, etc.), 4.12 (noise), 4.55 (park and beach code), 4.68 (community events), 6.112 (street performers), and 9.61 (signs) to facilitate community events, as set forth in the staff report;
3. Adopt findings of categorical exemptions pursuant to Section 15301 (Class 1 – Existing Facilities), Section 15303 (Class 3 - New Construction or Conversion of Small Structures), Section 15311 (Class 11 - Accessory Structures), and Section 15323 (Normal Operations of Existing Facilities for Public Gathering) of the CEQA Guidelines for approval of the license agreement with Anheuser-Busch and Momentum to host a World Cup fan festival experience at the Santa Monica Pier in June 2026, as set forth in the staff report;
4. Authorize the City Manager to negotiate and execute a license agreement with Anheuser-Busch and Momentum to host a World Cup fan festival experience at the Santa Monica Pier in June 2026;
5. Adopt a resolution authorizing certain code exemptions during the AnheuserBusch World Cup fan festival experience, subject to the adoption and effectiveness of the Ordinance;
6. Adopt findings of categorical exemptions pursuant to Section 15301 (Class 1 – Existing Facilities), Section 15303 (Class 3 - New Construction or Conversion of Small Structures), Section 15304 (Minor Alterations to Land), and Section 15311 (Class 11 - Accessory Structures) and Section 15323 (Normal Operations of Existing Facilities for Public Gathering) of the CEQA Guidelines for approval of the license agreement with Goldenvoice, LLC, to host a music festival event on Santa Monica Beach in September of 2026; City of Santa Monica Generated: 4/15/2026 11:36 AM Page 10
7. Authorize the City Manager to negotiate and execute a license agreement with Goldenvoice LLC, to host a music festival event on Santa Monica Beach in September of 2026;
8. Adopt a resolution authorizing certain code exemptions during the Goldenvoice music festival in September of 2026, subject to the adoption and effectiveness of the Ordinance;
9. Adopt findings of categorical exemptions pursuant to Section 15301 (Class 1 – Existing Facilities), Section 15303 (Class 3 - New Construction or Conversion of Small Structures), Section 15304 (Minor Alterations to Land), Section 15311 (Class 11 - Accessory Structures), and Section 15331(Historical Resource Restoration/Rehabilitation) of the CEQA Guidelines for approval of the license agreement with Silverback, LLC, and LOIDL, LLC, and to host to host a Nations Village to include International Olympic Committee (IOC) satellite broadcast center, National Olympic Committee hospitality house, and brand hospitality house activation at Crescent Bay Park and portions of Lot 4 South during the LA28 Summer Olympic Games;
10.Authorize the City Manager to negotiate and execute a license agreement with Silverback, LLC, and LOIDL, LLC, to host a Nations Village to include International Olympic Committee (IOC) satellite broadcast center, National Olympic Committee hospitality house, and brand hospitality house activation at Crescent Bay Park and portions of Lot 4 South during the LA28 Summer Olympic Games;
11.Adopt an amendment to the Master Fee Resolution removing beach parking lot fees;and
12.Adopt a resolution rescinding Resolution No. 11708 and adopting a revised policy establishing a signature events category, designating Santa Monica Signature Events Category, identifying Santa Monica Signature Events, and authorizing waiver of City event fees for designated signature events.
12. PUBLIC HEARINGS
. SPECIAL MEETING OF THE HOUSING AUTHORITY
. ROLL CALL
12.A. Approval of Minutes for the Housing Authority Board Recommended Action
Staff recommends that the Housing Authority Board approve the minutes for the May 13, 2025, Housing Authority Board meeting.
12.B. Public Hearing and Adoption of Fiscal Year 2026-2027 Annual Public Housing Authority Plan
Recommended Action
Staff recommends the Santa Monica Housing Authority Board:
1. Hold a public hearing and receive public comment
2. Adopt the Draft Fiscal Year FY 2026-2027 Annual Plan and Progress Report for the Five-Year Plan for 2025-2030
City of Santa Monica Generated: 4/15/2026 11:36 AM Page 11
3. Adopt the FY 2026-2027 Administrative Plan
4. Authorize the Submission of the FY 2026-2027 PHA Plan which consists of the Draft Annual Plan and Progress Report, and Draft Administrative Plan to the United States Department of Housing and Urban Development
5. 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.
. ADJOURNMENT OF SPECIAL MEETING
12.C. Public Hearing and Introduction for First Reading of an Ordinance to Amend the Text of the Zoning Ordinance to Align Santa Monica Municipal Code Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential, with State Law as Modified by Santa Monica’s 6th Cycle Housing Element
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of statutory exemption from the California Environmental Quality Act (CEQA) pursuant to Government Code Section 65852.21(k); and
2. Introduce for First Reading an Ordinance amending the text of the City’s Zoning Ordinance to align Santa Monica Municipal Code Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential, with State law as modified by Santa Monica’s 6th cycle Housing Element.
3. Alternatively, the City Council has the option to: 1) Adopt a finding of statutory exemption from the California Environmental Quality Act (CEQA) pursuant to Government Code Section 65852.21(k); and 2) Introduce for First Reading an Ordinance amending the text of the City’s Zoning Ordinance to align Santa Monica Municipal Code Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential, with State law as modified by Santa Monica’s 6th cycle Housing Element, with additional amendment to maintain the State-authorized adjustment guaranteeing unit sizes of 1,500 square feet.
13. REPORTS OF BOARDS AND COMMISSIONS
No items
14. RESOLUTIONS
No items
15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND
OFFICERS
No items
16. COUNCILMEMBER DISCUSSION ITEMS
City of Santa Monica Generated: 4/15/2026 11:36 AM Page 12
16.A. Appointments to one unscheduled and one scheduled vacancy on the Building & Fire-Life Safety Commission for terms ending on June 30, 2028. (Continued from 03/24/2026)
16.B. Appointment to one scheduled vacancy on the Measure GS Resident Oversight Committee for a term ending on June 30, 2029. (Continued from 03/24/2026)
16.C. Appointment to one unscheduled vacancy on the Personnel Board for a term ending on June 30, 2027. (Continued from 03/24/2026)
16.D. Appointments to one scheduled and two unscheduled vacancies on the Transient Occupancy Tax Advisory Committee for terms ending on June 30, 2027. (Continued from 03/24/2026)
16.E. Appointment to one unscheduled vacancy on the Recreation and Parks Commission for a term ending on June 30, 2027. (Continued from 03/24/2026)
16.F. Appointment to one unscheduled vacancy on the Housing Authority Board for a term ending on June 30, 2026. (Continued from 03/24/2026)
16.G. Recommendation to accept Joseph Antognini's resignation from the Disabilities Commission and authorize the City Clerk to publish the vacancy
16.H. Request of Councilmember Hall, Mayor Pro Tempore Zwick, and Mayor Torosis that the Council direct Staff to update the City’s Responsible AI Use policy, direct the procurement of one or more enterprise AI systems, incorporate AI upskilling into staff training, and commit to a policy of workforce protection
16.I. Request by Mayor Torosis that the City Council consider allocating up to $5,000 in Council Discretionary Funds for the City to serve as a Garden Sponsor of The Growing Place’s 40th Anniversary Celebration, to be held on April 18, 2026, at Belmar Park. Mayor Torosis proposes to contribute up to $1,000 from her discretionary funds and requests that other Councilmembers consider contributing equal amounts from their respective discretionary funds to reach a total of $5,000, divided among the accounts of participating Councilmembers.
16.J. Request of Councilmember Negrete that the City Council consider directing the City Manager to return within 15 days with an implementation plan to create a centralized Business Crime Response & Recovery Portal and coordinated response system that provides immediate, streamlined access to all available City resources for businesses impacted by crime
ADJOURNMENT
Agendas and reports are accessible on the City's webpage at www.smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, City of Santa Monica Generated: 4/15/2026 11:36 AM Page 13 please contact the City Clerk’s Office at (310) 458-8211 or [email protected].
Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to [email protected]. Written comments received from the public by 12 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online. Members of the public who submit written public comment on an agenda item may be subject to the Levine Act which requires disclosure of campaign contributions of more than $500 to an officer of the City within the preceding 12 months.
City Hall and the Council Chambers are wheelchair accessible. If you require any special disability related accommodations to either attend or provide public testimony at a Council meeting (i.e. sign language interpreting, access to an amplified sound system, remote option, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917- 6626 or via email at [email protected] at least 72 hours prior to the scheduled meeting. Best efforts shall be made to accommodate requests received after the 72-hour deadline. In the case of special meetings, requests should be submitted as early as possible, but no later than noon the day of the special Council meeting.
Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.
Santa Monica Blue Bus Lines #1, #2, #3, #5, #9 and the EXPO Line serve City Hall.
Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).
City Council
Report
City Council Meeting: April 14, 2026
Agenda Item: 1.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, Interim City Clerk, Records and Election Services Department
Subject: Written Comments
Prepared By: David Yakobson, Staff Assistant III
Approved Forwarded to Council
Attachments:
A. Written Comments
1.A
Packet Pg. 14
1 David Yakobson
From: Santa Monica City Manager's Office
Sent: Wednesday, April 8, 2026 8:16 AM
To: councilmtgitems
Subject: FW: Agenda Item 1 - Please Listen to Residents on the Future of the Airport Thanks,
Amy Larkin
Administrative Staff Assistant- City Council Office
From: John D <[email protected]>
Sent: Tuesday, April 7, 2026 8:03 AM
To: Caroline Torosis <[email protected]>; Jesse Zwick <[email protected]>; Lana Negrete <[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Barry Snell <[email protected]>; Natalya Zernitskaya <[email protected]>; Council Mailbox <[email protected]>; Santa Monica City Manager's Office <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; [email protected]; Oliver Chi <[email protected]> Subject: RE: Agenda Item 1 - Please Listen to Residents on the Future of the Airport
EXTERNAL
Dear Councilmember,
I am writing because I strongly support keeping the Santa Monica Airport open while exploring ways to expand park space and community benefits.
The Santa Monica Airport is a historic and valuable resource, and decisions about its future have implications beyond city boundaries. We do not want an irreversible decision that can impact jobs, businesses, and regional connectivity. A park-only option creates enormous costs for the City at a time when Santa Monica is already facing serious budget challenges, and would likely take many years and hundreds of millions of dollars before residents see any benefit.
Most importantly, a strong majority of Santa Monica voters support keeping the airport while still having park space and businesses. We are beginning to see that sentiment translate into action, with 65 letters submitted and individuals speaking in support at the most recent City Council meeting. Those speakers made clear that Santa Monica can pursue both open space and aviation, while also positioning itself as a hub for clean air mobility and emerging aviation technologies, creating benefits that extend across the city and the broader region.
I hope the City will take the time to pursue balanced solutions that preserve this important community resource while adding new public space and amenities.
Item 1
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 2 Please listen to residents and avoid rushing toward closing the airport.
Thank you for your service to our community.
Sincerely,
John Denicola
Item 1
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 3 David Yakobson
From: Santa Monica City Manager's Office
Sent: Wednesday, April 8, 2026 8:16 AM
To: councilmtgitems
Subject: FW: Agenda Item 1 - Please Listen to Residents on the Future of the Airport Thanks,
Amy Larkin
Administrative Staff Assistant- City Council Office
-----Original Message-----
From: Tobias Baker <[email protected]>
Sent: Tuesday, April 7, 2026 5:54 PM
To: Caroline Torosis <[email protected]>; Jesse Zwick <[email protected]>; Lana Negrete <[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Barry Snell <[email protected]>; Natalya Zernitskaya <[email protected]>; Council Mailbox <[email protected]>; Santa Monica City Manager's Office <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; [email protected]; Oliver Chi <[email protected]> Subject: RE: Agenda Item 1 - Please Listen to Residents on the Future of the Airport
EXTERNAL
Dear Councilmember,
I am a Santa Monica resident and I am writing because I strongly support keeping the Santa Monica Airport open while exploring ways to expand park space and community benefits.
Even though I do not live right next to the airport, it matters to me as part of what makes Santa Monica the city it is.
We do not want an irreversible decision that can impact jobs, businesses, and city revenues that fund the services all of us rely on. A park-only option creates enormous costs for the City at a time when Santa Monica is already facing serious budget challenges, and would likely take many years and hundreds of millions of dollars before any resident sees a benefit.
Most importantly, a strong majority of Santa Monica voters support keeping the airport while still having park space and businesses. That support is becoming more visible. At the most recent City Council meeting, 65 letters were submitted and residents came forward to speak, reinforcing that many in the community believe we can have both meaningful open space and continued aviation use. Speakers highlighted the opportunity for Santa Monica to serve as a leader in clean air mobility, supporting innovation that benefits the entire city.
I hope the City will take the time to pursue solutions that preserve this important community resource while adding new public space and amenities for all Santa Monica residents.
Please listen to residents and avoid rushing toward closing the airport.
Thank you for your service to our community.
Sincerely,
Item 1
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 4 Tobias Baker
Downtown Santa Monica
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 5 David Yakobson
From: Santa Monica City Manager's Office
Sent: Wednesday, April 8, 2026 8:17 AM
To: councilmtgitems
Subject: FW: Agenda Item 1 - Please Listen to Residents on the Future of the Airport Thanks,
Amy Larkin
Administrative Staff Assistant- City Council Office
-----Original Message-----
From: Robbie <[email protected]>
Sent: Tuesday, April 7, 2026 6:37 PM
To: Caroline Torosis <[email protected]>; Jesse Zwick <[email protected]>; Lana Negrete <[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Barry Snell <[email protected]>; Natalya Zernitskaya <[email protected]>; Council Mailbox <[email protected]>; Santa Monica City Manager's Office <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; [email protected]; Oliver Chi <[email protected]> Subject: RE: Agenda Item 1 - Please Listen to Residents on the Future of the Airport
EXTERNAL
Dear Councilmember,
I am writing because I strongly support keeping the Santa Monica Airport open while exploring ways to expand park space and community benefits.
The Santa Monica Airport is a historic and valuable resource, and decisions about its future have implications beyond city boundaries. We do not want an irreversible decision that can impact jobs, businesses, and regional connectivity. A park-only option creates enormous costs for the City at a time when Santa Monica is already facing serious budget challenges, and would likely take many years and hundreds of millions of dollars before residents see any benefit.
Most importantly, a strong majority of Santa Monica voters support keeping the airport while still having park space and businesses. We are beginning to see that sentiment translate into action, with 65 letters submitted and individuals speaking in support at the most recent City Council meeting. Those speakers made clear that Santa Monica can pursue both open space and aviation, while also positioning itself as a hub for clean air mobility and emerging aviation technologies, creating benefits that extend across the city and the broader region.
I hope the City will take the time to pursue balanced solutions that preserve this important community resource while adding new public space and amenities.
Please listen to residents and avoid rushing toward closing the airport.
Thank you for your service to our community.
Sincerely,
Item 1
April 14, 2026
Item 1
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 6 Robert Bacastow
Carlsbad CA
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 7 David Yakobson
From: Santa Monica City Manager's Office
Sent: Wednesday, April 8, 2026 8:18 AM
To: councilmtgitems
Subject: FW: Agenda Item 1 - Please Listen to Residents on the Future of the Airport Thanks,
Amy Larkin
Administrative Staff Assistant- City Council Office
-----Original Message-----
From: Igor Gusarov <[email protected]>
Sent: Tuesday, April 7, 2026 9:27 PM
To: Caroline Torosis <[email protected]>; Jesse Zwick <[email protected]>; Lana Negrete <[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Barry Snell <[email protected]>; Natalya Zernitskaya <[email protected]>; Council Mailbox <[email protected]>; Santa Monica City Manager's Office <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; [email protected]; Oliver Chi <[email protected]> Subject: RE: Agenda Item 1 - Please Listen to Residents on the Future of the Airport
EXTERNAL
Dear Councilmember,
I am a Santa Monica resident who lives near the airport, and I am writing because I strongly support keeping the Santa Monica Airport open while exploring ways to expand park space and community benefits.
As someone whose daily life is directly shaped by the airport and the surrounding area, I value the activity, jobs, and services it brings to our neighborhood. We do not want an irreversible decision that can impact the local businesses and livelihoods right outside our doors. A park-only option creates enormous costs for the City at a time when Santa Monica is already facing serious budget challenges, and would likely take many years and hundreds of millions of dollars before residents like me, the ones closest to the site, see any benefit.
Most importantly, a strong majority of Santa Monica voters support keeping the airport while still having park space and businesses. We are also seeing that support turn into action. At the most recent City Council meeting, 65 letters were submitted and several individuals spoke in support of the airport, including residents who emphasized that Santa Monica does not have to choose between park space and aviation. There is a clear path to do both, while positioning the city as a hub for the clean air mobility movement already underway, bringing innovation, investment, and long-term benefits to the entire community.
I hope the City will take the time to pursue balanced solutions that preserve this important community resource while adding new public space and amenities for those of us who live nearby.
Please listen to residents and avoid rushing toward closing the airport.
Thank you for your service to our community.
Item 1
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 8 Sincerely,
Igor Gusarov
Sunset Park
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 9 David Yakobson
From: Carley Gethin <[email protected]>
Sent: Wednesday, April 8, 2026 2:07 PM
To: councilmtgitems
Subject: Beautification
EXTERNAL
Hi -
I have noticed as I drive from the PCH to the 10 and vice versa that this stretch of freeway is becoming more and more unsightly.
The bougenvillea that crosses the arch of the freeway bridge by the sears building is dead and needs removal and replanting - the tunnel is filled with soot - there is trash and debris all along this stretch - there are weeds growing through he cracks of the concrete embankments - and the planting medians adjacent to the freeway haven’t been replenished since they got hit really back by encampments and trash fires - is there a rejuvenation plan? Low native grasses and pollinators would be amazing.
I would love to feel a sense of pride driving into the city we love.
Thanks - Carley
Sent from my iPhone
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 10 David Yakobson
From: John Alle <[email protected]>
Sent: Wednesday, April 8, 2026 5:16 PM
To: Oliver Chi
Subject: Question For You Posted on X. Will we recognize you in in drag this evening for the City-sponsored event at Reed Park?
EXTERNAL
John Alle
@John__Alle
Trans does not mean Transparency in Santa Monica, today it means Transgender. Where are the audits, Oliver?
@ctorosis
@BarrySnell_CPA
@santamonicacity
@smdailypress
@SMObserved
@smcloseup
12:48 PM · Apr 8, 2026
·
158
Views
--
John E. Alle
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 11 JOHN ALLE COMPANY
THE SANTA MONICA COALITION / SAFE CITIES
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 12 David Yakobson
From: Santa Monica City Manager's Office
Sent: Thursday, April 9, 2026 8:51 AM
To: councilmtgitems
Subject: FW: Agenda Item 1 - Please Listen to Residents on the Future of the Airport Thanks,
Amy Larkin
Administrative Staff Assistant- City Council Office
From: Alvaro Valdez <[email protected]>
Sent: Wednesday, April 8, 2026 8:04 PM
To: Caroline Torosis <[email protected]>; Jesse Zwick <[email protected]>; Lana Negrete <[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Barry Snell <[email protected]>; Natalya Zernitskaya <[email protected]>; Council Mailbox <[email protected]>; Santa Monica City Manager's Office <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; [email protected]; Oliver Chi <[email protected]> Subject: RE: Agenda Item 1 - Please Listen to Residents on the Future of the Airport
EXTERNAL
Dear Councilmember,
I am a Santa Monica resident who lives near the airport, and I am writing because I strongly support keeping the Santa Monica Airport open while exploring ways to expand park space and community benefits.
As someone whose daily life is directly shaped by the airport and the surrounding area, I value the activity, jobs, and services it brings to our neighborhood. We do not want an irreversible decision that can impact the local businesses and livelihoods right outside our doors. A park-only option creates enormous costs for the City at a time when Santa Monica is already facing serious budget challenges, and would likely take many years and hundreds of millions of dollars before residents like me, the ones closest to the site, see any benefit.
Most importantly, a strong majority of Santa Monica voters support keeping the airport while still having park space and businesses. We are also seeing that support turn into action. At the most recent City Council meeting, 65 letters were submitted and several individuals spoke in support of the airport, including residents who emphasized that Santa Monica does not have to choose between park space and aviation. There is a clear path to do both, while positioning the city as a hub for the clean air mobility movement already underway, bringing innovation, investment, and long-term benefits to the entire community.
I hope the City will take the time to pursue balanced solutions that preserve this important community resource while adding new public space and amenities for those of us who live nearby.
Please listen to residents and avoid rushing toward closing the airport.
Thank you for your service to our community.
Sincerely,
Item 1
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 13 Alvaro Valdez
Sawtelle/West LA
Yahoo Mail: Search, Organize, Conquer
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 14 David Yakobson
From: John Alle <[email protected]>
Sent: Thursday, April 9, 2026 8:51 AM
To: The Santa Monica Coalition
Subject: Spring Break in Santa Monica
EXTERNAL
Santa Monica's leaders defraud and rip off residents and tourists. City says 86% of residents shop and dine outside the city.
Tour bus operators say their business is down. Downtown retailers are giving up on the city, saying they can do better elsewhere.
Insta
https://www.instagram.com/reel/DW6pH6gAjr4/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/KrA8FKmY7U0
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 15 David Yakobson
From: Santa Monica City Manager's Office
Sent: Thursday, April 9, 2026 8:52 AM
To: councilmtgitems
Subject: FW: Agenda Item 1 - Please Listen to Residents on the Future of the Airport Thanks,
Amy Larkin
Administrative Staff Assistant- City Council Office
From: [email protected] <[email protected]>
Sent: Wednesday, April 8, 2026 6:21 PM
To: Caroline Torosis <[email protected]>; Jesse Zwick <[email protected]>; Lana Negrete <[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Barry Snell <[email protected]>; Natalya Zernitskaya <[email protected]>; Council Mailbox <[email protected]>; Santa Monica City Manager's Office <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; [email protected]; Oliver Chi <[email protected]> Subject: RE: Agenda Item 1 - Please Listen to Residents on the Future of the Airport
EXTERNAL
Dear Councilmember,
I am writing to strongly support keeping the Santa Monica Airport open.
