Agenda packet — Santa Monica City Council, June 9, 2026 (part 3 of 10)

Grant Number: 10271
Project Name: Santa Monica Airport Conversion Planning & Design Grant Amount: $499,149.00
Project Summary: Planning and design of a new 20-acre park at the Santa Monica Airport site, from schematic design through 50% construction documents. Work includes cost estimates, technical specifications, and community engagement.

Agreement Term: 2 Years from Agreement Execution (_______________ – _______________)

PARTIES TO AGREEMENT
RPOSD: GRANTEE:

Los Angeles County City of Santa Monica
Regional Park and Open Space District 1685 Main Street - Mail Stop 15 1000 South Fremont Avenue, Unit #40 Santa Monica, CA 90401 Building A-9 East, Ground Floor
Alhambra, CA 91803

RECITALS
The Grantee (“Grantee”) and the Los Angeles County Regional Park and Open Space District (“RPOSD”) do hereby enter into this Grant Agreement (“Agreement”), and under the terms and conditions of this Agreement.

1. Whereas Grantee agrees to complete the project as summarized in the Project Summary and as set forth in its entirety in Exhibit 1 (hereinafter referred to as “Project”) and,

2. Whereas RPOSD, acting through the Director of the County of Los Angeles Regional Park and Open Space District, or her designee, and pursuant to Measure A, agrees to fund the Project not to exceed the awarded grant amount.

Now, therefore, it is hereby agreed as follows:

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Packet Pg. 541 Attachment: Grant Agmt 10271_PD_Competitive_Airport Conversion-Santa Monica Revised_5.19.26 (7665 : Measure A Airport Conversion

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016

GRANT AGREEMENT
GRA

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CONDITIONS
The Grants Administration Manual (GAM), and any subsequent changes or additions thereto, and the Measure A Resolution are hereby incorporated in this Agreement as though set forth in full. In the event of any conflict between the terms of this Agreement and the GAM or the Measure A Resolution, the Measure A Resolution shall control, followed by the GAM, followed by this Agreement.

Article 1: Grant Scope
The Grantee shall provide all necessary and qualified personnel, equipment, material, and facilities to complete the Project in its entirety.

Grantee shall carry out the Project in accordance with the approved scope, as it may be amended in accordance with the terms of this Agreement.

Article 2: Term of Agreement
This Agreement shall take effect when executed by an authorized representative of both parties (“Effective Date”), and shall terminate on __________, unless terminated sooner based on the provisions set forth in this Agreement (“Term”).

Project costs must be incurred within the Term to be eligible for reimbursement.

Article 3: Maximum Grant Award
The Maximum Grant Award for the Project is $499,149.00.

Grant funds will be disbursed on a reimbursement basis, and in accordance with the Project Budget in RPOSD’s grants management system (“GMS”).

1. Grantee will use the grant funding solely for the purposes described in this Agreement and in accordance with Grantee’s funded application detailed in GMS.

2. Grantee will return to RPOSD, or RPOSD shall retain, any funds not expended or committed for the purposes of the Grant within the Project Timeline.

3. Grantee understands that the Grant is not a gift and agrees that RPOSD is granting funds for Grantee to complete the Project.

4. Construction costs are ineligible under the terms of this Agreement.

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GRANT AGREEMENT
GRA

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5. Grant funds may not be used to fund any project expense for which funding has already been secured from Proposition A, Measure A, or other sources.

6. Grantee may only request reimbursement for project expenses that are distinct and separate from any elements funded by other sources.

Article 4: Cap on Indirect Costs
The total accumulated indirect costs amount shall not exceed twelve percent (12%) of the maximum grant award.

Article 5: Expenditure of Funds and Allocation of Funds Between Budget Items The Grantee shall expend funds consistent with the approved grant budget. Any revisions to the budget that contemplates shifting funds from approved Project Budget line items into a different category, must be identified in a revised budget submitted by Grantee within RPOSD’s GMS and approved in advance by RPOSD. RPOSD has sole discretion to determine whether to approve a Project Budget revision.

RPOSD may withhold payment for items which exceed the amount allocated in the Project Budget which have not received the prior approval required above. Any approved increase in the funding for any budgeted item shall mean a decrease in the funding for one or more other budgeted items.

Article 6: Project Costs and Reimbursements
RPOSD shall reimburse funds for costs incurred, up to 90% of the grant amount, upon the Grantee’s satisfactory progress of the Project. Reimbursements shall be initiated upon submission of an electronic claim form, which shall be submitted no more frequently than monthly.

RPOSD shall disburse the final ten percent held in retention, upon the Grantee’s satisfactory completion of the Project, submission of required documentation and upon RPOSD’s acceptance of the Project as complete. Project costs must be incurred within the Project Timeline to be eligible for reimbursement.

The Grantee shall request reimbursements by submitting a claim to RPOSD through the electronic grants management system and address all forms and requirements of the claim process, in accordance with the procedure set forth in the GAM as amended.

RPOSD shall reimburse the Grantee for eligible costs incurred within the Project Timeline, up to the total grant amount. The Grantee shall submit payment requests through RPOSD's GMS.

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GRANT AGREEMENT
GRA

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Article 7: Advancing Funds
The Grantee may request a limited advance of grant funds pursuant to the requirements and processes set forth in the GAM.

Article 8: Project Completion
The Grantee shall complete the Project by the termination date of this Agreement. No later than one year from completion of the Project, or one year from expiration of the term of this Agreement, whichever is first, Grantee shall complete the process as set forth in the GAM.

Article 9: Early Termination, Suspension, and Failure to Perform After commencement of the Project, but before completion, RPOSD may terminate or suspend this Agreement, in whole or in part, for cause by providing the Grantee with (30) thirty-day notice in writing. Grantee shall immediately stop work under the Agreement and take all reasonable measures to prevent further costs to RPOSD. Any notice suspending work under this Agreement shall remain in effect until further written notice from RPOSD authorizes work to resume, if provided.

Before the Project is complete, the Grantee may terminate this Agreement for any reason by providing RPOSD with thirty (30) day notice in writing and repayment to RPOSD of all amounts disbursed by RPOSD under this Agreement.

The parties expressly agree to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this Agreement under this section.

Grantee shall include in any Agreement with any contractor retained for work under this Agreement a provision that entitles Grantee to suspend or terminate the agreement with the contractor for any reason on written notice and on the same terms and conditions specified in this section.

Article 10: Severability
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the agreement and shall not cause the remainder to be invalid or unenforceable.

In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.

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Packet Pg. 544 Attachment: Grant Agmt 10271_PD_Competitive_Airport Conversion-Santa Monica Revised_5.19.26 (7665 : Measure A Airport Conversion

GRANT AGREEMENT
GRA

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Article 11: Copyright and Work Products
Grantee has the right to Copyright protect original works developed under this Grant. All such copyrighted works will be in the name of the Grantee. Grantee grants to RPOSD an irrevocable and royalty-free right and license to use, reproduce, prepare derivative works, distribute copies, and perform and display publicly any copyrighted material developed and/or delivered under this Agreement.

Article 12: Indemnification and Hold Harmless
Grantee shall indemnify, defend and hold RPOSD, its officers, and employees harmless from and against any and all liability to any third party for or from loss, damage or injury to persons or property in any manner arising out of, or incident to, the performance of this Agreement or the planning, arranging, implementing, sponsoring or conducting of the Project or any other operation, maintenance or activity by the Grantee. Grantee agrees to defend and indemnify RPOSD from all costs and expenses, including attorney’s fees, in any action or liability arising under this Agreement or the planning, arranging, implementing, sponsoring or conducting of the Project or any other operation, maintenance or activity by the Grantee in furtherance of the Project.

RPOSD shall have no liability for any debts, liabilities, deficits or cost overruns of the Grantee.

Grantee and RPOSD agree that the liability of RPOSD hereunder shall be limited to the payment of the funds pursuant to the terms and conditions of this Agreement. Any contracts entered into, or other obligations or liabilities incurred by, the Grantee in connection with the Project or otherwise relating to this Agreement shall be the sole responsibility of the Grantee, and RPOSD shall have no obligation or liability whatsoever thereunder or with respect thereto.

The obligations in this “Indemnification and Hold Harmless” section shall survive termination of this Agreement.

Article 13: Amendments
As provided herein, no amendment of any of the terms or conditions of the Agreement will be effective unless provided in writing and signed by all parties. It is the responsibility of the Grantee to ensure that any person who signs an amendment on its behalf is duly authorized to do so. No oral understanding or agreement not incorporated in this agreement shall be binding on any of the parties. Requests for amendments must be submitted through GMS no later than six (6) months before the termination of the Agreement. Due to the competitive nature of this funding program, RPOSD, in its sole discretion, shall determine whether to grant an amendment but is under no obligation to approve any such request.

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GRANT AGREEMENT
GRA

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Article 14: Compliance with Laws and Regulations
Grantee shall at all times comply with all applicable federal, state and local laws, statutes, rules, regulations and ordinances. This Agreement is governed by the laws of the State of California, and the parties agree that the enforcement of the Agreement, and the resolution of any disputes arising out of or related to the subject matter of the Agreement, shall be resolved in a court of competent jurisdiction. Grantee agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agrees and consents that venue of any action brought hereunder will be exclusively in the County of Los Angeles.

Article 15: Notices
All notices permitted or required to be given under this Agreement shall be in writing and shall be deemed given: (i) if entered and/or uploaded to RPOSD’s electronic GMS; (ii) if delivered by courier, on receipt by the intended recipient or on the date of delivery (as confirmed by, if delivered by courier, the records of such courier); (iii) if mailed, on the date of delivery as shown by the return receipt; (iv) if by email, on the date officially recorded as delivered, according to return receipt or other record of delivery. Notices shall be addressed to the RPOSD Grants Officer assigned to this grant in the grants management system. A copy of all written notices shall also be sent to [email protected].

Article 16: Audits, Accounting, Records
Grantee agrees to maintain satisfactory financial accounts, documents and records for the Project and to make them available to RPOSD for auditing at reasonable times. Grantee also agrees to retain such financial accounts, documents and records for five (5) years after closeout or termination of the Agreement, whichever is later.

Grantee agrees to maintain, and make available for RPOSD inspection, accurate records of all its costs, reimbursements and receipts with respect to its activities under this Agreement.

Grantee agrees to use an accounting system that complies with generally accepted accounting principles.

At any time during the term of this Agreement or at any time within 5 years after the expiration or prior termination of this Agreement, authorized representatives of RPOSD may conduct an audit of Grantee for the purpose of verifying appropriateness and validity of expenditures that Grantee has submitted to RPOSD for reimbursement under the terms of this Agreement.

Grantee, within thirty (30) days of notification that an audit has resulted in the exception of expenditures, may dispute the audit findings in writing to RPOSD and provide RPOSD with

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GRANT AGREEMENT
GRA

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records and/or documentation to support the expenditure claims. RPOSD shall review this documentation and make a final determination as to the validity of the expenditures.

If Grantee has received all grant monies prior to the audit, or if remaining grant monies are insufficient, and if said audit reveals expenditures that cannot be verified or that were paid in violation of the terms of this Agreement, the Measure or the GAM, Grantee shall pay RPOSD an amount equal to these expenditures within sixty (60) days after receiving written notification of the expenditures disallowed and the reason for the disallowance.

Article 17: Computer Software
The Grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this agreement, RPOSD funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws.

Article 18: Public Access and Nondiscrimination
During the performance of this agreement, the Grantee shall not discriminate against any person on the basis of race, color, sex, sexual orientation, age, religious belief, national origin, marital status, physical or mental handicap, medical condition, or place of residence.

All work funded under this Agreement must advance a project that, upon future development, will be open and accessible to the general public without discrimination on any basis identified above. The Grantee shall not use grant funds to plan, design, or otherwise advance a project, or any component thereof, that is intended or reasonably expected to:
a) restrict public access through unreasonable gating, membership requirements, residency preferences, discriminatory fee structures, or other exclusionary conditions;
b) limit access or use in a manner that differentiates between residents and nonresidents of any jurisdiction, including but not limited to preferential registration, pricing, or scheduling;
c) serve a primarily private, commercial, or non-public purpose; or d) result in a facility, improvement, or open space that would not satisfy the public access requirements of Measure A, the GAM, or RPOSD's deed restriction requirements applicable to future development grants. If RPOSD determines at any time during the term of this Agreement that the work is advancing a project inconsistent with these requirements, RPOSD may suspend reimbursements, require corrective action, or terminate this Agreement in accordance with Article 10.

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GRANT AGREEMENT
GRA

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The Grantee shall promptly notify RPOSD in writing of any change in Project circumstances that may affect compliance with this section. Nothing in this section limits the ability of the Grantee or a future project operator to establish reasonable rules governing hours of operation, reservation systems open to all members of the public, or use restrictions necessary for resource protection, public safety, or facility management, provided such rules are applied on a nondiscriminatory basis consistent with the terms of Measure A and the GAM.

Article 19: Independent Capacity
The Grantee, and the agents and employees of the Grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of RPOSD.

Article 20: Assignment
This agreement is not assignable by the Grantee in whole or in part.

Article 21: Good Standing
A Grantee is in Good Standing when the Grantee is in compliance with all requirements stated in the Grant Agreement, GAM, policies, and procedures of RPOSD for both Proposition A and Measure A. Good Standing is required of Grantees for payment requests to be processed and to receive or apply for any grant funds from RPOSD.

Article 22: Community Engagement
The Grantee must conduct community outreach and engagement that meets the minimum requirements, as defined in the GAM, with the intent to ensure that communities throughout Los Angeles County are aware of and can help determine spending priorities for their projects and to facilitate a transparent process by which agencies report use of Measure A funds.

For specific details and requirements, refer to the GAM, as amended.

Article 23: Funding Acknowledgment
Grantee is required to acknowledge RPOSD’s financial assistance for the Project consistent with the conditions set forth in the GAM, which may include, without limitation: (1) printed and electronic materials, (2) social media, and (3) project announcements. Failure to comply with RPOSD’s funding acknowledgment requirements may delay eligible reimbursements and result in a loss of Good Standing.

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GRANT AGREEMENT
GRA

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Article 24: Grant Status Updates
Grantee shall submit Grant Status Update Reports to RPOSD through grants management system by the due date(s) identified by RPOSD. Failure to submit a Grant Status Update by the due date may result in delayed claim reimbursement and potentially loss of Good Standing.

Article 25: Future Development Obligations
Grantee acknowledges that the planning and design work funded under this Agreement is intended to advance a project toward future development aligned with Measure A’s requirements of perpetuity, deed restriction, and public access requirements.

For specific details and requirements, refer to the GAM, as amended.

Article 26: Material Findings Disclosure
Grantee shall notify RPOSD in writing within ten (10) business days of discovery of any significant development that may: (a) substantially change the proposed or approved scope; (b) affect the Project’s timeline or milestones; or (c) raise concerns about the Project’s feasibility or timely implementation. Notifications must include a summary of the issue, potential impacts, and any mitigation steps being considered. RPOSD will work collaboratively with Grantee to adjust and respond to evolving project needs, if RPOSD deems it possible. However, failure to disclose material changes may affect reimbursement eligibility, Good Standing, and future funding access, consistent with RPOSD policies and the GAM, as amended.

Article 27: Authorization Warranty
Grantee represents and warrants that the person executing this Agreement on behalf of Grantee is an authorized agent who has actual authority to bind Grantee to each term, condition, and obligation of this Agreement and that all requirements of the Grantee have been fulfilled to provide such actual authority.

Article 28: Conflict of Interest
No RPOSD employee whose position with RPOSD enables such employee to influence the award of this Agreement, and no spouse or economic dependent of such employee, shall be employed in any capacity by Grantee or have any other direct or indirect financial interest in this Agreement. No officer or employee of Grantee who may financially benefit from the performance of work hereunder shall in any way participate in RPOSD’s approval, or ongoing evaluation, of such work, or in any way attempt to unlawfully influence RPOSD’s approval or ongoing evaluation of such work. Grantee shall comply with all conflict of interest laws, ordinances, and regulations now in effect, or hereafter to be enacted, during the term of this

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GRANT AGREEMENT
GRA

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Agreement. Failure to comply with the provisions of this section shall be a material breach of this Agreement.

Article 29: Waiver
No waiver by RPOSD of any breach of any provision of this Agreement shall constitute a waiver of any other breach or of such provision. Failure of RPOSD to enforce at any time, or from time to time, any provision of this Agreement shall not be construed as a waiver thereof. The rights and remedies set forth in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.

Article 30: Breach
Grantee agrees that compliance with the terms of this Agreement will have significant benefits to Los Angeles County and its constituents. In the event that Grantee breaches any of the terms, covenants, representations, or conditions of this Agreement, RPOSD may elect to enforce any and all remedies available at law or in equity, including without limitation: (a) prior to reimbursement of funds, withdrawal of the approved grant award; (b) after payment (partial or full), seek specific performance of Grantee’s obligations under this Agreement or receive reimbursement of grant funds. If RPOSD brings an action to enforce the terms of this Agreement, Grantee shall be responsible to pay RPOSD’s attorney’s fees and costs, including expert witness costs, if RPOSD prevails in said action. The foregoing remedies are cumulative and may be exercised independently or in combination.

Article 31: Counterparts
This Agreement may be executed in two or more counterparts, which shall, in the aggregate, be signed by all the Parties; each counterpart shall be deemed an original instrument against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling.

Article 32: Electronic Signature
The Electronic Signatures in Global and National Commerce (ESIGN) Act is a federal law passed in 2000. The Grantee and RPOSD agree that this Grant Agreement may be electronically signed.

The parties agree that the electronic signatures appearing on this agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. If Grantee elects to opt-out of signing the grant agreement electronically, the Grantee must inform RPOSD prior to grant agreement execution.

Article 33: Timeliness
Time is of the essence in this Agreement.

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GRANT AGREEMENT
GRA

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IN WITNESS THEREOF, Grantee and RPOSD have caused this Agreement to be executed by their duly authorized representatives as of the latter day, month and year written below.

GRANTEE: CITY OF SANTA MONICA
By: ________________________________
Signature of Authorized Representative
Name: ______________________________
Print Name
Title: _______________________________
Date: _______________________________

LOS ANGELES COUNTY
REGIONAL PARK AND OPEN SPACE DISTRICT:

By:________________________________
Director / Administrator
Date:______________________________
Grant No. 10271

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Packet Pg. 551 Attachment: Grant Agmt 10271_PD_Competitive_Airport Conversion-Santa Monica Revised_5.19.26 (7665 : Measure A Airport Conversion Application
11903-2025PlanningandDesign-FinalApplication
12005-SantaMonicaAirportConversionPlanningandDesign
MeasureA
Status:

Submitted
Submitted
Date:
10/27/2025
8:58AM
Submitted
By:

Tony
Michael Lopez
Grants Officer Assigned: Applicant Informati
on
PrimaryContact: Feel free to edit your p
rofileanytimeyourinformationchanges. CreateyourownpersonalalertsusingMyAlerts.

Salutation
Mr. TonyMichael Lopez
Salutation First Name Middle Name Last Name
Title
SeniorParkPlanner
What is your role in
managing grants
with RPOSD?
(primary contact,
authorized or
designated signer,
accounting manager,
etc.)
Primarycontact
Department Name*
PublicWorks
Organization Information
Agency/Organization
Name*
CityofSantaMonica-SantaMonica182SMON
Study Area
Number M&S Code
Agency/OrganizationType
What is your
Agency/Organization Type?*
PublicAgency
Agency/OrganizationContact Information
Agency/Organization Website
santamonica.gov
Agency/Organization
Phone*
310-458-2205
Ext.

PhysicalAddress
Allpaperbasedgrant-relatedcorrespondencewillbemailedtothisaddress, unlessadifferentaddressisprovidedbelow.

Agency/Organization
Physical Address*
1685MainSt. Mail Stop 15
*
SantaMonicaCalifornia90401
City State/ProvincePostal Code/Zip
Is this the same as
the Mailing
Address?*
Yes
MailingAddress
SkipthisifMailingAddressisthesameabove.

Mailing Address
California
City State/ProvincePostal Code/Zip
Agency/OrganizationFinancial Information

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Packet Pg. 552 Attachment: Grant Agmt 10271_PD_Competitive_Airport Conversion-Santa Monica Revised_5.19.26 (7665 : Measure A Airport Conversion Tax ID
*
956000790
List the
ROLES/TITLES of
the individuals
identified as
Authorized and
Designated signers
per your agency's
adopted resolution
or proof of
jurisdiction
support.*
CityManagerordesignee. Grants Officer Assigned
Grants Officer
MarthaLopez
Supervisorial District(s)
Old SD
3 New SD
3 Good Standing
Status Issues, if any: RPOSD VIEW ONLY
Good Standing
Status Comments
ProjectDescription
Grant Project Title*
SantaMonicaAirportConversionProject
The title clearly identifies the proposed project. It is recommended that the title be less than 12 words.

What specific
planning and design
activities will be
funded by this
grant?
Conceptual orschematicdesign, Designdevelopmentorconstructiondocuments, Community engagement related to design Check all that apply
What category is
this application
for?
Regional Recreation, MultiuseTrails&Accessibility
Category 4 - This
program supports
regional scale
recreation projects
that improve access
to nature, increase
countywide
connectivity, and
serve broad
populations. A
regional-scale
project is one that
serves , connects,
or benefits a broad
cross-jurisdictional
area-typically
extending beyond a
single
neighborhood,
community, or cityand is accessible to
a countywide or
multi-community
population.

Yes
Describe the scope
of work funded by
Measure A.

TheCityofSantaMonica isclosingtheSantaMonicaAirportatmidnightonDecember 31, 2028, asauthorizedbytheConsentDecree/SettlementAgreementwiththeFederal Aviation Administration (FAA), which was entered as a Consent Decree in U.S. District Court, and resolved by City Council Resolution No. 11026. This closure will enable the city to repurpose the 192-acre site, originally purchased with a park bond, into a park- focused project. The Santa Monica Airport Conversion Project (SMAC Project), located in the southeast corner of Santa Monica bordering neighborhoods of the City of LA, presents the largest opportunity for increasing parkland within the region of Santa Monica in its 150-year history. The SMAC Project concludes early Spring 2026, and this grant will focus on planning and designing a maximum 20 acres of the 192 acres, positioning the city to apply for development funding, in the next competitive cycle in 2028 and awarded in 2029, for the first transformative park project within the airport lands. The scope includes the following. -Deliverable:Multi-modal, accessible trails for walking and jogging, dual-lane bicycling trails, outdoor fitness equipment, plantings, and interpretive signage. -Design and documentation: Validate concept of approximately 20-acres through

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Packet Pg. 553 Attachment: Grant Agmt 10271_PD_Competitive_Airport Conversion-Santa Monica Revised_5.19.26 (7665 : Measure A Airport Conversion c
ommunityengagement; Schematicdesign; DesignDevelopment; Construction Documentation. -Objectives: Desig
nanddocumentthefirstpublicopenspacetoreturn landonceclosed forAirportfunction, increasingmultiplejurisdictionaccesstorecreationbyconnectingthe sitetohighandveryhighneedareasofLA, makingthisamarquee locationtoaddress SantaMonicaandLAneedto increaseopenspaceandenvironmental benefits; Further refinecommunityoutreachdata; Increasetheurbanforestby5%perSantaMonica's UrbanForestMasterPlan; Incorporate increasedbiodiversityandhabitat, transformingan 80% impervioussite. The following project
goalshelpensureavibranttransitionfromairporttoopenspace. -Accountability: A city that transparently acts in the best interest of the community it serves. -Equity: A city that provides all community members with access to resources and opportunities, and where differences in life outcomes cannot be predicted by race, clas s, gender, disability, or other identities. -Inclusion: A city where diversity of backgrounds, talents, and capabilities are welcomed and leveraged for learning and informing better business decisions. -Resilience: A city that builds sustainable capacities to withstand and recover from adversity. -Stewardship: A city that thoughtfully plans for the long-term and effectively manages resources. -Safety: A city that promotes and invests in the safety of all community members. -Innovation: A city that seeks out and implements cutting edge, efficient, and effective ne w
solutionstoaddresschallenges.
4500-character limit
Clickhereforthe2025CompetitiveGrantProgramsBudgetandTimeline Provide a clear
budget and timeline
outlining the
specific scope of
work funded by
Measure A. Identify
all funding sources
(secured or
proposed), and
distinguish between
Measure A and nonMeasure A
elements. For each
deliverable, specify
whether it is a hard
or soft cost.

Applicants are
encouraged to be as
detailed as possible
to demonstrate
project readiness
and strong project
management.

MeasureA2025CompetitiveGrant-PlanningandDesign_CoSMBudgetand Timeline.xlsx
Download, complete, and attach the included template. 50MB file size limit EnvironmentalInformation
What is the CEQA
status of the work
funded by this
grant?
Tobecompletedwiththisgrant
Provide
justification
TheSMACProject iscurrently inPhase3B-DefiningtheFutureofPlace: ThePreferred Scenario. Thisphasewill createapreferredfull visionscenarioforthe192-acressite, establishing prioritization of shovel-ready design projects that can be implemented incrementally with CEQA completed. 750-character limit
SiteControl
Pleasenotethattheapplicantmustprovideproofinsupportingdocumentssectionbelow. Theapplicantmustprovidewrittenconsentor otherdocumentationtodevelopproject. Examplesofdocumentationinclude, butarenotlimitedto, leaseagreement, Memorandumof

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nderstanding(MOU)orotherdocumentationfromthelandowneragreeingtotheproposedproject.

Describe site
control for the
proposed project.

PropertyOwner
Proof of site
control
2025MeasureACompetitiveGrant-PlanningandDesign_CoSMSiteControl.pdf Upload Required. 50MB file size limit
Explain how longterm public access
will be secured.

Thecurrentairportpropertywasthesubjectofnumerousconveyancesacquiredbythe Cityoveraperiodofdecades. Therearemultipledeedsthatcovertheairport. Attached arethetwomaindeedsthatcovermostoftheairportandatablesummaryoftheother deeds. Alsoenclosed istheconsentdecreethat iscurrentlyenforcedbythefederal district court and the last title report that was done on the airport in 2001. Also attach ed is
theconsentdecreewhich iscurrentlyenforcedbythefederal districtcourt. Thedocument representsthatthecity istheowneroftheairportwithanunencumberedfeetitle interest asofJanuary1, 2029.
2250-character limit
EvaluationCriteria
Are there known
site constraints (e.g.
contamination,
topography)? Are
there known site
constraints that
may affect project
implementation
(e.g., contamination,
permitting,
topography)?
Yes
Yes – Describe
constraints and
your mitigation
plan
Beingthatthesitewasanairportforalmost100years, thecityhascompletedphase1 siteassessmentand iscurrentlyunderway investigatingaphase2assessmentof potential sitecontaminationacrossthe192acres. Thisproactivestudywill helpdefinethe day-onesite location.
4500-character limit
Describe how
funding the
proposed work will
make the project
more competitive
for Measure A
development funds
or other capital
funding in the
future?
OnSeptember9, 2025, SantaMonicaCityCouncil adoptedaResolutiondeclaring, "asa resultoftheCity'scurrentfinancial condition, uncertainrevenues, and increasingcosts and liabilities, theCity isexperiencingfiscal distressandhasdirectedtheCityManagerto takeall necessarystepstoaddress, alleviate, andmitigatethisfiscal distress."(referto attachedResolution inVerificationofJurisdictionSupportupload). Funding the proposed work will be the first opportunity to realize th efull visionofthe
SMACProject, establishingashovelreadydesignthatwill helpsignifythereturnofgreen spaceto landthat iscurrentlyeightypercent impervious. Thisgrantopportunitywill make theprojectmorecompetitiveas itwoulddemonstrate local andregional alignmenton goalsto increaseaccesstorecreational andenvironmental benefitsforthecommunity. This transformative project will address needs identified by the County 2016 and 2022 assessments and Santa Monica's 2025 Community Recreation and Arts Needs Assessment, which prioritized open green space and recreational interventions to advance level of service goals. The city's 2025 Parks and Recreation Vision Plan (PRV P) identified monitoring the SMAC project and its ability to address city and regional park need. Additionally, the PRVP's vision of City as Habitat reaffirms the city's Sustainable Rights Ordinance and commitment in striving to prevent harm to the natural environment and human health. Studying the City of LA's 2035 Mobility Plan, Community Plans, and Sepulveda Transit Corridor diagrams alongside Santa Monica's Pedestrian and Bicycle Action Plans, this grant application presents a proactive opportunity to prioritize pedestrian and mobility enhancements to the Westside's mobility network, serving as an essential connection[s] for people across western Los Angeles County, helping them bridge neighborhoods and access vital resources in a region that is ever-growing and increasingly interconnected. This grant application proposes walking, running, and bicycle trails within the Santa Monica Airport, establishing new pedestrian connections to adjacent study areas 85, 105, and 129 which are below the county average of 1/2-mile walking distance to parks. The project manager is currently coordinating with key staff on right sizing the project scope in consideration of ongoing maintenance, securing the program within the economic tolerance of existing operating allocations, demonstrating a commitment to fiscal responsibility. The SMAC project received many Letters of Interest from stakeholders proposing recreational amenities at a variety of scales, some being very small or proposing reuse of existing structures, to others requesting twenty or more acres for active recreation. Establishing a shovel-ready design with Measure A funding will facilitate comprehensive alignment on how future capital partners will contribute to increasing recreation. With the airport closing at midnight, December 31, 2028, this funding will allow the development to begin in 2029, positioning the city to take the initial step towards securing day-one recreational activations in a meaningful way, transitioning the site from an active airport

4.C.e
Packet Pg. 555 Attachment: Grant Agmt 10271_PD_Competitive_Airport Conversion-Santa Monica Revised_5.19.26 (7665 : Measure A Airport Conversion in
toaclean, safe, andfunrecreational destinationforSantaMonicaandtheregion in perpetuity
4500-character limit
What community
engagement has
occurred for this
project to date?
Describe methods,
number and type of
participants, and
how prior input has
informed the
project.

