City Council Report - City of Santa Monica

CITY OF SANTA MONICA REGULAR CITY COUNCIL MEETING AGENDA AND A JOINT SPECIAL MEETING OF THE CITY COUNCIL, THE HOUSING AUTHORITY, THE PARKING AUTHORITY, AND A REGULAR MEETING OF THE REDEVELOPMENT SUCCESSOR AGENCY CITY HALL COUNCIL CHAMBERS - 1685 MAIN STREET AND CITY HALL ROOM 209, 1685 MAIN STREET TUESDAY, JUNE 25, 2013

MEETING BEGINS AT 5:30 P.M. Please note that Councilmember Robert Holbrook will be present at City Hall Room 209, 1685 Main Street, Santa Monica, CA 90401. He will participate by telephone. Members of the public may address the Council directly from this location. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL (Please note that Agenda Items may be reordered during the Council meeting at the discretion of the City Council.) 1. CLOSED SESSIONS: 1-A:

Conference with Labor Negotiator. City Negotiator: Donna Peter, Director of Human Resources Bargaining Units: Administrative Team Associates (ATA) Supervisory Team Associates (STA) Municipal Employees Association (MEA)

1-B:

Conference with Legal Counsel – Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (d)(2) – 2 cases

1-C:

Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1) – 1 case: Marks v. City of Santa Monica, Los Angeles Superior Court Case Number BC 490411

The following is the order of business for items to be heard no earlier than 6:30 p.m. 2. SPECIAL AGENDA ITEMS: 2-A:

Presentation of the National Weather Service’s “TsunamiReady” and “StormReady” recognition. 1

June 25, 2013

3. CONSENT CALENDAR: (All items will be considered and approved in one motion unless removed by a Councilmember for discussion.) 3-A:

Approval of minutes of the March 19, 2013, City Council meeting.

3-B:

Agreement with Esri for GIS Software License Agreement Renewal – recommendation to authorize the City Manager to negotiate and execute a sole source professional service agreement with Esri, in an amount not to exceed $167,535 for a three-year GIS software license agreement renewal with future year funding contingent on Council budget approval.

3-C:

Purchase of Hardware and Software Technology – recommendation that City Council authorize the purchase of hardware and software technology from the following vendors for the period between FY 2013-14 and FY 2018-19: CDWG, in an amount not to exceed $750,000; EnPointe, in an amount not to exceed $1,000,000; Nth Generation Computing, Inc., in an amount not to exceed $1,000,000; and, PCMG (formerly PC Mall), in an amount not to exceed $750,000, for a total amount not to exceed $3,500,000 for a five-year period.

3-D:

Commemorate the Life and Achievements of World-Famous Tennis Pioneer Gussy Moran – recommendation that the City Council commemorate Santa Monica native and world-famous tennis pioneer Gussy Moran by naming the Stadium Court at Reed Park, Gussy Moran Stadium Court, and install didactic signage on the wall adjacent to the Stadium Court that would provide a history of her achievements.

3-E:

Contract Amendment to Continue Safe Routes to School Bicycle and Pedestrian Safety Program – recommendation to authorize the City Manager to negotiate and execute a first contract modification to Contract No. 9603 (CCS) in the amount of $70,000 with Alta Planning + Design (Alta), to continue implementation of the Safe Routes to School Program (SRTS), resulting in a two-year amended contract with a new total amount not to exceed $398,000.

3-F:

Adopt a Resolution Approving Revisions to the City-wide Records Retention Schedule and Records.

3-G:

Adopt a Resolution Approving Final Parcel Map No. 71387 for a 4-Unit Condominium Project at 1621 Franklin Street.

3-H:

Engineering and Traffic Survey to Review and Update Speed Limits – recommendation to authorize the City Manager to negotiate and execute a Professional Service Agreement with Kimley-Horn Associates, Inc. (KHA), in an amount not to exceed $80,000 for the completion of an Engineering and Traffic Survey to review and update speed limits in the City.

2

June 25, 2013

3-I:

Pilot Car Share Program – recommendation to authorize the City Manager to negotiate and execute a two-year contract with the Hertz Corporation, to provide a pilot car sharing program in the City of Santa Monica, with one additional threeyear renewal option.

3-J:

Professional Services Agreement for Pedestrian Safety Device Evaluations – recommendation to authorize the City Manager to negotiate and execute a Professional Services Agreement with DKS Associates, Inc. (“DKS”), in the amount of $12,349 to provide a study of new pedestrian enhancements at various locations throughout the City.

3-K:

Professional Services Agreement Modification for Hospital Area Pedestrian Study – recommendation to authorize the City Manager to negotiate and execute a second modification to Professional Services Agreement No. 2238 with KOA Corporation, in the amount of $5,800, resulting in a two-year amended agreement with a new total amount not to exceed $75,790 to complete additional analysis for the Hospital Area Pedestrian Study; and appropriate the budget increase and authorize budget changes.

3-L:

Contract Modification with Liebert Cassidy and Whitmore, a Law Corporation, for Labor and Employment Legal Services – recommendation to authorize the City Manager negotiate and execute a first modification to Professional Services Agreement No. 9535(CCS) with Liebert Cassidy and Whitmore, in the amount of $375,000 for personnel related legal services, resulting in a five-year amended with a total not to exceed $1,875,000.

3-M:

Purchase Business License Software – recommendation to authorize the City Manager to negotiate and execute a contract with HdL Software, LLC (HdL), in an amount not to exceed $209,275 for business license software, over a five year term starting in FY 2013-14.

3-N:

Professional Services Agreement Modification for Testing and Inspection Services for Tongva Park and Ken Genser Square – recommendation to authorize the City Manager to: 1) negotiate and execute a second modification to Professional Services Agreement No. 9395 (CCS) with Koury Engineering & Testing, in an amount not to exceed $44,396 to provide additional geotechnical testing services for Tongva Park and Ken Genser Square, resulting in an amended agreement with a new total amount not to exceed $199,436; 2) Negotiate and execute a first modification to Professional Services Agreement No. 9395 (CCS) with Smith Emery Company, in an amount not to exceed $86,757 to provide additional deputy inspection services for Tongva Park and Ken Genser Square, resulting in an amended agreement with a new total amount not to exceed $199,969; and, approve the budget changes.

3

June 25, 2013

3-O:

Award Construction Contract for Annual Wastewater Main Improvements – recommendation to authorize the City Manager to negotiate and execute a construction contract with Vasilj, Inc., in an amount not to exceed $1,358,928 for the annual Wastewater Main Improvements, and authorize any necessary changes within budget authority.

3-P : Refuse Disposal, Recycling and Organics Processing Facilities – recommendation to add USA Waste of California dba Waste Management (organics waste processor) and Agromin Organics Recycling Compost Facility (organics processing facility) to the list of City authorized refuse disposal, recycling and organics waste processors and facilities; and, to award Bid No. 111212 to USA Waste of California dba Waste Management, in the estimated amount of $750,00 per year, to process organics waste for the City. 3-Q:

Professional Services Agreement Modification for Corporation Yard Master Plan – recommendation to authorize the City Manager to negotiate and execute a fourth modification to Professional Services Agreement No. 9129 (CCS) with RNL Interplan, Inc., in the amount of $16,640 to provide an additional phasing plan to complete the Corporation Yard Master Plan, resulting in a new total amount not to exceed $359,980; and, to appropriate the budget increases.

3-R:

Award Bid for Purchase of Five Dump Trucks and Two Irrigation Trucks – recommendation to Award Bid #4051 to Thorson Motor Center, in an amount not to exceed $355,816 for the purchase and delivery of five compressed natural gas (CNG) dump trucks; and, Award Bid #4052 to Thorson Motor Center, in an amount not to exceed $118,050 for the purchase and delivery of two CNG special body irrigation trucks.

3-S:

Award Bid for Purchase of Three Ford Focus Electric Vehicles – recommendation to award Bid No. 4055 to Wondries Fleet Group, in the amount of $136,314 for the purchase and delivery of three new Ford Focus electric vehicles.

3-T:

Award Construction and Construction Management Contracts for the Bus Shelter Redevelopment Program – recommendation to authorize the City Manager to negotiate and execute a contract with West Valley Investment Group, Inc., in the amount of $6,680,909, for construction of the Big Blue Bus Shelter Redevelopment Program; authorize the City Manager to negotiate and execute a professional services agreement with Arcadis US, in the amount of $621,500, for construction management and inspection services for the Big Blue Bus – Bus Shelter Redevelopment Program; authorize any necessary changes within budget authority, and appropriate the budget increases.

4

June 25, 2013

3-U:

Purchase Orders with multiple renewal option years exceeding $100,000 – recommendation to extend renewal options or authorize issuance of new Purchase Orders for vendors whose cumulative authorized purchase amount exceeds $100,000 in fiscal year 2013-14, with a total cumulative amount of the purchase orders not exceeding $13,565,251.

3-V:

Contract modification with ICF Consulting for Environmental Assessment, Remediation, and Closure services at the Big Blue Bus depot – recommendation to authorize the City Manager to execute a contract modification to Contract No. 8913 (CCS) with ICF Consulting, in the amount of $185,000, for environmental assessment, remediation, and closure services.

3-W: Contract Modification for Maintenance and Support Services for Santa Monica Airport’s Aircraft Noise Monitoring System – recommendation to authorize the City Manager to negotiate and execute a second modification to Contract No. 9057 (CCS) with Exelis Inc., in the amount of $143,103, to provide maintenance and support services for the Santa Monica Airport’s noise and operations monitoring system (NOMS); to purchase flight track data; and, to provide public access to flight track data through June 30, 2015. 3-X:

Exposition Light Rail Storm Drain Repairs and Replacement on Colorado Avenue – recommendation to authorize the City Manager to negotiate and execute an agreement with the Exposition Metro Line Construction Authority (Authority), in an amount not to exceed $274,566 to repair and replace six storm th th drain laterals on Colorado Avenue between 6 Street and 11 Street; appropriate budget changes, and authorize any necessary changes.

3-Y:

Formal Bids Staff Report 2013 – recommendation to award Bids for the issuance of Blanket Purchase Orders for the best bidders for goods or services formally bid between March and May 2013 for fiscal year 2013-14, in an amount not to exceed $1,844,772, with a two one-year renewal options over a three-year period.

7. ORDINANCES: (Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption.) 7-A: Second reading and adoption of an ordinance adopting Development Agreement 12DEV-001 to allow a new 4-story mixed-use development project consisting of 53 residential units and 6,664 Square Feet of ground floor commercial space at 1318 2nd Street. (Introduced May 14, 2013) 7-B:

Emergency Ordinance to Amend the Santa Monica Municipal Code to allow a fourth extension of time to complete construction on projects that include a designated Santa Monica landmark. 5

June 25, 2013

7-C:

Second Reading and Adoption of an Ordinance repealing Santa Monica Municipal Code Chapter 7.18 Water Conservation – Plumbing Standards. (Introduced June 11, 2013)

7-D:

Second Reading and Adoption of an Amendment to Interim Zoning Ordinance No. 2417 (CCS) to Extend the Interim Zoning Ordinance to February 28, 2014, and to Exempt Ground Floor Outdoor Dining Areas on Private Property from Floor Area Ratio Calculations in the Downtown District. (Introduced June 11, 2013)

7-E:

Second Reading and Adoption of an Ordinance amending Santa Monica Municipal Code Chapter 9.56, the City’s Affordable Housing Production Program (AHPP) Including Revising Affordable Housing Categories, Income-Eligibility Limits, Rent Limits, and Expanding AHPP Income Categories. (Introduced June 11, 2013)

7-F:

Introduction and First Reading of an Ordinance for Proposed Development Agreement 12DEV013 to Construct of a New Three-Story Science Learning Center and Temporary Modular Classrooms at 1731 20th Street (Crossroads School for Arts & Sciences).

7-G: Introduction and first reading of an ordinance amending Santa Monica Municipal Code Chapter 3.56, Regulation of Alarm Systems, to authorize additional fines for second and subsequent false alarm responses in a single fiscal year and to authorize an alarm registration fee. 7-H:

Introduction and first reading of an Ordinance Amending Section 11.04.010 of the Municipal Code to Require a Payment of a Fee To File Election Nomination Papers and a Fee for the Printing and Handling of a candidate statement.

9. PUBLIC HEARINGS: ROLL CALL FOR JOINT MEETING OF THE CITY COUNCIL THE REDEVELOPMENT SUCCESSOR AGENCY, THE HOUSING AUTHORITY, AND THE PARKING AUTHORITY: 9-A:

Adoption of the First Year and Approval of the Second Year of the Fiscal Year (FY) 2013-15 Biennial Budget (including the Second Year of the FY 2012-14 Biennial Capital Improvement Program Budget) – recommendation that the City Council, Housing Authority and Parking Authority: adopt a resolution of the City Council of the City of Santa Monica adopting the first year and approving the second year of the Fiscal Year 2013-15 Biennial Budget and adopting the second year of the Fiscal Year 2012-14 Biennial Capital 6

June 25, 2013

Improvement Program Budget at Attachment F1, as amended by Attachment D; adopt a resolution of the Housing Authority of the City of Santa Monica adopting the first year and approving the second year of the Fiscal Year 2013-15 Biennial Budget and adopting the second year of the Fiscal Year 2012-14 Biennial Capital Improvement Program Budget at Attachment F2, as amended by Attachment D; adopt a resolution of the Parking Authority of the City of Santa Monica adopting the first year and approving the second year of the Fiscal Year 2013-15 Biennial Budget and adopting the second year of the Fiscal Year 2012-14 Biennial Capital Improvement Program Budget at Attachment F3, as amended by Attachment D; additionally, recommendation that the City Council: adopt a resolution of the City of Santa Monica setting various rates and fees (Attachment C1); adopt a resolution of the City of Santa Monica setting various fines and penalties (Attachment C2); adopt a resolution of the City of Santa Monica adjusting preferential parking rates (Attachment C3); adopt a resolution of the City of Santa Monica establishing new classifications and adopting salary rates for various listed positions (Attachment E1) and approve the Position and Classification Changes (Attachment E2); adopt a resolution of the City of Santa Monica establishing the GANN appropriations limit for FY 2013-14 (Attachment G); approve the Proposed FY 2013-14 Human Services Grants Program (HSGP), incorporating the proposed funding levels (Attachment H1); approve the Proposed FY 2013-14 Organizational Support Program (OSP) Grants for Arts and Culture Nonprofits, incorporating the proposed funding levels (Attachment H2); authorize the City Manager to negotiate and execute modifications to grant contracts extending their terms to June 30, 2015 for grantees of the Cultural Arts Organization Support Grant Program; authorize the City Manager to negotiate and execute a first modification of Contract #9419 with Venice Family Clinic, a HSGP grantee, upon the successful conclusion of the merger of Common Ground, a HSGP grantee, with Venice Family Clinic; authorize the City Manager to negotiate and execute a second modification to Contract #9605 in the amount of $225,000 (one-time funding) with Social and Environmental Entrepreneurs (SEE), a California-based organization, to provide drop-in and referral services for at-risk youth and extend the term of the Grant Agreement, which would result in a two-year amended agreement with a new total amount not to exceed $565,220; direct staff to work in collaboration with the Cradle to Career Initiative and Youth Resource Team to implement coordinated and interdisciplinary action to serve the most vulnerable older youth and their families and return to Council to seek authorization to negotiate and execute agreements with local non-profits to provide services; accept Federal Supportive Housing Program (SHP) Renewal Grant funds from the Los Angeles Homeless Services Authority (LAHSA) in the amount of $389,215 for Coordinated Case Management; and accept Federal Supportive Housing Program (SHP) Renewal Grant funds from the U.S. Department of Housing and Urban Development (HUD) in the amount of $446,822 for the Serial Inebriate Program.

7

June 25, 2013

Note: Council may decide to hear Items 7-G and 7-H with Item 9-A. ADJOURNMENT OF JOINT MEETING 13. COUNCILMEMBER DISCUSSION ITEMS: 13-A: Annual Appointments to the following Boards and Commissions: Board/Commission Airport Commission Architectural Review Board Arts Commission Building and Fire-Life Safety Commission for the Senior Community Commission on the Status of Women Convention and Visitors Bureau Disabilities Commission Housing Commission Housing Commission Landmarks Commission Library Board Personnel Board Planning Commission Recreation and Parks Commission Social Services Commission

No. of Appts. 1 2 2 3 2 3 2 3 2 2 2 1 1 1 1 2

Term Ending 6/30/2017 6/30/2017 6/30/2017 6/30/2017 6/30/2017 6/30/2017 6/30/2017 6/30/2017 6/30/2015 6/30/2017 6/30/2017 6/30/2017 6/30/2018 6/30/2017 6/30/2017 6/30/2017

13-B: Appointment to one unscheduled vacancy on the Commission on the Status of Women for a term ending on June 30, 2016. 14. PUBLIC INPUT: (Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item.) ADJOURNMENT. Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available at the City Clerk's Counter located at City Hall, 1685 Main Street, Santa Monica, and at the City’s public libraries during normal business hours. Documents are also available at http://www.smgov.net/departments/clerk/agendas.aspx. 8

June 25, 2013

For a free subscription to City Council Agendas sign up at http://www01.smgov.net/win or call the City Clerk’s Office at (310) 458-8211. Any member of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401. Comments may also be e-mailed to: [email protected] Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo. City Hall and the Council Chamber is wheelchair accessible. If you require any special disability related accommodations (i.e. sign language interpreting, access to an amplified sound system, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917-6626 at least 3 days prior to the scheduled meeting. This agenda is available in alternate format upon request by calling the City Clerk’s Office. Parking is available in front of City Hall and on Olympic Drive and in the Civic Center Parking Structure (validation free).

9

June 25, 2013

(NOT APPROVED)

Item 3-A June 25, 2013

CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 19, 2013 A special meeting of the Santa Monica City Council was called to order by Mayor O’Connor at 5:35 p.m., on Tuesday, March 19, 2013, at City Council Chambers, 1685 Main Street. Roll Call:

Present:

Also Present:

Mayor Pam O’Connor Mayor Pro Tem Terry O’Day (arrived at 5:49 p.m.) Councilmember Gleam Davis (arrived at 5:50 p.m.) Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Tony Vazquez Councilmember Ted Winterer City Manager Rod Gould City Attorney Marsha Jones Moutrie City Clerk Sarah P. Gorman

CONVENE/PLEDGE

On order of Mayor, the City Council convened at 5:35 p.m., with Mayor Pro Tem O’Day and Councilmember Davis absent. Councilmember Holbrook led the assemblage in the Pledge of Allegiance.

CLOSED SESSIONS

Member of the public Denise Barton commented on Item 1-A and members of the public Catherine Eldridge and Brenda Barnes commented on Item 1B.

Councilmember Davis arrived at 5:49 p.m.

1-A: Mayor Pro Tem O’Day arrived at 5:50 p.m.

Public Employee Evaluation. Title of Employees: City Manager, City Attorney and City Clerk

The City Attorney advised that this matter was heard and no reportable action taken. 1-B:

Conference with Legal Counsel- Existing Litigation: Village Trailer Park v. City of Santa Monica, Los Angeles Superior Court Case No. BS141223

The City Attorney advised that this matter was heard and no reportable action taken.

Item 3-A June 25, 2013 1

March 19, 2013

CONSENT CALENDAR:

All items were considered and approved in one motion unless removed by a Councilmember for discussion. Member of the public Denise Barton commented on various Consent Calendar items. City Attorney Marsha Moutrie noted a minor correction on Item 3-K regarding an errata sheet relating to the mitigated negative declaration. At the request of Councilmember Winterer, Item 3-J was removed from the Consent Calendar. Motion by Councilmember Holbrook, seconded by Councilmember Davis, to approve the Consent Calendar except for item 3-J, reading resolutions by title only and waiving further reading thereof, and modifying language for 3-K to approve the mitigated negative declaration as modified by the errata sheet noted in the record, as suggested by the City Attorney. The motion was approved by the following vote: AYES: NOES: ABSENT:

Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tem O’Day, Mayor O’Connor None None

RRR RATE STUDY

3-A: Agreement for Resource Recovery and Recycling Rate (RRR) Study - recommendation to authorize the City Manager to negotiate and execute a Professional Service Agreement No. 9719 (CCS) with HF&H Consultants, LLC in an amount not to exceed $67,500 to conduct a study of RRR rates (Phase I), was approved.

BUS ASSIGNMENT

3-B: Assignment of One 60-Foot Articulated Bus to the City of Fort Collins, Colorado – recommendation to negotiate and execute an assignment Agreement No. 9720 (CCS) with the City of Ft. Collins, Colorado and North America Bus Industries for the release of one 60-foot articulated bus from Contract No. 9126 (CCS); and agreements with other cities that request release of buses from the contract. This will be on an asneeded basis until the agreement expires August 31, 2014. The recommendation was approved.

URBAN GREENING FUNDS

3-C: Applications for Proposition 84 Urban Greening grant funds – recommendation to adopt Resolution No. 10738 (CCS) entitled: “A Resolution Of The City Council Of The City Of Santa Monica authorizing the City Manager to submit grant applications for grant funds for the Urban Greening Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) and to execute agreements in furtherance of Urban

2

March 19, 2013

Greening and Stormwater Management”; authorize execution of all necessary documents; and appropriate funds for grants received, was adopted. BANKING SERVICES

3-D: Modification for Contract with Bank of America for banking services – recommendation to authorize the City Manager to negotiate and execute a fourth modification to Contract No. 8372 (CCS) with Bank of America, in an amount not to exceed $75,000 to provide banking services on a month-to-month basis no later than July 31, 2013, was approved.

PARKING METERS

3-E: Modification to Agreements for Annual Operating and Maintenance Costs for Single-Space Parking Meters – recommendation to authorize the City Manager to negotiate and execute amendments to Contract No. 9496 (CCS) with IPS Group, Inc., in an annual amount of $600,000, for a new contract amount of $1.2 million; and Contract No. 9082 (CCS) with TransFirst Health and Government Services, Inc. in an estimated amount of $3 million for a 5-year amended agreement with a new total amount of $6,350,000, to provide credit card processing services for single space parking meters; and appropriate budget increases, was approved.

DISASTER PLANNING

3-F: Withdrawal from Joint Powers Agreement to Provide InterAgency Cooperation in Major Natural or Man-Made Disaster – recommendation to authorize the City Manager to file a written Notice of Intention of the City of Santa Monica to withdraw from Disaster Management Area A pursuant to Joint Powers Agreement to Provide InterAgency Cooperation in Major Natural or Man-Made Disaster (Disaster Management Area A), was approved.

BAYSIDE LEASING

3-G: Bayside Leasing Guidelines – recommendation that City Council approve amendments to the Bayside Leasing Guidelines, was approved.

REFUSE/RECYCLING CONTAINERS

3-H: Modification for Refuse/Recycling Containers – recommendation that the City Council approve a modification to Purchase Order #343112 OP with Ball, Bounce and Sports, Inc. (formerly Superior Rotation Molding) in the amount of $450,000 for the purchase and delivery of 2, 3, and 4 yard plastic refuse/recycling containers, resulting in a three-year amended purchase order with a new total of $960,000, was approved.

HOUSEHOLD HAZARDOUS WASTE

3-I: Adopt Resolution No. 10739 (CCS) entitled: “A Resolution Of The City Council Of The City Of Santa Monica authorizing the City Manager to submit and execute all CalRecycle Household Hazardous Waste Grants for which the City of Santa Monica is eligible;” authorize the City Manager to execute all necessary documents, and authorize budget changes in the event the grant is awarded, was adopted.

3

March 19, 2013

COLORADO ESPLANADE

3-K: Colorado Esplanade and Civic Center Specific Plan Amendment CEQA Documentation – recommendation to adopt Resolution No. 10740 (CCS) entitled: “A Resolution Of The City Council Of The City Of Santa Monica adopting the Mitigated Declaration and Mitigation Monitoring Program for the Colorado Esplanade Project,” was adopted.

VEHICLE PURCHASE

3-L: Purchase of Ten Toyota RAV4 Electric Vehicles – recommendation that City Council award a purchase order to National Auto Fleet Group, in an amount not to exceed $554,651 for the purchase and delivery of ten 2012 Toyota RAV4 Electric Vehicles (EVs), and authorize budget changes, was approved.

MINUTES

3-M: Approval of minutes for the November 13 and 14, 2012, City Council meetings, was approved.

COMPRESSED WORK SCHEDULE

3-J: Compressed Work Schedule Review – recommendation to authorize the City Manager to negotiate and execute a Professional Services Agreement No. 9721 (CCS) with Citygate Associates LLC, in an amount not to exceed $89,814 to provide an analytical review of the Police Department’s compressed work schedules, was presented. Councilmember Winterer advised that he removed the item to inquire about operational efficiencies. Staff responded to questions and provided additional information to Council. Motion by Councilmember Vazquez, seconded by Councilmember Holbrook, to approve recommendation. The motion was approved by the following vote: AYES: NOES: ABSENT:

STUDY SESSION: ZERO WASTE

Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor Pro Tem O’Day, Mayor O’Connor None None

4-A: Zero Waste Strategic Operations Plan – recommendation that the City Council review and comment on the draft Zero Waste Strategic Operations Plan and direct staff to proceed with next steps, was presented. There was no one present for public comment. Considerable discussion ensued on topics including education of new residents, other locations’ zero waste plans, challenges to implementation, near and long term strategies and education of visitors..

4

March 19, 2013

Staff direction was provided. On order of the Mayor, the information was received and filed. ORDINANCES: VILLAGE TRAILER PARK

7-A: Introduction for first reading of an ordinance which approves the proposed new Village Trailer Park Development Agreement, including the Tentative Tract Map and Tenant Relocation Plan; and, adopt a Resolution No. 10741 (CCS) making findings necessary to approve the Village Trailer Park Project, adopting a Statement of Overriding Consideration, and Mitigation Monitoring Plan, was presented. Considerable discussion ensued on topics including local job preferences, relocation procedures, affordable housing production plan, Environmental Impact Report (EIR) approval, parking, use of mobile home pads at the property, local hiring, and light issues. Development Agreement applicant Marc Luzzato spoke in support of the recommended action. Members of the public Lania Beltin, Rana Kirkland, Donn Umber, Maka Toskovic, Patricia Loeb, Marcie Kravitz, John Torbett, Rachel Bennahum, John Begakis, Megan Halpin, Erin Hand, Mark Martinez, June Willis, Jim Goalen, Yael Lustmann, Helen Wickman, Ron Nayor, Ken Carlson, Jerry Rubin, Mary Anne La Guardia, Dror Amir, Dan Bliss, Courtenay Turner, Michelle Septak, Ken Kokin, Jeannine Harrington, and John Musero spoke generally in support of the ordinance. Members of the public Richard Hilton, Cris McLeod, Peta Orbach, Sean Butler, Joe Judge, Armen Melkonians, Christel Anderson, Denise McGranahan, Linda Piera-Avila, Cameron Van Tassell, Marc Sanschagrin, Michael Tarbet, Ellen Brennan, Zina Josephs, Peter Naughton, Tricia Crane, Catherine Eldredge and Jeff Michaelson spoke generally in opposition to the ordinance. Applicant Mr. Luzzato provided a rebuttal in support of the recommended action. Considerable discussion ensued regarding third party beneficiaries, local hire agreements, relocation benefits for disabled residents, restrictions on communication, agreement statements whether the City is ordering park closure; property tax issues, Architectural Review Board (ARB) requirements, and parking.

MOTION TO HEAR ITEMS PAST 11:00 P.M.

Motion by Councilmember Davis, seconded by Councilmember Vazquez, to continue the meeting past 11:00 pm. The motion was unanimously

5

March 19, 2013

approved by voice vote, with all members present. Motion by Councilmember Holbrook, seconded by Mayor Pro Tem O’Day, that the final EIR previously certified for Village Trailer Park Development Agreement is adequate for the proposed new Development Agreement project. The motion was approved by the following vote: AYES: NOES: ABSENT:

Councilmembers Vazquez, Davis, Holbrook, Winterer, Mayor Pro Tem O’Day, Mayor O’Connor Councilmembers McKeown None

Councilmember McKeown stated that the record should reflect he voted against this motion because he voted against the EIR the last time. Motion by Mayor Pro Tem O’Day, seconded by Councilmember Holbrook, to adopt Resolution No. 10741 (CCS) entitled: “A Resolution Of The City Council Of The City Of Santa Monica making findings necessary to approve the Village Trailer Park Project, adopting a Statement of Overriding Consideration, and Mitigation Monitoring Plan,” reading resolution by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: NOES: ABSENT:

Councilmembers Holbrook, Davis, Mayor Pro Tem O’Day, Mayor O’Connor Councilmembers McKeown, Winterer, Vazquez None

Motion by Mayor Pro Tem O’Day, seconded by Councilmember Holbrook, to introduce ordinance for first reading, reading by title only and waiving further reading thereof. Motion to amend by Councilmember Davis to request that the Architectural Review Board ensures the use of the term human scale and appropriate relationship with existing residences on Colorado. The motion was accepted as friendly to the maker and seconder of the motion. Mr. Luzzato agreed to this provision. Staff provided direction regarding Architectural Review Board to ensure adequate open space between Building A and Building B and that Building B will not loom over Building A. Mr. Luzzato agreed to this provision. Motion to amend by Councilmember Vazquez to include this project in an official project labor agreement policy that will be discussed later in this Council meeting. Assistant City Attorney Alan Seltzer provided the following language for this provision: “Developer agrees to consider minor

6

March 19, 2013

modifications of Exhibit F1 to accept policies adopted by the City regarding local hiring.” The motion was accepted as friendly to the maker and seconder of the motion. Mr. Luzzato agreed to this provision. Motion to amend by Councilmember Winterer to modify the following language in the relocation plan: “If tenant relocation assistance is less than the rental differential, then the resident is not entitled to tenant relocation assistance offered in Paragraph 1.” The motion was accepted as friendly to the maker and the seconder of the motion. Mr. Luzzato agreed to this provision. Motion to amend by Councilmember Winterer to exchange six very low units for three extremely low units. The motion was accepted as friendly by the maker and the seconder of the motion. Mr. Luzzato agreed to this provision. Motion to amend by Mayor Pro Tem O’Day that if the City adopts a policy to provide for unbundled parking in affordable units this would be considered a minor modification that could be resolved at staff level. Assistant City Attorney Alan Seltzer proposed the following language: “Developer agrees to consider a minor modification of this section to impose policies adopted by the City to unbundle parking for residential tenants in an affordable unit.” The motion was accepted as friendly by the seconder of the motion. Mr. Luzzato agreed to this provision. Motion by Mayor Pro Tem O’Day, adding an amendment to clarify that the Development Agreement is not a government action and that the City is not requiring the termination of tenancies pursuant to its police power by adding “or close” to Section 5.6.5. The motion was accepted as friendly by the seconder. The motion was approved, with amendments by the following vote: AYES: NOES: ABSENT:

Councilmembers Davis, Holbrook, Mayor Pro Tem O’Day, Mayor O’Connor Councilmembers Vazquez, Winterer, McKeown None

Councilmember McKeown stated for the record that he voted no because homeowners are being displaced where the affordable housing replacement meets only the bare legal minimum and falls far short of replacing 109 affordable rent controlled homes. That therefore means that there are no community benefits with respect to affordable housing, our number one priority, nor are there adequate other community benefits to justify the impact of the project next to an existing neighborhood in a crucial area of the city without an agreement to a higher vehicle ridership level and without an enforceable local hiring requirement. He also stated that the

7

March 19, 2013

design still is inadequate. COUNCIL ITEMS: LOCAL HIRING

13-A: Request of Councilmembers Vazquez and McKeown to authorize staff to explore mechanisms for effective local hiring programs applied to Santa Monica development, including "project labor agreements;" to evaluate how various options would apply in the contexts of our Cradle to Career Initiative and Sustainable City Plan; and to return to the City Council with recommendations, was presented. There was no one present for public comment. Discussion ensued regarding training for trades, use of project labor agreements, and local hiring pools. Motion by Councilmember McKeown, seconded by Councilmember Vazquez, to approve the recommendation. The motion was unanimously approved by voice vote, with all members present

AB746

13-B: Request of Councilmember McKeown that the Council go on record in opposition to AB746 (Levine), which would prohibit smoking in all indoor areas of multi-family dwellings, including within the units of existing tenants otherwise protected by rent control and/or other local housing security and stability measures, such as the recentlypassed Measure RR provisions of our City Charter, and which further would make non-compliance with the smoking prohibition a criminal infraction and thereby make smokers subject to eviction, was presented. There was no one present for public comment. Motion by Councilmember McKeown, seconded by Councilmember Winterer, to approve the recommendation with staff direction. The motion was approved by voice vote, with all members present, and Councilmember Holbrook dissenting.

ADJOURNMENT

On order of the Mayor, the City Council meeting was adjourned at 12:11 a.m. in memory of Roland Ross and Virginia Daymude.

ATTEST:

APPROVED:

Sarah P. Gorman City Clerk

Pam O’Connor Mayor

8

March 19, 2013

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 3-B To:

Mayor and City Council

From:

Jory Wolf, Chief Information Officer

Subject:

Agreement with Esri for GIS Software License Agreement Renewal

Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a sole source professional service agreement with Esri, a California-based company, in an a mount not to exceed $167,535 for a 3-year GIS software license agreement renewal. The license of the system, including product support and training, would not exceed $167,535 over a three year period with future year funding contingent on Council budget approval. Executive Summary The Information Systems Department’s Web Development Division oversees the City’s Geographic Information System (GIS) program. This program relies on Esri software to develop and manage its GIS data in support of a wide variety of critical City functions, including public safety and City planning matters. Esri is the only provider of software that meets the large scale requirements of the City and compatibility with similar systems in neighboring jurisdictions for data sharing. The license of the system, including product support and training, would not exceed $167,535 over a t hree year period Background The City has been using Esri software since 1993 to develop and manage its Geographic Information System (GIS). A GIS is a s ystem designed to capture, store, manipulate, analyze, manage, and present all types of geographical data. Merging cartography, statistical analysis, and computer science technologies, the City uses its GIS to project data onto maps in support of a broad spectrum of projects and operations in almost every department. Almost every department in the City uses the GIS to support critical operations such as project notifications; land use studies; police and fire dispatch; identification of hazardous material storage and critical populations; public works infrastructure such as 1

wastewater, storm drain, and water systems, underground and overhead utilities; traffic controls; street sweeping and r efuse collection; redevelopment studies; general plan updates; property ownership tracking; management of CityNet; and others.

Discussion The City has entered into individual year-to-year software maintenance agreements with Esri, but has never before entered into a multiple year agreement or a professional service agreement. The City seeks to enter a t hree-year contract with Esri to take advantage of discounted pricing and freeze the licensing price for the three year period. Vendor Selection Esri is the dominant provider of GIS software, is the only provider of enterprise GIS software, and is used by most jurisdictions in the region, including Los Angeles County, City of Los Angeles, and Culver City. E sri is used by many government agencies, including the county and neighboring cities, with which the City integrates GIS data for regional public safety and pl anning initiatives.

The need to operate the GIS in an

enterprise environment and to share data with neighboring jurisdictions, such as Los Angeles County, make Esri the only viable provider of GIS software. Given the City’s widespread use of Esri, the enterprise license agreement provides significant cost savings over purchasing individual licenses. The enterprise license agreement allows the City to deploy unlimited quantities of core Esri products and software for desktop computers and enterprise servers. Software maintenance is included for the term and includes technical support for named callers, new software releases, upgrades, updates, and internet-based training.