The Santa Monica Airport is a valuable resource, and decisions about its future have implications beyond city boundaries. Do not try to fix a short term problem with a permanent irreversible decision that can impact jobs, businesses, and regional connectivity.
You might be unaware that the City has so long wanted the airport gone that 50 years ago they prevented commercial development on surrounding areas and requiring single family house......whose occupants have suffered most due to airplanes making noise. This is a city caused issue.
A park-only option creates enormous costs for the City at a time when Santa Monica is already facing serious budget issues. The last few years of decisions have created what for individuals would be a benkruptcy scenario for the city budget.
Please don't defy the majority of Santa Monica voters who support keeping the airport while still having park space and businesses. That sentiment is even now translated into action, with individuals speaking in support at the most recent City Council meeting. Those speakers made clear that Santa Monica can pursue both open space and aviation, while also positioning itself as a hub for clean air Item 1
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 16 mobility and emerging aviation technologies, creating benefits that extend across the city and the broader region.
I hope the City will take 'a breath' and investigate pursuit of balanced solutions that preserve this important community resource while adding new public space and amenities. Please listen to residents and avoid rushing toward closing the airport.
Sincerely,
katherine kayak
Ocean Park
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 17 David Yakobson
From: Santa Monica City Manager's Office
Sent: Thursday, April 9, 2026 11:21 AM
To: councilmtgitems
Subject: FW: Keep the Santa Monica Airport
Thanks,
Amy Larkin
Administrative Staff Assistant- City Council Office
From: Linda Bozung <[email protected]>
Sent: Thursday, April 9, 2026 11:05 AM
To: Caroline Torosis <[email protected]>; Jesse Zwick <[email protected]>; Lana Negrete <[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Barry Snell <[email protected]>; Natalya Zernitskaya <[email protected]>; Council Mailbox <[email protected]>; Santa Monica City Manager's Office <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; [email protected]; Oliver Chi <[email protected]> Subject: Keep the Santa Monica Airport
EXTERNAL
Dear Councilmember,
When the major earthquake hits (and it will), you will be glad you kept the airport open. The citizens of this City will need water, supplies, and food. The airport might be the only way those could be delivered.
And, if you close the airport, you will be rewarding people who "came to the nuisance". Those purchasing homes near the airport paid less for their property due to the proximity of the airport. Are you now going to reward them by closing down a facility that benefits the whole City? Reconsider this decision please. Linda BozungAirport
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 18 David Yakobson
From: Santa Monica City Manager's Office
Sent: Thursday, April 9, 2026 11:00 AM
To: councilmtgitems
Subject: FW: Agenda Item 1 - Please Listen to Residents on the Future of the Airport Thanks,
Amy Larkin
Administrative Staff Assistant- City Council Office
From: Linda Bozung <[email protected]>
Sent: Thursday, April 9, 2026 11:00 AM
To: Caroline Torosis <[email protected]>; Jesse Zwick <[email protected]>; Lana Negrete <[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Barry Snell <[email protected]>; Natalya Zernitskaya <[email protected]>; Council Mailbox <[email protected]>; Santa Monica City Manager's Office <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; [email protected]; Oliver Chi <[email protected]> Subject: RE: Agenda Item 1 - Please Listen to Residents on the Future of the Airport
EXTERNAL
Dear Councilmember,
I am a Santa Monica resident and I am writing because I strongly support keeping the Santa Monica Airport open while exploring ways to expand park space and community benefits.
Even though I do not live right next to the airport, it matters to me as part of what makes Santa Monica the city it is. We do not want an irreversible decision that can impact jobs, businesses, and city revenues that fund the services all of us rely on. A park-only option creates enormous costs for the City at a time when Santa Monica is already facing serious budget challenges, and would likely take many years and hundreds of millions of dollars before any resident sees a benefit.
Most importantly, a strong majority of Santa Monica voters support keeping the airport while still having park space and businesses. That support is becoming more visible. At the most recent City Council meeting, 65 letters were submitted and residents came forward to speak, reinforcing that many in the community believe we can have both meaningful open space and continued aviation use. Speakers highlighted the opportunity for Santa Monica to serve as a leader in clean air mobility, supporting innovation that benefits the entire city.
I hope the City will take the time to pursue solutions that preserve this important community resource while adding new public space and amenities for all Santa Monica residents.
Item 1
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 19 Please listen to residents and avoid rushing toward closing the airport.
Thank you for your service to our community.
Sincerely,
Linda Bozung
ocean park
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 1 David Yakobson
From: John Alle <[email protected]>
Sent: Saturday, April 11, 2026 9:09 AM
To: The Santa Monica Coalition
Subject: Decisions Made WITHOUT Verification
EXTERNAL
The SEIU Union controls EVERY sitting Santa Monica City Council member, and every SMRR-backed council candidate in November. Why? Because the SEIU provides the construction jobs for over 9,300 state-mandated housing units. SEIU's President was Eric Swalwell's campaign manager until yesterday, when he became the first to resign from Swalwell's staff. NO Santa Monica council member researched Swalwell's past, nor did they research City Manager Oliver Chi's decisions in the last three cities where he briefly worked.
Insta
https://www.instagram.com/reel/DW_uDwJglDC/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://www.youtube.com/watch?v=9YLT-X90tFw
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 2 David Yakobson
From: Santa Monica City Manager's Office
Sent: Monday, April 13, 2026 9:52 AM
To: councilmtgitems
Subject: FW: Agenda Item 1 - Please Listen to Residents on the Future of the Airport Thanks,
Amy Larkin
Administrative Staff Assistant- City Council Office
From: Oliver Conklin <[email protected]>
Sent: Saturday, April 11, 2026 3:30 PM
To: Caroline Torosis <[email protected]>; Jesse Zwick <[email protected]>; Lana Negrete <[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Barry Snell <[email protected]>; Natalya Zernitskaya <[email protected]>; Council Mailbox <[email protected]>; Santa Monica City Manager's Office <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; [email protected]; Oliver Chi <[email protected]> Subject: RE: Agenda Item 1 - Please Listen to Residents on the Future of the Airport
EXTERNAL
Dear Councilmember,
I am writing because I strongly support keeping the Santa Monica Airport open while exploring ways to expand park space and community benefits.
As someone whose daily life is directly shaped by the airport and the surrounding area, I value the activity, jobs, and services it brings to our neighborhood. We do not want an irreversible decision that can impact the local businesses and livelihoods right outside our doors. A park-only option creates enormous costs for the City at a time when Santa Monica is already facing serious budget challenges, and would likely take many years and hundreds of millions of dollars before residents like me, the ones closest to the site, see any benefit.
Most importantly, a strong majority of Santa Monica voters support keeping the airport while still having park space and businesses. We are also seeing that support turn into action. At the most recent City Council meeting, 65 letters were submitted and several individuals spoke in support of the airport, including residents who emphasized that Santa Monica does not have to choose between park space and aviation. There is a clear path to do both, while positioning the city as a hub for the clean air mobility movement already underway, bringing innovation, investment, and long-term benefits to the entire community.
I hope the City will take the time to pursue balanced solutions that preserve this important community Item 1
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 3 resource while adding new public space and amenities for those of us who live nearby.
Please listen to residents and avoid rushing toward closing the airport. There is a better option that preserves a useful tool for the entire city. Make the right choice.
Thank you for your service to our community.
Sincerely,
Oliver Conklin
Mar Vista
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 4 David Yakobson
From: Santa Monica City Manager's Office
Sent: Monday, April 13, 2026 9:52 AM
To: councilmtgitems
Subject: FW: Agenda Item 1 - Please Listen to Residents on the Future of the Airport Thanks,
Amy Larkin
Administrative Staff Assistant- City Council Office
-----Original Message-----
From: Sophia Nahass <[email protected]>
Sent: Saturday, April 11, 2026 9:44 PM
To: Caroline Torosis <[email protected]>; Jesse Zwick <[email protected]>; Lana Negrete <[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Barry Snell <[email protected]>; Natalya Zernitskaya <[email protected]>; Council Mailbox <[email protected]>; Santa Monica City Manager's Office <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; [email protected]; Oliver Chi <[email protected]> Subject: RE: Agenda Item 1 - Please Listen to Residents on the Future of the Airport
EXTERNAL
Dear Councilmember,
I am writing because I strongly support keeping the Santa Monica Airport open while exploring ways to expand park space and community benefits.
The Santa Monica Airport is a historic and valuable resource, and decisions about its future have implications beyond city boundaries. We do not want an irreversible decision that can impact jobs, businesses, and regional connectivity. A park-only option creates enormous costs for the City at a time when Santa Monica is already facing serious budget challenges, and would likely take many years and hundreds of millions of dollars before residents see any benefit.
Most importantly, a strong majority of Santa Monica voters support keeping the airport while still having park space and businesses. We are beginning to see that sentiment translate into action, with 65 letters submitted and individuals speaking in support at the most recent City Council meeting. Those speakers made clear that Santa Monica can pursue both open space and aviation, while also positioning itself as a hub for clean air mobility and emerging aviation technologies, creating benefits that extend across the city and the broader region.
I hope the City will take the time to pursue balanced solutions that preserve this important community resource while adding new public space and amenities.
Please listen to residents and avoid rushing toward closing the airport.
Thank you for your service to our community.
Sincerely,
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 5 Sophia Nahass
Pico Neighborhood
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 6 David Yakobson
From: Santa Monica City Manager's Office
Sent: Monday, April 13, 2026 9:52 AM
To: councilmtgitems
Subject: FW: Agenda Item 1 - Please Listen to Residents on the Future of the Airport Thanks,
Amy Larkin
Administrative Staff Assistant- City Council Office
-----Original Message-----
From: olivia nahass <[email protected]>
Sent: Sunday, April 12, 2026 4:49 AM
To: Caroline Torosis <[email protected]>; Jesse Zwick <[email protected]>; Lana Negrete <[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Barry Snell <[email protected]>; Natalya Zernitskaya <[email protected]>; Council Mailbox <[email protected]>; Santa Monica City Manager's Office <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; [email protected]; Oliver Chi <[email protected]> Subject: RE: Agenda Item 1 - Please Listen to Residents on the Future of the Airport
EXTERNAL
Dear Councilmember,
I am a Santa Monica resident and I am writing because I strongly support keeping the Santa Monica Airport open while exploring ways to expand park space and community benefits.
Even though I do not live right next to the airport, it matters to me as part of what makes Santa Monica the city it is.
We do not want an irreversible decision that can impact jobs, businesses, and city revenues that fund the services all of us rely on. A park-only option creates enormous costs for the City at a time when Santa Monica is already facing serious budget challenges, and would likely take many years and hundreds of millions of dollars before any resident sees a benefit.
Most importantly, a strong majority of Santa Monica voters support keeping the airport while still having park space and businesses. That support is becoming more visible. At the most recent City Council meeting, 65 letters were submitted and residents came forward to speak, reinforcing that many in the community believe we can have both meaningful open space and continued aviation use. Speakers highlighted the opportunity for Santa Monica to serve as a leader in clean air mobility, supporting innovation that benefits the entire city.
I hope the City will take the time to pursue solutions that preserve this important community resource while adding new public space and amenities for all Santa Monica residents.
Please listen to residents and avoid rushing toward closing the airport.
Thank you for your service to our community.
Sincerely,
Item 1
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 7 olivia nahass
Pico area
Sent from my iPhone
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 8 David Yakobson
From: Santa Monica City Manager's Office
Sent: Monday, April 13, 2026 9:54 AM
To: councilmtgitems
Subject: FW: Agenda Item 1 - Please Listen to Residents on the Future of the Airport Thanks,
Amy Larkin
Administrative Staff Assistant- City Council Office
-----Original Message-----
From: Daniel Begam <[email protected]>
Sent: Sunday, April 12, 2026 9:30 PM
To: Caroline Torosis <[email protected]>; Jesse Zwick <[email protected]>; Lana Negrete <[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Barry Snell <[email protected]>; Natalya Zernitskaya <[email protected]>; Council Mailbox <[email protected]>; Santa Monica City Manager's Office <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; [email protected]; Oliver Chi <[email protected]> Subject: RE: Agenda Item 1 - Please Listen to Residents on the Future of the Airport
EXTERNAL
Dear Councilmember,
I am writing because I strongly support keeping the Santa Monica Airport open while exploring ways to expand park space and community benefits.
The Santa Monica Airport is a historic and valuable resource, and decisions about its future have implications beyond city boundaries. We do not want an irreversible decision that can impact jobs, businesses, and regional connectivity. A park-only option creates enormous costs for the City at a time when Santa Monica is already facing serious budget challenges, and would likely take many years and hundreds of millions of dollars before residents see any benefit.
Most importantly, a strong majority of Santa Monica voters support keeping the airport while still having park space and businesses. We are beginning to see that sentiment translate into action, with 65 letters submitted and individuals speaking in support at the most recent City Council meeting. Those speakers made clear that Santa Monica can pursue both open space and aviation, while also positioning itself as a hub for clean air mobility and emerging aviation technologies, creating benefits that extend across the city and the broader region.
I hope the City will take the time to pursue balanced solutions that preserve this important community resource while adding new public space and amenities.
Please listen to residents and avoid rushing toward closing the airport.
Thank you for your service to our community.
Sincerely,
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 9 Daniel Begam
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 10 David Yakobson
From: Santa Monica City Manager's Office
Sent: Monday, April 13, 2026 9:54 AM
To: councilmtgitems
Subject: FW: Agenda Item 1 - Please Listen to Residents on the Future of the Airport Thanks,
Amy Larkin
Administrative Staff Assistant- City Council Office
-----Original Message-----
From: Anne Trear <[email protected]>
Sent: Sunday, April 12, 2026 11:07 PM
To: Caroline Torosis <[email protected]>; Jesse Zwick <[email protected]>; Lana Negrete <[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Barry Snell <[email protected]>; Natalya Zernitskaya <[email protected]>; Council Mailbox <[email protected]>; Santa Monica City Manager's Office <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; [email protected]; Oliver Chi <[email protected]> Subject: RE: Agenda Item 1 - Please Listen to Residents on the Future of the Airport
EXTERNAL
Dear Councilmember,
I am writing because I strongly support keeping the Santa Monica Airport open while exploring ways to expand park space and community benefits.
The Santa Monica Airport is a historic and valuable resource, and decisions about its future have implications beyond city boundaries. We do not want an irreversible decision that can impact jobs, businesses, and regional connectivity. A park-only option creates enormous costs for the City at a time when Santa Monica is already facing serious budget challenges, and would likely take many years and hundreds of millions of dollars before residents see any benefit.
Most importantly, a strong majority of Santa Monica voters support keeping the airport while still having park space and businesses. We are beginning to see that sentiment translate into action, with 65 letters submitted and individuals speaking in support at the most recent City Council meeting. Those speakers made clear that Santa Monica can pursue both open space and aviation, while also positioning itself as a hub for clean air mobility and emerging aviation technologies, creating benefits that extend across the city and the broader region.
I hope the City will take the time to pursue balanced solutions that preserve this important community resource while adding new public space and amenities.
Please listen to residents and avoid rushing toward closing the airport.
Thank you for your service to our community.
Sincerely,
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 11 Anne Trear
Sunset Park
Sent from my iPhone
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 1 David Yakobson
From: Santa Monica City Manager's Office
Sent: Monday, April 13, 2026 3:07 PM
To: councilmtgitems
Subject: FW: Agenda Item 1 - Please Listen to Residents on the Future of the Airport Thanks,
Amy Larkin
Administrative Staff Assistant- City Council Office
From: [email protected] <[email protected]>
Sent: Monday, April 13, 2026 11:34 AM
To: Caroline Torosis <[email protected]>; Jesse Zwick <[email protected]>; Lana Negrete <[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Barry Snell <[email protected]>; Natalya Zernitskaya <[email protected]>; Council Mailbox <[email protected]>; Santa Monica City Manager's Office <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; [email protected]; Oliver Chi <[email protected]> Subject: RE: Agenda Item 1 - Please Listen to Residents on the Future of the Airport
EXTERNAL
Dear Councilmember,
I am writing because I strongly support keeping the Santa Monica Airport open while exploring ways to expand park space and community benefits.
The Santa Monica Airport is a historic and valuable resource, and decisions about its future have implications beyond city boundaries. We do not want an irreversible decision that can impact jobs, businesses, and regional connectivity. A park-only option creates enormous costs for the City at a time when Santa Monica is already facing serious budget challenges, and would likely take many years and hundreds of millions of dollars before residents see any benefit.
Most importantly, a strong majority of Santa Monica voters support keeping the airport while still having park space and businesses. We are beginning to see that sentiment translate into action, with 65 letters submitted and individuals speaking in support at the most recent City Council meeting.
Those speakers made clear that Santa Monica can pursue both open space and aviation, while also positioning itself as a hub for clean air mobility and emerging aviation technologies, creating benefits that extend across the city and the broader region.
I hope the City will take the time to pursue balanced solutions that preserve this important community resource while adding new public space and amenities.
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 2 Please listen to residents and avoid rushing toward closing the airport.
Thank you for your service to our community.
Sincerely,
Arturo Sequeira
Santa Clarita
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 1 David Yakobson
From: Paula Jones <[email protected]>
Sent: Friday, April 10, 2026 3:59 PM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Council Mailbox; Oliver Chi Subject: Do Not Move SAMO Shell to Community
EXTERNAL
Please do not move samo shell into residential communities in south santa monica.
You have given everything to north of wilshire/north of montana and are now looking to relocate deranged lunatics to south santa monica. This is so unfair. We do not deserve being burdened with criminal, mentally ill lunatics in our neighborhoods or even adjacent to our neighborhoods.
Samo Shell is on the freeway not near kids where it belongs. If you enforce the laws - you can stop these crazies from entering downtown santa monica. The last thing we need is to place these folks near children, families, and old people. They assault people. They poop on the street; they litter; they do drugs; they are naked. There is no law enforcement for all of their crimes.
The entire span of 25th Street are illegal vans/camper vans/oversized vehicles and the City does nothing. These people in the vans and cars could be ax murderers, child molesters or anything else. We don't know because they have no addresses and the police do not enforce parking or traffic violations. Everything is a free for all here - no consequences.
That is why there are deaths on the street -- if there are no consequences, there is no compliance. Arrest these law violators, send them back to where they came from. They are not from Santa Monica and commit 90% of the cities' crimes.
And who is investigating councilperson tsrosssis who is using her position in santa monica in a seemingly illegal way to get elevated in her job for the county. This seems completely unfair; I don't know, but she appears to be foisting homeless and sky rises in our community in order to curry favor with her bosses. Has anyone looked into the ethical issues associated with her votes and positions along with what her county supervisor overlords want her to push on Santa Monica? She could be getting promotions and other perks of the job at the County by making Santa Monica suffer with being burdened with the homeless population, and construction that our streets / sewers cannot handle. Jessee Z was recused - so she's next hopefully.
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 1 David Yakobson
From: Council Mailbox
Sent: Monday, April 13, 2026 5:07 PM
To: councilmtgitems
Subject: FW: Agenda Item 1 - Please Listen to Residents on the Future of the Airport From: [email protected] <[email protected]>
Sent: Monday, April 13, 2026 11:34 AM
To: Caroline Torosis <[email protected]>; Jesse Zwick <[email protected]>; Lana Negrete <[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Barry Snell <[email protected]>; Natalya Zernitskaya <[email protected]>; Council Mailbox <[email protected]>; Santa Monica City Manager's Office <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; [email protected]; Oliver Chi <[email protected]> Subject: RE: Agenda Item 1 - Please Listen to Residents on the Future of the Airport
EXTERNAL
Dear Councilmember,
I am writing because I strongly support keeping the Santa Monica Airport open while exploring ways to expand park space and community benefits.
The Santa Monica Airport is a historic and valuable resource, and decisions about its future have implications beyond city boundaries. We do not want an irreversible decision that can impact jobs, businesses, and regional connectivity. A park-only option creates enormous costs for the City at a time when Santa Monica is already facing serious budget challenges, and would likely take many years and hundreds of millions of dollars before residents see any benefit.
Most importantly, a strong majority of Santa Monica voters support keeping the airport while still having park space and businesses. We are beginning to see that sentiment translate into action, with 65 letters submitted and individuals speaking in support at the most recent City Council meeting.
Those speakers made clear that Santa Monica can pursue both open space and aviation, while also positioning itself as a hub for clean air mobility and emerging aviation technologies, creating benefits that extend across the city and the broader region.
I hope the City will take the time to pursue balanced solutions that preserve this important community resource while adding new public space and amenities.
Please listen to residents and avoid rushing toward closing the airport.
Thank you for your service to our community.
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 2 Sincerely,
Arturo Sequeira
Santa Clarita
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 3 David Yakobson
From: Council Mailbox
Sent: Monday, April 13, 2026 5:08 PM
To: councilmtgitems
Subject: FW: Agenda Item 1 - Please Listen to Residents on the Future of the Airport -----Original Message-----
From: Anne Trear <[email protected]>
Sent: Sunday, April 12, 2026 11:07 PM
To: Caroline Torosis <[email protected]>; Jesse Zwick <[email protected]>; Lana Negrete <[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Barry Snell <[email protected]>; Natalya Zernitskaya <[email protected]>; Council Mailbox <[email protected]>; Santa Monica City Manager's Office <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; [email protected]; Oliver Chi <[email protected]> Subject: RE: Agenda Item 1 - Please Listen to Residents on the Future of the Airport
EXTERNAL
Dear Councilmember,
I am writing because I strongly support keeping the Santa Monica Airport open while exploring ways to expand park space and community benefits.
The Santa Monica Airport is a historic and valuable resource, and decisions about its future have implications beyond city boundaries. We do not want an irreversible decision that can impact jobs, businesses, and regional connectivity. A park-only option creates enormous costs for the City at a time when Santa Monica is already facing serious budget challenges, and would likely take many years and hundreds of millions of dollars before residents see any benefit.
Most importantly, a strong majority of Santa Monica voters support keeping the airport while still having park space and businesses. We are beginning to see that sentiment translate into action, with 65 letters submitted and individuals speaking in support at the most recent City Council meeting. Those speakers made clear that Santa Monica can pursue both open space and aviation, while also positioning itself as a hub for clean air mobility and emerging aviation technologies, creating benefits that extend across the city and the broader region.