TheSMACproject ismultigenerational, andthescopeofthisprojecthopestokickstart thefull visionthroughthe incremental implementationofrecreational uses, day-one, within an approximate 20-acres portion of the 192 acres. Studying the opportunity of the
full 192acressinceMay2024, theSMACProjecthasconducted: -87 public meetings (in the form of community events and presen tationstoCityCouncil, city boards, commissions, task forces, advisory committees, and 7 neighborhood organizations). -10 pop-ups at community events. -5 online surveys with over 12,000 responses. -3 online virtual education sessions with over 6,500 views on topics such as site analysis and project guiding principles. -20 Community Conversations offering micro-grant opportunities to members of the community; and, -1 Project website with over 42,000 views, offering a dashboard for comments and hub fo r
project information. The outreach proce
sshelpedconfirmtheproject'sfiveGuidingPrinciples(adoptedby CityCouncil onJanuary28, 2025), whichwill guidethegrantprocess. -Start with Nature: The project design should consider the impact of an yfuture intervention on the natural environment, and the Airport land's ability to regene rate
speciesandbuildcommunityresiliencyagainstclimatechange. -Inspire Wonder: The project should connect individuals in powe rful andfar-reaching
waysunitingpeopleofall backgroundsandages inmeaning, happiness, andheightened energy. -Balanc
eEconomics: Theprojectshouldachieveeconomicequilibriumbybalancing revenuewithconstruction, operations, maintenance, andprogrammingcosts. -Amplify Versatility: The project should be vibrant in the everyday and the big day, working
fortheSantaMonicacommunityfor largeeventsandunprogrammedday-to-dayactivities withactiveandpassiveamenities. -Celebrate Place: The future proje ctshouldembracethe layersofthesite'shistory, and
sharethestoriesoftheplaceandregion, frompre-colonial tothehistoryofaviationonthe site. Durin
goutreach, theprojectteamheard147differentactive, passive, artsandculture, and community uses and worked with the community on prioritizing those uses down t oa
top50(inPhase2). Ofthetop50preferreduses, 38%werepassiverecreationusesand 25%wereactive. Thisgrantopportunitywill focusonwalking, running, andbicycletrails whichwerehighly-rankedusesfrompublicoutreach. For additional information on the public engagement processpleasevisit
www.smacproject.com/resources
4500-character limit
Community
Outreach Upload:

Prior support
documents may be
submitted
2025MeasureACompetitiveGrant-PlanningandDesign_CoSMOutreach.pdf 50MB file size limit
What community
engagement will
occur as part of this
grant?
Buildinguponstrategiesthathaveprovensuccessful withtheSMACProject, thegrant outreachprocesswill: -Focus on increasing
theparticipationofyouth, ages24-yearsandyounger. -Engage underrepresented demographics, city and regional zip codes throu ghahands-
oncharretteprocesswiththecommunity; and, -Refine preferred recreational uses into a detaile dprojectprogramforthe interimsite
throughonlinesurveys. The project found great
success incollaboratingwitha local highschool senior, establishing a direct correlation with the increase in project awareness with the 24-year-
oldandyoungerdemographic. CommunityConversations increasedunderrepresented demographicgroups, acknowledgingtheopportunitytoempowerthecommunitythrough recognizable leadership. Workingwithneighborhoodorganizationshelpedthecommunity invest in establishing a unified narrative for the full vision. Understanding this grant will serve the region, the city is enthusiastic to engage neighboring zip codes in this process, inspiring a comprehensive vision for low-cost, high-impact, day-one integration of recreational uses that support long-term program flexibility. In studying the feasibility of all 192 acres to date, the city heard comments that, though quite informative, the surveys were a bit complex. Listening to that feedback, this grant will engage the community immediately, upon award, to communicate the vision of the grant, align goals and objectives, and workshop a user-friendly engagement strategy that responds uniquely to the project scope. The team has found success in establishing a project website to create a hub for information and conduct feedback, nurturing the community's enthusiasm for collaborative communication. 4500-character limit
Are you partnering
with any
community-based
Yes

4.C.e
Packet Pg. 556 Attachment: Grant Agmt 10271_PD_Competitive_Airport Conversion-Santa Monica Revised_5.19.26 (7665 : Measure A Airport Conversion organizations
(CBOs) or
stakeholder
groups?
(Name and describe
role(s))
Asthisprojectexpandsrecreational opportunity, thegrantwill collaboratewiththe followinggroupstoensureopportunitiesforcontinuedcommunityengagementand advancementofcitywide initiatives. -Recreation and Parks Commission: A dvisesstaffonrecreationandtheuseofpublic
openspace. -Commission
onSustainability, Environmental Justice, andtheEnvironment: Advisescity staffand leadershipondeterminingandsettingenvironmental policyanddecisions, in accordancewiththeguidingprinciples, goals, andobjectivesoftheSustainableCity Program. -Disabilitie
sCommission: Helps improvethequalityof lifeforpeoplewithdisabilities in SantaMonicabyprioritizing issuesofconcernandadvisingstaff. -Planning Commission: Seeks to balance the many needs and prio ritieswithinthe
community inaccordancewiththecity'sGeneral PlanandSpecificPlans. -Arts Commission: Ensures a regular and ongoing assessment of arts pro grams inthe
city, developsartsprogramsof innovativeform, recognizesandencouragestheartsasa serviceof local government. -Urban Forest Task Force: A dvisescitystaffonthe implementationandeffectivenessof
theSantaMonicaUrbanForestMasterPlan. -Santa Monica Neighborhood Groups: Repre sentsthe7neighborhoodsofSantaMonica, communicating the needs of the community to city staff. -City of Los Angeles Planning Department: Maintains dialogue on the City of LA's updates to the Community Plans of Mar Vista, Palms, Del Rey, Venice, West LA, and Brentwood as two edges of the project touch these cities. -California State Parks: Maintains dialogue on matters related to program and regional need. -Great Park Coalition: Advocates for local and regional park need, providing increased project transparency. 4500-character limit
Who will manage
this project?
Provide names,
roles, and relevant
experience of key
staff or
consultants.

TonyLopez, SantaMonica'sSeniorParkPlanner, will managetheproject. Priortobeing welcomedtotheCityofSantaMonica inApril 2024, Tonyhas18yearsofexperience in thefieldofLandscapeArchitectureasa landscapedesigner, designingparksandopen spaces; managing local, regional, and international projects; andcoordinatingthe constructionofparksandopenspaces. AstheSeniorParkPlanner, Tonyhas: -Managed the final phase of the Parks Condition Assessment, a network-wide assessment of park maintenance to determine improvement work plans for the next20
years. -Work
edwiththeRecreationandArtsDepartmentto implementthe2025Community RecreationandArtsNeedsAssessmenttoquantifySantaMonica'sacreageand programming level ofservice. -Managed the update to the Cit y'sParksandRecreationVisionPlan, adocumentthat
establishesactionablerecommendationsforacquisition, expansion, improvements, and fundingopportunitiesforthecity'sparknetworkoverthenext20years. -Manages the Development Impact Fee and its reporting. -Manages the Park Improvement Program fund and coordinates projec tsthataddress
deferredmaintenanceofparkamenitiesandcomponents; and, -Manages the Measure A grant allocations, including Grant 101 59(DouglasPark
PlaygroundReconstructionProject). These experiences demonstrate Ton y'sabilitytoestablishclearscopesofwork, manage
consultantcontracts, reviewdeliverablesagainstmilestones, andalignbudgetswith availableresources. Tonywill alsobesupportedbyAmeliaFeichtner, CityArchitect, and AmberRichane, Principal DesignandPlanningManagerfortheSMACProject. Their roles includeensuringprojectalignmentwiththe long-termvisionfortheairportsite, reviewing technical deliverables for quality control, and maintaining consistency with city
designstandards. Tony works intern
allywithintheArchitectureServicesDivisionoftheDepartmentofPublic Works(thedepartmentwithinthecitythatdesigns, constructs, andmaintainsparks). As thisprojectwill addtotheparknetwork, Tonywill becoordinatingwithMatthewWells, the PublicLandscapeManager, andhisteam. Understandingthe integrationofrecreational uses will increase recreational program opportunities, Tony coordinates regularly with Micah Akerson, Community Recreation Manager for the Recreation and Arts Departmen t.
4500-character limit
Describe your
project delivery
approach. If
awarded, thegrantandprojectwill bemanagedbyahighlyexperiencedteamwithinthe CityofSantaMonica'sDepartmentofPublicWorks, ledbyTonyLopez, SeniorPark Planner. Together, thisteambringsprovenexpertise indeliveringcomplex, grant-funded planningprojectsontimeandwithinbudget. Applying for this grant, from the onset, requir esstafftoprovidetheFinancedepartment
withan Internal RequesttoApplyforGrantFundingsothattheymayunderstandthe projectscopeandfiscal impactsthroughoutthegranttimelineandpostcompletion. Additionally, department heads review this document to ensure necessary staffing is available to execute the grant, if awarded. Aligning with Chapter 2.24 of the city's Municipal Code, a public procurement proces s is implemented to ensure equitable opportunity for potential bidders. Consultant proposals are required to demonstrate understanding of the project through scope descriptions, provide relevant project experience, draft of a refined project schedule, propose a cost per scope item, and may provide references. Proposals are reviewed by staff who would

4.C.e
Packet Pg. 557 Attachment: Grant Agmt 10271_PD_Competitive_Airport Conversion-Santa Monica Revised_5.19.26 (7665 : Measure A Airport Conversion b
eengaged intheprojectand interviewswhenashortlistofconsultantsarescheduled. Once a recommendation of an award is put forth, the project manager will recommend that award at a City Council meeting. Once the award is approved, the contract routing process can begin (6-8 weeks). As routing is near completion, the initial kickoff meeting will be scheduled to review key project objectives, obtain and review necessary project background information, schedule a site visit, discuss communication protocols, and alig n
projectschedule. A schedule of we
eklyprojectmeetings, requiringtheconsultantprovidesanagendafor reviewbytheprojectmanagertoensurerelevantcitystaff isavailable, ifrequired. Meeting notes will follow, identifying action items for the project team. As a recreatio n
project, milestoneswill beestablishedwithintaskstimelinestoprovideupdatesto relevantboardsandcommissions, providingadditional opportunitiesforthecommunityto engage. Milestonedeliverableswill bereviewedbycitystaffforcommentpriortoformal delivery and presentation to City Council. Managing the budget requires the project manager to track work completed as a percentage of the overall fee and scope monthly to ensure responsible review of deliverables against invoices. The project manager reviews and approves the invoices, the invoices are backchecked by the division's Senior Administrative Analyst and are processed through the Finance Department. The project manager assigned to this proje ct
hasexperience insettingupdirectdepositwithTheRegional ParksandOpenSpace Districtforclaimreimbursementaswell astracking, approving, andpaying invoices. 4500-character limit
Describe your past
experience
delivering similar
planning or
technical projects
funded by public
grants.

This leadershipteamhassuccessfullymanagedmultiplegrant-fundedplanningand capital projects, balancingscope, schedule, andbudgetwhileengagingcommunity stakeholdersandoversightbodies. Withthisproventrackrecord, thecity iswellpositioned to deliver the grant scope efficiently and effectively, laying the groundw orkfor
futuredevelopmentfunding. In 2014, The City of Santa M
onicaadministereda$3.1millionDepartmentofHousing
andUrbanDevelopmentHousing-RelatedParksProgramgranttohelpfund IshiharaPark (atthetimeknownasBufferPark), a2.4-acresparkwithinthePicoNeighborhoodalonga transitcorridor, designedto integratesmall gardenroomsforvisitorstoexperience landscape and program elements focused on play, picnicking, contemplation, gathe ring, exercise, and gardening. Completed in 2017, Ishihara Park includes stormwater retentio n
planters, fitnessequipmentstations, picnicareas, playground, small citrusorchard, public art, informal walking loop, andcommunitygarden. The City of Santa Monica successfully administere dastategranttoupgradethe
playgroundatMarinePark. The$1.2millionprojectwascompleted inJuly2022and partiallyfundedwitha$234,435grantfromProp68theCaliforniaDrought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018. The playground's inclusive design offers ample space and a barrier-free environment for children of all abilities and their families to interact and play together. This inclusive, universally accessible playground features separate play structures for children 2-5 years old and 5- 12 years old, improved pedestrian access, rubber safety surfacing, a sand play area, shade structures, fencing, and seating. In 2023, The City of Santa Monica began administering Measure A annual allocation gran t
fundingfortheDouglasParkPlaygroundReconstructionproject. The$1,443,700project will replacetheexistingplaygroundatDouglasParkwithnewuniversallyaccessibleplay equipment, shadesails, safetysurface, seating, andplantedareas. Thisprojectcontinues thesuccessofMarineParkPlaygroundupgradeswithin integrationof inclusiveplay equipment. Theprojecthascompletedcommunityoutreachrequirementsandreceived plancheckapproval inJuly2025. Constructionwill begin inearlyOctober2025andwill be completed early Spring 2026. 4500-character limit
Is the project site
located in a High or Very High Need
Study Area?
Provide address
and APN, if
possible.

No
If not, will the
project
meaningfully benefit
High/Very High
Need residents?
Explain, include
partnerships,
visitation patterns,
outreach
strategies).

Perthe2016LACountywideAssessment, SantaMonica(StudyArea#182) isclassified asmoderateparkneed. Theprojectwill meaningfullybenefitHigh/VeryHighneed residentsasthreeofthefouradjacentstudyareasareHigh/VeryHighneed(referto attachedPNAMapViewersnapshot included inVerificationofJurisdictionSupport upload). -City of L
A-Palms, MarVista, Del Rey(StudyArea#105): 0.5acres/1,000(VeryHigh) -CityofLA-Venice(StudyArea#106): 0.9acres/1,000(VeryHigh) -CityofLA-WestLA(StudyArea#85): 1.0acres/1,000(High)
-CityofLA-Brentwood, PacificPalisades(StudyArea#129): 6.5acres/1,000(Moderate) TheSMACProjecthasbeenengaged inconversationswiththesejurisdictions, andthese citieshaveconsistentlyparticipated inall formsofoutreach. Additionally, perthePNA+, this area of the region receives the second highest score with regard to environmental burden. 4500-character limit

4.C.e
Packet Pg. 558 Attachment: Grant Agmt 10271_PD_Competitive_Airport Conversion-Santa Monica Revised_5.19.26 (7665 : Measure A Airport Conversion Location
*
APNNumbers(refertoSiteControl supportingdocumentationaswell): 4272-026-902, 4272-025-901, 4272-015-900, 4272-016-903, 4272-027-901, 4272-028-902, and 4272-031-908 500-character limit. APN preferred, if not APN address or intersection can be entered.

Check the
applicable
indicators based on
PNA+ Map Viewer
for either Regional
Recreation Need for
Rural Recreation
Need:

None
Verification of
Jurisdiction
Support
2025MeasureACompetitiveGrant-PlanningandDesign_CoSMLettersofSupportand SupportingGraphics.pdf
Do you have the authority to apply? 50MB file size limit ReportingRequirements
Supervisorial District
Study Area

4.C.e
Packet Pg. 559 Attachment: Grant Agmt 10271_PD_Competitive_Airport Conversion-Santa Monica Revised_5.19.26 (7665 : Measure A Airport Conversion

BUDGET AND TIMELINE TEMPLATE
Project Name:

Santa Monica Airport
Conversion
Applicant Name: City of Santa Monica
Competitive Program: Planning and Design - Category 4

DELIVERABLE COST TYPE TIMELINE

MEASURE A

COMPETITIVE
City of Santa
Monica
N/A N/A N/A Total
Proposed Secured [TYPE] [TYPE] [TYPE]
Project Initiation & Concept Validation
- see Tab 2 and 3 Soft Cost 1 month $8,778.00 $8,778.00 Schematic Design - see Tab 2 and 3 Soft Cost 2.5 months $108,927.00 $108,927.00 Design Development - see Tab 2 and
3 Soft Cost 3 months $120,897.00 $120,897.00
Construction Documentation - see
Tab 2 and 3 Soft Cost 5 months $260,547.00 $260,547.00
Plan Check and permitting - see Tab 2
and 3 Soft Cost 2 months $72,618.00 $72,618.00
CEQA - see Tab 2 and 3 Soft Cost 1 month $37,758.00 $37,758.00 Closeout - see Tab 2 and 3 Soft Cost 3 months $19,950.00 $19,950.00 $-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
PROJECT GRAND TOTAL $499,149.00 $130,326.00 $- $- $- $629,475.00 Soft Cost % 100% 100%
Hard Cost % 0% 0%

4.C.e
Packet Pg. 560
Attachment: Grant Agmt 10271_PD_Competitive_Airport Conversion-Santa Monica Revised_5.19.26 (7665 : Measure A Airport Conversion Grant Award) 1 City Council Meeting: June 9, 2026 Santa Monica, California

RESOLUTION NUMBER (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA TO AUTHORIZE THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT AWARDED IN THE AMOUNT OF $499,149 FROM

THE LOS ANGELES COUNTY REGIONAL PARKS AND OPEN SPACE DISTRICT

COMPETITIVE GRANT PROGRAM FOR THE SANTA MONICA AIRPORT

CONVERSION PROJECT, AND TO EXECUTE ALL NECESSARY DOCUMENTS TO

ACCEPT THE GRANT AND ALL GRANT RENEWALS
WHEREAS, the City of Santa Monica (City) continues to advance access to local and regional open space, which will help achieve the City’s priorities outlined in the 2025 Parks and Recreation Vision Plan; and
WHEREAS, the Los Angeles County Regional Parks and Open Space District (RPOSD) Competitive Grant Program – Planning and Design (Grant Program) is a competitive grant program that provides funding for improving access to nature, increase countywide connectivity, and serve broad populations; and WHEREAS, on October 15, 2025, City staff submitted an application for the Santa Monica Airport Conversion Project to conceptually plan and design a stable project description, of 20 acres of the airport lands 192 acres, to be analyzed in an Environmental Impact Report (EIR) that would be completed in accordance with the California Environmental Quality Act (CEQA), and the application was prepared based on priorities of the City Council’s adopted plans and programs; and

4.C.f
Packet Pg. 561 Attachment: Measure A Planning and Design Grant Acceptance Resolution (7665 : Measure A Airport Conversion Grant Award) 2 WHEREAS, on March 17, 2026, the City was awarded $499,149 in Grant Program funds, with the commencement of the project contingent on the City Council adopting a resolution authorizing acceptance the Grant Program funds as required by RPOSD.

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

SECTION 1. The City Council of the City of Santa Monica accepts the Grant Program funds in the amount of $499,149 for the Santa Monica Airport Conversion Project Planning and Design.

SECTION 2. The City Council authorizes the City Manager, or designee, to negotiate and execute all agreements, amendments, and renewals thereto pertaining to the Grant Program Funds.

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

APPROVED AS TO FORM:

Heidi von Tongeln
City Attorney

4.C.f
Packet Pg. 562 Attachment: Measure A Planning and Design Grant Acceptance Resolution (7665 : Measure A Airport Conversion Grant Award) 1 David Yakobson
From: Santa Monica Great Park Coalition <[email protected]> Sent: Monday, June 8, 2026 9:47 PM
To: councilmtgitems; Caroline Torosis; Lana Negrete; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Jesse Zwick
Cc: Oliver Chi; Amber Richane; Peter James; Christopher Dishlip; Amelia Feichtner; Tony Lopez; Heidi Creighton; Sunny Wang; Jenny Rogers; Shannon Parry; Susan Cline; Heidi von Tongeln; Susan Cola; Oscar Santiago
Subject: June 9, 2026 Council Meeting - Consent Calendar Item 4.C. - Measure A Grant Funding Award

EXTERNAL
Dear Mayor Torosis and City Councilmembers -
We congratulate you and the City's SMAC Project Team on the award of $499,149 from the Los Angeles County Regional Parks and Open Space District Competitive Grant Program for feasibility and pre-design of 20 acres of the SMO land to improve and protect natural lands, open space, and water resources through development and restoration, as well as support regional-scale recreation projects that improve access to nature, increase countywide connectivity, and serve broad populations.

We also suppport the appropriation of $130,326 from the available Park and Recreation Development Impact Fee resources to meet the local match requirement.

As emphasized in the Staff Report, this award reflects growing regional recognition of the SMAC Project’s potential to deliver meaningful, lasting benefits to Santa Monica and the broader region, advancing a generational opportunity to create community-centered, equitable access to open space and respond to the park needs of an urban environment.

We are grateful for the SMAC Project Team's diligent work to secure this grant, particularly that of Senior Park Planner Tony Lopez.

Thank you for everything you each are doing to make this once-ever 192-acre urban park possibility a reality.

Sincerely,
GPC Board of Directors
John Fairweather
Zina Josephs
Item 4-C
June 9, 2026
Item 4-C
June 9, 2026

4.C.g
Packet Pg. 563 Attachment: Written Comments (7665 : Measure A Airport Conversion Grant Award) 2 Frank Gruber
Cris Gutierrez
Joe Pertel
Ann Bowman
Patti Braun

==============================
Santa Monica Great Park Coalition
Web: www.GreatParkCoalition.org
E-mail: [email protected]
Item 4-C
June 9, 2026
Item 4-C
June 9, 2026

4.C.g
Packet Pg. 564 Attachment: Written Comments (7665 : Measure A Airport Conversion Grant Award) City Council
Report
City Council Meeting: June 9, 2026
Agenda Item: 4.D
1 of 4
To: Mayor and City Council
From: Christopher Dishlip, Director of Public Works, Water Resources Division Subject: Award Request for Bid #SP2779 and Authorization to enter into Agreement With Murray Plumbing & Heating for Process Mechanical Services Recommended Action
Staff recommends that the City Council:

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

2. Award Bid #SP2779 to Murray Plumbing and Heating Corporation for process mechanical services for the Public Works Department; and

3. Authorize the City Manager to execute an agreement with Murray Plumbing and Heating Corporation in an amount not to exceed $5,000,000 over a five-year period, with future year funding contingent on Council budget approval.

Summary
The City of Santa Monica (City) – Department of Public Works, Water Resources Division remains committed to prioritizing infrastructure maintenance and safety enhancements to ensure the continued delivery of reliable water and wastewater services for the community. The Water Resources Division maintains a comprehensive network of water and wastewater infrastructure, including three well fields, five advanced water treatment facilities, four water storage reservoirs, stormwater harvesting tanks, pumping facilities, and hundreds of miles of pipelines that serve the City. While City staff perform routine operations and maintenance, specialized and urgent work, such as emergency repairs, equipment replacements, and complex mechanical services, requires additional contractor support to ensure timely response and minimize service disruptions. Staff recommends awarding the mechanical services RFB #SP2779 to Murray Plumbing and Heating Corporation in an amount not to exceed

4.D
Packet Pg. 565
2 of 4
$5,000,000 for a five-year term, with future funding contingent on Council budget approval.

Discussion
Process mechanical services are necessary to support the continued operation, maintenance, and reliability of the City’s water production, water treatment, water recycling, and distribution infrastructure. The City’s water system includes complex facilities and equipment such as pumps, valves, advanced water treatment systems, reservoirs, and associated mechanical and chemical systems. As part of the 2018 Sustainable Water Master Plan, the City added several new advanced water treatment facilities that increased complexity and maintenance requirements for the Water Resources Division. While City staff perform routine operations and maintenance, the breadth, specialization, and urgency of certain repair and construction activities require supplemental contractor support to ensure timely and effective response, particularly for emergency conditions, unforeseen equipment failures, and large or specialized repairs.

Additionally, the scope of this contract would provide the City with flexibility to address both planned and unplanned work on an as-needed basis without delay. The contractor can respond rapidly to emergencies, perform specialized mechanical and process work, and support ongoing operational maintenance needs, allowing City staff to focus on core operational responsibilities such as system monitoring, regulatory compliance, and water quality management. Executing this contract ensures continuity of service, minimizes risk to public health and infrastructure, enhances system resiliency, and supports the City’s ability to maintain a safe and reliable water system.

Vendor Selection
Bidder Recommendation
Best Bidders Murray Plumbing and Heating Corporation
Evaluation Criteria Ability and experience with similar projects, qualifications of contractor, response time, and cost.

Municipal Code SMMC 2.24.180

4.D
Packet Pg. 566
3 of 4
Submittals Received
Metro Builders &
Engineers Group,
Ltd.
$34,364.94 Tiger Construction
LLC $27,254.87
Murray Plumbing and
Heating Corporation $36,135.17
W.A. Rasic
Construction
Company, Inc.
$44,469.30
Bid Data
Date
Posted Posted On Advertised In (City Charter & SMMC)
Vendors
Downloaded
Date
Publicly
Opened
03/05/2026 City’s Online
Bidding Site Santa Monica Daily Press 51 04/06/2026
Justification to Award
Vendor proposals were evaluated by an evaluation committee comprised of staff from the Public Works Department, based on the evaluation criteria above. The evaluation committee recommends Murray Plumbing and Heating Corporation (Murray) for award as the best bidder. Murray’s experience working at D.C. Tillman Advanced Water Purification Facility performing process mechanical and equipment installation, as well as on-call emergency mechanical service contracts with LA Sanitation, shows that they are highly qualified in performing similar work for the City. In addition, Murray has an emergency response time of two hours.

Environmental Review
The contract for operations and maintenance services of the City’s existing water facilities is categorically exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines. Section 15301 exempts Class 1 (Existing Facilities) projects from CEQA, which include the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.

The award of the contract would allow for the continuance of multiple facilities’ operations and would not expand or materially change existing facilities or operations.

4.D
Packet Pg. 567
4 of 4
Therefore, the project is categorically exempt as set forth in Section 15301 of the CEQA Guidelines.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Water and Wastewater Funds to award an agreement with Murray Plumbing and Heating Corporation for process mechanical services for the Water Resources Division.

Contract Request (Murray Plumbing and Heating Corporation) FY 2026-27
Request Amount Future Years Department Account # Total Contract Amount $700,000 $2,800,000 50500001.550010 $3,500,000
$300,000 $1,200,000 51500001.550010 $1,500,000
$1,000,000 $4,000,000 Total $5,000,000
Funds will be included in the proposed Operating Budget for FY 2026-27. Future year funding is contingent on Council budget approval.

Prepared By: Dinaz Kureishy, Civil Engineering Assistant Approved Forwarded to Council
Attachments:

A. FY 25-26 Oaks Initiative (Murray Plumbing and Heating) B. FY 25-26 Levine Act (Murray Plumbing and Heating)

4.D
Packet Pg. 568

4.D.a
Packet Pg. 569 Attachment: FY 25-26 Oaks Initiative (Murray Plumbing and Heating) (7667 : Mechanical Services (SP2779)) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.

Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.

Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

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

4.D.b
Packet Pg. 570 Attachment: FY 25-26 Levine Act (Murray Plumbing and Heating) (7667 : Mechanical Services (SP2779)) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.