2

Financial Impacts & Budget Actions The agreement to be awarded to Esri is $55,845 per year for three years for an agreement total not to exceed $167,535. Funds for FY 2013-15 have been included in the FY 2013-15 Proposed Budget, pending Council approval. Each year, the contract will be charged to the following accounts: 01247.579250 01304.533580 25671.544010 31661.544010 C410113.589000 01266.522310 01576.522310 15551.522310 12681.544010 01403.555210 01226.522540 01231.522310 27441.544010 06402.522310 14211.533580 TOTAL

$13,545 $20,000 $2,500 $2,500 $7,000 $1,800 $1,800 $1,200 $400 $400 $600 $400 $800 $1,200 $1,700 $55,845

Budget authority for subsequent years will be r equested in each budget cycle for Council approval. Future funding is contingent upon C ouncil approval and budg et adoption. Prepared by: Keith Kurtz, Internet Systems Analyst Approved:

Forwarded to Council:

Jory Wolf Chief Information Officer

Rod Gould City Manager

3

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 3-C To:

Mayor and City Council

From:

Jory Wolf, Chief Information Officer

Subject:

Purchase of Hardware and Software Technology

Recommended Action Staff recommends that City Council authorize the purchase of hardware and s oftware technology from: 1. CDWG, an Illinois-based company, in an amount not to exceed $750,000 for the period between FY 2013/14 and FY 2017/18; 2. EnPointe, a Virginia-based company, in an amount not to exceed $1,000,000 for the period between FY 2013/14 and FY 2017/18; 3. Nth Generation Computing, Inc., a Virginia-based company, in an amount not to exceed $1,000,000 for the period between FY 2013/14 and FY 2017/18; and 4. PCMG (formerly PC Mall), a California-based company, in an amount not to exceed $750,000 for the period between FY 2013/14 and FY 2017/18; for a total amount not to exceed $3,500,000 for a five-year period. Executive Summary The City purchases computer hardware equipment and software to maintain and expand its network infrastructure, application servers, and government, business and public networks. Staff competitively bids these purchases and has found that a select group of vendors—CDWG, EnPoint, Nth Generation, and PCMG—consistently provide the City with the best pricing for servers, data storage, virtual memory, and t he associated software and hardware needed to maintain the City’s technology services. Staff seeks the authority to purchase needed hardware and s oftware from these vendors over the period between FY 2013/14 and FY 2017/18 in order to procure needed hardware and software technology in an amount not to exceed $3,500,000 over a five-year period.

1

Background The Information Systems Department (ISD) is responsible for the procurement of technology on behal f of all City departments. ISD has implemented and maintains a secure, state-of-the-art technology infrastructure using best-in-class technologies. Equipment must be purchased in order to maintain the stability of this technology infrastructure and support the implementation of new systems to provide improved government services. This existing technology infrastructure requires the City purchase specific hardware and software in order to be compliant with the existing infrastructure, security standards, and business applications. T he City’s business applications must operate on HP virtual server technologies with Dell hardware and VMWare virtual memory to store electronic content and documents. Discussion Staff oversees the purchase of computer hardware and software based on established City purchasing guidelines, seeking competitive pricing for all hardware and s oftware purchased for the City. Consistently, CDWG, EnPoint, Nth Generation, and PCMG submit quotes that have the best pricing when the City seeks to purchase HP virtual servers, Dell hard drives, VM Ware virtual storage, security equipment and the associate hardware and software. Vendor Selection CDWG, EnPoint, Nth Generation, and PCMG supply the needed technologies at the best value for the City as established by a series of competitive bids for these products, providing the best pricing in 31 competitive bids held during this fiscal year. These vendors provide best-pricing for HP virtual servers, Dell hard drives, VM Ware virtual storage, security equipment, and the associate hardware and software needed to operate these products.

2

The pricing for these purchases was established through multiple informal competitive bid processes by getting bids from multiple vendors. Through competitive processes conducted this fiscal year, staff has identified that CDWG, EnPoint, Nth Generation, and PCMG consistently provide the best pricing. The result is that the City has reached the $100,000 threshold requiring Council approval with both of these vendors this fiscal year and will continue to do so over the next five years. Staff seeks Council approval to spend up t o $150,000 with CDWG, $200,000 with EnPoint, $200,000 with Nth Generation, and $150,000 with PCMG each year, for an a mount not to exceed $3,500,000 over the next five years.

Staff will continue to competitively bid these

purchases and comply with the City’s purchasing guidelines to ensure the City received the best pricing and service possible. Financial Impacts & Budget Actions Hardware and software purchases are funded from various budgets, including department operational budgets, grants and capital improvement projects. Staff seeks Council approval to make necessary purchases of hardware and software technology in an amount not to exceed $150,000 with CDWG, $200,000 with EnPoint, $200,000 with Nth Generation, and $150,000 with PCMG each year, resulting in a total not to exceed $3,500,000 for the period between FY 2013/14 and FY 2017/18. Software and hardware will only be purchased if funds are available. Funds for purchases in FY 2013-15 have been included in the FY 2013-15 Proposed Budget, pending Council approval. Budget authority for subsequent years will be r equested in each budget cycle for Council approval. Future funding is contingent upon Council approval and budget adoption. Prepared by: Christopher Smith, Sr. Administrative Analyst Approved:

Forwarded to Council:

Jory Wolf Chief Information Officer, Information Systems

Rod Gould City Manager 3

4

City Council Report

City Council Meeting: June 25, 2013 Agenda Item: 3-D To:

Mayor and City Council

From:

Karen Ginsberg, Director, Community and Cultural Services

Subject:

Commemorate the Life and Achievements of World-Famous Tennis Pioneer Gussy Moran

Recommended Action Staff recommends that the City Council commemorate Santa Monica native and worldfamous tennis pioneer Gussy Moran by naming the Stadium Court at Reed Park, Gussy Moran Stadium Court, and install didactic signage on the wall adjacent to the Stadium Court that would provide a history of her achievements. Executive Summary At the February 12, 2013 City Council meeting, Council directed staff to explore ways in which Santa Monica native and w orld-famous tennis pioneer Gussy Moran could be commemorated at a Santa Monica public tennis facility. M s. Moran passed away in January, 2013. Staff reviewed published articles documenting her accomplishments, spoke with tennis enthusiasts and professionals within the community who knew her, conducted a s ite visit, and sought a recommendation from the City’s Recreation and Parks Commission. The recommendation from the Recreation and Parks Commission and outreach to the tennis professionals within the community showed support for naming the Stadium Court at the Reed Park tennis facility the Gussy Moran Stadium Court. Staff recommends that in addition to adding the court signage, a permanent didactic sign be installed on the wall adjacent to the Stadium Court that would provide biographical information about Ms. Moran. Background The City Council adopted a p olicy for naming City-owned land, buildings and facilities on July 9, 2002 which established formal guidelines and a procedure for considering appropriate names (Attachment A). 1

Gussy Moran, who passed away in January 2013, was born in Santa Monica on September 8, 1923 in a Victorian house on Ocean Avenue overlooking the Pacific Ocean. S he learned to play tennis at the age of 11, playing at Santa Monica High School and sometimes was invited to play at Charlie Chaplin’s house with Greta Garbo and Olivia de Havilland. She joined the amateur tennis circuit in 1947 when she was in her 20’s and was ranked as high as No. 4 in the world. In 1949, Ms. Moran played in the quarterfinals of Wimbledon and made a fashion splash by wearing a short skirt that revealed lace panties for which she was remembered throughout her life and led to her nickname “gorgeous Gussy”. I n 1950 s he retired from amateur tennis and signed a one-year contract to play on a professional tour managed by Bobby Riggs. S he went on to work as a sports director in radio and television as well as continued to compete in tournaments into her early 40’s.

Upon her death, it was reported that her friends

gathered and spread her ashes into Santa Monica Bay. (Attachments B-D) At the February 12, 2013 Council meeting, Council directed staff to return with a recommendation for a memorial to commemorate the life and achievements of Gussy Moran. In response, staff spoke with members of the tennis community including Marguerite Jorgensen, Santa Monica Tennis Club President; Bill Nissley, City contracted tennis tournament director; Lou Bock, long time City tennis reservation employee; and Jack Neworth, a tennis writer and friend of Ms. Moran’s. Staff also conducted a site visit at the Reed Park tennis courts where Ms. Moran had played and visited later in her life. Discussion Guidelines established in 2002 di rect the Council and i ts advisory bodies to consider commemorating persons who have “served the City, in an exceptional manner” and/or “served the State of Nation in an exceptional manner and who have an association with the City.” The staff report suggested that recognition “may be given by installation of a plaque or appropriate signage, installation of a marker or artwork, or other means 2

appropriate to the setting.” During conversations with members of the tennis community, staff was informed that Ms. Moran regularly played tennis as a youth at the Reed Park courts as well as later in her life. When she was no longer able to play, she would watch others play from the stadium bleachers located adjacent to Stadium Court. Based on this information, staff recommends that signage be i nstalled naming the Stadium Court, Gussy Moran Stadium Court. S igns to match the type and d esign of existing park signage would be installed on fencing at the two entrances to the court: 1) next to the tennis reservation check-in window on the northeast side of the court; and 2) at the southeast gate entrance. Staff also recommends that a permanent didactic sign be installed on the wall adjacent to the bleachers on the southwest side of Stadium Court. The didactic sign would include biographical information summarizing her life achievements and could incorporate a photo of Ms. Moran. (Attachment E) Commission Action At the April 18, 2013 Recreation and Parks Commission meeting, the Commission unanimously adopted a motion to recommend to the City Council that Santa Monica native and world-famous tennis pioneer Gussy Moran be commemorated by naming the Stadium Court at Reed Park tennis facility, Gussy Moran Stadium Court, and by installing a per manent wall plaque in her honor at the tennis facility.

They also

suggested that photos of Ms. Moran be featured in a display case at the tennis facility. Next Steps Pending Council approval and following fabrication of signage, a dedication will be planned at a tennis event to be scheduled in late summer or early fall, 2013.

3

Financial Impacts & Budget Actions The estimated cost for the new signs is $1,200. Funds for the signs are available in the FY 2012-13 Capital Improvement Program budget in account C536009.589000.

Prepared by: Wendy Pietrzak, Acting Community Use Administrator

Approved:

Forwarded to Council:

Karen Ginsberg Director, Community & Cultural Services

Rod Gould City Manager

Attachments: A. B. C. D. E.

Resolution 9779 – Naming Public Facilities Los Angeles Times Article – January 17, 2013 New York Times Article – January 18, 2013 Los Angeles Times Article – January 19, 2013 Photos of Reed Park Tennis Facility Courts and Sign Placement

4

Attachment B

Gussy Moran dies at 89; tennis player caused Wimbledon uproar with short skirt Her tennis talents took her to a No. 4 ranking among U.S. women and into the seventhseeded spot in the 1949 tournament. She left the amateur circuit to turn pro in 1951 and travel with a touring group.

Gussy Moran races across Centre Court to make a return shot at Wimbledon,… (Associated Press )

January 17, 2013, Bill Dwyre, Los Angeles Times Gussy Moran, who gained both international fame and notoriety by wearing a short skirt and lace panties in the 1949 Wimbledon tennis tournament and who lived a life of celebrity for many years, died Wednesday night in her small Los Angeles apartment in the shadow of Paramount Studios. She was 89. According to a friend, Lovey Jurgens, Moran suffered from colon cancer and had been home about a week after an 11-day stay at Good Samaritan Hospital. Moran was born Sept. 8, 1923, and grew up in a Victorian home on Ocean Avenue in Santa Monica that still stands. Its address is 1323, and it was built by her grandfather in 1870. Her father, Henry, was a sound technician at Universal Studios and her mother, Emma, a homemaker. She started playing tennis at Santa Monica High School and always said she loved living in the big old house because she could "run out the door and across the street to the ocean." Among those encouraging her to pursue her tennis career was movie star Charlie Chaplin, who also got her auditions for bit parts in movies. She landed a small role in the 1952 movie "Pat and Mike," with Spencer Tracy and Katharine Hepburn. Her tennis talents took her to a No. 4 ranking among U.S. women and into the seventh-seeded spot in the 1949 Wimbledon tournament. Moran, whose given name was Gertrude and always preferred to be known as "Gussy" not "Gussie," wanted to make a fashion splash at Wimbledon that would be in line with her outgoing personality and showcase her pretty legs. She asked one of the official hosts, Ted Tinling, to help her design an outfit. Tinling did, and an uproar ensued.

1

The skirt was well shorter than the Wimbledon norm of the day and allowed her to show off lace panties. The photographers scrambled for low-angle shots and Wimbledon officials fumed and called her, and her outfit, a disgrace. She lost in her first-round singles match, but made it to the final in doubles before losing. She also reached the semifinals of the U.S. Open in singles and won other national titles in singles and doubles. She ended up being overwhelmed by the attention and may have never reached her potential because of the Wimbledon incident. She later told friends that, when she got home, she took the lace panties and dumped them in a garbage can. In the days when Moran played, tennis was mostly an amateur sport. Moran left the amateur circuit to turn pro in 1951 and travel with a touring group organized by Bobby Riggs. That turned out to be a financial, athletic and personal disaster. She never got the money she was promised, she lost most of her matches to nightly opponent Pauline Betz, and her future was left up in the air. She was a television sportscaster in Los Angeles for a while before moving to New York to do the same. During one stint in the mid-1950s, she did pregame and postgame feature shows on the Dodgers, where she met and dated sportswriter Roger Kahn, eventual author of the classic baseball book "The Boys of Summer." "She knew about as much about baseball as I knew about polo," Kahn said. "But she was a delightful person, just great fun to be with." She never quite escaped the pretty-legs and lace-panties imagery, nor did she always run from it. From the moment she took the court in that infamous moment at Wimbledon in 1949, she went from being Gussy Moran to "Gorgeous Gussy" Moran. The name stuck for the rest of her life and the fame lasted a long time. She had a ship, a play and a racehorse named after her. Kahn said Moran used to play volleyball with him during spring training in Vero Beach, Fla., "and I'd look up and there would be 20 baseball players watching." Kahn said that the Dodgers' director of publicity at that time, Red Patterson, once asked her to leave training camp because she was "a distraction." Tennis legend Jack Kramer, who traveled on the pro tour with her, later called her "the Anna Kournikova of her time." She married three times but had no children. The first marriage, at age 19, to a pilot, was annulled. Her second, to trucking executive Eddie Hand, ended in divorce. Her third, to Los Angeles-area lawyer Frank "Bing" Simpson, also ended in divorce. For one of her engagements, Chaplin held a party at his mansion. She eventually moved back into the home on Ocean Avenue in Santa Monica, but couldn't afford to keep it after her mother died. In 1986, after battling tax liens and turning down an offer of $1 million for the house, she was evicted. She moved into a small apartment off Melrose and, with a small amount of Social Security and help from friends — including monthly checks from an anonymous person in Australia often wired to the Los Angeles Tennis Club — stayed there until her death. One of her final jobs was working in the gift shop at the L.A. Zoo. [email protected]

2

Attachment C

New York Times Gussie Moran, a Tennis Star Who Wore a Daring Wimbledon Outfit, Dies at 89

George W. Hales/Fox Photos, via Getty Images

Gussie Moran gives the crowd a glimpse of her much publicized lace panties as she races across court to make a return shot in a match at Wimbledon in 1949. By LENA WILLIAMS Published: January 18, 2013

Gussie Moran, who as a ranked American tennis player in 1949 caused an international stir and gained worldwide fame for competing at Wimbledon while wearing a short skirt and lace-trimmed underwear, died on Wednesday at her home in Los Angeles. She was 89. She had recently been hospitalized with cancer, Jack Neworth, a tennis writer and friend, said. Moran’s daring outfit worn in a bastion of English propriety won her more renown than her tennis playing, though she was ranked as high as No. 4 in the United States, won the United

1

States women’s indoor championship in 1949 and reached the quarterfinals that year at Wimbledon. By the end of her life she had come to know hardship — bouncing from job to job, living in near squalor, telling of abortions and rape. At her death she lived in a small apartment. But for a time, more than half a century ago, she was a household name around the world. A racehorse, an airplane and a sauce were named after her. Moran, who was 25 at the time, arrived in London for Wimbledon in June 1949 with a new outfit in mind, having already reached out to the British designer Teddy Tinling to create one. “I wrote him a letter prior to Wimbledon, asking him if he would design me something with one sleeve one color, the other sleeve another color and the shirt another color,” Moran told The Orlando Sentinel in 1988. “He wrote back, ‘Have you lost your mind?’ ” Tinling, a former tennis player and for many years the official Wimbledon host, told The Associated Press during the tournament that Moran had asked him to make her “look more feminine.” Sticking to Wimbledon’s all-white dress code, Tinling came up with a white silk sun-top jersey with a tight waist and bodice and a short skirt that boldly bared her knees. Underneath were matching white silk jersey panties trimmed with two inches of open lace. Moran displayed her outfit during a pretournament tea party at the Hurlingham Club, instantly inspiring a nickname. “Gorgeous Gussie’s Lace-Fringed Panties No. 1 Attraction on Wimbledon’s Courts,” a headline in The New York Times declared after the tea party preview. By the time of her opening match, photographers were jostling for position, many lying flat, the better to catch the most risqué angle as she served the ball. They were not disappointed. “The fringed panties are very much in evidence when Gussie races across the court or leaps for a high shot,” The A.P. reported. Moran, who was noted for a powerful forehand, won her match, defeating Bea Walter of Britain, but it was her underwear that became front-page news and a subject of debate in the British Parliament. The All England Lawn Tennis and Croquet Club, the home of Wimbledon, accused Moran of “bringing vulgarity and sin into tennis.”

2

Although Moran did not wear the lace panties for the rest of the tournament, the sensation they caused made her one of the biggest attractions in women’s tennis. She made a cameo appearance in the 1952 sports movie “Pat and Mike” with Spencer Tracy and Katharine Hepburn. The newspapers reported on her romantic life. And her underwear, soon christened “Gussie panties,” started a trend. Women began taking to the court in lace panties, T-shirts and plunging necklines. “Gussie was the Anna Kournikova of her time,” the former tennis champion Jack Kramer told The Los Angeles Times in 2002, referring to the Russian star and sometime model. “Gussie was a beautiful woman with a beautiful body. If Gussie had played in the era of television, no telling what would have happened. Because, besides everything else, Gussie could play.” But there were negative repercussions, too. Wimbledon banned short dresses from the tournament. By 1950 there were grumblings among the tennis elite that the attention Moran had received was unmerited, in light of her being ranked seventh among American women at the time. In 1951 the United States Lawn Tennis Association banned lace panties and lowneckline attire from its tournament in Forest Hills, Queens, that would become the United States Open. Tinling had to resign as official Wimbledon host and was not to be welcomed back until 1983, seven years before his death. In the meantime he had designed tennis wear for players like Chris Evert, Evonne Goolagong, Martina Navratilova and Virginia Wade. Tennis wear evolved as well, rendering Moran’s outfit relatively tame by today’s standards. “Gussie wasn’t a revolutionary,” Tinling once told The Times. “She wore the dress for two reasons. She wanted to look good, and the shorter dresses allowed her to move more freely on the court.” Gertrude Agusta Moran was born on Sept. 8, 1923, in Santa Monica, Calif., and grew up in a grand Victorian house overlooking the Pacific Ocean. Her father, Harry, was a sound technician at Universal Studios, and her mother, Emma, was a housewife. Moran said she learned to play tennis when she was 11. While competing on a junior circuit, she and other young players were sometimes invited to play at Charlie Chaplin’s house on Sunday afternoons, trading volleys with stars like Greta Garbo and Olivia de Havilland. During World War II, after her older brother was declared missing in action, Moran joined the war effort, going to work at the nearby Douglas Aircraft Company.

3

She was well into her 20s when she joined the amateur tennis circuit, in 1947, relatively late for a newcomer. But in nine months she won three major tournaments. Her victory in the National Indoor Tennis Tournament in March 1949 was on the wooden courts at the Seventh Regiment Armory in Manhattan, where she defeated Nancy Chaffee. Moran retired from amateur tennis in August 1950 and signed a one-year, $75,000 contract to play on a professional tour run by Bobby Riggs. Playing alongside Pauline Betz, Moran did not do well on the tour and left it after the year was up. She then began playing exhibition matches at military bases and hospitals as part of a tour managed by the tennis great Bill Tilden. She also joined a U.S.O. tour. Moran went on to work in radio as a sports director and in television hosting interview shows, all in Los Angeles. She was also a radio sportscaster in New York on WMGM, marketed her own line of tennis clothes, wrote for tennis magazines and taught tennis. In 1970 she joined a U.S.O. tour in Vietnam and sustained broken bones when a helicopter in which she was riding was shot down. She continued to compete in tournaments into her early 40s, Neworth said. She also publicly spoke of having abortions and of being found backstage beaten and raped during a Lawrence Welk concert at a Santa Monica centennial celebration. There was no arrest. Moran had three marriages, none lasting more than two years. She had no children. In her later years she went from job to job, often living in reduced circumstances after losing her home in the 1980s. At one point, largely supported by friends and fans, she was reported to be living with cats in a single room in a run-down building in Hollywood, the curtains made of bedsheets. In recent years she sold her tennis memorabilia and autographs online. At the height of her celebrity, Moran expressed frustration with all the attention she was receiving, some of it, in the gossip columns, exasperating. It was a Wimbledon title that she wanted more than anything else, she said. “Publicity follows me,” she wrote in an article for The A.P. at the time. “I cannot help it if people cook up phony quotes about engagements with tennis players I’ve never even seen off the court. I am interested in clothes I can play tennis in, not in creating a sensation and certainly not in anything anyone at all would consider in poor taste.” Daniel E. Slotnik and William McDonald contributed reporting.

4

This article has been revised to reflect the following correction: Correction: January 24, 2013 An obituary on Saturday about the tennis star Gussie Moran, who became famous for competing while wearing a short skirt and lace-trimmed panties, misstated the name of a tournament at which similar attire was later banned, and the year that ban was issued. It was the United States National Championship, not the United States Open, and the year was 1951, not 1952. (The tournament’s name was changed to the United States Open in 1968, when professionals were first allowed to compete.) Because of an editing error, the obituary also misidentified WMGM in New York, where Ms. Moran was at one time a sportscaster. It was a radio station, not a television station.

5

Attachment D

Friend's love kept tennis star Gussy Moran in the game to the end January 19, 2013|Bill Dwyre

When the former Wimbledon competitor struggled in poverty late in life, a well-off tennis enthusiast stepped in to help. Financial support led to a longtime friendship. Everyone deserves life with dignity in their final years, whether you dug ditches or played tennis on the world's most famous stages. Gertrude "Gussy" Moran did the latter. She also got that deserved dignity because of the extraordinary kindness of a woman possibly as quirky as Moran was herself — this other woman wears a $15,000 Rolex that she painted purple with nail polish to hide the gold. We shall call her Lovey Jurgens, because that's what she will allow us to call her. Nothing else. No bending. No exceptions. The Los Angeles tennis community knows who she is and everybody else only needs to know that her story is true and exceptional. Twelve years ago, Jurgens got an email from Mark Winters, an official at the Southern California Tennis Assn. Winters knew that Jurgens, then in her late 40s, was a woman of means and somebody who played tennis, taught it and cherished the idea of preserving its memories. The email said that Gussy Moran, the famed "Gorgeous Gussy" of Wimbledon lace-panties fame, was within 36 hours of being evicted from her small apartment near Paramount Studios in Los Angeles. "Can you help?" the email asked. Jurgens was there in 30 minutes and has been back to the small apartment with the "1/2" in its address thousands of times in those 12 years. Her last trips were Thursday and Friday, when she cleaned it out for the final time. Moran, 89, had died there Wednesday night. "There is a big hole in my heart," Jurgens says, "but being with Gussy was worth every ounce of energy I used and every penny I spent." Moran was written off years ago by many in the Los Angeles tennis community, especially by those who didn't care enough to make the effort to really know her, as a hopeless recluse. She was a worldclass tennis player in her prime — she got to one doubles final at Wimbledon — but not a Pauline Betz or an Alice Marble. She was a friend of Charlie Chaplin, she was married and divorced three times, she held jobs in television and other media, but never for long. Besides, her fame had been gained, not completely to her dismay, by wearing a short skirt that revealed lace panties at Wimbledon in '49. Moran, whose given name was Gertrude and always preferred to be known as "Gussy" not "Gussie," wanted to make a fashion splash at Wimbledon that would be in line with her outgoing personality and showcase her pretty legs.

1

Today, her outfit would be considered modest, even bland. But in 1949, it set photographers and Wimbledon officials into a tizzy, each for a different reason. By the time Jurgens showed up at her door, life had left Moran with a modest monthly Social Security check and little else. There were rags stuffed into cracks around the windows, little furniture and barely enough to make ends meet. What remained was plenty of spirit. They became friends. They argued and disagreed, but never split. Moran accepted her fate, but was also fiercely independent. Every month or so, Jurgens would give her a packet of cash, usually $2,000 in either $10 bills or $20 bills. She also hired a driver for her so Moran could get to things such as doctors' appointments. "But she wanted her own driver, one that we had fired," Jurgens says. "So she kept him and paid him herself. He was handsome, and she never lost her eye for a good-looking man." Besides her three husbands, Moran had many lovers and once told author and noted sportswriter Roger Kahn, whom she also dated, that the most amazing thing she had ever done in her life was "the night I went to bed with King Farouk." Moran had cats in her apartment, which became part of the recluse bag-lady image. But Jurgens says she was never a classic cat lady. "They found her," Jurgens says. "She didn't find them. She just kept food out so they wouldn't starve. None of them had names." Moran stayed contemporary. A friend introduced by Jurgens, columnist Jack Neworth of the Santa Monica Daily Press, mentioned Bono to Moran one day on the phone and she quickly told him that she was quite fond of U2. "Eighty-nine years old and she knows U2," Neworth says. She didn't bemoan modern-day tennis or make fun of the advantages of the new equipment. She just told Jurgens she would have loved to have tried some of those rackets. "To the end," Jurgens says, "Gussy was alert, aware and amazing." When the colon cancer got bad recently and Moran was hospitalized at Good Samaritan, where Jurgens says she was treated like "VIP royalty," there was a need to establish her next step. The options were nursing homes or home hospice. Home hospice was a problem because Moran's apartment had no stove, refrigerator or microwave. Moran wanted to go home, so Jurgens bought the stove, refrigerator and microwave. And more. "It was just a week ago, and we were sitting on her hospital bed, looking at carpet colors," Jurgens says. "I had all the whites and the beiges, but I knew she always wanted a red carpet. She said, 'C'mon, girl. Let's go red.'" By the end of the next day, the appliances and all the red carpet were in. Next, Moran had to sign herself out, to the hospice care, which is usually the final stop before death.

2

"So there she is," Jurgens says, "knowing what she is signing, and she is telling the nurses to be nice to me — yes, to me — because I had lost my husband this summer. That was her. Complicated and full of love." Sometime next week, when Jurgens, as executor of Moran's will, gets the ashes, a group of friends will gather and release them into Santa Monica Bay. That was Moran's wish. It will be a dignified ceremony for a life that ended in dignity. That was Jurgens' doing. [email protected]

3

Attachment E

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 3-E To:

Mayor and City Council

From:

David Martin, Director Planning and Community Development

Subject:

Amendment to Continue Safe Routes to School Bicycle and Pedestrian Safety Program

Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to Contract No. 9603 in the amount of $70,000 with Alta Planning + Design (Alta), an Oregon-based company, to continue implementation of the Safe Routes to School Program (SRTS). This will result in a two-year amended contract with a new total amount not to exceed $398,000. Executive Summary The City was awarded grant funds to create a Safe Routes to School (SRTS) Pilot Program in four schools during the 2012/2013 school year. Alta Planning + Design was selected to create and implement the pilot program which includes bicycle and pedestrian education, encouragement, training, and an evaluation process at the four schools: Will Rogers Learning Academy, Roosevelt Elementary School, John Adams Middle School, and Lincoln Middle School. This contract amendment would provide additional resources to sustain critical components of the program and promote the institutionalization of the program within the City and Santa Monica-Malibu Unified School District (District) at a cost of $70,000. Background This project seeks to facilitate a change in behavior among school children and parents to increase walking and biking to school, an obj ective of the City’s Land Use and Circulation Element (LUCE) and Bicycle Action Plan. S afe Routes to School projects facilitate the implementation of City policy by teaching rules of the road and encouraging safe travel behavior which decreases the likelihood of collision and injury. I ncreased walking and bi king can reduce traffic in school zones which lowers the potential for collisions, and promotes a healthy lifestyle that can reduce the incidence of chronic diseases like diabetes and obesity among children.

1

The City was awarded a grant from Metro in the amount of $85,000 to complete bicycle safety training, and another grant from the federal Safe Routes to School program for $197,000 for a bicycle and pedestrian pilot project. Both grants, together with $46,000 in local match were combined to implement the Pilot Program, which Council authorized the initial contract execution on June 12, 2012. Since that time changes to Federal and State transportation funding through MAP-21, the Moving Ahead for Progress in the 21st Century Act, have significant reduced grant funds available for SRTS programs. The SRTS Pilot Program for the 2012/2013 school year has resulted in an assortment of educational materials, bike and pedestrian training resources, encouragement activities, physical site solutions, and an evaluation process intended to further the SRTS program within Santa Monica. Specific accomplishments include: •

Education – Piloted Santa Monica’s first bicycle and pedestrian skills and safety curriculum for elementary and m iddle school students. Bicycle skills training so far reaching more than 200 children and families.

•

Encouragement – Hosted the first-ever Family Bike Fest with more than 200 families attending. Held “Kidical Mass” family bike ride for 150 children and families. Implemented the Car Free contest that gave awards to students who walked and biked to school the most. Arranged a number of special activities to reward students during the Walk It Bike It week celebration. Provided resources to families considering starting a Walking School Bus or Bicycle Train.

•

Infrastructure – Completed Walk Audits at each of the four pilot schools assessing site specific infrastructure issues and solutions to improve walking and biking.

•

Evaluation – Completed student and parent surveys to measure travel mode and impediments to walking and biking.

•

Outreach – Created monthly e-newsletter and website to raise awareness of the SRTS program and inform children and parents. Presentations to ParentTeacher Associations and the District Advisory Committee on Health and Safety.

Discussion The amended contract would build upon t he existing grassroots efforts of volunteers, teachers, and faculty, and take steps to formalize a SRTS program. Additional resources are needed to sustain the momentum generated by the pilot program, to establish institutional responsibilities and to identify financing options to make the 2

program sustainable. The overall objective is to create a model bicycle and pedestrian program that encourages more students to bicycle and walk to school, teaches the rules of the road, and considers operations and enforcement strategies to assist children in arriving to school safely. Each of the four pilot school campuses has received a full school year of walk and bike to school programs that can be implemented, evaluated, and replicated from year to year. It is now important to invest in continuing the program within the pilot schools, and encourage the program to transfer to additional schools and locations. Critical to this effort is to ensure the sustainability of the program by institutionalizing its components within the partner agencies, rather than solely relying on volunteer efforts of interested parents or staff, which will continue to be important but can be i nherently transitory in nature. The new scope of work would include the following tasks: 1) facilitate the development of formal roles and responsibilities for the implementation of SRTS, and 2) continuation of encouragement and e ducation activities. This project is intended to enhance safety through education, training and encouragement and does not involve the construction of infrastructure. This contact amendment would be funded solely with general fund resources. Consultant Selection Alta Planning + Design was procured competitively through a Request for Proposals (RFP) process in 2012. Alta is a Portland, Oregon corporation, with an e mphasis in transportation planning and design. Alta has extensive experience in the creation and implementation of various SRTS programs throughout the United States. They have provided excellent service in a c ompact schedule, showing they can continue to complete the work within the necessary timeframe. Furthermore, continuing with the same consultant provides the continuity and benefit of learned knowledge of the complex City and District institutional structures, saving considerable time and resources.

3

Financial Impacts & Budget Actions The contract amendment to be awarded to Alta Planning + Design is $70,000, for an amended contract total not to exceed $398,000. Funds are available in the FY 2012-13 budget in division 01267; contract will be charged to account 01267.555060. Prepared by: Peter Dzewaltowski, AICP, Transportation Planning Associate

Approved:

Forwarded to Council:

David Martin, Director Planning and Community Development

Rod Gould City Manager

4

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 3-F

To:

Mayor and City Council

From:

Sarah Gorman, City Clerk

Subject:

Resolution Approving Revisions to the City-wide Records Retention Schedule and Records

Recommended Action Staff recommends that the City Council adopt the attached resolution approving the revisions to the City-wide Records Retention Schedule (“Schedule”). Executive Summary The City-wide Records and Information Management Program was approved by Council in December 1997 and Records Retention Schedules were established for documents in each department. Departmental revisions to the Schedule are an ongoing part of the maintenance and implementation of the program. The last revision was approved by Council in 2012. A doption of this proposed resolution updates the Schedules for various departments. Discussion The revised Schedule is a result of reviews of Department’s records conducted during the past year. As new forms are created, as existing forms become obsolete, as individual departments’ policies change, as laws change and Department/Division names change, the Schedule is updated.

Revisions are periodically presented to

Council for approval. During the past year, many new record series were added to the Schedule and retention periods were revised for various documents in all departments. The revised schedule was reviewed by Division and Department Heads and approved by the City Attorney and the City Clerk.