I hope the City will take the time to pursue balanced solutions that preserve this important community resource while adding new public space and amenities.
Please listen to residents and avoid rushing toward closing the airport.
Thank you for your service to our community.
Sincerely,
Anne Trear
Sunset Park
Sent from my iPhone
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 4 David Yakobson
From: Council Mailbox
Sent: Monday, April 13, 2026 5:08 PM
To: councilmtgitems
Subject: FW: Agenda Item 1 - Please Listen to Residents on the Future of the Airport -----Original Message-----
From: Daniel Begam <[email protected]>
Sent: Sunday, April 12, 2026 9:30 PM
To: Caroline Torosis <[email protected]>; Jesse Zwick <[email protected]>; Lana Negrete <[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Barry Snell <[email protected]>; Natalya Zernitskaya <[email protected]>; Council Mailbox <[email protected]>; Santa Monica City Manager's Office <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; [email protected]; Oliver Chi <[email protected]> Subject: RE: Agenda Item 1 - Please Listen to Residents on the Future of the Airport
EXTERNAL
Dear Councilmember,
I am writing because I strongly support keeping the Santa Monica Airport open while exploring ways to expand park space and community benefits.
The Santa Monica Airport is a historic and valuable resource, and decisions about its future have implications beyond city boundaries. We do not want an irreversible decision that can impact jobs, businesses, and regional connectivity. A park-only option creates enormous costs for the City at a time when Santa Monica is already facing serious budget challenges, and would likely take many years and hundreds of millions of dollars before residents see any benefit.
Most importantly, a strong majority of Santa Monica voters support keeping the airport while still having park space and businesses. We are beginning to see that sentiment translate into action, with 65 letters submitted and individuals speaking in support at the most recent City Council meeting. Those speakers made clear that Santa Monica can pursue both open space and aviation, while also positioning itself as a hub for clean air mobility and emerging aviation technologies, creating benefits that extend across the city and the broader region.
I hope the City will take the time to pursue balanced solutions that preserve this important community resource while adding new public space and amenities.
Please listen to residents and avoid rushing toward closing the airport.
Thank you for your service to our community.
Sincerely,
Daniel Begam
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 5 David Yakobson
From: Council Mailbox
Sent: Monday, April 13, 2026 5:09 PM
To: councilmtgitems
Subject: FW: Agenda Item 1 - Please Listen to Residents on the Future of the Airport
-----Original Message-----
From: olivia nahass <[email protected]>
Sent: Sunday, April 12, 2026 4:49 AM
To: Caroline Torosis <[email protected]>; Jesse Zwick <[email protected]>; Lana Negrete <[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Barry Snell <[email protected]>; Natalya Zernitskaya <[email protected]>; Council Mailbox <[email protected]>; Santa Monica City Manager's Office <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; [email protected]; Oliver Chi <[email protected]> Subject: RE: Agenda Item 1 - Please Listen to Residents on the Future of the Airport
EXTERNAL
Dear Councilmember,
I am a Santa Monica resident and I am writing because I strongly support keeping the Santa Monica Airport open while exploring ways to expand park space and community benefits.
Even though I do not live right next to the airport, it matters to me as part of what makes Santa Monica the city it is.
We do not want an irreversible decision that can impact jobs, businesses, and city revenues that fund the services all of us rely on. A park-only option creates enormous costs for the City at a time when Santa Monica is already facing serious budget challenges, and would likely take many years and hundreds of millions of dollars before any resident sees a benefit.
Most importantly, a strong majority of Santa Monica voters support keeping the airport while still having park space and businesses. That support is becoming more visible. At the most recent City Council meeting, 65 letters were submitted and residents came forward to speak, reinforcing that many in the community believe we can have both meaningful open space and continued aviation use. Speakers highlighted the opportunity for Santa Monica to serve as a leader in clean air mobility, supporting innovation that benefits the entire city.
I hope the City will take the time to pursue solutions that preserve this important community resource while adding new public space and amenities for all Santa Monica residents.
Please listen to residents and avoid rushing toward closing the airport.
Thank you for your service to our community.
Sincerely,
olivia nahass
Pico area
Sent from my iPhone
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 6 David Yakobson
From: Council Mailbox
Sent: Monday, April 13, 2026 5:09 PM
To: councilmtgitems
Subject: FW: Agenda Item 1 - Please Listen to Residents on the Future of the Airport -----Original Message-----
From: Sophia Nahass <[email protected]>
Sent: Saturday, April 11, 2026 9:44 PM
To: Caroline Torosis <[email protected]>; Jesse Zwick <[email protected]>; Lana Negrete <[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Barry Snell <[email protected]>; Natalya Zernitskaya <[email protected]>; Council Mailbox <[email protected]>; Santa Monica City Manager's Office <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; [email protected]; Oliver Chi <[email protected]> Subject: RE: Agenda Item 1 - Please Listen to Residents on the Future of the Airport
EXTERNAL
Dear Councilmember,
I am writing because I strongly support keeping the Santa Monica Airport open while exploring ways to expand park space and community benefits.
The Santa Monica Airport is a historic and valuable resource, and decisions about its future have implications beyond city boundaries. We do not want an irreversible decision that can impact jobs, businesses, and regional connectivity. A park-only option creates enormous costs for the City at a time when Santa Monica is already facing serious budget challenges, and would likely take many years and hundreds of millions of dollars before residents see any benefit.
Most importantly, a strong majority of Santa Monica voters support keeping the airport while still having park space and businesses. We are beginning to see that sentiment translate into action, with 65 letters submitted and individuals speaking in support at the most recent City Council meeting. Those speakers made clear that Santa Monica can pursue both open space and aviation, while also positioning itself as a hub for clean air mobility and emerging aviation technologies, creating benefits that extend across the city and the broader region.
I hope the City will take the time to pursue balanced solutions that preserve this important community resource while adding new public space and amenities.
Please listen to residents and avoid rushing toward closing the airport.
Thank you for your service to our community.
Sincerely,
Sophia Nahass
Pico Neighborhood
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 7 David Yakobson
From: Council Mailbox
Sent: Monday, April 13, 2026 5:10 PM
To: councilmtgitems
Subject: FW: Agenda Item 1 - Please Listen to Residents on the Future of the Airport From: Oliver Conklin <[email protected]>
Sent: Saturday, April 11, 2026 3:30 PM
To: Caroline Torosis <[email protected]>; Jesse Zwick <[email protected]>; Lana Negrete <[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Barry Snell <[email protected]>; Natalya Zernitskaya <[email protected]>; Council Mailbox <[email protected]>; Santa Monica City Manager's Office <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; [email protected]; Oliver Chi <[email protected]> Subject: RE: Agenda Item 1 - Please Listen to Residents on the Future of the Airport
EXTERNAL
Dear Councilmember,
I am writing because I strongly support keeping the Santa Monica Airport open while exploring ways to expand park space and community benefits.
As someone whose daily life is directly shaped by the airport and the surrounding area, I value the activity, jobs, and services it brings to our neighborhood. We do not want an irreversible decision that can impact the local businesses and livelihoods right outside our doors. A park-only option creates enormous costs for the City at a time when Santa Monica is already facing serious budget challenges, and would likely take many years and hundreds of millions of dollars before residents like me, the ones closest to the site, see any benefit.
Most importantly, a strong majority of Santa Monica voters support keeping the airport while still having park space and businesses. We are also seeing that support turn into action. At the most recent City Council meeting, 65 letters were submitted and several individuals spoke in support of the airport, including residents who emphasized that Santa Monica does not have to choose between park space and aviation. There is a clear path to do both, while positioning the city as a hub for the clean air mobility movement already underway, bringing innovation, investment, and long-term benefits to the entire community.
I hope the City will take the time to pursue balanced solutions that preserve this important community resource while adding new public space and amenities for those of us who live nearby.
Please listen to residents and avoid rushing toward closing the airport. There is a better option that preserves a useful tool for the entire city. Make the right choice.
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 8 Thank you for your service to our community.
Sincerely,
Oliver Conklin
Mar Vista
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 1 David Yakobson
From: John Alle <[email protected]>
Sent: Tuesday, April 14, 2026 10:59 AM
To: The Santa Monica Coalition
Subject: No Background Checks By Any of Our City Council Members. Swayed by Charm and Promised Union Money
EXTERNAL
Santa Monica City Council members who organized a soiree for Eric Swalwell at Santa Monica High School did zero research on him. Verifiable information on Swalwell was publicly available on X for months. What else is City Council failing to perform due diligence on?
Insta
https://www.instagram.com/reel/DXHqW7yAuus/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/LgBcbhyxE0Q
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 1 David Yakobson
From: Mary <[email protected]>
Sent: Tuesday, April 14, 2026 10:19 AM
To: Oliver Chi; Caroline Torosis; Lana Negrete; Ellis Raskin; Jesse Zwick; Dan Hall; Natalya Zernitskaya; Barry Snell
Cc: councilmtgitems
Subject: Keep our Main Street Farmers Market location
EXTERNAL
Dear City Manager Chi, Mayor Torosis and City Councilmembers; I urge you to keep our Sunday Main Street Farmers Market in its current location and operating mode.
I understand that the Victorian adJacent to this site on Main Street is wanting to turn their business into an elite private member’s only event club. And to do this they want to take over the space that has been used on Sunday mornings by our community for 31 years as our Ocean Park Farmers Market and community gathering spot. The Victorian has historically hosted private events and did not need to move or eliminate our Main Street Farmers Market in the process.
It is the only Farmers Market on this side of town. It supports Ocean Park and other nearby residents. And it’s more than that. The residents and farmers enjoy it because of its safe, secure, and intimate layout. We would lose these and many other features that make it a welcoming gathering place for families and anyone who enjoys the music, visiting small business venders on the site and participating in other activities that are all part of this unique Farmers Market experience.
There has been no public outreach. We don’t have any information regarding the potential impacts on parking in our neighborhoods, or how it will negatively impact the Farmers Market farmers, businesses on Main Street who would then have to endure every Sunday 4:00am-4:00pm street closures. What are the financial impacts of this possible move to Main Street? Lack of access to Parking meters will need to be paid by someone.
Please keep our beloved Farmers Market as is. Don’t push us out onto the street.
Thank you for hearing our concerns.
Mary Hubbell
Ocean Park
Sent from my iPad
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 1 David Yakobson
From: [email protected]
Sent: Tuesday, April 14, 2026 11:56 AM
To: councilmtgitems
Subject: Los Ángeles Artist Series
Attachments: L.A.Artist Series 26' (5).pdf
EXTERNAL
Dear City Council, City Employees and Residents,
I would like to offer you the opportunity to look at my proposal for a Los Angeles Artist Series at the building located at 302 Colorado Ave. Santa Monica, CA. I have attached a copy but if it does not render you can see the presentation at https://artistseries.com My conservative estimate is that this project would bring in over 1 million visitors a year, resulting in $11B+ in economic activity over 25 years to the downtown area. I encourage you to support this project and make sure I have an opportunity to acquire this building for a Los Angeles Artist Series! Sincerely,
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.
Joe DiRosa
Founder, CEO
Artist Series, Seedlings, Tartare, BrainPower
213-STAGE-LA
(213-782-4352)
[email protected]
www.seedlings.vc
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) Item 1
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Attachment: Written Comments [Revision 1] (7678 : Written Item 1
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Attachment: Written Comments [Revision 1] (7678 : Written 1 2
3 4
1. SMP Parking
2. Civic Parking
3. I-10 Entry / Exit
4. E Transit Line
Transit
● Plenty of Parking
● Additional Civic Parking
● Easy access to I-10
● E Train across street
● SMP Bus Station across street
● Park + Ride (E-Train)
● Increase Transit Riders
● Attraction Near Pier
● Limit Traffic (I-10 Access)
● No Residential Neighbors
For large events or concerts, this
property represents the least
impact to traffic and the most
public transit options and zero
residential neighbors. Vehicle traffic
would naturally back up on I-10 and
would have limited affect on the
downtown area due to avail parking.
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Attachment: Written Comments [Revision 1] (7678 : Written Property is a great fit to
host red carpet events like
film premieres, album
launches, and award
shows.
The large parking lot allows
us to host these events
downtown and not have to
close streets to traffic.
The parking lot has a
natural traffic loop, seen on
the next slide, that will
allow us to set up a red
carpet as seen here and
allow drivers to exit onto
4th street and head
towards the empty lots near
the Civic to wait.
If you look closely, the
former pick up windowseen
in this photo can act as a
venue ticket window when
required.
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Attachment: Written Comments [Revision 1] (7678 : Written Outdoor Stage Setup
The view from the I-10 would allow for a digital LED billboard to advertise events and concerts if desired.
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Attachment: Written Comments [Revision 1] (7678 : Written Art Week
● 100 - 500 Artists
● Corp Events
● Restaurant+Hotel+Taxes
● Expansion to other
Venues
● PR + Marketing
● 7 Days of Events
● 100,000+ Visitors
Annually
Expansion to other venues
Restaurant + Shopping $$
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Attachment: Written Comments [Revision 1] (7678 : Written Music Week
● 50+ Performances
● 50+ Bands
● After Parties
● Corp Engagement
● Publicity
● Jobs
● Hotel+Parking+Taxes
● 100,000 visitors
● 7 - 10 days
Annually or Bi-Annually
Expansion to other venues
Restaurant + Shopping $$
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Attachment: Written Comments [Revision 1] (7678 : Written Fashion Week
● 30 - 50 Fashion Shows
● Designers, Buyers,
Models, Makeup
Stylists, PR, Events,
Media
● PR + Marketing
● 7-10 days
● 6 Locations on
Property
● Expansion to other
Venues
● Hotel+Parking+Taxes
● Restaurant+Shopping
● Bi-Annually
● Spring + Fall
● After Parties
● Corp Engagement
● 50,000 - 100,000
visitors
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Attachment: Written Comments [Revision 1] (7678 : Written Art Week
+
Fashion Week
+
Film Festival
+
Music Week
=
40+ Days
10k+ Visitors a day!
Hotel Taxes
Parking
Restaurant
Shopping
PR/Marketing
Property Value $$
The film festival was originally planned to include the three movie theaters on the promenade and Santa Monica Place but we can still incorporate local theaters and expand to include theaters in Marina del Rey, Westwood and Culver City.
L.A. Artist Series
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Attachment: Written Comments [Revision 1] (7678 : Written ● Wine Tastings
● DJ Events
● Liquor Tastings
● Live Music
● Comedy
● Open Mic Night
● Cast Parties
● Product Launches
● Book Launches
● Movie Premieres
● Fashion Shows
Smaller events
200 - 400 people.
These events are programmed
in as counter programming to
our larger events and when our
main space is rented for
production.
Art Gallery Events
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Attachment: Written Comments [Revision 1] (7678 : Written A combination of window LED
technology, digital light projection,
wrapping and an LED billboard on
the I-10 will provide a multitude of
cutting edge technology delivering
unique brand experiences for
events and production.
These unique technologies and the
completely commercial
surroundings will limit light pollution
for residents of the city.
A separate security report details
the challenges of running one of
the worlds most trafficked art
galleries, concerts, and
productions all in the same
property.
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Attachment: Written Comments [Revision 1] (7678 : Written Best Part
I am offering to create a
deed restriction that will
keep the property from
being used for anything
else than a Los Angeles
Artist Series.
This not only helps the city,
county and state with an
arts driven, economic
engine that promotes the
area but in the Artist Series
Inc. business model, it
actually helps out longterm
value.
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Attachment: Written Comments [Revision 1] (7678 : Written Contact
Joe DiRosa
[email protected]
213-STAGE-LA (213-782-4352)
Artist Series plans to open a network of locally branded Artist Series locations in over 75 cities worldwide. Taking all the IP from the previously published New York Artist Series, L.A. Artist Series &, Miami Artist Series along with a good bit more, this ambitious project is the future of the arts & entertainment industry.
A couple of missed opportunities that others may regret, acquiring the Limelight in NY for a New York Artist Series & acquiring FUSE TV for $350m.
IP: ArtistSeries.com as well as artistseries.tv, artistseries.biz, artistseries.info, artistseries.us, artistseries.ca, artistseries.uk, artistseries.co.uk, newyorkartistseries.com, laartistseries.com, & miamiartistseries.com.
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Attachment: Written Comments [Revision 1] (7678 : Written 2 David Yakobson
From: Santa Monica Ballet Folklorico <[email protected]> Sent: Tuesday, April 14, 2026 3:20 PM
To: Council Mailbox
Cc: councilmtgitems
Subject: Fwd: 2800 Airport Ave Bungalow Follow-Up
Attachments: keys.jpg
EXTERNAL
Good Afternoon Council Members and Mayor,
As some of you may know, We / Santa Monica Ballet Folklorico has served our Community for the past 20 years.
We have served as a Cultural center. Though we don't have our own space.
We Rent space.
1. Mayan Calendar workshops
2. Cacao Ceremony
3. Native Mens Circle
4. Native Women's circle
5. Native Elders Circle
6. Hawaiian Elders Visits
7. Native Gardening group
8. Mexican Actors Rehearsals and workshops
9. Yoga
10. Aztec Dance classes
11. Aztec Drum classes
12. Ballet Folklorico Dance classes
13. Belly Dance (North African) classes
14. Hawaiian Dance classes
15.Cultural performances
16. Nahuatl Language classes
17.Certified 'Green Business'
We applied for a performing Art space with the Santa Monica Airport in late 2024.
The application process went into 2025
1. Online forms
2. Emails
3. Text messages
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 3 4. phone calls.
5. in person meetings
6. deposits
7. Updating our Business insurance (Yes, there was a charge for Me) After all of this for months, I was told we would be receiving our keys. That was prolonged and put off and then eventually blamed on the City Manager.
Then later Blamed on some Rule from 2018
I have since spoken with several employees from The Cultural Affairs/Parks Recreation/Airport. To no avail.
Jonathan Bonilla
Rya
Patricia Garza
Sofia
Jenny
Since we are Announcing A
Proclamation: Arts, Culture & Creativity Month
Let's actually put some Action to it.
Can you please Find Artists Spaces for us Santa Monica Resident Artists?? There are several options.
1. Community Corporation Commercial spaces (currently leased out to NON SM residents)
2. SM Airport
3. Bergamot Art Studios
4. Empty Third street promenade
5. Countless other Empty spaces in Santa Monica
Thank You,
Gina DeBaca
Executive Director
Santa Monica Ballet Folklorico Dance Company and Cultural Center 310-266-2810
Santa Monica, Ca 90405
https://www.instagram.com/santamonicaballetfolklorico/
https://www.bonfire.com/dance-spirit-wear/
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 4 http://youtube.com/post/UgkxvBteVqeNqEjazUECyZjyrQwiadpUk45M?si=jvJxnHLmGJgaROak https://anc.apm.activecommunities.com/santamonicarecreation/activity/search/detail/104637?online SiteId=0&from_original_cui=true
'Keeping Culture Alive on The WestSide'
Current Classes:
Aztec Dance
Ballet Folklorico
BellyDance
Hawaiian Dance
Upcoming Performances:
Saturday, April 25th @ 10am
Arts & Literacy Festival
Virginia Park
Saturday, May 2nd
Hawaiian Festival
Marina del Rey
Sunday, May 17th
Topanga Banjo & Fiddle Festival
Agoura Hills
https://www.topangabanjofiddle.org/
Sunday, June 28th @ 9am
360 Beach Sports Event
Santa Monica Pier
https://www.santamonicapier.org/pier360
Saturday, July 4 @ 9am
Santa Monica 4th of July Parade
Main Street
https://www.santamonicaparade.com/
Saturday, October 31st @ 8am
Los Muertos Run
Olvera Street
https://losmuertos5k.com/
-Tongva Land-
---------- Forwarded message ---------
From: AirportArtStudios <[email protected]> Date: Fri, Mar 14, 2025 at 4:31 PM
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) 5 Subject: 2800 Airport Ave Bungalow Follow-Up
To: Santa Monica Ballet Folklorico <[email protected]> Hi Gina,
Thank you for your patience as we reviewed the interest forms for artist studio space at 2800 Airport Ave.
We are excited to move you to the next step in this process! My colleagues at airport administration will be in touch next week to move towards leasing the space.
Thank you again and I hope that everything works out to have you at the airport with us! Patricia
Patricia Garza (they/them)
Cultural Affairs Supervisor
santamonica.gov/arts
Facebook | Twitter | Instagram
Subscribe to Santa Monica Cultural Affairs Email Updates Subscribe to City of Santa Monica Email Updates
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Attachment: Written Comments [Revision 1] (7678 : Written Comments) City Council
Report
City Council Meeting: April 14, 2026
Agenda Item: 2.A
1 of 1
To: Mayor and City Council
From: Oliver Chi, City Manager, City Manager's Office
Subject: Proclamation: Arts, Culture & Creativity Month Prepared By: Amy Larkin, Staff Assistant III
Approved Forwarded to Council
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City Council
Report
City Council Meeting: April 14, 2026
Agenda Item: 2.B
1 of 1
To: Mayor and City Council
From: Oliver Chi, City Manager, City Manager's Office
Subject: Proclamation: National Gardening Month (50th Anniversary Community Gardens Santa Monica)
Prepared By: Amy Larkin, Staff Assistant III
Approved Forwarded to Council
Attachments:
A. PowerPoint Presentation
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Report
City Council Meeting: April 14, 2026
Agenda Item: 4.A
1 of 5
To: Mayor and City Council
From: Anuj Gupta, Director of Transportation, Parking Operations (DOT) Subject: Approval of Second Modification of Agreement with Modaxo for Parking Citation Processing and Automated Bike Lane Enforcement Citations for the Department of Transportation
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a second modification to agreement #11031 in the amount of $120,000 with Modaxo Corporation for parking citation processing and payment services for automated bike lane enforcement citations for the Department of Transportation. This will result in a nine-year amended agreement with a new total amount not to exceed $13,520,000 with future year funding contingent on Council budget approval.