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

Ryan Cavanaugh President
Murray Company
March 25, 2026

4.D.b
Packet Pg. 571 Attachment: FY 25-26 Levine Act (Murray Plumbing and Heating) (7667 : Mechanical Services (SP2779)) City Council
Report
City Council Meeting: June 9, 2026
Agenda Item: 4.E
1 of 5
To: Mayor and City Council
From: Anuj Gupta, Director of Transportation, Parking Operations (DOT) Subject: Approval of Second Modification to Agreement #10806 With JustPark for Parking Data Analytics Management Services for the Department of Transportation
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15306 and a finding of no possibility of significant effect pursuant to Section 15061(b)(3) of the California Environment Quality Act (CEQA) Guidelines; and

2. Authorize the City Manager to execute a second modification to agreement #10806 (CCS) in the amount of $258,123 with JustPark, for parking data analytics management services for the Department of Transportation. This will result in a nine-year amended agreement with a new total amount not to exceed $1,964,071, with future year funding contingent on Council budget approval.

Summary
The City of Santa Monica (City) owns and operates approximately 13,000 parking spaces in 42 public parking facilities and 5,800 on-street parking meters across the city.

Locations, unique designs, demand patterns, and technological needs result in various technologies in the City’s parking portfolio, creating the need to capture vast amounts of data into one holistic data analytics platform. On February 12, 2019, the City awarded a five-year contract to Smarking, Inc. (acquired by ParkHub in 2022 and subsequently acquired by JustPark in 2024) for parking data management and analytics services. On May 14, 2024, the City approved a first modification to extend the contract for two oneyear renewal options starting on July 1, 2024, through June 30, 2026. An additional one-year extension is needed to maintain data management and analytics services through June 30, 2027. This will provide staff with additional time needed to either utilize

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the proposed analytics software of a potential new parking operator or conduct a new competitive procurement process for these services towards the end of this renewal year.

Discussion
On July 16, 2018, the City published RFP #182 for parking data analytics management services. Out of ten vendors that submitted proposals, Smarking, Inc. (now JustPark) was selected due to its deep understanding of parking dynamics, experience in working with many different parking and revenue control systems, and its ability to deliver the functionalities required by the City.

The RFP was published requesting proposals for an initial term of five years with two options for renewal of two years each, to be exercised at the City’s sole discretion.

However, the renewal options were omitted during the submission of the staff report in February 2019 and subsequently in the executed agreement. The five-year agreement with JustPark was due to expire on June 30, 2024. On May 24, 2024, Council approved a first modification of the contract with JustPark to extend the term by two years through June 30, 2026. Staff is requesting a second modification to extend the contract for one additional year. This will allow staff continued access to JustPark’s tools while either activating the parking analytics software of a potential new parking operator or conducting a new competitive procurement process for a parking data analytics management service.

The City currently uses four customized parking access and revenue control systems that provide payment options and access to City-owned facilities and on-street parking meters. These different systems (Skidata for most parking structures and the Pier deck parking lot, IPS parking meters, T2 pay stations at surface lots, and HiTech at the Beach Lots) process and produce massive quantities of data needed for reporting revenues and utilization. ParkHub merges the City’s parking data from the various technology systems into one holistic data analytics platform that presents the data in a single, consistent tabular and graphical format. The tools provided by ParkHub allow staff to:

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• Provide real-time parking occupancy
• Make informed operational and staffing deployment decisions based on peak occupancy and occupancy contribution analysis (e.g. transient parkers versus monthly parkers), improving customer service for residents and visitors using the City’s parking facilities
• Provide policy makers the information to make data-driven decisions based on historical and real-time usage that clearly represents parking behavior throughout the City
• Improve accuracy in gathering and reporting parking data to stakeholders • Measure and report on the results of policy and pricing decisions more frequently in highly useful graphical and tabular formats
• Make the City’s parking data more accessible and transparent for use by other City departments and the public
• Make improved land use decisions to strategically repurpose underutilized parking into higher and better uses
• Analyze parking demand for each facility and over various time frames, and propose demand-responsive parking pricing strategies to manage the weekday and weekend demands
• Compare historic data to current usage for budget and forecast purposes • Provide a singular source for data to be used for parking supply, demand, operation, management, parking rates, and best practices studies.

Parking data assembled by the JustPark system has been paramount in measuring the state of parking revenues, which remain a significant and essential revenue source for the City.

Extending the JustPark contract by one year allows staff to continue to benefit from the established system while undergoing the procurement process for a parking operator.

During this extension period, DOT will determine if a new competitive bid is needed for parking data analytics management.

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Environmental Review
The modification to the agreement is exempt from CEQA pursuant to Section 15306 and Section 15061(b)(3) of the CEQA Guidelines. Section 15306 exempts projects consisting of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. Additionally, the agreement is exempt pursuant to Section 15061(b)(3), 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 agreement for parking data analytics and management services would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.

Past Council Actions - JustPark
Meeting Date Description
02/12/2019 Original award of agreement with Smarking, Inc. for data analytics and management services
05/14/2024 Award of first modification with Parkhub for data analytics and management services
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to increase the amount of the agreement with JustPark for data analytics and management services.

Agreement Modification Request
Agreement #
Current Authorized
Amount
FY 2025-26
Modified Request
Amount Dept Account #
Total Revised
Contract Amount
10806 $1,705,948 $258,123 01600004.550010 $1,964,071
Future year funding is contingent on Council budget approval.

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Prepared By: Zach Pollard, Parking Manager
Approved Forwarded to Council
Attachments:

A. Staff Report 2.12.19 - Smarking Inc
B. 2024.05.14 Staff Report-5D
C. #OAKS INITIATIVE FORM
D. Levine Act Disclosure Form 2025 -Print

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City Council
Report
City Council Meeting: February 12, 2019
Agenda Item: 3.J
1 of 6
To: Mayor and City Council
From: David Martin, Director, Parking Operations (PCD)
Subject: Award RFP to Smarking, Inc. for Parking Data Analytics Management Services
Recommended Action
Staff recommends that the City Council:

1. Award RFP #182 to Smarking, Inc., a California based company, for the parking data management and analytics services for the Planning and Community Development Department;

2. Authorize the City Manager to negotiate and execute an agreement with Smarking, Inc. in an amount not to exceed $1,219,000 (including a 10% contingency) for five years with future year funding contingent on Council budget approval.

Summary
The City owns and operates 42 public parking facilities with approximately 14,000 available off-street parking spaces, with an additional 5,800 on-street parking meters deployed throughout the city. Currently, several different parking management systems are employed to capture data and manage transactions at these facilities. Staff seeks to data-mine the parking data from these off-street parking facilities and on-street parking meters to proactively manage parking demand and improve the customer experience. As part of the City’s larger focus on using data analytics to drive overall performance, staff recommends awarding an agreement to Smarking, Inc. to provide the City with one streamlined parking data management system that allows staff to aggregate vast quantities of data to maximize future parking availability and pricing, and make more informed staffing decisions based on data analytics.

Discussion
Due to the locations and unique designs of the various public parking facilities, the

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Packet Pg. 577 Attachment: Staff Report 2.12.19 - Smarking Inc (7685 : 2nd Modification of Contract with Justpark for Parking Data Services) 2 of 6
city currently uses four customized parking access and revenue control systems that provide payment options and access to the facilities and on-street parking meters.

These systems process massive quantities of data that are difficult to arrange in understandable formats. Staff activated a provision in the existing agreement with SP Plus (#10201 CCS), the City’s parking operator, and Smarking, Inc. as the subcontractor, to aggregate the City’s parking data from the various parking technology systems into one holistic data analytics platform that essentially processes the data into a single, consistent tabular and graphical format. The work effort was conducted within the Planning and Community Development Department budget as part of a pilot program to produce a comprehensive parking utilization and rate study to understand the effects on the parking enterprise after the 2016 arrival of the Expo Light Rail.

The data aggregation was done in such a way to protect the privacy of our parking services users. All of the anonymous parking transaction data was aggregated onto a secured and proprietary platform that remains in compliance with all applicable current and amended Payment Card Industry Data Security Standard (“PCI DSS”) security requirements. The parking transaction data is encrypted and then transferred onto servers hosted in the cloud. The data stored on the servers only contains entry/exit ticket information and transaction amounts, and does not contain any customer personal information (e.g. name, credit card number). This is a unique feature of the Smarking tool, and it is customized to work with the data gathering systems that Santa Monica currently uses in its parking operations program. Use of the Smarking, Inc. tools and consultant team members that includes data scientists, engineers, and analysts allowed staff to:
 Provide real-time parking occupancy information that can quickly be displayed on our existing and soon to be upgraded dynamic wayfinding signage to reduce parking and traffic congestion throughout the City, as well as improve direction and guidance information broadcast to the public across web-based media
 Make more informed operational and staffing deployment decisions based on

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Packet Pg. 578 Attachment: Staff Report 2.12.19 - Smarking Inc (7685 : 2nd Modification of Contract with Justpark for Parking Data Services) 3 of 6
peak occupancy and occupancy contribution analysis (e.g. transient parkers versus monthly parkers), thereby improving customer service for residents and visitors using the facilities
 Provide policy makers the means to make data driven decisions based on historical and real-time evidence that clearly represents parking behavior throughout the City
 Improve the accuracy and frequency around gathering and reporting parking data to stakeholders
 Measure and report on the results of policy and pricing decisions more frequently in highly useful graphical and tabular formats  Make the City’s parking data more accessible and transparent for use by other City Departments and the public
 Make improved land use decisions to strategically repurpose underutilized parking into higher and better uses
 Analyze parking demand for each facility and over various time frames, and propose demand-responsive parking pricing strategies to manage the weekday and weekend demands in the Downtown core to Council on March 6, 2018 based on data analytics and predictive demand modeling
The initial $0.2 million pilot partnership with Smarking, Inc. has yielded a significant return on investment, as Council ultimately adopted a new parking pricing strategy during its April 24, 2018 meeting that is still on track to recover the $3-5 million in revenues lost over the last two years due to a downward trend of parking transactions related to changing mobility patterns. To provide some additional context, in the past the City has paid upwards of $0.3 million to consultants for one-off parking pricing and utilization studies, that while successful, were only snapshots in time that did not provide an ongoing parking data management tool for City staff to utilize for future inhouse parking studies. Establishing an ongoing, real-time parking data information system is consistent with data-driven, metrics based 21st century municipal management of its parking enterprise.

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Packet Pg. 579 Attachment: Staff Report 2.12.19 - Smarking Inc (7685 : 2nd Modification of Contract with Justpark for Parking Data Services) 4 of 6
Vendor Selection
RFP Data
RFP Posting
Date
RFP Posted
On
RFP Advertised In
(City Charter &
Municipal Code)
# of Vendors
Downloaded
# of
Submittals
Received
Date
Publicly
Opened
7/16/18 City's Online
Bidding Site
Santa Monica Daily
Press 89 10 9/13/18
RFPs Received Selection Criteria
All Traffic
Solutions eVolving Apps Municipal Code SMMC 2.24.073
Cambridge
Transportation Passport Labs Evaluation Criteria
Training/credentials/experience,
competence/skill, ability to perform
services promptly, sufficiency of
financial/other resources,
character/reputation, and price.

CloudParc, Inc. Smarking, Inc.

Conduent T2 Systems
Cubic
Transportation
Systems
Xaqt, Inc.

Justification to Award
An evaluation panel of representatives from various departments, including Finance, Planning and Community Development, Information Systems, and Human Resources reviewed and ranked all proposals using the criteria set out in the RFP. Based on criteria set out in SMMC 2.24, staff recommends Smarking as the best qualified firm to provide the parking data analytics and management services. As an industry leader in parking data analytics and business technologies, Smarking, Inc.’s deep understanding of parking dynamics and experience with working with over 45 various parking access and revenue control systems (including the City’s current parking technology systems) would allow the City the flexibility to seamlessly integrate with any parking systems vendor. Smarking, Inc. has provided parking data management and pricing policy analysis to other comparable parking operations with similar dynamic characteristics as the City, including the Miami Parking Authority; City of Long Beach; City of Walnut Creek; City of Aspen; City of Santa Cruz; and the City of Grand Rapids. In addition to a very detailed staff data management tool, the Smarking platform would also provide a publicly accessible parking map that would present information of historical and real4.E.a Packet Pg. 580 Attachment: Staff Report 2.12.19 - Smarking Inc (7685 : 2nd Modification of Contract with Justpark for Parking Data Services) 5 of 6
time key parking metrics in an easy to understand visual format, based on a Google Maps layer commonly used on the City’s website, that is accessible via desktops, and mobile devices. The map would be used to help communicate parking dynamics and identify where parking is typically available throughout the City. Smarking would also supplement the data analytics platform with periodic consulting services including regular (at least once a year, if not more frequently) pricing policy and strategy analysis, predictive occupancy and financial modeling, impacts of more sustainable travel modes on parking demand, reporting and analytics support, and related parking rate change/utilization studies. The agreement also provides for the consultants’ participation in stakeholder outreach and City Council meeting presentations. Award of this agreement would permit staff to model several complicated proposed outcomes that support the City’s goals around mobility and land use before presenting choices to City Council.

Past Council Actions
Meeting Date Description
03/06/2018 (Attachment B) Parking Management Pricing Strategies Study Session 04/24/2018 (Attachment C) Adoption of a Resolution Revising Public Parking Rates Financial Impacts and Budget Actions
Staff seeks authority to award a contract with Smarking, Inc. for parking data management and analytics services. Funds are available in the FY 2018-19 Planning and Community Development Department budget.

Future year funding is contingent on Council budget approval.

Request Amount FY 2018-19 Budget
Department/CIP Account #
Total Contract Amount
$237,000 01700008.552010 $1,219,000

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Packet Pg. 581 Attachment: Staff Report 2.12.19 - Smarking Inc (7685 : 2nd Modification of Contract with Justpark for Parking Data Services) 6 of 6
Prepared By: Michael Towler, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. Oaks Initiative Disclosure Form
B. 2018 - Downtown Parking Management Pricing Strategies Study Session - Staff Report
C. 2018 - Adoption of a Resolution Revising Public Parking Rates - Staff Report D. Written Comments

4.E.a
Packet Pg. 582 Attachment: Staff Report 2.12.19 - Smarking Inc (7685 : 2nd Modification of Contract with Justpark for Parking Data Services) City Council
Report
City Council Meeting: May 14, 2024
Agenda Item: 5.D
1 of 5
To: Mayor and City Council
From: Anuj Gupta, Director of Transportation, Parking Operations (DOT) Subject: Approval of Modification for Contract Extension and Additional Funding for Parking Data Analytics Management Services with ParkHub Recommended Action
Staff recommends that the City Council:

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

2. Authorize the City Manager to negotiate and execute a first modification to agreement #10806 (CCS) in the amount of $486,948 with ParkHub, for parking data analytics management services for the Department of Transportation. This will result in a seven-year agreement with a new total amount not to exceed $1,705,948, with future year funding contingent on Council budget approval.

Summary
The City owns and operates approximately 13,000 parking spaces in 42 public parking facilities and 5,600 on-street parking meters across the city. Locations, unique designs, demand patterns, and technological needs resulted in different technologies in the City’s parking portfolio, bringing on the need to capture vast amounts of data into one holistic data analytics platform. On February 12, 2019, the City awarded a five-year contract to Smarking, Inc. (acquired by ParkHub in 2022) for parking data management and analytics services. Two renewal options of two years each were included in the Request for Proposals (RFP) but were omitted in the February 2019 staff report and the executed agreement. To have continuity of customized and specialized data integration services provided by ParkHub and to facilitate the forthcoming Walker Parking Study that will utilize ParkHub data, staff is recommending a modification to extend the contract for two one-year renewal options starting in FY 2024-25. This will provide staff

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with a reasonable timeframe to conduct a new competitive procurement process towards the end of these two renewal years.

Discussion
On July 16, 2018, the City published an RFP for parking data analytics management services. Out of ten vendors that submitted proposals, Smarking, Inc. (now ParkHub) was selected due to its deep understanding of parking dynamics, experience in working with many different parking and revenue control systems, and its ability to deliver the functionalities required by the City.

The RFP was published requesting proposals for an initial term of five years with two options for renewal of two years each, to be exercised at the City’s sole discretion.

However, the renewal options were omitted during the submission of the staff report in February 2019 and subsequently in the executed agreement. The five-year agreement with ParkHub is due to expire on June 30, 2024. Staff is requesting a modification to extend the contract for two one-year renewal options instead of the two two-year renewal options stated in the RFP. This allows staff continued access to ParkHub’s tools while conducting a new competitive procurement process for a parking data analytics management service.

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peak occupancy and occupancy contribution analysis (e.g. transient parkers versus monthly parkers), improving customer service for residents and visitors using the City’s parking facilities
• Provide policy makers the information to make data-driven decisions based on historical and real-time usage that clearly represents parking behavior throughout the City
• Improve accuracy in gathering and reporting parking data to stakeholders • Measure and report on the results of policy and pricing decisions more frequently in highly useful graphical and tabular formats
• Make the City’s parking data more accessible and transparent for use by other City departments and the public
• Make improved land use decisions to strategically repurpose underutilized parking into higher and better uses
• Analyze parking demand for each facility and over various time frames, and propose demand-responsive parking pricing strategies to manage the weekday and weekend demands
• Compare historic data to current usage for budget and forecast purposes • Provide a singular source for data to be used for parking supply, demand, operation, management, parking rates, and best practices studies.

Parking data information assembled by the ParkHub system has been paramount in measuring the state of parking revenues, which remain a significant and essential revenue source for the City.

Extending the ParkHub contract by two one-year renewal options allows staff to continue to benefit from the established ParkHub system while delaying the lengthy process of procuring a new vendor and implementing a new vendor’s data analytics system. The existing ParkHub data analytics system is a valuable tool for staff, and its continued seamless use into the proposed extra contract modification years is staff’s preferred option. This also gives staff ample time to begin a new RFP process well before the end of these two additional contract years, ensuring that if a different data

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analytics provider is selected, there would be plenty of overlap time with ParkHub to transition the data from one platform to another.

On March 19, 2024, Council approved the award of a comprehensive parking study contract to Walker Parking Consultants/Engineers (Walker). In this study, Walker will evaluate parking supply, demand, operation, management, parking rates, and best practices with a combination of on-the-ground parking data collection and aggregated data organized by ParkHub. The results of the study will assist the City in making informed planning, financial, and operational decisions on City-owned parking facilities.

Walker will need frequent access to the ParkHub data available to complete their study.

Modifying and extending their contract allows the City to efficiently complete the study as opposed to performing the study while bringing on a new data analytics company and conducting a parking study during the transition to a new data analytics provider.

Environmental Review
The modification to the agreement is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, which states that CEQA does not apply “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The agreement for parking data analytics and management services would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.

Past Council Actions
Meeting Date Description
02/12/2019 Original award of agreement with Smarking, Inc. for data analytics and management services
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to increase the amount of the agreement with ParkHub for data analytics and management services.

Agreement Modification Request

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Agreement #
Current Authorized
Amount
FY 2024-25
Modified Request
Amount Dept Account #
Total Revised
Contract Amount
10806 $1,219,000 $486,948 01600004.550010 $1,705,948
Future year funding is contingent on Council budget approval.

Prepared By: Joyce Perez, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. Award RFP to Smarking, Inc. for Parking Data Analytics Management Services (Web Link)
B. CT 10806 Executed Contract
C. Levine Act 04.2024
D. Oaks 04.2024

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Packet Pg. 587 Attachment: 2024.05.14 Staff Report-5D (7685 : 2nd Modification of Contract with Justpark for Parking Data Services)

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. 588 Attachment: #OAKS INITIATIVE FORM (7685 : 2nd Modification of Contract with Justpark for Parking Data Services)

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. 589 Attachment: #OAKS INITIATIVE FORM (7685 : 2nd Modification of Contract with Justpark for Parking Data Services)

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Packet Pg. 590 Attachment: Levine Act Disclosure Form 2025 -Print (7685 : 2nd Modification of Contract with Justpark for Parking Data Services)

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Packet Pg. 591 Attachment: Levine Act Disclosure Form 2025 -Print (7685 : 2nd Modification of Contract with Justpark for Parking Data Services) City Council
Report
City Council Meeting: June 9, 2026
Agenda Item: 4.F
1 of 6
To: Mayor and City Council
From: Anuj Gupta, Director of Transportation, Parking Operations (DOT) Subject: Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code Section 3.04.030 on Beach Parking Lot Parking Permits and Hours
Recommended Action
Staff recommends that the City Council:

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

2. Introduce for first reading the attached ordinance amending Santa Monica Municipal Code Section 3.04.030 on beach parking lot hours and parking permits.

Summary
The City-owned beach parking lots, administered by the Parking Division of the Department of Transportation, are currently open from 6 a.m. to 6 p.m. from November through March, and 6 a.m. to 8 p.m. from April through October, except for the Santa Monica Pier Deck Parking Lot, Parking Lot 1 North, and Anneberg Beach House Parking Lot. These times were established to provide only two closure times per year, while attempting to adhere to the opening and closure language specified in Santa Monica Municipal Code (SMMC) section 3.04.030, which uses the imprecise and variable closure and opening times of sunset and sunrise, respectively. The current closure times of 6 p.m. and 8 p.m. create scenarios in which the lots close on many days each year while there is still daylight. Residents and users of the lots have often highlighted their inability to use the lots to park and watch the sunset on those days.

For this reason, staff recommends amending SMMC section 3.04.030 to specify beach parking lot closing times for 7 p.m. and 9 p.m. (extended from the current 6 p.m. and 8

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p.m., respectively), and adjusting the closure time seasonal changes to align with the Daylight Saving Time clock changes in the spring and fall. Staff also recommends adding Parking Lot 1 South to the exceptions list in section 3.04.030(a) to be able to set its closing time at 11 p.m. to align with Pier business hours.

Background
In 1978, the City Council adopted Ordinance 1078 (Exhibit A) establishing general closure times for City owned parking lots of 3 a.m. to 6 a.m., sunset to sunrise for one beach parking lot, and the establishment of a parking permit for use during closure times. Additional details of the infraction for the parking violation were included in this ordinance.

In 1993, Council adopted Ordinance 1680 (Exhibit B) which establishes SMMC section

3.04.030 which provides additional details for beach parking permits and clarifies that the permits are for all beach lots.

In 2003, Council adopted Ordinance 2084 (Exhibit C) which added details to SMMC

3.04.030 including that beach parking permits cannot be issued until parking citations are paid.

In 2010, Council adopted Ordinance 2305 (Exhibit D) which added details to SMMC

3.04.030 including that certain Council approved event parking would be allowed at beach lots.

In 2012, Council adopted Ordinance 2403 (Exhibit E) which altered SMMC 3.04.030 to memorialize the beach lot closure hours as sunset to sunrise. Exceptions were clarified for the Santa Monica Pier Deck Parking Lot (Pier Lot), Parking Lot 1N, and the Annenberg Beach House Parking Lot (Annenberg Lot). These lots have different hours.

In 2022, Council adopted Ordinance 2696 (Exhibit F) altering SMMC 3.04.030 establishing that the City Manager or designee shall establish hours of operation for the Pier Lot.

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Discussion
The City’s Municipal Code and signage at beach lots provides a vague and variable closure time of “sunset to sunrise,” with the exception of the Annenberg Lot, Lot 1 North, and the Pier Lot. Lot 1N (immediately north of the Pier, often referred to as the 1550 Lot) is open 6 a.m. – 2 a.m., Annenberg is open from 7 a.m. – 8 p.m., November-March and 7 a.m. – 9 p.m. April-October, and the Pier Parking lot is open from 9 a.m. – 10 p.m. The remainder of the beach lots shown below are currently open from 6 a.m. – 6 p.m., November-March, and 6 a.m. – 8 p.m., April-October. These times were set years ago to roughly align with the “sunset to sunrise” language from the Municipal Code.

For years, Parking staff have received feedback from the public about the early closure times, often from people who want to use the beach lots to see the sunset. The current operating hours create several times of the year where people cannot park in the lots while they are open, see the sunset, and remain until it gets fully dark. A few times where this is particularly a problem are from the Daylight Saving Time change in March (which occurred on March 8 this year) until the end of March. The sun sets around 7 p.m. after the time change, resulting in roughly three weeks where the lots are fully closed during daylight. In June, July, and August, the sun sets close to or after 8 p.m., making people unable to park and see the sunset and remain until it gets dark. The beach lots are accessible either via paid parking or beach parking passes or senior beach parking passes in the beach lots. Many of these paid parkers and passholders are Santa Monica residents.

Parking Division staff discussed potential changes with the City Attorney’s Office and Police Department staff, and developed new proposed closure times, with some of changes administratively implemented on May 1, 2026, and some to be implemented after Council adoption of revisions to the beach parking ordinance. On May 1, the lots were changed to close at 9 p.m. instead of 8 p.m. for the summer months. Additional proposed changes are shown below.

Proposed changes for the summer hours will include the following:

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Beach Lot Current Summer Hours Proposed Summer Hours
9N, 8N, 7N, 6N, 5AN,
5N, 4N, 3N, 2S, 3S,
4S, and 5S
6 a.m. – 8 p.m.
6 a.m. – 9 p.m. (as of May 1,
2026; going forward, as of
spring Daylight Saving change)
1 North 6 a.m. – 2 a.m. 6 a.m. – 2 a.m. (stays the same) 1 South 6 a.m. – 8 p.m.
6 a.m. – 9 p.m. (as of May 1,
2026)
6 a.m. – 11 p.m. (as of Council
adoption of amendments)
Annenberg Lot 7 a.m. – 9 p.m. 7 a.m. – 9 p.m. (stays the same) Pier Lot 9 a.m. – 10 p.m.
9 a.m. – 10 p.m. (stays the
same)
Proposed changes for the winter hours will include the following:

Beach Lot Current Winter Hours Proposed Winter Hours
9N, 8N, 7N, 6N, 5AN,
5N, 4N, 3N, 2S, 3S,
4S, and 5S
6 a.m. – 6 p.m.
6 a.m. – 7 p.m. (as of fall
Daylight Saving change)
1 North 6 a.m. – 2 a.m. 6 a.m. – 2 a.m. (stays the same) 1 South 6 a.m. – 6 p.m.
6 a.m. – 11 p.m. (as of Council
adoption of amendments)
Annenberg Lot 7 a.m. – 8 p.m.
7 a.m. – 9 p.m. (as of Council
adoption of amendments)
Pier Lot 9 a.m. – 10 p.m.
9 a.m. – 10 p.m. (stays the
same)
“Summer hours” will start the day of the Daylight Saving time change in spring and end at the Daylight Saving time change in the fall (instead of the current April 1 – October 31 period), with “winter hours” in place for the rest of the fall and winter until the spring Daylight Saving time change. A chart comparing daylight / darkness times compared

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with seasonal closing times for the existing lot hours versus proposed lot hours is attached as Exhibit H.

As noted above, Lot 1 South will have the closure time changed to 11 p.m. to match the closure time of adjacent Pier businesses and be closer to the closure time of nearby Ocean Front Walk businesses. Also, the Annenberg Lot will be changed to close at 9 p.m. year round, instead of changing to 8 p.m. in the winter.

Environmental Review
The ordinance change to amend the operational hours of the beach parking lots is categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15301 and 15308. Section 15301 of the CEQA State Guidelines provides Class 1 (Existing Facilities) exemption for projects that consist of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. The ordinance would only modify the operational hours of the existing parking lots, and would not expand or materially change existing lots. Therefore, the ordinance is categorically exempt as set forth in Section 15301 of the CEQA State Guidelines.

Past Council Actions
Meeting Date Description
2/14/1978 Ordinance 1078 establishing general closure times for City owned parking lots of 3am-6am, sunset to sunrise for one beach parking lot, and establishment of a parking permit for use during closure times. 3/30/1993 Ordinance 1680 establishes SMMC section 3.04.030 which provides detailed guidelines for parking permits for City lots including beach lots. 6/24/2003 Ordinance 2084 further refines details of SMMC 3.04.030. 2/9/2010 Ordinance 2305 further refines details of SMMC 3.04.030 7/24/2012 Ordinance 2403 further refines details of SMMC 3.04.030 making the prohibited parking hours for all beach parking lots as sunset to sunrise with the exception of the Santa Monica Pier Deck Parking Lot, Parking Lot 1N, and the Annenberg Beach House Parking Lot

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3/8/2022 Ordinance 2306 further refines details of SMMC 3.04.030 establishing that the City Manager or designee shall establish hours of operation for the Santa Monica Pier Deck Parking Lot
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff anticipates nominal increases in beach parking, Pier parking and Annenberg parking revenue due to the extra parking lot operating hours and extension of the dates that summer hours would be in effect. Staff will return to Council if specific budget actions are required in the future.