1

The destruction process requires written authorization from the Department Head, the City Attorney, and t he City Clerk. When there is a pos sibility of litigation or an au dit, related documents will not be des troyed. R ecords will be k ept for one y ear after the lawsuit/audit is settled or until deemed appropriate for destruction by the City Attorney. Financial Impacts & Budget Actions There is no immediate financial impact or budget action necessary as a r esult of the recommended action. Prepared by: David L. Willis, Records Management Coordinator

Approved:

Forwarded to Council:

Sarah Gorman City Clerk

Rod Gould City Manager

Attachments: Exhibit A – Resolution Approving Records Retention Schedule

2

City Council Meeting 6-25-13

Santa Monica, California

RESOLUTION NUMBER ____ (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING A REVISED CITY-WIDE RECORDS RETENTION SCHEDULE WHEREAS, California Government Code Sections 34090 et seq., set forth certain legal requirements regarding the retention of certain municipal records; and WHEREAS, the adoption and i mplementation of the revised City-wide records retention schedule for the City of Santa Monica is necessary to ensure the orderly, efficient and economic conduct of the public’s business; and WHEREAS, the City Clerk’s Office has inventoried the records presently maintained by all departments within the City, and has determined which of those records are vital, which should be pr eserved and w hich should be di scarded, and w hat the retention schedule should be for those records; and WHEREAS, the proposed revised City-wide retention schedule was reviewed by Department Heads, the City Attorney, and the City Clerk. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

1

SECTION 1. The revised City-wide records retention schedule attached hereto as Exhibit “1”, is hereby approved and adopted and Resolution No. 10678 (CCS) is hereby repealed in its entirety. SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:

________________________ MARSHA JONES MOUTRIE City Attorney

2

City of Santa Monica City-wide Records Retention Schedule 2013 (Proposed)

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

BBB - Executive

Complaints - ADA

Yes

No

7Y

7Y

CGC34090/DP

BBB - Executive

Contracts/Agreements

Yes

No

ACT + 2Y

ACT + 2Y

CGC34090/DP

BBB - Executive

Grievances/Internal Complaints

Yes

No

5Y

5Y

CGC34090/DP

BBB - Executive

Project Files

Yes

No

ACT + 2Y

ACT + 2Y

CGC34090/DP

BBB - Executive

Short Term Planning Files

Yes

No

3Y

3Y

CGC34090/DP

BBB - Finance & Grants

Contracts/Agreements, Funding

Yes

No

ACT + 3Y

ACT + 3Y

CGC34090/DP

BBB - Finance & Grants

Credit Card Receipts

Yes

No

7Y

7Y

CGC34090/DP

BBB - Finance & Grants

Dispatch Worksheet

Yes

No

2Y

10Y

US:26CFR31.6001.1

BBB - Finance & Grants

Grants, Capital

Yes

No

ACT + 3Y

ACT + 3Y

CGC34090/DP

BBB - Finance & Grants

Grants, Operational

Yes

No

ACT + 3Y

ACT + 3Y

CGC34090/DP

BBB - Finance & Grants

National Transit Database Reports (NTD)

Yes

No

ACT

ACT + 20Y

CGC34090/DP

BBB - Finance & Grants

Project Files, Financial Data

Yes

No

ACT + 3Y

ACT + 3Y

CGC34090/DP

BBB - Finance & Grants

Reports, Payroll

Yes

No

2Y

2Y

CGC34090/DP

BBB - Finance & Grants

Reports, Revenue

Yes

No

2Y

10Y

CGC34090/DP

BBB - Finance & Grants

RFP, Rejected, Federally Funded

Yes

No

ACT + 2Y

ACT + 2Y

CGC34090/DP

BBB - Finance & Grants

RFP, Rejected, Non-Federally Funded

Yes

No

1Y

1Y

DP

BBB - Finance & Grants

Short Range Planning Files

Yes

No

ACT

ACT + 30Y

CGC34090/DP

Tuesday, May 28, 2013

8Y

20Y

8Y

30Y

Page 1 of 56

Dept/Div

Records Series Title

Original Vital

In Office

BBB - Finance & Grants

STA/TDA Claims

Yes

No

ACT + 2Y

BBB - Finance & Grants

State Controller Reports (SCR)

Yes

No

ACT

BBB - Finance & Grants

Surveys

Yes

No

BBB - Finance & Grants

Time Sheets

Yes

BBB - GCR

Advertising Master Sales Agmt

BBB - GCR

In Storage

Total Retention

Legal Citation

ACT + 2Y

DP

20Y

ACT + 20Y

CGC34090/DP

ACT

10Y

ACT + 10Y

CGC34090/DP

No

2Y

8Y

10Y

CGC34090/DP

Yes

No

ACT + 4Y

ACT + 4Y

DP

Artwork, Original

Yes

No

PERM

PERM

DP

BBB - GCR

Awards Program Applications

Yes

No

5Y

5Y

CGC34090/DP

BBB - GCR

Contracts/Agreements

Yes

No

ACT + 2Y

ACT + 2Y

CGC34090/DP

BBB - GCR

Customer Feedback

Yes

No

2Y

2Y

CGC34090/DP

BBB - GCR

Customer Feedback Database

Yes

No

10Y

10Y

CGC34090/DP

BBB - GCR

Department Event Files

Yes

No

1Y

10Y

11Y

CGC34090/DP

BBB - GCR

Historical Files

Yes

Yes

PERM

PERM

PERM

DP

BBB - GCR

Long Term Planning Files

Yes

No

3Y

7Y

10Y

CGC34090/DP

BBB - GCR

Metro Long Term Planning Files

Yes

No

2Y

IND

IND

CGC34090/DP

BBB - GCR

Newsletter

Yes

No

PERM

PERM

PERM

DP

BBB - GCR

Project Files

Yes

No

ACT + 2Y

ACT + 2Y

CGC34090/DP

BBB - GCR

Project Files, Marketing

Yes

No

4Y

4Y

CGC34090/DP

BBB - GCR

Receipts, Cash

Yes

No

3Y

3Y

CGC34090/DP

BBB - GCR

Reports

Yes

No

4Y

4Y

CGC34090/DP

BBB - GCR

Request for Proposal, Rejected

Yes

No

1Y

1Y

DP

Tuesday, May 28, 2013

PERM

Page 2 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

BBB - Maintenance

Certificates/Permits

Yes

No

ACT

ACT

CGC34090/DP

BBB - Maintenance

Environmental Reports

Yes

No

30Y

30Y

29CFR1910.120

BBB - Maintenance

Facility Expansion

Yes

Yes

LB

LB

LB

DP

BBB - Maintenance

Historical Files

Yes

Yes

ACT

PERM

PERM

DP

BBB - Maintenance

Personnel Files

No

No

E + 2Y

E + 2Y

DP

BBB - Maintenance

Reports

Yes

No

4Y

4Y

CGC34090/DP

BBB - Maintenance

Training Materials

Yes

No

S

S

CGC34090/DP

BBB - Maintenance

Vehicle Bid Specifications

Yes

No

U

U

DP

BBB - Maintenance

Vehicle Files

Yes

No

LV + 3Y

LV + 3Y

CGC34090/DP

BBB - Maintenance

Vehicle Pool Log

Yes

No

2Y

2Y

DP

BBB - Operations

AFMS Data, Electronic

Yes

No

3Y

3Y

CGC34090/DP

BBB - Operations

Compliance Certificates

Yes

No

ACT

ACT

CGC34090/DP

BBB - Operations

FCC Licenses, Current

Yes

No

S

S

DP

BBB - Operations

FCC Licenses, Sold

Yes

No

2Y

2Y

DP

BBB - Operations

General Memorandum (GM's)

Yes

No

1Y

2Y

3Y

CGC34090/DP

BBB - Operations

Long Term Planning Documents

Yes

No

3Y

3Y

6Y

CGC34090/DP

BBB - Operations

NTD Surveys

Yes

No

1Y

2Y

3Y

CGC34090/DP

BBB - Operations

Personnel Files

Yes

No

E + 2Y

E + 2Y

DP

BBB - Operations

Project Files

Yes

No

ACT + 2Y

ACT + 2Y

CGC34090/DP

BBB - Operations

Reports

Yes

No

4Y

4Y

DP

Tuesday, May 28, 2013

Page 3 of 56

Dept/Div

Records Series Title

BBB - Safety & Training

Accident Files

BBB - Safety & Training

Original Vital

In Office

No

No

1Y

Contracts/Agreements

Yes

No

BBB - Safety & Training

Dictaphone Recordings, Analog

Yes

BBB - Safety & Training

Dictaphone Recordings, Digital

BBB - Safety & Training

In Storage

Legal Citation

5Y

CGC34090/DP

ACT + 2Y

ACT + 2Y

CGC34090/DP

No

S

S

DP

Yes

No

7Y

7Y

CGC34090/DP

Drug Testing Files, Negative

Yes

No

3Y

3Y

CGC34090

BBB - Safety & Training

Drug Testing Files, Positive

Yes

No

6Y

6Y

49CFR653.31/DP

BBB - Safety & Training

DVR Recordings, Facilities Pending Litigation

Yes

No

TR/RM

TR/RM

CGC34090/DP

BBB - Safety & Training

DVR, Facilities

Yes

No

S

S

DP

BBB - Safety & Training

DVR, Vehicles

Yes

No

S

S

DP

BBB - Safety & Training

DVR, Vehicles Pending Litigation

Yes

No

TR/RM

TR/RM

CGC34090/DP

BBB - Safety & Training

Estimate Files

Yes

No

1Y

4Y

5Y

CGC34090/DP

BBB - Safety & Training

Long Term Planning Files

Yes

No

ACT

30Y

ACT + 30Y

CGC34090/DP

BBB - Safety & Training

Project Files

Yes

No

ACT + 2Y

ACT + 2Y

CGC34090/DP

BBB - Safety & Training

Reports

Yes

No

4Y

4Y

CGC34090/DP

BBB - Safety & Training

Safety Meetings

Yes

No

5Y

5Y

CGC34090/DP

BBB - Safety & Training

SPAB & VTT Training Sign-in Sheets

Yes

No

5Y

5Y

CGC34090/DP

BBB - Safety & Training

Training Materials

Yes

No

S

S

CGC34090/DP

CCS - Admin.

Audio Tapes

Yes

No

3Y

3Y

CGC34090

CCS - Admin.

Photos

Yes

No

PERM

PERM

PERM

CGC34090/DP

CCS - Admin.

Project Blueprints

No

No

IND

IND

IND

DP

Tuesday, May 28, 2013

4Y

Total Retention

Page 4 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

CCS - Admin.

R&P Commission Minutes

Yes

No

PERM

PERM

PERM

CGC34090

CCS - Admin.

R&P Commission Staff Reports

Yes

No

PERM

PERM

PERM

CGC34090/DP

CCS - Admin.

Subject Files

No

No

ACT

4Y

ACT + 4Y

CGC34090/DP

CCS - Admin.

Subject Files, Historical

No

No

PERM

PERM

PERM

CGC34090/DP

CCS - Beach Main.

Vendor Files

Yes

No

5Y

5Y

CGC34090/DP

CCS - Civic Auditorium

Cash Receipts

Yes

No

5Y

5Y

26CFR301.6501

CCS - Civic Auditorium

Event Historical Files

Yes

No

PERM

PERM

PERM

CGC34090/DP

CCS - Civic Auditorium

Show Files, One of a Kind

Yes

No

PERM

PERM

PERM

CGC34090/DP

CCS - Civic Auditorium

Show Files, Repetitive

Yes

No

ACT + 3Y

ACT + 3Y

DP

CCS - Comm. Recreation

ALL - Accident/Incident Reports

Yes

No

1Y

4Y

CGC34090/DP

CCS - Comm. Recreation

ALL - Contract Payment Forms

No

No

ACT + 1Y

ACT + 1Y

DP

CCS - Comm. Recreation

ALL - Daily Cash Receipt Reports

Yes

No

1Y

2Y

3Y

CGC34090/DP

CCS - Comm. Recreation

ALL - Fin Assistance Award/Denial Letters

No

No

1Y

2Y

3Y

CGC34090/DP

CCS - Comm. Recreation

ALL - Financial Assistance Applications

Yes

No

1Y

2Y

3Y

CGC34090/DP

CCS - Comm. Recreation

ALL - Permit Recipients Proof of Ins.

No

No

ACT

ACT

CGC34090/DP

CCS - Comm. Recreation

ALL - Purchasing Card Receipts

No

No

1Y

1Y

DP

CCS - Comm. Recreation

ALL - Req for Warrant (Contractors)

No

No

ACT + 1Y

ACT + 1Y

CGC34090/DP

CCS - Comm. Recreation

ALL - Req for Warrant (Non Contractors)

No

No

1Y

1Y

DP

CCS - Comm. Recreation

BBQ/Picnic Reservation Applications

Yes

No

1Y

1Y

DP

CCS - Comm. Recreation

Beach/Water Activity Permit

Yes

No

ACT

ACT + 2Y

CGC34090

Tuesday, May 28, 2013

3Y

2Y

Page 5 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

CCS - Comm. Recreation

Beach/Water Activity Permit Application

Yes

No

1Y

1Y

DP

CCS - Comm. Recreation

Classes - Instructor Agreements

Yes

No

ACT + 1Y

ACT + 1Y

DP

CCS - Comm. Recreation

Classes - Registration/Waiver Forms

Yes

No

ACT + 1Y

ACT + 1Y

DP

CCS - Comm. Recreation

Classes - Rejected RFP

Yes

No

1Y

3Y

CGC34090

CCS - Comm. Recreation

Drop-In Soccer Waiver Form

Yes

No

ACT + 1Y

ACT + 1Y

CGC34090/DP

CCS - Comm. Recreation

Events - Applications

Yes

No

3Y

3Y

CGC34090

CCS - Comm. Recreation

Events - Letter of Requirement

No

No

3Y

3Y

CGC34090

CCS - Comm. Recreation

Events - Permits

Yes

No

3Y

3Y

CGC34090

CCS - Comm. Recreation

Film Permit Site Approval Notice

Yes

No

1Y

1Y

DP

CCS - Comm. Recreation

Fitness Room Waiver Form

Yes

No

ACT + 1Y

ACT + 1Y

DP

CCS - Comm. Recreation

Gardens - Advisory Council Agendas

Yes

No

1Y

2Y

3Y

CGC34090/DP

CCS - Comm. Recreation

Gardens - Advisory Council Minutes

Yes

Yes

1Y

PERM

PERM

DP

CCS - Comm. Recreation

Gardens - Garden Applications

Yes

No

ACT + 5Y

ACT + 5Y

DP

CCS - Comm. Recreation

Gardens - Garden Partnership Registration

Yes

No

ACT + 1Y

ACT + 1Y

DP

CCS - Comm. Recreation

Gardens - License Agreements

Yes

No

ACT + 4Y

ACT + 4Y

CGC34090/DP

CCS - Comm. Recreation

Lawn Bowling Agreement

Yes

No

ACT + 4Y

ACT + 4Y

DP

CCS - Comm. Recreation

Leagues - Director Agreements

Yes

No

ACT + 1Y

ACT + 1Y

DP

CCS - Comm. Recreation

Leagues - Director RFP - Rejected

Yes

No

1Y

2Y

3Y

CGC34090

CCS - Comm. Recreation

Leagues - Player Waiver Forms

Yes

No

IND

IND

IND

DP

CCS - Comm. Recreation

Leagues - Team Registration

Yes

No

2Y

2Y

CGC34090/DP

Tuesday, May 28, 2013

2Y

Page 6 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

CCS - Comm. Recreation

Meeting Room Permit Applications

Yes

No

1Y

1Y

DP

CCS - Comm. Recreation

SMARS - Registration/Waiver Forms

Yes

No

1Y

1Y

DP

CCS - Comm. Recreation

SMARS - Volunteer Reg/Waiver Forms

Yes

No

1Y

1Y

DP

CCS - Comm. Recreation

Sports Advisory Council - Agends

Yes

No

1Y

2Y

3Y

CGC34090/DP

CCS - Comm. Recreation

Sports Advisory Council - Minutes

Yes

Yes

1Y

PERM

PERM

DP

CCS - Comm. Recreation

Sports Facilities - Permit Application

Yes

No

1Y

1Y

DP

CCS - Comm. Recreation

Surf Permit Approval Letters

No

No

1Y

3Y

4Y

DP

CCS - Comm. Recreation

Surf Permit RFP

Yes

No

1Y

3Y

4Y

CGC34090

CCS - Comm. Recreation

Surf Permit RFP - Rejected

Yes

No

1Y

2Y

3Y

CGC34090

CCS - Comm. Recreation

Swim - Field Trip Permission Slips

Yes

No

1Y

1Y

DP

CCS - Comm. Recreation

Swim - Permit Application

Yes

No

2Y

2Y

CGC34090

CCS - Comm. Recreation

Swim - Vendor Agreements

Yes

No

ACT + 1Y

ACT + 1Y

DP

CCS - Comm. Recreation

Swim - Vendor RFP - Rejects

Yes

No

1Y

3Y

CGC34090

CCS - Comm. Recreation

Swim Center Reg/Waiver Forms

Yes

No

1Y

1Y

DP

CCS - Comm. Recreation

Tennis - Court Reservations

Yes

No

1Y

1Y

DP

CCS - Comm. Recreation

Tennis - Private Instructor Approval

Yes

No

1Y

1Y

DP

CCS - Comm. Recreation

Tennis - Tournament Dir RFP - Rejected

Yes

No

1Y

3Y

CGC34090

CCS - Comm. Recreation

Tennis - Tournament Director Agreement

Yes

No

ACT + 1Y

ACT + 1Y

DP

CCS - Comm. Recreation

The Cove - Class Reg/Waiver Forms

Yes

No

1Y

1Y

DP

CCS - Comm. Recreation

The Cove - Daily Maint. Records

Yes

No

1Y

3Y

DP

Tuesday, May 28, 2013

2Y

2Y

2Y

Page 7 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

CCS - Comm. Recreation

The Cove - Registration/Waiver Forms

Yes

Yes

IND

IND

IND

DP

CCS - Comm. Recreation

Winter Display Applications

Yes

Yes

IND

IND

IND

DP

CCS - Comm. Recreation

Winter Display Site Approval

Yes

No

IND

IND

IND

DP

CCS - Comm. Recreation

WSO - Board Meeting Minutes

Yes

Yes

1Y

PERM

PERM

DP

CCS - Comm. Recreation

WSO - Financial Records

Yes

No

3Y

3Y

CGC34090

CCS - Comm. Recreation

WSO - Medical Releases

Yes

No

3Y

3Y

CGC34090

CCS - Cultural Affairs

Annenberg Comm. Bch. House (Historical)

Yes

Yes

PERM

PERM

DP

CCS - Cultural Affairs

Annenberg Comm. Bch. House Files

Yes

No

2Y

2Y

CGC34090/DP

CCS - Cultural Affairs

Artist Files

Yes

No

ACT

PERM

CGC34090/DP

CCS - Cultural Affairs

Arts Commission Agendas

Yes

No

4Y

4Y

CGC34090/DP

CCS - Cultural Affairs

Arts Commission Audio Tapes

Yes

No

6M

6M

DP

CCS - Cultural Affairs

Arts Commission Minutes

Yes

No

PERM

PERM

PERM

CGC34090

CCS - Cultural Affairs

Cash Receipts (Civic Aud.)

Yes

No

ACT

5Y

ACT + 5Y

26CFR301.6501

CCS - Cultural Affairs

Event Historical Files (Civic Aud.)

Yes

Yes

PERM

PERM

PERM

DP

CCS - Cultural Affairs

Grant Files

No

No

2Y

8Y

10Y

CGC34090/DP

CCS - Cultural Affairs

Miles Playhouse Program Files

Yes

No

1Y

6Y

7Y

CGC34090/DP

CCS - Cultural Affairs

Project Files

Yes

No

ACT

PERM

ACT + PERM

CGC34090/DP

CCS - Cultural Affairs

Show Files, One of a Kind (Civic Aud.)

Yes

Yes

PERM

PERM

PERM

DP

CCS - Cultural Affairs

Show Files, Repetitive (Civic Aud.)

Yes

No

ACT

3Y

ACT + 3Y

DP

CCS - Human Services

Applications, Scholarships

Yes

No

3Y

3Y

CGC34090

Tuesday, May 28, 2013

PERM

PERM

Page 8 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

CCS - Human Services

Audio Tapes Commission Meeting

Yes

No

6 mos

6 mos

DP

CCS - Human Services

Commission/Task Force Agendas

Yes

No

8Y

8Y

CGC34090/DP

CCS - Human Services

Commission/Task Force Minutes

Yes

No

PERM

PERM

PERM

CGC34090/DP

CCS - Human Services

Complaints

Yes

No

2Y

4Y

6Y

CGC34090/DP

CCS - Human Services

CSC Agendas

Yes

No

PERM

PERM

PERM

CGC34090/DP

CCS - Human Services

CSC Minutes

Yes

No

PERM

PERM

PERM

CGC34090

CCS - Human Services

CSC Program Files

Yes

No

ACT

4Y

ACT + 4Y

CGC34090/DP

CCS - Human Services

HUD/CDBG

Yes

No

ACT

25Y

ACT + 25Y

CGC34090/DP

CCS - Human Services

PAL Board Minutes

Yes

No

PERM

PERM

PERM

CGC34090/DP

CCS - Human Services

PAL Event Files

Yes

No

3Y

3Y

CGC34090

CCS - Human Services

PAL Event Photographs

Yes

No

PERM

PERM

CGC34090/DP

CCS - Human Services

PAL Financial Back-up Material

Yes

No

5Y

5Y

CGC34090

CCS - Human Services

PAL Participant Files

Yes

No

ACT

ACT + 3Y

CGC34090/DP

CCS - Human Services

PAL Summer Food Service Program

Yes

No

5Y

5Y

CGC34090

CCS - Human services

Personal Related Files

Yes

No

ACT + 2Y

5Y

ACT + 7Y

CGC34090/DP

CCS - Human Services

Program Files

Yes

No

ACT

10Y

ACT + 10Y

CGC34090/DP

CCS - Human Services

Project Files

Yes

No

ACT

20Y

ACT + 20Y

CGC34090/DP

CCS - Human Services

Reed Park Applications, Fin. Assistance

Yes

No

1Y

2Y

3Y

CGC34090

CCS - Human Services

Reed Park CREST Historical Files

Yes

No

PERM

PERM

PERM

CGC34090/DP

CCS - Human Services

Reed Park CREST Program Files

Yes

No

1Y

9Y

10Y

CGC34090/DP

Tuesday, May 28, 2013

PERM

3Y

Page 9 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

CCS - Human Services

Reed Park Registration/Attendance Forms

Yes

No

1Y

2Y

3Y

CGC34090

CCS - Human Services

Reed Park Special Event Planning Files

Yes

No

1Y

2Y

3Y

CGC34090

CCS - Human Services

Rosie's Girls Program Files

Yes

No

C + 1Y

5Y

C + 6Y

CGC34090/DP

CCS - Human Services

Sr. Nutrition Program Files

Yes

No

ACT

6Y

ACT + 6Y

CGC34090/DP

CCS - Human Services

Sr. Rec. Advisory Council Minutes

Yes

No

1Y

PERM

PERM

CGC34090

CCS - Human Services

Sr. Rec. Program Files

Yes

No

ACT

6Y

ACT + 6Y

CGC34090/DP

CCS - Human Services

VAP Accounts Payable/Contracts

Yes

No

3Y

3Y

CGC34090/DP

CCS - Human Services

VAP Advisory Board Minutes

Yes

No

PERM

PERM

PERM

CGC34090/DP

CCS - Human Services

VAP Case Management Files

Yes

No

ACT

2Y

ACT + 2Y

CGC34090/DP

CCS - Human Services

VAP Community Events

Yes

No

3Y

3Y

CGC34090/DP

CCS - Human Services

VAP Deposits

Yes

No

3Y

3Y

CGC34090/DP

CCS - Human Services

VAP Enrollment Forms

Yes

No

2Y

2Y

CGC34090/DP

CCS - Human Services

VAP Program Files

Yes

No

C + 3Y

C + 10Y

CGC34090/DP

CCS - Human Services

VAP Program Files, Summer Food

Yes

No

6Y

6Y

CGC34090/DP

CCS - Human Services

VAP Registration Forms

Yes

No

2Y

2Y

CGC34090/DP

CCS - Human Services

VAP Room Rental Applications

Yes

No

2Y

2Y

CGC34090/DP

CCS - Human Services

VAP Time Cards

Yes

No

3Y

3Y

CGC34090/DP

CCS - Park Maint.

Projects Files

Yes

No

10Y

10Y

DP

CCS - Prom. Maint.

Daily Log Books

Yes

No

10Y

10Y

CGC34090/DP

CCS - Prom. Maint.

Daily Work Orders

Yes

No

ACT + 3Y

ACT + 3Y

CGC34090/DP

Tuesday, May 28, 2013

7Y

Page 10 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

CCS - Pub. Landscape

A/P Files

Yes

No

4Y

4Y

DP

CCS - Pub. Landscape

CDF - Tree Grant

Yes

No

ACT + 4Y

ACT + 4Y

24CFR570.502(b)(3)

CCS - Pub. Landscape

Claims

No

No

3Y

3Y

CGC34090/DP

CCS - Pub. Landscape

Payroll Records

No

No

3Y

3Y

CGC34090/DP

CCS - Pub. Landscape

Personnel Files

No

No

E

TR/HR

E + TR/HR

CGC34090/DP

CCS - Pub. Landscape

Prop A Maintenance & Servicing Req.

Yes

No

7Y

5Y

12Y

DP

CCS - Pub. Landscape

Purchasing Card Transaction Log

Yes

No

5Y

5Y

CGC34090/DP

CCS - Pub. Landscape

Terminated Employees

No

No

2Y

2Y

CGC34090/DP

CCS - Pub. Landscape

Time Cards

No

No

2Y

2Y

DP

CCS - Pub. Landscape

Vendor Files

Yes

No

5Y

5Y

CGC34090/DP

CCS - Urban Forest

Claims

No

No

2Y

2Y

CGC34090/DP

CCS - Urban Forest

Edison Grid

Yes

No

ACT

ACT

DP

CCS - Urban Forest

Grants

Yes

No

ACT + 4Y

ACT + 4Y

24CFR570.502(b)(3)

CCS - Urban Forest

Guidelines - Street Trees

Yes

Yes

PERM

PERM

PERM

DP

CCS - Urban Forest

Landmark Trees

Yes

Yes

PERM

PERM

PERM

DP

CCS - Urban Forest

Landscape & Streetscape Projects

Yes

No

15Y

15Y

DP

CCS - Urban Forest

Master Plan

No

Yes

PERM

PERM

DP

CCS - Urban Forest

Phone Logs

Yes

No

5Y

5Y

DP

CCS - Urban Forest

Private Trees

Yes

No

ACT

ACT

DP

CCS - Urban Forest

Tree Failure Reports

Yes

No

ACT

ACT

DP

Tuesday, May 28, 2013

PERM

Page 11 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

CCS - Urban Forest

Tree Maintenance

Yes

No

ACT

ACT

DP

CCS - Urban Forest

Tree Removal File

Yes

No

15Y

15Y

DP

CCS - Urban Forest

Tree Service Log

Yes

No

ACT + 3Y

ACT + 3Y

DP

CCS - Urban Forest

Tree Trimming Log

Yes

Yes

PERM

PERM

DP

CCS - Urban Forest

Tree Trimming Permits

Yes

No

ACT + 2Y

ACT + 2Y

CGC34090d

CCS - Urban Forest

Trees - Historical

Yes

Yes

PERM

PERM

PERM

DP

CCS - Urban Forest

Trees Planted

Yes

Yes

PERM

PERM

PERM

DP

CCS - Urban Forest

Vendor Files

Yes

No

5Y

5Y

CGC34090/DP

City Attorney - Admin.

Budget, Final

No

No

IND

IND

IND

CGC34090/DP

City Attorney - Admin.

Budget, Working Papers

Yes

Yes

IND

IND

IND

CGC34090/DP

City Attorney - Admin.

Chronological Files

Yes

Yes

IND

IND

IND

CGC34090/DP

City Attorney - Admin.

Opinion Files

Yes

Yes

IND

IND

IND

CGC34090/DP

City Attorney - Admin.

Personnel Files, At Will

Yes

No

IND

IND

IND

CGC34090/DP

City Attorney - Admin.

Rejection Letters

Yes

No

ACT

5Y

ACT + 5Y

CGC12946/DP

City Attorney - Admin.

Subject Files, Marsha Moutrie

Yes

Yes

IND

IND

IND

CGC34090/DP

City Attorney - Admin.

Time Sheets, Attorneys

Yes

No

IND

IND

IND

CGC34090/DP

City Attorney - Civil Lit

Case Cards

Yes

No

PERM

PERM

PERM

CGC34090/DP

City Attorney - Civil Lit

Closing Papers

Yes

No

ACT

20Y

ACT + 20Y

CGC34090/DP

City Attorney - Civil Lit

Open and Closed Cases, Litigation Files

Yes

No

ACT

20Y

ACT + 20Y

CGC34090/DP

City Attorney - Civil Lit

Open and Closed Monthly Reports

Yes

No

R

R

CGC34090/DP

Tuesday, May 28, 2013

PERM

Page 12 of 56

Dept/Div

Records Series Title

Original Vital

In Office

City Attorney - Civil Lit

Structure Settlement Agreement

Yes

No

PERM

City Attorney - Civil Lit

Subpoenas

Yes

No

1Y

City Attorney - CPU

Closed Cases

Yes

No

3Y

City Attorney - Criminal

Appeals Log Book

Yes

No

R

City Attorney - Criminal

Bench Warrant

Yes

No

1Y

City Attorney - Criminal

Business License

Yes

No

City Attorney - Criminal

Citations

Yes

City Attorney - Criminal

Closed Case Files

City Attorney - Criminal

Closed Cases, Domestic Violence

City Attorney - Criminal

Criminal Prosecutor Control

City Attorney - Criminal

In Storage

Legal Citation

PERM

CGC34090/DP

1Y

DP

20Y

CGC34090/DP

R

CGC34090

19Y

20Y

CGC34090/DP

ACT

10Y

ACT + 10Y

CGC34090/DP

No

ACT

10Y

ACT + 10Y

CGC34090/DP

Yes

No

ACT

10Y

ACT + 10Y

CGC34090/DP

Yes

No

ACT

15Y

ACT + 15Y

CGC34090/DP

No

No

R

R

CGC34090/DP

DRS Service Case File

Yes

No

ACT

ACT

CGC34090/DP

City Attorney - Criminal

Environmental Codes & Regs.

Yes

No

R

R

CGC34090/DP

City Attorney - Criminal

Investigation Files

Yes

No

ACT

10Y

ACT + 10Y

CGC34090/DP

City Attorney - Criminal

Records Inventory Sheet

No

No

PERM

PERM

PERM

CGC34090/DP

City Attorney - Criminal

Research Files

No

No

R

R

CGC34090

City Attorney - Criminal

Restitution Files

Yes

No

ACT

10Y

ACT + 10Y

CGC34090/DP

City Attorney - Muni Law

Administrative Hearing Files

Yes

No

ACT

10Y

ACT + 10Y

CGC34090/DP

City Attorney - Muni Law

Airport Cases

Yes

No

PERM

PERM

PERM

CGC34090/DP

City Attorney - Muni Law

Appointment/Office Conference Book

No

No

R

R

CGC34090/DP

City Attorney - Muni Law

Bankruptcy Files

Yes

No

1Y

6Y

CGC34090/DP

Tuesday, May 28, 2013

PERM

Total Retention

17Y

5Y

Page 13 of 56

Dept/Div

Records Series Title

City Attorney - Muni Law

Chronological Files

City Attorney - Muni Law

Original Vital

In Office

No

No

10Y

Closed Cases, Litigation Consumer

Yes

No

ACT

City Attorney - Muni Law

Closed Files

Yes

No

City Attorney - Muni Law

Land Use Files

Yes

City Attorney - Muni Law

MTBE Cases

City Attorney - Muni Law

In Storage

Total Retention

Legal Citation

10Y

CGC34090/DP

20Y

ACT + 20Y

CGC34090/DP

ACT

20Y

ACT + 20Y

CGC34090/DP

No

ACT

10Y

ACT + 10Y

CGC34090/DP

Yes

No

PERM

PERM

PERM

CGC34090/DP

Personnel Related Case Files

Yes

No

ACT

10Y

ACT + 10Y

CGC34090/DP

City Attorney - Muni Law

Pitchess Motion Files

Yes

No

ACT

10Y

ACT + 10Y

CGC34090/DP

City Attorney - Muni Law

Public Records Requests

Yes

No

3Y

3Y

CGC34090

City Clerk - Admin.

A/P Files

No

No

4Y

4Y

DP

City Clerk - Admin.

Audio Tapes of City Council Meetings

Yes

No

2Y

2Y

CGC34090

City Clerk - Admin.

B & C Application - Accepted

Yes

No

ACT + 2Y

ACT + 7Y

DP

City Clerk - Admin.

B & C Application - Not Acted Upon

Yes

No

1Y

1Y

DP

City Clerk - Admin.

B & C Directory

Yes

No

PERM

PERM

CGC34090/DP

City Clerk - Admin.

Campaign Statement Log

Yes

No

ACT + 7Y

ACT + 7Y

CGC34090/DP

City Clerk - Admin.

Campaign Statement, Successful

Yes

No

IND

IND

CGC81009(b)

City Clerk - Admin.

Campaign Statement, Unsuccessful

Yes

No

5Y

5Y

CGC81009(e)

City Clerk - Admin.

Claims File - Copies

No

No

6M

6M

DP

City Clerk - Admin.

Claims Logs

No

No

7Y

7Y

CGC34090

City Clerk - Admin.

Contract Sign In Log

Yes

No

ACT + 1Y

ACT + 1Y

CGC34090/DP

City Clerk - Admin.

Contracts Index Card File

Yes

No

R

R

CGC34090/DP

Tuesday, May 28, 2013

5Y

Page 14 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

City Clerk - Admin.

Contracts Log Book

Yes

No

R

R

CGC34090/DP

City Clerk - Admin.

Domestic Partnership Agreements

Yes

No

IND

IND

CGC34090/DP

City Clerk - Admin.

FileKeepers Pick Up Log

Yes

No

PERM

PERM

DP

City Clerk - Admin.

Form 700, Statement of Economic Interest

Yes

No

ACT + 2Y

ACT + 7Y

CGC81009(d)

City Clerk - Admin.

Internet Authorization (City Website)

Yes

No

ACT + 6M

ACT + 6M

CGC34090/DP

City Clerk - Admin.

Miscellaneous Cash Receipt

No

No

3Y

3Y

CGC34090

City Clerk - Admin.

Oaths of Office

Yes

No

T + 2Y

T + 7Y

CGC34090

City Clerk - Admin.

Ordinance Log Book

Yes

No

R

R

CGC34090/DP

City Clerk - Admin.

Proof of Publication

Yes

No

3Y

3Y

CGC34090/DP

City Clerk - Admin.

Public Records Request

No

No

6M

6M

DP

City Clerk - Admin.

Records Destruction Certificates

Yes

No

PERM

PERM

CGC34090/DP

City Clerk - Admin.

Records Management Electronic Program

Yes

No

PERM

PERM

CGC34090/DP

City Clerk - Admin.

Records Transmittal

Yes

No

PERM

PERM

CGC34090/DP

City Clerk - Admin.

Records Transmittal, Destroyed Records

Yes

No

PERM

PERM

CGC34090/DP

City Clerk - Admin.

Resolutions Log Book

Yes

No

R

R

CGC34090/DP

City Clerk - Admin.

Statement of Economic Interest Log

Yes

No

ACT + 7Y

ACT + 7Y

CGC34090/DP

City Clerk - Admin.

Statement of Economic Interests Successful

Yes

No

ACT

ACT + 7Y

CGC34090/DP

City Clerk - Admin.

Subject Files Index Cards

Yes

No

R

R

CGC34090/DP

City Clerk - Admin.

Time Cards, Prior to 11/98

Yes

No

3Y

11Y

CGC34090/DP

City Clerk - Election

Absent Voter Identification Envelope

Yes

No

6M

6M

EC17302

Tuesday, May 28, 2013

5Y

5Y

7Y

8Y

Page 15 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

City Clerk - Election

Assisted Voters Lists

Yes

No

6M

6M

EC17304

City Clerk - Election

Ballot Designation Worksheet

Yes

No

ACT + 1M

ACT + 1M

EC20442

City Clerk - Election

Ballot Receipts

Yes

No

6M

6M

EC17302

City Clerk - Election

Ballots (Cancelled, Surrendered, Spoiled)

Yes

No

6M

6M

EC17302

City Clerk - Election

Ballots, Absent Voter

Yes

No

6M

6M

EC17505

City Clerk - Election

Ballots, Voted

Yes

No

6M

6M

EC17306

City Clerk - Election

Challenge Lists

Yes

No

6M

6M

EC17304

City Clerk - Election

Code of Fair Campaign Practices

Yes

No

ACT + 1M

ACT + 1M

EC20442

City Clerk - Election

Indexes

Yes

No

6M

6M

EC17304

City Clerk - Election

Internet Authorization (City Website)

Yes

No

6M

6M

EC20442

City Clerk - Election

Nominations Papers (All)

Yes

No

T + 1Y

T + 4Y

EC17100

City Clerk - Election

Petitions (Initiatives, Referendums, Recalls)

Yes

No

ACT + 8M

ACT + 8M

EC17200

City Clerk - Election

Precinct Maps

Yes

No

12Y

12Y

EC17501

City Clerk - Election

Precinct Official Materials

Yes

No

6M

6M

EC17503

City Clerk - Election

Rosters of Voters

Yes

No

5Y

5Y

EC17300

City Clerk - Election

Statement of Economic Interests Successful

Yes

No

ACT

ACT + 7Y

GC81009

City Clerk - Election

Tally Sheet

Yes

No

6M

6M

EC17304

City Clerk - Election

Unqualified Measure Petitions

Yes

No

ACT

ACT + 8M

EC20442

City Clerk - Legislative

Affidavit of Postings

Yes

No

6Y

6Y

CGC34090/DP

City Clerk - Legislative

Agendas

Yes

No

6Y

6Y

CGC34090/DP

Tuesday, May 28, 2013

3Y

7Y

Page 16 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

City Clerk - Legislative

Charters

Yes

No

PERM

PERM

CGC34090

City Clerk - Legislative

Contracts, Capital Improvement/City Property

Yes

Yes

PERM

PERM

CGC34090/DP

City Clerk - Legislative

Contracts, Construction Maintenance

Yes

No

ACT + 10Y

ACT + 10Y

CGC34090/DP

City Clerk - Legislative

Contracts, Supplies

Yes

No

ACT + 3Y

ACT + 3Y

CGC34090/DP

City Clerk - Legislative

Contracts, Vehicles

Yes

No

15Y

15Y

CGC34090/DP

City Clerk - Legislative

Council Packet - Copy

No

No

1Y

1Y

DP

City Clerk - Legislative

Deeds

Yes

Yes

PERM

PERM

CGC34090

City Clerk - Legislative

Election Files

Yes

No

PERM

PERM

DP

City Clerk - Legislative

Legislative Subject Files

Yes

Yes

PERM

PERM

DP

City Clerk - Legislative

Minutes, City Council

Yes

Yes

PERM

PERM

CGC34090

City Clerk - Legislative

Minutes, Housing Authority

Yes

Yes

PERM

PERM

CGC34090

City Clerk - Legislative

Minutes, Parking Authority

Yes

Yes

PERM

PERM

CGC34090

City Clerk - Legislative

Minutes, Redevelopment Agency

Yes

Yes

PERM

PERM

CGC34090

City Clerk - Legislative

Notice of Adjournment

Yes

No

6Y

6Y

CGC34090/DP

City Clerk - Legislative

Ordinances, City Council

Yes

Yes

PERM

PERM

CGC34090

City Clerk - Legislative

Request to Speak (Chits)

Yes

No

2Y

2Y

CGC34090/DP

City Clerk - Legislative

Resolutions, City Council

Yes

Yes

PERM

PERM

CGC34090

City Clerk - Legislative

Resolutions, Housing Authority

Yes

Yes

PERM

PERM

CGC34090

City Clerk - Legislative

Resolutions, Parking Authority

Yes

Yes

PERM

PERM

CGC34090

City Clerk - Legislative

Resolutions, Redevelopment Agency

Yes

Yes

PERM

PERM

CGC34090

Tuesday, May 28, 2013

Page 17 of 56

Dept/Div

Records Series Title

City Clerk - Support

A/P File

City Clerk - Support

Monthly Copy Billing Report

City Clerk - Support

Monthly Mail Room Billing Report

City Clerk - Support

Original Vital

In Office

In Storage

Total Retention

Legal Citation

No

No

2Y

2Y

DP

Yes

No

2Y

2Y

CGC34090/DP

No

No

2Y

2Y

CGC34090

Printing Requests

Yes

No

3Y

3Y

CGC34090

City Clerk - Support

UPS Book

Yes

No

S

S

CGC34090

City Council

Administrative Files

No

No

U

U

CGC34090/DP

City Council

Budget

No

No

4Y

4Y

DP

City Council

Budget Working Papers

Yes

No

3Y

3Y

CGC34090/DP

City Council

Commendations/Proclamations

No

No

5Y

5Y

CGC34090/DP

City Council

Complaint Files

Yes

No

2Y

2Y

4Y

CGC34090/DP

City Council

Council Correspondence

Yes

No

3Y

8Y

11Y

CGC34090/DP

City Council

Council Travel Financial Reports

No

No

7Y

7Y

CGC34090

City Council

Equipment Manuals

Yes

No

U

U

CGC34090

City Council

Personnel Files

No

No

E

E + TR/HR

CGC34090/DP

City Council

Purchase Orders

No

No

3Y

3Y

CGC34090

City Council

Request for Warrant

No

No

3Y

3Y

CGC34090

City Council

Requisitions

No

No

3Y

3Y

CGC34090

City Council

Subject Files

No

No

ACT

ACT + 5Y

CGC34090/DP

City Council

Time Cards

No

No

1Y

1Y

CGC34090/DP

City Council

Vendor Files

No

No

3Y

3Y

CGC34090/DP

Tuesday, May 28, 2013

TR/HR

5Y

Page 18 of 56

Dept/Div

Records Series Title

Original Vital

In Office

City Manager - Admin.