Executive Summary
In Fiscal Year 2024-25, the City of Santa Monica (City) issued 220,000 parking citations that generated $10.9 million in General Fund parking citation revenues, as well as 90,000 residential and recreational parking permits that generated a combined $3.8 million in General Fund and Beach Recreation Fund revenues. Conduent, now Modaxo Traffic Management USA, Inc. (Modaxo), has provided parking permit fulfillment and citation payment solution services to the City under agreement #11031 (CCS) since June 2020.
In February 2026, the Department of Transportation’s Mobility Division launched an automated bike lane enforcement program, governed by California Assembly Bill (AB)
4.A
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361. This program uses cameras mounted on City parking enforcement vehicles to capture videos of illegal parking events in bike-only zones as evidence for automated citations.
Automated bike lane enforcement activities require technology and a workflow to review and issue citations and to collect fines and any late fees. Citation processing services for parking citations issued manually by traffic services officers are already being provided by Modaxo under agreement #11031, but this specific automated citation program was not anticipated at the time the contract budget was developed in 2020.
Therefore, staff requests approval for a second modification to the contract with Modaxo to increase the budget to cover automated bike lane enforcement citation processing.
The cost of citation processing for the automated bike lane enforcement program over the remaining two 2-year renewal options of the Modaxo contract is estimated to not exceed $120,000 by June 30, 2029, assuming the final option with Modaxo is exercised.
Background
On June 25, 2020, following a competitive procurement process, the City awarded a five-year contract plus two 2-year renewal options to Conduent State and Local Solutions, Inc., for a not-to-exceed total of $13.4 million dollars. Subsequently, Conduent was acquired by Modaxo Traffic Management USA, Inc. and an agreement acknowledging the new entity was executed by the City on March 29, 2024. Conduent, now Modaxo, provides parking permits and citation processing and collections and delinquent account collections management services to the City using a software platform called e-Tims®.
Upon approval from the City Council in January 2026, the Mobility Division launched an Automated Bike Lane Enforcement program using AI-assisted cameras that are being mounted on seven Santa Monica Police Department (SMPD) parking enforcement vehicles. The City is expected to begin issuing citations in July 2026 following a mandatory 60-day warning period. Staff requests approval for a second modification to agreement #11031 with Modaxo to increase its budget authority by $120,000 over the
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remainder of the contract term to process citations for the automated bike lane enforcement program.
Previous Council Actions
Meeting Date Description
4/28/2020 Award Request for Proposal and Enter into Agreement with Conduent State and Local Solutions, Inc. for Parking Permits and Citation Services
9/24/2024 Award Contract to Hayden Al, Inc. for Automated Bus Lane Enforcement Services
1/13/2026 Approval of First Modification of Contract with Hayden AI for Launch of Bike Lane Enforcement Program
Discussion
The Mobility Division of the Santa Monica Department of Transportation (DOT) continually evaluates opportunities to enhance City streets so that people walking, biking, riding transit, driving or scooting can travel safely and comfortably. In the interest of further safety on the City’s bike lane network, and in response to direction provided by the City Council in Agenda Item 16E at its September 12, 2023, meeting, Mobility staff proposed implementing an automated bike lane enforcement program using vehicle-mounted cameras, similar to the Automated Bus Lane Enforcement (ABLE) program being operated by DOT’s Big Blue Bus (BBB) division. California Assembly Bill (AB) 361, approved on October 8, 2023, allows local jurisdictions to monitor and enforce bicycle lanes using cameras mounted on parking enforcement vehicles.
A 45-day pilot conducted in May and June 2024 with cameras mounted on two parking enforcement vehicles recorded 1,679 events. 263 of these events were adjudicated as causing the greatest risk to road users due to the extent the vehicles blocked the bike lane. The pilot results suggested that an automated bike lane enforcement program would offer safety and quality-of-life benefits to all road users.
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The City Council approved an AB 316 bike lane enforcement program in the FY2025-27 biennial budget and then, on January 13, 2026, approved a first modification of Contract # 11617 with Hayden AI to equip up to seven SMPD parking enforcement vehicles with cameras for an automated bike lane enforcement program. The project is currently on track to begin a 60-day warning period in May 2026, and staff expect citations to be issued beginning in July 2026. A second modification of Contract #11031 with Modaxo is needed to add citation processing services for the automated bike lane enforcement program to the existing budget of the Modaxo contract.
Environmental Review
This contract for citation processing for bike lane enforcement is categorically exempt from CEQA pursuant to Section 15321 of the CEQA Guidelines. Section 15321 exempts project from CEQA that are actions by regulatory agencies to enforce a law or general rule administered or adopted by the regulatory agency. The contract is for citations for automated bike lane enforcement on up to seven SMPD vehicles per California AB 361.
Therefore, this contract is exempt pursuant to Section 15321.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to increase the amount of agreement #11031 with Modaxo for citation processing services to include automated bike lane enforcement citation processing.
Agreement Modification Request
Agreement
#
Current
Authorized
Amount
FY 2025-26
Modified
Request
Amount
Future
Years
Amount Dept/CIP Account #
Total Revised
Contract
Amount
11031 $13,400,000 $5,500 $114,500 01600002.550010 $13,520,000 Future year funding is contingent on Council budget approval.
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Prepared By: Barbara Andres, Customer Experience and Innovation Administrator
Approved Forwarded to Council
Attachments:
A. Award Request for Proposal and Enter into Agreement with Conduent State and Local Solutions, Inc. for Parking Permits and Citation Services (Web Link) B. Award Contract to Hayden Al, Inc. for Automated Bus Lane Enforcement (Web Link)
C. Approval of First Modification of Contract with Hayden AI for Launch of Bike Lane Enforcement Program (Web Link)
D. CT# 11031 Conduent_Original Contract
E. #11031 Modaxo_formerly Conduent_1st Modification
F. Modaxo-Trellint OAKS FY25-26
G. Modaxo_Levine Act Signed 11-18-25
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Contract No. 11031 (CCS)
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica (“City”) and CONDUENT State & Local Solutions, Inc. (“CONDUENT”) (referred to herein collectively as the “Parties”), 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. CONDUENT is qualified to do business, and is doing business, in the State of California. CONDUENT represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Agreement.
C. The City and CONDUENT now desire to enter into an agreement for CONDUENT to provide professional services to the City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERMS AND CONDITIONS
1. Term.
1.1 Initial Term. This Agreement begins on the Execution Date and terminates on June 30, 2025, unless sooner terminated in accordance with Section 14 (“Initial Term”).
1.2 Option to Extend Term. The City, in its sole and absolute discretion, shall have the option to extend this Agreement for two (2) additional periods of two (2) years each (“Extension Periods”). The City may exercise its options by letter to CONDUENT from its City Manager, and the exercise of the option shall automatically extend the term of this Agreement up through the Extension Period.
2. CONDUENT Services. CONDUENT will perform all of the services (“Services”) described in Exhibit A, Scope of Services. CONDUENT will complete the Services in accordance with Exhibit B, Pricing Schedule.
3. City Services. The City agrees to:
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3.1 Make available to CONDUENT any currently existing documents, data or information required for the performance of the Services.
3.2 Designate a representative authorized to act on behalf of City.
3.3 Promptly examine and render findings on all documents submitted for staff review by CONDUENT.
4. Compensation. The City will compensate CONDUENT for the Services performed in an amount not to exceed $7.2 million dollars for the Initial Term, with two optional two year renewal options in an amount not to exceed $3.1 million dollars for each Extension Period, for a total not to exceed amount of $13.4 million dollars over a total nine year period, as set forth in Exhibit B.
5. Monthly Invoices and Fee Disputes. CONDUENT shall provide City with a monthly invoice that reflects an itemization and fee analysis of all fees earned by CONDUENT for the preceding period. City may contest or reject the invoice, in whole or in part, and will provide CONDUENT with a written statement summarizing its objection to the invoice as within thirty (30) days of the date of the invoice and the City will pay all undisputed invoice amounts. Upon receipt of City's written statement, CONDUENT shall have ten (10) days to provide a detailed written response to City that addresses each raised objection. The parties shall in good faith attempt to informally resolve their dispute.
If an informal resolution is not reached within ten (10) days of City's receipt of CONDUENT’s response, the matter will be deemed unresolved and City may, at its sole discretion, refer the matter to a neutral mediator or to other dispute resolution services. City may elect to pay the disputed amounts under protest and not as admission or waiver of its claims against CONDUENT. If the matter is referred to dispute resolution, the parties may continue to attempt to informally resolve their dispute until a determination on the merits of the dispute is issued by the presiding officer. Either party may appeal the decision of the presiding officer to a court of competent jurisdiction.
City shall bear all dispute resolution costs prior to a determination on the merits.
Should City prevail, or if CONDUENT refuses to participate, City is entitled to all of its reasonable dispute resolution costs in addition to repayment of any disputed amounts already paid to CONDUENT and may adjust or offset future payments to CONDUENT accordingly.
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:
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6.1 All notices, demands, requests or approvals to the City:
City of Santa Monica
Planning & Community Development
Parking Operations
1444 4th street
Santa Monica, California 90401
Attention: Parking Operations Division Manager
Re: Contract No. <11031>
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. <11031>
6.2 All notices, demands, requests or approvals to CONDUENT:
Conduent State & Local Solutions, Inc.
12410 Milestone Center Drive, Fifth Floor
Germantown, MD 20876
Attn: Legal Department
with a copy to:
CONDUENT
606 South Olive Street, 23rd Floor
Los Angeles, CA 90014
Attention: Ms. Ann Muenster-Nuiry
CC: Mr. Leo Urteaga
Re: Contract No. <11031>
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 CONDUENT any of CONDUENT’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 CONDUENT, and approved as to form by the City Attorney.
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9. Insurance. Prior to commencing work, CONDUENT 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 CONDUENT or CONDUENT’s agents, representatives, employees or subconsultants for the duration of this Agreement. CONDUENT must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.
10. Defense and Indemnification.
10.1 Indemnification. As to CONDUENT’s Services produced under this Agreement, CONDUENT agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the acts, errors and/or omissions of CONDUENT, or CONDUENT’s employees, agents, officers, and subconsultants.
CONDUENT’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 CONDUENT’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from CONDUENT, if City chooses to do so. If it is determined by a court of law that the Losses did not arise from Conduent’s negligence or willful misconduct, then Conduent’s indemnification obligations hereunder for those Losses shall cease and the City shall return to Conduent any costs Conduent has incurred to indemnify the City for said Losses. In accepting the tender of any Losses for Indemnification, Conduent may proceed with the indemnification of those Losses with a reservation of rights.
10.2 Enforcement Costs. CONDUENT agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1.
10.3 Damages. Neither party shall be liable for indirect, consequential, exemplary or punitive damages, regardless of the form of action, whether in contract, tort or otherwise, and even if it has been advised of the possibility of such damages.
Under no circumstances shall CONDUENT be liable for City's failure realize savings or other revenues from CONDUENT’s performance of services under this Agreement.
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11. Prohibition Against Transfers.
11.1 CONDUENT 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, hypothecate 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 CONDUENT or of any general partner or joint venturer or syndicate member of CONDUENT, if a partnership or joint venture or syndicate exists, which results in changing the control of CONDUENT, 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. CONDUENT, 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 CONDUENT fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of fourteen (14) 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 CONDUENT.
14.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving sixty (60) days written notice to CONDUENT. Upon termination of this Agreement, City will pay CONDUENT any compensation earned, unpaid and undisputed, including all previously approved capitalized and unamortized costs for professional services and development costs provided in accordance with included in Exhibit B “Pricing Schedule” up to the effective date of termination.
14.3 Suspension for Convenience: The City has the option, at its sole and absolute discretion and without cause, of suspending this Agreement, in whole or in part, by giving sixty (60) days’ written notice to CONDUENT (“Suspension Period”). City shall pay CONDUENT for any compensation earned, unpaid DocuSign Envelope ID: 2C360DDB-2FB9-4384-A3F7-9357ECEDFC89
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and undisputed, including all previously approved capitalized and unamortized costs for professional services and development costs provided in accordance with Exhibit B “Pricing Schedule” up to the effective date of the Suspension Period. No later than three (3) days after receiving a notice to suspend, CONDUENT shall promptly suspend the performance of Services to the extent specified in the notice and use commercially reasonable efforts to mitigate the impact of the suspension including utilizing its personnel and equipment in such a manner so as to minimize the cost and expense associated with the suspension. Upon receiving a notice to resume Services from the City, CONDUENT shall use commercially reasonable efforts to promptly resume Services, but CONDUENT shall resume Services by no later than fourteen (14) days after receiving a notice to resume Services. During the Suspension Period, City reserves all rights to continue use of the e-TIMS web-based parking management software program and the Business Objects web-based software program. The City shall reimburse CONDUENT for temporary wind down costs accrued, if any, during the suspension period in an amount not to exceed $50,000.
15. Compliance with Law. CONDUENT 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. CONDUENT 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. CONDUENT may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.
18. Records.
18.1 CONDUENT 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. CONDUENT 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.
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18.2 CONDUENT must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. CONDUENT must clearly identify all records and make them readily accessible to the City. At the City’s request, not more than three times each year at a mutually agreed time, CONDUENT must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records, but excluding any CONDUENT proprietary information include cost records.
18.3 CONDUENT must allow the City to have free access to CONDUENT’s books and records and to inspect all work, data, documents, proceedings and activities directly related to this Agreement but excluding any Conduent proprietary information include cost records. The City has the right to examine or audit CONDUENT’s records, and CONDUENT agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 10% or more in information reported by CONDUENT, CONDUENT agrees to pay all actual and direct costs of the City’s audit.
19. Citations Records and Sharing of Information. CONDUENT shall maintain an online inquiry system allowing for viewing and access to the citation database for Santa Monica. Scofflaw eligibility will be calculated and displayed in real time.
CONDUENT shall maintain files on each parking citation referred to it for processing under this Agreement on a computer system database. Said files shall contain any and all records relating to the performance of services under this Agreement, including but not limited to payments, collection efforts, disposition, and all other similarly relevant information generated during the course of processing citations. Reports in digital format detailing citation information and processing shall be made available to City and made accessible by computer. Hard copies of CONDUENT’s files may be requested on a monthly basis, or if necessary, more frequently, and at no cost to City.
20. Storage of Citation Records. CONDUENT shall store and maintain all records relating to and generated by the issuance and processing of a parking citation, including those described in Section 19 of this Agreement, for a period of no less than two (2) years from the original citation date. CONDUENT shall not destroy any records prior to the three-year period for retaining records. After the three-year period, CONDUENT may destroy any eligible records at its discretion.
21. Contractor’s Limitations. CONDUENT may not at any time institute any legal action related to the performance or non-performance of any of the Services described in Section 2 of this Agreement without first best efforts to attempt to meet with City and DocuSign Envelope ID: 2C360DDB-2FB9-4384-A3F7-9357ECEDFC89
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serving the City with written confirmation following such meeting or CONDUENT’S attempts to meet.
22. Use of Approved Forms. All forms, notices, and correspondence utilized by CONDUENT in the performance of Services under this Agreement must conform to state and local law and must be approved in advance by City with such approval to be done in a timely and efficient manner and will not be unreasonably withheld.
23. Work Product; Reports.
23.1 Any work product prepared or caused to be prepared by CONDUENT or any subconsultant solely for this Agreement will be the exclusive property of City.
No work product given to or prepared by CONDUENT or any subconsultant pursuant to this Agreement may be made available to any individual or organization by CONDUENT without prior written approval by City.
23.2 At the City’s request, CONDUENT must furnish reports concerning the status of the Services.
24. Standard of Care. CONDUENT 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 CONDUENT’s profession currently practicing in the same locality under similar conditions.
CONDUENT represents that it is skilled in the professional calling necessary to perform the services and duties agreed to be performed by CONDUENT under this Agreement, and that the services required pursuant to this Agreement shall be performed in a good workman-like manner commensurate with the established and generally accepted industry standards of care. The City relies upon the stated skill and knowledge of CONDUENT to perform the services and duties according to this standard of care.
25. Staffing. If necessary, the Parties will re-evaluate staffing needs every three months based on citation issuance and associated activities. CONDUENT shall provide personnel in sufficient number to ensure that all required services are performed in accordance to the standards described in Exhibits A and B. If City requests a reevaluation of CONDUENT’s staffing determinations, CONDUENT will meet with City to discuss revising the number of staff required. CONDUENT agrees that all services shall be performed by qualified and experienced personnel.
26. Subconsultants.
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26.1 If CONDUENT proposes to have any subconsultant perform any part of the Services, CONDUENT 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.
26.2 CONDUENT will be responsible for the quality of any subconsultant’s work.
Every subcontract or agreement of any kind entered into between CONDUENT 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. 11031 (CCS) entered into between the City of Santa Monica and CONDUENT
on^^____________________.
27. Compliance with Data Security Requirements.
27.1 CONDUENT shall use best practices in the industry to comply with the Payment Card Industry’s Data Security Standard Requirements in effect as of the date that the platform is delivered to the City and provide a secure environment for all data in its possession or processed by the Solution.
27.2 Data Ownership. All vehicle, and transaction data originally collected from City, regardless of where the Services is hosted, is and shall at all times remain the sole and exclusive property of the City. For at least ninety (90) days following the expiration or termination of this Agreement, CONDUENT shall make available to the City for download a file of all such data in commaseparated values (“.csv”) format along with attachments in their native format.
CONDUENT is not permitted to use any such data for any purpose except as necessary to provide and operate the Solution for the city under this Agreement unless pre-approved in writing by City. CONDUENT shall not use such data for its own purposes or disclose, share, sell, or license it to third parties. CONDUENT shall destroy copies of such data within ninety (90) days of expiration or termination of this Agreement. CONDUENT shall provide a perpetual, non-exclusive, irrevocable right and license to the City to use any database formats and data sets created by CONDUENT out of such data.
27.3 Patches. During such time that the City has an agreement with CONDUENT, if any software is part of CONDUENT’s provided Services, CONDUENT agrees that the Software will be adequately patched to have the latest vendor-supplied security patches installed, including operating system and application patches, on the operational start date of the Agreement. CONDUENT is responsible for having all patches tested before DocuSign Envelope ID: 2C360DDB-2FB9-4384-A3F7-9357ECEDFC89 6/25/2020
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being installed. CONDUENT shall be responsible for ensuring that all such patches, of which CONDUENT provides notice, are properly updated as necessary.
27.4 Antivirus Software. CONDUENT shall deploy approved antivirus software on all applicable components that store, process, or transmit parking transaction data, which CONDUENT will install before the platform is operational. CONDUENT shall not install any malicious software or computer contaminants including, without limitation, viruses, worms, time bombs, Trojan horses, ransomware, spyware, scareware, or any other hostile or intrusive code, files, scripts, or programs. CONDUENT shall be responsible for ensuring that all necessary antivirus software is properly maintained and updated as necessary.
27.5 Network Access. If CONDUENT has access to any passwords or log-in information of the City in connection with the Services, CONDUENT shall ensure that proper user authentication and password management for all non-consumer users and administrators is installed, or configured, on all Solution components and use its best efforts to make sure the password and log-in information is secure. CONDUENT shall comply with the City’s minimum standards. Each system user or administrator must be removed immediately upon separation from CONDUENT (i.e. termination from employment with CONDUENT or from the City’s account).
27.6 Survival. The obligations in this section shall survive expiration or termination of this Agreement.
28. Data Breach. For purposes of this Agreement, “Data Breach” means the unauthorized acquisition, access, use, or disclosure of confidential information that compromises the security, confidentiality, or integrity of such information. In the event of any Data Breach of CONDUENT’s cloud environment, CONDUENT shall promptly notify City and cooperate with any remedial and notification requirements.
28.1CONDUENT shall provide notice by email and telephone of any Data Breach as soon as possible, but no later than 24 hours after learning of the Data Breach. The notice shall include a detailed report of the information breached, including names, contact information, and data that was compromised.
28.2 Immediately following notification of a Data Breach, CONDUENT shall coordinate with City to jointly investigate the incident, and CONDUENT agrees to (1) assist with any investigation; (2) provide City with access to facilities and operations impacted by the Data Breach; (3) provide status reports on any internal investigations as frequently as requested by City; (4) facilitate interviews with CONDUENT’s employees and others involved in the Data Breach; and (5) make available all relevant documents and data, DocuSign Envelope ID: 2C360DDB-2FB9-4384-A3F7-9357ECEDFC89
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electronic or in paper form, necessary to comply with all applicable laws, regulation, industry standards as otherwise requested by City.
28.3 CONDUENT shall immediately remedy any Data Breach and, at CONDUENT ’s sole expense, take all necessary steps to prevent any further Data Breach in accordance with all applicable privacy rights, laws, regulations, and standards.
28.4 CONDUENT shall not inform any third party of a Data Breach without first obtaining City’s written consent to do so, other than to inform a complainant that the matter or inquiry has been forwarded to the appropriate City office for review or as otherwise required by law. CONDUENT shall consult with City to determine (1) whether notice of a breach should be provided to any individuals, regulators, law enforcement agencies, consumer reporting agencies, or others as required by law, regulation, or otherwise in the City’s discretion; and (2) the content of any such notice, whether and what type of remediation may be offered, and the nature and extent of any such remediation.
28.5 CONDUENT shall fully cooperate in any litigation or other action deemed necessary by the City following any Data Breach.
29. Intellectual Property.
29.1 The City exclusively and solely owns all City Data and the intellectual property therein. CONDUENT further agrees to execute any documents necessary for the City to perfect, memorialize, or record the City's ownership rights in City Data. For purposes of this Agreement, "City Data" means all intellectual property of the City, including but not limited to occupancy data, financial records, programming configurations of the parking meters, GIS location and rates, and other operational data and tailored operational programming.
29.2 CONDUENT may not provide or disclose any City Data to any third party without the City's prior written consent.
29.3 Any subcontract entered into by CONDUENT relating to this Agreement, to the extent allowed hereunder, must include a like intellectual property provision to ensure that the City's ownership rights in City Data are preserved and protected as intended in this Agreement. Failure of CONDUENT to comply with this requirement or to obtain the compliance of its subcontractors with such obligations constitutes a breach of this Agreement and will subject CONDUENT to damages paid to the City and the imposition of all sanctions allowed by law, including but not limited to termination of this Agreement.
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29.4CONDUENT represents and warrants that it owns or has acquired all requisite rights and licenses to use all intellectual property embodied, practiced or employed in CONDUENT being used by the City.