Prepared By: Zach Pollard, Parking Manager
Approved Forwarded to Council
Attachments:

A. Exhibit A -O1078
B. Exhibit B -O1680
C. Exhibit C -O2084
D. Exhibit D -O2305
E. Exhibit E -O2403
F. Exhibit F -O2696
G. Exhibit H -Beach Hours Sunlight Graph
H. DOT-ORD-Beach Parking Lot Hours Amendment 06.09.2026

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CA RL~: lcb 1- 12- 78
78- 02 ....-
ORDINANCE NO. 1078( CC5)
City Council Series)

AN ORDINANCE OF THE CITY COUNCIL
OF TaB CITY OF SANTA MONICA
AMEND1NG SECTION 3201 OF~ AND
ADDING SECTIONS 32DIA Ali~ 3201B

TO THE ' SANTA MONICA MUNICIPAL
CODE REGAlIDING NIGHT TIME PAR.l{ING
IN PUBLIC PARKING LOTS.
iJF.,.
oj ~
SECTION 1. Section 3201 of the Santa Mon4ca
Munlcipal Code is hereby amended to read as follows:

Section 3201. No person shall stand
or park any vehicle on any pub1lc
park1ng lot between the hours of
3: 00 o' clock a. m. and 6: 00 o' clock
a. m. whether said vehlcle is occupied
or unoccupied, without a valid permit
afflxed to the windshield of s81d
vehicle, provided, howeve~, that no
person shall park or leave standing
any vehic;Le in the. 2600 Bea;ch, _Parking
1 ' l ' ~ " Jo '
io- <. -""....

J _ ..,
rY ..._
Lot ~ or any period between sunset and
i- : ":
isunrise of- the, next succe~ ing-~ y
Wlthout a valid permlJ: so :affixed ,-. ~ .
to the windshleld of said vehicle.
r-- ~
SECTION 2. Sectlon 3201A is hereby added to the
Santa Monlca Municipal Code and shall read as follows:
1-
4=~; _
t!::-; _ .~-
t. ...-.....-....-.._,.~......

4.F.a
Packet Pg. 598 Attachment: Exhibit A -O1078 (7691 : Ordinance Change for Beach Lot Operating Hours) CA RL~: lCb 1- 12- 78
Section 320lA. Beach Parkin9 Lot
a,rking Permits. Any resldent of
the City living In a designated
permit area may make application
for a resident or guest parklng
permit for use at beach parking lots
during the tlmes that parking is
otherwise prohibited. Such parking
permits may be issued for a
per~ od
of up to one ( l) year and shall be
processed by the Department of
Recreation and Parks. Permit fees,
lf any, designated permlt areas, and
exempted periods may be established
and changed, from tlme to time, by
resolution.

SECTION 3. Section 3201B is hereby added to the
Santa Monlca Municipal Code and shall read as follows:

Section 3201B. Any person vlolatlng
any of the provis~ons of Section 3201
of the Santa Monlca Municlpal Code ' shall
be guilty of an lnfraction. Any person
convicted of an infractiQn under the
provlslons of ~ aid Sectlon 3201 s~ all
be punishable by a fine of not less than
Five ($ 5~ OO) Dollars and not more than
2-

4.F.a
Packet Pg. 599 Attachment: Exhibit A -O1078 (7691 : Ordinance Change for Beach Lot Operating Hours) CA RL~: lCb 1- 12- 78 AIJ
Twenty- Five ($ 25. 00) Dollars. Each
such person shall be guilty of a
separate offense for each and every
commission of any violation of any
provisions of Sectlon 320r of this
code and shall be punished accordingly.

In additlon to any other penalty
provided by law, any vehlcle parked
in violation of Section 3201 of thlS
code may be towed, at the owner' s
expense, from the parklng lot and
impounded, and the owner thereof,
shall be responsible for any fees in
connectlon wlth such towing and
impounding.

SECTION 4. Any provisions of the Santa Monica
Municipal Code, or appendices thereto inconsistent herewlth, to the extent of such inconslstencies and no further, are hereby repealed ? r modlfled to that extent necessary to effect the provislons of this ordinance.

SECTION 5~ If any section, subsection, sentence,
clause or phrase of this ordlnance is for any reason held to be invalid or unconstitutional by a decislon of any court of competent jurlsdiction, such decision shall not affect the validity of the remaining portlons of the ordinance. The City Council hereby declares that lt would have passed this 3-

4.F.a
Packet Pg. 600 Attachment: Exhibit A -O1078 (7691 : Ordinance Change for Beach Lot Operating Hours) CA ~ O: lCb 1- l2- 78
ordinance and each and every section, subsection, sentence, clause or phrase not declared lnva1~ d or unconstitutional without regard tdwhether any pOrtiOn of the ordlnance would be subsequently d~ l~r~~ ln~alld<pr_~nconstitutional.
i
SECTION~ 6. The Mayor shaTI sign and the Clty Clerk
shall attest to the passage of thlS ordinance. The City Clerk shall cause the same to be published once In the offlclal newspaper Wlth1n fifteen ( 15) days after its adoptlon. The ordlnance shall become effective after thirty ( 30) days from lts adoptlon.

ADOPTED and APPROVED this 14th day of February
1978.

AOlrh~~~ 1utbJ
MAYOR
ATTEST:

JftY ~ RK . ~, ~
STATE of .... cALIF"ORNIA ",

6.")
COUNTY OF. LOS.--AN~ i:s ,-) s s .

CITY OF SA~__ M9~ )
I do hereby certify that the foregolng ordlnance was
duly and regularly introduced at a meeting of the City Councl1 on the~ 24th day of January 1978; that thereafter the said ordinance was duly adopted at a meetlng of the City Councll on the 14th day of February , 1978; by the following vote of the Council:
4-

4.F.a
Packet Pg. 601 Attachment: Exhibit A -O1078 (7691 : Ordinance Change for Beach Lot Operating Hours) to- CA RL~: lCb 1- 12- 78
AYES: Councilmember: Bambrick, Cohen, Reed,
Scott, Trives, Mayor
Swink
NOES: Councilmember: None
ABSENT: Councilrnember: - van den SteenhDven
1>
r
eL-- ~'7~

CITY CLERK'
L---/
5-

4.F.a
Packet Pg. 602 Attachment: Exhibit A -O1078 (7691 : Ordinance Change for Beach Lot Operating Hours) CA: JL: jld837a/ hpca1/ pc
City Council Meeting 3- 30- 93 Santa Monica, California ORDINANCE NUMBERl680( CCS)
City council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SANTA MONICA AMENDING AND ADDING VARIOUS SECTIONS

OF THE MUNICIPAL CODE TO CHANGE VEHICLE AND

PARKING- RELATED INFRACTIONS TO CIVIL OFFENSES

AND TO REVISE THE AMOUNT OF FINES

THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS:

SECTION 1. Santa Monica Municipal Code section 3. 04. 030 is amended to read as follows:

SECTION 3. 04. 030. Beach Parking
Lot Parking Permits.

4.F.b
Packet Pg. 603 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours) from time to time, by resolution.

Notwithstanding the above, no City
parking permit will be issued until all
outstanding parking citations are paid by
the permit applicant.

SECTION 2. Santa Monica Municipal Code section 3. 04. 040 is amended to read as follows:

SECTION 3. 04. 040. violation
penalty.

Any person violating any of the
provisions of section 3. 04. 020 of the
Santa Monica Municipal Code shall be
assessed a civil penalty as provided for
in the California Vehicle Code sections
40200 et seq. Any person assessed a
civil penalty under the provisions of
section 3. 04. 020 shall be liable to pay
penalties and fees of not less than
eighteen dollars ($ 18. 00) as provided for
in this Chapter. Each such person shall
be assessed a separate civil penalty for
each and every commission of any
violation of any provisions of Section

3. 04. 020 of this Code and shall be liable
accordingly. In addition to any other
penalty provided by law, any vehicle
parked in violation of Section 3. 04. 020
2 -

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Packet Pg. 604 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours) of this Code may be towed, at the owner' s
expense, from the parking lot and
impounded, and the owner thereof, shall
be responsible for any fees in connection
with such towing and impounding. This
amendment shall become effective July 1,
1993.

SECTION 3. section 3. 08. 070 of the Santa Monica Municipal Code is amended to read as follows:

SECTION 3. 08. 070. Permits.

Issuance and Fees. The Director of
Finance shall issue permits for
preferential parking and collect all
fees. No permit will be issued to any
applicant until that applicant has paid
all of his or her outstanding parking
citations, including all civil penalties
and related fees.

Applicants shall be required to
present proof of residency in the
proposed permit zone. Each qualified
applicant is entitled to purchase one or
more permits per year. The address of
vehicle registration and driver' s license
must coincide with the residence address
of applicant.
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Packet Pg. 605 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours) Applicants requesting more than
three permits for their dwelling unit may
be granted additional permits by the
Parking and Traffic Engineer upon showing
that there are more than three vehicles
registered at the dwelling unit, and that
sufficient off- street parking is not
available to the applicant, and that to
deny additional permits would constitute
a hardship.

Permit fees shall cover the cost of
establishing and maintaining the
preferential parking district. These
fees shall be set by City council
Resolution at the time of parking
district designation. As of July 1 of
each year,
one half
that date
the fee shall be reduced by
for each permit issued after
to be effective for the
remainder of the year.

B. Duration. Preferential parking
permits issued pursuant to this Section
shall remain in effect for a period of
one calendar year or fraction thereof, or
as long as the permit holder continues to
reside in the dwelling unit for which the
permit was issued or until the
preferential parking district for which
4 -

4.F.b
Packet Pg. 606 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours) the permit was issued is eliminated,
whichever period of time is less.

C. Visitor Permits. Any resident
may purchase two visitor permits per
dwelling unit. Each permit shall have
the address of the permit holder
imprinted.

D. Availability of parking. A
preferential parking permit shall not
guarantee or reserve to the holder
thereof an on- street parking space within
the designated preferential parking zone.

E. Restrictions and Conditions.

Each permit issued pursuant to this
section shall be subject to each and
every condition and restriction set forth
in this Chapter and as provided for the
preferential parking zone for which it
was issued including conditions or
restrictions which may be altered or
amended from time to time. The issuance
of such permit shall not be construed to
be a permit for, or approval of, any
violation of any provision of this Code
or any other law or regulation.

SECTION 4. Section 3. 08. 110 of the Santa Monica Municipal Code is amended to read as follows:
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4.F.b
Packet Pg. 607 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours) SECTION 3. 08. 110. Prohibitions and
fines.
a) No vehicle shall be parked or
stopped adjacent to any curb in a permit
parking zone in violation of any posted
or noticed prohibition or restriction,
unless such vehicle shall have
prominently displayed permit as directed,
location of permit to be determined by
Police. Each permit shall bear the
vehicle license number of the issuee.

Any vehicle in violation of the Code
shall be subject to a fine of
thirty- three Dollars ($ 33. 00). This
amendment shall become effective July 1,
1993.
b) It shall be unlawful for any
person to sell, rent, or lease, or cause
to be sold, rented, or leased for any
value or consideration any preferential
parking permit. Upon the conviction of a
violation of this subsection, all permits
issued to, or for the benefit of, the
dwelling unit for which the sold, rented,
or leased permit was authorized shall be
void. Any person so convicted shall be
subject to a fine of five hundred dollars
500. 00) .
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4.F.b
Packet Pg. 608 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours) c) It shall be unlawful for any
person to buy or otherwise acquire for
value or use any preferential parking
permit, except as provided for in this
article, and any person so convicted
shall be subject to a fine of five
hundred dollars ($ 500. 00).

SECTION 5. Santa Monica Municipal Code section 3. 12. 1060 is amended to read as follows:

SECTION 3. 12. 1060. Appearance upon
an arrest.
a) Whenever a person is stopped
on a highway or street in the City for
any violation of the provisions of this
Chapter, with the exclusion of those
violations included within section

3. 12. 1070 and of those violations which
are assessed civil penalties, unless such
person demands the right to an immediate
appearance before a magistrate, the
officer shall, upon production, but
without surrender of the driver' s license
of the person stopped, or other
satisfactory evidence of the latter' s
identi ty take the name and address of
such person and the number of his vehicle
and notify him in writing to appear at a
7 -

4.F.b
Packet Pg. 609 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours) time and place specified in such notice;
such time to be at least five days after
such stopping, and such place to be
before the Judge of the Municipal Court.

Whenever such person refuses to give his
written promise to appear as herein
provided for, or demands an immediate
appearance before a magistrate, he shall
be taken forthwith before the Judge of
the Municipal Court. He shall then be
entitled to at least five days'
continuance of his case in which to
prepare for trial within five days unless
he waives such time in writing in open
Court; provided, that he gi ves his
written promise to appear at such time
and place as the Court may fix for his
further appearance, or upon his refusal
to give such promise, upon such bail as
the Court may fix, and he shall thereupon
be released from custody.
b) Whenever a person is stopped
on a highway or street in the City for
any violation of the provisions of this
Chapter which are punishable as civil
penalties, the officer shall comply with
the provisions of the California Vehicle
8 -

4.F.b
Packet Pg. 610 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours) Code as they relate to such civil
penalties.
c) Any person who willfully
violates his promises given in accordance
with this section shall be guilty of a
misdemeanor, regardless of the
disposi tion of the charge upon which he
was originally arrested. A promise to
appear may be complied with by an
appearance by counsel.

SECTION 6. section 3. 12. 1080 is added to the Santa Monica Municipal Code to read as follows:

SECTION 3. 12. 1080.

Code Provisions.
a) The civil penalties for
violation of California Vehicle Code
state Vehicle
Sections 22500A ( parked in any
intersection), 22500B ( parked in any
crosswalk), 22500D ( parked within 15 feet
of a fire station), 22500E ( parked in
front of private or public driveway),
22550F ( parked on sidewalk) , 22500G
parked to obstruct traffic) and 22500H
double parking) shall be as follows:

1. If payment is made within
the time set forth in the notice of
citation of violation or as provided for
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4.F.b
Packet Pg. 611 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours) by law, not less than thirty- three
dollars ($ 33. 00) shall be assessed.

2. If no payment or request
for administrative review is made as
provided for by law, after notice of
delinquency is issued, in the manner
required by law, not less than
seventy- six dollars ($ 76. 00) shall be
assessed.
b) The civil penalties for
violation of California Vehicle Code
sections 22500C ( parking in a safety
zone), 22500I ( parking in a bus zone),
22500J ( parking in a tunnel), 22500K
parking on any bridge), 22502 ( curb
parking) and 22520 ( parked on freeway -
non- emergency) shall be as follows:

1. If payment is made within
the time set forth in the notice of
citation of violation or as provided for
by law, not less than twenty- five dollars

25. 00) shall be assessed.

2. If no paYment or request
for administrative review is made as
provided for by law, after notice of
delinquency is issued, in the manner
required by law, not less than sixty
dollars ($ 60. 00) shall be assessed.
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4.F.b
Packet Pg. 612 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours) c) This amendment shall become
effective July 1, 1993.

SECTION 7. section 3. 12. 1090 is added to the Santa Monica Municipal Code to read as follows:

SECTION 3. 12. 1090. state Vehicle
Code Provisions.
a) The civil p~ nalties for
violation of California Vehicle Code
sections 22502A ( parked within 18 inches
of curb), 22514 ( parked within 15 feet of
fire hydrant), and 22515 ( vehicle without
driver while engine is running) shall be
as follows:

1. If payment is made within
the time set forth in the notice of
citation of violation or as provided for
by law, not less than twenty- eight
dollars ($ 28. 00) shall be assessed.

2. If no payment or request
for administrative review is made as
provided for by law, after notice of
delinquency is issued, in the manner
required by law, not less than sixty- six
dollars ($ 66. 00) shall be assessed.
b) The civil penalty for
violation of California Vehicle Code
Sections 22521 ( parked less than 7. 5 feet
11 -

4.F.b
Packet Pg. 613 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours) from railroad tracks) and 28071 ( bumper
required) shall be as follows:

1. If payment is made within
the time set forth in the notice of
citation of violation or as provided for
by law, not less than twenty dollars

20. 00) shall be assessed.

2. If no payment or request
for administrative review is made as
provided for by law, after notice of
delinquency is issued, in the manner
required by law, not less than fifty-five
dollars ($ 55. 00) shall be assessed.
c) The civil penalty for
violation of California Vehicle Code
section 22516 ( vehicle locked without
means to escape) shall be as follows:

1. If payment is made within
the time set forth in the notice of
citation of violation or as provided for
by law, not less than thirty dollars

30. 00) shall be assessed.

2. If no payment or request
for administrative review is made as
provided for by law, after notice of
delinquency is issued, in the manner
required by law, not less than seventy
dollars ($ 70. 00) shall be assessed.
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4.F.b
Packet Pg. 614 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours) d) The civil penalty
violation of California Vehicle
section 22522 ( parked less than
feet from sidewalk ramp) shall
follows:
for
Code
three
be as

1. If paYment is made within
the time set forth in the notice of
citation of violation or as provided for
by law, not less than thirty- five dollars

35. 00) shall be assessed.

2. If no paYment or request
for administrative review is made as
provided for by law, after notice of
delinquency is issued, in the manner
required by law, not less than eighty
dollars ($ 80. 00) shall be assessed.
e) The civil penalty for
violation of California Vehicle Code
section 22523( A) ( abandoned vehicle on
highway) shall be as follows:

1. If paYment is made within
the time set forth in the notice of
citation of violation or as provided for
by law, not less than fifty dollars

50. 00) shall be assessed.

2. If no paYment or request
for administrative review is made as
provided for by law, after notice of
13 -

4.F.b
Packet Pg. 615 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours) delinquency is issued, in the manner
required by law, not less than one
hundred ten dollars ($ 110. 00) shall be
assessed.
f) This amendment shall become
effective July 1, 1993.

SECTION 8. section 3. 12. 1100 is added to the Santa Monica Municipal Code is amended to read as follows:

SECTION 3. 12. 1100. DW
Administrative Fee.

The administrative fee, if any,
charged to the city by the Department of
Motor Vehicles, as a result of
withholding vehicle registration pursuant
to Vehicle Code section 4760 shall be the
sole responsibility of the vehicle owner.

The civil penalty and fees assessed for
the violation shall be increased
accordingly.

SECTION 9. Santa Monica Municipal Code Section 3. 16. 290 is amended to read as follows:

SECTION 3. 16. 290. Violation
civil Penalties.

Notwithstanding any other provision
of this Code to the contrary, violation
of sections 3. 12. 990 and 3. 12. 1000( a) of
14 -

4.F.b
Packet Pg. 616 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours) this Code shall be punishable by the
following civil penalties:

1. If paYment is made within the
time set forth in the notice of citation
of violation or as provided for by law,
not less than twenty- eight dollars

28. 00) shall be assessed.

3. This amendment shall become
effective July 1, 1993.

SECTION 10. Santa Monica Municipal Code section 3. 16. 291 is amended to read as follows:

SECTION 3. 16. 291. violation
Fines.

Notwithstanding any other provision
of this Code to the contrary, violation
of sections 3. 04. 070, 3. 04. 080, 3. 04. 140,

3. 04. 150, 3. 04. 160, 3. 12. 250, 3. 12. 260,

3. 12. 300, 3. 12. 310, 3. 12. 370, 3. 12. 390,

3. 12. 400, 3. 12. 410, 3. 12. 420, 3. 12. 430,

3. 12. 440, 3. 12. 460, 3. 12. 470, 3. 12. 520,

3. 12. 530, 3. 12. 550, 3. 12. 570, 3. 12. 620,
15 -

4.F.b
Packet Pg. 617 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours)

3. 12. 630, 3. 12. 640, 3. 12. 650, 3. 12. 660,

3. 12. 810, 3. 12. 940 and 3. 12. 1020 of this
Code shall be punishable by the following
fines:

1. If court appearance is made or
bail posted within the time set forth in
the notice of citation of violation, not
less than twenty- five dollars ($ 25. 00)
shall be assessed.

2. If no appearance is made nor
required bail posted as set forth in
subsection 1 above, after a warrant of
arrest is issued in the manner required
by law, not less than fifty dollars

50. 00) shall be assessed.

SECTION 11. Santa Monica Municipal Code section 3. 16. 292 is amended to read as follows:

SECTION 3. 16. 292. violation
ci-vil Penalties.

Notwithstanding any other provision
of this Code to the contrary, violation
of sections 3. 12. 790a, 3. 12. 790b,

3. 12. 910, 3. 12. 920, 3. 12. 1010, 3. 16. 120,

3. 16. 240 and 3. 16. 260 of this Code shall
be punishable by the following civil
penalties:
16 -

4.F.b
Packet Pg. 618 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours)

1. If payment is made within the
time set forth in the notice of citation
of violation or as provided for by law,
not less than twenty- three dollars

23. 00) shall be assessed.

2. If no paYment or request for
administrative review is made as provided
for by law, after notice of delinquency
is issued, in the manner required by law,
not less than fifty- eight dollars

58. 00) shall be assessed.

3. This amendment shall become
effective July 1, 1993.

SECTION 12. Santa Monica Municipal Code section 3. 16. 293 is amended to read as follows:

SECTION 3. 16. 293. violation
civil Penalties.

Notwithstanding any other provision
of this Code to the contrary, violation
of sections 3. 04. 020, 3. 04. 040, 3. 12. 730,

3. 12. 740, 3. 12. 760, 3. 12. 780, 3. 12. 820
and 3. 12. 870 of this Code shall be
punishable by the following civil
penalties:

1. If paYment is made within the
time set forth in the notice of citation
of violation or as provided for by law,
17 -

4.F.b
Packet Pg. 619 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours) not less than eighteen dollars ($ 18. OO)
shall be assessed.

2. If no payment or request for
administrative review is made as provided
for by law, after notice of delinquency
is issued, in the manner required by law,
not less than fifty-three dollars

53. 00) shall be assessed.

3. This. amendment shall become
effective July 1, 1993.

SECTION 13. Santa Monica Municipal Code section 3. 16. 300 is amended to read as follows:

SECTION 3. 16. 300. violation
Fines.

Notwithstanding any other provision
of this Code to the contrary, violation
of sections 3. 04. 180, 3. 12. 330, 3. 12. 340,

3. 12. 350, 3. 12. 540, 3. 12. 580, 3. 12. 590,

3. 12. 610, 3. 12. 1030, 3. 12. 1040 or

3. 16. 250 of this Code shall be punishable
as follows:

1. If court appearance is made or
bail posted within the time set forth in
the notice of citation of violation, not
less than ten dollars ($ 10. 00) shall be
assessed.
18 -

4.F.b
Packet Pg. 620 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours)

2. If no appearance is made nor
required bail posted as set forth in
subsection 1 above, after a warrant of
arrest is issued in the manner required
by law, not less than twenty- five dollars

25. 00) shall be assessed.

SECTION 14. section 3. 16. 320 is added to the Santa Monica Municipal Code as follows:

SECTION 3. 16. 320. civil Penalties.

Notwithstanding any other provision
of this Code to the contrary, violations
of sections 3. 04. 050, 3. 04. 060, 3. 04. 090,

3. 04. 100, 3. 08. 110( a}, 3. 12. 270,

3. 12. 380, 3. 12. 830, 3. 12. 840, 3. 12. 850,

3. 12. 860, 3. 12. 880, 3. 12. 890, 3. 12. 900,

3. 12. 930, 3. 12. 950, 3. 12. 1050, 3. 36. 190,

3. 60. 010c of this Code
punishable as follows:
shall be

1. If payment is made within the
time set forth in the notice of citation
of violation or as provided for by law,
not less than thirty- three dollars

33. 00) shall be assessed.

2. If no payment or timely request
for administrative review is made as is
provided for by
delinquency is
law,
issued
after notice of
in the manner
19 -

4.F.b
Packet Pg. 621 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours) required
seventy- six
assessed.

3. This amendment shall become
effective July 1, 1993.
by law,
dollars
not less than

76. 00) shall be
SECTION 15. section 3. 60. 010 of the Santa Monica Municipal Code is amended to read as follows:

SECTION 3. 60. 010. Motor vehicle.
a) The city Council finds and
declares that a significant problem
exists in the City of Santa Monica with
motor vehicle alarms. Many alarms are
activated by accident or carelessness and
not as the result of any criminal
activity. The noise from motor vehicle
alarms is contrary to public health,
safety, and welfare of the community and
is declared to be a public nuisance.
b) No person shall cause, allow,
permit or suffer any alarm located in a
motor vehicle registered in the same of
or operated by such person to emit any
audible sound in the City of Santa Monica
for a period of more than fifteen ( 15)
minutes. The time shall be calculated
based upon the emission of the first
audible sound and ending fifteen ( 15)
20 -

4.F.b
Packet Pg. 622 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours) minutes thereafter
variation or delay
audible sound.
c) Except as provided in
subdivision ( d), any person violating
this section shall be guilty of an
infraction. Any person convicted of an
infraction under this section shall be
punishable by a fine of not more than
thirty-three dollars ($ 33. 00).
d) Any person violating this
section who has been previously convicted
of three ( 3) or more violations of this
Section shall be guilty of a misdemeanor.
e) The Police Department, in
order to abate the public nuisance
created by a vehicle in violation of this
Section, may take such steps as are
reasonably necessary to enter the
vehicle, disconnect the alarm, and remove
the vehicle for safekeeping in the manner
permitted by law. ( Prior code section
3970) This amendment shall become
effective July 1, 1993.
notwithstanding any
in the emissions of
SECTION 16. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no 21 -

4.F.b
Packet Pg. 623 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours) further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

SECTION 17. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 18. The Mayor shall sign and the city Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption.

APPROVED AS TO FORM:

JOSEPH LAWRENCE
Acting city Attorney
22 -

4.F.b
Packet Pg. 624 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours) Adopted and approved this 30th day of March, 1993.
ayor
I hereby certify that the foregoing Ordinance No. 1680( CCS) was duly and regularly introduced at a meeting of the City Council on the 23rd day of March 1993; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 30th day of March 1993 by the following Council vote:

Ayes: Councilmembers: Abdo, Genser, Greenberg, Olsen,
Vazquez
Noes: Councilmembers: Holbrook, Rosenstein
Abstain: Councilmembers: None

Absent: Councilmembers: None
ATTEST:

City Cler

4.F.b
Packet Pg. 625 Attachment: Exhibit B -O1680 (7691 : Ordinance Change for Beach Lot Operating Hours) f:\atty\ muni\laws\ amendparkingregs- 12d. wpd
City Council Meeting 6- 24- 03 Santa Monica, California ORDINANCE NUMBER 2084
City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SANTA MONICA AMENDING VARIOUS SECTIONS OF THE

SANTA MONICA MUNICIPAL CODE AND ADDING SECTION

3. 08. 120 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO PARKING AND ADDING CHAPTER 3. 02 TO THE MUNICIPAL CODE TO

ESTABLISH CIVIL PENAL TIES FOR PARKING VIOLATIONS

THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Chapter 3. 02 is hereby added to the Santa Monica Municipal Code to read as follows:

Chapter 3. 02

CIVIL PENAL TIES FOR PARKING VIOLATIONS
Section 3. 02. 010. Civil Penalties.

Any person violating any of the provision of the Municipal Code restricting the parking or standing of vehicles shall be assessed a civil penalty. The amounts of such penalties shall be specified on a schedule of civil penalties and may established by ordinance, resolution or any other means approved by law.
1 4.F.c
Packet Pg. 626 Attachment: Exhibit C -O2084 (7691 : Ordinance Change for Beach Lot Operating Hours) Section 3. 02. 020. Penalty For Delinquent Payments.

If any person fails to make timely payment of a parking penalty as provided for by law and in the notice of citation, a separate delinquency penalty shall be assessed against that person for the late payment.

Section 3. 02. 030. Generally Applicable Penalty.

If no specific provision is made upon the schedule of penalties for the particular penalty which applies to a violation of federal, state or local law, the penalty shall be thirty-eight dollars ($ 38. 00) and the penalty for delinquency shall be thirty-eight dollars $ 38. 00).

Section 3. 02. 040. Assessment of Penalties.

Each person who is assessed a penalty shall be assessed a separate civil penalty for each and every commission of any parking violation and shall be liable accordingly.