Administrative Instructions, Final

Yes

Yes

PERM

City Manager - Admin.

CMO Document Log

Yes

No

1Y

City Manager - Admin.

FEMA, Earthquake

No

No

AA

City Manager - Admin.

Grievances

No

No

City Manager - Admin.

Lobbying State Filings

No

City Manager - Admin.

MTBE Subject Files

City Manager - Admin.

Oaks Initiative (Electronic)

City Manager - Admin.

In Storage

Legal Citation

PERM

CGC34090/DP

1Y

DP

AA

CGC34090/DP

3Y

3Y

CGC34090

No

3Y

3Y

DP

No

No

ACT

ACT + 5Y

CGC34090

Yes

No

2Y

2Y

DP

Personnel Files

No

No

E

E + TR/HR

CGC34090/DP

City Manager - Admin.

Purchase Orders

No

No

3Y

3Y

CGC34090

City Manager - Admin.

Request for Proposals

Yes

No

ACT

5Y

ACT + 5Y

CGC34090

City Manager - Admin.

Request for Warrant

No

No

ACT

3Y

ACT + 3Y

CGC34090

City Manager - Admin.

Santa Monica Place

Yes

No

IND

IND

IND

CGC34090/DP

City Manager - Admin.

Subject Files

No

No

ACT

5Y

ACT + 5Y

CGC34090/DP

City Manager - Admin.

Subject Files - Special Project

Yes

No

PERM

PERM

PERM

CGC34090/DP

City Manager - Admin.

Task Force

Yes

No

ACT

6Y

ACT + 6Y

CGC34090/DP

City Manager - Admin.

Telecom

No

No

IND

IND

IND

CGC34090/DP

City Manager - Admin.

Time Warner/Century Cable

Yes

No

IND

IND

IND

CGC34090/DP

City Manager - Admin.

Vendor Files/Contracts

No

No

3Y

3Y

CGC34090/DP

City Manager - City TV

Administrative Files

No

No

U

U

CGC34090/DP

City Manager - City TV

Equipment Manual

No

No

U

U

CGC34090/DP

Tuesday, May 28, 2013

PERM

Total Retention

AA

5Y

TR/HR

Page 19 of 56

Dept/Div

Records Series Title

City Manager - City TV

Program Rights Agreements

City Manager - City TV

Original Vital

In Office

No

No

U

Video Tapes, City Council

Yes

No

IND

City Manager - City TV

Video Tapes, Community Projects

Yes

No

IND

City Manager - OSE

Audio Tapes (Electronic)

Yes

Yes

2Y

City Manager - OSE

Environmental Reference Material

No

No

IND

City Manager - OSE

Environmental Reports

Yes

No

City Manager - OSE

Grants

Yes

City Manager - OSE

HHW Manifests

City Manager - OSE

Rebate Application (Electronic)

City Manager - OSE

In Storage

Total Retention

Legal Citation

U

CGC34090

IND

IND

CGC34090/DP

IND

IND

CGC34090/DP

2Y

CGC34090

IND

IND

DP

PERM

PERM

PERM

CGC34090/DP

Yes

ACT

5Y

ACT + 5Y

24CFR570.502/DP

Yes

No

PERM

PERM

PERM

40CFR263.22/DP

No

No

ACT

2Y

ACT + 2Y

DP

Retrofit Upon Sales Compliance Certificate

Yes

No

C

PERM

PERM

CGC34090/DP

Fiannce - B&RO - UB

Adjustments

Yes

No

1Y

1Y

DP

Finance - A/P

1099 Forms

Yes

No

4Y

3Y

7Y

CGC34090/DP

Finance - A/P

Check Copy, Back Up

Yes

No

2Y

5Y

7Y

CGC34090/DP

Finance - A/P

Check Register

Yes

No

7Y

7Y

26CFR301.6501/DP

Finance - A/P

Contract Administration Disbursement

Yes

No

2Y

5Y

7Y

26CFR301.6501/DP

Finance - A/P

Contracts, Closed

Yes

No

2Y

14Y

16Y

CGC34090/DP

Finance - A/P

Purchase Card Transaction Logs

Yes

No

2Y

5Y

7Y

26CFR301.6401/DP

Finance - A/P

Sales and Use Tax Returns

Yes

No

7Y

7Y

26CFR301.6501/DP

Finance - A/P

Stop Payments

Yes

No

5Y

5Y

26CFR301.6501

Finance - A/P

Void Warrants (Checks)

Yes

No

2Y

7Y

26CFR301.6501/DP

Tuesday, May 28, 2013

5Y

Page 20 of 56

Dept/Div

Records Series Title

Original Vital

In Office

Finance - Admin.

Finance Dept. Payables

Yes

No

3Y

Finance - Admin.

Monthly Investment Reports

Yes

No

2Y

Finance - Admin.

Personnel Files

No

No

Finance - Admin.

Project Files

Yes

Finance - B&RO - BL

Application, Approved Business Lic.

Finance - B&RO - BL

In Storage

Total Retention

Legal Citation

3Y

DP

5Y

7Y

26CFR301.6501

E

TR/HR

E + TR/HR

DP

No

PERM

PERM

PERM

DP

Yes

No

1Y

PERM

PERM

CGC34090/DP

Application, Denied Business Lic.

Yes

No

1Y

PERM

PERM

CGC34090/DP

Finance - B&RO - BL

Application, Non-Profit

Yes

No

1Y

PERM

PERM

CGC34090/DP

Finance - B&RO - BL

Application, Renewal

Yes

No

1Y

PERM

PERM

CGC34090/DP

Finance - B&RO - BL

Application, Street Performer

Yes

No

1Y

5Y

6Y

CGC34090/DP

Finance - B&RO - BL

Audit Files

No

No

1Y

3Y

4Y

CGC34090/DP

Finance - B&RO - BL

Bonds, Health Clubs

Yes

No

3Y

5Y

8Y

CGC34090/DP

Finance - B&RO - BL

Business License Refunds

Yes

No

2Y

2Y

CGC34090/DP

Finance - B&RO - BL

Contractors Final Job

Yes

No

ACT

5Y

ACT + 5Y

CGC34090/DP

Finance - B&RO - BL

JDE Journal Entry Report

Yes

No

2Y

5Y

7Y

26CFR301.6501/DP

Finance - B&RO - BL

License, Bicycle

Yes

No

ACT + 2Y

ACT + 2Y

CGC34090/DP

Finance - B&RO - BL

Massage Test

Yes

No

2Y

2Y

CGC34090/DP

Finance - B&RO - BL

Notice to File for a Business Lic.

Yes

No

3Y

10Y

CGC34090

Finance - B&RO - BL

Permit, Police

Yes

No

2Y

2Y

CGC34090/DP

Finance - B&RO - BL

Personnel Files

No

No

E

TR/HR

E + TR/HR

DP

Finance - B&RO - BL

Receipts, Payments

Yes

No

1Y

3Y

4Y

CGC34090/DP

Tuesday, May 28, 2013

7Y

Page 21 of 56

Dept/Div

Records Series Title

Finance - B&RO - BL

Records Transmittal

Finance - B&RO - CO

Collection File

Finance - B&RO - CO

Original Vital

In Office

No

No

PERM

Yes

No

Reference Material

No

Finance - B&RO - CO

Small Claim Judgment Files, Settled

Finance - B&RO - CO

In Storage

Legal Citation

PERM

CGC34090/DP

5Y

5Y

CGC34090/DP

No

U

U

DP

No

No

ACT + 2Y

ACT + 2Y

CGC34090/DP

Small Claims, Settled

Yes

No

ACT + 5Y

ACT + 5Y

CGC34090/DP

Finance - B&RO - PP

Batch Report Receipts

Yes

No

2Y

7Y

CGC34090/DP

Finance - B&RO - PP

Credit Card Sales Draft

Yes

No

2Y

2Y

CGC34090

Finance - B&RO - PP

Lots & Structures Files

Yes

No

PERM

PERM

PERM

CGC34090/HS19850

Finance - B&RO - PP

Parking Citation Report

Yes

No

1Y

2Y

3Y

CGC34090/DP

Finance - B&RO - PP

Parking Citations, Contract

Yes

No

ACT + 2Y

ACT + 2Y

CGC34090

Finance - B&RO - PP

Parking Citations, Court

Yes

No

3Y

3Y

CGC34090

Finance - B&RO - PP

Parking Structure Invoices

No

No

ACT + 3Y

ACT + 3Y

CGC34090/DP

Finance - B&RO - PP

Preferential Parking

No

No

2Y

2Y

DP

Finance - B&RO - RE

Bond Receipts

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

Finance - B&RO - RE

Bond Series Spreadsheet

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

Finance - B&RO - RE

Bonds, Returned Original

Yes

Yes

PERM

PERM

PERM

26CFR301.6501/DP

Finance - B&RO - RE

County of L.A. Property Tax

Yes

No

3Y

5Y

8Y

26CFR301.6501/DP

Finance - B&RO - RE

Credit Card Sales Draft

Yes

No

2Y

2Y

CGC34090

Finance - B&RO - RE

Credit Card Settlement Summary

Yes

No

2Y

2Y

DP

Finance - B&RO - RE

Daily Cash Balance Report (POS)

Yes

No

2Y

7Y

CGC34090

Tuesday, May 28, 2013

PERM

Total Retention

5Y

5Y

Page 22 of 56

Dept/Div

Records Series Title

Finance - B&RO - RE

Department Cash Audit

Finance - B&RO - RE

Original Vital

In Office

No

No

3Y

Deposit Slips

Yes

No

2Y

Finance - B&RO - RE

Franchise Statements

Yes

No

5Y

Finance - B&RO - RE

HDL Sales Tax Analyses Books

Yes

No

2Y

Finance - B&RO - RE

Information Items

No

No

Finance - B&RO - RE

Investment Bank Confirmation

Yes

Finance - B&RO - RE

Invoice, Vendors

Finance - B&RO - RE

Parking Facility Tax Returns

Finance - B&RO - RE

In Storage

Total Retention

Legal Citation

3Y

CGC34090

5Y

26CFR301.6501

5Y

CGC34090/DP

7Y

26CFR301.6501

U

U

DP

No

ACT

ACT

CGC34090/DP

No

No

3Y

3Y

CGC34090

Yes

No

3Y

5Y

8Y

26CFR301.6501/DP

Personnel Files

No

No

E

TR/HR

E + TR/HR

CGC34090/DP

Finance - B&RO - RE

Petty Cash Sheet

No

No

2Y

2Y

DP

Finance - B&RO - RE

Real Property Transfer Tax Remittance

Yes

No

3Y

8Y

26CFR301.6501/DP

Finance - B&RO - RE

Recording of Torca/Condo Release Lien

Yes

No

6Y

6Y

CGC34090/DP

Finance - B&RO - RE

Request for Warrants

No

No

3Y

3Y

CGC34090/DP

Finance - B&RO - RE

Revenue Batch Reports (Q)

Yes

No

2Y

7Y

26CFR301.6501

Finance - B&RO - RE

Safekeeping Reports

Yes

No

ACT

ACT

CGC34090/DP

Finance - B&RO - RE

SB278 Gas Company Deregulation

No

No

1Y

6Y

7Y

CGC34090/DP

Finance - B&RO - RE

Security & Investment Worksheet

Yes

No

2Y

4Y

6Y

DP

Finance - B&RO - RE

Summary of Daily Cash Collection

Yes

No

R

R

DP

Finance - B&RO - RE

Summary Sheet, Meter (L)

Yes

No

3Y

4Y

7Y

26CFR301.6501

Finance - B&RO - RE

TOT Tax Audit

Yes

No

AA

10Y

AA + 10Y

CGC34090/DP

Tuesday, May 28, 2013

3Y

5Y

5Y

5Y

Page 23 of 56

Dept/Div

Records Series Title

Finance - B&RO - RE

Transient Occupancy Tax Returns

Finance - B&RO - RE

Original Vital

In Office

In Storage

Total Retention

Legal Citation

No

No

3Y

5Y

8Y

26CFR301.6501/DP

Treasurer's Cash Report

Yes

No

2Y

2Y

4Y

CGC34090/DP

Finance - B&RO - RE

Treasury Bonds

Yes

Yes

PERM

PERM

PERM

DP

Finance - B&RO - RE

Treasury Contracts

Yes

Yes

ACT + 1Y

3Y

ACT + 4Y

CGC34090

Finance - B&RO - RE

Utility Users Tax Returns

Yes

No

3Y

5Y

8Y

26CFR301.6501/DP

Finance - B&RO - RE

Vendor Contracts

No

No

ACT + R

ACT + R

CGC34090/DP

Finance - B&RO - Taxi

Contracts

Yes

Yes

ACT

5Y

ACT + 5Y

CGC34090

Finance - B&RO - Taxi

Franchise Reports/Documents

Yes

No

ACT

5Y

ACT + 5Y

DP

Finance - B&RO - Taxi

RFP - Successful

Yes

Yes

A

5Y

A + 5Y

CGC34090

Finance - B&RO - Taxi

RFP - Unsuccessful

Yes

No

C

2Y

C + 2Y

CGC34090

Finance - B&RO - Taxi

Taxicab App/Permit Files

Yes

No

ACT

2Y

ACT + 2Y

CGC34090/DP

Finance - B&RO - Taxi

Taxicab Permit Testing

Yes

Yes

1Y

6Y

7Y

CGC34090/DP

Finance - B&RO - UB

Adjustments

Yes

No

1Y

1Y

DP

Finance - B&RO - UB

Applications

Yes

No

2Y

2Y

CGC34090/DP

Finance - B&RO - UB

Billing Contracts

Yes

Yes

ACT + 1Y

3Y

ACT + 4Y

CGC34090

Finance - B&RO - UB

Books

Yes

No

PERM

PERM

PERM

CGC34090/DP

Finance - B&RO - UB

Summary of Cash Receipts

No

No

2Y

2Y

CGC34090

Finance - Budget

Budget - Estimating Documentation

No

No

2Y

6Y

CGC34090/DP

Finance - Budget

Budget Instruction

Yes

No

4Y

4Y

CGC34090/DP

Finance - Budget

Budget Revenue Mid-Year

No

No

ACT

ACT + 5Y

CGC34090/DP

Tuesday, May 28, 2013

4Y

5Y

Page 24 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

Finance - Budget

Budget Review Meeting Decision Packet

Yes

No

2Y

2Y

DP

Finance - Budget

CAFR Analytics

Yes

No

3Y

3Y

CGC34090

Finance - Budget

CAFR Supplemental

Yes

No

2Y

2Y

DP

Finance - Budget

Changes to Dept'al. MOE Bud Request

Yes

No

4Y

4Y

CGC34090

Finance - Budget

City Council Actions

Yes

No

2Y

2Y

DP

Finance - Budget

Departmental Budget Request

Yes

No

4Y

4Y

CGC34090

Finance - Budget

Fee Study

Yes

No

PERM

PERM

PERM

CGC34090/DP

Finance - Budget

IRS Bond Arbitrage Rebate Report

Yes

No

ACT

17Y

ACT + 17Y

CGC34090/DP

Finance - Budget

M.O.U.

No

No

R

R

DP

Finance - Budget

MOE Revenue Request

Yes

No

4Y

4Y

CGC34090/DP

Finance - Budget

S & L Bank Folders

Yes

No

IND

IND

CGC34090/DP

Finance - Budget

SB 90 Claims

Yes

No

7Y

7Y

CGC34090/DP

Finance - Budget

Working Papers, Budget

Yes

No

4Y

4Y

CGC34090/DP

Finance - Budget

Working Papers, Five Year Forecast

Yes

No

4Y

4Y

CGC34090

Finance - Budget

Working Papers, Mid Year

Yes

No

4Y

4Y

CGC34090

Finance - Budget

Working Papers, Year End

Yes

No

4Y

4Y

CGC34090

Finance - Earthquake

Damage Assessment Photographs

Yes

No

AA

AA

CGC34090/DP

Finance - Earthquake

Damage Survey Report

Yes

No

AA

AA

CGC34090/DP

Finance - Earthquake

DSR File

No

No

AA

AA

DP

Finance - Earthquake

Earthquake Work Order Add To

Yes

No

AA

AA

CGC34090/DP

Tuesday, May 28, 2013

IND

Page 25 of 56

Dept/Div

Records Series Title

Finance - Earthquake

Project Cost Summary

Finance - Earthquake

Project Cost Summary, Final

Finance - Earthquake

Original Vital

In Office

In Storage

Total Retention

Legal Citation

No

No

U

U

DP

Yes

No

AA

AA

CGC34090/DP

Summary Detail Expenditure Reports

No

No

AA

AA

DP

Finance - Earthquake

Time Cards, After Earthquake

No

No

AA

AA

DP

Finance - Earthquake

Vendor Files

No

No

AA

AA

DP

Finance - G/L

1099's for Bonds

Yes

No

1Y

5Y

6Y

CGC34090/DP

Finance - G/L

Accounts Receivable

Yes

No

2Y

5Y

7Y

26CFR301.6501

Finance - G/L

Administrative Files

No

No

U

U

DP

Finance - G/L

Bank Reconciliations

Yes

No

2Y

5Y

7Y

26CFR301.6501

Finance - G/L

Cash Receipts

Yes

No

2Y

3Y

5Y

26CFR301.6501

Finance - G/L

Financial Reports, Audited

No

No

R

R

DP

Finance - G/L

Fixed Asset

Yes

No

ACT

ACT

DP

Finance - G/L

Grant Folder, Closed

Yes

No

ACT + 1Y

5Y

ACT + 6Y

CGC34090/DP

Finance - G/L

Invoices

Yes

No

2Y

5Y

7Y

26CFR301.6501

Finance - G/L

Journal Entries

Yes

No

PERM

PERM

PERM

26CFR301.6501/DP

Finance - G/L

MERL Loan Documents

Yes

No

ACT

45Y

ACT + 45Y

CGC34090/DP

Finance - G/L

Parking Authority Bond Coupon

Yes

No

ACT + 4Y

ACT + 4Y

CGC3490/DP

Finance - G/L

Wire Transfers

Yes

No

5Y

5Y

26CFR301.6501

Finance - G/L

Working Papers, CAFR

Yes

No

5Y

5Y

CGC34090/DP

Finance - Payroll

Administrative Files

No

No

U

U

DP

Tuesday, May 28, 2013

Page 26 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

Finance - Payroll

Check Number Log

Yes

No

3Y

3Y

CGC34090/DP

Finance - Payroll

EDD Audit Form

Yes

No

3Y

3Y

CGC34090

Finance - Payroll

Employee Folders

Yes

No

E + 2Y

E + 6Y

26CFR301.6501/DP

Finance - Payroll

Employment Verification

Yes

No

3Y

3Y

CGC34090

Finance - Payroll

FLSA Report

Yes

No

1Y

7Y

29CFR516.5/DP

Finance - Payroll

Journal

No

No

R

R

DP

Finance - Payroll

P/O FMS Batches

Yes

No

1Y

6Y

7Y

29CFR516.5/DP

Finance - Payroll

P/O PERS City Contributions

Yes

No

1Y

6Y

7Y

29CFR516.5/DP

Finance - Payroll

P/O PERS Listing

Yes

No

1Y

6Y

7Y

29CFR516.5/DP

Finance - Payroll

P/O Quarterly Medicare Tax

Yes

No

1Y

6Y

7Y

29CFR516.5/DP

Finance - Payroll

P/O Quarterly Tax Balance Report

Yes

No

1Y

6Y

7Y

29CFR516.5/DP

Finance - Payroll

Pay History (Electronic)

Yes

No

IND

IND

IND

CGC34090/DP

Finance - Payroll

Payroll Folder

Yes

No

1Y

6Y

7Y

29CFR516.5/DP

Finance - Payroll

Payroll Journals

Yes

No

1Y

6Y

7Y

29CFR516.5/DP

Finance - Payroll

Payroll Tax Returns

Yes

No

7Y

7Y

29CFR516.5/DP

Finance - Payroll

Terminated Employee Folders, Garnishment

Yes

No

E + 2Y

4Y

E + 6Y

29CFR516.5/DP

Finance - Payroll

Time Card Edit Report

Yes

No

1Y

6Y

7Y

CGC34090/DP

Finance - Payroll

Time Cards

Yes

No

2M

10Y

10Y

CGC34090/DP

Finance - Payroll

Time Cards, After 1994 Earthquake

Yes

No

AA

15Y

AA + 15Y

CGC34090/DP

Finance - Payroll

Transportation Time Card Summary

Yes

No

4Y

4Y

CGC34090/DP

Tuesday, May 28, 2013

4Y

6Y

Page 27 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

Finance - Payroll

UI & SDI Tax Reports

Yes

No

1Y

6Y

7Y

29CFR516.5/DP

Finance - Payroll

W2's

Yes

No

1Y

6Y

7Y

26CFR301.6501/DP

Finance - Payroll

YE Tax Fringe Benefits

Yes

No

7Y

7Y

29CFR516.5/DP

Finance - Payroll

Year End Tax Files

Yes

No

1Y

6Y

7Y

29CFR516.5/DP

Finance - Purchasing

Administrative Files

No

No

IND

IND

IND

DP

Finance - Purchasing

Bids, Formal

Yes

No

1Y

6Y

7Y

CGC34090/DP

Finance - Purchasing

Complaint Files

No

No

IND

IND

IND

DP

Finance - Purchasing

Purchase Orders

No

No

2Y

5Y

7Y

DP

Finance - Purchasing

Requisitions

Yes

No

2Y

5Y

7Y

CGC34090/DP

Finance - Risk Mgmt.

Administrative Files

No

No

U

U

DP

Finance - Risk Mgmt.

Budget

No

No

R

R

DP

Finance - Risk Mgmt.

Budget Working Papers

Yes

No

3Y

3Y

CGC34090

Finance - Risk Mgmt.

Cal OSHA Reporting

No

No

2Y

5Y

7Y

CGC34090

Finance - Risk Mgmt.

Cancelled Checks

No

No

3Y

4Y

7Y

26CFR301.6501

Finance - Risk Mgmt.

Certificate of Insurance

Yes

No

2Y

2Y

CGC34090/DP

Finance - Risk Mgmt.

Claim Experience Report Year End

Yes

No

5Y

10Y

15Y

CGC34090/DP

Finance - Risk Mgmt.

Claim Files Liability, Litigated

No

No

ACT

10Y

ACT + 10Y

CGC34090

Finance - Risk Mgmt.

Claim Files Liability, Not Litigated

Yes

No

ACT

10Y

ACT + 10Y

CGC34090/DP

Finance - Risk Mgmt.

Claim Files, W/C

Yes

No

ACT

10Y

ACT + 10Y

29CFR1904.6/DP

Finance - Risk Mgmt.

Claim Files, W/C, Future Medical Awards

Yes

No

ACT

PERM

PERM

CLCt8a2sec10102

Tuesday, May 28, 2013

Page 28 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

Finance - Risk Mgmt.

Claims Administration Bids

No

No

5Y

5Y

CGC34090/DP

Finance - Risk Mgmt.

Contracts

No

No

R

R

CGC34090/DP

Finance - Risk Mgmt.

Employee Occupational Exposure

No

No

1Y

30Y

C + 30Y

CGC34090

Finance - Risk Mgmt.

Incidents (All Others)

Yes

No

1Y

3Y

4Y

CGC34090/DP

Finance - Risk Mgmt.

Incidents (Bus)

Yes

No

1Y

3Y

4Y

CGC34090/DP

Finance - Risk Mgmt.

Incidents (Trip/Fall)

Yes

No

4Y

4Y

CGC34090/DP

Finance - Risk Mgmt.

Insurance Policies

No

No

ACT

PERM

PERM

CGC34090/DP

Finance - Risk Mgmt.

Liability Subrogation Files

No

No

ACT

3Y

ACT + 3Y

CGC34090/DP

Finance - Risk Mgmt.

Request for Warrant

No

No

2Y

2Y

DP

Finance - Risk Mgmt.

Safety Committee Minutes

Yes

No

5Y

5Y

CGC34090/DP

Finance - Risk Mgmt.

Small Claims Files

Yes

No

ACT

ACT + 10Y

CGC34090/DP

Finance - Risk Mgmt.

W/C Claims Cost Analysis Reports

No

No

1Y

1Y

DP

Fire - Admin.

Administrative Files

No

No

IND

IND

IND

DP

Fire - Admin.

Background Investigations, Hired

Yes

No

PERM

PERM

PERM

CGC34090/DP

Fire - Admin.

Background Investigations, Not Hired

Yes

No

4Y

5Y

CGC34090/DP

Fire - Admin.

Budget Working Papers

Yes

No

3Y

3Y

CGC34090

Fire - Admin.

Department Manuals

No

No

S

S

CGC34090/DP

Fire - Admin.

Equipment Files

No

No

3Y

3Y

CGC34090

Fire - Admin.

F-7/Telestaff

Yes

No

5Y

3Y

8Y

CGC34090/DP

Fire - Admin.

FD3

Yes

No

5Y

3Y

8Y

CGC34090/DP

Tuesday, May 28, 2013

1Y

10Y

Page 29 of 56

Dept/Div

Records Series Title

Original Vital

In Office

Fire - Admin.

Hazardous Material Response

Yes

No

31Y

Fire - Admin.

Homeland Security Grants

Yes

Yes

3Y

Fire - Admin.

Personnel Files

No

No

E

Fire - Admin.

Petty Cash

No

No

Fire - Admin.

Policy and Procedures

No

Fire - Admin.

Purchase Order - Vendor

Fire - Admin.

In Storage

Total Retention

Legal Citation

31Y

29CFR1910.120

3Y

6Y

CGC34090/DP

5Y

E + 5Y

CGC34090/DP

3Y

3Y

CGC34090

No

11Y

11Y

CGC34090/DP

No

No

6Y

6Y

CGC34090

Purchase Order, Blanket - Vendor

No

No

6Y

6Y

CGC34090

Fire - Admin.

Request for Warrants - Vendor

No

No

6Y

6Y

CGC34090

Fire - Admin.

Shop Files

Yes

No

LV

LV

LV

CGC34090/DP

Fire - Admin.

Supplemental Time Sheets

No

No

3Y

8Y

11Y

CGC34090/DP

Fire - Admin.

Time Cards

No

No

5Y

8Y

13Y

CGC34090/DP

Fire - Admin.

Warehouse Inventory Requisitions

No

No

1Y

1Y

DP

Fire - Prevention

Address Files

Yes

No

PERM

PERM

CGC34090/DP

Fire - Prevention

Complaint Files

Yes

No

4Y

4Y

CGC34090/DP

Fire - Prevention

Hazardous Material Disclosures

Yes

No

30Y

30Y

29CFR1910.120

Fire - Prevention

Inspection Notices

Yes

No

3Y

3Y

UFC103.3.4

Fire - Prevention

Inspection Reports

Yes

No

ACT

6Y

ACT + 6Y

UFC103.3.4

Fire - Prevention

Investigation Reports - Bodily Harm

Yes

No

ACT

6Y

ACT + 6Y

PC 800

Fire - Prevention

Investigation Reports - Homicide

Yes

Yes

PERM

PERM

PERM

PC 799

Fire - Prevention

Investigation Reports - Structure

Yes

Yes

ACT

3Y

ACT + 3Y

PC 801/UFC 104.32

Tuesday, May 28, 2013

PERM

Page 30 of 56

Dept/Div

Records Series Title

Original Vital

In Office

Fire - Support Services

Disaster Plan

Yes

Yes

S + 2Y

Fire - Support Services

EMS Reports

Yes

No

IND

Fire - Support Services

HIPPA Release Forms

Yes

Yes

IND

Fire - Support Services

Local Hazard Mitigation Plan

No

Yes

7Y

Fire - Support Services

NFIRS (electronic data)

Yes

No

IND

Fire - Suppression

Daily Journals (Electronic)

Yes

Yes

Fire - Training

Training Reports

Yes

HED - Admin.

Month End Reports

HED - Admin.

Personnel Files

HED - EDD

In Storage

Total Retention

Legal Citation

S + 2Y

DP

IND

IND

CGC34090/DP

IND

IND

CGC34090/DP

7Y

42USC5165

IND

IND

CGC34090/DP

PERM

PERM

PERM

CGC34090/DP

No

IND

IND

IND

CGC34090/DP

Yes

No

5Y

5Y

CGC34090/DP

No

No

E

E + TR/HR

CGC34090/DP

Administrative Files

Yes

No

3Y

3Y

DP

HED - EDD

Applications/Proposals Denied

Yes

No

C + 3Y

C + 3Y

CGC34090/DP

HED - EDD

Assessment District Information

Yes

No

PERM

PERM

PERM

CGC34090/DP

HED - EDD

Blueprints Existing

Yes

Yes

LB

LB

LB

CGC34090/DP

HED - EDD

Blueprints, Proposal Rejected

Yes

No

6Y

6Y

CGC34090/DP

HED - EDD

Business Improvement District Files

Yes

No

PERM

PERM

CGC34090/DP

HED - EDD

Contract Files - Excluding Cap. Improvement

Yes

Yes

ACT + 5Y

ACT + 5Y

CCP 337.2

HED - EDD

Farmers Market Load Sheets

Yes

No

18M

18M

DP

HED - EDD

Lease Files

Yes

Yes

ACT + 2Y

PERM

CGC34090/DP

HED - EDD

Month/Year End Files

Yes

No

6Y

6Y

CGC34090/DP

HED - EDD

Project Files

Yes

No

ACT + 2Y

ACT + 10Y

CGC34090/DP

Tuesday, May 28, 2013

TR/HR

PERM

PERM

8Y

Page 31 of 56

Dept/Div

Records Series Title

Original Vital

In Office

HED - EDD

Property Acquisition

Yes

Yes

PERM

HED - EDD

Public Information Requests

Yes

No

3Y

HED - EDD

Subject Files

Yes

No

ACT + 2Y

HED - EDD

Time Cards (electronic)

Yes

No

HED - EDD

Vendor Files

Yes

HED - EDD

YARDI (electronic)

HED - Farmers Market

In Storage

Legal Citation

PERM

CGC34090/DP

3Y

CGC34090

ACT + 10Y

CGC34090/DP

IND

IND

DP

No

3Y

3Y

CGC34090

Yes

No

IND

IND

CGC34090/DP

Vendor Files

Yes

Yes

PERM

PERM

PERM

DP

HED - HA/Section 8

1099's Forms

Yes

No

2Y

5Y

7Y

CGC34090/DP

HED - HA/Section 8

Audit Materials

Yes

No

2Y

5Y

7Y

CGC34090

HED - HA/Section 8

Bank Reconciliations

Yes

No

2Y

5Y

7Y

26CFR301.6501

HED - HA/Section 8

Cancelled Checks

Yes

No

2Y

5Y

7Y

26CFR301.6501

HED - HA/Section 8

Check Copy

Yes

No

2Y

5Y

7Y

26CFR301.6501

HED - HA/Section 8

Family Self Suffiency

Yes

No

2Y

5Y

7Y

CGC34090

HED - HA/Section 8

Financial Records

Yes

No

2Y

5Y

7Y

CGC34090

HED - HA/Section 8

HUD Grants

Yes

No

ACT + 1

5Y

ACT + 6Y

CGC34090/DP

HED - HA/Section 8

Lindsey Monthly Back Up Reports

Yes

No

2Y

5Y

7Y

CGC34090/DP

HED - HA/Section 8

Repayment Agreement & Informal Hearings

Yes

Yes

1Y

10Y

11Y

CGC34090/DP

HED - HA/Section 8

Tenant Files

Yes

Yes

ACT

3Y

ACT + 3Y

24CFR84.53

HED - HA/Section 8

Voucher Management Systems

Yes

No

2Y

5Y

7Y

CGC34090

HED - Housing/P&P

Applications

Yes

No

ACT

7Y

ACT + 7Y

CGC34090/DP

Tuesday, May 28, 2013

PERM

Total Retention

8Y

Page 32 of 56

Dept/Div

Records Series Title

Original Vital

In Office

HED - Housing/P&P

Housing Commission Agendas

Yes

No

3Y

HED - Housing/P&P

Housing Commission Minutes (Electronic)

Yes

No

PERM

HED - Housing/P&P

Housing Commission Mtg. Audio Tapes

Yes

No

2Y

HED - Housing/P&P

MERL Program Files

Yes

No

ACT

HED - Housing/P&P

Program Policies & Procedures

Yes

No

HED - Housing/P&P

Project Files

Yes

HED - SMRSA

AB 1 X 26 Implementation

HED - SMRSA

Administrative Files

HED - SMRSA

Annual Reports

HED - SMRSA

Capital Project Files

HED - SMRSA

In Storage

Total Retention

Legal Citation

3Y

CGC34090/DP

PERM

CGC34090

2Y

CGC34090

5Y

ACT + 5Y

CGC34090/DP

PERM

PERM

PERM

CGC34090/DP

No

ACT

5Y

ACT + 5Y

CGC34090/DP

No

No

ACT

LP

ACT + LP

AB1X26/DP

No

No

ACT

10Y

ACT + 10Y

DP

Yes

No

ACT

LP

ACT + LP

DP

No

No

ACT

LP

ACT + LP

DP

Project Area Files

Yes

No

ACT

LP

ACT + LP

CGC34090/DP

Human Resources

Acting Application File

Yes

No

ACT

5Y

ACT + 5Y

CGC34090/DP

Human Resources

Advertisement

Yes

No

3Y

3Y

CGC34090

Human Resources

Affirmative Action Report

No

No

ACT

ACT

CGC34090/DP

Human Resources

Application File

Yes

No

ACT

5Y

ACT + 5Y

CGC34090/DP

Human Resources

Assessment Center Exam Material

Yes

No

ACT

5Y

ACT + 5Y

CGC34090/DP

Human Resources

Benefit Files

No

No

ACT

6Y

ACT + 6Y

CGC34090/DP

Human Resources

Budget Worksheets

Yes

Yes

3Y

3Y

CGC34090/DP

Human Resources

Bureau of National Affairs

Yes

No

R

R

CGC34090/DP

Human Resources

Check Register (DCAP)

Yes

No

1Y

7Y

CGC34090/DP

Tuesday, May 28, 2013

PERM

6Y

Page 33 of 56

Dept/Div

Records Series Title

Original Vital

In Office

Human Resources

Chronological Files

Yes

No

3Y

Human Resources

Classification & Compensation

Yes

No

ATC + 2Y

Human Resources

Comp City Information

Yes

No

3Y

Human Resources

Contract Insurance

No

No

ACT

Human Resources

Contract Procedures

No

No

Human Resources

Deferred Compensation Correspondence

No

Human Resources

Deferred Compensation File

Human Resources

In Storage

Total Retention

Legal Citation

3Y

CGC34090

ACT + 10Y

CGC34090/DP

3Y

CGC34090

6Y

ACT + 6

29CFR2610.11

ACT

10Y

ACT + 10Y

CGC34090/DP

No

PERM

PERM

PERM

CGC34090/DP

No

Yes

C+1

25Y

C + 26Y

CGC34090/DP

DFEH/EEOC Complaints

Yes

No

ACT

15Y

ACT + 15Y

CGC34090/DP

Human Resources

Disability Retirement Files

Yes

Yes

ACT

10Y

ACT + 10Y

CGC34090/DP

Human Resources

Drug Policy

Yes

No

ACT + 10Y

ACT + 10Y

CGC34090/DP

Human Resources

Drug Testing "DOT"