29.5CONDUENT hereby grants the City, including its departments, commissioners, officials, officers, employees, consultants, and agents (collectively, "City") all the rights and licenses required to use the CONDUENT intellectual property as described in this Agreement. Such rights and licenses are non-assignable, non-transferable and non-exclusive, and specific only to use by the City within the City under the terms of this Agreement.
29.6Nothing in this Agreement will be construed as assigning, selling, conveying, or otherwise transferring any ownership rights or title in CONDUENT intellectual property, including but not limited to pre-existing or independently developed intellectual property, materials, software, methodologies, tools, or inventions, that are developed, conceived or created for any CONDUENT business purpose, or any derivative works to any of the foregoing.
29.7CONDUENT understands the nature of public information and the requirement for the City to adhere to all rules and laws that apply to public information, such as the Freedom of Information Act, Public Records Act, and the like. However, the City also understands that the Services contain CONDUENT intellectual property, copyrights, and trade secrets that do not exist in the public domain. Therefore, the City agrees that it will not knowingly agree, assist, or sell any equipment or allow any third party to gain access to equipment, software, or documentation provided by CONDUENT for any purposes including reverse engineering or evaluation without the prior written consent of CONDUENT, or as mandated by applicable law.
29.8This Section 29 will survive expiration or termination of this Agreement.
30. Agent. Except as City may specify in writing, CONDUENT shall have no authority, expressed or implied, to act on behalf of the City in any capacity whatsoever as an agent. CONDUENT shall have no authority expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
31. Force Majeure. Neither party shall be responsible for delays or failure in performance resulting from acts beyond the control of such parties. Such acts shall include, but are not limited to, Acts of God, strikes, riots, acts of war, whether or nor not formally declared, acts of terrorism, epidemics, fire, communication line failure, delays in manufacturing, distribution or transportation, earthquakes or other disasters.
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32. Errors in Processing Citations. Furthermore, CONDUENT shall use all care necessary in the processing of citations for City. CONDUENT will be responsible for resolving equipment malfunctions or errors made by its personnel that impact, or have the potential to impact, CONDUENT’s performance under this Agreement.
Errors are to be resolved at no additional charge to City. In the event that CONDUENT’s errors are not resolved timely, CONDUENT shall be liable for any loss of revenue incurred by City attributable to CONDUENT’s errors. City shall reimburse CONDUENT for any reasonable expenses incurred by CONDUENT for the correction of errors caused by erroneous or inaccurate information provided to CONDUENT by City. CONDUENT shall not be responsible for losses or expenses incurred by City as a result of erroneous or inaccurate information provided to CONDUENT by City or third parties.
33. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
34. Venue and Jurisdiction. The City and CONDUENT 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.
35. 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.
DocuSign Envelope ID: 2C360DDB-2FB9-4384-A3F7-9357ECEDFC89
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36. Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.
Exhibit A Scope of Services
Exhibit B Pricing Schedule
Exhibit C Insurance Requirements
Exhibit D Performance Standards and Penalties
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:
______________________________
GEORGE CARDONA
Acting City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
LANE DILG
Interim City Manager
ABC Corporation
#VENDOR
By: ________________________________
DocuSign Envelope ID: 2C360DDB-2FB9-4384-A3F7-9357ECEDFC89 George S. Cardona
6/25/2020
Interim City Attorney
6/25/2020
Vice President
Conduent State & Local Solutions, Inc.
Holly Cooper
Lane Dilg
6/25/2020
City Attorney 6/25/2020
Denise Anderson-Warren
City Clerk
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Exhibit A
Scope of Services
A. PROJECT NARRATIVE
By way of this Exhibit A to the Agreement entered into between CITY and CONDUENT for the providing of Parking Citation Processing and Permit Fulfillment Services, CITY and CONDUENT agree to the scope of services described herein. CITY reserves all of its rights and remedies under the Agreement, including but not limited to requiring CONDUENT to perform and provide services in a manner consistent with this Exhibit A.
This Exhibit A is comprised of several main components, or categories of responsibility, which include: General Information Processing; System Requirements; Financial Deposits and Reconciliation; Parking Permit Services; Citation Processing Services; Department of Motor Vehicles and State of California Franchise Tax Board Services; Reporting Requirements; Customer Service Center; Correspondence Processing; and Adjudication Processing.
CONDUENT shall be required to have its corporate headquarters, maintain a field office or processing services office within a sixty-mile radius of CITY. All services performed for this contract by CONDUENT’s personnel or any of its subcontractors shall be located within the United States.
The Agreement between CONDUENT and CITY requires several dedicated staff. These dedicated positions consist of a Project Manager, a Project Analyst, a Payment Processing Clerk, a Quality Assurance Representative, a Reconciliation Representative, three (3) customer service representatives ("CSR"), and two (2) Permit Processing Representatives. CONDUENT shall have sufficient cross trained staff to meet' all correspondence and payment processing requirements for the contract.
Shared staffing for the "dedicated" functions listed above shall be at appropriate levels to maintain compliance with the Agreement. At CITY'S request, CONDUENT shall prepare and submit audit reports to enable the CITY to determine if staffing levels and contract performance are in compliance with this Agreement.
Any complaints by third parties received by CITY and about CONDUENT shall be forwarded to CONDUENT within 72 hours. All forwarded complaints received by CONDUENT shall be investigated and responded to DocuSign Envelope ID: 2C360DDB-2FB9-4384-A3F7-9357ECEDFC89
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either in writing, e-mail, or telephone within ten (10) calendar days of CONDUENT receipt of the complaint.
The response shall include the results of CONDUENT investigation and, if applicable, the measures taken or to be adopted to prevent similar future complaints.
The Project Manager shall be the day to day point person with the accountability and responsibility of delegating all work functions required under the Agreement and insuring contract performance standards are met.
All project employees shall be expected to receive training at a level to provide the services required by the Agreement.
All electronic and hard-copy information shall be stored and retained in accordance with the CITY'S records retention schedule. Subject to Section 18 of this Agreement, the CITY reserves the right to inspect stored records to ensure compliance with the CITY'S records retention policy.
CONDUENT shall provide the necessary document management and information systems equipment to ensure that all required services are performed subject to the defined performance standards in Exhibit D Performance Standards & Penalties.
CONDUENT shall furnish all necessary user manuals and instruction guides for accessing the CITY’s Citation Processing and Permit Management System.
Manuals and guides should provide step-by step instructions and a list and description of any and all codes used in CONDUENT systems accessed by CITY.
Business Process Rules. No later than sixty (60) days from the Execution Date, CONDUENT shall develop and provide City with a set of standard protocols and procedures (hereinafter referred to as "Business Process Rules" or "BPR") for the performance of all project services contemplated by this Agreement. CONDUENT shall develop the BPR with significant insight from City on City’s current and future citation processing needs. The BPR will be used to standardize procedures for handling both telephone calls and correspondence within thirty (30) days of its implementation.
B. GENERAL INFORMATION PROCESSING
CONDUENT is responsible for processing CITY'S citation correspondence and payments, of approximately 30,000 pieces of mail received annually. The DocuSign Envelope ID: 2C360DDB-2FB9-4384-A3F7-9357ECEDFC89
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duties and tasks of General Information Processing shall include, but not be limited to, the following actions:
1. Opening all correspondence and determining what action is required.
2. Processing correspondence within two (2) business days from date of receipt.
3. Obtaining prior approval from the CITY on all standard forms, notices of delinquent violation, and correspondence, and ensure that all forms conform to applicable California Vehicle Codes (CVC).
4. Entering what action was taken into CONDUENT’s computer software operating system (e.g. temporary suspension, letter to respondent, permit issuance, cancellation, etc.).
5. Taking appropriate actions to ensure resolution of complaints or questions.
6. Implementing appropriate control and monitoring procedures to ensure that payments and correspondence are processed to completion.
7. Providing CITY operations or procedures manual and required MIS reports listed in the scope of services by e-mail and/or hard copy on demand at no cost within 2 business days of request.
8. Providing a post office box within 60 miles of the CITY where all incoming correspondence and payments are to be mailed. Mail is to be picked up from the post office at least once per business day.
9. Providing a bonded courier to pick up and deliver mail including but not limited to, batched parking citations, parking permit applications, payments, correspondence, and management reports to and from specified locations.
10. Storing electronic filings, citations, and physical/electronic correspondence and applications in an easily retrievable format in accordance with the City’s records retention schedule.
11. Filing and storing citations in an easily retrievable format for a minimum of five (5) years then dispose in accordance with City direction.
C. SYSTEM REQUIREMENTS
CONDUENT’S responsibilities and tasks for System Requirements consists of, but is not limited to, the following:
1. Maintaining system database and physical system security in such a way as to provide complete confidentiality and protection from unwanted access.
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2. Providing web-browser-based, responsive design, websites that do not require any plugins for the public to pay and contest parking citations and to procure and manage their permits accounts.
3. Providing Active Directory Federation Services (ADFS) Integration, to be implemented with new eTIMS® re-platform in calendar year 2021.
4. Maintaining Level 1 PCI-compliance for online payment systems.
5. Providing real-time data transfer from the Citation Issuance Software (CitySight® Enforcement) to the Citation Processing system (eTIMS®).
6. Providing workflow automation with ability to comply with legal timelines, notifications, and record requirements.
7. Providing workflow automation for submittal/reviewal/approval/denial of parking permit applications with document upload functionality.
8. Providing online permit application and payment portal for all permit programs with the ability by qualified personnel internal (City staff) or external (contractor) to validate and verify information.
9. Providing real-time inquiry function for California Department of Motor Vehicles (“DMV”) citation/registered owner (RO) information and disabled placard information through eTIMS®
10. Maintaining CITY’s parking permit account address database in eTIMS® with editing functionality.
11. Providing real-time address validation for new parking permit applications.
12. Integrating with the California Department of Motor Vehicles to acquire registered owner name and address information and placing vehicle registration holds, including acquiring name and address information as allowed by the 50 State DMV agencies.
13. Administering the State of California Franchise Tax Board Intercept programs
14. Providing user-defined reports requested by CITY
15. Providing an online permit application and renewal portal
16. Providing real-time permit issuance data for handheld enforcement through CitySight® Enforcement.
D. FINANCIAL DEPOSITS & RECONCILIATION
CONDUENT’S duties and tasks for the handling of financial deposits and reconciliation shall include, but not be limited to, the following actions:
1. Providing a separate Post Office Box for CITY where payments, administrative review and administrative hearing correspondence, and other documents are to be mailed.
2. Providing a secure lockbox management system for the processing of payments. Mail pick-up from post office shall be at least once per business day. This requirement includes providing remote deposits via electronic DocuSign Envelope ID: 2C360DDB-2FB9-4384-A3F7-9357ECEDFC89
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checks in compliance with the Check Clearing for the 21st Century Act (Check 21 Act).
3. Sorting and batching all incoming mail by postmark date for payment posting.
4. Entering and processing payments received within one (1) business day from receipt, including opening all mail received, entering suspense date, verifying payment amounts, updating eTIMS®, making daily bank deposits and weekly cash deposits by armored vehicle for payments received in lockbox and checks that are not able to be processed through remote deposits.
5. Daily reconciliation of all payments entered with bank deposits.
6. Daily reporting of bank deposits made for CITY. Bank deposits shall be made within 24 hours of processing of payment on a daily basis.
7. Filing and storing all source documents in an easily retrievable system available to CITY within two (2) business days.
8. CONDUENT ‘S system must track rebilling on partial payments, checks returned for insufficient funds, vehicle change of ownership, and re-entered citations for payment.
9. CONDUENT must provide for payment by credit card (VISA, MasterCard, Discover, and American Express), and be capable of securing immediate authorization from the banking institution. Payments made by credit card are to be immediately updated in data base in real time. Payments will be made by automated telephone system.
10. CITY may in the future assess a convenience fee or other charge on all payments made by credit card. CONDUENT will provide proposal to implement this process as required.
11. Entering, processing, verifying and updating of all payments within one business day including credit cards, checks and cash collected by lockbox, on line payments, and payment field office in accordance with acceptable financial practices.
12. Deposits shall be made into CITY'S designated bank account daily. All on line and IVR transactions must be PCI certified.
13. CITY may choose to use its own credit card merchant or the vendor account.
14. Reporting credit card payments by merchant ID on a daily, weekly, monthly, yearly statement with the citation number, citation amount, permit number, permit account, and permit type.
15. On-line updating of monthly payments at the Department of Motor Vehicles.
16. Providing CITY with a field office for walk-in payments to be located within a 15-mile radius.
17. CITY will specify the bank to be used for daily bank deposits. If the CITY changes banks during the term of the contract, CONDUENT will provide a proposal to implement this process as required.
18. Payments to be applied to funds shall be reconciled each day before preparation of deposits.
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19. Generating notices for partial payments.
20. Investigating cash overages and shortages of any amount each business day of the deposit date and reporting findings to CITY.
21. Tracking partial payments and checks returned for insufficient funds.
22. Providing documentation to CITY for processing refunds within 72 hours after confirmation a case has been dismissed and/or overpayment has been made.
23. Storing and filing all payment information to facilitate special collections and credit reporting services.
24. Posting payment information from all sources within 24 hours of receipt and no later than the end of the following business day
25. Tracking progress of payments, re-entered payments, change of ownership, declaration of non-ownership, refunds, correspondence and administrative review process
E. CITATION DATA PROCESSING
CONDUENT’S duties and tasks for Citation Data Processing include the integration of approximately 300,000 new citation records annually for CITY, which consists of, but is not limited to, the following procedures:
1. Providing an integrated system to track citation from issuance to adjudication, payment, and collections in real time.
2. Providing real-time data transfer from the CitySight® Citation Issuance Software to the eTIMS® Citation Processing system with on-line confirmation, showing the number of citations transferred and received by CONDUENT.
3. Maintaining system compatibility with CITY’s handled citation devices with the capability of uploading all citation data fields.
4. Providing authorized account users capability to correct citation issuance dates, duplicate citations, violation codes, and fine amounts, and suspend citations
5. Updating of citation records and the ability to enter comments and attach digital photographs/documents to a citation record
6. Coordinating any changes in CITY policy related to Citation Data Processing. CONDUENT will provide proposal to implement new policies as required
7. Receiving, data stamping, batching and data entering handwritten citations into the eTIMS® system within two (2) business days from collection from CITY'S enforcement office.
8. Filing and storing of citations in an easily retrievable format in accordance with CITY'S records retention schedule.
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9. Providing online real-time citation information for customers, including citation issue date, delinquent date, amount owed, and other open citations with the same license plate numbers; all searchable by license plate or citation number
10. Programming CITY’s approved citation lifecycle (timelines) into eTIMS® with automated noticing, penalties, and registration holds, and collections.
The citation lifecycle may be adjusted and/or suspended due to special circumstances and events approved by CITY officials.
11. Tracking customer name, address, other contact information, vehicle type, and vehicle registrations including storing and tracking previous and current owner information when transfer of vehicle ownership has occurred.
12. Maintaining and updating of a combined scofflaw file for all vehicles that are have accumulated five (5) or more delinquent parking citations in neighboring jurisdictions, as mutually agreed. The scofflaw file shall include jurisdictions that are clients of CONDUENT that have been legitimately sanctioned in writing by the respective agency to access shared database information and tow the vehicle, subject to the provisions of California Vehicle Code Section 22561.(i)(1).
13. Maintaining and updating of confidential vehicle database for exemptions authorized by the City that are uploaded to the CitySight® Enforcement software application.
14. Storing and tracking car rental agency reports with responsible billing parties.
15. Identifying duplicate citations
16. Maintaining editing capability to correct dates, suspend citations, and correct violation codes and fine amounts.
17. Maintaining on-line communications during the principal hours of work (8 am to 5 pm Monday through Friday, except holidays) when the parking citation processing system, including all subsystems, is available to CITY and to respond to public inquires.
18. Maintaining System availability at 98% per month. CONDUENT shall provide objective and mutually agreeable methods of measurement to enable CITY to monitor the availability level.
19. Providing integration with the CITY’s permit database to capture violations that are outstanding when processing license plate specific permit renewals and new applications. CONDUENT’s systems will flag applications at the time of permit renewal and new applications by interfacing with the eTIMS® citation database to ensure that all outstanding citations are paid before any parking permit is issued.
20. Preparing a report at end of each Fiscal Year, in accordance with California Vehicle Code Section 40200.3(b) setting forth the number of cases processed, and all financial and/or citation payments received and distribute, along with any other information that may be required by the issuing agency.
This report is public record and shall be delivered to each issuing agency at DocuSign Envelope ID: 2C360DDB-2FB9-4384-A3F7-9357ECEDFC89
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the end of each fiscal year. If the City requests, the CONDUENT shall hire and independent auditor to prepare a report. The City shall pay the costs of the audit report upon the City’s written approval on auditor’s cost.
21. Per California Vehicle Code Section 40200.3(b), CONDUENT shall prepare a report at the end of each fiscal year setting forth the number of cases processed and all financial and/or citation payments received and distributed, along with any other information that may be required by state law. This report is a public record and shall be delivered to CITY at the end of each fiscal year. At CITY'S request, CONDUENT shall hire an auditor to prepare the report. CITY shall bear the cost of the audit after approving of the auditor's cost estimate.
22. Providing a payment plan solution that complies with California Assembly Bill 503 adopted in 2018, which creates a process that allows individuals with outstanding parking citations to repay their fines while preserving their ability to register and drive their vehicles.
23. Providing alternate citation payment plans dictated by new CITY policy.
CONDUENT will provide proposal to implement new payment plan policies as required.
DMV, Out of State Vehicles, and Ownership Registration
24. Retrieving registered owner information for In-State and Out-Of-State plates.
25. CONDUENT is responsible for any and all fees associated with obtaining registered owner information.
26. Maintaining on-line communications with the 50 State DMV headquarters and Transportation Ministries in Canada and Canada.
27. Tracking and troubleshooting of DMV requests returned as incomplete (“No Hit”) or with an error code provided.
28. Validation of DMV vehicle makes upon return of registered owner information to ensure proper make of vehicle is issued citation.
29. Continuously attempting to retrieve registered owner information for all unpaid parking citations without registered owner information in the system.
30. Mailing collection letters to out-of-state owners.
31. Mailing all parking violation notices within the time frame stipulated and required by the California Vehicle Code after the date of citation issuance.
32. Processing and mailing “Drive Away” notices to registered owners of vehicles that drive away prior to the issuing officer attaching the citation to the vehicle. The notice must be mailed out to the registered owner within fifteen (15) calendar days of the citation issuance as required by the California Vehicle Code.
33. Process citation correction notices where the issuing officer determines that there is incorrect data in the parking citation. A copy of the correction shall DocuSign Envelope ID: 2C360DDB-2FB9-4384-A3F7-9357ECEDFC89
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be mailed by CONDUENT to the registered owner within in a timeframe specified by the CITY.
34. Providing the necessary postage, correspondence, and ability to track forms to meet all applicable State and local laws regarding citation processing and adjudication.
35. Generating delinquent notices for unpaid citations twenty-one (21) days after the issued date of the violation within a time frame as directed by the CITY.
36. Mailing notices to lessees or renters of cited vehicles, including loaner vehicles, when provided with proof of written lease or rental agreement as required by the California Vehicle Code.
DMV Registration Holds/Releases
37. Placing on-line DMV holds and/or releases on delinquent accounts daily.
38. Processing DMV holds or releases within 48 hours. The timetable to establish a registration hold at DMV shall be at the discretion of the CITY or as established by local, state, and federal law.
39. Placing registration holds on the unpaid balance, for citations that have not been paid in full, have not established and qualified for payment plan, or who do not comply with the terms of an approved payment plan.
40. Providing additional grace periods, as authorized by the CITY, which will automatically allow for additional payment processing time.
41. Providing monthly report of all reported vehicle make mismatches and bad address mail returns, which shall include citation number, license plate number with state, and error explanation.
42. Accepting electronic file from DMV (registered owner information) and DMV payments files.
43. Reporting of monthly holds placed and payments made at DMV.
44. Release registration holds daily upon City’s request.
Franchise Tax Board (FTB) Intercept Program
45. Identifying the individuals to be intercepted via FTB program
46. Generating mail notifications prior to file submission adhering to the FTB guidelines.
47. Processing FTB annual intercept program in coordination with the CITY.
48. Providing monthly modification files if the amount to be intercepted has changed.
49. Processing timely refunds in the event of overpayment and/or misidentification F. REPORTING REQUIREMENTS
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CONDUENT shall provide standards reports as defined by the City, including, but not limited to:
1. Number of citations issued
2. Percentage paid prior to issuance of 1st notice, after issuance of 1st notice, of total issued
3. Percentage dismissed
4. Percentage closed (paid/dismissed)
5. Number of citations matched to DMV data, matched to CA DMV data, matched to out-of-state DMV data
6. Number of delinquent notices issued
7. Number of citations sent to collection
8. Dollar amount of gross collections
9. Number of citations paid
10. Dollar amount and number of bounced check fees paid
11. Dollar amount and number of citations processed by lockbox
12. Dollar amount and number of citations processed by City cashiering
13. Dollar amount and number of citations processed by WEB payment
14. Dollar amount and number of citations processed by Pay By Phone
15. Dollar amount and number of citations processed by DMV payment
16. Dollar amount and number of refunds issued
17. Average dollar amount of gross/net ticket collected
18. Dollar amount and number of tickets paid by special collections
19. Dollar amount of collections fee for special collections
20. Number of customer service calls dialed in/completed
21. Estimated average delay/length in minutes in answering customer service calls
22. Number of customer correspondence received
In addition, CONDUENT must generate on a monthly basis management information system (MIS) reports to be provided to CITY. The reports shall include the following:
1. Outstanding correspondence (beginning backlog);
2. Total pieces of correspondence received;
3. Total pieces of correspondence processed;
4. Remaining correspondence (ending backlog); and
5. Any unresolved correspondence.
6. Citations transmitted
7. Citations received
8. Administrative reviews requested
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9. Administrative reviews (1st level) assigned
10. Administrative reviews (1st level) completed
11. Administrative reviews (1st level) outstanding
12. Administrative hearings (2nd level) requests received
13. Administrative hearings (2nd level) assigned on docket
14. Administrative hearings (2nd level) completed with disposition
15. Administrative hearings (2nd level) outstanding without disposition G. CUSTOMER SERVICE REQUIREMENTS
CONDUENT’s duties and tasks for the Customer Service Center shall consist of managing approximately 130,000 calls annually, and shall include, but not be limited to, the following:
1.Providing CITY with a domestic toll-free telephone line and a separate local line for international customers that is staffed between the hours of 8 a.m. and 5 p.m., Monday through Friday, except holidays and/or operational for payments by IVR 24 hours a day, 7 days a week.