Section 3. 02. 050. Additions to Penalties Made Pursuant to State Law,
Any surcharges or assessments to parking penalties which are mandated by state law shall be added to the civil penalty imposed for the violation. Additionally, when a hold on a vehicle registration renewal is imposed by the State Department of Motor Vehicles, the civil penalty shall 2 4.F.c
Packet Pg. 627 Attachment: Exhibit C -O2084 (7691 : Ordinance Change for Beach Lot Operating Hours) be increased by the amount of the fee the state charges for the hold on registration.

Section 3. 02. 060. Fee For Collection Of Delinquent Penalty Payments.

If the City incurs special collection costs in conjunction with the assignment of a parking penalty for collection, that cost shall be added to the penalty and the violator shall be liable to the City for both the civil penalties and the collection costs.

SECTION 2. Santa Monica Municipal Code Section 3. 04. 030 is hereby amended to read as follows:

Section 3. 04.030. Beach parking lot parking permits.

Any resident of the City living in a designated permit area may make application for a resident or guest parking permit for use at beach parking lots during the times that parking is otherwise prohibited. Such parking permits may be issued for a period of up to one year. Permit fees, if any, designated permit areas, and exempted periods may be established and changed, from time to time, by resolution. Notwithstanding the above, no City parking permit will be issued until all outstanding parking citations are paid by the permit applicant.
3 4.F.c
Packet Pg. 628 Attachment: Exhibit C -O2084 (7691 : Ordinance Change for Beach Lot Operating Hours) SECTION 3. Santa Monica Municipal Code Section 3. 04. 040 is hereby amended to read as follows:

Section 3. 04. 040. Towing.

Any vehicle parked in violation of Section 3. 04. 020 of this Code may be towed, at the owner' s expense, from the parking lot and impounded, and the owner thereof, shall be responsible for any fees in connection with such towing and impounding.

SECTION 4. Santa Monica Municipal Code Section 3. 04. 050 is hereby amended to read as follows:

Section 3. 04. 050 Payment of posted fee required.

A. Parking Lots with Attendants. No person shall park a vehicle in a public parking lot with an attendant on duty unless he or she has paid the posted parking fee and displayed the receipt for payment on the vehicle. Any person who parks in an attended parking lot when no attendant is on duty shall pay the parking fee when exiting the lot if an attendant is then on duty.

If a vehicle is parked in an attended public lot without a parking receipt, it shall be presumed that the vehicle entered the parking lot when there was no attendant on duty.

B. Parking Lots with Pay and Display Machines. No person shall park a vehicle in a public parking lot with a Pay and Display Machine unless 4 4.F.c
Packet Pg. 629 Attachment: Exhibit C -O2084 (7691 : Ordinance Change for Beach Lot Operating Hours) he or she has paid the posted parking fee and displayed the receipt reflecting payment on the vehicle.

C. Parking Lots with Honor Boxes. No person shall park a vehicle in a public parking lot with an Honor Box unless he or she has deposited the posted parking fee in the slot designated for the space in which the vehicle is parked.

D. Removal of Parking Receipts Prohibited. No person shall remove a parking receipt from another' s vehicle in a public parking lot.

SECTION 5. Santa Monica Municipal Code Section 3. 08. 110 is hereby amended to read as follows:

Section 3. 08. 110. Prohibitions and fines,
No vehicle shall be parked or stopped adjacent to any curb in a permit parking zone in violation of any posted or noticed prohibition or restriction, unless a parking permit, including the vehicle license number, is prominently displayed on the vehicle as directed by the City. Preferential parking permits issued for visitors are exempt from the requirement of including a license number on the permit.

SECTION 6. Section 3. 08. 120 is hereby added to the Santa Monica Municipal Code to read as follows:
5 4.F.c
Packet Pg. 630 Attachment: Exhibit C -O2084 (7691 : Ordinance Change for Beach Lot Operating Hours) Section 3. 08. 120. Transfer of preferential parking permits prohibited.
a) It shall be unlawful for any person to sell, rent, or lease, or cause to be sold, rented, or leased for any value or consideration any preferential parking permit. Upon the conviction of a violation of this subsection, all permits issued to, or for the benefit of, the dwelling unit for which the sold, rented, or leased permit was authorized shall be void. Any person so convicted shall be subject to a fine of five hundred dollars. b) It shall be unlawful for any person to buy or otherwise acquire for value or use any preferential parking permit, except as provided for in this article, and any person so convicted shall be subject to a fine of five hundred dollars.
c) Any person violating this Section shall be guilty of an infraction which shall be punishable by a fine not exceeding Two Hundred Fifty Dollars or a misdemeanor which shall be punishable by a fine not exceeding One Thousand Dollars per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.

SECTION 7. Santa Monica Municipal Code Section 3. 12. 1050 is hereby amended to read as follows:

Section 3. 12. 1050. Prohibition of vehicular parking on front lawns.
6 4.F.c
Packet Pg. 631 Attachment: Exhibit C -O2084 (7691 : Ordinance Change for Beach Lot Operating Hours) No vehicle shall be parked or left standing on the front one- half of any lot in a residential district except on an approved driveway.

SECTION 8. Santa Monica Municipal Code Section 3. 16. 120 is hereby amended to read as follows:

Section 3. 16. 120. Operation of parking meters.

When any vehicle shall be parked in any metered parking space, the operator immediately shall deposit the required payment in the manner prescribed on the parking meter unless the parking meter indicates an unexpired portion remains of the period for which payment had been deposited previously. In no event shall it be lawful to park a vehicle in a designated metered parking space in excess of the maximum parking time limit set by the City. Operators of vehicles displaying Clean Air Vehicle Decals shall not be required to deposit payment in parking meters.

SECTION 9. Santa Monica Municipal Code Section 3. 16. 250 is hereby amended to read as follows:

Section 3. 16. 250. Violation-- Parking where meter indicates time limit is over.

It is a violation to permit any vehicle to remain or be placed in any parking space adjacent to any parking meter while said meter is displaying 7 4.F.c
Packet Pg. 632 Attachment: Exhibit C -O2084 (7691 : Ordinance Change for Beach Lot Operating Hours) a signal indicating that the time for which payment had been deposited in said meter has expired.

SECTION 10. Santa Monica Municipal Code Section 3. 16. 292 is hereby amended to read as follows:

Section 3. 16. 292 Violation-- Civil penalties.

Notwithstanding any other provision of this code to the contrary, violation of Sections 3. 12. 790( a), 3. 12. 790( b), 3. 12. 910, 3. 12. 920,

3. 12. 1010, 3. 16. 120, 3. 16. 240, 3. 16. 250, and 3. 16. 260 of this Code shall be punishable by the following civil penalties:
1) If payment is made within the time set forth in the notice of citation of violation or as provided for by law, not less than twenty- three dollars shall be assessed
2) If no payment or request for administrative review is made as provided for by law, after notice of delinquency is issued, in the manner required by law, not less than fifty-eight dollars shall be assessed. 3) This amendment shall become effective July 1, 1993.

SECTION 11. Santa Monica Municipal Code Section 3. 16. 300 is hereby amended to read as follows:

Section 3. 16. 300 Violation-- Fines.

Notwithstanding any other provision of this Code to the contrary, violation of Sections 3. 04. 180, 3. 12. 330, 3. 12. 340, 3. 12. 350, 3. 12. 540, 8 4.F.c
Packet Pg. 633 Attachment: Exhibit C -O2084 (7691 : Ordinance Change for Beach Lot Operating Hours)

3. 12. 580, 3. 12. 590, 3. 12. 610, 3. 12. 1030, or 3. 12. 1 040 of this Code shall be punishable as follows:
1) If court appearance is made or bail posted within the time set forth in the notice of citation of violation, not less than ten dollars shall be assessed.
2) If no appearance is made nor required bail posted as set forth in subsection ( 1) above, after a warrant of arrest is issued in the manner required by law, not less than twenty-five dollars shall be assessed.

SECTION 12. Santa Monica Municipal Code Section 3. 16. 320 is hereby amended to read as follows:

Section 3. 16. 320 Civil penalties.

Notwithstanding any other provision of this Code to the contrary, violations of Sections 3. 04. 050, 3. 04. 060, 3. 04. 090, 3. 04. 100, 3. 08. 11 O( a),

3. 12. 270, 3. 12. 380, 3. 12. 830, 3. 12. 840, 3. 12. 850, 3. 12. 860, 3. 12. 880,

3. 12. 890, 3. 12. 900, 3. 12. 930, 3. 12. 950, 3. 12. 1050, and 3. 36. 190 of this Code shall be punishable as follows:
1) If payment is made within the time set forth in the notice of citation of violation or as provided for by law, not less than thirty-three dollars shall be assessed
2) If no payment or timely request for administrative review is made as is provided for by law, after notice of delinquency is issued in the manner required by law, not less than seventy-six dollars shall be assessed. 9 4.F.c
Packet Pg. 634 Attachment: Exhibit C -O2084 (7691 : Ordinance Change for Beach Lot Operating Hours) 3) This amendment shall become effective July 1, 1993.

SECTION 13. Santa Monica Municipal Code Sections 3. 12. 1080 ( State Vehicle Code Provisions), 3. 12. 1090 ( State Vehicle Code Provisions) and 3. 16. 160 ( Use of Funds) and 3. 16. 265 ( Violation - Parking) are hereby deleted in their entirety.

SECTION 14. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 15. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. 10 4.F.c
Packet Pg. 635 Attachment: Exhibit C -O2084 (7691 : Ordinance Change for Beach Lot Operating Hours) SECTION 16. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
11 4.F.c
Packet Pg. 636 Attachment: Exhibit C -O2084 (7691 : Ordinance Change for Beach Lot Operating Hours) Adopted and approved this 24th day of June, 2003.

JL~
Mayor Pro Tem McKeown
State of California
County of Los Angeles) ss.

City of Santa Monica
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2084 ( CCS) had it's introduction on June 17, 2003, and was adopted at the Santa Monica City Council meeting held on June 24, 2003, by the following vote:

Ayes: Council members: O' Connor, Genser, Katz, Feinstein, Mayor Pro Tem McKeown
Noes: Council members: Holbrook
Abstain Council members: None

Absent: Council members: Mayor Bloom
ATTEST:
rk

4.F.c
Packet Pg. 637 Attachment: Exhibit C -O2084 (7691 : Ordinance Change for Beach Lot Operating Hours) F:\ muatty\n
i\lawsshare\ mjm\BeachParkingLotPkgPermitsOrd2d020910
City Council Meeting: February 9, 2010 - Santa Monica, California ORDINANCE NUMBER 2305 ( CCS)
City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE 3. 03004.

RELATING TO BEACH PARKING LOT PARKING PERMITS
WHEREAS, the Municipal Code currently prohibits parking in beach- parking lots without a City permit between 3:OOam and 6:OOam; and
WHEREAS, the code authorizes granting parking permits for beach lots but only to residents of designated areas and their guests; and
WHEREAS, it is in the City's interest to facilitate certain regional events within the City that benefit the local economy and afford unique cultural and recreational opportunities to the community; and
WHEREAS, some such events depend upon the availability of all-night parking in beach lots; and
WHEREAS, it is therefore in the City's best interest to make beach lot parking permits available for such events.
1 4.F.d
Packet Pg. 638 Attachment: Exhibit D -O2305 (7691 : Ordinance Change for Beach Lot Operating Hours)

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

SECTION 1. Santa Monica Municipal Code Section 3. 03004.is hereby amended to read as follows:

3. 03004.Beach parking lot parking permits.

Beach lot parking permits authorizing parking during times when it would otherwise be prohibited may be issued as
follows:
a) To a City resident living in a designated permit
area and to a resident's
guest for up to one year;
b) To a member of the public participating in or
attending aregional event within the City if the City Council determines by resolution that the provision of parking
permits for beach-lot parking will further the City's interests by facilitating the event.

Permit fees, if any, designated permit areas, and exempted periods may be established and changed, from time to time, by resolution. Notwithstanding the above, no City parking permit will be issued until all outstanding parking citations are paid by the permit applicant.
2 4.F.d
Packet Pg. 639 Attachment: Exhibit D -O2305 (7691 : Ordinance Change for Beach Lot Operating Hours) SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decisioh shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
3 APPROVED AS TO FORM:

4.F.d
Packet Pg. 640 Attachment: Exhibit D -O2305 (7691 : Ordinance Change for Beach Lot Operating Hours) Approved and adopted this 9th day of February, 2010.

Pam O'Connor, Mayor Pro Tem
State of California )
County of Los Angeles) ss.

City of Santa Monica )
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2305 (CCS) had its introduction on January 26th, 2010, and was adopted at the Santa Monica City Council meeting held on February 9th, 2010, by the following vote:

Ayes: Council members:

Noes: Council members:

Abstain: Council members

Absent: Council members
Bloom, Holbrook, McKeown, Shriver
None
None
Davis
Mayor Pro Tem O'Connor
A summary of Ordinance No. 2305 (CCS) was duly published pursuant to California Government Code Section 40806.

ATTEST:

Maria Stewart, City Cle k

4.F.d
Packet Pg. 641 Attachment: Exhibit D -O2305 (7691 : Ordinance Change for Beach Lot Operating Hours) City Council Meeting 07 -24 -2012 Santa Monica, California ORDINANCE NUMBER 2403 ( CCS)
City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 3. 02. 030 RELATING TO THE GENERALLY

APPLICABLE CIVIL PENALTY FOR PARKING VIOLATIONS, AMENDING CHAPTER 3. 04 RELATING TO PUBLIC PARKING LOTS, ADDING
CHAPTER 3. 06 RELATING TO CAR SHARE PARKING, AMENDING
CHAPTER 3. 08 RELATING TO PREFERENTIAL PARKING ZONES,
AMENDING CHAPTER 3. 10 RELATING TO PREFERENTIAL PARKING

FOR EMPLOYEES OF BUSINESSES, AMENDING
CHAPTER 3. 12 RELATING TO TRAFFIC REGULATIONS, AMENDING CHAPTER 3. 16 RELATING TO PARKING METERS, AND AMENDING
SECTION 3. 36. 280 RELATING TO CITY -OWNED PARKING FACILITIES WHEREAS, the City of Santa Monica is a small, extremely dense, older coastal city consisting of just 8 square miles bordered on one side by the Pacific Ocean and on three sides by the City of Los Angeles; and
WHEREAS, the City' s population is approximately 90, 000; and WHEREAS, in addition to its large residential population for its geographic size, the City is a very desirable place to work and visit; and WHEREAS, on weekdays, approximately 300, 000 people are present within the City and on weekends the number swells to as high as 500, 000 people; and WHEREAS, the density of the City and the number of people working or visiting the City on a daily basis significantly impacts traffic circulation and parking availability on the City' s existing street network and off - street parking facilities; and 1 4.F.e
Packet Pg. 642 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) WHEREAS, to effectively regulate and manage traffic and parking circulation and the transportation network, and thereby protect the public safety and general welfare, the City owns and operates several public parking lots and structures, manages preferential parking zones for its residents and businesses, and regulates on- street stopping, parking, and standing of vehicles, including installing and managing parking meters; and
WHEREAS, certain existing laws regulating parking are unclear, out of date, duplicative of the California Vehicle Code, contain archaic language, or do not adequately address present traffic and parking conditions in the City, which do not promote public welfare; instead, they create confusion, hinder compliance, and impair enforcement efforts; and
WHEREAS, existing Santa Monica Municipal Code ( " Code ") provisions regulating the City' s public parking lots include outdated technology or equipment that is no longer in use; and
WHEREAS, existing Code provisions regarding preferential parking zones do not accurately reflect current parking conditions in the City, and amendments to such provisions would improve the process for designating preferential parking zones and issuing permits, and facilitate effective management and enforcement of preferential parking regulations; and
WHEREAS, existing Code provisions regulating parking meters for on- street parking include now obsolete methods of regulation, and do not reflect current technology and modern equipment used for operating, regulating, and managing parking meters and on- street parking availability and circulation; and 2 4.F.e
Packet Pg. 643 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) WHEREAS, pursuant to the regulatory authority under Vehicle Code section 22508, establishing a method for adjusting parking meter rates from time to time depending on the use and occupancy of on- street parking spaces in different areas of the City will facilitate effective regulation of traffic circulation and parking of vehicles in the public streets and management of on- street parking; and WHEREAS, the City' s Land Use and Circulation Element ( LUCE) includes twelve principles to help the City achieve the goals of resource conservation and environmental responsibility, including encouraging a more sustainable transportation system; and WHEREAS, the LUCE specifically calls for the evaluation of a car sharing program, which may be adopted by the City pursuant to Vehicle Code section 22507. 1; and
WHEREAS, the City has previously served as a hub for regional car sharing services and car sharing is an effective tool for managing traffic and parking congestion; and
WHEREAS, based on the foregoing, it is necessary to add and amend various chapters and sections of Article III of the Code in order to better manage, control, and regulate traffic and parking circulation throughout the City; to improve the City' s transportation network in order to promote a more sustainable transportation system; to ensure adequate parking availability for residents, workers, and visitors; to prevent traffic congestion and hazardous traffic conditions; and to promote compliance and facilitate more efficient and effective notice and enforcement, all of which will promote the public health, safety, and general welfare.
3 4.F.e
Packet Pg. 644 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours)

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

SECTION 1. Santa Monica Municipal Code Section 3. 02. 030 is hereby deleted in its entirety.

SECTION 2. Santa Monica Municipal Code Chapter 3. 04 is hereby amended to read as follows:

CHAPTER 3. 04

PUBLIC PARKING LOTS

3. 04.010 Public parking lot defined.

A public parking lot as used in this Chapter shall mean an off - street parking lot or parking structure owned and operated by the City of Santa Monica or the Parking Authority of the City of Santa Monica.

3. 04. 030 Beach parking lot parking permits.
a) No person shall park or leave standing any vehicle in any beach parking lot, except the Santa Monica Pier Deck Parking Lot, Parking Lot IN, and the Beach House for any period between sunset and sunrise of the next succeeding day, without a valid parking permit.
b) Beach parking lot parking permits authorizing parking during times when it would otherwise be prohibited may be issued as follows:
1) To a City resident living in a designated permit area and to a resident' s guest for up to one year;
2) To a member of the public participating in or attending a regional event within the City, if the City Council determines by resolution that issuing parking permits or 0 4.F.e
Packet Pg. 645 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) parking receipts for beach parking lots will further the City' s interests by facilitating the event.

3. 04. 035 Parking fees and permit fees.

Parking fees and permit fees, if any, designated permit areas, and exempted periods may be established and changed, from time to time, by resolution. No parking permit will be issued until all outstanding parking citations are paid by the permit applicant.

3. 04.040 Towing.

Any vehicle parked or left standing in violation of this Chapter may be towed from the parking lot and impounded. The registered owner of the vehicle shall be responsible for any fees in connection with such towing and impounding.

3.04. 050 Payment of posted fee required.
a) Parking Lots with Attendants. No person shall park a vehicle in a public parking lot with an attendant on duty unless he or she has paid the posted parking fee and displayed the receipt for payment on the vehicle. Any person who parks in an attended parking lot when no attendant is on duty shall pay the parking fee at the Pay Machine located in the lot, or, if there is no Pay Machine, when exiting the lot if an attendant is then on duty. If a vehicle is parked in an attended public parking lot without a Pay Machine and the vehicle does not display a parking receipt, it shall be presumed that the vehicle entered the parking lot when there was no attendant on duty. b) Parking Lots with Pay Machines and No Attendants. No person shall park a vehicle in an unattended public parking lot with a Pay Machine unless he or she has paid the posted parking fee. If instructed by a posted sign to display the receipt of 5 4.F.e
Packet Pg. 646 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) payment, the receipt must be visibly displayed on the vehicle as instructed by the posted signage.
c) Removal of Parking Receipts Prohibited. No person shall remove a parking receipt from another vehicle in a public parking lot.
d) Transfer of Parking Receipts Prohibited. No person shall transfer or cause to be transferred a parking receipt from another vehicle in a public parking lot to avoid payment of posted parking fees.

3. 04.080 Marked exits.

No person shall remove a vehicle from a public parking lot except through a marked exit gateway or driveway.

3. 04. 100 Parking spaces.

No vehicle shall be parked in any public parking lot except entirely within a space indicated by painted lines, said spaces being commonly referred to as a " parking space," " parking slot," or "parking stall," unless exempted by permit pursuant to Section

3. 04. 150 of this Chapter.

3. 04. 150 Large vehicles in public parking lots.

No person shall drive a large vehicle as defined in Section 3. 12. 870 onto any public parking lot, unless the person has a permit issued by the City. This Section does not apply to any large vehicle actively engaged in business deliveries to or pick -up from merchants maintaining an established place of business adjacent to such parking lot. 11 4.F.e
Packet Pg. 647 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours)

3. 04.160 Prohibited activities.

No person shall engage in any sports or recreational activity in any public parking lot that endangers public health or safety or threatens injury to persons or damage to property.

3. 04.170 Posted speed limits.

No person shall drive a vehicle in excess of the posted speed limit on any public parking lot.

3. 04.190 Maximum speed limit.

Unless otherwise posted, no person shall drive a motor vehicle upon any public parking lot at a speed greater than fifteen miles per hour.

3. 04.200 Penalties.
a) Any person violating any provision of this Chapter, except for provisions restricting the parking or standing of vehicles, shall be guilty of either an infraction, which shall be punishable by a fine not exceeding two hundred and fifty dollars per violation, or a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. b) Any person who violates any provision of this Chapter, except for provisions restricting the parking or standing of vehicles, shall be subject to administrative fines and administrative penalties pursuant to Chapter 1. 09 of this Code. c) The remedies provided in this Chapter are not exclusive, and nothing in this Chapter shall preclude any person from seeking other remedies, penalties or procedures provided by law.
7 4.F.e
Packet Pg. 648 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) SECTION 3. Santa Monica Municipal Code Chapter 3. 06 is hereby added to read in its entirety as follows:

CHAPTER 3.06

CAR SHARE
Section 3. 06. 010 Purpose.

The car share permit requirements established in this Chapter are intended to promote sustainable and alternative transportation practices, alleviate traffic congestion, manage the availability of on- street parking, particularly in areas that will maximize the use of car share vehicles, and thereby improve traffic and parking circulation.

Section 3. 06. 020 Definitions.

The following words or phrases as used in this Chapter shall have the following meanings.
a) Car Share Vehicle. "Car share vehicle" shall mean a motor vehicle, no more than six feet in height, that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service. b) City Car Share Program. " City Car Share Program" shall mean a program under which the City designates on- street parking spaces for the exclusive use of vehicles displaying a valid car share permit.
c) Car Share Permit. " Car share permit' shall mean a permit issued by the City for a car share vehicle.
d) Eligible Car Share Organization. " Eligible car share organization" shall mean a public or private car sharing company or organization that satisfies the criteria of this Chapter.

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Packet Pg. 649 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) Section 3. 06. 030 Designation of car share parking spaces.

The Director of Planning and Community Development, or his or her designee, is authorized in accordance with the purposes of this Chapter to designate streets or portions of streets by signs or markings upon which parking is reserved for the exclusive use of car share vehicles.

Section 3. 06. 040 Car share permit required.

No person shall stop, park or leave standing any vehicle in a place designated for the exclusive parking of car share vehicles participating in the City Car Share Program, unless the vehicle has a valid car share permit displayed as directed by the City.

Section 3. 06. 050 Eligibility criteria for car share company or organization.

Participation in the City Car Share Program is limited to car share companies or organizations selected through a competitive bidding process, based on criteria including but not limited to the following:
a) The car share company or organization must have an online or other similarly accessed real -time system used for processing and paying for car share vehicle reservations;
b) The car share vehicles may be accessed where they are parked without requiring a person to go to a different physical location to execute a contract or pick up keys or other access and ignition devices.

SECTION 4. Santa Monica Municipal Code Chapter 3. 08 is hereby amended to read as follows:
r]

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Packet Pg. 650 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) CHAPTER 3. 08

PREFERENTIAL PARKING ZONES

3.08.010 Purpose.

The preferential parking requirements established in this Chapter are intended to regulate and manage traffic and parking circulation by limiting on- street parking availability on residential streets in a manner that facilitates the ability of residents with preferential parking permits to find on- street parking for their vehicles in close proximity to their residence, and promotes sufficient parking availability in a particular area when and where needed.

3. 08. 020 Definitions.

The following words and phrases as used in this Chapter shall have the following meanings.
a) Dwelling Unit. ' Dwelling Unit" shall mean any self- contained house, apartment, stock cooperative, or condominium occupied solely for residential purposes. b) Preferential Parking Zone. ' Preferential Parking Zone" shall mean a residential area with streets and boundaries designated by the City Council wherein vehicles displaying a permit issued pursuant to this Chapter shall be exempt from parking restrictions established pursuant to this Chapter. c) Resident. `Resident' shall mean any person who lives in a dwelling unit located in a preferential parking zone.
d) Visitor. " Visitor" shall mean a person visiting residents living in a preferential parking zone.

3. 08. 030 Designation of preferential parking zone.
a) Upon receipt and verification of a petition signed by residents living in two10

4.F.e
Packet Pg. 651 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) thirds of the dwelling units comprising at least fifty percent of the developed frontage of the area proposed for designation, the City shall undertake such surveys or studies as deemed necessary to determine whether an area should be designated a preferential parking zone.
b) Upon the recommendation of City staff, the City Council shall consider areas for designation as preferential parking zones. If the Council finds that an area satisfies the criteria set forth in this Chapter for preferential parking zone designation, the Council may adopt a resolution designating an area as a preferential parking zone and authorize the Director of Planning and Community Development, or his or her designee, to establish appropriate parking restrictions for the zone c) The City Council may, at its discretion, adopt a resolution designating an area as a preferential parking zone and authorize the Director of Planning and Community Development, or his or her designee, to establish appropriate parking restrictions for the zone.

3. 08.040 Designation criteria.

The Council may adopt a resolution designating an area as a preferential parking zone based upon the following criteria:
a) That non - resident vehicles, defined as those vehicles operated by persons whose destinations are to nonresidential areas, do or may substantially and regularly interfere with the use of the majority of available on- street or alley parking spaces by adjacent residents;
b) That the interference by the non - resident vehicles occurs at regular and significant daily or weekly intervals;
11 4.F.e
Packet Pg. 652 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) c) That the non - resident vehicles parked in the area of the proposed zone cause or are the source of unreasonable noise, traffic hazards, environmental pollution, or devaluation of real property in the area of the proposed zone; d) That no unreasonable displacement of non - resident vehicles will result in surrounding residential areas outside the proposed zone; e) That a shortage of reasonably available and convenient residential related parking spaces exists in the area of the proposed zone; and f) That alternative solutions are not feasible or practical.

3. 08. 060 Dissolution process.

A preferential parking zone shall be dissolved by resolution of the City Council:
a) Upon receipt and verification of a petition signed by residents living in twothirds of the dwelling units comprising at least fifty percent of the developed frontage of the preferential parking zone; or
b) Upon findings by the City Council that the criteria for designating the preferential parking zone are no longer satisfied.

3. 08. 070 Preferential parking permits.
a) Issuance and Fees. No permit will be issued to any applicant until that applicant has paid all of his or her outstanding parking citations, including all civil penalties and related fees.

An applicant shall present proof of residency in the preferential parking zone.

Each qualified applicant is entitled to purchase one permit per vehicle, up to three permits per year. The address of vehicle registration must coincide with the residence address of applicant. An applicant requesting more than three permits for his 12 4.F.e
Packet Pg. 653 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) or her dwelling unit may be granted additional permits by the City upon showing that there are more than three vehicles registered at the dwelling unit and that to deny additional permits would constitute a hardship, and upon the determination by the City, that sufficient off - street parking is not available to the applicant.

Permit fees shall cover the cost of establishing and maintaining the preferential parking zone. Permit fees shall be set by City Council resolution at the time of the preferential parking zone designation.
b) Duration. Preferential parking permits shall remain in effect for a period of one calendar year or fraction thereof, or as long as the permit holder continues to reside in the dwelling unit for which the permit was issued, or until the preferential parking zone for which the permit was issued is dissolved, whichever period of time is less. unit.
c) Visitor Permits. Any resident may purchase two visitor permits per dwelling d) Guest Permits. The owner or owner' s agent of a commercial property which is a City- designated historic landmark and which provides overnight accommodations on residentially -zoned property within a preferential parking zone may obtain one guest permit for preferential parking per guest unit. Such permits shall be in lieu of an exemption of the property' s frontage from preferential parking regulations. e) Availability of Parking. A preferential parking permit shall not guarantee or reserve to the permit holder an on- street parking space within the designated preferential parking zone.
f) Restrictions and Conditions. Each permit issued pursuant to this Section shall be subject to each and every condition and restriction set forth in this Chapter and 13 4.F.e
Packet Pg. 654 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) as provided for the preferential parking zone for which it was issued, as may be amended from time to time. The issuance of such permit shall not be construed to waive compliance with any other applicable parking law, regulation or ordinance.