Yes

No

ACT + 5Y

ACT + 5Y

49CFR653.31

Human Resources

Drug/Alcohol Training

No

No

ACT + 5Y

ACT + 5Y

CGC34090/DP

Human Resources

EEO Reporting

Yes

No

6Y

6Y

CGC34090/DP

Human Resources

Eligibility List

Yes

No

ACT + 2Y

3Y

ACT + 5Y

CGC34090/DP

Human Resources

Eligibility List, Expired

No

No

3Y

3Y

6Y

CGC34090/DP

Human Resources

Employee Handbooks

Yes

No

ACT + 10Y

ACT + 10Y

CGC34090/DP

Human Resources

Employee Status

No

No

6Y

6Y

CGC34090/DP

Human Resources

Exam History Files

Yes

No

ACT + 5Y

ACT + 5Y

CGC34090/DP

Human Resources

Examination Materials File

Yes

No

ACT

5Y

ACT + 5Y

CGC34090/DP

Human Resources

Examination/Application File

Yes

No

ACT

5Y

ACT + 5Y

CGC34090/DP

Tuesday, May 28, 2013

8Y

Page 34 of 56

Dept/Div

Records Series Title

Original Vital

In Office

Human Resources

Financial Back-up Tapes (DCAP)

Yes

No

1Y

Human Resources

Fire Fighters Incentive Bonus

Yes

No

E + 2Y

Human Resources

Grievances/Internal Complaints

Yes

No

ACT

Human Resources

Hazard Material Training

Yes

No

30Y

Human Resources

Immigration & Nat. Service (I-9 form)

Yes

No

E

Human Resources

Insurance Claims Issues/Complaints

No

No

Human Resources

Insurance Reports Newsletter

No

Human Resources

Job Analysis

Human Resources

In Storage

Legal Citation

7Y

CGC34090/DP

E + 2Y

CGC34090/DP

ACT + 15Y

CGC34090/DP

30Y

29CFR1910.20

E + 3Y

CGC34090/DP

3Y

3Y

CGC34090

No

ACT + 10Y

ACT + 10Y

CGC34090/DP

Yes

No

R

R

CGC34090

Job Bulletin

Yes

No

ACT + 10Y

ACT + 10Y

CGC34090/DP

Human Resources

Medical Evaluation

Yes

No

ACT

ACT + 30Y

CGC34090/DP

Human Resources

Medical Standard Reports

Yes

No

R

R

CGC34090/DP

Human Resources

Memorandum of Understanding

No

Yes

PERM

PERM

PERM

CGC34090/DP

Human Resources

Microfilm Logs

Yes

No

PERM

PERM

PERM

CGC34090/DP

Human Resources

Negotiations Files

Yes

Yes

1Y

20Y

21Y

CGC34090/DP

Human Resources

PERS Procedures

No

No

R

R

CGC34090/DP

Human Resources

PERS Special Projects

Yes

No

ACT

ACT + 15

CGC34090/DP

Human Resources

Personnel Board Audio Tapes

Yes

No

2Y

2Y

DP

Human Resources

Personnel Board Conviction

Yes

No

2Y

3Y

5Y

CGC34090/DP

Human Resources

Personnel Board Hearings

No

No

ACT

7Y

ACT + 7Y

CGC34090/DP

Human Resources

Personnel Board Minutes

Yes

No

10Y

10Y

CGC34090/DP

Tuesday, May 28, 2013

6Y

Total Retention

15Y

3Y

30Y

15Y

Page 35 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

Human Resources

Personnel Board Packet

Yes

No

2Y

3Y

5Y

CGC34090/DP

Human Resources

Personnel Files, As needed

Yes

No

E

6Y

E + 6Y

CGC34090/DP

Human Resources

Personnel Files, Perm

Yes

Yes

E

6Y

E + 6Y

CGC34090/DP

Human Resources

Personnel Litigation Files

Yes

No

ACT

10Y

ACT + 10Y

CGC34090/DP

Human Resources

Policy Memos

Yes

No

PERM

PERM

PERM

CGC34090/DP

Human Resources

Position Description

Yes

No

PERM

PERM

PERM

CGC34090/DP

Human Resources

Procedural Manual

No

No

ACT

10Y

ACT + 10Y

CGC34090/DP

Human Resources

Program Procedures

No

No

R

R

CGC34090/DP

Human Resources

Pulmonary Function Test

Yes

No

E

E + 30Y

CGC34090/DP

Human Resources

Purchase Orders

No

No

3Y

3Y

CGC34090

Human Resources

Records Inventory List

Yes

No

PERM

PERM

PERM

CGC34090/DP

Human Resources

Request for Certification

Yes

No

2Y

4Y

6Y

CGC34090/DP

Human Resources

Request for Warrant

No

No

3Y

3Y

CGC34090

Human Resources

Research Files

Yes

No

3Y

3Y

CGC34090/DP

Human Resources

Research Materials

Yes

No

R

R

CGC34090/DP

Human Resources

Resolutions

No

No

R

R

CGC34090/DP

Human Resources

Rideshare

Yes

Yes

1Y

3Y

DP

Human Resources

Salary Schedule

Yes

No

7Y

7Y

CGC34090/DP

Human Resources

Service Awards

Yes

No

1Y

3Y

DP

Human Resources

Sick Leave Buy Back

Yes

No

5Y

5Y

CGC34090/DP

Tuesday, May 28, 2013

30Y

2Y

2Y

Page 36 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

Human Resources

Special Project Circumstance

No

No

3Y

3Y

CGC34090

Human Resources

Staff Reports

No

No

3Y

3Y

CGC34090

Human Resources

Time Cards

No

No

3Y

11Y

CGC34090/DP

Human Resources

Training Manuals

No

No

R

R

CGC34090/DP

Human Resources

Training Program

Yes

No

3Y

3Y

CGC34090

Human Resources

Tuition Reimbursement

Yes

No

2Y

7Y

CGC34090/DP

Human Resources

Unemployment Appeals

No

No

4Y

4Y

CGC34090/DP

Human Resources

Unemployment Claims

No

No

3Y

3Y

CGC34090

Human Resources

Unemployment Reports

No

No

3Y

3Y

CGC34090

Human Resources

Word Processing Tape

No

No

3Y

3Y

CGC34090

ISD - Admin.

Contract Payment

No

No

ACT + 5Y

ACT + 5Y

CGC34090/DP

ISD - Admin.

Contracts

Yes

No

ACT + 5Y

ACT + 5Y

CGC34090/DP

ISD - Admin.

Purchase Orders

No

No

3Y

3Y

CGC34090

ISD - Admin.

Request for Warrants

No

No

3Y

3Y

CGC34090

ISD - Admin.

Requisition

No

No

3Y

3Y

CGC34090

ISD - Admin.

Telephone Bill Details

Yes

No

1Y

7Y

DP

ISD - Software Systems

Software Manuals Obsolete Licenses

Yes

No

U

U

CGC34090/DP

ISD - Systems & Network

Back Up Tapes, Departments

Yes

No

ACT

1Y

ACT + 1Y

DP

ISD - Systems & Network

Back Up Tapes, Police Department

Yes

No

ACT

1Y

ACT + 1Y

DP

ISD - Systems & Network

Back Up Tapes, Year End

Yes

No

ACT

1Y

ACT + 1Y

DP

Tuesday, May 28, 2013

8Y

5Y

6Y

Page 37 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

Library

Applications, Meeting Room Rentals

Yes

No

1Y

1Y

DP

Library

Grant Files

Yes

No

10Y

10Y

CGC34090/DP

Library

Library Board Packets

Yes

No

PERM

PERM

PERM

CGC34090/DP

Library

Sirsi System

Yes

Yes

IND

IND

IND

CGC34090/DP

Library

Special Project Files

Yes

No

ACT

20Y

ACT + 20Y

CGC34090/DP

No

No 10Y

ACT + 10Y

CGC34090/DP

LP + 2Y

CGC34090/DP

Pbu. Works - Architecture PCD - Admin.

Special Project Files

Yes

No

ACT

PCD - B & S

Acoustical Reports

Yes

Yes

LP + 2Y

PCD - B & S

Approved Plans

Yes

Yes

PERM

PERM

PERM

H&S19850

PCD - B & S

Building Code Modifications

Yes

Yes

PERM

PERM

PERM

CGC34090

PCD - B & S

Certificate of Occupancy

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

PCD - B & S

Disable Access Hardship Forms

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

PCD - B & S

Energy Calculations

Yes

No

LP + 2Y

LP + 2Y

CGC34090/DP

PCD - B & S

Expired Plans

Yes

No

LP + 2Y

LP + 2Y

CGC34090/DP

PCD - B & S

Permits

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

PCD - B & S

Soils/Geotechnical Reports

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

PCD - B & S

Special Inspectors Reports

Yes

No

LB

LB

CGC34090/DP

PCD - B & S

Structural Calculations

Yes

Yes

LB

LB

CGC34090/DP

PCD - B & S

Structural Observation Reports

Yes

Yes

LB

LB

CGC34090/DP

PCD - City Planning

Address Files

Yes

Yes

PERM

PERM

CGC34090/DP

Tuesday, May 28, 2013

IND

PERM

Page 38 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

PCD - City Planning

ARB Minutes

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

PCD - City Planning

Audio Tapes of Board & Commission Mtgs.

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

PCD - City Planning

Board and Commission Minutes

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

PCD - City Planning

Landmark Commission Packets

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

PCD - City Planning

Landmark Minutes

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

PCD - City Planning

Planning Commission Packet

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

PCD - City Planning

Project Files

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

PCD - City Planning

Special Administrative Files

Yes

Yes

PERM

PERM

PERM

DP

PCD/Code Compliance

Complaints

Yes

No

1Y

19Y

20Y

CGC34090/DP

PCD/Code Compliance

Violation Notice

No

Yes

C

PERM

PERM

DP

PCD/STP

Bike Plans & Racks

Yes

No

IND

IND

IND

DP

PCD/STP

Board & Commission Minutes

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

PCD/STP

Location Files

Yes

No

PERM

PERM

PERM

CGC34090/DP

PCD/STP

News Clippings

No

No

IND

IND

IND

CGC34090/DP

PCD/STP

Permits, Wide Loads

Yes

No

ACT + 2Y

ACT + 2Y

CGC34090/DP

PCD/STP

Planning Commission Packet

Yes

Yes

PERM

PERM

CGC34090/DP

PCD/STP

Project Files

Yes

No

10Y

10Y

CGC34090/DP

PCD/STP

Subject Files

Yes

No

ACT

ACT

DP

PCD/STP

Traffic Count

Yes

Yes

IND

IND

DP

PCD/TEM

Complaints

Yes

No

10Y

10Y

CGC34090/DP

Tuesday, May 28, 2013

PERM

IND

Page 39 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

PCD/TEM

Employer Fee Receipts

Yes

No

2Y

2Y

Ordinance 1604

PCD/TEM

Employer Files

Yes

No

2Y

2Y

Ordinance 1604

PCD/TEM

SCAQMD Survey

Yes

No

3Y

3Y

CGC34090/DP

PCD/TEM

SCAQMD Trip Reduction Plan

Yes

No

5Y

5Y

CGC34090/DP

PCD/TEM

Statewide Integrated Traffic Records

Yes

Yes

IND

IND

DP

PCD/TEM

Subject Files

Yes

No

R

R

DP

PCD/TEM

Subject Project

Yes

No

ACT + 5Y

ACT + 5Y

CGC34090/DP

PCD/TEM

Vehicle Pool Log

Yes

No

3Y

3Y

CGC34090

PCD/Traffic Signals

Call Back Logs (Electronic)

Yes

No

10Y

PERM

CGC34090/DP

PCD/Traffic Signals

Daily Activity Logs (Electronic)

Yes

No

10Y

10Y

CGC34090/DP

PCD/Traffic Signals

Intersection Maintenance Log (In Field)

Yes

No

10Y

10Y

CGC34090/DP

PCD/Traffic Signals

Traffic Signal As-Builts (Electronic)

Yes

No

PERM

PERM

DP

PCD/Traffic Signals

Traffic Signal Timing Sheets (Electronic)

Yes

No

10Y

10Y

CGC34090/DP

PCD/Traffic Signals

Traffic Signal Work Order Requests

Yes

No

10Y

PERM

DP

Police - ASD

Animal Adoption Contracts

Yes

No

2Y

2Y

DP

Police - ASD

Animal Call for Service Records

Yes

No

5Y

5Y

CGC34090/DP

Police - ASD

Animal Control Bite Reports

Yes

No

2Y

2Y

CGC34090

Police - ASD

Animal Control Monthly Reports

Yes

No

2Y

2Y

CGC34090

Police - ASD

Animal Control Officer Daily Logs

Yes

No

2Y

2Y

CGC34090

Police - ASD

Animal Control Officer Training Files

Yes

No

E + 6Y

E + 6Y

CGC34090/DP

Tuesday, May 28, 2013

IND

PERM

PERM

PERM

Page 40 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

Police - ASD

Animal Control Receiving Rec. Receipts

Yes

No

2Y

2Y

CGC34090

Police - ASD

Animal Control Telephone Messages

Yes

No

2Y

2Y

CGC34090

Police - ASD

Animal Control Trap Rental Logs

Yes

No

2Y

2Y

CGC34090

Police - ASD

Animal Impound Cards

Yes

No

2Y

2Y

CGC34090

Police - ASD

Animal Orders to Comply

Yes

No

3Y

3Y

CGC34090/DP

Police - ASD

Animal Owner ID Cards

Yes

No

2Y

2Y

CGC34090

Police - ASD

Animal Registration

Yes

No

ACT + 2Y

ACT + 2Y

CGC34090/DP

Police - ASD

Animal Sales Receipt

Yes

No

2Y

2Y

CGC34090

Police - ASD

Animal Shelter Volunteer Personnel Files

Yes

No

E + 1Y

E + 1Y

DP

Police - ASD

Automated License Plate Readers

Yes

No

1Y

1Y

DP

Police - ASD

Background Investigation File, Hired

Yes

No

E + 6Y

E + 6Y

CGC34090/DP

Police - ASD

Background Investigation File, Not-hired

Yes

No

5Y

5Y

CGC34090/DP

Police - ASD

Barking Dog Letter

Yes

No

2Y

2Y

CGC34090

Police - ASD

Cash Drawer Count Forms

Yes

No

1Y

1Y

DP

Police - ASD

Cash Register Receipts

Yes

No

1Y

1Y

DP

Police - ASD

Citation Pink Copies

No

No

1Y

1Y

DP

Police - ASD

Citation Transmittal

Yes

No

1Y

1Y

DP

Police - ASD

Citizen Academy Applications

Yes

No

2Y

2Y

CGC34090

Police - ASD

Concealed Weapon Permits

Yes

No

ACT + 1Y

ACT + 1Y

CGC34090/DP

Police - ASD

Credit Card Receipts

Yes

No

7Y

7Y

CGC34090/DP

Tuesday, May 28, 2013

Page 41 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

Police - ASD

Daily Cash Reconciling Reports

Yes

No

1Y

1Y

DP

Police - ASD

Daily Report Login Sheet

Yes

No

1Y

1Y

DP

Police - ASD

Daily Safety Check Log

Yes

No

3Y

3Y

CGC34090/DP

Police - ASD

Deceased Animal Logs

Yes

No

2Y

2Y

CGC34090

Police - ASD

Euthanasia Logs

Yes

No

2Y

2Y

CGC34090

Police - ASD

FTO Files

Yes

No

2Y

2Y

CGC34090

Police - ASD

Homicide Reports

Yes

No

PERM

PERM

DP

Police - ASD

Impounds, Never Released

Yes

No

3Y

3Y

CGC34090/DP

Police - ASD

In-Custody Booking Logs

Yes

No

1Y

1Y

DP

Police - ASD

In-Custody Processing Logs

Yes

No

1Y

1Y

DP

Police - ASD

Jail Blotter

Yes

No

2Y

2Y

CGC34090

Police - ASD

Jail Initial Intake Form/Not Booked

Yes

No

1Y

1Y

DP

Police - ASD

Jail Special Confinement Log

Yes

No

ACT + 2Y

ACT + 2Y

CGC34090/DP

Police - ASD

Jail Watch Summary Report

Yes

No

1Y

1Y

DP

Police - ASD

Line of Duty Death

Yes

No

E

E

CGC34090/DP

Police - ASD

Medical Files

Yes

No

E + 6Y

E + 6Y

CGC34090/DP

Police - ASD

Mobile Audio/Video In Car Camera

Yes

No

3Y

3Y

CGC34090/DP

Police - ASD

On-line Police Reports

Yes

Yes

PERM

PERM

DP

Police - ASD

Overtime Slips

Yes

No

ACT + 2Y

ACT + 2Y

CGC34090/DP

Police - ASD

Pawn Slips

Yes

No

1Y

1Y

DP

Tuesday, May 28, 2013

PERM

PERM

Page 42 of 56

Dept/Div

Records Series Title

Police - ASD

PCD Logs

Police - ASD

Personnel Files

Police - ASD

Original Vital

In Office

Yes

No

1Y

No

No

E

Personnel History Cards

Yes

No

PERM

Police - ASD

Police Training Files

Yes

No

Police - ASD

Policy Review Reports

Yes

Police - ASD

Private Tow Cards

Police - ASD

In Storage

Total Retention

Legal Citation

1Y

DP

TR/HR

E + TR/HR

CGC34090/DP

PERM

PERM

DP

E + 6Y

E + 6Y

CCP335.1/DP

No

5Y

5Y

CGC34090/DP

Yes

No

1Y

1Y

DP

Property Receipt

Yes

No

50Y

50Y

CGC34090/DP

Police - ASD

Property Room Database

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

Police - ASD

Property Room Destruction Records

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

Police - ASD

PRT Daily Logs

Yes

No

2Y

2Y

CGC34090

Police - ASD

Public Video Security System

Yes

No

3M

3M

DP

Police - ASD

Repossession Cards

Yes

No

1Y

1Y

DP

Police - ASD

Scanned Bail Bond Receipts

Yes

No

1Y

1Y

CGC34090.5

Police - ASD

Scanned Case Management Sheet

No

No

1Y

1Y

DP

Police - ASD

Scanned Detention Certificates/Slips

Yes

No

1Y

1Y

CGC34090.5

Police - ASD

Scanned Jail Booking Packet

Yes

No

1Y

1Y

CGC34090.5

Police - ASD

Scanned Police Reports

Yes

No

1Y

1Y

CGC34090.5

Police - ASD

Scanned Release Vehicle Impound

Yes

No

1Y

1Y

CGC34090.5

Police - ASD

Scanned Subpoenas

Yes

No

1Y

1Y

CGC34090.5

Police - ASD

Scanned Tow Hearing Files

Yes

No

1Y

1Y

CGC34090.5

Tuesday, May 28, 2013

Page 43 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

Police - ASD

Scanned Traffic Accident Report

Yes

No

1Y

1Y

CGC34090.5

Police - ASD

Sealed Adult Police Reports

Yes

No

3Y

3Y

PC 851.8/DP

Police - ASD

Sealed Juvenile Police Reports

Yes

No

5Y

5Y

781 (a) WIC/DP

Police - ASD

Secure/Non Secure Juv. Detention Log

Yes

No

3Y

3Y

CGC34090/DP

Police - ASD

Sign Out Sheet

Yes

No

ACT + 1Y

ACT + 1Y

CGC34090/DP

Police - ASD

Spay/Neuter Deposit Logs

Yes

No

2Y

2Y

CGC34090

Police - ASD

Spay/Neuter Deposit Receipts

Yes

No

2Y

2Y

CGC34090

Police - ASD

Spay/Neuter Vouchers

Yes

No

2Y

2Y

CGC34090

Police - ASD

Stray Animal Affidavit

Yes

No

2Y

2Y

CGC34090

Police - ASD

Training Bulletins/Sign Off Form

Yes

Yes

PERM

PERM

CGC34090/DP

Police - ASD

Vacation Slips

Yes

No

ACT + 2Y

ACT + 2Y

CGC34090/DP

Police - ASD

Volunteer Files

Yes

No

ACT + 1Y

ACT + 1Y

DP

Police - ASD

Worker's Compensation Files/IOD

Yes

No

TR/RM

TR/RM

CGC34090/DP

Police - CID

AFIS Log

Yes

No

U + 2Y

U + 2Y

CGC34090/DP

Police - CID

Booking Hardcopy Fingerprint Card

Yes

No

PERM

PERM

CGC34090/DP

Police - CID

Evidence Logs

Yes

No

U + 2Y

U + 2Y

CGC34090/DP

Police - CID

Field Interview Cards

Yes

No

PERM

PERM

PERM

CGC34090/DP

Police - CID

Film, Color Slides

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

Police - CID

Film, Crime Scene Photo Calls

Yes

No

PERM

PERM

PERM

CGC34090/DP

Police - CID

Film, Mug

Yes

No

10Y

25Y

35Y

CGC34090/DP

Tuesday, May 28, 2013

PERM

PERM

Page 44 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

Police - CID

Film, Negatives

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

Police - CID

Film, Pictures

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

Police - CID

Finger Prints Cards

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

Police - CID

Jail Booking Packet

Yes

No

WIC-TR

WIC-TR

CGC34090/DP

Police - CID

LAFIS Log

Yes

No

U + 2Y

U + 2Y

CGC34090/DP

Police - CID

Latent Prints from Crime Scenes

Yes

No

PERM

PERM

PERM

CGC34090/DP

Police - CID

Murder Books

Yes

No

PERM

PERM

PERM

DP

Police - CID

Negatives

Yes

No

35Y

35Y

CGC34090/DP

Police - CID

Officer Involved Shooting Files

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

Police - CID

Palm Print File

Yes

No

10Y

25Y

35Y

CGC34090/DP

Police - CID

PD Employee Pictures

Yes

No

E + 6Y

E + 6Y

CGC34090/DP

Police - CID

Photo Prints, Photo Calls

Yes

No

PERM

PERM

CGC34090/DP

Police - CID

Request for Live Scan Service

No

No

U + 2Y

U + 2Y

CGC34090/DP

Police - CID

Shoot Review Reports/Memo

Yes

No

PERM

PERM

PERM

CGC34090/DP

Police - CID

Slides, Mug

Yes

No

10Y

25Y

35Y

CGC34090/DP

Police - CID

Specialist Daily Log

Yes

No

U + 2Y

U + 2Y

CGC34090/DP

Police - OCOP

Administrative Hearing Transcript

Yes

No

2Y

2Y

CGC34090

Police - OCOP

After Action Report Memo.

Yes

No

3Y

3Y

CGC34090

Police - OCOP

AI Case File (Non Criminal)

Yes

No

5Y

5Y

CGC34090/DP

Police - OCOP

Asset Seizure Admin. Files

Yes

No

8Y

8Y

CGC34090/DP

Tuesday, May 28, 2013

PERM

Page 45 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

Police - OCOP

Audio Tapes

Yes

No

5Y

5Y

PC 832.5b/DP

Police - OCOP

Complaints - Misc. (Informal)

Yes

No

3Y

3Y

CGC34090/DP

Police - OCOP

Department Annual Report

Yes

No

PERM

PERM

DP

Police - OCOP

Discharge of Firearm Report

Yes

No

3Y

3Y

CGC34090

Police - OCOP

Final Survey Report

Yes

No

5Y

5Y

CGC34090/DP

Police - OCOP

Grant Files

Yes

No

ACT + 5Y

ACT + 5Y

CGC34090/DP

Police - OCOP

Jail Incident Report

Yes

No

3Y

3Y

CGC34090

Police - OCOP

K9 Incident Memo.

Yes

No

E + 3Y

E + 3Y

CGC34090

Police - OCOP

OC Spray Memo.

Yes

No

3Y

3Y

CGC34090

Police - OCOP

Officer Involved Shoot Review

Yes

No

3Y

3Y

CGC34090

Police - OCOP

OPN Memo.

Yes

No

3Y

3Y

CGC34090

Police - OCOP

Personnel Complaints/Tapes

Yes

No

ACT

ACT + 5Y

PC 832.5b/DP

Police - OCOP

Pitchess Motions

Yes

No

PERM

PERM

CGC34090/DP

Police - OCOP

POA Request for Time Off

Yes

No

5Y

5Y

CGC34090/DP

Police - OCOP

Pursuit Memo.

Yes

No

3Y

3Y

CGC34090

Police - OCOP

Special Incidents Files

Yes

No

PERM

PERM

CGC34090/DP

Police - OCOP

Taser Deployment Memo.

Yes

No

3Y

3Y

CGC34090

Police - OCOP

Traffic Accident Review Memo

Yes

No

3Y

3Y

CGC34090

Police - OCOP

Use of Force Worksheet

Yes

No

3Y

3Y

CGC34090

Police - OD

Citizen Complaint Follow-Up Log

Yes

No

2Y

2Y

CGC34090

Tuesday, May 28, 2013

PERM

PERM

PERM

Page 46 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

Police - OD

Court List

Yes

No

2Y

2Y

CGC34090

Police - OD

CSO I Daily Logs

Yes

No

2Y

2Y

CGC34090

Police - OD

CSO II Daily Logs

Yes

No

2Y

2Y

CGC34090

Police - OD

DMV Request for Confidentiality

Yes

No

E + 4Y

E + 4Y

CGC34090/DP

Police - OD

Event Bookings

Yes

No

2Y

2Y

CGC34090

Police - OD

Harbor Service Officer Daily Logs

Yes

No

2Y

2Y

CGC34090

Police - OD

Notice of Violation

Yes

No

ACT + 3Y

ACT + 3Y

CGC34090/DP

Police - OD

NRO Electronic Activity Worksheet

Yes

No

2Y

2Y

CGC34090

Police - OD

Park Ranger Daily Logs

Yes

No

2Y

2Y

CGC34090

Police - OD

Request for Refunds on Court Appearance

No

No

3Y

3Y

CGC34090

Police - OD

Waiver - Ride-A-Along

Yes

No

4Y

4Y

CGC34090/DP

Police - SED

ABC Files

No

No

2Y

2Y

CGC34090/DP

Police - SED

Case Files

No

No

U + 2Y

U + 2Y

CGC34090/DP

Police - SED

Cash Vouchers

Yes

No

3Y

3Y

CGC34090/DP

Police - SED

Citation Request for Dismissal

Yes

No

2Y

2Y

CGC34090/DP

Police - SED

Expired Permits

No

No

2Y

2Y

CGC34090/DP

Police - SED

HLP Team Officer Logs

Yes

No

2Y

2Y

CGC34090/DP

Police - SED

Informant Files

Yes

No

5Y

5Y

CGC34090/DP

Police - SED

K9 Officer Daily Log

Yes

No

5Y

5Y

CGC34090/DP

Police - SED

Laser/Lidar Files

Yes

No

3Y

3Y

CGC34090/DP

Tuesday, May 28, 2013

Page 47 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

Police - SED

Motor Officer Logs

Yes

No

2Y

2Y

CCP335.1/DP

Police - SED

Mounted Officer Daily Log

Yes

No

2Y

2Y

CGC34090/DP

Police - SED

PASD Logs

Yes

No

U + 3Y

U + 3Y

DP

Police - SED

Rental Car Worksheets

Yes

No

1Y

1Y

DP

Police - SED

Taxi Permit Denials

Yes

No

2Y

2Y

CGC34090

Police - SED

TS/TC Officers Daily Logs

Yes

No

2Y

2Y

CGC34090

Police - SED

Valet Permits

Yes

No

2Y

2Y

CGC34090

Pub. Works - Airport

Administrative Files

No

No

ACT

ACT

DP

Pub. Works - Airport

Agenda Packets Commissioner

Yes

No

2Y

PERM

PERM

CGC34090/DP

Pub. Works - Airport

Airport Commission Agenda

Yes

No

2Y

PERM

PERM

CGC34090/DP

Pub. Works - Airport

Airport Commission Minutes

Yes

No

PERM

PERM

PERM

CGC34090

Pub. Works - Airport

AWG Minutes

Yes

No

PERM

PERM

PERM

CGC34090/DP

Pub. Works - Airport

AWG, Project Files

Yes

No

ACT

5Y

ACT + 5Y

CGC34090/DP

Pub. Works - Airport

Flight Activity Log

Yes

No

IND

IND

IND

CGC34090/DP

Pub. Works - Airport

Grant Files

Yes

No

PERM

PERM

PERM

CGC34090/DP

Pub. Works - Airport

Lease Files, Aviation

Yes

Yes

ACT + 2Y

PERM

PERM

CGC34090/DP

Pub. Works - Airport

Lease Files, Commercial

Yes

No

ACT + 2Y

8Y

ACT + 10Y

CGC34090/DP

Pub. Works - Airport

Month-End Files

No

No

3Y

3Y

CGC34090

Pub. Works - Airport

Noise Reports

Yes

No

IND

IND

IND

CGC34090/DP

Pub. Works - Airport

Personnel Files

No

No

E

TR/HR

E + TR/HR

CGC34090/DP

Tuesday, May 28, 2013

Page 48 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

Pub. Works - Airport

Project Files

Yes

No

ACT

5Y

ACT + 5Y

CGC34090/DP

Pub. Works - Airport

Security Logs

Yes

No

IND

IND

IND

CGC34090/DP

Pub. Works - Airport

Payroll Records (Electronic)

Yes

No

3Y

3Y

CGC34090/DP

Pub. Works - Architecture

Bids, Unsuccessful

Yes

No

3Y

3Y

CGC34090

Pub. Works - Architecture

Budget Working Papers

Yes

No

3Y

3Y

CGC34090

Pub. Works - Architecture

Drawing, Project (Electronic)

Yes

No

PERM

PERM

PERM

CGC34090/DP

Pub. Works - Architecture

Engineering Drawings

Yes

No

PERM

PERM

PERM

CGC34090/DP

Pub. Works - Architecture

Personnel Files

No

No

E

TR/HR

E + TR/HR

CGC34090

Pub. Works - Architecture

Special Provisions

Yes

No

PERM

PERM

PERM

CGC34090/DP

Pub. Works - Cemetery

ACME Visible files

Yes

Yes

U

U

DP

Pub. Works - Cemetery

Contract Books

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

Pub. Works - Cemetery

Deed to Cemetery Plot

Yes

No

PERM

PERM

PERM

CGC34090/DP

Pub. Works - Cemetery

Funeral Books

Yes

Yes

PERM

PERM

PERM

HS 7955

Pub. Works - Cemetery

Interment Books

Yes

Yes

PERM

PERM

PERM

HS 7955

Pub. Works - Cemetery

Interment Records

Yes

Yes

PERM

PERM

PERM

HS 8128

Pub. Works - Cemetery

Maps

Yes

Yes

PERM

PERM

PERM

HS 7955

Pub. Works - Cemetery

Plot Books

Yes

Yes

PERM

PERM

PERM

HS 7955

Pub. Works - Cemetery

Plot Invoices

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

Pub. Works - Cemetery

Pre Need Records

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

Pub. Works - Cemetery

Receipt Books

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

Tuesday, May 28, 2013

Page 49 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

Pub. Works - Cemetery

Sales Orders Books

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

Pub. Works - Cemetery

Summary of Daily Cash Collected

Yes

Yes

PERM

PERM

PERM

CGC34090/DP

Pub. Works - Custodial

Budget Working Papers (Electronic)

Yes

No

3Y

3Y

CGC34090

Pub. Works - Custodial

Personnel Files

No

No

E

E + TR/HR

CGC34090/DP

Pub. Works - Custodial

Punch Time Cards

No

No

2Y

2Y

CGC34090/DP

Pub. Works - Custodial

Time Cards (Electronic)

No

No

2Y

2Y

CGC34090/DP

Pub. Works - Engineering

Bids, Unsuccessful

Yes

No

3Y

3Y

CGC34090

Pub. Works - Engineering

Certified Payrolls

Yes

Yes

ACT

3Y

ACT + 3Y

DP

Pub. Works - Engineering

DR Project Files

Yes

No

PERM

PERM

PERM

CGC34090/DP

Pub. Works - Engineering

Drawing, Project (Electronic)

Yes

No

PERM

PERM

PERM

CGC34090/DP

Pub. Works - Engineering

Easements

Yes

No

PERM

PERM

PERM

DP

Pub. Works - Engineering

Engineering Drawings

Yes

No

PERM

PERM

PERM

CGC34090/DP

Pub. Works - Engineering

Grant Files

Yes

Yes

ACT

5Y

ACT + 5Y

24CFR570.502(b)(3)

Pub. Works - Engineering

Human Resources Files

No

No

E

TR/HR

E + TR/HR

CGC34090

Pub. Works - Engineering

Inspection Photos

Yes

No

IND

IND

IND

CGC34090/DP

Pub. Works - Engineering

Lot Line Adjustment

No

No

PERM

PERM

PERM

DP

Pub. Works - Engineering

Parcel Maps

No

No

PERM

PERM

PERM

DP

Pub. Works - Engineering

Parcel Mergers

No

No

PERM

PERM

PERM

DP

Pub. Works - Engineering

Permits & Excavations

No

No

ACT + 2Y

ACT + 2Y

CGC34090

Pub. Works - Engineering

Permits, Encroachment

Yes

Yes

PERM

PERM

H&S198501, 4003

Tuesday, May 28, 2013

TR/HR

PERM

Page 50 of 56

Dept/Div

Records Series Title

Original Vital

In Office

Pub. Works - Engineering

Permits, Films

Yes

No

ACT + 2Y

Pub. Works - Engineering

Permits, Mitigate

Yes

No

2Y

Pub. Works - Engineering

Permits, Street

Yes

No

Pub. Works - Engineering

Permits, Street Repair

Yes

Pub. Works - Engineering

Permits, Use of Property

Pub. Works - Engineering

In Storage

Total Retention

Legal Citation

ACT + 2Y

CGC34090

10Y

CGC34090/DP

10Y

10Y

CGC34090/DP

No

2Y

2Y

CGC34090

Yes

No

ACT + 2Y

ACT + 2Y

CGC34090

Permits, Utility Excavate

Yes

Yes

PERM

PERM

PERM

CGC34090

Pub. Works - Engineering

Permits, Wastewater Fee

Yes

No

5Y

3Y

8Y

CGC34090

Pub. Works - Engineering

Permits, Water Meters

Yes

No

5Y

3Y

8Y

CGC34090/DP

Pub. Works - Engineering

Special Provisions

Yes

No

PERM

PERM

PERM

CGC3409O/DP

Pub. Works - Engineering

Tract Maps

No

No

PERM

PERM

PERM

DP

Pub. Works - Engineering

Video Inspection, Post Construction

Yes

No

PERM

PERM

PERM

CGC34090/DP

Pub. Works - Engineering

Video Inspection, Pre Construction

Yes

No

PERM

PERM

PERM

CGC34090/DP

Pub. Works - Facilities

Budget Working Papers

Yes

No

2Y

2Y

CGC34090

Pub. Works - Facilities

Daily Activity Log (Electronic)

Yes

No

10Y

10Y

DP

Pub. Works - Facilities

Daily Repair Log (Electronic)

Yes

No

15Y

15Y

CGC34090/DP

Pub. Works - Facilities

Graffiti Removal Consent Forms

Yes

No

ACT + 3Y

ACT + 3Y

DP

Pub. Works - Facilities

Inventory Street Light Map

Yes

Yes

PERM

PERM

DP

Pub. Works - Facilities

Job Folders

Yes

No

U

U

DP

Pub. Works - Facilities

Project Files

Yes

No

U

U

DP

Pub. Works - Facilities

Proposal, Rejected

Yes

No

U

U

CGC34090

Tuesday, May 28, 2013

8Y

PERM

Page 51 of 56

Dept/Div

Records Series Title

Original Vital

In Office

Pub. Works - Facilities

Request For Proposal (Electronic)

Yes

No

R

Pub. Works - Facilities

Street Light Repair Log

Yes

No

PERM

Pub. Works - Facilities

Work Order, D/B Electronic

Yes

No

IND

Pub. Works - Pier Main.