2.Providing professional and courteous customer service personnel trained in business processing rules approved by CITY.
3.Provide a field office for walk-in payments to be located within a 15-mile radius of the city
4.Providing staff to respond to telephone inquiries regarding how to contest a violation, determine outstanding penalty amounts or delinquent fees, identify time frames, and any other pertinent information in order to contest a citation by mail or in-person.
5.Staffing and/or rerouting calls in the event the connection to the computer network is disrupted.
6.CONDUENT shall be required to monitor and record calls for quality assurance subject to the same terms for English or Spanish speaking customers.
7.Operating a customized Interactive Voice Response (IVR) System in English and Spanish to accept payments and provide information. The automated system must provide real time information on each citation, including amount owed and open citations by license plate number. The IVR system shall be able to provide information on how to pay and contest citations. The IVR system shall offer the caller the option of transferring directly to a live customer service representative during normal business hours.
8.Monitoring the call acceptance rate, call completion rate and longest and shortest call wait time. An incomplete telephone call is defined as a call terminated after 30 seconds have elapsed from the time an individual's call is received in CONDUENT’s telecommunications system.
9.Producing monthly reports for CITY to verify contract performance requirements. In order for CITY to monitor the performance service levels DocuSign Envelope ID: 2C360DDB-2FB9-4384-A3F7-9357ECEDFC89
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described in this Exhibit A, CONDUENT'S telephone system must automatically provide the following information in its reports to CITY:
a. Total number of incoming calls.
b. Total number of calls processed.
c. Total number of calls handled by an automated voice response system.
d. Total number of calls handled by public service representatives. e. Total number of calls disconnected as a result of a public "hangup." f. Total number of busy calls.
g. A system availability report to determine the time period of calls inaccessible due to failure of CONDUENT’s system.
h. Percentage of incoming calls completed.
i. Average wait time per call.
j. Average time per call, with high and low amounts.
10. Monitoring the telephone system during business hours. CONDUENT shall monitor all conversations between CONDUENT’s employees and third parties, and maintain recorded audio files of these conversations. CITY and CONDUENT are committed to maintaining quality assurance and ensuring that contract performance levels are met.
11. CITY requires a computerized or digital responding system that can be accessed by CITY and can attach a recorded call to a citation record.
12. Making hourly adjustments to staffing levels based on volume of calls received and average wait time.
H. CORRESPONDENCE PROCESSING
CONDUENT’s duties and tasks for processing correspondence shall include, but not be limited to, the following actions:
1. Providing staff or a translation services with the required expertise to promptly and efficiently process and respond to all correspondence in standard English within two (2) business days from the date and time received.
2. Mailing of first notices, final notices, returned check notices, partial payment notices, DMV hold letters, administrative review and administrative hearing result letters, drive-away notices, delinquent notices and special collection notices, parking permit renewal notices, parking program informational items or any other notices required by the City or CVC.
3. Sorting and batching all incoming correspondence by postmark date for payment posting and correspondence processing. Envelopes shall be kept on file with correspondence.
4. Formatting all notices and letters using Custom #10 window envelopes with CITY'S return address. The interior #9 must also be customized with CITY'S DocuSign Envelope ID: 2C360DDB-2FB9-4384-A3F7-9357ECEDFC89
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address that is post net bar-coded with FIM per the U.S. Postal Service requirements.
5. Processing of correction notices and notifying CITY of citations unable to be entered because of incorrect information.
6. Processing incoming mail for parking permits renewals and.
7. Generating customized notices for incomplete or incorrect information or payments.
8. Forwarding correspondence to CITY that is either outside the scope of services and/or requires special attention.
9. Providing computer imaging hardware and software that is capable of integrating all aspects of work for correspondence received and generated by CONDUENT.
I. ADMINISTRATIVE ADJUDICATION PROCESS
CONDUENT’s duties and tasks related to the administrative adjudication of contested citations shall include, but not be limited to, the following actions:
1. CONDUENT shall coordinate the administrative review process consistent with the procedure for persons contesting parking citations as set forth by the laws of the State of California.
2. Scheduling of weekly hearings conducted in-person every fifteen minutes, and/or by written declaration. CITY'S hearings shall be scheduled for a time convenient to all parties concerned, and in accordance with state law, and approximately three weeks in advance.
3. CONDUENT shall provide staff to prepare all documentation related to a case and assemble an electronically transmitted file or hard copy data file into a case folder that must be delivered to the appropriate hearing location.
Individuals may be given the option by letter to choose to report to alternate locations set up by the CITY for in-person hearings with a minimum 3-week notification provided to CONDUENT of new location(s).
4. Hearings by written declaration are distributed to evenly distribute work flow, and supplement the hearing officer's time at each location. Written declarations are not always assigned to the issuing agency that generated the citation. CONDUENT shall not maintain a backlog of written declarations.
5. CONDUENT shall respond to individuals submitting requests online at the first and/or second administrative review stages by email for convenience and regular mail for compliance with California state law.
a. Santa Monica Police Department handles the first-level review process (“Initial Review”) and any special review requests such as late review requests.
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b. An independent hearing officer handles the second-level review process (“Administrative Review”).
c. The City’s Finance Department is responsible for reviewing and approving any special fee waiver or penalty waiver requests such as deferral of Administrative Hearing deposits.
6. Providing return receipt confirmation for all payments and/or administrative review requests made through the internet by sending an email to the individual by email before the next business day.
7. CONDUENT shall provide an on-line scheduling service to individuals submitting requests for hearings via the internet in real-time, indicating availability of hearing dates and times by specific City location. The individual will be -mailed a receipt indicating the date, time and location of the hearing with any appropriate instructions for each citation contested.
8. CONDUENT shall develop a method for transfer hearing files to CITY and to the hearing examiner for processing electronically.
9. The hearing schedule shall be accessible online to the hearing examiner and to CITY, and be sorted by date, indicating the time of the hearing, name of the individual requesting the hearing, citation number, license plate number, violation code, the name of the city where the citation was issued, and the name of the city where the hearing is scheduled. The schedule shall be updated or revised by the CONDUENT in real time to reflect any hearings that have been added or rescheduled.
10. CONDUENT shall have the capability of receiving the hearing examiner’s decision by email. The hearing examiner shall provide the processing agency with transmittal indicating the number of cases forwarded by email, and the processing agency shall confirm the number of cases received in real time.
The hearing examiner shall forward a computer disk containing the disposition of cases to the CONDUENT according to the City's instructions.
11. CITY and the hearing examiner will receive weekly update reports by hard copy and/or by e-mail for any cases that do not have a decision entered and are outstanding for seven (7) days or more. The individual contesting the citation will receive a response to the hearing by the processing agency in the manner requested by the individual, by first class mail or e-mail.
12. Generate management reports.
13. Utilize document imaging technology for files received by the processing company and transferred to the hearing officer pending disposition of each case.
14. Track all citations and disposition report data information on a daily basis.
15. Track and schedule court hearings and appeals.
16. Suspend action while appeals are under investigation.
17. Upload supporting evidence submitted by customers in support of their appeals to their citation record.
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18. Provide a FAQ page to assist customers through the appeals or correction process.
19. Provide a customer service interface that supports automated appeal processing and payment.
20. Provide online appeal function attachment capability.
21. Record hearing data and comments for historical background and attach to account.
22. Process hearing decisions in eTIMS.
23. Generate letters and use customized liability reason codes.
J. PARKING PERMITS FULFILLMENT AND SERVICE REQUIREMENTS The Parking permit interface shall be capable of capturing and managing data related to the issuance of all types of parking permits issued by the CITY, whether they are new accounts or renewal applications. CONDUENT's duties and tasks for the processing and fulfillment of CITY parking permits shall include, but not be limited to, the following:
1. CONDUENT will provide and manage the following online systems for the purchase and administration of these account types:
a. Residential Permit Account Renewals
b. New Permit Account Applications
c. One Day Temp Permits
d. Annual Day Beach Permits
e. Annual Senior Beach Permits
f. Preferential Business Account Types – Main Street Lots, Midtown Lots, and Pico
2. Providing CITY customers the ability to complete permit applications and upload documents online, demonstrating evidence of residency, vehicle ownership and photo identification, with City-established criteria.
3. Providing CITY customers the ability to create their own residential permit accounts using ID/Password authentication to manage, edit, and update their vehicle, license plate number, permit, and contact information.
4. Providing CITY customers the ability to renew and cancel their permits online.
5. Providing address validation for new residential permit application made online so only addresses within CITY block limit tables are eligible to apply.
6. Providing work flow system that allows online review, approval, denial of parking permit applications by CITY staff or by CONDUENT as designated by the CITY.
7. Allowing partially completed permit applications to be completed at another time by the applicant or CITY staff.
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8. Providing a “Frequently Asked Questions” (“FAQ”) page to assist applicants through the permit application process.
9. Providing a basket feature [shopping cart] that allows multiple permits to be registered to one residence in one transaction with multiple fee options based on the permit type and amounts purchased
10. Providing automated expiration date and renewal noticing via mail and email to permit holder with CITY determined parameters.
11. Providing customers who opt in to receive email and/or text, messages regarding the approval or status of their permit application.
12. Providing real-time permit issuance data such as, but not limited to, permit number, license plate, residential address, district number, and valid dates to CitySight® Enforcement software.
13. Check for unpaid parking citations and disallow issuance of permits before citations are paid.
14. Allow for seamless processing of payment of unpaid citations before allowing online issuance of permits.
15. Allow for the removal and addition of various parking permit zones and addresses as approved by CITY.
16. Allow residents in residential parking permit zones to request guest permits online.
17. Emailing receipts for permits purchased online.
18. Tracking customer name, address, email address, phone number, parking permit history, vehicle type, and vehicle registrations.
19. Providing the City the ability to edit customer permit accounts/records (e.g., customer name, address, phone number, email address, vehicle information, notes, etc.), and maintain an audit history for all inputs and changes made by staff/contractor
20. Allow for notes to be added by City staff to accounts during and after the permit registration process.
21. Allow City staff to search, update information, perform queries, and run reports and reconciliations.
22. Providing the City the ability to monitor the number of permit applications that have been approved, been rejected, or that are in pending status.
23. Providing the City the ability to communicate information via mass email/text with all or certain groups of current permit holders who opt-in.
24. Providing customizable, permission-based user groups for different levels of access for the City specific to the user’s roles and responsibilities.
25. Providing customizable permit type accounts for any/all permit programs based on CITY Parameters
26. Providing report creating tools with various criteria selections.
27. Providing the ability to set a limit for the number of permits allowed per permit type (e.g., two Visitor permits per address).
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28. Providing a variable rate fee structure based on parking permit type including prorations as approved by City Council.
29. Providing option for the CITY to procure parking permit stock directly from the CONDUENT.
30. Provide a parking permit inventory stock module/report that tracks all permits issued, available, destroyed regardless if CONDUENT or City processes the permit.
K. CITY Responsibilities
1. Provide CONDUENT with permit stock, including stickers and hangtags.
2. Provide all necessary information to CONDUENT to set up new business rules and information to set up tables (account types, action codes, block limits, district codes, permit codes, prefix codes, street names, suffix codes, zip codes).
3. Review and process all incoming new permit application in eTIMS® Workflow
4. Issue temporary permits for to City patrons visiting Go SaMo center.
5. Process all other permit types not listed in CONDUENT responsibilities
6. Provide CONDUENT with information needed for all correspondence letters and order confirmations that may be sent to residents. CITY to review and approve draft letters produced by CONDUENT.
7. Notify CONDUENT of any changes needed on website regarding fees, general information, etc.
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Packet Pg. 183 Attachment: CT# 11031 Conduent_Original Contract (7569 : 2nd Modification of Contract with Modaxo for Automated Bike Lane Enforcement - 1 -
Exhibit B
Pricing Schedule
The City will compensate CONDUENT for the Services performed in an amount not to exceed $7.2 million dollars for the Initial Term, with two additional two year renewal options in an amount not to exceed $3.1 million dollars for each Extension Period, for a total not to exceed amount of $13.4 million dollars over a total nine year period.
The CITY shall compensate CONDUENT for its services according to the terms below.
1. Primary Price Components
Per Citation Processing Fee Citation issuance is based on City of Santa Monica only.
1.1 Electronic Data Processing
Year 1 (July 2020-June 2021)
Fixed Monthly Fee up to 17,500 citations: $31,325.00
Additional Citations: $1.79 each
Year 2 (July 2021-June 2022)
Fixed Monthly Fee up to 20,000 citations: $36,874.00
Additional Citations: $1.79 each + CPI
Year 3 (July 2022-June 2023)
Fixed Monthly Fee up to 21,500 citations: $40,829.00
Additional Citations: $1.79 each + CPI
Year 4 (July 2023-June 2024)
Fixed Monthly Fee up to 21,500 citations: $42,054.00
Additional Citations: $1.79 each + CPI
Year 5 (July 2024-June 2025)
Fixed Monthly Fee up to 21,500 citations: $43,315.00
Additional Citations: $1.79 each + CPI
Option Year 6 (July 2025-June 2026)
Fixed Monthly Fee up to 21,500 citations: $44,615.00
Additional Citations: $1.79 each + CPI
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Option Year 7 (July 2026-June 2027)
Fixed Monthly Fee up to 21,500 citations: $45,953.00
Additional Citations: $1.79 each + CPI
Option Year 8 (July 2027-June 2028)
Fixed Monthly Fee up to 21,500 citations: $47,332.00
Additional Citations: $1.79 each + CPI
Option Year 9 (July 2028-June 2029)
Fixed Monthly Fee up to 21,500 citations: $48,752.00
Additional Citations: $1.79 each + CPI
1.2 Delinquent Account Collections 22%*
1.3 City Processing Credit $0.25 per citation
1.4 Credit Card Collections Fees Merchant Fee Direct Pass Through
1.5 Permit Fulfillment Service
Year 1 (July 2020-June 2021)
Monthly Fulfillment Fee: $7.00 per account
Renewal Notices: $0.30 per mailing
Meter Postage: Direct Pass Through
Year 2 (July 2021-June 2022)
Monthly Fulfillment Fee: $7.00 per account + CPI
Renewal Notices: $0.31 per mailing
Meter Postage: Direct Pass Through
Year 3 (July 2022-June 2023)
Monthly Fulfillment Fee: $7.00 per account + CPI
Renewal Notices: $0.32 per mailing
Meter Postage: Direct Pass Through
Year 4 (July 2023-June 2024)
Monthly Fulfillment Fee: $7.00 per account + CPI
Renewal Notices: $0.33 per mailing
Meter Postage: Direct Pass Through
Year 5 (July 2024-June 2025)
Monthly Fulfillment Fee: $7.00 per account + CPI
Renewal Notices: $0.34 per mailing
DocuSign Envelope ID: 2C360DDB-2FB9-4384-A3F7-9357ECEDFC89
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Meter Postage: Direct Pass Through
Option Year 6 (July 2025-June 2026)
Monthly Fulfillment Fee: $7.00 per account + CPI
Renewal Notices: $0.35 per mailing
Meter Postage: Direct Pass Through
Option Year 7 (July 2026-June 2027)
Monthly Fulfillment Fee: $7.00 per account + CPI
Renewal Notices: $0.36 per mailing
Meter Postage: Direct Pass Through
Option Year 8 (July 2027-June 2028)
Monthly Fulfillment Fee: $7.00 per account + CPI
Renewal Notices: $0.37 per mailing
Meter Postage: Direct Pass Through
Option Year 9 (July 2028-June 2029)
Monthly Fulfillment Fee: $7.00 per account + CPI
Renewal Notices: $0.38 per mailing
Meter Postage: Direct Pass Through
1.6 Additional Programming development $175.00/hour
2. Other Fees
2.1 Annual Consumer Price Index (“CPI”) Adjustments
CONDUENT will be entitled to CPI adjustments based on the increase in the cost of living index equal to the percentage increase in the U.S. Department of Labor, Consumer Price Index, All Urban Consumer CPI (Los AngelesAnaheim-Riverside) starting in Year Two (July 2021).
2.2 Delinquent Account Collections 22%*
* CONDUENT will be paid a 22% per citation assigned to collections. For partial payments, CONDUENT shall be paid collection fee on a prorated basis. Timing of collection notices and the application of any collection fees to be mutually agreed upon by CITY and CONDUENT. These costs are passed through to the customer and reimbursed to the City as revenue when the parking citation is paid per California Vehicle Coe Section 40200.3).
2.3 Postal Rate Increases
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CONDUENT will be responsible for all postage costs associated with the mailing of all notices, including the first two notices (non-collections notices) and delinquent ticket notices associated with secondary collections.
CONDUENT will also be responsible for all postage rate increases for the length of the AGREEMENT term, including option years.
2.4 Reimbursement for Postage and Mailing
The CITY and CONDUENT agree to negotiate in good faith the corresponding fees associated with the Additional Mailings contemplated under Exhibit A Scope of Services. Such fees shall be negotiated on a case-bycase basis for each distinct Additional Mailings projects. CONDUENT shall invoice the City monthly for such fees, which shall be payable to CONDUENT within thirty (30) days of receipt of such invoice.
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Packet Pg. 187 Attachment: CT# 11031 Conduent_Original Contract (7569 : 2nd Modification of Contract with Modaxo for Automated Bike Lane Enforcement - 1 -
Exhibit C
Insurance Requirements and Verifications
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. Cyber Liability: Cyber Liability Insurance, with limits not less than 1,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations
5. Employee Fidelity Bond Insurance: Employee fidelity bond insurance: Employee fidelity bond insurance covering services provided by Contractor in the amount of Five Hundred Thousand Dollars ($500,000)”.
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 DocuSign Envelope ID: 2C360DDB-2FB9-4384-A3F7-9357ECEDFC89
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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 Consultant including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of a combination of (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and (2) CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Consultant’s insurance shall be primary coverage at least as broad as Insurance Services Offices Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Consultant to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Santa Monica.
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Packet Pg. 189 Attachment: CT# 11031 Conduent_Original Contract (7569 : 2nd Modification of Contract with Modaxo for Automated Bike Lane Enforcement - 3 -
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
CONDUENT 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 CONDUENT’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 CONDUENT, 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
CONDUENT 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 CONDUENT does not have employees. CONDUENT must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.
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Exhibit D
Performance Standards & Penalties
The Agreement between CITY and CONDUENT shall provide for performance standards and penalties to ensure acceptable levels of services provided to CITY. CITY reserves the right to waive any performance penalty at its discretion. The assessment or non-assessment of penalties, however, does not affect CITY'S option to terminate the Agreement for repeated failure to comply with service levels. Assessed penalties shall be in accordance with the level of severity of CONDUENT’s departure from the standards of performance established in this Exhibit D. As used in this Exhibit, all references to “month” shall mean a calendar month, and all references to time shall refer to time in the Pacific Standard Time zone.
A. DELAY IN PROCESSING PAYMENTS AND/OR CORRESPONDENCE
1. All payments, and correspondence shall be processed by CONDUENT in the manner and within the timeframe provided for by the business processing rules (BPR) described in Exhibit A of the Agreement between CITY and CONDUENT. Provided however, no such requirements shall be more demanding or strict than as set forth in this Exhibit D nor shall such BPR have any penalties associated therewith except as provided for in this Exhibit D. Neither the BPR nor the Performance Standards may be changed except by written agreement of the parties.
2. If any payments are not properly processed, verified, entered, and updated within one (1) business day, CONDUENT will be assessed a penalty in an amount equal to the interest income lost to CITY for the amount of the late deposit. In addition, a penalty will be assessed for each occurrence in a calendar month in the following manner:
First occurrence in month= $200 penalty
Second occurrence in month = $300 penalty
Third occurrence in month = $400 penalty
Fourth occurrence and above in month $500 penalty
(The maximum penalty amount per month is $500)
3. CONDUENT shall reimburse CITY each month for any accumulated daily payment account shortages.
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4. Because missed pickups result in late posting of payments received, there will be a penalty for each month in which one or more batches of mail are not picked up from the USPS at the designated time. The penalty will be assessed in the below manner for each occurrence of missed mail pickups from the USPS.
First occurrence in month = $200 penalty per month
Second occurrence in month= $300 penalty
Third occurrence in month= $400 penalty
Fourth occurrence and above in month= $500 penalty
(The maximum penalty amount per month is $500)
5. If CONDUENT fails to process 100% of all correspondence received by mail or electronically within three (3) business days from receipt, a penalty will be assessed for any shortfall as set forth in the chart below:
% of Correspondence Not
Timely Processed Daily Penalty
1% $200
2% $400
3% $600
4% $800
5%+ $1,000
(The maximum penalty amount per business day is $1,000) Correspondence includes initial reviews, administrative hearings, and court appeals.
B. PROCESSING ACCURACY
1. CONDUENT agrees to perform all violation processing in accordance to the Business Plan Requirements (BPR) with a 98% processing accuracy rate on a monthly basis.
Where CONDUENT’s performance is below the 98% accuracy rate and a citation is permanently suspended by mutual agreement of the parties, CONDUENT shall be liable for the penalty set forth in paragraph C.2. below, if the citation was suspended as a direct result of:
(i) CONDUENT’s failure to comply with the BPRs; or
(ii) CONDUENT’s error and the cited third party was not afforded due process according to the California Vehicle Code, and as a result had to be dismissed by CITY staff or CITY's Administrative Hearing Examiner.
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2. CONDUENT’s penalty for the shortfall in accuracy shall be assessed per citation based on the face value of the citation adjusted by the average payment rate not to exceed $1,500.00 in the aggregate per month.