3. 08.080 Reserved.

3.08.090 Exemptions.
a) The following vehicles are exempt from parking restrictions pursuant to this Chapter:
1) A vehicle owned or operated by a public or private utility, when used in the course of business.
2) A vehicle owned or operated by a governmental agency, when used in the course of official government business.
3) A vehicle for which an authorized emergency vehicle permit has been issued by the Commissioner of the California Highway Patrol, when used in the course of business.
4) A vehicle parked or standing while actively delivering materials or freight. 5) A vehicle displaying an authorized exemption permit issued by the City of Santa Monica.
6) A vehicle parked for the purpose of attending or participating in an event taking place at a school within the Santa Monica Malibu Unified School District, provided that the vehicle is parked within two blocks of the school, the school has requested and received approval from the City at least fourteen days before the event date, and the school distributes notices to all addresses within a two -block radius of the school. Exempt parking pursuant to this subsection ( a)( 6) is available for no more than 14 4.F.e
Packet Pg. 655 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) five events per school year for each school.
b) All vehicles are exempt from parking restrictions pursuant to this Chapter on the following holidays: January 1, July 4, Thanksgiving Day, and December 25.

3. 08. 100 Authority of City staff.
a) The Director of Planning and Community Development and the Director of Finance are authorized to adopt administrative regulations that are consistent with the purposes of this Chapter.
b) The Police Department shall have the authority to enforce the administrative regulations established pursuant to this Chapter.

WIMIili[ r11T. M $11MOTITV. I ' llIMM
No person shall stop, stand or park a vehicle adjacent to any curb in a preferential parking zone in violation of any posted or noticed prohibition or restriction, unless the person has a valid and current preferential parking permit for that vehicle, or is otherwise exempt to the extent authorized by law.

3. 08. 120 Transfer of preferential parking permits prohibited. a) No person shall sell, rent, or lease, or cause to be sold, rented, or leased for any value or consideration any preferential parking permit. Upon the conviction of a violation of this subsection, all permits issued to, or for the benefit of, the dwelling unit for which the sold, rented, or leased permit was authorized shall be void. b) No person shall buy or otherwise acquire for value or use any preferential parking permit, except as provided for in this Chapter. c) Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which 15 4.F.e
Packet Pg. 656 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) shall be punishable by a fine not exceeding one thousand dollars per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.

SECTION 5. Santa Monica Municipal Code Chapter 3. 10 is hereby amended to read as follows:

CHAPTER 3. 10

PREFERENTIAL PARKING FOR EMPLOYEES OF BUSINESSES

AND COMMERICAL PROPERTY OWNERS

3. 10.005 Purpose.

The preferential parking requirements established in this Chapter are intended to regulate and manage traffic and parking circulation by limiting on- street parking availability on designated streets in a manner that facilitates the ability of employees of businesses and tenants of commercial property owners with preferential parking permits to find on- street parking for their vehicles in close proximity to their place of work, and promotes sufficient parking availability in a particular area when and where needed.

3. 10. 010 Preferential parking for businesses and commercial property owners.

Subject to the eligibility requirements established in Section 3. 10. 020 and any administrative regulations established thereto, a business or commercial property owner with legal non - conforming on -site parking located within a fifteen hundred foot radius of one of the blocks specified in this Section may be issued preferential parking permits by the City.

Total # of
Block Permits
10th St. between Pico and Michigan 8
10th St. between Pico and Bay 2
11th St. between Pico and Bay 2
16 4.F.e
Packet Pg. 657 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) 11th St. between Bay and Grant 2
1000 Bay Street between 10th and 11th 3
1100 Bay Street between 11th and Euclid 3
TOTAL

3. 10. 020 Requirements for permits.
e,
After the receipt of a complete application, the City may issue preferential parking permits to a qualified business or commercial property owner located in a preferential parking zone subject to findings by the City of: the availability of spaces; the City's approval of a worksite trip reduction plan pursuant to Section 9. 16. 080 of this Code; the business' or commercial property owner's agreement to share its off - street parking with other businesses or commercial property owners in the area to the extent feasible consistent with local law; and payment of the permit fee. No business or commercial property owner shall be eligible to possess more than five permits at any time. A lottery system may be implemented to allocate preferential parking permits to ensure that all qualifying businesses and commercial property owners have a fair opportunity to obtain a permit. Permit holders who violate this Chapter or any administrative regulations may have their permit revoked and may be excluded from obtaining future permits.

3. 10.030 Rights and duties of permittees.

Preferential parking permits shall allow the permit holder to park one car associated with that permit on the specific block for which the permit is issued from nine a. m. to six p. m. weekdays. The permit holder must be an employee of the business or the tenant of a commercial property owner that is issued the preferential parking permit. 17 4.F.e
Packet Pg. 658 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours)

3. 10. 040 Fees.

The fee for preferential parking permits issued pursuant to this Chapter shall be set by resolution of the City Council.

3. 10.050 Term.

Permits shall be valid for three months and reissued quarterly to permittees in good standing.

3. 10.060 Administrative regulations.

The Director of Planning and Community Development and the Director of Finance are authorized to adopt administrative regulations that are consistent with the purposes of this Chapter, including but not limited to the conduct and timing of the lottery for allocating preferential parking permits, the permit application submittal date, the number of permits that will be issued to individual qualifying businesses or commercial property owners, and regulations for the use of the permits.

SECTION 6. Santa Monica Municipal Code Section 3. 12. 010 is hereby amended to read as follows:

3. 12. 010 Definitions.

The following words and phrases as used in this Chapter shall have the following meanings.

SECTION 7. Santa Monica Municipal Code Section 3. 12. 020 is hereby deleted in its entirety.

SECTION 8. Santa Monica Municipal Code Section 3. 12. 070 is hereby amended to read as follows:

4.F.e
Packet Pg. 659 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours)

3. 12. 070 Loading zone.

Loading Zone" is that space adjacent to a curb reserved for the exclusive use of vehicles actively engaged in loading or unloading of materials, freight or passengers.

SECTION 9. Santa Monica Municipal Code Section 3. 12. 080 is hereby amended to read as follows:

3. 12.080 Official traffic control signals.

Official Traffic Control Signals" include any devices, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and proceed, and which is placed or erected by authority of a public body or official having jurisdiction.

SECTION 10. Santa Monica Municipal Code Section 3. 12. 090 is hereby amended to read as follows:

3. 12. 090 Official traffic control devices.

Official Traffic Control Devices" include all signs, signals, markings, and devices consistent with Vehicle Code Sections 440 and 21400, placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic.

SECTION 11. Santa Monica Municipal Code Section 3. 12. 100 is hereby amended to read as follows:

3. 12. 100 Operator.

Operator," includes any person who is in actual physical control of a vehicle. 19 4.F.e
Packet Pg. 660 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) SECTION 12. Santa Monica Municipal Code Section 3. 12. 110 is hereby amended to read as follows:

3. 12. 110 Park or parking.

Park" or " parking" is the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading passengers or materials.

SECTION 13. Santa Monica Municipal Code Section 3. 12. 140 is hereby deleted in its entirety.

SECTION 14. Santa Monica Municipal Code Section 3. 12. 190 is hereby amended to read as follows:

3. 12. 190 Sidewalk.

Sidewalk" is that portion of a street other than a roadway or a parkway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.

SECTION 15. Santa Monica Municipal Code Section 3. 12. 200 is hereby amended to read as follows:

3. 12. 200 Stop or stopping.

Stop" or "Stopping" is a complete cessation of movement.

SECTION 16. Santa Monica Municipal Code Section 3. 12. 260 is hereby amended to read as follows:

3. 12.260 Official traffic control signals.

Whenever traffic is controlled by official traffic control signals exhibiting the words, "GO," " CAUTION," or "STOP," or exhibiting different colored lights successively, 20 4.F.e
Packet Pg. 661 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) one at a time, such signals shall conform with the requirements of the Vehicle Code and all persons shall comply with such signals.

SECTION 17. Santa Monica Municipal Code Section 3. 12. 270 is hereby amended to read as follows:

3. 12. 270 Disobeying instructions of various signals.

No person shall disobey instructions of any banner or sign erected by the City and erected or placed in accordance with provisions of this Chapter.

SECTION 18. Santa Monica Municipal Code Section 3. 12. 300 is hereby deleted in its entirety.

SECTION 19. Santa Monica Municipal Code Section 3. 12. 710 is hereby amended to read as follows:

3. 12.710 Stopping, standing, and parking.

The Director of Planning and Community Development, or his or her designee, is authorized to establish, maintain, and designate upon the surface of the roadway or curbs stopping, parking or standing regulation signs or markings, which signs or markings shall conform to the provisions of the Vehicle Code and shall have the meanings therein prescribed. Such authority includes the power to determine those streets within any commercial or residential district which have a grade exceeding three percent ( 3 %) and upon which a hazardous condition would be created unless unattended motor vehicles are parked by blocking the wheels thereof by turning them against the curb or by other means and to cause appropriate signs to be posted on such streets. When such signs have been posted, or street or curb markings placed, no 21 4.F.e
Packet Pg. 662 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) person shall stop, stand or park a vehicle in violation thereof.

SECTION 20. Santa Monica Municipal Code Section 3. 12. 720 is hereby amended to read as follows:

3. 12. 720 Removal of illegally parked vehicles.

Police officers are authorized to remove from streets or highways within the City to the nearest garage or other place of safety, or to a garage or other place of safety designated or maintained by the Police Department, any vehicle which has been parked or left standing in violation of an official sign or marking prohibiting the stopping, standing or parking of vehicles and giving notice that such vehicle may be removed.

SECTION 21. Santa Monica Municipal Code Section 3. 12.730 is hereby amended to read as follows:

3. 12. 730 Green parking zones.

A green parking zone shall exist where the curb is painted green. The words 15- Minute Limit' may also be stenciled on the curb within the zone. No person shall stop, stand or park in any green parking zone for more than 15 minutes.

SECTION 22. Santa Monica Municipal Code Section 3. 12. 740 is hereby amended to read as follows:

3. 12.740 Yellow loading zones.

A yellow loading zone shall exist where the curb is painted yellow. The words 15- Minute Loading Only 7 am -6 pm Mon -Sat' may also be stenciled on the curb within the zone. No person shall park in any yellow loading zone between the hours of 7: 00 a. m. and 6: 00 p. m. Monday through Saturday. No person shall stop, stand or park in a 22 4.F.e
Packet Pg. 663 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) yellow loading zone for a longer time than necessary to load or unload materials, freight or passengers, and in no event longer than 15 minutes. A yellow loading zone may be established if all of the following factors exist:
1) Sufficient loading activity exists to warrant reducing curb parking by installing the more restrictive loading zone.
2) Curb availability for loading is insufficient due to heavy area parking demand. 3) Off - street or alley loading is not available.

SECTION 23. Santa Monica Municipal Code Section 3. 12.750 is hereby deleted in its entirety.

SECTION 24. Santa Monica Municipal Code Section 3. 12. 760 is hereby amended to read as follows:

3. 12.760 White loading zones.

A white loading zone shall exist where the curb is painted white. The words " 3- Minute Limit Passenger Loading Only" or " Loading Only" may also be stenciled on the curb within the zone. No person shall stop, stand or park in any white loading zone for a longer time than necessary to load or unload passengers or deposit mail in an adjacent mailbox and in no event longer than three minutes. A white loading zone may be established if curb parking is insufficient due to heavy area parking and sufficient loading activity exists to warrant reducing curb parking by installing the more restrictive loading zone or the following factors exist:
a) An adjacent hotel or motel with at least 50 rooms and a desk clerk on duty 24 hours a day does not have off- street loading.
23 4.F.e
Packet Pg. 664 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) b) An adjacent apartment or apartment - hotel has the same existing factors as in subsection ( a) above and at least 50% of the average monthly. occupancy is of a transient nature.

SECTION 25. Santa Monica Municipal Code Section 3. 12. 770 is hereby amended to read as follows:

3. 12. 770 Disabled Parking Zones.
a) A Disabled Parking Zone shall exist where the curb or edge of the paved portion of the street adjacent to the on- street parking space or where the stalls or spaces in an off - street parking facility have been designated for parking for disabled persons in the manner required by the Vehicle Code.
b) No person shall stop, stand or park a vehicle in a Disabled Parking Zone unless the vehicle has a distinguishing license plate issued to a disabled person pursuant to Vehicle Code Section 5007 or displays a distinguishing placard issued to a disabled person pursuant to Vehicle Code Section 22511. 55 or 22511. 59. Any vehicle parked in violation of this Section may be removed from the Disabled Parking Zone in the manner authorized by law.
exists:
c) A Disabled Parking Zone may be established if either of the following factors 1) On- street parking is insufficient due to heavy area parking; or 2) Sufficient vehicular activity by disabled persons exists at the location.

SECTION 26. Santa Monica Municipal Code Section 3. 12.775 is hereby added to read as follows:
24 4.F.e
Packet Pg. 665 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours)

3. 12. 775 Disabled parking prohibited.

No person shall stand or park a vehicle on a street or in a parking stall or space in an off - street parking facility when the vehicle displays, in order to obtain special parking privileges, a distinguishing placard or special license plate issued pursuant to Vehicle Code section 5007, 22511. 55, or 22511. 59, and any of the following conditions are met:
a) The records of the Department of Motor Vehicles for the identification number assigned to the placard or license plate indicate that the placard or license plate has been reported as lost, stolen, surrendered, canceled, revoked, or expired, or was issued to a person who has been reported as deceased for a period exceeding 60 days. b) The placard or license plate is displayed on a vehicle that is not being used to transport, and is not in the reasonable proximity of, the person to whom the license plate or placard was issued or a person who is authorized to be transported in the vehicle displaying that placard or license plate.
c) The placard or license plate is counterfeit, forged, altered, or mutilated.

SECTION 27. Santa Monica Municipal Code Section 3. 12. 790 is hereby amended to read as follows:

3. 12. 790 Angle and head -in parking.
a) All parking upon a roadway or street shall be parallel, except upon those streets which have been marked for or have a posted sign indicating angle parking, upon which streets vehicles shall be parked at the angle to the curb indicated by such markings or signs and not otherwise.
25 4.F.e
Packet Pg. 666 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) b) No person shall disobey instructions of any official traffic sign requiring head - in parking.

SECTION 28. Santa Monica Municipal Code Section 3. 12. 830 is hereby amended to read as follows:

3. 12. 830 Parking prohibited in specified places.
a) Unless otherwise designated by a posted sign or a parking meter, no person shall stop, park or leave standing any vehicle in front of any entrance to any carport, garage or in front of any driveway apron, or upon that portion of any public street or place in the City where the City has erected a sign or painted in red a portion of the curb line.
b) Notwithstanding the prohibitions contained in subsection ( a) of this Section, the owner or occupant of a single -unit commercial property may obtain a permit or permits authorizing parking or leaving vehicles standing across the driveway of that commercial property. For purposes of this subsection, " across the driveway" means in the street parallel to the curb of the street blocking the driveway. At no time may a person park a vehicle in such a manner that blocks or intrudes upon any portion of a sidewalk or horizontal extension of a sidewalk adjacent to the driveway or extension of a driveway crossing over the public right -of -way.
1) Application Required. An application must be submitted to the City which includes the following information:

A) Applicant's name and address;
B) Address of the property where parking will occur;
C) Layout of driveway and detail of parking area it serves;

4.F.e
Packet Pg. 667 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) D) Certification that entire parking area served provides parking for either the owner or single tenant;
E) Scaled layout of parking requested in the public right -of -way showing each proposed space or spaces at least twenty feet in length; F) The names and numbers of person( s) to be notified twenty -four hours a day, seven days a week, in the event of complaints or concerns regarding parking operation. 2) Number of Permits. The number of permits issued annually by the City for a property shall be limited to the number of parking spaces identified on the parking layout.
3) Responsibility for Permits. The permits shall be issued to the owner or tenant, who shall have the sole responsibility for maintaining control of them and their use.
year.
4) Term of Permits. Permits shall expire annually on December 31st of each 5) Cost of Permits. Permits valid from the effective date of this Section until June 30, 2004, shall cost fifteen dollars per permit. Thereafter, the cost of the permit may be set by resolution of the City Council. Additionally, the City may charge a fee to cover the cost of processing permit applications, signage, and other costs resulting from the permitting process.
6) Signage. The parking area shall be posted with signage to inform motorists that the driveway is subject to closure at any time by the property owner or lessee and giving a contact telephone number that will be answered twenty -four hours a day, seven days a week.
27 4.F.e
Packet Pg. 668 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) days.
7) Processing. Once complete, applications shall be processed within thirty SECTION 29. Santa Monica Municipal Code Section 3. 12. 835 is hereby amended to read as follows:

3. 12. 835 Electric vehicle parking.

The Director of Planning and Community Development, or his or her designee, is authorized to designate parking spaces or stalls in an off - street parking facility owned and operated by the City of Santa Monica or the Parking Authority of the City of Santa Monica for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes.

SECTION 30. Santa Monica Municipal Code Section 3. 12. 840 is hereby amended to read as follows:

3. 12. 840 Parking time limited in specified places.

No person shall park or leave standing any vehicle upon that portion of a street, alley or public place during the posted hours and period of time prohibiting standing or parking.

SECTION 31. Santa Monica Municipal Code Section 3. 12. 845 is hereby added to read as follows:

3. 12. 845 Street Sweeping.

No person shall park or leave standing any vehicle upon that portion of a street, alley or public place during the posted days and hours for street sweeping.

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Packet Pg. 669 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) SECTION 32. Santa Monica Municipal Code Section 3. 12. 850 is hereby amended to read as follows:

3. 12. 850 Early morning parking prohibited.

No person shall park or leave standing any vehicle for a period longer than thirty minutes between the hours of 3: 00 a. m. and 5: 00 a. m. of any day on any street, alley or public place when posted in accordance with Section 3. 12. 840 of this Chapter.

SECTION 33. Santa Monica Municipal Code Section 3. 12. 870 is hereby amended to read as follows:

3. 12. 870 Height and width restrictions.

No person shall park any commercial vehicle on a public street or alley in a residential district as established by Article 9 of this Code, except when actively engaged in commercial activities, in the event of an emergency, or for the purpose of loading and unloading, if any part of such commercial vehicle, together with fixtures or property thereon, if any, measures more than eight feet in width or eight feet in height.

SECTION 34. Santa Monica Municipal Code Section 3. 12. 900 is hereby amended to read as follows:

3. 12. 900 Overnight parking permits for oversized vehicles.

Permits for overnight parking in residential areas may be issued by the City upon application of any person therefor, and subject to the following provisions:
a) Each application for an overnight street parking permit shall be filed with the City, upon a form to be furnished by the City.
b) Each such application shall set forth:
1) The name, residence address, and telephone number of the applicant; 29 4.F.e
Packet Pg. 670 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) 2) The license number, make, model, and type of vehicle for which an overnight parking permit is requested;
3) The name and current address of the registered owner of said vehicle; 4) The dates for which the permit is requested. Such dates shall consist of two twenty -four hour periods, to commence in all cases at 6: 00 p. m., and to end in all cases, at 6: 00 p. m. the following day;
5) Such additional information as the City may require; 6) A statement that applicant declares under penalty of perjury that all statements in the application are true; and
7) The signature of the applicant.
c) Upon the filing of the application, the City may make such investigation thereof as necessary to determine whether such a permit should be issued. An overnight parking permit shall be issued in a form designated by the City, specifying the twenty -four hour periods for which it is valid. Such permit shall be issued only for a noncommercial passenger vehicle, as defined by the Vehicle Code, which together with any fixtures, accessories or property, except single post radio antennas, exceeds a width of eight feet, a height of eight feet, or a length of twenty feet, but in no event shall such a permit be issued where, upon investigation, it is determined by the City, that to permit overnight parking of the vehicle for which the application is made would constitute a hazard to pedestrians, vehicular traffic or enforcement of the law. d) The overnight parking permit shall be visibly displayed on the vehicle for which it was issued as instructed by the City, and the permit shall not be effective unless it is so affixed.

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Packet Pg. 671 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) e) No more than three overnight parking permits may be issued in any thirty -day period for the parking of an oversized vehicle at a single residence address. f) An overnight parking permit issued pursuant to this Section does not waive compliance with any other applicable parking law, regulation or ordinance.

SECTION 35. Santa Monica Municipal Code Section 3. 12. 1060 is hereby amended as follows:

3. 12. 1060 Penalties.
a) Any person violating any provision of this Chapter, except for provisions restricting the parking or standing of vehicles or as otherwise specified in this Chapter, shall be guilty of either an infraction, which shall be punishable by a fine not exceeding two hundred and fifty dollars per violation, or a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.
b) Any person who violates any provision of this Chapter, except for provisions restricting the parking or standing of vehicles or as otherwise specified in this Chapter, shall be subject to administrative fines and administrative penalties pursuant to Chapter

1. 09 of this Code.
c) The remedies provided in this Chapter are not exclusive, and nothing in this Chapter shall preclude any person from seeking other remedies, penalties or procedures provided by law.

SECTION 36. Santa Monica Municipal Code Section 3. 12. 1070 is hereby deleted in its entirety.
31 4.F.e
Packet Pg. 672 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) SECTION 37. Santa Monica Municipal Code Chapter 3. 16 is hereby amended to read as follows:

CHAPTER 3. 16

PARKING METERS

3. 16.020 Definitions.

The following words and phrases as used in this Chapter shall have the following meanings.
a) Holiday. "Holiday" shall mean the following days: January 1, the third Monday in January, the third Monday in February, the last Monday in May, July 4, the first Monday in September, the second Monday in October, November 11, Thanksgiving Day, December 25, and any other day designated by the City Council as a day for public feast, thanksgiving or holiday.
b) Operator. " Operator" shall mean an individual who operates a vehicle as the owner or lessee, or as the agent, employee or permittee of the owner or lessee, or who is in actual physical control of the vehicle.
c) Parking Meter. ' Parking meter' shall mean any mechanical or electronic single or multi -space device, system, or meter that registers payment for an on- street parking space and is erected for the regulation of on- street parking. d) Payment. ' Payment" shall mean any lawful coin, bill, or combination of coins and bills of the United States of America, credit cards, debit cards, or any other payment method designated by the legend of the parking meter or adjacent signage.

3. 16. 080 Designation of parking spaces.

The Director of Planning and Community Development, or his or her designee, is authorized to mark off or cause to be marked off individual parking spaces on any public 32 4.F.e
Packet Pg. 673 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) streets, which shall be designated by white lines painted or durably marked on the surface of the street or on the curb.

3. 16. 120 Operation of parking meters.
a) Unless exempt pursuant to subsection ( b) or ( c) of this Section, when any vehicle is parked in a metered parking space, the operator immediately shall deposit payment in the manner prescribed on the parking meter or at the parking space. Unless otherwise permitted by law, no person shall park a vehicle in a designated metered parking space in excess of the maximum parking time limit set by the City. b) Subsection ( a) of this Section shall not require an operator of a vehicle to deposit payment in a parking meter when:
1) The parking meter indicates an unexpired portion remains of the period for which payment had been previously made; or
2) An officer of the Fire or Police Department has determined a period of emergency exists; or
3) In compliance with the directions of a police officer or traffic control sign or signal; or
4) A posted sign at the parking space indicates words similar to "Except Sunday" or " Except Sundays and Holidays" and the day is a Sunday or a holiday. c) Subsection ( a) of this Section shall not require an operator of a vehicle to deposit payment in a parking meter if the vehicle is lawfully displaying one of the following valid and current decals, placards or plates issued by the California Department of Motor Vehicles:
33 4.F.e
Packet Pg. 674 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) 1) Clean Air or Zero - Emissions Vehicle Decal; or
2) Any Special Recognition Plate.

3. 16. 170 Parking meter zones meter rates and hours of operation. a) Parking rates for parking a vehicle in a designated on- street parking space shall be established and adjusted from time to time to manage the use and occupancy of on- street parking spaces for the public benefit in all parking areas, based on the following process:
1) A target occupancy rate of eighty -five percent is established in order to manage the supply of parking and make it reasonably available when and where needed;
2) At least annually and not more frequently than quarterly, the City shall survey the average occupancy for each parking meter zone or area in the City that has parking meters. Based on the survey results, the City may adjust the parking rates up or down in twenty -five cent ($ 0.25) intervals to seek to achieve the target occupancy rate. The base parking meter rate, and any adjustments to that rate made pursuant to this Chapter, shall become effective upon the programming of the parking meter for that rate. A current schedule of parking meter rates shall be available at the City Clerk's office;
3) The hourly meter rate shall not be less than seventy -five cents or exceed four dollars.
b) This Section does not apply to any off - street public parking lots or other offstreet public parking facilities owned and operated by the City of Santa Monica or the Parking Authority of the City of Santa Monica.
34 4.F.e
Packet Pg. 675 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours)

3. 16. 180 Downtown parking meter zone.

The Downtown Parking Meter Zone shall include all streets or portions of streets within the area generally bounded by Wilshire Boulevard to the north, Lincoln Avenue to the east, Colorado Avenue to the south, and Ocean Avenue to the west, and the area generally bounded by Colorado Avenue to the north, 4th Street to the east, Pico Boulevard to the south, and Ocean Avenue to the west.

3. 16. 190 Beach parking meter zone.

The Beach Parking Meter Zone shall include all streets or portions of streets lying west of Ocean Avenue or Neilson Way, including but not limited to the following: Appian Way, Barnard Way, Seaside Terrace, Moss Terrace, Vicente Terrace, Bay Street, Bicknell Street, Pacific Street, Strand Street, Hollister Avenue, Wadsworth Avenue, Hart Avenue, Fraser Avenue, Ocean Park Boulevard, and Marine Street.

3. 16. 200 Citywide parking meter zone.

The Citywide Parking Meter Zone shall include all streets or portions of streets within the City that are not designated as part of the Downtown Parking Meter Zone or the Beach Parking Meter Zone.

3. 16. 240 Violation— Parking beyond time limit.

No owner or operator shall allow his or her vehicle to be parked beyond the maximum parking time established for any parking meter. No person shall deposit payment in any parking meter for the purpose of parking beyond the maximum legal parking time for the particular parking meter.

3. 16.241 Violation — Failure to remove vehicle within posted time limited period.

Any owner or operator whose vehicle is not removed from a City owned or 35 4.F.e
Packet Pg. 676 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) operated public parking lot where time limits are posted within the posted period is in violation of this section.

3. 16. 250 Violation— Parking where meter indicates time limit is over.

No owner or operator shall allow his or her vehicle to remain parked in any metered parking space beyond expiration of the time for which payment had been deposited.

3. 16. 260 Violation — Parking beyond meter space.

No owner or operator shall allow any portion of his or her vehicle to be parked across any line or marking designating a metered parking space.

3. 16. 270 Violation— Damaging parking meters.

No person shall deface, injure, tamper with, open or willfully break, alter, destroy, or impair the operation of any parking meter..

3. 16. 280 Violation — Slugs.

No person shall deposit or cause to be deposited in any parking meter any slugs, device, metal substance, or other substitute for lawful payment.

3. 16.310 Parking meter permits.

Notwithstanding any other provision of this Code, a person may park a vehicle at designated metered parking spaces in the City without payment, provided that the vehicle has displayed in the manner required by the City a permit authorizing the vehicle to park in the space without payment and the parking meter displays a sign authorizing parking permits at such meter. The areas in which such parking permits may be used and the fees for the issuance of parking permits shall be established by resolution of the City Council.
36 4.F.e
Packet Pg. 677 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) SECTION 38. Santa Monica Municipal Code Section 3. 36.280 shall be amended as follows:

3. 36.280 Regulation of City -owned parking structures. a) No person may be present in a City -owned parking structure unless he or she is engaged in one of the following activities or accompanying someone who is so engaged;
1) Parking or unparking a vehicle or riding in a vehicle which is being parked or unparked;
2) Departing from after parking, or returning to, for unparking, a vehicle which is parked in the parking structure;
3) Using or going to or from public restroom facilities located in the parking structure;
4) Authorized by the City of Santa Monica to be present. b) Any person violating subsection ( a) of this Section shall be guilty of a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both fine and imprisonment; or shall be guilty of an infraction, which shall be punishable by a fine of not less than one hundred dollars but not more than two hundred fifty dollars.
c) The term " City -owned parking structures" means the following structures, excepting retail or commercial space:
1) Structure No. 1, located at 1234 4th Street, Santa Monica; 2) Structure No. 2, located at 1235 2nd Street, Santa Monica; WA

4.F.e
Packet Pg. 678 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) 3) Structure No. 3, located at 1320 4th Street, Santa Monica; 4) Structure No. 4, located at 1321 2nd Street, Santa Monica; 5) Structure No. 5, located at 1440 4th Street, Santa Monica; 6) Structure No. 6, located at 1431 2nd Street, Santa Monica; 7) Structure No. 7, located in the 1500 block of 4th Street, Santa Monica; 8) Structure No. 8, located in the 1500 block of 2nd Street, Santa Monica; 9) Structure No. 9, located in the 1100 block of 4th Street, Santa Monica; 10) Structure No. 10, located in the 1100 block of 3rd Street, Santa Monica; 11) The Ken Edwards Center parking structure, located at 1527 4th Street, Santa Monica;
12) Main Library Parking Structure, located at 601 Santa Monica Boulevard, Santa Monica;
13) Civic Center Parking Structure, located at 333 Olympic Drive, Santa Monica.