Payroll Reports (Electronic)

No

No

Pub. Works - RRR

Allan Recycling Tickets

No

Pub. Works - RRR

Blue Prints

Pub. Works - RRR

In Storage

Total Retention

Legal Citation

R

DP

PERM

PERM

CGC34090/DP

IND

IND

CGC34090/DP

3Y

3Y

DP

Yes

C + 3Y

C + 3Y

CGC34090/DP

Yes

No

LB

LB

CGC34090/DP

C&D Mgmt. Plan

Yes

Yes

LP

CGC34090/DP

Pub. Works - RRR

Cash Turn-In Reports

Yes

No

C + 1Y

C + 1Y

DP

Pub. Works - RRR

Citations/Notification

Yes

No

C + 1Y

C + 1Y

DP

Pub. Works - RRR

Community Service Workers

Yes

No

2Y

2Y

DP

Pub. Works - RRR

Landfill Receipts

Yes

No

C + 3Y

C + 3Y

CGC34090/DP

Pub. Works - RRR

Missed Kronos Punch Forms

Yes

No

C + 2Y

C + 2Y

CGC34090/DP

Pub. Works - RRR

Northstar Work Orders

Yes

No

1Y

1Y

DP

Pub. Works - RRR

Private Hauler Reports

Yes

Yes

3Y

3Y

CGC34090/DP

Pub. Works - RRR

Private Hauler Vendor Files

No

Yes

3Y

3Y

CGC34090/DP

Pub. Works - RRR

Receipt Books

Yes

No

C + 1Y

C + 1Y

DP

Pub. Works - RRR

Request for Add'l. Comp. - OT

Yes

No

C + 2Y

C + 2Y

CGC34090/DP

Pub. Works - RRR

SCD Transfer Tickets

Yes

Yes

C + 3Y

C + 3Y

CGC34090/DP

Pub. Works - RRR

Transfer Station Credit App

Yes

No

3Y

3Y

CGC34090/DP

Pub. Works - RRR

Vehicle Safety Check (Non Comm)

No

No

2Y

2Y

DP

Tuesday, May 28, 2013

LP

IND

Page 52 of 56

Dept/Div

Records Series Title

Pub. Works - RRR

Vendor Payments

Pub. Works - Street/Fleet

Fleet - CHP Bit Inspection

Pub. Works - Street/Fleet

Original Vital

In Office

In Storage

Total Retention

Legal Citation

Yes

No

C + 2Y

C + 2Y

CGC34090/DP

No

Yes

2Y

2Y

VC34501.12

Fleet - Heavy Duty Driver Insp. Report

Yes

Yes

3M

3M

CFR396.11

Pub. Works - Street/Fleet

Fleet - Periodic Smoke Inspection (PSI)

Yes

Yes

ACT + 2Y

ACT + 2Y

13CCR2190

Pub. Works - Street/Fleet

Fleet - Preventive Maintenance Docs.

Yes

Yes

LV

LV

DP

Pub. Works - Street/Fleet

Fleet - Smog Inspection Docs.

Yes

Yes

ACT + 3Y

ACT + 3Y

HS44019

Pub. Works - Street/Fleet

Street - Asphalt Work Orders

Yes

No

ACT + 6Y

ACT + 6Y

CGC34090/DP

Pub. Works - Street/Fleet

Street - Concrete Work Orders

Yes

No

ACT + 6Y

ACT + 6Y

CGC34090/DP

Pub. Works - Street/Fleet

Street - Sidewalk Inspections

Yes

No

ACT + 6Y

ACT + 6Y

CGC34090/DP

Pub. Works - Street/Fleet

Street - Warehouse Requisition Forms

Yes

No

2Y

7Y

9Y

DP

Pub. Works - Street/Fleet

Street - Work Orders, D/B Electronic

Yes

No

IND

IND

IND

CGC34090/DP

Pub. Works - WR - Admin. Applications

Yes

No

PERM

PERM

PERM

DP

Pub. Works - WR - Admin. Books

Yes

No

PERM

PERM

PERM

DP

Pub. Works - WR - Admin. Hyperion

Yes

No

2Y

10Y

12Y

CGC34090/DP

Pub. Works - WR - Admin. Invoices, Moss Avenue

No

No

IND

IND

IND

CGC34090/DP

Pub. Works - WR - Admin. Litigation Files

No

Yes

ACT

10Y

ACT + 10Y

DP

Pub. Works - WR - Admin. Ordinance, Water Division

No

No

R

R

DP

Pub. Works - WR - Admin. Permitted Files

Yes

No

ACT

30Y

ACT + 30Y

29CFR1910.120

Pub. Works - WR - Admin. Project Files

Yes

No

ACT

5Y

ACT + 5Y

CGC34090/DP

Pub. Works - WR - Admin. Project Files MTBE

Yes

No

ACT

10Y

ACT + 10Y

DP

Tuesday, May 28, 2013

Page 53 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

Pub. Works - WR - Admin. Property Tax Invoices

Yes

No

PERM

PERM

PERM

26CFR301.6501/DP

Pub. Works - WR - Admin. Surveys

Yes

No

PERM

PERM

PERM

CGC34090/DP

Pub. Works - WR - CY

Billables

Yes

No

3Y

3Y

DP

Pub. Works - WR - CY

Construction Maps

No

No

PERM

PERM

DP

Pub. Works - WR - CY

Damage Rpt, City Property (Electronic)

No

No

3Y

3Y

DP

Pub. Works - WR - CY

Damage Rpt, Vehicle (Electronic)

No

No

3Y

3Y

DP

Pub. Works - WR - CY

Fire Hydrant Flow Tests (Electronic)

No

No

PERM

PERM

CGC34090/DP

Pub. Works - WR - CY

Flow Charts

Yes

No

6Y

6Y

CGC34090/DP

Pub. Works - WR - CY

Gen Liability Accident Rpt. (Electronic)

No

No

3Y

3Y

CGC34090

Pub. Works - WR - CY

Inspection Reports (Electronic)

Yes

No

5Y

5Y

CGC34090/DP

Pub. Works - WR - CY

Meter Read (Electronic)

No

No

1Y

1Y

DP

Pub. Works - WR - CY

Valves Books

Yes

No

PERM

PERM

CGC34090/DP

Pub. Works - WR - CY

Vehicle Inspection Report

No

No

3Y

3Y

CGC34090

Pub. Works - WR - CY

Waste/Water Maps

Yes

No

PERM

PERM

PERM

CGC34090/DP

Pub. Works - WR - CY

Water Main Failure Reports

No

No

PERM

PERM

PERM

CGC34090/DP

Pub. Works - WR - CY

Water Maps

Yes

No

PERM

PERM

PERM

CGC34090/DP

Pub. Works - WR - CY

Work Orders (Electronic)

Yes

No

PERM

PERM

PERM

DP

Pub. Works - WR - PP

Administrative Files

Yes

No

LOB

LOB

LOB

CGC34090/DP

Pub. Works - WR - PP

Permits, Sewer

Yes

No

LOB

IND

LOB

CGC34090/DP

Pub. Works - WR - PP

Project Files

Yes

No

LOB

IND

LOB

CGC34090/DP

Tuesday, May 28, 2013

PERM

PERM

PERM

Page 54 of 56

Dept/Div

Records Series Title

Pub. Works - WR - PP

Reference Materials

Pub. Works - WR - Wtr.

Original Vital

In Office

In Storage

Total Retention

Legal Citation

Yes

No

U

U

DP

Consumer Complaints

No

No

5Y

5Y

22CCR64469

Pub. Works - WR - Wtr.

Daily Treatment & Prod. Report

No

No

IND

IND

IND

22CCR64469

Pub. Works - WR - Wtr.

Lab Reports, Data

Yes

Yes

IND

IND

IND

40CFR141.91

Pub. Works - WR - Wtr.

Lab Summary Reports

Yes

No

IND

IND

IND

CGC34090/DP

Pub. Works - WR - Wtr.

Pressure Charts

Yes

No

IND

IND

IND

CGC34090/DP

Pub. Works - WR - Wtr.

Reference Research

No

No

R

R

DP

Pub. Works - WR - Wtr.

Report - Edit Journal

No

No

1Y

1Y

DP

Pub. Works - WR - Wtr.

VOA Data

Yes

No

10Y

10Y

40CFR141.33

Pub. Works - WR - Wtr.

Warranty Files

No

No

ACT

ACT

DP

Pub. Works - WR - Wtr.

Well History

Yes

No

PERM

PERM

CGC34090

Public Works - Airport

Payroll Records

No

No

3Y

3Y

CGC34090/DP

Tuesday, May 28, 2013

PERM

Page 55 of 56

Dept/Div

Records Series Title

Original Vital

In Office

In Storage

Total Retention

Legal Citation

Approvals: City Attorney: ___________________________________________Date_____________ City Clerk: _____________________________________________Date_____________ Resolution No. : _________________________________________Date ______________

Retention Codes: AA = After Audit, ACT = While Active or Term Ends or Expires, AR = After Recorded, C = Current, DP = Department Policy, E = While Employed, HS = Health and Safety, IND = Indefinite, LB = Life of Building, LOB = Life of Business, LP = Life of Project, LV = Life of Vehicle, M = Months, PE = Parking Enforcement, PERM = Permanent, P/O = Printouts, R = Reference, S = Until Superseded or Recorded Over, T = Term, TR = Transfer to Police Records, TR/HR = Transfer to Human Resources, TR/RM = Transfer to Risk Management, U = As long as the document is useful, Y = Years, AG OP = Attorney General Opinions, CCP = Code of Civil Procedure, CFR = Code of Federal Regulations, CGC = California Government Code, CLC = California Labor Code, EC = Election Codes, LC = Legal Consideration, PC = Penal Code, UFC = Uniform Fire Code, USC = United State Code and WIC = Welfare and Institutions Code. * Current technology does not allow for one year retention period, ** See seperate document for retention periods based on City Council meeting outcomes.

Tuesday, May 28, 2013

Page 56 of 56

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 3-G To:

Mayor and City Council

From:

David Martin, Director, Planning and Community Development

Subject:

Resolution Approving Final Parcel Map No. 71387 for a 4-Unit Condominium Project at 1621 Franklin Street.

Recommended Action Staff recommends that the City Council adopt the attached resolution approving Final Parcel Map No. 71387. Executive Summary This report transmits for City Council approval a F inal Parcel Map for the following condominium project. T he Tentative Parcel Map was approved by the Planning Commission on April 20, 2011. PARCEL MAP

ADDRESS

SUBDIVIDER

No. 71387

1621 Franklin Street

Saeed Farzam

UNITS 4

Discussion After a public hearing and careful review of the record and staff recommendations, the Planning Commission approved a Tentative Parcel Map for the above project on April 20, 2011. The action of the Planning Commission was based on its findings that the proposed subdivision will have no s ignificant environmental impact and is in conformance with all state and local laws and regulations, and applicable General Plan Elements. The Final Map conforms to the Tentative Map. The developer will be required to show proof of payment of the condominium tax of $4,000 prior to issuance of building permit. The Final Map has been approved by the Los Angeles County Engineer’s office and certified by the City Engineer for conformance with the Tentative Map and 1

conditions thereon, the Subdivision Map Act and local ordinances. The City Engineer’s office indicates that there are no r equired off-site public improvements. The City Attorney's office has approved the Covenants, Conditions and Restrictions for the Final Map as complying with the conditions of the Tentative Map and applicable laws.

Financial Impacts & Budget Actions There is no i mmediate financial impact or budget action necessary as a r esult of the recommended action.

Prepared by: Russell Bunim, Associate Planner

Approved:

Forwarded to Council:

David Martin, Director Planning & Community Development

Rod Gould City Manager

Attachments:

A.

Resolution

2

City Council Meeting: June 25, 2013

Santa Monica, California

RESOLUTION NUMBER _________ (CCS) (City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING THE FINAL SUBDIVISION MAP FOR PARCEL MAP NO. 71387 TO SUBDIVIDE A PROPERTY AT 1621 FRANKLIN STREET THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. That the Final Map for Tract No. 71387 in the City of Santa Monica is hereby accepted and approved. SECTION 2. That the City Clerk hereby is authorized and di rected to endorse upon the face of said Map this order authenticated by the Seal of the City of Santa Monica. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: _______________________ MARSHA JONES MOUTRIE City Attorney

3

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 3-H To:

Mayor and City Council

From:

David Martin, Director of Planning & Community Development

Subject:

Engineering and Traffic Survey to Review and Update Speed Limits

Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a pr ofessional service agreement with Kimley-Horn Associates, Inc. (KHA), a California-based company, in an amount not to exceed $80,000 for the completion of an Engineering and Traffic Survey to review and update speed limits in the City. Executive Summary The State of California Vehicle Code Section 22358 allows local jurisdictions to use the results of an Engineering and Traffic Survey to justify the establishment of speed limits lower than 55 miles per hour on certain streets. Staff is requesting Council approval to negotiate and execute a professional service agreement with Kimley-Horn and Associates, Inc. in an amount not to exceed $80,000 to update the City’s 2009 Engineering and Traffic Survey. Background The City of Santa Monica uses three tools to encourage motorists to travel at safe speeds: education, engineering and enforcement. This establishment of speed limits through an Engineering and Traffic Survey strengthens the enforcement effort. The California Vehicle Code establishes permitted speeds on City streets and allows local jurisdictions to reduce speeds and enforce reduced speeds based on an Engineering and Traffic Survey.

T he Santa Monica Municipal Code (S.M.M.C.

3.12.490) sets forth the streets where speed limits have been modified. Discussion The most recent Engineering and T raffic Survey was completed by a r egistered 1

engineer in 2006 and certified in May 2009. The Vehicle Code Section 40802 requires that a new survey be c onducted every five to ten years; as such, a new survey is necessary. The Engineering and Traffic Survey will provide the justification for Council to establish speed limits at, above, or below limits currently established in the Municipal Code, as well as to establish speed limits on all other streets where such a survey is required to support radar enforcement. Contractor/Consultant Selection A request for proposals (RFP) was released on March 18, 2013 to obtain proposals from qualified firms to complete an Engineering and T raffic Survey. The City received 10 proposals.

A selection committee consisting of staff from the Planning and

Community Development Department, Transportation Engineering and M anagement Division reviewed all submitted proposals.

The selection committee evaluated the

proposals from all 10 firms based on selection criteria outlined in the RFP, which included: willing and able to perform all aspects of the contract, assurance of delivery of all service within specifications, adequacy of service personnel to satisfy any service problems that may arise during all phases of the contract, firm’s necessary facilities and financial resources to complete the contract within the anticipated timeframe, and proposed scope of services are responsive to the specifications and other requirements contained in this RFP. Based on the proposals, the selection committee recommends KHA to complete the Engineering and Traffic Survey. K HA met or exceeded all of the requirements and criteria. T hey demonstrated proficiency in managing similar surveys of this size and scope, including previous Engineering and Traffic Surveys for the City of Santa Monica. They also have the staff resources and availability to complete the project within the City’s aggressive schedule.

Finally, the proposed budget for the KHA team was

comparable to all other proposals and adequate to complete the job.

2

Financial Impacts & Budget Actions The agreement to be awarded to Kimley-Horn Associates, Inc. is for an amount not to exceed $80,000. Funds are available in the FY 2012-14 Capital Improvement Program budget in account C017072.589000. Prepared by: Sam Morrissey, P.E., City Traffic Engineer Approved:

Forwarded to Council:

David Martin, Director Planning and Community Development Department

Rod Gould City Manager

3

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 3-I To:

Mayor and City Council

From:

David Martin, Director of Planning & Community Development

Subject:

Pilot Car Share Program

Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a two-year contract with the Hertz Corporation, a New Jersey-based company, at no cost to provide a pilot car sharing program in the City of Santa Monica, with one additional three-year renewal option Executive Summary The contract to be awarded to Hertz would provide a two year pilot car sharing program in the City of Santa Monica at no cost. The contractor would agree to performance criteria set by the City that addresses program characteristics including customer service and vehicle availability, greenhouse gas emissions and marketing. The City would provide at least ten on and/or off-street parking spaces for the program. The car sharing program would offer pre-approved members a fully automated on-line reservation and billing system that would provide access to a fleet of self-service vehicles strategically placed throughout the City. Development of this program is an essential tool in contributing towards the City’s Land U se and Circulation Element (LUCE) goal of No Net New PM Peak Hour Vehicle Trips. It is anticipated that the pilot public car share program would begin operation in fall 2013. If the program is deemed successful, an additional three-year option may be exercised to extend the contract. The extension would allow for the option of negotiating provisions for the City to recover lost parking space revenue and/or a possible profit sharing arrangement. Background Car sharing, a membership based system where pre-approved members have access to private automobiles at a specified hourly or daily rate (inclusive of fuel, insurance, and maintenance), is a r elatively new concept in personal mobility. C ar sharing services first became popular in the San Francisco Bay Area in the early 2000s. Car sharing soon spread to Southern California, and by 2005 Santa Monica was home to a 1

number of car share vehicles for use by pre-approved members. All of these car share vehicles were located in designated off-street parking facilities. Due to contractions within the industry, by 2008 c ar sharing had disappeared from Santa Monica and the majority of Southern California cities. Development of a car sharing program is an es sential tool in contributing towards the City’s Land U se and Circulation Element (LUCE) goal of No Net New PM Peak Hour Vehicle Trips. The City is served by Santa Monica’s Big Blue Bus and Metro Regional bus service and will host three light rail stations by 2016. Research has shown a beneficial relationship between the availability of car sharing and transit ridership, including a r educed reliance on c ar ownership. The City is focused on c losely integrating land use and transportation measures, including strong Transportation Demand Management strategies. Implementing an e asily accessible car sharing program complements the City’s investments in transit, pedestrian and bicycle facilities and supports multi-modal transportation choices and is included in the department’s work plan for FY13-15. The City envisions developing a c ar sharing program and establishing a legal relationship whereby the private firm would implement, market, and manage the program and t he City would provide on-street and/or off-street parking assets. On February 23, 2010, Council directed staff to pursue a car sharing program. On July 10, 2012, Council approved Ordinance 2403 which allows staff to designate specific onstreet parking spaces for the exclusive use of car share vehicles. Discussion The addition of a public car sharing service in Santa Monica for visitors, residents, and workers would facilitate choosing transit, biking, walking, or carpooling for primary trips by offering the option of an automobile for trips where a vehicle is necessary. The rollout of the pilot program is anticipated to require an initial investment of staff resources in

2

the form of stakeholder meetings and identifying site locations followed by ongoing monitoring and oversight. Car Share Provider Participation The car sharing provider would cover all direct costs associated with the pilot program. Additionally, the car sharing organization must meet the following expectations. Language to this effect would be included in the contract. 1. Availability, choice and quality vehicles • Vehicles are available, well maintained and clean. • A range of vehicles are offered to addresses customer demand (including alternative fuel options). 2. Customer service and user interface – • Prompt customer service response to vehicle maintenance, membership and other issues. • Accessible user interface through web and mobile applications.

billing,

3. Affordability - The program must be reasonably priced with pricing levels guaranteed for the duration of the pilot program. Exhibit A shows the rates included in Hertz’s proposal to the City. Exhibit A

3

4. Marketing Program - Provider would conduct an ex tensive marketing program a wide range of potential users, including residents, employees and visitors, and: Provide information and links to information about local transit options and programs that support alternative transportation. • Partner with local organizations, businesses, employers, property managers, and organizations for marketing purposes. • Target outreach to underserved neighborhoods and neighborhoods with high parking demand.

•

5. Commitment to Greenhouse Gas Emissions Reduction - Vehicles are expected to be either zero emission, hybrid or at the top of their class in terms of fuel efficiency and emissions. 6. Hiring locally - priority to Santa Monica residents in hiring and compliance with the City’s Living Wage Ordinance. 7. Indemnification - The program would not create financial risks to or burdens upon the City and the operator must fully and unconditionally indemnify the City. City Participation The City would assist in the implementation of the car sharing pilot program in the following ways: 1. Provision of on-street and/or off-street parking spaces – The City would provide at least 10 on-street and/or off-street parking spaces free of charge to be reserved for car sharing vehicles for the purpose of the pilot program and sign them accordingly. Some spaces may include Electric Vehicle Supply Equipment (EVSE). The City would assist in identifying optimal locations for car sharing vehicles based on existing demand, proximity to public transportation, proximity to major employers and o ther land uses. The locations of car share spaces on public property are to be m utually agreed upon b etween the City and t he car share operator. To further the City’s goals, emphasis would be on locating at: 1) transit stations and other transportation hubs, 2) in and ar ound major employment centers, and 3) in and around high density residential areas with apartment buildings and condominiums. 2. Towing of non-car sharing vehicles from designated parking spaces – Certain onstreet spaces would be designated for car share vehicles only. These spaces would be signed as car share vehicle parking only, and all other vehicles would be subject to towing. This would allow for towing of any non-car sharing vehicle 4

from posted on-street car sharing parking spaces. The same would hold true for posted off-street car sharing spaces. 3. Assistance in marketing and pr omotion – The City has an extensive network including employer rideshare coordinators, developers, residential property management companies, educational institutions, corporations, neighborhood associations, merchant associations, and non-profit organizations interested in offering car sharing to their residents, students and/or employees. The City would assist to the extent that staff resources are available. 4. Potential future City use of car share services – During the pilot program the City would explore the potential use of car share services to supplement its own pool of vehicles for general employee use and to reduce the need to purchase/manage/maintain additional pool vehicles. The City would work with the car share operator to determine the costs and logistics for the use of car share vehicles to supplement City pool vehicles. The car sharing organization would initially enter into a two-year pilot agreement, pending Council authorization. The contract would contain a provision for an optional three-year extension. The extension would allow for the option of negotiating provisions for the City to recover costs associated with lost parking space revenue and/or possible profit sharing arrangements with the car sharing organization based on specified targets. The City of Los Angeles is currently considering similar arrangements with car sharing organizations. Contractor Selection A request for proposals (RFP) was released in September 2012. The City received four proposals from qualified firms. The proposals were reviewed according to the selection criteria identified in the RFP, and two firms were selected for interview. S taff recommends Hertz is the best bidder based on the following criteria: •

Hertz has been identified as having the greatest willingness and ability to perform all aspects of the proposal, including delivery of all service and software within specifications contained in the RFP.

•

Hertz has the best plan for service personnel to satisfy any service problems that may arise during all phases of the contract. 5

•

Hertz has been d etermined to have all necessary facilities and financial resources to complete the contract within the anticipated timeframe.

•

The proposed program, vehicles, service and software provided by Hertz were the most responsive to the specifications and other requirements contained in the RFP.

•

Hertz demonstrated the best understanding of project objectives.

•

Hertz had the best record and references for demonstrated experience in delivering car sharing in similar environments.

Next Steps Staff would work with the provider to identify and prepare agreed upon locations. A contract for a two-year pilot car share program would be negotiated and executed. Staff would work with the Police Department on training and enforcement. It is anticipated that the pilot public car share program would begin operations in fall 2013.

Once the pilot program is underway, City staff would monitor car share utilization information to ensure that the program is being well utilized in the City. Staff would also work with regional stakeholders, primarily Los Angeles Department of Transportation (LADOT) staff, to compare the City’s pilot program usage with other permanent car share programs. In the City of Los Angeles, it is staff’s understanding that LADOT is currently developing an operator contract that allows for revenue sharing with the City of Los Angeles if certain designated levels of utilization are reached by the car sharing program. Furthermore, it is staff’s understanding that LADOT’s operator contract would provide for complete cost recovery for all City resources, including signage and lost parking revenue. Staff would utilize the regular reporting to be required as a part of the pilot car share program agreement to determine if it would be possible to transition the program from a pilot to a longer-term option where the City would have the opportunity to recover all costs for City resources and also share in the revenues created by a successful car share program.

6

Financial Impacts & Budget Actions There is no i mmediate financial impact or budget action necessary as a r esult of the recommended action, aside from potential revenue losses due to the provision of up to 10 on-street parking spaces for the exclusive use of car share vehicles. S taff would work with the Finance Department when locating on-street spaces for the exclusive use of car share vehicles to ensure that the vehicles are placed in locations where on-street utilization is not at 100% to minimize potential parking meter revenue loss. There would be no out-of-pocket expenditures other than signage for the parking spaces.

The

signage would be less than $1,000 and can be absorbed by existing account 014213.544010. Prepared by: Sam Morrissey, P.E., City Traffic Engineer Approved:

Forwarded to Council:

David Martin, Director Planning and Community Development Department

Rod Gould City Manager

7

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 3-J To:

Mayor and City Council

From:

David Martin, Director of Planning & Community Development

Subject:

Professional Evaluations

Services

Agreement

for

Pedestrian

Safety

Device

Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a new Professional Services Agreement with DKS Associates, Inc. (“DKS”), an Oregon-based company in the amount of $12,349 to provide a study of new pedestrian enhancements at various locations throughout the City. Executive Summary In January 2012, following a competitive bidding process, DKS Associates was selected to provide professional consulting services to complete a study of new pedestrian enhancements at various locations throughout the City. Since initiating the project in 2012, staff identified additional locations to deploy and evaluate new pedestrian warning signs with flashing LED lights embedded in the borders. The original scope of work was below the threshold for Council approval and this additional work brings it above, requiring Council approval. With the approval of this recommendation, the projects scope would include additional locations where new pedestrian enhancements were warranted. The total of the original agreement along with this new agreement will not exceed $77,349. Background In recent years the Transportation Engineering and M anagement Division staff have completed evaluations of a variety of innovative pedestrian enhancements – In-roadway warning light (IRWL) systems, rectangular rapid flashing beacons (RRFBs), and circular rapid flashing beacons (CRFBs). T he purpose of these evaluations has been to determine the effectiveness of these devices in increasing driver yielding response to pedestrians crossing a roadway.

1

Discussion In January 2012, staff initiated a professional services agreement with DKS to perform before and after evaluations of pedestrian enhancements at various locations. The locations evaluated include: San Vicente at 4th and 14th, Montana Avenue between 9th and 20th Streets, and 23rd Street from Ocean Park Boulevard to the South City Limit. The project evaluated new pedestrian warning signs with flashing LED lights embedded in the borders. By January 2013, DKS completed the majority of the work associated with the agreement, and the original agreement has since expired.

Since project

initiation, staff identified additional locations where new pedestrian enhancements were warranted to address documented concerns. In order to have a better understanding of the effectiveness of these new pedestrian enhancements, it will be helpful to install the enhancements and evaluate at several more locations. The original scope of work was below the threshold requiring Council approval; however, this additional scope of work requires a new agreement and would bring the total amount paid to DKS above the threshold requiring Council approval.

Contractor/Consultant Selection On May 21, 2009, a request for qualifications (RFQ) was released to obtain Statements of Qualifications (SOQs) from qualified firms to complete various pedestrian safety studies throughout the City. Nine SOQ’s were received and evaluated by a panel of City staff based on the criteria in the RFQ and identified areas of expertise for each firm. The criteria set forth in the RFQ included understanding and approach to the work, quality and ex perience with similar kinds of work, financial responsibility, and cost control. B ased on the qualifications presented by DKS Associates, Inc. in their SOQ package, the City requested a formal scope and fee proposal to complete a study of new pedestrian enhancements at various locations throughout the City. D KS was identified as best bidder based on their ability to perform all aspects of the specific project, including delivery of all service within specifications contained in the RFQ.

2

Financial Impacts & Budget Actions The agreement to be awarded to DKS Associates, Inc. is for an amount not to exceed $12,349. Funds are available in the FY 2012-14 Capital Improvement Program budget. The agreement will be charged to account C010456.589000. Prepared by: Sam Morrissey, P.E., City Traffic Engineer

Approved:

Forwarded to Council:

David Martin, Director Planning and Community Development Department

Rod Gould City Manager

3

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 3-K To:

Mayor and City Council

From:

David Martin, Director of Planning & Community Development

Subject:

Professional Services Pedestrian Study

Agreement

Modification

for

Hospital

Area

Recommended Action Staff recommends that the City Council: 1) Authorize the City Manager to negotiate and execute a second modification to Professional Services Agreement #2238 in the amount of $5,800 with KOA Corporation, a California-based company to complete additional analysis for the Hospital Area Pedestrian Study. This will result in a two year amended agreement with a new total amount not to exceed $75,790. 2) Appropriate the budget increase and authorize the budget change outlined in the Financial Impacts and Budget Actions section of this report. Executive Summary The KOA Corporation has been assisting the City in evaluating pedestrian mobility in the areas immediately surrounding and between the two local hospitals. Work to-date has included a detailed evaluation of existing conditions, including sidewalk conditions and street lighting levels, as well as the completion of more than 400 individual surveys of hospital employees and visitors. Based on the evaluation of existing conditions and survey responses, additional potential solutions have been identified. I n order to determine if these potential solutions are viable, staff recommends a modification to KOA’s professional services agreement in the amount of $5,800 so that additional analyses can be completed. Background Vendor Selection On February 8, 2011, the City published a request for proposals (RFP) to obtain proposals from qualified firms to complete a study of pedestrian mobility in the areas surrounding the two local hospitals. The bid was posted on the City’s on-line bidding site. Three bids were received and evaluated by a panel of City staff based on the 1

criteria in the RFP. The criteria set forth in the RFP included experience completing similar projects, experience working in similar urban areas, experience conducting pedestrian evaluations, and positive references from previously completed projects. Staff selected KOA to complete an evaluation of pedestrian mobility in the areas immediately surrounding and between the two local hospitals.

KOA was selected

based on t heir proven experience completing similar pedestrian evaluations in similar urban areas. T he references for projects completed by KOA were all positive and indicated a s trong ability to complete pedestrian evaluations. As compared to other firms, the KOA team had the best experience, the best references, and was identified as being able to best complete the work within the available budget and schedule. KOA began this project in the summer of 2011, and is nearing the completion of the original professional services agreement. The original scope of work was for an amount not to exceed $55,710. The first modification of the professional services agreement on January 5, 2012 in the amount of $14,280 made a t otal agreement not to exceed $69,990, below the threshold for Council approval. additional locations is for $5,800.

The second modification for

This will bring the total agreement for KOA to

$75,790. Discussion Since beginning this study, KOA has identified potential improvements at the intersection of Wilshire Boulevard/16th Street. While this location was included in the original professional services agreement, it was not anticipated that any improvements would be r ecommended.

After conducting a s urvey of more than 400 hospital

employees and visitors, KOA determined that potential geometric changes and/or signalization of Wilshire Boulevard/16th Street would address pedestrian mobility concerns.

The original professional services agreement does not include scope or

budget for a detailed evaluation of Wilshire Boulevard/16th Street, so staff is recommending a modification in the amount of $5,800.

2

Financial Impacts & Budget Actions The agreement modification to be awarded to KOA Corporation is $5,800, for an amended agreement total not to exceed $75,790. Funds are available in the FY 201214 Capital Improvement Program budget; agreement will be charged to account C010456.589000. Further, the agreement modification to be awarded to KOA Corporation will require: 1. An appropriation of $15,000 to account C047086.589100 Study-Pedestrian Safety Near St John’s. 2. Release of $15,000 from the St John’s Developer Agreement fund balance at 4.366207.2. 3. Reclassification of $15,000 in pedestrian safety study expenditures from C010456.589000 to C047086.589100.

Prepared by: Sam Morrissey, P.E., City Traffic Engineer Approved:

Forwarded to Council:

David Martin, Director Planning and Community Development Department

Rod Gould City Manager

3

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 3-L To:

Mayor and City Council

From:

Marsha Jones Moutrie, City Attorney

Subject:

First Modification for Contract with Liebert Cassidy and Whitmore, a Law Corporation, for Labor and Employment Legal Services.

Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to Professional Services Agreement No. 9535 (CCS) in the amount of $375,000 with Liebert Cassidy and Whitmore, a California based Law Corporation ("LCW"), for personnel-related legal services. This will result in a five year amended agreement with a new total amount not to exceed $1,875,000 with funding contingent on Council budget approval. The modification reflects an annual increase of $75,000 in contract authority over the current year and four options to renew, in case workload requires its use. Executive Summary The City currently contracts with LCW as outside specialized legal counsel for assistance with labor and employment law with regard to employee disciplinary matters, training, Personnel Board Hearings, litigation, and advice and counsel. The City has four one-year options to renew the agreement. Because workloads in this area have been larger than anticipated, staff recommends that Council approve additional funds of $75,000 for LCW’s services, for a t otal amount not to exceed $375,000 for this fiscal year 2012-2013, and modify the remaining renewal options to reflect annual amounts not to exceed $375,000. Background The City’s current contract with LCW to provide legal services was authorized by Council on January 24, 2012, following a Request for Proposals (“RFP”) that was issued in November 2011. Council authorized negotiation and execution of an agreement with LCW for a term of February 2012 through June 2013, with four one-year options to renew. Professional Services Agreement No. 9535 (CCS) was executed on February 1,

1

2012, and terminates on June 30, 2013. It provides for services in an amount not to exceed $300,000 annually. Discussion The City currently contracts with LCW as outside specialized legal counsel for assistance with labor and employment law with regard to employee disciplinary matters, training, Personnel Board Hearings, litigation, and advice and counsel. Due to a large volume of personnel actions in the City over the past year, the cost of LCW’s services has exceeded the $300,000 authorized for fiscal year 2012-2013. I n order to avoid service interruptions in the future, staff is requesting that an additional $75,000, for a total amount not to exceed $375,000 for fiscal year 2012-2013, and in addition, authorize compensation in an amount not to exceed $375,000 for fiscal year 2013-2014 and for each renewal year. The increased amount for future years is due to several current and possible future personnel matters that LCW is or will be handling on behalf of the City. Consultant/Law Firm Selection On October 4, 2011, the City issued a R equest for Proposals (RFP) for labor and employment services from outside law firms. The RFP was made available on the City’s online bidding system, PlanetBids. Several law firms specializing in practice areas for government agencies were contacted and informed about the RFP. Seven law firms submitted proposals by the deadline of October 31, 2011. The proposals were then reviewed by a committee consisting of two attorneys from the City Attorney’s Office, a Human Resources representative, and a staff member from the City Attorney’s Office. Each proposal was ranked on specific criteria, including experience of attorneys in the practice areas needed, past and present experience with similar clients, pricing, and sending the required information. Interviews were conducted with the top three ranked firms to evaluate qualifications and breadth and depth of experience of the proposed law firms.

2

The committee recommended LCW located in Los Angeles, California, as the best qualified law firm. LCW specializes in representing and advising public entities with regard to employee disciplinary matters, workplace investigations, Personnel Board Hearings, litigation, labor law-related training, and pr eparation of legal reports. LCW’s rates are competitive with other law firms and LCW has the best depth of services and experience suited for the City’s needs. The Human Resources Department would continue to coordinate training workshops conducted by LCW and the City Attorney’s Office would continue to monitor the legal work. The contract recommended includes legal advice and consultation; written legal opinions; drafting, preparing, and reviewing legal documents; and attendance at hearings or other meetings, as needed.

Financial Impacts and Budget Actions The Agreement modification to be awarded to LCW is $375,000, for a total not to exceed amount of $1,875,000. This represents an annual increase of $75,000 over the initial $300,000 annual amount for fiscal year 2012-2013 and each of the remaining four renewal years. Funds in the amount of $75,000 are included in the FY 2012-2013 budget, and in the FY 2013-14 proposed budget within all Department budgets. The City Attorney's Office will encumber funds as needed, and will charge the appropriate departments when services are rendered. Budget authority in subsequent years will be requested in each budget cycle for Council approval. Future funding is contingent upon Council approval.

Prepared by: Diana Burger, Office Administrator, City Attorney's Office Approved:

Forwarded to Council:

Marsha Jones Moutrie City Attorney

Rod Gould City Manager

3

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 3M To:

Mayor and City Council

From:

Gigi Decavalles, Director of Finance

Subject:

Business License Software

Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a contract for business license software with HdL Software, LLC (HdL), a California-based company, in an am ount not to exceed $209,275 (includes a 1 0% contingency) over a f ive year term starting in FY 2013-14, with future year funding contingent on Council budget approval. Executive Summary The Finance Department requires the use of specialized software to manage the City’s 21,601 licensed businesses and tax collections of approximately $27 million annually. The City has utilized HdL’s business license software since 1998. Implementation of HdL Prime, the new product from HdL, would provide the City with the functionality of the current system while providing a modernized platform that would assist with the implementation of an online business license application and renewal system, streamline the business license process and streamline the collection of Parking Facilities Tax, Transient Occupancy Tax, User Utility Tax and miscellaneous assessments collected by the City. In order to implement the new system, including data migration, training, software updates and prompt technical support, staff recommends authorizing a five-year agreement with HdL Software Companies, LLC not to exceed $209,275. Background On March 3, 1998, with approval from Council, the City executed a contract with HdL Software LLC, for the purchase and annual maintenance of a business license software system that would be used to support the administration of business licensing, including billing and payment processing requirements. After a number of contract modifications, 1

on July 26, 2011, Council approved an annual expenditure not to exceed $20,000 per fiscal year for the annual maintenance of HdL business license software through the end of FY 2012-13. At the time, staff indicated that a competitive process for business license software would be completed during the 2012-13 fiscal year.