C. SYSTEM MALFUNCTIONS OR INTERUPTIONS
1. CONDUENT shall correct, at no cost to CITY, all system malfunctions.
2. The computer network must maintain on-line system availability at 98% during principal hours of work when the parking citation processing system, including all subsystems, available to CITY and the public for its intended use. The principal hours of work are defined as being Monday through Friday between 8:00am and 5:00pm (Pacific standard time) (except holidays). During non-principal work hours, the system must maintain 95% availability between 5:01 pm and 11:59 pm (Pacific standard time) and 90% availability between 12:00 am and 7:59am (Pacific standard time). Prescheduled maintenance shall not count towards this calculation provided the maintenance window was communicated to the CITY.
3. The system availability requirement shall not be in effect during the period of time that CONDUENT is experiencing a force majeure event as described in Section 31 of this Agreement, at which time the standards governing force majeure event that supersede system availability standards.
4. CONDUENT agrees to provide access to eTIMS® via web portal and make the system available during the principal hours of work as defined in section C(2) of this Exhibit.·
D. SYSTEM DISCONTINUANCE
1. In the event that CONDUENT upgrades the ticket management system, CONDUENT shall provide a minimum of one hundred eighty (180) days’ written notice of intent to cancel support or maintenance of the previous ticket management system.
E. CUSTOMER SERVICE CENTER
1. A 96% monthly call completion rate must be maintained by the CONDUENT. The call completion rate shall be calculated by taking the call completion total against the total calls accepted. Penalties will be assessed for any shortfall as set forth in the chart below:
% of calls below 96% completion rate standard Monthly Penalty Up to 1% $200
2% $400
3% $600
4% $800
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5%+ $1,000
(The maximum penalty amount per month is $1,000)
2. If the average answer delay in the call center exceeds two minutes in any given month a penalty of $250 will be charged for each quarter minute over two minutes of average answer delay, or wait time. The average wait time will be calculated and reported to the customer on a monthly basis according to the reported average wait time.
F. CASHIERING OFFICE
1. The interior appearance of the public area in the building shall be consistent with general workplace standards and characteristics representative of that maintained by CITY. Staff coming in contact with the public shall wear a badge with their first name.
DocuSign Envelope ID: 2C360DDB-2FB9-4384-A3F7-9357ECEDFC89
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Packet Pg. 194 Attachment: CT# 11031 Conduent_Original Contract (7569 : 2nd Modification of Contract with Modaxo for Automated Bike Lane Enforcement 1 FIRST MODIFICATION OF AGREEMENT NO. 11031 (CCS)
This First Modification of Agreement Number 11031 (CCS) (“First Modification”), entered into as of _________________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Modaxo Traffic Management USA Inc. (“Modaxo”) is made with reference to the following:
RECITALS
A. On or about June 25, 2020, the City and Conduent State & Local Solutions Inc. entered into Agreement Number 11031(CCS) for parking citation processing and payment services (“Original Agreement”).
B. On or about March 29, 2024, the City, Modaxo Traffic Management USA Inc., and Conduent State & Local Solutions Inc. entered into a Consent, Assignment and Assumption Agreement of Agreement Number 11031(CCS) (Assumption Agreement) which transfers to Modaxo all rights, benefits, duties, and obligations Conduent State & Local Solutions Inc. may have under the Original Agreement. The Original Agreement and Assumption Agreement may be referred to collectively herein as the “Agreement”.
C. The City and Modaxo desire to modify the Original Agreement to incorporate additional services related to automated bus lane enforcement services, as provided by Hayden AI Technologies, Inc., pursuant to the authorization granted under Agreement No. 11617, and in compliance with Assembly Bill 917 regarding data privacy and processing.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. The first paragraph preamble of the Original Agreement is hereby deleted and replaced with the following paragraph:
This Professional Services Agreement (“Agreement”) entered into as of 06/25/2020 (“Execution Date”), by and between the City of Santa Monica (“City”) and Modaxo Traffic Management USA Inc. (“Conduent” or “Modaxo”) (referred to herein collectively as the “Parties”) is made with reference to the following:
2. Section 2 of the Agreement entitled “Conduent Services” shall be deleted in its entirety and replaced with the following paragraph:
Docusign Envelope ID: 2645E4B2-28ED-45C4-8635-8BDC85A57506 3/24/2025
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Packet Pg. 195 Attachment: #11031 Modaxo_formerly Conduent_1st Modification (7569 : 2nd Modification of Contract with Modaxo for Automated Bike Lane 2 Modaxo Services. Modaxo will perform all of the services described in Exhibit A, Scope of Services (“Services”) and the additional services (“Additional Services”) described in Exhibit A-1. Modaxo will complete the Services in accordance with Exhibit B, Pricing Schedule, and the Additional Services in accordance with Exhibit B-1, Pricing Schedule for Additional Services.
3. The following paragraph shall be added to Section 4 of the Agreement entitled “Compensation”:
Additional Services Compensation. The City shall compensate Modaxo for the Scope of Services in Exhibit A of the Original Agreement and Additional Services outlined in Exhibit A-1 in a total amount not to exceed seven million two hundred thousand dollars ($7.2 million) for the Initial Term, with two additional two-year renewal options in an amount not to exceed three million one hundred thousand dollars ($3.1 million) for each Extension Period, for a total not to exceed amount of thirteen million four hundred thousand dollars ($13.4 million) over a total nine-year period.
4. Subsection 27.2 (Data Ownership) of Section 27 (Compliance with Data Security Requirements) is hereby deleted and replaced with the following:
27.2 Data Ownership. All vehicle, and transaction data originally collected from City, regardless of where the Services is hosted, is and shall at all times remain the sole and exclusive property of the City. Data shall be stored and disposed of in compliance with all applicable federal and state laws, including but limited to AB 917. Modaxo is not permitted to use any such data for any purpose except as necessary to provide and operate the Solution for the City under this Agreement unless preapproved in writing by the City. Modaxo shall not use such data for its own purposes or disclose, share, sell, or license it to third parties.
Modaxo shall provide a perpetual, non-exclusive, irrevocable right and license to the City to use any reports and data collected for the City by Modaxo in performance of this Agreement.
5. Exhibit D (Performance Standards and Penalties) of the Agreement is modified to add the following section as set forth in Exhibit D-1:
G. AUTOMATED BUS LANE ENFORCEMENT SYSTEM STANDARDS:
Modaxo shall not incur any performance penalties due to the City’s inability or non-performance of the tasks provided in Exhibit A-1, City Responsibilities.
6. Exhibit A-1, Exhibit B-1, and Exhibit D-1 are attached hereto and incorporated herein Docusign Envelope ID: 2645E4B2-28ED-45C4-8635-8BDC85A57506
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Packet Pg. 196 Attachment: #11031 Modaxo_formerly Conduent_1st Modification (7569 : 2nd Modification of Contract with Modaxo for Automated Bike Lane 3 by this reference.
7. Execution in Counterparts. This First Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this First Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
8. Except as expressly modified by this First Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.
ATTEST:
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By:
______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By:
_______________________________
Docusign Envelope ID: 2645E4B2-28ED-45C4-8635-8BDC85A57506
DOUGLAS SLOAN
3/22/2025
City Attorney
3/24/2025
Trellint
Jim Vaca
General Manager
Interim City Manager
3/24/2025
Elaine Polachek 3/25/2025
Nikima Newsome
City Clerk
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Packet Pg. 197 Attachment: #11031 Modaxo_formerly Conduent_1st Modification (7569 : 2nd Modification of Contract with Modaxo for Automated Bike Lane 4 Exhibit A - 1
Additional Services
Modaxo shall provide and support a software interface to the City for the City’s contract with Hayden AI Technologies Inc. (Hayden AI) an Automated Bus Lane Enforcement System (“ABLE System”) that will accept violation data and allow the parties to process violation data received from Hayden AI’s camera technology (“Modaxo Image Review System”). The image review system will enable approved City Staff to review, approve, or reject violations and issue Notices of Violation or Warning Notices.
Modaxo shall be compensated by the City for the Additional Services described in this Exhibit A-1 at the rates described in Exhibit B-1.
The Additional Services shall be co-terminus to the Initial Term or, as applicable, to the extension term as described in the Agreement.
Deliverables and Tasks
User Acceptance Testing
Deliverables, as identified herein, unless otherwise specified, shall be made available to the City for user acceptance testing and accepted by the City within fourteen (14) calendar days of delivery to the City by Modaxo, unless the City requests revisions to such deliverable in which case Modaxo will have fourteen (14) days to address the City’s requested revisions and return such revisions to the City upon which the City will have a further fourteen (14) calendar days to review and approve such deliverable. If a deliverable is not accepted by the City in writing within fourteen (14) days of the revised deliverable being provided, such deliverable will be deemed accepted by Modaxo.
Deliverable 1: Digital Image and Violation Data Collection and Processing Modaxo will receive digital images and violation data captured by Hayden AI to create a violation evidence package for the City to complete a final review and authorize the issuance of a citation or reject the evidence. Modaxo will complete the following tasks to provide the Additional Services:
Task 1.1: Provide the City with Modaxo image review processing system supporting the life cycle of violation processing. The system will enable designated City staff to:
• Review, reject, or approve violation events.
• Access all violation-related data and images.
• Perform searches, update records, and dismiss or void events.
Task 1.2: Retrieve violation evidence data from the Hayden AI secure site daily, upload the data into the Modaxo image review system, and send approved violations or warnings to the City’s citation processing system (eTIMS®).
Docusign Envelope ID: 2645E4B2-28ED-45C4-8635-8BDC85A57506
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Packet Pg. 198 Attachment: #11031 Modaxo_formerly Conduent_1st Modification (7569 : 2nd Modification of Contract with Modaxo for Automated Bike Lane 5 Task 1.3: Provide the City access to the Modaxo image review processing system for viewing violation evidence packages; information accessible in the Modaxo image review processing system shall include relevant violation images, video, and metadata. All images will be stored in a format agreed upon by both parties. Evidence package information to consist of:
• Two (2) context still images of the vehicle identified as parked in the bus lane or bus zone. • One (1) region of interest shot of the vehicle license plate. • Vehicle license plate information.
• One (1) 10-second video of incident.
• Associated metadata to store: time, date, location, bus number, and violation type.
Deliverable 2: Secure Online Reports for Citation Data Management Modaxo will provide secure, web-based reports to manage all ABLE-related data, in compliance with applicable privacy laws.
Task 2.1: Maintain the confidentiality, integrity, and availability of collected data as required by CA Assembly Bill (AB) 917. Data will not be shared, repurposed, or monetized except as mutually agreed herein.
Task 2.2: Provide a secure database for storing violation data and images to support the review of ABLE evidence packages.
Task 2.3: Implement reports for City to view and manage violation data, including rejected and approved violations.
Task 2.4: Create a database that enables City staff to search, sort, and analyze violation data by various parameters, including event date, bus route and bus identification number, vehicle plate, and reject category.
All metadata required in Section 6.2 are to be maintained by Modaxo.
Deliverable 3A: California Department of Motor Vehicle Data Integration Modaxo will provide integration with the California Department of Motor Vehicles (“DMV”) database for the purpose of retrieving the registered owner (“RO”) information necessary for the evidence package review process in accordance with applicable law.
Task 3.1: Enable integration with the California DMV to retrieve RO information based on a vehicle license plate (“VLP”) number of the vehicle identified as parked in the bus lane or bus zone.
Task 3.2: Process DMV name and address transactions and update records as needed. The system will allow manual entry of RO information when required. The Modaxo system will update the evidence and violation processing database overnight.
Task 3.3: Submit RO data requests to the DMV every business day with re-requests sent per prescribed timelines. Modaxo is not responsible for any monetary damages resulting from the dismissal of potential violations due to inability to obtain RO information within the statutorily Docusign Envelope ID: 2645E4B2-28ED-45C4-8635-8BDC85A57506
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Packet Pg. 199 Attachment: #11031 Modaxo_formerly Conduent_1st Modification (7569 : 2nd Modification of Contract with Modaxo for Automated Bike Lane 6 provided processing timeline.
Deliverable 3B: Out-of-State (OOO) Department of Motor Vehicle Data Integration Modaxo will facilitate communication with out-of-state (“OOS”) DMV offices to obtain RO information necessary for the evidence package review process in accordance with applicable law.
Submit requests to appropriate OOS DMV on a fixed schedule which varies by state, and with rerequests sent per prescribed timelines. Re-requests to be sent as allowed for in final processing timeline. Modaxo is not responsible for any monetary damages resulting from the dismissal of potential violations due to inability to obtain RO information within the statutorily provided processing timeline.
Task 3.1: Enable retrieval of RO information from OOS DMV’s based on the VLP images of the vehicle identified as parked in the bus lane or bus zone.
Task 3.2: Process DMV name and address transactions and update records as needed. The system will allow manual entry of RO information when required. The Modaxo system will update the evidence and violation processing database overnight.
Deliverable 4: Reports
Modaxo will make available to the City weekly reports based on violation data:
• Citations approved, by officer and violation type.
• Citation dismissals, by officer and violation type.
• Records updated and any errors encountered during processing.
Deliverable 5: Image Review System Training and Documentation Modaxo will provide training and documentation for City staff.
Task 5.1: Conduct training sessions for City personnel. Modaxo shall provide the City with the opportunity for three (3) training sessions to be conducted at a mutually agreed upon date, time and location.
Task 5.2: Provide access to user and functional manuals.
Deliverable 6: System Integration and Notice Development Modaxo will support the integration of Hayden AI’s camera system evidence package data into Modaxo’s image review and violation processing system (“System”) and send approved evidence package data to the City’s current citation processing system, eTIMS®. Events will be ingested from Hayden AI and processed through Modaxo’s System and eTIMS according to the following general schedule:
Step Description Processing System Schedule (Calendar Days) #1: Violation Capture Hayden AI Day 1
#2: Ingestion Modaxo’s System Days 2-4
Docusign Envelope ID: 2645E4B2-28ED-45C4-8635-8BDC85A57506
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Packet Pg. 200 Attachment: #11031 Modaxo_formerly Conduent_1st Modification (7569 : 2nd Modification of Contract with Modaxo for Automated Bike Lane 7 #3: SMPD Review SMPD Manual Cite Review Days 4 - 10
#4: Transfer to eTIMS eTIMS Days 10-11
#5: Printing and Mailing
including Warning/Violation
Notices
Modaxo Vendor Days 11-14
Task 6.1: Integrate Hayden AI’s evidence package data into Modaxo’s System with City accepted/approved violation/warning events transmitted as parking violations to eTIMS® following the City’s current business rules and citation lifecycle.
Task 6.2: Facilitate the development of Notices of Infraction and Warning Notices by sending evidence package information to eTIMS®. The evidence package will consist of:
• Two (2) context still images of the vehicle parked in the bus lane or bus zone. • One (1) region of interest shot of the vehicle license plate. • One (1) 10-second video of incident.
• Associated metadata to provide will be: time, date, location, bus number, VLN, registered owner information, and violation type.
Task 6.3: Configure eTIMS® to support the processing of metadata and images from the approved Hayden AI ABLE violation evidence packages:
• Configure eTIMS® to align ABLE citation processing with the City’s existing parking citation processing business rules and life cycles.
• Configure eTIMS® citation records to accommodate data fields related to ABLE violations such as – time, date, location, bus number/bus route, etc. • Create new notice/violation types (Bus Lane and Bus Stop) with eTIMS® business rules and program logic to support payment, customer service, and adjudication processes. • Set-up eTIMS® reports to support ABLE violation processing and payments. • Establish on-line web capability for motorists to view ABLE evidence packages via weblink and ID code sent as part of the notice of violation.
Deliverable 7: Additional Compliance and Features
• Warning Notices: The Modaxo eTIMS® system will issue warning notices only during the first 60 days of enforcement. The 60-day warning period will also apply if new ABLE camera systems are installed on additional bus routes after the initial implementation period. The City shall be responsible for notifying Modaxo of the date any warning period will commence and terminate.
• Data Security: Modaxo will ensure that all such data is stored securely, managed, and purged as set out herein, and in accordance with applicable law. • Customization: Modaxo will work with the City to develop violation rejection codes tailored to specific enforcement needs (e.g., bus lane/bus stop violations, etc.).
Docusign Envelope ID: 2645E4B2-28ED-45C4-8635-8BDC85A57506
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Packet Pg. 201 Attachment: #11031 Modaxo_formerly Conduent_1st Modification (7569 : 2nd Modification of Contract with Modaxo for Automated Bike Lane 8 Deliverable 8: Evidence Package
• Evidence package will be delivered to City by Modaxo via Modaxo’s System within four days including weekends from the time when the evidence was captured by Hayden AI. • Once the City completes the adjudication of the evidence package via Modaxo’s System, Modaxo will be responsible for processing and mailing the Notices of Infraction within three days after the City has ruled on the status of the evidence package. • Modaxo will secure the RO information from CADMV or OOS DMV when available prior to making the evidence package ability to City via Modaxo’s System.
Deliverable 9: Request to Review of the Video Image Evidence by Registered Owner • In compliance with California statute, Modaxo agrees to develop and provide public access to a web-based portal to accept request to view video images from a vehicle registered owner and allow review of the video through the online portal. Modaxo will develop and provide a webbased portal. • If the registered owner does not have a way to view the video images on the public access webbased portal, information will be provided that the recipient can visit a City of Santa Monica public library and use the computer there.
• Modaxo agrees to provide notification of how a registered owner may request access to the video image.
Deadline for Delivery of Completed Modaxo Image Review System to City • By no later than 90 days after the Execution Date of this First Modification, Modaxo must deliver to City for City’s approval a completed and functioning Modaxo Image Review System.
City Responsibilities
To process citations issued under the ABLE enforcement system in compliance with California statute, the City must complete the following tasks:
• Modaxo’s System: Use Modaxo’s System to initiate an evidence package review daily. • Citation Review: Complete citation reviews within 10 days of violation. For the purposes of this section, the receipt of evidence package is the date that the evidence package is viewable in Modaxo’s System.
• Review Actions: Complete the following tasks:
1. Log into Modaxo’s System and review the evidence package in the review queue.
2. Review CA DMV No-Hit in the Vehicle Registration No-Hit Queue.
3. Verify, approve, or reject events and use the reject reasons below to categorize the event.
4. If the event is rejected, staff shall select one of the following reasons:
- Test Event
- 11 Days Older
- Accident
- Awaiting Right Turn
- Construction/Slurry/Resurfacing
- Dark Environment (Rain)
- Duplicate
Docusign Envelope ID: 2645E4B2-28ED-45C4-8635-8BDC85A57506
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Packet Pg. 202 Attachment: #11031 Modaxo_formerly Conduent_1st Modification (7569 : 2nd Modification of Contract with Modaxo for Automated Bike Lane 9 - Equipment Malfunction - Location Error - No violation - Other - Plate - Foreign - Plate - Obstructed/Not Visible - Plate - Unreadable/Damaged - Poor Image - Vehicle - Police - Vehicle - Fire - Vehicle - Authorized Transit (e.g., Dash/School, etc.) - Vehicle - Local State/Federal Government - Vehicle - Utilities - Vehicle - ADA/Paratransit - Vehicle Moving - Video Skipping or Poor Quality - Special Event Closure - Warning Docusign Envelope ID: 2645E4B2-28ED-45C4-8635-8BDC85A57506
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Packet Pg. 203 Attachment: #11031 Modaxo_formerly Conduent_1st Modification (7569 : 2nd Modification of Contract with Modaxo for Automated Bike Lane 10 Exhibit B - 1
Pricing Schedule for Additional Services
The City shall compensate Modaxo for the Scope of Services in Exhibit A of the Original Agreement and Additional Services outlined in Exhibit A-1 in a total amount not to exceed $7.2 million for the Initial Term, with two additional two-year renewal options in an amount not to exceed $3.1 million for each Extension Period, for a total not to exceed amount of $13.4 million over a total nine-year period.
Additional Services described in this Exhibit A-1 are at the following rate:
Item Description Price
Fixed Monthly Service Fee $ 2,425.00 (Subject to annual CPI adjustment) Per Citation/Warning/ABLE Notice
Fee
$ 0.65 (Subject to annual CPI adjustment)
Monthly Fee per Camera per Bus $ 100.00 (Subject to annual CPI adjustment) Postage Direct pass through per notice of violation mailed Estimated annual costs based on a pilot program of 10 buses issuing approximately 500-550 citations per month:
$ 49,746 Year 1
$ 51,227 Year 2, assumed at 3% CPI
$ 52,764 Year 3, assumed at 3% CPI
$ 54,347 Year 4-Option, assumed at 3% CPI
$ 55,978 Year 5-Option, assumed at 3% CPI
The Additional Services shall be co-terminus to the Initial Term or, as applicable, to the extension term as described in the Agreement.
The Fixed Monthly Service Fee, Per Citation Notice Fee, and Monthly Fee per Camera per Bus set out above shall be adjusted annually as described in the Original Agreement (Exhibit B, Section
2.1).
Postage fees shall be reimbursed directly to Modaxo by the City.
The Fixed Monthly Service Fee, Per Citation Notice Fee, Monthly Fee per Camera per Bus, and Postage costs, for the ABLE System services shall be invoiced by Modaxo to the City monthly.
Docusign Envelope ID: 2645E4B2-28ED-45C4-8635-8BDC85A57506
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Packet Pg. 204 Attachment: #11031 Modaxo_formerly Conduent_1st Modification (7569 : 2nd Modification of Contract with Modaxo for Automated Bike Lane 11 Exhibit D - 1
Performance Standards & Penalties
G. AUTOMATED BUS LANE ENFORCEMENT SYSTEM STANDARDS
MODAXO shall not incur any performance penalties due to the City’s and Hayden AI Technologies inability or non-performance of the tasks provided in Exhibit A-1, Responsibilities.