SECTION 39. Resolution No. 6102 ( CCS), A Resolution Of The City Council Of The City Of Santa Monica Setting Forth The Fees To Be Charged For Loading And Limited Parking Zones, adopted on October 14, 1980, is hereby repealed.

SECTION 40. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

I:3

4.F.e
Packet Pg. 679 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) SECTION 41. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 42. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:

MA HA JO S MOUT IE
City Attorney
KE

4.F.e
Packet Pg. 680 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) Approved and adopted this 24th day of July, 2012.
7-
Ri lard Bloom, Mayor
State of California )
County of Los Angeles ) ss.

City of Santa Monica )
f, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2403 (CCS) had its introduction on July 10, 2012, and was adopted at the Santa Monica City Council meeting held on July 24, 2012, by the following vote:

Ayes: Council members: Holbrook, McKeown, O' Connor, O' Day, Mayor Pro Tern Davis, Mayor Bloom
Noes: Council members: None

Absent: Council members: Shriver
A summary of Ordinance No. 2403 ( CCS) was duly published pursuant to California Government Code Section 40806.

ATTEST:

Maria M. Stewart, City CI rk

4.F.e
Packet Pg. 681 Attachment: Exhibit E -O2403 (7691 : Ordinance Change for Beach Lot Operating Hours) City Council Meeting: March 8, 2022 Santa Monica, California ORDINANCE NUMBER 2696 ( CCS)
City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 3.04.030 TO AUTHORIZE

THE CITY MANAGER TO ESTABLISH HOURS OF OPERATION FOR THE SANTA

MONICA PIER PARKING DECK LOT
WHEREAS, in response to the Covid-19 pandemic, the parking lot on the Santa Monica Pier (Lot) has been closed to the public since mid-March 2020, and during the closure the City temporarily repurposed the Lot to support expanded outdoor dining, additional open space, and enhanced physical distancing; and where other portions of the Lot have also been closed to accommodate a pier substructure and decking replacement project currently estimated to be completed by Memorial Day 2022; and WHEREAS, upon reopening the Pier Lot to the public, the Lot will need hours of operations that will coincide with temporary overnight closure of the Pier and any modified schedule concurrent with safety and security ordinances, emergency orders, and periodic maintenance and cleaning schedules; and
WHEREAS, to enforce hours of operation and ensure timely daily closures, an amendment to SMMC Section 3.04.030 is needed to allow the removal of illegally parked vehicles from the Lot.

DocuSign Envelope ID: 3645251C- A3E7-4000-82EF-62AC98B3BB80

4.F.f
Packet Pg. 682 Attachment: Exhibit F -O2696 (7691 : Ordinance Change for Beach Lot Operating Hours)

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

Section 1. Santa Monica Municipal Code Section 3.04.030 is hereby amended as follows:

3.04.030 Beach parking lot parking permits.
a) No person shall park or leave standing any vehicle in any beach parking lot, except the Santa Monica Pier Deck Parking Lot, Parking Lot 1N, and the Beach House for any period between sunset and sunrise of the next succeeding day, without a valid parking permit.
b) Beach parking lot parking permits authorizing parking during times when it would otherwise be prohibited may be issued as follows:
1) To a City resident living in a designated permit area and to a resident’s guest for up to one year;
2) To a member of the public participating in or attending a regional event within the City, if the City Council determines by resolution that issuing parking permits or parking receipts for beach parking lots will further the City’s interests by facilitating the event.
c) The City Manager or designee shall establish hours of operation for the Santa Monica Pier Deck Parking Lot.

DocuSign Envelope ID: 3645251C- A3E7-4000-82EF-62AC98B3BB80

4.F.f
Packet Pg. 683 Attachment: Exhibit F -O2696 (7691 : Ordinance Change for Beach Lot Operating Hours) d) No person shall park or leave standing any vehicle in the Santa Monica Pier Deck Parking Lot during times when it is prohibited pursuant to subsection ( c) or without a valid parking permit.

Section 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

Section 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall take effect 30 days from its adoption.

APPROVED AS TO FORM:

JOSEPH LAWRENCE
Interim City Attorney
DocuSign Envelope ID: 3645251C- A3E7-4000-82EF-62AC98B3BB80

4.F.f
Packet Pg. 684 Attachment: Exhibit F -O2696 (7691 : Ordinance Change for Beach Lot Operating Hours) Approved and adopted this 8th day of March, 2022.

Sue Himmelrich, Mayor
State of California )
County of Los Angeles ) ss.

City of Santa Monica )
I, Denise Anderson- Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2696 (CCS) had its introduction on February 22, 2022 and was adopted at the Santa Monica City Council meeting held on March 8, 2022, by the following vote:

AYES: Councilmembers Brock, Davis, de la Torre, Negrete, Parra, Mayor Himmelrich, Mayor Pro Tem McCowan
NOES: None
ABSENT: None
ATTEST:

Denise Anderson- Warren, City Clerk Date
A summary of Ordinance No. 2696 ( CCS) was duly published pursuant to California Government Code Section 40806.

DocuSign Envelope ID: 3645251C- A3E7-4000-82EF-62AC98B3BB80 3/ 18/ 2022

4.F.f
Packet Pg. 685 Attachment: Exhibit F -O2696 (7691 : Ordinance Change for Beach Lot Operating Hours) Notes Date Sunrise Sunset
End of
Civil
Twilight
(fully
dark)
Old
Closure
Time
Minutes of
Darkness
before
closure
Minutes of
Light after
Closure
Proposed
Closure
Time
Minutes of
Darkness
before
closure
Minutes of
Light after
Closure
01/01/27 6:58 AM 4:54 PM 5:22 PM 6:00 PM 38 0 7:00 PM 98 002/01/27 6:50 AM 5:23 PM 5:49 PM 6:00 PM 11 0 7:00 PM 71 003/01/27 6:21 AM 5:49 PM 6:14 PM 6:00 PM 0 14 7:00 PM 46 0 Day Before Time Change 03/13/27 6:06 AM 5:59 PM 6:24 PM 6:00 PM 0 24 7:00 PM 36 0 Daylight Saving Time Change / Proposed Time Change Day 03/14/27 7:04 AM 6:59 PM 7:24 PM 6:00 PM 0 84 9:00 PM 96 0 Previous Parking Lot Closure Hours Change 04/01/27 6:40 AM 7:13 PM 7:39 PM 8:00 PM 21 0 9:00 PM 81 0 05/01/27 6:03 AM 7:36 PM 8:03 PM 8:00 PM 0 3 9:00 PM 57 0 06/01/27 5:42 AM 7:59 PM 8:28 PM 8:00 PM 0 28 9:00 PM 32 0 Longest Day of the Year 06/21/27 5:42 AM 8:07 PM 8:36 PM 8:00 PM 0 36 9:00 PM 24 0 07/01/27 5:45 AM 8:08 PM 8:37 PM 8:00 PM 0 37 9:00 PM 23 0 08/01/27 6:04 AM 7:53 PM 8:21 PM 8:00 PM 0 21 9:00 PM 39 0 09/01/27 6:36 AM 7:18 PM 7:44 PM 8:00 PM 16 0 9:00 PM 76 010/01/27 6:47 AM 6:37 PM 7:02 PM 8:00 PM 58 0 9:00 PM 118 0 Previous Parking Lot Closure Hours Change 11/01/27 7:12 AM 6:00 PM 6:26 PM 6:00 PM 0 26 9:00 PM 154 0 Day Before Time Change 11/06/27 7:17 AM 5:55 PM 6:21 PM 6:00 PM 0 21 9:00 PM 159 0Daylight Saving Time Change / Proposed Time Change Day 11/07/27 6:18 AM 4:54 PM 5:21 PM 6:00 PM 39 0 7:00 PM 99 0 12/01/27 6:40 AM 4:43 PM 5:10 PM 6:00 PM 50 0 7:00 PM 110 0 Shortest Day of the Year 12/21/27 6:54 AM 4:47 PM 5:15 PM 6:00 PM 45 0 7:00 PM 105 0 Minutes of Darkness Before Closure (Old Closure Time vs. New Closure Time, 2027) Old Closure Time Proposed Closure Time
Daylight Saving Time Regular TimeRegular Time

4.F.g
Packet Pg. 686
Attachment: Exhibit H -Beach Hours Sunlight Graph (7691 : Ordinance Change for Beach Lot Operating 1 City Council Meeting: June 9, 2026 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 3.04.030 TO ESTABLISH DEFINED BEACH PARKING LOT

OPERATING HOURS
WHEREAS, in 1978, 2012, and 2022, the City adopted and amended ordinances establishing the following: (1) parking permits for beach parking lots; (2) permit requirements during prohibited parking hours; (3) general prohibited parking hours as 3:00 AM to 6:00 AM; and (4) specific prohibited parking hours at 2600 Beach Parking as sunset to sunrise; and
WHEREAS, current beach lot operating hours are 6:00 AM to 6:00 PM (6:00 AM to 8:00 PM during the summer / daylight saving time) in an effort to meet the sunrise to sunset hours while only changing closing times twice a year except for Santa Monica Pier Deck Parking Lot, Parking Lot 1N, and the Annenberg Beach House Parking Lot; and WHEREAS, City staff regularly fields comments from the public stating that the closure hours at the City’s beach parking lots do not allow time to park and watch the sunset; and
WHEREAS, the current hours create several times of the year when the beach parking lots are closed before sunset, during daylight; and WHEREAS, the City desires to create a closing time at Parking Lot 1S that is closely aligned with the closure times of the adjacent Pier businesses and Ocean Front Walk businesses.

4.F.h
Packet Pg. 687 Attachment: DOT-ORD-Beach Parking Lot Hours Amendment 06.09.2026 [Revision 1] (7691 : Ordinance Change for Beach Lot Operating Hours) 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Santa Monica Municipal Code Section 3.04.030 is hereby amended as follows:

3.04.030 Beach parking lot hours and parking permits.
(a) No person shall park or leave standing any vehicle in any beach parking lot for any period between 7:00 p.m. and 6:00 a.m., or 9:00 p.m. and 6:00 a.m. during daylight saving time, without a vaild parking permit, except that hours for the Santa Monica Pier Deck Parking Lot, Parking Lot 1N, Parking Lot 1S, and the Annenberg Beach House Parking Lot shall be established by the City Manager or designee in accordance with paragraph (c), below for any period between sunset and sunrise of the next succeeding day, without a valid parking permit.
(b) Beach parking lot parking permits authorizing parking during times when it would otherwise be prohibited may be issued as follows:
(1) To a City resident living in a designated permit area and to a resident's guest for up to one year;
(2) To a member of the public participating in or attending a regional event within the City, if the City Council determines by resolution that issuing parking permits or parking receipts for beach parking lots will further the City's interests by facilitating the event.
(c) The City Manager or designee shall establish hours of operation for the Santa Monica Pier Deck Parking Lot, Parking Lot 1N, Parking Lot 1S, and the Annenberg Beach House Parking Lot.

4.F.h
Packet Pg. 688 Attachment: DOT-ORD-Beach Parking Lot Hours Amendment 06.09.2026 [Revision 1] (7691 : Ordinance Change for Beach Lot Operating Hours) 3 (d) No person shall park or leave standing any vehicle in the Santa Monica Pier Deck Parking Lot during times when it is prohibited pursuant to subsection (c) or without a valid parking permit.

SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

APPROVED AS TO FORM:
_________________________

HEIDI VON TONGELN
City Attorney

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Packet Pg. 689 Attachment: DOT-ORD-Beach Parking Lot Hours Amendment 06.09.2026 [Revision 1] (7691 : Ordinance Change for Beach Lot Operating Hours) City Council
Report
City Council Meeting: June 9, 2026
Agenda Item: 4.G
1 of 5
To: Mayor and City Council
From: Christopher Dishlip, Director of Public Works, Architecture Services Division Subject: Approval of First Modification to Agreement #11521 with RAMCO General Engineering Contractors, Inc. for Construction Services for the 7th Street Fencing Upgrade and Activation Project
Recommended Action
Staff recommends that City Council:

1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities), 15302 (Replacement/Reconstruction), 15304 (Minor Alterations to Land), and 15311 (Accessory Structures) of the CEQA Guidelines; and

2. Authorize the City Manager to execute a first modification to agreement #11521 (CCS) in the amount of $526,355 with RAMCO General Engineering Contractors, Inc. for construction services for the 7th Street Fencing Upgrade and Activation Project for the Public Works Department. This will result in an amended agreement with a new total amount not to exceed $2,511,355 with future funding contingent on Council budget approval.

Summary
The City of Santa Monica (City) 7th Street Fencing Upgrade and Activation Project (Project) delivers capital improvements to the Santa Monica Department of Transportation (SMDOT) campus located at 1620 6th Street. The Project includes fencing upgrades to adequately secure facilities including the City’s fueling station at Olympic and Fifth; site activation elements through the conversion of an underutilized twelve-foot landscape buffer along the west side of 7th Street into dog exercise areas, bus stop improvements, and associated infrastructure improvements. On December 12, 2023, City Council awarded a construction contract to RAMCO General Engineering Contractors, Inc. in an amount not to exceed $1,985,000.

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During construction, staff identified additional related improvements necessary to address operational requirements, enhance site security, improve coordination with adjacent transit-support infrastructure, and ensure the long-term functionality and maintainability of the facility. The additional work includes security, landscaping, access, facility integration, and transit-support improvements associated with the original project objectives. Staff recommends approval of a contract modification with RAMCO General Engineering Contractors, Inc. for the Project in the amount of $526,355, resulting in a revised total contract amount not to exceed $2,511,355.

Discussion
The City of Santa Monica’s Department of Transportation (SMDOT) property located at 1620 6th Street is bounded by 5th Street to the west, Colorado Avenue to the north, 7th Street to the east, and Olympic Boulevard to the south. The site contains the Big Blue Bus (BBB) administration building, maintenance facilities, staff and bus parking, and fueling stations. The site includes a major BBB bus stop that provides regional connectivity via Route 7 and Rapid 7 and is adjacent to the Downtown Santa Monica’s Expo light rail station. The SMDOT property and its immediate vicinity fall within the Transit Adjacent land-use district designated in the City’s Downtown Community Plan.

The original Project scope included replacement of the SMDOT property fencing along the west side of 7th Street north of Olympic Boulevard, which was at the end of its useful life and required removal and replacement. The original scope also included new fencing with motorized vehicular access gates for security and a pedestrian access gate for maintenance at the fueling station located at the northeast corner of 5th Street and Olympic Boulevard, which had experienced recurring vandalism. Further, in support of the Downtown Community Plan vision for vibrant, publicly accessible open spaces and amenities to meet the growing needs of the Downtown neighborhood, the project converted the underutilized twelve-foot landscape buffer along the west side of 7th Street into open green space designed for dog exercise. These project improvements deliver significant enhancements to the SMDOT campus and help ensure City facilities are adequately maintained and secured.

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During construction, additional improvements have been identified to address operational needs, improve security, and coordinate with City initiatives. These improvements include:
• Installation of additional camera and security infrastructure within the SMDOT campus to enhance facility safety;
• Additional modification of parkway landscaping and irrigation to improve site conditions;
• Additional painting of the Maintenance Building to address facility upkeep and extend the useful life of existing structures;
• Modification to the 5
th Street fueling station gate to accommodate existing site conditions and to improve access, circulation, and operational efficiency; and • Construction of additional BBB bus stop shade structures within the project corridor would support transit operations and improve the rider experience.

The additional work identified during construction is directly related to the original project objectives for site security, transit-support infrastructure, landscaping, public interface improvements, and operational functionality associated with the SMDOT campus and adjacent transit corridor. The improvements are of a similar construction character and continue the originally approved transit-support and public interface elements contemplated under the Project. Staff determined that completing the work under the existing construction contract would maintain continuity of construction activities, minimize disruption to ongoing operations, and avoid additional remobilization costs.

Environmental Review
The contraction modification for the 7th Street Fencing and Upgrade project is categorically exempt from CEQA pursuant to Sections 15301 (Existing Facilities), 15302 (Replacement/Reconstruction), 15304 (Minor Alterations to Land), and 15311 (Accessory Structures) of the CEQA Guidelines. The additional work consists of minor modifications and improvements including replacement of small structures to an existing public facility and would not result in an expansion of use or significant environmental impacts. Therefore, the project is exempt from CEQA.

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Past Council Actions
Meeting Date Description
12/12/2023
(Attachment A)
Awarded construction contract to RAMCO General
Engineering Contractor for the 7th Street Fencing Upgrade and Activation Project
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Big Blue Bus Fund to increase the amount of agreement #11521 with RAMCO General Engineering Contractor for additional construction services for the 7th Street Fencing Upgrade and Activation Project.

Agreement
#
Current
Authorized
Amount
FY 2025-26
Request
Amount
CIP Account # Total Revised
Contract Amount
11521
$1,985,000 $ 93,034 C6004830.689000 $2,078,034
$214,295 C6004910.689000 $214,295
$44,438 C6007380.689000 $44,438
$174,588 C6004780.689000 $174,588
Total $1,985,000 $526,355 $2,511,355
Future year funding is contingent on Council budget approval.

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Prepared By: Brian Ochoa, CIP Project Manager
Approved Forwarded to Council
Attachments:

A. December 12, 2023 Staff Report (web link)
B. RAMCO - FTA_Construction_Contract_- EXECUTED
C. RAMCO - Californina_Levine_Act_Disclosure
D. RAMCO - Oaks_Initiavire_Disclosure_Form

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Packet Pg. 694
Contract No. 11521 (CCS)
SP2577

FEDERALLY FUNDED CONSTRUCTION CONTRACT
by and between
City of Santa Monica
and
RAMCO General Engineering Contractors, Inc.
7th Street Fencing Upgrade and Activation Project
SP2577
DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 695 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Contract No. 11521 (CCS)
SP2577
Public Works | Contract Construction | December 2023 CC-i

TABLE OF CONTENTS
SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS............................... 1 SECTION 2 THE PROJECT............................................................................................. 2 SECTION 3 THE CONTRACT DOCUMENTS.................................................................. 2 SECTION 4 THE WORK. ................................................................................................. 2 SECTION 5 PROJECT TEAM.......................................................................................... 2 SECTION 6 TIME OF COMPLETION. ............................................................................. 3 SECTION 7 COMPENSATION TO CONTRACTOR. ....................................................... 4 SECTION 8 STANDARD OF CARE. ................................................................................ 6 SECTION 9 INDEMNIFICATION...................................................................................... 6 SECTION 10 COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS.................... 7 SECTION 11 INSURANCE AND BONDS. ......................................................................... 7 SECTION 12 PROHIBITION AGAINST TRANSFERS. ...................................................... 7 SECTION 13 NOTICES...................................................................................................... 8 SECTION 14 DISPUTE RESOLUTION.............................................................................. 9 SECTION 15 DEFAULT. ...................................................................................................12 SECTION 16 CITY'S RIGHTS AND REMEDIES...............................................................12 SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES..............................................16 SECTION 18 ACCOUNTING RECORDS..........................................................................17 SECTION 19 INDEPENDENT PARTIES...........................................................................17 SECTION 20 NUISANCE. .................................................................................................17 SECTION 21 PERMITS AND LICENSES. ........................................................................18 SECTION 22 WAIVER. .....................................................................................................18 SECTION 23 CONFLICTS WITH THE CONSTRUCTION CONTRACT. ..........................18 SECTION 24 GOVERNING LAW......................................................................................18 SECTION 25 COMPLETE AGREEMENT. ........................................................................18 SECTION 26 SURVIVAL OF CONTRACT. .......................................................................18 SECTION 27 ADDITIONAL CONTRACT REQUIREMENTS.............................................18 SECTION 28 SANTA MONICA LIVING WAGE ORDINANCE. .........................................19 SECTION 29 SANTA MONICA OAKS INITIATIVE NOTICE.............................................19 SECTION 30 PUBLIC WORKS CONTRACTOR REGISTRATION PROGrAM- SB 854. ..20 SECTION 31 LABOR ENFORCEMENT TASK FORCE. ...................................................20 SECTION 32 GOVERNMENTAL POWERS......................................................................21 SECTION 33 SEVERABILITY. ..........................................................................................21 SECTION 34 FEDERAL TRANSIT ADMINISTRATION. ...................................................21 SECTION 35 DISADVANTAGED BUSINESS ENTERPRISE ...........................................21 SECTION 36 EXHIBITS. ...................................................................................................21 SECTION 37 COUNTERPART SIGNATURES. ................................................................22 DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 696 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Contract No. 11521 (CCS)
SP2577
Public Works | Construction Contract | December 2023 CC-1

CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT entered into on _____________ (“Execution Date”) by and between the CITY OF SANTA MONICA, a California municipal corporation ("City"), and RAMCO General Engineering Contractors, Inc. ("Contractor"), is made with reference to the following:

R E C I T A L S:

A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City.

B. Contractor is a Corporation duly organized and in good standing in the State of California, License Number 886077. Contractor represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract.

C. On September 12, 2023, City issued a Notice Inviting Bids to contractors for the Federally Funded 7th Street Fencing Upgrade and Activation Project, SP2577.

A copy of City’s Notice Inviting Bids is attached hereto as Exhibit 1 and incorporated by reference. In response to City’s Notice Inviting Bids, Contractor submitted its Bid. A copy of Contractor’s Bid is attached hereto as Exhibit 2 and incorporated herein by reference. Also attached hereto and incorporated by reference are the General Conditions (Exhibit 3), Special Provisions and/or Technical Specifications (Exhibit 4), Payment and Performance Bonds (Exhibit 5), Insurance Requirements (Exhibit 6), Oaks Initiative Disclosure (Exhibit 7), Living Wage Certification (Exhibit 8), Prevailing Wage Acknowledgement (Exhibit 9), Federal Prevailing Wage Rates (Exhibit 10), Federal Special Provisions FTA Requirements (Exhibit 11), and Levine Act Disclosure (Exhibit 12).

D. City and Contractor desire to enter into this Construction Contract for the Federally Funded 7th Street Fencing Upgrade and Activation Project, SP2577, and other services as identified in the Bid Documents for the Federally Funded 7th Street Fencing Upgrade and Activation Project, SP2577 upon the following terms and conditions.

NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows:

SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS.

1.1 Recitals.

All of the recitals are incorporated herein by reference.

1.2 Definitions.

Capitalized terms shall have the meanings set forth in this Construction Contract and/or DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2 3/27/2024

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Packet Pg. 697 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Contract No. 11521 (CCS)
SP2577
Public Works | Construction Contract | December 2023 CC-2 in the General Conditions. If there is a conflict between the definitions in this Construction Contract and in the General Conditions, the definitions in this Construction Contract shall prevail.

SECTION 2 THE PROJECT.

The Project is the construction of the 7th Street Fencing Upgrade and Activation Project, SP2577 (a Federally Funded Project) ("Project").

SECTION 3 THE CONTRACT DOCUMENTS.

The Contract Documents consist of the following collection of documents:
(i) Notice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and PreQualification Checklist (if applicable). (ii) Executed Construction Contract between City and Contractor. (iii) Notice Inviting Bids.
(iv) Instructions to Bidders
(v) Bidding Addenda.
(vi) Contractor's Bid.
(vii) General Conditions.
(viii) Special Provisions and Technical Specifications. (ix) Performance and Payment Bonds.
(x) Insurance Forms.
(xi) Plans and Drawings.
(xii) Reports listed in the Bidding Documents.
(xiii) Supplements, Attachments, and Exhibits attached to the above items. (xiv) Modifications.
(xv) Change Orders.
(xvi) Field Orders.

SECTION 4 THE WORK.

The Work includes all labor, materials, equipment, services, permits, licenses and taxes, and all other things necessary for Contractor to perform its obligations and complete the Project, including, without limitation, any Changes requested by City, in accordance with the Contract Documents and all Applicable Code Requirements.

SECTION 5 PROJECT TEAM.

In addition to Contractor, City has retained, or may retain, consultants and contractors to provide professional and technical consultation for the design and construction of the Project. The Project requires that Contractor operate efficiently, effectively and cooperatively with City as well as all other members of the Project Team.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 698 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Contract No. 11521 (CCS)
SP2577
Public Works | Construction Contract | December 2023 CC-3 SECTION 6 TIME OF COMPLETION.

6.1 Time Is of Essence.

Time is of the essence with respect to all time limits set forth in the Contract Documents.

6.2 Commencement of Work.

Contractor shall commence the Work on the date specified in City’s Notice to Proceed.

6.3 Contract Time.

Contractor shall diligently prosecute the Work to Substantial Completion within 180 Calendar Days after the date specified in City’s Notice to Proceed.

6.4 Liquidated Damages.

6.4.1 Entitlement.

City and Contractor acknowledge and agree that if Contractor fails to fully and satisfactorily complete the Work within the Contract Time, City will suffer, as a result of Contractor’s failure, substantial damages which are both extremely difficult and impracticable to ascertain. Such damages may include, but are not limited to:
(i) Loss of public confidence in City and its contractors and consultants. (ii) Loss of public use of public facilities.
(iii) Extended disruption to public.

6.4.2 Daily Amount.

City and Contractor have reasonably endeavored, but failed, to ascertain the precise amount relationship to the actual damage that City will incur if Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time.

Therefore, the parties agree that in addition to all other damages to which City may be entitled other than delay damages, in the event Contractor shall fail to achieve Substantial Completion of the entire Work within the Contract Time, Contractor shall pay City as liquidated damages the amount of $770 per day for each Day occurring after the expiration of the Contract Time until Contractor achieves Substantial Completion of the entire Work. The liquidated damages amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer.

6.4.3 Apportionment.

Such liquidated damages shall be subject to apportionment for delays to Substantial Completion for which Contractor is entitled to receive an extension of time under the Contract Documents. Such apportionment shall not be affected by the fact that liquidated damages may not be capable of apportionment for other periods of time during which there have occurred delays concurrently caused by both City and Contractor. It being the Contractor’s obligation to have the entire Work Substantially Completed within the Contract Time, it is agreed that such liquidated damages shall not be apportioned for portions of the Work completed prior to expiration of the Contract Time.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 699 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Contract No. 11521 (CCS)
SP2577
Public Works | Construction Contract | December 2023 CC-4

6.4.4 Exclusive Remedy.

City and Contractor acknowledge and agree that this liquidated damages provision shall be City’s only remedy for delay damages caused by Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time.

6.4.5 Damages upon Abandonment.

In the event that Contractor either abandons the Work or is terminated for default in accordance with the provisions of Section 16 of this Construction Contract, City shall have the right, in its sole discretion exercised by written notice issued either before or after Substantial Completion, to elect to either assert or waive its right to liquidated damages under this Paragraph 6.4.
.1 If City elects to assert its right to liquidated damages, then the liquidated damages shall be calculated from expiration of the Contract Time to the date that Substantial Completion of the Work is achieved by City or its replacement contractor employed to complete Contractor's performance. .2 If City elects to waive its right to liquidated damages, then Contractor shall be liable to City, in lieu of the liquidated damages provided for in this Paragraph 6.4, for all actual Losses proximately resulting from Contractor's failure to complete the Work within the Contract Time.

6.4.6 Other Remedies.

The parties further acknowledge and agree that City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time.

6.5 Adjustments to Contract Time.

The Contract Time may only be adjusted for time extensions approved by City and agreed to by Change Order executed by City and Contractor in accordance with the requirements of the Contract Documents.

SECTION 7 COMPENSATION TO CONTRACTOR.