Discussion In 2011, HdL released the Prime Business License Software. This product is used by 130 local government agencies. The new software includes enhancements such as an automated business license application and renewal system, an online business registry, and revenue recovery tools. HdL Prime would allow the City to cross index the business license database to sales tax, property tax, and Franchise Tax Board data to assist with discovery efforts and revenue recovery. The new software would allow all business taxpayers the ability to both apply for a business license and pay annual renewal taxes and fees online.

With the expansion of web capabilities, the new

software would increase the usability, through an i mproved user interface, of the business license system for the Business License staff, business owners, the general public, and other public and private entities. In addition to the business license process and maintenance improvements, the system would also provide the functionality to process and track Transient Occupancy Tax, Parking Facility Tax, Utility User Tax and special district assessments. This functionality provides for centralized maintenance and reporting of various taxes collected by the City.

Vendor Selection On November 5, 2012, staff issued a Request for Proposals (RFP) in compliance with Santa Monica Municipal Code Chapter 2.24, in search of a qualified vendor to provide business license software that would be used to support the administration, revenue collection, billing and payment processing requirements. The RFP was posted on the City’s online bidding system for five weeks. The deadline to respond was December 7, 2012.

Four responses were received. 2

A selection

committee comprised of staff from the Business and Revenue Operations Division and Information Systems evaluated the proposals in compliance with Section 2.24.072 of the SMMC, taking into consideration criteria including but not limited to price, the quality of the services offered, the ability to perform the service, the capacity to perform the service, the applicability of the proponent’s experience as it relates to the RFP’s scope of work, and whether the respondent would have available resources to accomplish all elements of the scope of services. The selection committee recommends HdL as the best bidder based on HdL’s ability to provide seamless integration with existing systems such as the City’s cashiering system, the company’s technical expertise and ability to meet all of the requirements of the business license software RFP, and pricing. HdL Prime would provide a m odernized platform that would assist with the implementation of an online business license application and renewal system, streamline the business license process and streamline the collection of miscellaneous assessments and taxes collected by the City. The implementation of the new system, including data migration, training, and software updates and prompt technical support over a five-year agreement with HdL Software Companies, LLC would not to exceed $209,275.

Financial Impacts & Budget Actions The contract amount to be awarded to HdL is for an amount not to exceed $209,275 (includes a 10% contingency) over the next five years. Funds in the amount of $90,000 for implementation, data migration, customized reports and training are available in the FY 2012-13 Capital Improvement Program budget in account C018016.589000. Funds for the annual use fee in the amount of $20,050 have been i ncluded in the FY 2013-15 Proposed Budget, pending Council approval; the contract will be charged to 3

account 01224.533580. Budget authority for subsequent years will be requested in each budget cycle for Council approval.

Prepared by: Haley Favre-Smith, Business License Supervisor Approved:

Forwarded to Council:

Gigi Decavalles Director of Finance

Rod Gould City Manager

4

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 3-N To:

Mayor and City Council

From:

Martin Pastucha, Director of Public Works

Subject:

Professional Services Agreement Modifications for Testing and Inspection Services for Tongva Park and Ken Genser Square

Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a second modification to Professional Services Agreement No. 9395 (CCS) in an am ount not to exceed $44,396 (includes a 10% contingency) with Koury Engineering & Testing, a California-based company, to provide additional geotechnical testing services for Tongva Park and K en Genser Square. This would result in an amended agreement with a new total amount not to exceed $199,436. 2. Authorize the City Manager to negotiate and execute a first modification to Professional Services Agreement No. 9395 (CCS) in an am ount not to exceed $86,757 (includes a 10% contingency) with Smith Emery Company, a Californiabased company, to provide additional deputy inspection services for Tongva Park and Ken Genser Square. T his would result in an amended agreement with a new total amount not to exceed $199,969. 3. Approve the budget changes as outlined in the Financial Impacts and B udget Actions section of this report. Executive Summary On January 24, 2012, Council approved a Guaranteed Maximum Price Amendment to Design-Build Contract No. 9395 ( CCS) in an am ount not to exceed $47,014,773 (includes an approximate 5% contractor contingency, 3% owner contingency and allowances) with W. E. O’Neil Construction Company, for construction services for Tongva Park and Ken Genser Square. The contract included a total allowance of $5,126,248 for third-party contracts including geotechnical testing and i nspection, deputy inspection, hazardous material monitoring and a batement, utility connections, and other project related costs. Additional geotechnical and deputy inspection services are necessary due to revised construction sequencing and unforeseen conditions which include: welding inspection for railings and screen walls, additional concrete rebar and footing inspections for planter walls, and night time inspections. Koury Engineering & Testing would provide additional geotechnical testing services at a cost of $44,396. 1

Smith Emery Company would provide additional deputy inspection services at a cost of $86,757. Background On June 28, 2011, Council approved Design-Build Contract No. 9395 (CCS) with W. E. O’Neil Construction Company (W. E. O’Neil) in the amount of $75,750, to provide preconstruction services for Tongva Park and Ken Genser Square Project. On January 24, 2012, Council approved a Guaranteed Maximum Price Amendment to Design-Build Contract No. 9395 ( CCS) in an amount not to exceed $47,014,773 with W.E. O’Neil Construction Company for construction of Tongva Park and Ken Genser Square, which included a total allowance of $5,126,248 for third-party contracts including: geotechnical testing and i nspection, deputy inspection, hazardous material monitoring and abatement, utility connections, and other project related costs. Consultant Selection for Geotechnical Testing Services On July 22, 2011, the City issued a Request for Qualifications (RFQ) for geotechnical inspection and testing, deputy inspection, and material testing services for various City projects. The RFQ was published in the Santa Monica Daily Press and posted on the City’s online bidding website. A total of 21 firms responded to the RFQ. A selection committee comprised of Public Works staff reviewed the qualifications and developed a prequalification list of firms. In January 2012, four firms from the prequalified list were asked to provide proposals for geotechnical testing services for Tongva Park and Ken Genser Square. U pon reviewing the proposals and meeting with the firms, staff recommended Koury Engineering & Testing based on their proposal, competitive prices (hourly rates), experience, references, and qualifications of the proposed project inspection team. Subsequently, the City entered into Professional Services Agreement No. 9395 (CCS) with Koury Engineering & Testing for $68,570.

2

On November 27, 2012, Council approved a first modification to Koury Engineering and Testing, Contract No. 9395 ( CCS) in an am ount not to exceed $86,460, for a t otal contract value of $155,030 Consultant Selection for Deputy Inspection Services In January 2012, four firms from the prequalified list were asked to provide proposals for deputy inspection services. Upon reviewing the proposals and meeting with the firms, staff recommended Smith Emery Company based on their proposal, competitive prices (hourly rates), experience, references, and qualifications of the proposed project inspection team. On April 24, 2012, Council approved award of Professional Services Agreement to Smith Emery Company, Contract No. 9395 (CCS) in an amount not to exceed $113,212. Discussion During project scoping for geotechnical inspection services, the Design Build team prepared a preliminary schedule to identify the anticipated timeframes needed for various inspection services. T his information was used during the scoping of Koury Engineering & Testing’s original contract. As the project schedule was revised and updated through the start of construction, it became clear that the grading and earthwork operations would continue longer than identified in the initial schedule. Additionally, added scope necessitated the execution of a first modification. Negotiated in the first amendment, part-time inspection would be provided as allowable to reduce costs; however, during construction it was discovered that full time inspection services are required in order to keep construction on s chedule. A dditionally, rain days have required additional geotechnical inspections to determine when work could continue onsite.

Geotechnical inspections services are provided as needed during construction

and paid for at an approved hourly rate which will remain consistent with the rate proposed in their initial bid.

It is anticipated that additional full-time geotechnical

inspection and testing services will be required throughout the duration of construction 3

at an additional cost of $44,396 (includes a 10% contingency). During project scoping for deputy inspection services, the Design Build team prepared a preliminary schedule to identify the anticipated timeframes needed for various inspection services. T his information was used during the scoping of Smith Emery Company’s original contract. As the project schedule was revised and updated through the start of construction, it became clear after construction began that the retaining wall construction would last longer than identified in the initial schedule. Additional scope was added including: new planter walls at Ken Genser Square, railing and screen wall welding inspections, and nighttime inspection for construction of overlook one on Ocean Avenue. Deputy inspections services are provided as needed during construction and paid for at an approved hourly rate which will remain consistent with the rate proposed in their initial bid. It is anticipated that additional full-time or part-time geotechnical inspection and testing services will be required throughout the duration of construction at a cost of $86,757 (includes a 10% contingency). Financial Impacts & Budget Actions The agreement modification to be awarded to Koury Engineering & Testing is $44,396 (includes a 10% contingency), for an amended agreement total not to exceed $199,436. The agreement modification to be awarded to Smith Emery Company is $86,757 (includes a 10% contingency), for an amended agreement total not to exceed $199,969. The January 24, 2012, Council-approved Guaranteed Maximum Price Amendment to Design-Build Contract No. 9395 ( CCS) with W.E. O’Neil Construction Company included a total allowance of $5,126,248 for third-party contracts including the Koury Engineering & Testing and Smith Emery Company agreements. Funds in the amount of $44,396 and $86,757 for the third-party contracts have already been encumbered in the FY 2012-13 budget in account R01207117.589000.

4

The agreement modification amount ($131,153) will be unenc umbered from account R01207117.589000 and encumbered in account R01207117.589600, under DesignBuild Contract No. 9395 (CCS). Prepared by: Christopher Lamm, CIP Project Manager Approved:

Forwarded to Council:

Martin Pastucha Director of Public Works

Rod Gould City Manager

5

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 3-O To:

Mayor and City Council

From:

Martin Pastucha, Director of Public Works

Subject:

Award Construction Contract for Annual Wastewater Main Improvements

Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a construction contract with Vasilj, Inc., a California-based company, in an amount not to exceed $1,358,928 (includes a 15% contingency) for the annual Wastewater Main Improvements. 2. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within budget authority. Executive Summary The annual Wastewater Main Improvements would replace approximately 3,450 linear feet of sewer pipeline and rehabilitate approximately 1,980 linear feet of sewer pipeline to extend their useful life, reduce maintenance, and upgrade capacity. Pipelines identified for replacement and rehabilitation are selected based on factors such as age, condition and c apacity demand. Specific work would include replacement, upgrade, lining and r ehabilitation of existing wastewater mains; construction of new and rehabilitation of existing maintenance access structures. In April-May, 2013 the City solicited bids for construction services. After reviewing the seven bids received, Vasilj, Inc., the lowest bidder, is recommended for construction of the project in an amount not to exceed $1,358,928. Discussion The Water Resources Division operates and maintains an extensive sanitary sewer collection system including approximately 150 miles of wastewater pipelines.

The

Division uses an as set management plan that evaluates data such as age, pipe condition, and capacity demands to identify the most critical wastewater infrastructure improvement needs.

Staff identified areas of the collection system that require

rehabilitation and upgrade through video and visual inspection to increase reliability and 1

reduce maintenance demands. This project includes improvements at selected areas based on highest priority deficiencies in the wastewater collection system.

The

proposed improvements consist of replacing substandard 6-inch-diameter pipe with new 8-inch-diameter pipe and r eplacing/repairing maintenance structures holes to ensure adequate and reliable sewer service for customers. The project implements cured-inplace lining and rehabilitation of existing mainline pipes providing substantial extension to the lifecycle of the existing critical segments. Improvements are mostly south of the I10 freeway. Contractor Selection On April 30 and May 2, 2013, the City published a Notice Inviting Bids in the Santa Monica Daily Press and on the City’s online bidding site.

Sixty-four prospective

contractors requested bid packages. The City Clerk’s office received seven sealed bids, which were publicly opened by the Deputy City Clerk on May 14, 2013. Bid results are as follows: Bidder

Bid Amount

Vasilj, Inc. Toro Enterprises, Inc. Ramona, Inc. Blois Construction, Inc. John T. Malloy, Inc. Charles King Company, Inc. Vido Artukovich & Son, Inc. Engineer’s Estimate

$1,181,677 $1,188,561 $1,220,495 $1,232,521 $1,245,012 $1,365,260 $1,696,239 $1,300,000

Bids were evaluated based on understanding of the project’s scope, price, direct experience on s imilar projects, approach to the work, technical competence, qualifications of the proposed staff, and the ability to meet the desired time frames. Staff recommends Vasilj, Inc., as the best bidder based on its price, quality of services offered, and experience with similar projects. Vasilj, Inc., has completed recent similar projects for the cities of Anaheim, Los Angeles, Pasadena, and Long Beach. References listed in the bid package were contacted and all respondents reported that work performed by Vasilj, Inc., was completed in a timely and cost-efficient manner 2

while maintaining consistent quality.

Staff also verified with the Contractors State

License Board that Vasilj, Inc.’s and its subcontractors’ licenses are current, active, and in good standing. Public Outreach Construction management and public outreach for this project would be provided by staff from Public Works Department.

Construction management would include

inspecting the contractor’s work during construction, verifying and controlling field changes and unforeseen conditions, monitoring and mitigating impacts as a result of the construction activities, attending contractor’s safety meetings, attending periodic progress meetings, and maintaining all necessary inspection documentation relevant to the work performed during construction. Public outreach would include notifications distributed to adjacent properties and the surrounding community on the scope of the project, potential impacts and schedule with periodic updates and weekly updates on the City’s “Know Before You Go” (aka KBUG) website and Monday editions of the Santa Monica Daily Press. For work requiring temporary closures or detours on major roads, highly visible electronic changeable message signs would be placed at strategic locations one-week prior to the planned work to notify the travelling public. Construction Schedule Work is anticipated to begin in the summer of 2013 and be completed by spring of 2014.

3

Financial Impacts & Budget Actions The contract to be awarded to Vasilj, Inc., is for an amount not to exceed $1,358,928 (including a 1 5% contingency).

Funds are available in the FY2012-13 Capital

Improvement Program budget in the following accounts: Account No.

Description

FY12-13

C310628.589000 Wastewater Main Replacement

$679,464

C310947.589000 AB1600 Wastewater Main Replacement

$679,464

Total Funds Available

$1,358,928

Prepared by: Selim Eren, P.E., Civil Engineer Approved:

Forwarded to Council:

Martin Pastucha Director of Public Works

Rod Gould City Manager

Attachment: A – Project Location Map

4

ATTACHMENT A City of Santa Monica FY 12-13 Wastewater Main Improvements Citywide Location Map

= Work locations

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 3-P To:

Mayor and City Council

From:

Martin Pastucha, Director of Public Works

Subject:

Refuse Disposal, Recycling and Organics Processing Facilities

Recommended Action Staff recommends that the City Council: 1. Add USA Waste of California dba Waste Management (organics waste processor) and Agromin Organics Recycling Compost Facility (organics processing facility) to the list of City authorized refuse disposal, recycling and organics waste processors and facilities. 2. Award Bid #111212 to USA Waste of California dba Waste Management, a California-based company, to process organics waste for the City for an estimated amount of $750,000 per year. Executive Summary In November 2012, the City was notified by its organics waste processor, Community Recycling, that residential food waste collected in the same bin as yard waste would no longer be accepted at their facility due to permitting restrictions. Due to this unforeseen circumstance, staff issued a request for proposals for a new organics waste processor. Staff recommends USA Waste of California dba Waste Management as the City’s organics waste processor and the addition of the Agromin Organics Recycling Compost Facility in Oxnard, CA to the authorized list of refuse disposal, recycling and or ganics waste processors and facilities. Issuing a purchase order to USA Waste of California dba Waste Management in the amount of $750,000 per year would not increase the total annual amount for a five-year period previously approved by Council on June 28, 2011 for all vendors on the existing list of refuse disposal, recycling and organics waste processors and facilities. Discussion The City currently uses multiple facilities including Community Recycling because of their proximity, availability, and l owest fee for disposal. C ommunity Recycling is also

1

the processor and recycler of yard waste, food waste, and construction and demolition debris as the City’s organics processor. In November 2012, RRR staff was notified by Community Recycling that food waste collected in the same bin as yard waste could no l onger be accepted at their composting facility due to permitting restrictions. This comingling of yard waste and food waste began as a pi lot program in August 2011 with approximately 600 s ingle family residences participating in the organics collection program.

I n June 2012, the

City expanded the food waste in the organics collection program to all single family residences. Since being notified that the organics processer could no longer accept the residential green and food commingled waste, the organic material is currently being hauled to one of the City’s other authorized facilities for use as daily cover of trash facilities. Vendor Selection The City issued a Request for Proposals (RFP) for organics waste processing services in November 2012. The RFP was posted on the City’s online bidding system in accordance with City Charter and M unicipal Code provisions. The RFP required a submittal of costs to process: 1) commercial food waste; 2) residential yard waste mixed with food waste; and 3) street sweeping materials. Additionally, the RFP required a cost to process a c ombination of all three. This comingling of organics waste requirement was included in the RFP to begin to establish a process that may develop into the wet/dry collection system discussed in the Zero Waste Strategic Operations Plan. The RFP also required that a r esidual percentage of contamination be al lowed prior to charging a fee for disposal. Proposals were received on December 7, 2012 from three vendors: Farm Share of California, Southern California Disposal and USA Waste of California dba Waste Management. The proposals were evaluated based on the aforementioned criteria. All three vendors provided costs for the source separated processing of organics materials. One of the vendors did not submit a cost to process a combination of commercial food waste, residential yard waste mixed with food waste, and street sweeping materials. 2

All three vendors provided a residual percentage of contamination ranging from 1% to 15%. USA Waste of California dba Waste Management is recommended as the best bidder to process organic waste at the Agromin Organics Recycling Facility because the proposal included costs for all of the conditions listed in the RFP as well as offering the City a reduced organic waste processing rate for residual amounts below 7%. Processing rates increase if residual amounts are 7%-9% and 10%, respectively. The percentage calculations are based on monthly averages. Funds previously set aside for processing organics waste at Community Recycling would be applied to Waste Management’s costs. The actual cost is contingent upon both the number of tons delivered to the Agromin facility and t he level of residual contamination. The annual cost is projected at $750,000 for FY2013-14. Staff is finalizing the Zero Waste Strategic Operations Plan (Plan). A main component of this Plan is to increase organics waste participation and processing at sites other than landfills. Additionally, the Plan recommends use of alternative disposal technologies. The Agromin Organics Recycling Compost Facility is expected to open an anaerobic digestion facility within the next two months, which supports recommendations in the Plan. Anaerobic digestion (AD) is the biological decomposition of organic matter with little or no ox ygen. There are a v ariety of controlled systems where anaerobic technology is utilized in municipal solid waste digesters to produce energy and to reduce the volume of solid waste that must be landfilled. The processing operations conducted by Waste Management at the Agromin Organics Recycling Compost Facility and t he future use of the anaerobic digestion facility will assist the City in reaching a goal for bi-weekly trash collection program and/or a wet/dry container collection program. There is a potential for substantial cost savings to the City if one or both of these programs are implemented.

3

Financial Impacts & Budget Actions The purchase order to be issued to USA Waste of California dba Waste Management will not increase the total annual amount of $9,582,000 for a five-year period previously approved by Council on June 28, 2011 for all vendors on t he existing list of refuse disposal, recycling and or ganics waste processors and facilities. The combined total amount of the purchase orders to be issued for all facilities is $4,090,000 in FY 2013-14 and $4,240,000 in FY 2014-15. Funds are included in the proposed FY 2013-15 budget in division 27441. T he purchase order will be c harged to account 27441.555070. Budget authority for subsequent years will be requested at each biennial budget cycle for Council approval. Prepared by: Kim Braun, Resource Recovery & Recycling Manager

Approved:

Forwarded to Council:

Martin Pastucha Director of Public Works

Rod Gould City Manager

4

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 3-Q To:

Mayor and City Council

From:

Martin Pastucha, Director of Public Works

Subject:

Professional Services Agreement Modification for Corporation Yard Master Plan

Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a fourth modification to Professional Services Agreement No. 9129 (CCS) in the amount of $16,640 (includes a 10% contingency) with RNL Interplan, Inc., a California-based company to provide an additional phasing plan to complete the Corporation Yard Master Plan. This fourth modification would result in a one-year amended agreement for a new total amount not to exceed $359,980. 2. Appropriate the budget increases as outlined in the Financial Impacts and Budget Actions section of this report. Executive Summary On October 13, 2009, Council approved an agreement with RNL Interplan, Inc. (RNL) in the amount of $230,000 to update the 2002 Corporation Yard Master Plan. The update was substantially completed in July 2010. Contract modifications in the total amount of $113,340 were approved by Council on September 13, 2011, February 14, 2012 and September 11, 2012. Upon further assessment, additional phasing plans are required to complete the Corporation Yard Master Plan. Staff recommends a fourth modification of $16,640, for a total contract amount not to exceed $359,980. Background On October 13, 2009, Council approved Professional Services Agreement No. 9129 with RNL, in the amount of $230,000, to update the Corporate Yard Master Plan from 2002. The updated plan was substantially completed in July 2010.

1

Consultant Selection On August 2, 2009, the City issued a R equest for Qualifications (RFQ) for design services. City staff received nine responses. A selection committee comprised of staff from Public Works, Community Maintenance, and Fire Department independently reviewed the qualifications, rating submittals based on selection criteria including direct experience on s imilar projects, record performing public sector work, hourly rates for services, understanding of the project’s scope, approach to the work, qualification of proposed staff, and scheduling of project activities. F ollowing review of responses to the RFQ, the selection committee recommended RNL Interplan, Inc., as the most qualified firm. RNL Interplan, Inc., has successfully completed in excess of 100 public works, maintenance, operations and transportation facilities in the USA including master planning of corporation or maintenance yards in many California cities. The firm’s work within the City of Santa Monica includes the Big Blue Bus Facility Expansion Master Plan, the LNG/CNG Fuel and Wash Facility for the Big Blue Bus, and completion of the 2002 Master Plan for the Corporate Yard. On September 13, 2011, Council approved a first modification of $41,435 to Professional Services Agreement No. 9129 with RNL to complete the Corporation Yard Master Plan. The additional scope of work included: •

Revising the plan area configuration.

•

Finalizing a program for the new components.

•

Identifying and adding two additional operations on the site.

The phasing plan for implementing the site improvements was also revised.

The

recycling operation area was originally included the Corporation Yard Master Plan. However, after further analysis, it was decided to move the recycling operation offsite. This change provided an opportunity to revisit the use of that space in the Corporation Yard Master Plan.

2

On February 14, 2012, Council approved a second modification of $37,591 to Professional Services Agreement No. 9129 with RNL to conduct a study, focusing on the best and most practical approach to build on the areas above the compressible fill. The scope of work included performing additional borings to the site and analysis of three possible approaches: •

Utilize structural slabs on piles at the buildings and vehicular circulation areas

•

Remove the landfill and import engineered fill

•

Amend the soil to stabilize the existing soil

On September 11, 2012, Council approved a t hird modification of $34,314 to Professional Services Agreement No. 9129 with RNL to conduct further assessment of the compressible fill outside the boundary of the Corporation Yards site. Previous geotechnical studies were limited to the Corporation Yards site. Additional geotechnical borings were completed in the adjacent Stewart Park to provide details on the extent and depth of the fill depth that was previously insufficiently documented. Discussion RNL has provided multiple planning studies for the reconfiguration of the Corporation Yard Site and the related construction phasing. Plans developed under the original scope require large funding investments. An additional phasing plan would facilitate construction under current budget constraints by breaking the reconfiguration of the Corporation Yard site into smaller increments that would be completed over time as funding becomes available. Staff recommends a fourth modification to Professional Services Agreement No. 9129 with RNL to conduct an additional construction phasing plan and cost estimation for the additional phasing plan for the Corporation Yard site.

Financial Impacts & Budget Actions The fourth agreement modification to be awarded to RNL Interplan, Inc. is $16,640 (includes a 10% contingency), for an amended agreement total not to exceed $359,980. Funds in the amount of $2,389 are included in the FY2012-13 Capital Improvement Program budget at account P014028.589000 and $4,251 is available in account 3

01401.555060. A ward of the agreement modification requires an a dditional $5,000 budget appropriation to P254028.589000 and a $5,000 budget appropriation to P314028.589000. Prepared by: Tom Afschar, Architect Approved:

Forwarded to Council:

Martin Pastucha Director of Public Works

Rod Gould City Manager

4

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 3-R To:

Mayor and City Council

From:

Martin Pastucha, Director of Public Works

Subject:

Bid Award for Purchase of Five Dump Trucks and Two Irrigation Trucks

Recommended Action Staff recommends that the City Council: 1. Award Bid #4051 to Thorson Motor Center, a California–based company, in an amount not to exceed $355,816 for the purchase and delivery of five compressed natural gas (CNG) dump trucks. 2. Award Bid #4052 t o Thorson Motor Center, a California-based company, in an amount not to exceed $118,050 for the purchase and delivery of two CNG special body irrigation trucks. Executive Summary This purchase would replace five dump trucks and two special body irrigation trucks that were severely damaged or destroyed in a fire at the City’s Colorado Yard facility on August 15, 2012. In March 2013, the City solicited bids for the purchase of five dump trucks and two special body irrigation trucks to replace those destroyed in the fire. After reviewing the bids received, staff recommends Thorson Motor Center as the best bidder for the purchase and delivery of five CNG fuel dump trucks in the amount of $355,816; and Thorson Motor Center as the best bidder for the purchase and delivery of two CNG special body irrigation trucks in the amount of $118,050. Discussion On August 15, 2012, a fire destroyed an existing structure at the Colorado Yard. A number of City vehicles parked adjacent to the structure were severely damaged or destroyed in the blaze. These vehicles were surveyed by the City’s Risk Management staff and an insurance adjuster.

The results of the survey deemed five dump trucks

and two special body irrigation trucks a total loss. The vehicles to be replaced are used by the Public Landscape Division. This purchase is consistent with the City’s ReducedEmissions Fuels Policy.

1

Vendor Selection In March 2013, the City published Notices Inviting Bids to furnish and deliver five new dump trucks and two special body irrigation trucks as required by the Fleet Management Division in accordance with City specifications. The bids were posted on the City’s on-line bidding website and notices were advertised in the Santa Monica Daily Press in accordance with City Charter and Municipal Code provisions. With respect to Bid #4051 for five dump trucks, five bids were received and publicly opened on April 2, 2013, per Attachment A. Four companies submitted conforming bids with one firm, Thorson Motor Center, offering several engine/body variations as part of its proposal. Of the five bids, one firm submitted a bid that did not meet performance requirements. The bids were evaluated based on price, ability to deliver, quality of product, and compliance with City specifications. The lowest bidder, Frontier Ford, proposed the use of a Ford F-450 truck as the base for this vehicle. According to the Public Landscape Division, an F-450 truck operated with an attached trailer as often utilized by the division would be too long to effectively operate. Staff prefers the cabover design proposed by Thorson Motor Center. A cab-over design provides better visibility and is easier to maneuver in limited space. Likewise, the second lowest bidder, Reynolds Buick, did not propose the use of a c ab-over design. Based upon these criteria, Thorson Motor Center is recommended as the best bidder for the purchase of five CNG-fueled dump trucks in accordance with City specifications. As indicated in Attachment A, the recommended Thorson Motor Center CNG vehicle is a c ab-over, Pacific Body Company chassis with an Isuzu engine. Regarding Bid #4052 for two special body irrigation trucks, five bids were received and publicly opened on April 2, 2013, per Attachment B with Thorson Motor Center providing two separate bids with different configurations. Of the five bids, one firm submitted a bid that did not meet performance requirements. Bids were evaluated based on price, quality of material, and compliance with City specifications. Thorson Motor Center was the lowest bidder of the bidders that proposed CNG-fueled vehicles in accordance with the bid criteria. Based upon these criteria, Thorson Motor Center is recommended as 2

the best bidder for the purchase of these vehicles in accordance with City specifications. As shown in the attachment, the recommended Thorson Motor Center CNG vehicle is a cab-over, JAC Model. This purchase includes a $21,850 California Energy Commission (CEC) rebate per vehicle for a total rebate of $43,700. The total cost for two special body irrigation trucks is $118,050. Financial Impacts & Budget Actions The existing General/Auto Liability Self-Insurance Fund includes funds to pay general liability/auto claims. The cost for replacing the fire-damaged vehicles will be pai d for from this Fund and the Fund, in turn, will be reimbursed by the City’s property insurer once the claim is closed out. The purchase order amount associated with Bid #4051 to be awarded to Thorson Motor Center is $355,816. Funds are available in the FY2012-13 General/Auto Liability SelfInsurance Fund in account 56232.522010 to cover this cost until the City is reimbursed through its property insurance carrier. The purchase order amount associated with Bid #4052 to be awarded to Thorson Motor Center is $118,050. Funds are available in the FY2012-13 General/Auto Liability SelfInsurance Fund in account 56232.555210 to cover this cost until the City is reimbursed through its property insurance carrier. Prepared by: David Lasher, Administrative Analyst Approved:

Forwarded to Council:

Martin Pastucha Director of Public Works

Rod Gould City Manager

Attachments: A – Bid Summary, Bid #4051 B – Bid Summary, Bid #4052 3

Attachment A ‐ Bid Summary Bid No. 4051 Bid Description:  2‐Axle Dump Trucks  Bid Close Date:  April 2, 2013

Item Description 1 2‐Axle Dump Trucks

QTY 5 Sales Tax Tire Fee Delivery Other Grand Total

Item 2 3 4

5 5

Description Delivery Date in Days ARO Payment Terms Price Extension for Additional Purchase of Vehicles

Isuzu Pacific Body Company; subject  to 2013 chassis availability

5 Vendor Comments

Item Description 1 2‐Axle Dump Trucks

QTY 5 Sales Tax Tire Fee Delivery Other Grand Total

Item 2 3 4 5

Thorson Motor Center Pasadena, CA Unit Price Extended $64,978.00 $324,890.00 $6,172.91 $30,864.55 $12.25 $61.25 $0.00 $0.00 $0.00 $0.00 $355,815.80 Response 210 days Net 30 2.5% Increase

Description Delivery Date in Days ARO Payment Terms Price Extension for Additional Purchase of Vehicles Vendor Comments

5 5

Frontier Ford Santa Clara, CA Unit Price Extended $59,084.64 $295,423.20 $5,613.04 $28,065.21 $12.25 $61.25 $0.00 $0.00 $0.00 $0.00 $323,549.66 Response 150 to 180 days 2%/25 days, Net 30 Same Price F450

Thorson Motor Center Pasadena, CA Unit Price Extended $67,078.00 $335,390.00 $6,372.41 $31,862.05 $12.25 $61.25 $0.00 $0.00 $0.00 $0.00 $367,313.30 Response 210 days Net 30 2.5% Increase Isuzu Universal Body Company;  subject to 2013 chassis availability

Reynolds Buick, Inc. Covina, CA Unit Price Extended $64,655.00 $323,275.00 $6,142.23 $30,711.13 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $353,986.13 Response 120 to 180 days Net 30 3% Increase

Thorson Motor Center Pasadena, CA Unit Price Extended $85,748.00 $428,740.00 $8,146.06 $40,730.30 $12.25 $61.25 $0.00 $0.00 ‐$21,850.00 ‐$109,250.00 $360,281.55 Response 180 days Net 30 2.5% Increase y Pacific Body Co. CA Energy  Commission Rebate applied.

Wondries Fleet Group Alhambra, CA Unit Price Extended $68,299.00 $341,495.00 $6,488.41 $32,443.03 $8.75 $43.75 $0.00 $0.00 $0.00 $0.00 $373,981.78 Response 90 days Net 30 Same Price F450

Thorson Motor Center Pasadena, CA Unit Price Extended $87,848.00 $439,240.00 $8,345.56 $41,727.80 $12.25 $61.25 $0.00 $0.00 ‐$21,850.00 ‐$109,250.00 $371,779.05 Response 180 days Net 30 2.5% Increase y Universal Body Co. CA Energy  Commission Rebate applied.

Attachment B ‐ Bid Summary Bid No. 4052 Bid Description:  Special Body Irrigation Trucks Bid Closing Date:  4/2/13 Frontier Ford Santa Clara, CA Unit Price Extended $59,489.80 $118,979.60 $5,651.53 $11,303.07 $10.50 $21.00 $0.00 $0.00 $0.00 $0.00 $130,303.67 Response Ford F450 150 to 180 days 2%/25 days, Net 30 Same Price

Reynolds Buick, Inc. Covina, CA Unit Price Extended $67,050.00 $134,100.00 $6,369.75 $12,739.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $146,839.50 Response CNG Isuzu NPR‐HD 120 to 180 days Net 30 3% increase

Thorson Motor Center Pasadena, CA Description QTY Unit Price Extended Special Body Irrigation Trucks 2 $73,849.00 $147,698.00 Sales Tax $7,015.66 $14,031.31 Tire Fee $10.50 $21.00 Delivery  $0.00 $0.00 Other ‐$21,850.00 ‐$43,700.00 Grand Total $118,050.31 Description Response Model JAC Model 1061 CNG by Greenkraft Delivery Date ARO 180 days Payment Terms Net 30 Price Extension for Additional Vehicles 2.5% increase Vendor Comments Alternate Bid. CEC Rebate applied.

Thorson Motor Center Pasadena, CA Unit Price Extended $62,417.00 $124,834.00 $5,929.62 $11,859.23 $10.50 $21.00 $0.00 $0.00 $0.00 $0.00 $136,714.23 Response Isuzu NPR‐HD Gaseous Prep 210 days Net 30 2.5% increase

Item Description 1 Special Body Irrigation Trucks

QTY 2 Sales Tax Tire Fee Delivery  Other Grand Total

Item 2 3 4 5 6

Item 1

Item 2 3 4 5 6

Description Model Delivery Date ARO Payment Terms Price Extension for Additional Vehicles Vendor Comments

Subject to 2013 chassis availability

Wondries Fleet Group Alhambra, CA Unit Price Extended $65,491.36 $130,982.72 $6,221.68 $12,443.36 $8.75 $17.50 $0.00 $0.00 $0.00 $0.00 $143,443.58 Response 2013 Ford 90 days Net 30 Same price

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 3-S To:

Mayor and City Council

From:

Martin Pastucha, Director of Public Works

Subject:

Bid Award for Purchase of Three Ford Focus Electric Vehicles

Recommended Action Staff recommends that the City Council award Bid #4055 for the purchase and delivery of three new Ford Focus electric vehicles to Wondries Fleet Group, a California-based company, in the amount of $136,314. Executive Summary This purchase would replace three vehicles that have reached the end o f their useful life. In March 2013, the City solicited bids for the purchase of three new Ford Focus electric vehicles. After reviewing the two bids received, staff recommends Wondries Fleet Group as the best bidder for the purchase and delivery of three Ford Focus electric vehicles in the amount of $136,314. Discussion The City replaces vehicles that have reached the end of their useful life through the vehicle replacement program. The three vehicles to be replaced are used by the City’s Fire Department. This purchase is consistent with the City’s Reduced-Emissions Fuels Policy. Vendor Selection In March 2013, the City published Notices Inviting Bids to furnish and deliver three new Ford Focus electric vehicles as required by the Fleet Management Division in accordance with City specifications. The bid was posted on the City’s on-line bidding site and notices were advertised in the Santa Monica Daily Press in accordance with City Charter and Municipal Code provisions.

Two bids were received and publicly

opened on April 2, 2013 per Attachment A.

Bids were evaluated based on price,

selection, quality of material, and compliance with City specifications. Wondries Fleet 1

Group was the only bidder to meet all specifications, including delivery of the vehicles in the color required by the Fire Department Based upon these criteria, Wondries Fleet Group is recommended as the best bidder for the purchase of three new Ford Focus electric vehicles in accordance with City specifications. Financial Impacts & Budget Actions The purchase order to be awarded to Wondries Fleet Group is for an amount not to exceed $136,314. Funds are available in the FY2012-13 Capital Improvement Program budget in account C540167.589200. Prepared by: David Lasher, Administrative Analyst

Approved:

Forwarded to Council:

Martin Pastucha Director of Public Works

Rod Gould City Manager

Attachments: A – Bid Summary

2

Attachment A ‐ Bid Summary Bid No. 4055 Bid Description: Ford Focus Electric Vehicles Bid Closing Date: April 2, 2013

Item Description 1 Ford Focus Electric Vehicles Sales Tax Warranty Tire Fee Delivery Other Grand Total Item 2 3 4 5

Description Delivery Date Payment Terms Price Extension for additional vehicles Able to deliver in red

6 Vendor Comments

QTY 3

Ford of Orange Orange, CA Unit Price Extended $35,807.00 $107,421.00 $10,204.99 $0.00 $0.00 $8.75 $26.25 $0.00 $0.00 $0.00 $0.00 $117,652.24 Response 90 to 120 days Net 30 No price extension Not bid.