Docusign Envelope ID: 2645E4B2-28ED-45C4-8635-8BDC85A57506
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Packet Pg. 205 Attachment: #11031 Modaxo_formerly Conduent_1st Modification (7569 : 2nd Modification of Contract with Modaxo for Automated Bike Lane
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. 206 Attachment: Modaxo-Trellint OAKS FY25-26 (7569 : 2nd Modification of Contract with Modaxo for Automated Bike Lane Enforcement Citation
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-monthperiod;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: Title:
Signature: Date:
Email: Phone:
Permit #
FOR CITY USE ONLY:
Bid/PO/Contract #
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Packet Pg. 207 Attachment: Modaxo-Trellint OAKS FY25-26 (7569 : 2nd Modification of Contract with Modaxo for Automated Bike Lane Enforcement Citation 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. ✔
Docusign Envelope ID: EE817EC9-C830-4C17-A611-483ECA7267B1
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Packet Pg. 208 Attachment: Modaxo_Levine Act Signed 11-18-25 (7569 : 2nd Modification of Contract with Modaxo for Automated Bike Lane Enforcement 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.
Scott Winks Group Leader Modaxo Traffic Management USA Inc.
Docusign Envelope ID: EE817EC9-C830-4C17-A611-483ECA7267B1 11/18/2025
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Packet Pg. 209 Attachment: Modaxo_Levine Act Signed 11-18-25 (7569 : 2nd Modification of Contract with Modaxo for Automated Bike Lane Enforcement City Council
Report
City Council Meeting: April 14, 2026
Agenda Item: 4.B
1 of 4
To: Mayor and City Council
From: Christopher Dishlip, Director of Public Works, Public Works Subject: Adoption of Resolution Authorizing Renewal of General Services Agreement with the County of Los Angeles
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) guidelines; and
2. Adopt the attached resolution authorizing the Mayor Pro Tem to execute a General Services Agreement (GSA) with the County of Los Angeles for a fiveyear period through June 30, 2031, covering a variety of offered services such as street maintenance and engineering, and emergency and health services.
Summary
Since 1986, the City has maintained a five-year umbrella General Services Agreement (GSA) with Los Angeles County, allowing the County to provide services to the City on an as-needed basis. Many other cities maintain similar agreements with the County, reflecting a collaborative approach to resource sharing and service delivery. The GSA serves as a comprehensive framework that enables County departments to establish individual contracts with cities. Over time, the City has expanded the range of services included under this agreement to meet evolving needs.
Discussion
The City first entered into a five-year GSA with Los Angeles County in 1986 and has renewed the agreement every five years since. The most recent GSA was approved by the City Council on June 8, 2021, and will expire on June 30, 2026.
4.B
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The City regularly relies on County agencies for services such as direct assessments, subdivision and tract map reviews, health services, bridge inspection and maintenance, storm drain, and emergency response. These services are provided under an umbrella agreement that enables the City to supplement its own resources and engage County services quickly when needed. Similar agreements have been executed in prior years for this purpose.
The GSA establishes a general framework that authorizes the County to provide requested services, outlines the process for requesting and paying for services, and includes provisions for annual rate adjustments. It also serves as a comprehensive structure allowing County departments to enter into individual contracts with cities.
Historically, the City has not made extensive use of County services.
The proposed General Services Agreement does not cover specific services for which the City and County have negotiated separate agreements. The City is under no obligation to make use of County services unless and until it reviews and agrees to the rates charged by the County at the time services are requested. The County AuditorController determines the costs of individual services annually. Rates charged in past years were reasonable.
Environmental Review
The contract modification is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The award contract is covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The General Services Agreement allows the City to work with the County on general services. These services may include street maintenance, animal control, tract map checking, health services, engineering, and emergency services. Therefore, it can be seen with certainty that the agreement would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA.
4.B
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Past Council Actions
Meeting Date Description
04/12/11 (Attachment A) Council approved a General Services Agreement between the City of Santa Monica and the County of
Los Angeles.
03/22/16 (Attachment B) Council approved General Services Agreement between the City of Santa Monica and the County of
Los Angeles.
06/8/21 (Attachment C) Council approved General Services Agreement between the City of Santa Monica and the County of
Los Angeles.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Departments which use County services would charge the costs to already budgeted accounts. Staff will return to Council if specific budget actions are required in the future.
Prepared By: Yolanda Nunez, Principal Administrative Analyst Approved Forwarded to Council
Attachments:
A. April 12, 2011 Staff Report (web link)
B. March 22, 2016 Staff Report (web link)
C. June 8, 2021 Staff Report (web link)
D. Contract 9355 CCS - 2011
E. 2016 - 2021 Executed GSA for City of Santa Monica
F. 2021 - 2026 Executed GSA for City of Santa Monica
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G. 2026 Los Angeles County GSA Resolution
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Packet Pg. 214 Attachment: Contract 9355 CCS - 2011 (7538 : General Services Agreement with LA County)
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Packet Pg. 215 Attachment: Contract 9355 CCS - 2011 (7538 : General Services Agreement with LA County)
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Packet Pg. 216 Attachment: Contract 9355 CCS - 2011 (7538 : General Services Agreement with LA County)
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Packet Pg. 217 Attachment: Contract 9355 CCS - 2011 (7538 : General Services Agreement with LA County)
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Packet Pg. 218 Attachment: Contract 9355 CCS - 2011 (7538 : General Services Agreement with LA County)
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Packet Pg. 219 Attachment: Contract 9355 CCS - 2011 (7538 : General Services Agreement with LA County)
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Packet Pg. 220 Attachment: Contract 9355 CCS - 2011 (7538 : General Services Agreement with LA County)
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Packet Pg. 221 Attachment: Contract 9355 CCS - 2011 (7538 : General Services Agreement with LA County)
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Packet Pg. 222 Attachment: 2016 - 2021 Executed GSA for City of Santa Monica (7538 : General Services Agreement with LA County)
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Packet Pg. 223 Attachment: 2016 - 2021 Executed GSA for City of Santa Monica (7538 : General Services Agreement with LA County)
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Packet Pg. 224 Attachment: 2016 - 2021 Executed GSA for City of Santa Monica (7538 : General Services Agreement with LA County)
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Packet Pg. 225 Attachment: 2016 - 2021 Executed GSA for City of Santa Monica (7538 : General Services Agreement with LA County)
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Packet Pg. 226 Attachment: 2016 - 2021 Executed GSA for City of Santa Monica (7538 : General Services Agreement with LA County)
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Packet Pg. 227 Attachment: 2016 - 2021 Executed GSA for City of Santa Monica (7538 : General Services Agreement with LA County)
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Packet Pg. 228 Attachment: 2021 - 2026 Executed GSA for City of Santa Monica (7538 : General Services Agreement with LA County)
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Packet Pg. 229 Attachment: 2021 - 2026 Executed GSA for City of Santa Monica (7538 : General Services Agreement with LA County)
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Packet Pg. 230 Attachment: 2021 - 2026 Executed GSA for City of Santa Monica (7538 : General Services Agreement with LA County)
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Packet Pg. 231 Attachment: 2021 - 2026 Executed GSA for City of Santa Monica (7538 : General Services Agreement with LA County)
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Packet Pg. 232 Attachment: 2021 - 2026 Executed GSA for City of Santa Monica (7538 : General Services Agreement with LA County)
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Packet Pg. 233 Attachment: 2021 - 2026 Executed GSA for City of Santa Monica (7538 : General Services Agreement with LA County) 1 City Council Meeting April 14, 2026 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AUTHORIZING A FIVE-YEAR RENEWAL OF THE CITY’S EXISTING
GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES WHEREAS, effective June 8, 2021, the City of Santa Monica entered into a General Services Agreement with the County of Los Angeles, under which the County, on an as-needed basis at the City’s request and with the City’s agreement, performs certain services for the City; and
WHEREAS, General Service Agreements have been executed by the County with most cities within the County; and
WHEREAS, the General Services Agreement is general in nature and simply authorizes the County to provide services requested by the City; services provided under the General Services Agreement consist of “as-needed” time-limited services such as predatory animal control, direct assessment collection, and a variety of public works services (as negotiated directly with County Departments); and WHEREAS, the existing General Services Agreement between the City and County will expire on June 30, 2026; and
WHEREAS, to ensure continuation of any services the City is currently receiving, and to provide the City with the ability to add or augment services in the future, the City desires to renew the existing General Services Agreement for a five-year period, commencing on July 1, 2026 through June 30, 2031; and
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Packet Pg. 234 Attachment: 2026 Los Angeles County GSA Resolution (7538 : General Services Agreement with LA County) 2 WHEREAS, the County has advised that the renewed General Services Agreement must be approved by the Council and signed by the Mayor or Mayor Pro Tem.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The Recitals, above, are incorporated herein by this reference.
SECTION 2. The renewal of the existing General Services Agreement for a fiveyear period, commencing July 1, 2026 through June 30, 2031, is hereby authorized.
SECTION 3. The Mayor or Mayor Pro Tem is authorized to execute all documents necessary to implement the authorized renewal of the existing General Services Agreement for a five-year period, commencing July 1, 2026 through June 30, 2031.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
HEIDI VON TONGELN
City Attorney
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Packet Pg. 235 Attachment: 2026 Los Angeles County GSA Resolution (7538 : General Services Agreement with LA County) City Council
Report
City Council Meeting: April 14, 2026
Agenda Item: 4.C
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To: Mayor and City Council
From: Christopher Dishlip, Director of Public Works, Architecture Services Division Subject: Award Bid SP2658 to JM Communications for the Sewer Lateral Beach Restrooms Project
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Statutory Exemption pursuant to Section 21080.21 of the California Environmental Quality Act (CEQA) and a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) and Section 15302 (Replacement/Reconstruction) of the CEQA Guidelines.
2. Award Bid #SP2658 to JM Communications for construction services of the Beach Restrooms Sewer Lateral Repair Project for the Public Works Department; and
3. Authorize the City Manager to execute a contract with JM Communications, in an amount not to exceed $438,926 (including a 15% owners’ allowance and 10% contingency) for Beach Restrooms Sewer Lateral Repair.
Summary
Council has previously directed staff, through the Realignment Plan approved in 2025, to invest in safety, parks, and public spaces that feel welcoming citywide. This project entails the replacement of deteriorated sewer laterals serving the beach restrooms at six locations. The existing laterals, constructed with outdated materials, have reached or exceeded their typical service life. Recent inspections and operational observations have confirmed signs of failure, necessitating immediate proactive replacement to restore full functionality and prevent escalation of issues.
These defects have led to recurring operational challenges within or near the hightraffic restroom facilities. In a beach environment, such failures pose heightened
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risks, including contamination of adjacent coastal areas, public health hazards to beachgoers and staff, and environmental impacts on marine ecosystems. Staff recommend awarding Bid #SP2658 to JM Communications and entering into a contract for construction services for an amount not to exceed $438,926 (including a 15% owner’s allowance and 10% project contingency) for the Beach Restrooms Sewer Lateral Repair Project.
Discussion
The existing laterals, constructed with outdated materials and aging infrastructure standards, have reached or exceeded their typical service life. Over time, these lines have become increasingly vulnerable to root intrusion, sediment buildup, structural cracking, and corrosion, all of which compromise normal wastewater conveyance.
The recommendation to replace the failing sewer laterals at the six beach restroom locations was based on routine maintenance records, documented service disruptions (such as slow drains, odors, and backups), and field evaluations.
In addition, visual and operational observations conducted by staff at the beach confirmed recurring issues. These high-traffic public facilities experience seasonal peaks, which intensify the impact of any system failures particularly during summer months, holidays, and large community events, which further amplify both the operational challenges and the public impacts associated with lateral failures. In a coastal setting, even minor malfunctions can quickly escalate into sanitation concerns, potential contamination risks, and service interruptions that affect beachgoers, maintenance staff, and the surrounding environment. Proactive replacement at this time will mitigate the likelihood of emergency failures, reduce long-term maintenance costs, improve overall system reliability, and ensure uninterrupted service during peak visitation periods.
Vendor Selection
Bidder Recommendation
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Best Bidder JM Communications, Inc
Evaluation Criteria Price, experience, and project team Municipal Code SMMC 2.24.180
Submittals Received
JM Communications,
Inc
$351,141.15 Demo Leaders, Inc $638,001.00
Mehta Mechanical
Company
$387,000.00 Global Builders, Inc $698,888.00
The Nazerian Group $488,123 R Dependable Const, Inc $825,000.00 Crosby Plumbing, Inc $506,912.45 California Constructors $1,394,875.00 RAMCO $518,730.00
Bid Data
Date Posted Posted On Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Dated Publicly
Opened
8/11/2025 City's Online
Bidding Site
Santa Monica Daily
Press
78 9/29/2025
Best Bidder Justification
The evaluation committee recommends awarding RFB SP2658 to JM Communications, Inc. as the best-qualified bidder based on bid price, relevant experience, and the strength of its project team. The project requires specialized equipment, appropriate contractor licensing, and technical expertise. The recommended bidder has demonstrated the capability to successfully perform and complete similar projects throughout California and submitted the lowest responsive bid.
Environmental Review
This project is statutorily exempt from CEQA pursuant to Section 21080.21, which states that CEQA does not apply to any project of less than one mile in length within a public street or highway, or any other public right-of-way, for the installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing pipeline. Additionally, the project is categorically exempt from CEQA pursuant to Sections 15301 (Existing Facilities) and
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15302 (Replacement/Reconstruction) of the CEQA Guidelines. Section 15301 provides exemption (Class 1) for the operation, repair, maintenance, or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use. Section 15302 (Class 2) provides exemption for the replacement or reconstruction of existing structures and facilities where the new structure would be located on the same site as the structure replaced and would have substantially the same purpose and capacity as the structure replaced.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Beach Fund to award a contract with JM Communications, Inc. for construction services of the Sewer Lateral Beach Restroom Project.
Contract Request
FY 2025-26
Request Amount
CIP Account # Total Contract
Amount
$398,926 C1108720.689000 $398,926
$40,000 C1109170.689000 $40,000
$438,926 Total $438,926
Future year funding is contingent on Council budget approval.
Prepared By: Jared Schultz, CIP Project Manager
Approved Forwarded to Council
Attachments:
A. JM_-_Levine_Act_Disclosure_Form_2025_2-26-25 (2)-flat B. JM_-_Oaks_Initiative_Disclosure_Form (2)-flat
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Packet Pg. 240 Attachment: JM_-_Levine_Act_Disclosure_Form_2025_2-26-25 (2)-flat (7557 : Sewer Lateral Beach Restrooms)
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Packet Pg. 241 Attachment: JM_-_Levine_Act_Disclosure_Form_2025_2-26-25 (2)-flat (7557 : Sewer Lateral Beach Restrooms)
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Packet Pg. 242 Attachment: JM_-_Levine_Act_Disclosure_Form_2025_2-26-25 (2)-flat (7557 : Sewer Lateral Beach Restrooms)
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Packet Pg. 243 Attachment: JM_-_Levine_Act_Disclosure_Form_2025_2-26-25 (2)-flat (7557 : Sewer Lateral Beach Restrooms)
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Packet Pg. 244 Attachment: JM_-_Levine_Act_Disclosure_Form_2025_2-26-25 (2)-flat (7557 : Sewer Lateral Beach Restrooms)
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Packet Pg. 245 Attachment: JM_-_Oaks_Initiative_Disclosure_Form (2)-flat (7557 : Sewer Lateral Beach Restrooms) City Council
Report
City Council Meeting: April 14, 2026
Agenda Item: 4.D
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To: Mayor and City Council
From: Oscar Santiago, Director, Finance Department, Risk Management Subject: Adoption of a Resolution to Join Public Risk Innovation, Solutions, and Management (PRISM), a Joint Powers Authority for City's Advanced Provider Unit (APU) Program
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Adopt the attached resolution approving the City of Santa Monica’s membership with Public Risk Innovation, Solutions, and Management (PRISM), a Joint Powers Authority, for the City’s Advanced Provider Unit (APU) Program.
Summary
The City’s Advanced Provider Unit (APU) program utilizes contracted Nurse Practitioners paired with Firefighter Paramedics to provide field-based clinical care, resulting in a medical malpractice exposure that is not covered under existing City insurance policies. Although Nurse Practitioners maintain individual professional liability insurance, these policies do not adequately protect the City from related malpractice claims.
PRISM is a statewide Joint Powers Authority (JPA) and the nation’s largest memberdirected risk-sharing pool for public entities. It offers broad, cost-effective medical malpractice coverage. The cost of PRISM coverage is approximately equal to the combined cost of the two medical malpractice policies the City currently maintains.
Membership will provide high-limit malpractice coverage for APU operations and
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eliminate the need for these separate policies. It will also position the City to obtain appropriate, scalable coverage for any future programs involving medical or other specialized operational risks. Coverage has been placed retroactively to November 3, 2025, to match the start of the APU program, pending Council approval of PRISM membership.
Discussion
The City incurs malpractice exposure whenever APU personnel perform clinical assessments, make treatment or medical-clearance decisions, or provide follow-up care in the field. Nurse Practitioners carry individual professional liability insurance with limits of $1 million per occurrence. However, those policies do not extend to the City’s broader malpractice exposure. PRISM coverage would close this gap. It would provide the City with malpractice limits of $21,475,000 per occurrence, subject to certain exclusions and a $25,000 deductible.
PRISM’s statewide public-agency structure, financial strength, and long-term rate stability make it an appropriate and reliable mechanism for insuring the City’s APUrelated risk. Membership would also remove the need to buy separate malpractice coverage for the Fire Department’s Medical Director and EMS Coordinator. The total annual cost of these existing policies is about equal to the cost of getting comprehensive, high-limit coverage through PRISM.
Environmental Review
This contract is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The agreement is covered by the common sense exemption, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The action involves approval of the City’s membership with a JPA and does not entail any physical change to the environment. Therefore, it can be stated with certainty that the action will not result in adverse physical environmental impacts and is consequently exempt from CEQA.
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Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future. The estimated premium costs are $7,838 for FY 2025-26 and $11,912 for FY 2026-27. Funding has already been allocated in the Self-Insurance, Liability and Auto Fund within the FY 2025-27 Biennial Budget.
Prepared By: Oles Gordeev, Risk Manager
Approved Forwarded to Council
Attachments:
A. Attachment A - PRISM Resolution 4.14.26
B. Attachment B - PRISM Joint Powers Agreement
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ATTACHMENT A
1 City Council Meeting: April 14, 2026 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA TO JOIN PUBLIC RISK INNOVATION, SOLUTIONS, AND
MANAGEMENT
WHEREAS, Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (Section 6500 et seq.) permits two or more public agencies by agreement to exercise jointly powers common to the contracting parties; and WHEREAS, the City of Santa Monica (“City”) desires to join together with the members of the Public Risk Innovation, Solutions, and Management (“PRISM”), a joint powers authority, for the purpose of jointly funding and/or establishing excess and other insurance programs as determined; and
WHEREAS, PRISM is the nation’s largest member-directed risk-sharing pool for public entities; and
WHEREAS, PRISM has determined that it is necessary for each member of PRISM to delegate to a person or position authority to act on the member’s behalf in matters relating to the member and PRISM.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AND PROCLAIM AS FOLLOWS:
SECTION 1. The City Council hereby approves the City becoming a member of PRISM and authorizes the City’s Risk Manager, to negotiate and execute the Public Risk Innovation, Solutions. And Management Joint Powers Agreement.
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Packet Pg. 249 Attachment: Attachment A - PRISM Resolution 4.14.26 (7605 : Public Risk Innovation, Solutions, and Management (PRISM) Membership)
ATTACHMENT A
2 SECTION 2. Except as to actions that must be approved by the City Council, the City Council authorizes the City’s Risk Manager to act in all matters relating to the City and PRISM.
SECTION 3. If any section, subsection, clause or phrase in this resolution is for any reason held invalid, the validity of the remainder of this resolution shall not be affected thereby. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrase thereof be held invalid.
SECTION 4.The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
HEIDI VON TONGELN
Interim City Attorney
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Packet Pg. 250 Attachment: Attachment A - PRISM Resolution 4.14.26 (7605 : Public Risk Innovation, Solutions, and Management (PRISM) Membership) Adopted: October 5, 1979
Amended: May 12, 1980
Amended: January 23, 1987
Amended: October 7, 1988
Amended: March 1993
Amended: November 18, 1996
Amended: October 4, 2005
Amended: February 28, 2006
Amended: June 30, 2020
JOINT POWERS AGREEMENT
PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT
This Agreement is executed in the State of California by and among those counties and public entities organized and existing under the Constitution of the State of California, which are parties signatory to this Agreement. Public Risk Innovation, Solutions, and Management (referred to herein as PRISM), formerly known as CSAC Excess Insurance Authority, was formed under the sponsorship of CSAC. California counties, hereinafter called member counties, and public entities, hereinafter called member public entities, (collectively “members”) shall be listed in Appendix A, which shall be attached hereto and made a part hereof.
RECITALS
WHEREAS, Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (Section 6500 et seq.) permits two or more public agencies by agreement to exercise jointly powers common to the contracting parties; and
WHEREAS, Article 16, Section 6 of the California Constitution provides that insurance pooling arrangements under joint exercise of power agreements shall not be considered the giving or lending of credit as prohibited therein; and
WHEREAS, California Government Code Section 990.4 provides that a local public entity may self-insure, purchase insurance through an authorized carrier, or purchase insurance through a surplus line broker, or any combination of these; and
WHEREAS, pursuant to California Government Code Section 990.6, the cost of insurance provided by a local public entity is a proper charge against the local public entity; and WHEREAS, California Government Code Section 990.8 provides that two or more local entities may, by a joint powers agreement, provide insurance for any purpose by any one or more of the methods specified in Government Code Section 990.4 and such pooling of self-insured claims or losses is not considered insurance nor subject to regulation under the Insurance Code; and WHEREAS, the counties and public entities executing this Agreement desire to join together for the purpose of jointly funding and/or establishing excess and other insurance programs as determined; NOW THEREFORE, the parties agree as follows:
ARTICLE 1
DEFINITIONS
“CSAC" shall mean the County Supervisors Association of California, dba California State Association of Counties.
"Board of Directors" or "Board" shall mean the governing body of PRISM. "Claim" shall mean a claim made against a member arising out of an occurrence, which is covered by an excess or primary insurance program of PRISM in which the member is a participant.
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Packet Pg. 251 Attachment: Attachment B - PRISM Joint Powers Agreement (7605 : Public Risk Innovation, Solutions, and Management (PRISM) Membership) JPA, PRISM Amended: June 30, 2020