7.1 Contract Sum.

Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents the Contract Sum of One Million Nine Hundred EightyFour Thousand Four Hundred Ninety-Six Dollars and 50/100 Cents ($1,984,496.50).

7.2 Full Compensation.

The Contract Sum shall be full compensation for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all Losses arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred due to suspension or discontinuance of the Work. The Contract Sum may only be adjusted for Change Orders issued, executed and satisfactorily performed in accordance with the requirements of the Contract Documents.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 700 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Contract No. 11521 (CCS)
SP2577
Public Works | Construction Contract | December 2023 CC-5

7.3 Compensation for Extra or Deleted Work.

The Contract Sum shall be adjusted (either by addition or credit) for Changes in the Work involving Extra Work or Deleted Work on the basis of both of the following:
(i) The sum of Allowable Costs as defined in Paragraph 7.2.5 of the General Conditions to be added (for Extra Work) or credited (for Deleted Work) and (ii) An additional sum (for Extra Work) or deductive credit (for Deleted Work) based on Contractor Markup and Subcontractor/Sub-subcontractor Markups allowable pursuant to this Section 7.3.

Contractor Markup and Subcontractor/Sub-subcontractor Markups set forth herein are the full amount of compensation to be added for Extra Work or to be subtracted for Deleted Work that is attributable to overhead (direct and indirect) and profit of Contractor and of its Subcontractors and Sub-subcontractors, of every Tier. Contractor Markup and Subcontractor/Sub-subcontractor Markups, which shall not be compounded, shall be computed as follows:

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 701 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Contract No. 11521 (CCS)
SP2577
Public Works | Construction Contract | December 2023 CC-6

7.3.1 Self-Performed Work.

Fifteen percent (15%) of the Allowable Costs for that portion of the Extra Work or Deleted Work to be performed by Contractor with its own forces.

7.3.2 Subcontractors.
15% of the Allowable Costs for that portion of the Extra Work or Deleted Work to be performed by a first Tier Subcontractor with its own forces, plus 2.5% thereon for Contractor Markup.

7.3.3 Sub-subcontractors.
15% of the Allowable Costs of that portion of the Work to be performed by Subsubcontractors of the second and lower Tier with their own forces, plus 2.5% thereon for the Subcontractor, plus 2.5% on the combined total thereof for Contractor Markup.

SECTION 8 STANDARD OF CARE.

Contractor agrees that the Work shall be performed by qualified, experienced and well-supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope and complexity of the Project.

SECTION 9 INDEMNIFICATION.

9.1 Hold Harmless.

To the fullest extent allowed by law, Contractor hereby agrees to defend, indemnify, and hold harmless City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and all Losses arising directly or indirectly from, or in any manner relating to any of, the following:
(i) Performance or nonperformance of the Work by Contractor or its Subcontractors or Sub-subcontractors, of any Tier;
(ii) Performance or nonperformance by Contractor or its Subcontractors or Subsubcontractors, of any Tier, of any of the obligations under the Contract Documents;
(iii) The construction activities of Contractor or its Subcontractors or Subsubcontractors, of any Tier, either on the Site or on other properties; (iv) The payment or nonpayment by Contractor of any of its Subcontractors or Subsubcontractors, of any Tier, for Work performed on or off the Site for the Project; and
DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 702 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Contract No. 11521 (CCS)
SP2577
Public Works | Construction Contract | December 2023 CC-7 (v) Any personal injury, property damage or economic loss to third persons associated with the performance or nonperformance by Contractor or its Subcontractors or Sub-subcontractors, of any Tier, of the Work.

However, nothing contained herein shall be construed as obligating Contractor to indemnify any Indemnitee for Losses resulting from the sole or active negligence or willful misconduct of the Indemnitee. Contractor shall pay City for any costs incurred in enforcing this provision. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee.

9.2 Survival.

The provisions of Section 9 shall survive the termination of this Construction Contract.

SECTION 10 COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS.

This Project constitutes "public works" within the meaning of California Labor Code section 1720 and is subject to the prevailing wage laws. Contractor agrees to be subject to and comply with all applicable federal, state and municipal laws, codes, ordinances and regulations governing the Work, including, but not limited to:
(i) The applicable provisions of the California Labor Code; (ii) Chapter 7.28, Prevailing Wage and Apprenticeship Law, of the Santa Monica Municipal Code;
(iii) Chapter 4.65, Living Wage Ordinance, of the Santa Monica Municipal Code; and (iv) Oaks Initiative requirements.

SECTION 11 INSURANCE AND BONDS.

Prior to the commencement of any Work, Contractor shall provide City with evidence that it has obtained insurance and Performance and Payment Bonds satisfying all requirements in Article 11 of the General Conditions. Failure to do so shall be deemed a material breach of this Construction Contract.

SECTION 12 PROHIBITION AGAINST TRANSFERS.

City is entering into this Construction Contract based upon the stated experience and qualifications set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent shall be null and void.

For purposes of applying the provisions of this Section, the sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if a partnership or joint venture or syndicate or co-tenancy exists, which shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 703 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Contract No. 11521 (CCS)
SP2577
Public Works | Construction Contract | December 2023 CC-8 SECTION 13 NOTICES.

13.1 Method of Notice.

Except as provided in Section 13.2 below, all notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and conclusively shall be deemed served on the earlier of the following:
(i) On the date delivered if delivered personally;
(ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; or (iv) On the date it is accepted or rejected if sent by certified mail.

13.2 Notice Recipients.

All notices, demands or requests (including, without limitation, Claims) from Contractor to City shall include the 7th Street Fencing Upgrade and Activation Project, SP2577 and the number of this Construction Contract and shall be addressed to City at:

City of Santa Monica, Public Works, Architecture Services Division 1685 Main Street, Mail Stop #15
Santa Monica, California 90401
Attention: Brian Ochoa, Project Manager
Re: 7th Street Fencing Upgrade and Activation Project, 11521 (CCS)

In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following:

Santa Monica City Attorney Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: 7th Street Fencing Upgrade and Activation Project, 11521 (CCS) All Claims shall be delivered personally or sent by certified mail.

All notices, demands, requests or approvals from City to Contractor shall be addressed to:

RAMCO General Engineering Contractors, Inc.

P.O. Box 920878
Sylmar, CA 91392
Attention: Emilio Ramirez
Re: 7th Street Fencing Upgrade and Activation Project, 11521 (CCS)

13.3 Change of Address.

In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may, by written notice only, add, delete or replace any listed individuals.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 704 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Contract No. 11521 (CCS)
SP2577
Public Works | Construction Contract | December 2023 CC-9 SECTION 14 DISPUTE RESOLUTION.

14.1 Resolution of Contract Disputes.

Contractor Claims (as defined by Public Contract Code Section 9204(c)) and General Conditions Section 1.1.18 shall be resolved by the parties in accordance with General Conditions Section 4.2 and applicable law. The procedures set forth in General Conditions Section 4.2 shall be the exclusive recourse of Contractor for such claims.

14.2 Resolution of Other Disputes.

14.2.1 Other Disputes.

The definition of Contractor Claims shall not include any of the following:
(i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency (other than relief from damages or penalties for delay assessed by a public entity under a contract for a public works project); (ii) Third party tort claims for personal injury, property damage or death relating to any Work performed by Contractor or its Subcontractors or Subsubcontractors of any Tier; (iii) False claims liability under California Government Code Section 12650, et. seq.;
(iv) Defects in the Work first discovered by City after Final Payment by City to Contractor; or
(vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents or for other City claims against the Contractor.

14.2.2 Litigation, City Election.

Matters that do not constitute Contractor Claims shall be resolved by way of an action filed in the Superior Court of the State of California, County of Los Angeles, West District, and shall not be subject to the Contract Dispute Resolution Process.

However, the City reserves the right, in its sole and absolute discretion, to treat such disputes as Contract Disputes.

Upon written notice by City of its election as provided in the preceding sentence, such dispute shall be submitted by the parties and finally decided pursuant to the Contract Dispute Resolution Process in the manner as required for Contract Disputes, including, without limitation, City’s right under Paragraph 14.4.2 to defer resolution and final determination until after Final Completion of the Work.

14.3 Submission of Contractor Claim.

14.3.1 By Contractor.

Contractor shall submit a written Contractor Claim in accordance with Section 4.2 of the General Conditions.

14.3.2 By City.

City's right to commence the Contract Dispute Resolution Process shall arise at any time following City's actual discovery of the circumstances giving rise to the Contract Dispute. Nothing contained herein shall preclude City from asserting Contract Disputes in response to a Claim asserted by Contractor. A Statement of DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Public Works | Construction Contract | December 2023 CC-10 Contract Dispute submitted by City shall state the events or circumstances giving rise to the Contract Dispute, the dates of their occurrence and the damages or other relief claimed by City as a result of such events.

14.4 Contract Dispute Resolution Process.

The parties shall utilize each of the following steps in the Contract Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Contract Dispute Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the process.

14.4.1 Response by City.

The time periods for the City's response are set forth in General Conditions Section

4.2.6; however, any failure to respond shall be governed by General Condition Section 4.2.9.

14.4.2. Meet and Confer Conference.

If the claimant disputes the City's written response, or if the City fails to respond to a claim issued within the time prescribed in General Conditions Section 4.2, the claimant may demand in writing and an informal conference to meet and confer for settlement of the issue in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

14.4.3 Mediation.
(i) Within ten (10) business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the claimant sharing the associated costs equally.

The City and the claimant shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in writing.

If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 706 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Contract No. 11521 (CCS)
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Public Works | Construction Contract | December 2023 CC-11 obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

14.4.4 Binding Arbitration.

If the Contract Dispute is not resolved by mediation, then the party wishing to further pursue resolution or determination of the Contract Dispute shall submit the Contract Dispute for final and binding arbitration pursuant to the provisions of California Public Contract Code Sections 10240, et seq. The award of the arbitrator therein shall be final and may be entered as a judgment by any court of competent jurisdiction. Such arbitration shall be conducted in accordance with the following:
.1 Arbitration Initiation. The arbitration shall be initiated by filing a complaint in arbitration in accordance with the regulations promulgated pursuant to California Public Contract Code Section 10240.5.
.2 Qualifications of the Arbitrator. The arbitrator shall be selected based by mutual agreement of the parties. The arbitrator shall be a retired judge or an attorney with at least five (5) years of experience with public works construction contract law and in arbitrating public works construction disputes. In addition, the arbitrator shall have at least twenty (20) hours of formal training in arbitration skills. In the event the parties cannot agree upon a mutually acceptable arbitrator, then the provisions of California Public Contract Code Section 10240.3 shall be followed in selecting an arbitrator possessing the qualifications required herein. .3 Hearing Days and Location. Arbitration hearings shall be held at the offices of City and shall, except for good cause shown to and determined by the arbitrator, be conducted on consecutive business days, without interruption or continuance.
.4 Hearing Delays. Arbitration hearings shall not be delayed except upon good cause shown.
.5 Recording Hearings. All hearings to receive evidence shall be recorded by a certified stenographic reporter, with the costs thereof borne equally by City and Contractor and allocated by the arbitrator in the final award. .6 Limitation of Depositions. Discovery shall be permitted in accordance with the provisions of section 10240.11 of the Public Contract Code; provided, however, that depositions shall be limited to both of the following:
(i) Ten (10) percipient witnesses for City and ten (10) percipient witnesses for Contractor and
(ii) Expert witnesses.

Upon a showing of good cause, the arbitrator may increase the number of permitted depositions. An individual who is both percipient and expert shall, for purposes of applying the foregoing numerical limitation only, be deemed an expert. Expert reports shall be exchanged prior to receipt of evidence, in accordance with the direction of the arbitrator, and expert DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Public Works | Construction Contract | December 2023 CC-12 reports (including initial and rebuttal reports) not so submitted shall not be admissible as evidence
.7 Authority of the Arbitrator. The arbitrator shall have the authority to hear dispositive motions and issue interim orders and interim or executory awards.
.8 Waiver of Jury Trial. Contractor and City each voluntarily waives its right to a jury trial with respect to any Contract Dispute that is subject to binding arbitration in accordance with the provisions of this Paragraph 14.4.4.

Contractor shall include this provision for waiver of jury trial, waiving the right to jury trial in any action involving City as a party in its contracts with its Subcontractors who provide any portion of the Work.

14.5 Non-Waiver.

There shall be no waiver of the rights granted pursuant to the Dispute Resolution Process, unless specifically set forth in Public Contract Code Section 9204((f)(1) or (2). Specifically, participation in the Contract Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of City, including, without limitation, any defense based on the assertion that the rights or Claims of Contractor that are the basis of a Contract Dispute were previously waived by Contractor due to failure to comply with the Contract Documents, including, without limitation, Contractor’s failure to comply with any time periods for providing notice of requests for adjustments of the Contract Sum or Contract Time or for submission of Claims or supporting documentation of Claims.

SECTION 15 DEFAULT.

15.1 Notice of Default.

In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract.

15.2 Opportunity to Cure Default.

Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) Days after receipt of written notice. However, if the breach cannot be reasonably cured within such time, Contractor will commence to cure the breach within two (2) Days and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) Days after receipt of such written notice.

SECTION 16 CITY'S RIGHTS AND REMEDIES.

16.1 Remedies Upon Default.

In the event that Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 15, then City may pursue any remedies available under law or equity, including, without limitation, the following:

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16.1.1 Delete Certain Services.

City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto.

16.1.2 Perform and Withhold.

City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto.

16.1.3 Suspend The Construction Contract.

City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work.

16.1.4 Terminate the Construction Contract for Default.

City may terminate all or any part of this Construction Contract for default in accordance with Paragraph 16.4 below, reserving to itself all rights to Losses related thereto.

16.1.5 Invoke the Performance Bond.

City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond.

16.1.6 Additional Provisions.

All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity.

Designation in the Contract Documents of certain breaches as material shall not be construed as implying that other breaches not so designated are not material nor shall such designations be construed as limiting City’s right to terminate the Construction Contract, or the exercise of its other rights or remedies for default, to only material breaches. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated damages and Losses suffered by City.

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16.2 Delays by Sureties.

Without limitation to any of City’s other rights or remedies under the law, City has the right to suspend the performance by Contractor’s sureties in the event of any of the following:
(i) Failure of the sureties to begin Work within a reasonable time in such manner as to insure full compliance with the Construction Contract within the Contract Time; (ii) Abandonment of the Work;
(iii) If at any time City is of the opinion the Work is unnecessarily or unreasonably delayed;
(iv) Willful violation of any terms of the Construction Contract; (v) Failure to perform according to the Contract Documents; or (vi) Failure to follow instructions of City for its completion within the Contract Time.

City will serve notice of such failure upon the sureties and in the event the sureties neglect or refuse to cure the breach within the time specified in such notice, City shall have the power to suspend the performance or any part thereof of the sureties.

16.3 Damages to City.

16.3.1 For Contractor's Default.

City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents.

16.3.2 Compensation for Losses.

In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to withhold monies otherwise payable to Contractor until Final Completion of the Project. If City incurs Losses due to Contractor’s default, then the amount of Losses shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Contractor or its designee upon Final Completion of the Project. If the Losses incurred by City exceed the amount withheld, Contractor shall be liable to City for the difference and shall promptly remit same to City.

16.4 Termination of the Construction Contract for Default.

Without limitation to any of City’s other rights or remedies at law or in equity, and reserving to itself all rights to Losses related thereto, City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 15. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract.

Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein.

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Public Works | Construction Contract | December 2023 CC-15

16.5 Suspension by City for Convenience.

City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time, as City may determine, with such period of suspension to be computed from the date of the written order. Such order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order during the period of Work stoppage. Within the period of the above noted aggregate time, or such extension to that period as is agreed upon by Contractor and City, City shall either cancel the Suspension Order or delete the Work covered by such Suspension Order by issuing a Change Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. The provisions of this Paragraph 16.5 shall not apply if a Suspension Order is not issued by City. A Suspension Order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents.

16.6 Termination Without Cause.

City shall have the option, at its sole discretion and without cause, of terminating this Construction Contract in part or in whole by giving thirty (30) Days written notice to Contractor. Contractor agrees to accept such sums as allowed under this Paragraph 16.6 as its sole and exclusive compensation and waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind.

16.6.1 Compensation.

Following such termination and within forty-five (45) Days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 16.6, City shall pay to Contractor as its sole compensation for performance of the Work the following:
.1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor.
.2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors and Sub-subcontractors for:
(i) Demobilizing and
(ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination in an amount not to exceed the daily sum payable to Contractor for Compensable Delays in Paragraph 6.6 of this Construction Contract.
.3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work.

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16.6.2 Subcontractors.

Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section

16.6. 16.7 Contractor’s Duties Upon Termination.

Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following:
(i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued;
(iii) Provide to City a description, in writing no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract; (iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto.

SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES.

17.1 Contractor’s Remedies.

Contractor may terminate this Construction Contract for cause only upon the occurrence of one of the following:

17.1.1 For Work Stoppage.

The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable.

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17.1.2 For City's Non-Payment.

If City does not make payment of sums that are not in good faith disputed by City and does not cure such default within ninety (90) Days after receipt of notice from Contractor, then upon an additional thirty (30) Days notice to City Contractor may terminate the Construction Contract.

17.2 Damages to Contractor.

In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph16.6 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind.

SECTION 18 ACCOUNTING RECORDS.

18.1 Financial Management and City Access.

Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices consistently applied. City and City's accountants shall be afforded access at all times during normal business hours, to inspect, audit and copy Contractor's records, books, estimates, takeoffs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and Contractor shall preserve these for a period of three (3) years after the later of (i) final payment or (ii) final resolution of all Contract Disputes and other disputes or for such longer period as may be required by law.

18.2 Compliance with City Requests.

Contractor's compliance with any request by City pursuant to this Section18 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. Any failure by Contractor to provide access to its business records for inspection or copying by City shall be specifically enforceable by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony.

SECTION 19 INDEPENDENT PARTIES.

Both parties to this Construction Contract will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth.

SECTION 20 NUISANCE.

Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection with the performance of services under this Construction Contract.

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Public Works | Construction Contract | December 2023 CC-18 SECTION 21 PERMITS AND LICENSES.

Contractor, at its sole expense, shall obtain and maintain during the term of this Construction Contract, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services hereunder, including, but not limited to, a Santa Monica business license.

SECTION 22 WAIVER.

A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

SECTION 23 CONFLICTS WITH THE CONSTRUCTION CONTRACT.

City and Contractor agree that if there is any conflict between the terms of this Construction Contract and the other Contract Documents, this Construction Contract shall control.

SECTION 24 GOVERNING LAW.

This Construction Contract shall be construed in accordance with and governed by the laws of the State of California.

SECTION 25 COMPLETE AGREEMENT.

This Construction Contract represents the full and complete understanding of every kind or nature between the parties with respect to the services set forth in this Construction Contract, and all preliminary negotiations and contracts of whatever kind or nature are merged herein. No verbal agreed or implied covenant shall be held to vary the provisions of this Construction Contract. Any modification of this Construction Contract will be effective only upon written execution signed by both City and Contractor and approved as to form by City Attorney.

SECTION 26 SURVIVAL OF CONTRACT.

The provisions of the Construction Contract which by their nature survive termination of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract.

SECTION 27 ADDITIONAL CONTRACT REQUIREMENTS.

This contract ( does or does not) have special fund(s) involved requiring additional contract requirements, therefore this section ( does or does not) apply.

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Public Works | Construction Contract | December 2023 CC-19 This Contract includes the following source of fund(s) or the City intends to apply to the following source of fund(s) for reimbursement of the expenses associated with the work set forth in this Contract:

Community Development Block Grant (CDBG)
Housing and Urban Development (HUD)
Metropolitan Transportation Authority (MTA)
Other: Federal Transit Administration (FTA)
Therefore, City shall require Contractor to comply with the special fund(s) requirements (Exhibits 10 and 11), as they may be amended from time to time, in addition to all other requirements imposed by City.

SECTION 28 SANTA MONICA LIVING WAGE ORDINANCE.

This contract ( is or is not) subject to the City of Santa Monica’s Living Wage Ordinance.

The City of Santa Monica’s Living Wage Ordinance, Santa Monica Municipal Code Chapter 4.65 (“Living Wage Ordinance”), requires the payment of Minimum Wage for work done on any Contract over a certain threshold to any worker who does not actually work as a manager, supervisor or confidential employee, and who is not required to possess an occupational license.

The established Minimum Wage includes an annual adjustment each July 1st by an amount corresponding to the previous calendar year’s change in the Consumer Price Index for Urban Wage Earners and Clerical Workers in Los Angeles, Riverside and Orange Counties.

If this Contract is subject to such Living Wage Ordinance, then the contractor shall comply with all of its provisions. Failure to comply with the provisions of the Living Wage Ordinance shall be grounds for termination of this Contract. Questions concerning the Living Wage Ordinance may be directed to the City Finance Department at (310) 458-8281.

SECTION 29 SANTA MONICA OAKS INITIATIVE NOTICE.

This contract ( is or is not) subject to the City of Santa Monica’s Oaks Initiative.

Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. It prohibits a public official from receiving specified personal benefits from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. 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.

If this Contract is subject to such Oaks Initiative, then the Contractor shall comply with all of its provisions and disclosures. Failure to comply with the provisions of the Oaks Initiative shall be grounds for termination of this Contract. Questions concerning the Living Wage Ordinance may be directed to the City Finance Department at (310) 458-8281.

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Public Works | Construction Contract | December 2023 CC-20 SECTION 30 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM- SB 854.

In accordance with State of California Senate Bill No. 854 (SB 854):
 No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].  No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.  This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

As of April 1, 2015, contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner (State of California, Division of Labor Standards Enforcement).

Please see the DIR website for complete details and actions. It is the responsibility of the contractor to ensure all DIR requirements and regulations are met and stay current. For more information on Senate Bill No. 854, see http://www.dir.ca.gov/Public-Works/SB854.html.

SECTION 31 LABOR ENFORCEMENT TASK FORCE.

Contractor shall cooperate will all DIR Labor Enforcement Task Force (LETF) onsite investigations, including, without limitation, allowing DIR/LETF investigators onsite, providing access to any and all documents requested by DIR/LETF, and allowing investigators to meet with employees or laborers onsite.

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Public Works | Construction Contract | December 2023 CC-21 SECTION 32 GOVERNMENTAL POWERS.

Nothing in this Agreement shall be deemed directly or indirectly to restrict or to impair in any manner or respect whatsoever any of City's governmental powers or rights or the exercise thereof by City, with respect to the Work or Project.

SECTION 33 SEVERABILITY.

In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.

SECTION 34 FEDERAL TRANSIT ADMINISTRATION.

Contractor is aware that this Agreement is funded, in part, by the FTA. Therefore, the City shall require Contractor to comply with the terms and conditions of any grants used to fund the purchase materials, as they may be amended from time to time, in addition to all other requirements imposed by City. In addition, Contractor shall comply with all requirements of federal law and regulations in connection with the services performed under this Agreement including, but not limited to, all terms and conditions set forth in Exhibit 11.

SECTION 35 DISADVANTAGED BUSINESS ENTERPRISE
Effective March 16, 2022 the City of Santa Monica‘s Department of Transportation (SaMoDOT) FTA overall anticipated level of DBE participation for federal fiscal year FY 2021/2022 through FY 2023/2024 is 0.87% of federal financial assistance. No specific goals are set on a contract by contract basis, however bidders are strongly encouraged to use DBEs/Small Businesses on this contract. The goal is accomplished through the use of race-neutral measures in accordance with 49 CFR, Part 26. The City shall take all necessary steps to ensure non-discrimination in the award of all contracts to meet the objectives of the above-cited regulation. DBE Program requirements are included in Attachment G-4. Race-Neutral DBE Instructions.

SECTION 36 EXHIBITS.

Exhibit 1 – Notice Inviting Bids.

Exhibit 2 – Contractor's Bid.

Exhibit 3 – General Conditions.

Exhibit 4 – Special Provisions and/or Technical Specifications.

Exhibit 5 – Payment and Performance Bonds.

Exhibit 6 – Insurance Requirements.

Exhibit 7 – Oaks Initiative Disclosure.

Exhibit 8 – Living Wage Certification.

Exhibit 9 – Prevailing Wage Acknowledgement.

Exhibit 10 – Federal Prevailing Wage Rates.

Exhibit 11 – FTA Federal Special Provisions.

G-1. Appendix A.1 Federally Required and Other Model Contract Clauses G-2. Buy American Certification
G-3. Lobbying Certification
G-4. Race-Neutral DBE Instructions
Exhibit 12 – Levine Act Disclosure.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

4.G.b
Packet Pg. 717 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Contract No. 11521 (CCS)
SP2577
Public Works | Construction Contract | December 2023 CC-22 SECTION 37 COUNTERPART SIGNATURES.

This Construction Contract and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document. Counterparts hereof that are transmitted by facsimile or electronic transmission shall be given identical legal effect as an original.

IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written.

CITY OF SANTA MONICA,
a municipal corporation
By: __________________________
APPROVED AS TO FORM:

By: ___________________________

ATTEST:

By: ____________________________

CONTRACTOR:

RAMCO General Engineering
Contractors, Inc.

By _________________________

Title ________________________
DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

DOUGLAS SLOAN
City Attorney
3/20/2024
President

EMILIO RAMIREZ
3/20/2024
David White
City Manager
3/27/2024
3/28/2024
Nikima Newsome
Interim City Clerk

4.G.b
Packet Pg. 718 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Public Works | Notice Inviting Bids – Over Threshold | January 2020

CITY OF SANTA MONICA

NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of Santa Monica invites Contractors to complete and submit electronic bids for the:

Federally Funded
7th Street Fencing Upgrade and Activation Project
SP2577
Bids will only be accepted through the CITY’S ONLINE VENDOR PORTAL, OpenGov Procurement or https://secure.procurenow.com/portal/santa-monica-ca. They must be received by the specified date and time. Late bids will not be accepted. Please allow sufficient time for uploading of documents.

The bid opening will be electronic, all submitted bids will be viewable by the public via OpenGov Procurement following the submission of all requested Best and Final Offers from any or all bidders.

NON-MANDATORY PRE-BID JOB WALK:

Tuesday, September 26, 2023 at 9:30 AM
1620 6th Street, Santa Monica
Meet at the southwest corner of 7th/Colorado
PROJECT ESTIMATE: $1,750,000.00
CONTRACT DAYS: 180 Calendar Days
LIQUIDATED DAMAGES: $770.00 Per Calendar Day
Bidding Documents may be obtained by logging onto the City’s bidding website at:
https://secure.procurenow.com/portal/santa-monica-ca. The Contractor is required to have a Class A (preferred) and/or B license at the time of bid submission. If the Contractor has a Class B license but does not have a Class A license at the time of bid submission, then a Class C8 and/or C12 license is also required. Contractors wishing to be considered must submit Bids containing all information required pursuant to the City’s Request for Bids.

Pursuant to Public Contracts Code Section 22300, the Contractor shall be permitted to substitute securities for any monies withheld by the City to ensure performance under this Contract.

Dated:^^
APPROVED AS TO FORM: CITY OF SANTA MONICA
______________________________ By:________________________ Lane Dilg Rick Cole
TO BE PUBLISHED: _______________________
DocuSign Envelope ID: 8FB57A56-D00D-40D3-BA1C-56C83980766B

DOUGLAS SLOAN
City Attorney
David White
9/11/2023
City Manager
DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

4.G.b
Packet Pg. 719 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 City of Santa Monica
Architecture Services
Amelia Feichtner, Capital Program Manager
1685 Main Street, Santa Monica, CA 90401

PROPOSAL DOCUMENT REPORT
ITB No. SP 2577
SP2577 - 7th St Fencing Upgrade and Activation
RESPONSE DEADLINE: October 11, 2023 at 2:30 pm
Report Generated: Wednesday, December 13, 2023
RAMCO, General Engineering Contractor Proposal

CONTACT INFORMATION
Company:

RAMCO, General Engineering Contractor
Email:
[email protected]
Contact:

Emilio Ramirez
Address:

P.O. Box 920878
Sylmar, CA 91392
Phone:

N/A
Website:

N/A
Submission Date:

Oct 11, 2023 1:19 PM
DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

4.G.b
Packet Pg. 720 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to

PROPOSAL DOCUMENT REPORT
ITB No. SP 2577
SP2577 - 7th St Fencing Upgrade and Activation

PROPOSAL DOCUMENT REPORT
Invitation to Bid - SP2577 - 7th St Fencing Upgrade and Activation

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Santa Monica City CouncilJune 9, 2026

Santa Monica City Council
June 9, 2026