Wondries Fleet Group Alhambra, CA Unit Price Extended $39,962.65 $119,887.95 $11,389.36 $1,670.00 $5,010.00 $8.75 $26.25 $0.00 $0.00 $0.00 $0.00 $136,313.56 Response 90 days Net 30 Same price Yes

Illustrated parts book not available.Must be  ordered by 4/26 due to model year build  out. Note: The Ford of Orange bid stated that  Note: The Wondries bid included  vehicles are not available in red and failed to  aftermarket paint in their bid, per City  offer a remedy to comply with the bid.   specifications. Painting after delivery could add up to an  additional $10,000 to the price of each  vehicle.  

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 3-T To:

Mayor and City Council

From:

Martin Pastucha, Director of Public Works

Subject:

Award Construction and Construction Management Contracts for the Bus Shelter Redevelopment Program

Recommended Action Staff recommends that City Council: 1. Authorize the City Manager to negotiate and execute a contract with West Valley Investment Group, Inc., a California-based corporation, in an amount not to exceed $6,680,909 (includes a 10% contingency) for construction of the Big Blue Bus Shelter Redevelopment Program. 2. Authorize the City Manager to negotiate and execute a professional service agreement with Arcadis US, a Colorado-based corporation, in an amount not to exceed $621,500 (includes a 10% contingency) for construction management and inspection services for the Big Blue Bus - Bus Shelter Redevelopment Program. 3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within budget authority. 4. Appropriate the budget increases as outlined in the Fiscal Impact & Budget Actions section of this report. Executive Summary The Big Blue Bus – Bus Shelter Redevelopment Program consists of the demolition and reconstruction of approximately 313 bus shelters and 1,244 extended network signs with a custom design developed for the City of Santa Monica. Staff recommends West Valley Investment Group, Inc. as the best bidder for the project for an amount not to exceed $6,680,909. Arcadis US is recommended as the best firm to provide construction management services for the project for an amount not to exceed $621,500. Due to underfunding, the total number of shelters and extended network signs to be constructed would be finalized by Big Blue Bus and Public Works staff and implemented in two phases based on available funding. 1

Background On March 3, 2009, Council authorized a professional services agreement with Lorcan O’Herlihy Architects (LOHA) for the bus shelters design services. LOHA developed the shelter design based on input received at outreach meetings with three Big Blue Busrelated groups: riders, drivers and maintenance staff. The design was reviewed by the Cultural Affairs Art Commission, and the Architecture Review Board for review and comments. On January 19, 2010, the final design was presented to Council. LOHA presented the final design at numerous Big Blue Bus public outreach events including the business improvement districts, neighborhood associations, business groups, the Convention and Visitor’s Bureau, key boards and commissions such as the Commission for the Senior Community and Disabilities Commission, and transit riders. In September 2011, the City solicited bids for the construction of the Big Blue Bus - Bus Shelter Redevelopment Program. Three bids were received; however, all three bids were found to be non-responsive. T wo bidders provided incomplete bids and one bidder did not demonstrate a good faith effort in meeting the Underutilized Disadvantaged Business Enterprise goal, a requirement in utilizing federal funds. On January 10, 2012 Council rejected all the bids due to incomplete submittals and/or insufficient documentation. The bidding process revealed questions regarding the reliability of the solar panels. The project team implemented a testing program for the proposed solar panel system to determine if it would produce enough power to reliably power the real time signs (RTS). The RTS are a key feature to improve bus rider experience by displaying a maximum of three lines of text with estimated arrival times of incoming buses. Test results indicated insufficient power to consistently supply signs in suboptimal weather. Staff is not confident that the originally proposed system would be reliable. The project scope was revised to use solar panels to only power lights at high and medium volume stops. Power for the RTS would instead use Power over the Ethernet (POE) with new 2

infrastructure to install POE connections. POE utilizes existing line voltage for traffic control devices and converts it to low voltage suitable to run the RTS. The scope was also modified to upgrade shelters along the Expo Rail route to serve as transfer points from rail to bus. Additionally, bid documents were revised to simplify the bidding process. The revised project scope was rebid on December 17, 2012. Discussion The Big Blue Bus – Bus Shelter Redevelopment Program consists of constructing approximately 313 bus shelters custom designed for the City of Santa Monica, and installation of 1,244 extended network signs at bus stops outside of Santa Monica. The Big Blue Bus – Bus Stop Shelter Redevelopment Program would incorporate photovoltaic and c ustom design elements to increase sustainable and aesthetic functionality. The improvements would comply with all current City codes and standards, including but not limited to the Americans with Disabilities Act and Guidelines (ADA&G) and the Santa Monica City Municipal Code. The project would be constructed using sustainable building practices or materials. Materials would be easy to maintain in a coastal environment, highly durable and g raffiti, weather and vandal resistant. Additionally, the Urban Forester issued approval for the design at locations that were within the tree protection zone and as sisted in developing an appr oach sensitive to trees for the installation of shelters in areas adjacent to existing trees. Contractor Selection for Construction On December 17, 2012 a Notice Inviting Bids for general contracting services for the construction of the federally-funded Big Blue Bus - Bus Shelter Redevelopment Program was posted on the City’s online biding site and advertised in the Santa Monica Daily Press in accordance with City Charter and M unicipal code provisions. Seventythree prospective bidders registered on the City’s online bidding site. Ten bids were received and publicly opened on F ebruary 12, 2013. The engineers estimate was $6,500,000. Bid results are as follows: Bidder

Total Bid Amount 3

West Valley Investment Group, Inc.

$ 6,986,000

G2K Construction, Inc.

$ 7,277,777

AWI Builders , Inc.

$ 7,327,300

Angeles Contractor, Inc.

$ 7,776,000

Mallcraft, Inc.

$ 8,100,000

AMG and Associates, Inc.

$ 8,106,000

Environmental Coast, Inc.

$ 8,726,995

USS Cal Builders

$ 8,728,000

Icon West, Inc.

$ 9,057,572

Ian Thomas Group

$10,219,807

Staff from Public Works, Big Blue Bus, the design consultant, and construction management firm made up the bid evaluation committee. Bids were evaluated on price, understanding of the project scope, approach to the work, direct experience on similar projects, public sector work experience, quality of proposed staff, scheduling of project activities,

responsiveness

to

City

requirements

and

experience

with

federal

requirements with an emphasis on good faith efforts to reach out to Disadvantaged Business Enterprises (DBE). References listed in the bid packages for the two lowest prime contractors were contacted and included: public agencies and (for the solar panel assemblies “Or Equal” substitute) facilities managers for transit authorities in Olympia, Washington; Orange, California; and Seattle, Washington. Staff visited the steel fabrication sub-contractors facilities, bus shelters (Orange, California) with the solar panel assemblies “Or Equal” substitute and also performed interviews with West Valley Investment Group and G2K Construction. Staff also verified with the California State License Board that West Valley Investment Group, Inc. (WVIG) and all subcontractor licenses are current, active, and i n good standing. WVIG demonstrated a superior understanding of the project requirements and ability to successfully complete the project based on the following criteria: approach to public relations and project schedule, a proven track record of delivering high quality projects, sub-contractors that specialize in essential project scopes, the highest DBE 4

participation and lowest bid price. Based on the foregoing, staff recommends WVIG as the best bidder to provide construction services in accordance with City specifications. Staff received a pr otest from the second low bidder regarding the “Or Equal” process regarding the solar panel assemblies. Staff reviewed the protest and responded that bidding documents requirements were met. Consultant Selection for Construction Management In January 2010, the City issued a Request for Qualifications for construction management and inspection services. Construction management includes inspection of the contractor’s work during construction, verifying and c ontrolling field changes and unforeseen conditions, monitoring and mitigating impacts as a result of the construction activities, attending contractor’s safety meetings, attending periodic progress meetings, and maintaining all necessary inspection documentation relevant to the work conducted during construction. Twenty-six firms responded and five were short listed. Public Works staff interviewed the five shortlisted firms. Staff recommends Arcadis, US, Inc. as the best firm to provide construction management services for the project based on i ts experience with overseeing streetscape improvement projects and the qualifications of the staff assigned to this project.

Arcadis US, Inc. provided similar services for

streetscape projects in Santa Monica; Los Angeles; Gilbert, AZ; and Tucson, AZ. Staff verified references and all respondents reported that Arcadis US, Inc. provided quality services. Project Timeline This project would be completed in two phases as available funding is not sufficient to cover the entire project scope as bid. In phase 1, staff from BBB and P ublic Works would remove bus stops and extended network signs to reduce the scope to be within the existing budget. At this time, project locations identified for removal include 1,244 extended network signs outside Santa Monica, ten shelters on Colorado Boulevard along the Expo Light Rail route, and bus shelters potentially eligible for funding as part of a development agreement. Staff anticipates completing 303 of the 313 planned bus 5

shelters and none of the 1,244 planned extended network signs. Actual project savings would depend on the type and location of eliminated bus shelters. Phase 2 would occur when additional funds are identified (approximately $1,005,000 including contingency). Staff would return to Council to request authorization to enhance the budget so that remaining bus shelters and extended network signs could be added back into the scope of work to complete the second phase of the project. Public Outreach Public outreach for the construction portion of this project would be provided by the Big Blue Bus Government and Community Relations staff, general contractor, and construction manager. Public outreach would include notifications distributed to adjacent properties and the surrounding community on t he scope of the project, potential impacts and schedule with additional periodic updates on t he City’s “Know Before You Go” (aka KBUG) and “Be Excited! Be prepared!” websites. Construction Schedule Construction would be rolled out in phases in order to minimize disruption and inconvenience to the community. Shop drawings and a f ully functioning mockup must be developed prior to construction. Following approval of the mockup, the contractor would manufacture and store the bus shelters before installation on the street could begin. Installation of shelters is anticipated to begin in January 2014 and be completed by spring 2015.

6

Financial Impacts & Budget Actions The contract to be awarded to West Valley Investment Group is for an a mount not to exceed $6,680,909 (includes a 10% contingency). The professional services agreement to be awarded to Arcadis US, Inc. is for an amount not to exceed $621,500 (includes a 10% contingency). Funds in the amount of $6,581,263 are available in the FY 2012-13 budget in the following accounts: C200397.589080

$ 1,500,000

C410114.589000

$ 5,081,263

Total

$ 6,581,263

Award of contract and professional service agreement require an additional appropriation of $721,146 of Federal Sec 5307 1% Associated Transit Improvement (ATI) funds awarded to Big Blue Bus on April 16, 2013. ATI funds are allocated for transit enhancement capital projects such as improvements to bus stops. The additional appropriation will be posted to accounts: C410114.589000

$

99,646

C410114.589300

$ 621,500

Total

$ 721,146

The contracts for phase 1 would be charged to the following accounts: C200397.589080

$1,500,000 (West Valley Investment Group)

C410114.589000

$5,180,909 (West Valley Investment Group)

C410114.589300

$ 621,500 (Arcadis US)

Total

$7,302,409

Additional funds in the amount of $1,005,000 (includes 10% contingency) would be necessary to complete phase 2 o f the project to install the remaining ten originally planned bus stop shelters and 1,244 extended network signs. If this additional funding is not identified over the course of phase 1 then the project would be completed with 303 7

bus shelters in Santa Monica and none of the 1244 extended network signs planned for outside of the city. Prepared by: Alex Parry, Senior Architect

Approved:

Forwarded to Council:

Martin Pastucha Director of Public Works

Rod Gould City Manager

8

City Council Report City Council Meeting: June 25, 2012 Agenda Item: 3-U To:

Mayor and City Council

From:

Gigi Decavalles-Hughes, Director of Finance

Subject:

Purchase Orders with multiple renewal option years exceeding $100,000

Recommended Action Staff recommends that the City Council extend renewal options or authorize the issuance of new Purchase Orders for the attached list of vendors whose cumulative authorized purchase amount will exceed $100,000 in fiscal year 2013-14. The total cumulative amount of the purchase orders would not exceed $13,565,251 (includes a 10% contingency). Executive Summary The City informally bids goods or services throughout the fiscal year where vendors have the ability in their bid response to extend renewal options typically up to two years. Additionally, staff conducts new bid processes that result in award of a new contract to an incumbent vendor for an ong oing purchase of a g ood or service. The attached vendors will exceed $100,000 for the same good or service with the execution of the renewal option or with an award of a new Purchase Order. Discussion The City’s Purchasing Section bids goods or services as required by City departments throughout the fiscal year.

The original dollar amount for the purchase order as

projected by the end-using division is based on the fiscal year needs at the time of bidding, with no presumption of renewal options. Interpretation of the Municipal Code provisions related to purchasing previously determined that the limit was based on each fiscal year, and that when the original purchase order and annual renewals individually did not exceed $100,000, it was determined that Council approval was not necessary, as it fell under the provisions of SMMC 2.24.090, informal purchasing. A recent preliminary review of Purchasing Section operations identified several areas where opportunities to clarify policies and procedures exist, including applicability of 1

formal bidding requirements, better management of purchases of ongoing goods or services, and ex pansion of outreach efforts to facilitate greater responses to bidding opportunities. In order to facilitate a transparent purchasing process during the ongoing review of the Purchasing Section, this report presents a list of vendors who experienced one of the following situations: 1) Through execution of a r enewal option, will exceed $100,000 in cumulative purchases over multiple fiscal years; or 2) After an informal bid process, a new purchase order was issued to an incumbent provider for the same good or service, where the cumulative amount exceeded $100,000. The attached list represents purchases that fall under one of the two categories above, and were previously determined to fall under the City’s informal purchasing requirements yet exceed a cumulative amount of $100,000 to the same vendor for the same good or service. In order to ensure a transparent purchasing process and follow adopted Council policy requiring Council authorization for purchases in excess of $100,000, and to ensure continuity of delivery of necessary goods or services, staff recommends that Council approve the attached list of vendors to provide the specified good or service through June 30, 2014. Vendor Selection Bids for each of the goods or services were posted on the City’s online bidding system in accordance with the City Charter and M unicipal Code provisions related to vendor selection, and were determined to be the best bidder as defined in 2.24.072 of the Municipal Code.

2

Financial Impacts & Budget Actions Funds are included in the FY 2013-15 budget within Department budgets.

Budget

authority in subsequent years will be r equested in each budget cycle for Council approval. Future funding is contingent upon Council approval.

Prepared by: Kellee Mac Donald, Senior Buyer Approved:

Forwarded to Council:

Gigi Decavalles-Hughes Director of Finance

Rod Gould City Manager

Attachments: A. Exercising Renewal Options / New Purchase Orders

3

ATTACHMENT A

VENDOR NAME

DEPARTMENT

ADB Airfield Solutions All Pro Carpentry Best Contracting Services BoundTree Medical Bourget Bros. Coastal Building Services Diamond Contract Services, Inc. Donlite Associates EF Enterprises

Airport Maintenance Pier Maintenance Pier Maintenance Various Various Custodial Services Custodial Services Facilities/Architecture BBB

Electric Supply Connection Excello Federal Express Ferguson Enterprises Genfare Golden State Fasteners Golden West Electric Grainger Hirsch Pipe & Supply Howard Industries J.H. Bryant L.A. Hydrojet

Pier Maintenance CAO Various Facilities GFI Parts BBB WTP Various Facilities Pier Maintenance Pier Maintenance Pier Maintenance

Lincoln Car Wash Logans Marketing Major Cleanup Inc. Marx Bros Fire Extinguisher Master Cooling Monarch Plumbing & Mechanical Pacific Rim Peterson Hydraulics PumpMan Randall/McAnany Company RC Foster Reliable Monitoring Services Rick's Window Tint Ricoh Romaine Electric Royal Corporation Santa Monica Daily Press Santa Monica Raidiator Works Schneider Electric Siemens Industry SWL Painting The Lighthart Corporation Tri-Signal

Various Street & Fleet Services BBB BBB Pier Maintenance Pier Maintenance BRO BBB Pier Maintenance Pier Maintenance WTP BBB Pier Maintenance BRO BBB Facilities Maintenance Various BBB Pier Maintenance Pier Maintenance Facilities Pier Maintenance Pier Maintenance

Vehicle Technical Consultants Weck Laboratories Inc Weldworx West Coast Air Conditioning West Group Print Ye Olde Upholstry Shoppe Zumar Industries

BBB Water Resources RRR Pier Maintenance City Attorney BBB Street & Fleet Services

NEW PO AMOUNT

DESCRIPTION OF SERVICE / GOODS Airport runway / LED signage Framing / carpentry contractor Roofing contractor Gloves Hardware Supplies Custodial Supplies Custodial Supplies Engineering Services replace damaged/graffiti glass and Plexiglass window guards Electrical supplies - local store Document Reproduction Shipping Plumbing supplies Farebox Parts Fasteners Electrical Repairs Various Parts/Supplies Plumbing supplies HVAC supplies Painting contractor Plumbing contractor - rooter services Carwashing Services Various types of concrete mix Sludge Removal Fire Extinguisher Maintenance HVAC contractor Plumbing contractor Printing Services Hydraulic Lift Repair/Maintenance Pump contractor Painting contractor Pipe Valve Maintenance Repair Gas Detection Calibration Blinds / shades contractor Copier Generators Paper Products Legal Ads Radiators Battery / UPS services - PSF BAS contractor Painting contractor Plumbing contractor Fire protection - repair / remodels / testing / inspections Bus Build Consultants/Inspection Water Laboratory Analysis Metal Refuse Container Repair HVAC contractor Legal Books Subscription Upholstry Repair Traffic Signs Subtotal 10% contingency Total

2-yr history

TOTAL OF POs

$ $ $ $ $ $ $ $

43,800.00 99,000.00 50,950.00 55,500.00 38,545.00 122,212.00 52,035.00 100,000.00

$ $ $ $ $ $ $ $

57,638.80 217,452.56 117,834.47 166,481.49 117,950.55 183,766.00 115,091.07 32,600.00

$ $ $ $ $ $ $ $

101,438.80 316,452.56 168,784.47 221,981.49 156,495.55 305,978.00 167,126.07 132,600.00

$ $ $ $ $ $ $ $ $ $ $ $

50,000.00 82,250.00 67,000.00 58,000.00 49,775.00 66,000.00 41,000.00 98,000.00 87,931.00 55,250.00 82,250.00 80,000.00

$ $ $ $ $ $ $ $ $ $ $ $

71,676.80 130,517.84 63,264.62 57,188.30 59,805.75 207,782.53 79,376.36 132,169.26 263,552.12 77,743.91 114,320.57 49,629.50

$ $ $ $ $ $ $ $ $ $ $ $

121,676.80 212,767.84 130,264.62 115,188.30 109,580.75 273,782.53 120,376.36 230,169.26 351,483.12 132,993.91 196,570.57 129,629.50

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

50,475.00 51,000.00 102,942.00 25,869.00 43,000.00 51,950.00 157,125.00 46,206.00 35,000.00 135,000.00 99,000.00 80,500.00 61,000.00 83,800.00 369,453.00 47,000.00 218,000.00 201,000.00 51,500.00 95,000.00 50,475.00 50,000.00 125,000.00

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

93,458.50 49,537.99 277,177.21 120,982.92 57,287.16 74,175.30 345,566.72 104,364.30 262,678.77 526,532.41 124,329.00 89,444.19 39,388.91 99,715.50 935,307.31 60,738.46 264,851.10 231,799.79 93,843.06 5,800.24 492,667.51 84,326.50 155,061.38

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

143,933.50 100,537.99 380,119.21 146,851.92 100,287.16 126,125.30 502,691.72 150,570.30 297,678.77 661,532.41 223,329.00 169,944.19 100,388.91 183,515.50 1,304,760.31 107,738.46 482,851.10 432,799.79 145,343.06 100,800.24 543,142.51 134,326.50 280,061.38

$ 94,710.00 $ 90,000.00 $ 140,000.00 $ 50,000.00 $ 366,625.00 $ 46,000.00 $ 93,000.00 $ 27,500.00 $ 4,517,628.00

$ 79,234.97 $ 44,125.00 $ 57,610.50 $ 114,188.24 $ 143,003.16 $ 235,291.90 $ 117,882.10 $ 120,933.31 $ 7,817,145.91

$ 173,944.97 $ 134,125.00 $ 197,610.50 $ 164,188.24 $ 509,628.16 $ 281,291.90 $ 210,882.10 $ 148,433.31 $ 12,334,773.91 $ 1,233,477.39 $ 13,568,251.30

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 3-V To:

Mayor and City Council

From:

Dean Kubani, Director, Office of Sustainability and the Environment

Subject:

Continue Contract with ICF Consulting for Environmental Assessment, Remediation, and Closure services at the Big Blue Bus depot.

Recommended Action Staff recommends that City Council authorize the City Manager to continue the contract service agreement with ICF Consulting (8913), a Delaware based company, in an amount not to exceed $185,000 for environmental assessment, remediation, and closure services. Executive Summary The City employs the services of consultants to provide environmental assessment, remediation, and monitoring of contaminated soils and groundwater on City property. Based on the current low level of contamination and the history of the City’s efforts to remediate the groundwater at the BBB site, it is likely that the Los Angeles Regional Water Quality Control Board (Board) will issue the City a closure letter for the entire site within the next three months. Once the letter is issued the City will need to remove the remaining monitoring wells at the BBB site and provide a closure report. The current contract with ICF Consulting (8913) for environmental remediation services at the BBB site expired on May 13, 2013 with $185,778 in budget and contract authority. Staff recommends extending the existing contract with ICF for an additional twelve months in order to complete the activities associated with closing the BBB site. Once the closure activities have been completed the City will no longer require the services of a consultant for environmental assessment, remediation, or monitoring at the BBB site. Background The Santa Monica BBB site located at 1620 Sixth Street has been the subject of soil and groundwater assessments and various remediation activities since 1987 due to petroleum contamination from various piping leaks and spills from the operation of storm water clarifiers, oil-water separators, and underground storage tanks. Since the 1

identification of these contaminants the City has conducted extensive investigation, assessment, monitoring, and remediation of the soil and groundwater at the site. ICF Consulting has been overseeing soil and groundwater clean-up activities at various city owned properties since September 2000. On April 8th, 2008 the City Council authorized the City Manager to negotiate and execute a contract with ICF International for groundwater remediation services at the BBB site in an amount not to exceed $745,100 for up to a 5 year term.

Currently the California Regional Water Quality Control Board (Board) requires the City to sample a network of monitoring wells at this site and submit a bi-annual report describing the progress being made towards remediation.

The City has reached

significant milestones towards eliminating levels of contamination in the soil and lowering the presence of contamination in the groundwater through extensive remediation. The presence of groundwater contamination is at a point where it no longer presents a significant threat to human health or the environment.

On March 22, 2013 the City submitted a low-threat underground storage tank closure request to the Board. On May 16, 2013 the Board approved a similar request by the City to close the underground storage tank program located at the Corporate Yards. It is very likely the Board will approve the City’s request for closure at the BBB site within the next several months. In order to complete the closure process the City will need to remove the remaining groundwater monitoring wells and submit a closure report to the Board.

2

Discussion

Contractor Selection Proposals were originally solicited in November 2007 from seventeen consulting firms with demonstrated expertise in the necessary technical disciplines. A notice of the request for proposal was placed in the Santa Monica Daily Press and a posting was placed on the City’s website. A review committee was formed consisting of staff from the Office of Sustainability and the Environment, Big Blue Bus Department, and Public Works Department. Of the eight bids received in January 2008, staff selected four proposals for review by the committee. Based upon ICF’s familiarity and history with these sites, exceptional ability to coordinate with City staff, high level of integrity, exceptional accuracy and quality of work, and competitive pricing, the committee unanimously determined that ICF Consulting would best be able to deliver the professional and time sensitive services required by the City.

3

The current contract with ICF expired on May 13th, 2013 with a remaining $185,778 in budget and contract authority which is sufficient to complete the tasks associated with closing the BBB site. Staff recommends that the contract with ICF be continued for an additional year to complete the closure process because of the firms familiarity and history with this site, ability to coordinate with Board staff, high level of integrity, and exceptional accuracy and quality of work during the preceding five years. Once the closure activities have been completed the City will no longer need the services of a consultant to provide environmental assessment, remediation, or monitoring at the BBB site.

Financial Impacts & Budget Actions The contract to be awarded to ICF Consulting, LLC is for an amount not to exceed $185,000. Funds are available in the FY 2012-13 Capital Improvement Program budget in account C410107.589000.

Prepared by: James Velez-Conway, Senior Environmental Analyst

Approved:

Forwarded to Council:

Dean Kubani Director, Office of Sustainability and the Environment

Rod Gould City Manager

4

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 3-W To:

Mayor and City Council

From:

Martin Pastucha, Director of Public Works

Subject:

Contract Modification for Maintenance and Support Services for Santa Monica Airport’s Aircraft Noise Monitoring System

Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to Contract No. 9057 (CCS) in the amount of $143,103 with Exelis Inc., a Virginia-based company, to provide maintenance and s upport services for the Santa Monica Airport’s (Airport) noise and operations monitoring system (NOMS); purchase of flight track data; and to provide public access to flight track data through June 30, 2015, with two one-year options to renew in the amount of $221,180, for a total amount not to exceed $606,543 over an eight-year period, with future year funding contingent on Council budget approval. Executive Summary Recent changes to the policy of the Federal Aviation Administration (FAA) regarding the release of flight track data to the airport industry, free-of-charge, prompted staff to find an alternative FAA approved source to procure the data. This change by the FAA prompted staff to review the Airport’s current NOMS maintenance contract with Exelis Inc. that expires in June 2014, and the current contract for public on-line flight track display service, WebTrak, with Brüel & Kj ær’s which expires in August 2013. Staff recommends modifying the current contract with Exelis Inc., which expires in June 2014, to continue providing maintenance and support of the NOMS system through June 2015. Additionally, staff recommends Exelis Inc. to provide the flight track data through its on-line public access flight track display system, WebScene, as of September 2013. Exelis is the only FAA approved third party source that can provide reliable and ac curate flight track data to the airport industry. All the aforementioned services under this contract modification would extend through June 30, 2015 with two additional one year renewal options through June 30, 2017. Background On April 28, 2009 Council approved contract No. 9057 (CCS) as a sole source with Era Corporation for $242,261 for maintenance and support services for the Airport’s NOMS. In October 2010, the contract was assigned to ITT Corporation following the acquisition of Era Corporation by ITT Corporation. On January 12, 2011, ITT Corporation 1

announced that it was in the process of creating an independent publicly-traded company named Exelis Inc. effective October 2011. Exelis (and its predecessors) have been providing maintenance and support services for the Airport’s NOMS for the past 24 years, since the inception of the Airport’s noise management program. The Santa Monica Airport uses flight track data to correlate flight tracks with noise events for the Airport’s NOMS and to provide flight track information to the public through the on-line flight track display service, WebTrak. The City contracted with Bruel & Kjaer in August 2010 as a r esult of the Airport Commission’s recommendation to provide to the public near real time Santa Monica Airport flight track information on the Airport’s website. On January 31, 2013, staff received formal notification from the FAA that the current Memorandum of Agreement (MOU) for the release of flight track data would be terminated effective September 1, 2013. The notices also stated that if the City wished to continue to receive flight track data it would have to be procured through an F AAapproved third party source. All airports in the United States that had comparable MOUs received a similar notice. This change by the FAA prompted staff to review the Airport’s current NOMS maintenance contract with Exelis Inc. that expires in June 2014, and the current contract for public on-line flight track display service, WebTrak, with Brüel & Kjær’s which expires in August 2013 Discussion NOMS Maintenance and Support Services NOMS monitors noise levels of arriving and departing aircraft to ensure compliance with the Noise Code. Raw data, in the form of noise events, are gathered from the Airport’s system by Exelis Inc. for processing and correlation with flight track data for graphical presentation, and secured storage. Exelis holds sole proprietary rights over the hardware and software currently used in the Airport’s NOMS. Making the change to an alternative NOMS provider would require that the current system be replaced. The cost of such change far surpasses the maintenance costs associated with the current system.

2

Vendor Selection for Flight Track Data In April 2013, staff solicited proposals from the only three known companies that have an internet based service application that uses Exelis flight track data technology and allows the public to perform flight track inquiries and submit online noise complaints directly from the system. The three companies were Brüel & Kjær, Exelis, and Bridgenet. The three proposals were evaluated on price, ability to perform the requested services, system integration, and continuity of data. Exelis is the best bidder because their internet-based service application provides the continuity of data in the most costeffective manner. Modifying the current contract with Exelis Inc. to provide flight track data instead of renewing the existing contract with Brüel & Kj ær would save the City approximately $20,000 over the next two years. This contract modification with Exelis Inc. would allow for the purchase of flight track data for continued use in the noise monitoring equipment and public access to flight track data after the FAA terminates the release of flight track data to airports in September 2013.

I TT Corporation (parent company of Exelis Inc.) won a competitive

bid with the FAA in 2007 to replace radar as the primary surveillance method for controlling aircraft. Flight track data from Exelis Inc. is the most accurate, reliable and supported in the industry and would be easily integrated with the Airport’s current noise monitoring software.

Modifying the current contract with Exelis Inc. to provide

maintenance and support services for NOMS; provide flight track data; and provide public access to flight track data through June 2015 with two one-year renewal options through June 2017 would ensure staff’s ability to correlate noise events with flight tracks to identify Noise Code violations; conduct investigations of aircraft operations to identify aircraft deviations of the Fly Neighborly Program; and provide public access to flight track data.

3

Financial Impacts & Budget Actions Staff has remaining contract authority for the initial Contract No. 9057 (CCS) of $51,358. The contract modification to be awarded to Exelis Inc. is $143,103 (FY13-14 $23,321 and FY14-15 $105,782), with two one-year options to renew in the amount of $221,180 for FY2015-17, for an amended contract total not to exceed $606,543.

Funds are

included in the proposed FY2013-15 budget in division 33431; contract will be charged to account 33431.555060, pending Council budget approval. Future funding is contingent upon Council approval. Following is a breakdown of costs for this contract modification and renewal options:

NOMS Maintenance & Support Services Flight Track Data Online Flight Track Data Display Service TOTAL

FY2013-14

FY2014-15

FY2015-16

FY2016-17

Included in current contract $14,000

$81,062

$83,494

$85,999

$14,420

$14,853

$15,298

$23,321*

$10,300

$10,609

$10,297

$37,321

$105,782

$108,956

$112,224

*Includes an initiation fee of $14,154. Prepared by: Bob Trimborn, Airport Services Manager Stelios Makrides, Airport Operations Administrator

Approved:

Forwarded to Council:

Martin Pastucha Director of Public Works

Rod Gould City Manager

4

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 3-X To:

Mayor and City Council

From:

Martin Pastucha, Director of Public Works

Subject:

Exposition Light Rail Storm Drain Repairs and Replacement on Colorado Avenue

Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and ex ecute an agreement, in an amount not to exceed $274,566 (includes a 10% contingency) with the Exposition Metro Line Construction Authority (Authority) to repair and replace six storm drain laterals on Colorado Avenue between 6th Street and 11th Street. 2. Authorize budget changes as outlined in the Financial Impact and Budget Actions section of this report. 3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within budget authority. Executive Summary The Exposition Light Rail Phase 2 Project (Expo Line) is currently under construction along Colorado Avenue. During the pre-construction survey of storm drains, the Expo Line design-builder, Skanska-Rados Joint Venture (SRJV), performed video documentation of all storm drains that are within the project limits. The video inspection revealed six deteriorated City storm drain pipes in need of replacement. The pipes were found having multiple cracks, holes, and collapses. Staff recommends authorizing an agreement with the Authority to perform the storm drain repairs and replacement on Colorado Avenue in an amount not to exceed $274,566. Background The Expo Line will connect Downtown Los Angeles to Downtown Santa Monica. Th e three stations in Santa Monica will be at the 26th Street/Bergamot Station, Colorado/17th Street/SMC Station, and the Downtown Santa Monica Station.

The

Authority is designing and building the Expo Line. Once complete, the Expo Line will be turned over to the Los Angeles County Metropolitan Transportation Authority (Metro) for 1

operation. Phase 1 of the line to Culver City opened April 2012, just as construction began on Phase 2 to extend the line to Santa Monica. Phase 2 of the Expo Line is scheduled to open in early 2016. On July 13, 2010, Council adopted a range of betterments to incorporate into the City’s three Expo Line stations that included separate station platforms for east and west bound trains at the 26th Street/Bergamot Station and a s econd entrance at the Colorado/17th Street/SMC Station.

On May 24, 2011, Council authorized a funding

agreement between the City, Authority, and Metro to pay for baseline elements of the light rail and stations as the required 3% local match contribution for completion of the Expo Line in Santa Monica. On

June

28,

2011,

Council

approved

preliminary

engineering

services

at

Colorado/17th Street/SMC and 26th Street/Bergamot Stations. On September 13, 2011, Council authorized negotiations with the Authority for the betterments at these stations. On December 13, 2011, Council authorized an agreement with the Authority to perform final engineering and construction of betterments for the two stations. On January 24, 2012, Council authorized an ag reement with the Authority for the required 3% local match and an agreement for engineering and construction of betterments at the Downtown Santa Monica Station. On September 11, 2012, Council authorized an agreement with the Authority for the final engineering services and construction of the betterments to the City water main on Colorado Avenue. Discussion The Authority and i ts design builder, SRJV, have completed final design for the necessary City facility relocations on C olorado Avenue. A portion of the City’s storm drain system was identified for relocation since it was in conflict with the proposed Expo Line on Colorado Avenue.

In addition, a number of storm drain pipes were to be 2

protected in place and did not conflict with the Expo Line. During the field verification of existing utilities SRJV performed video documentation of the storm drain lines within the project limits. T hrough video inspection, six storm drain pipes located on C olorado Avenue at 6th Street, 7th Street, 9th Street, 10th Street (two pipes), and 11th Street were found to have holes, cracks, and collapses. In addition to the video documentation, a written report was provided describing all found defects. Based on the findings and engineering evaluations, SRJV and Authority recommended replacement of the six pipes. Staff reviewed the videos accompanied by the inspection report and concur with the Authority’s findings that the pipes need replacement or repair. Staff determined that it would be beneficial and cost effective to replace the pipes versus performing spot repairs and lining the pipes. On September 13, 2011, City Council authorized the City Manager to negotiate with the Authority and execute the Master Cooperative Agreement (MCA). The MCA states that the City is responsible for cost associated with replacement of the storm drain pipes with an ex pired service life or in need of repairs. City staff identified the necessary storm drain replacement scope, or betterments as defined in the MCA.

These

betterments are recommended for implementation during the construction of the Exposition Light Rail (EXPO) project to minimize future traffic and train operational interruptions. The repairs would not be feasible following completion of the EXPO line, since the storm drain lines will be l ocated under the railway. In order to complete engineering design, replacement and repairs to the six storm drain pipes without impacts to the Expo Line construction schedule on Colorado Avenue, staff recommends an agreement in the amount of $274,566 with the Authority. The Authority obtained cost proposals from SRJV for the City-requested betterments or repairs. Authority and City staff reviewed the cost and determined that it is competitive and comparable to other similar work. The Authority has agreed not to charge an overhead fee on any of the storm drain repairs. In addition, a C ity controlled contingency of $23,500 would be budgeted by the City. Only changes authorized by the City’s Director of Public Works would be approved for payment to the Authority. 3

Financial Impacts & Budget Actions The modification to be awarded to the Authority is for an amount not to exceed $274,566. The modification will be funded by a loan from the Wastewater Fund to the Stormwater Fund in the amount of $274,566. This loan will be repaid over five years at 1.5 percent fixed interest using future Stormwater funds.

Budget authority for

repayment of the Wastewater Fund loan for subsequent years will be requested in each budget cycle for Council approval. Completing these processes requires a bu dget appropriation of $274,566 to account 34274.569370 and the following transactions to recognize the loan: Debit 34.101101 Operating cash Credit 34.223082 Advance from fund 31 Debit 31.1130099 Advance to fund 34 Credit 31.101101 Operating cash Prepared by: Alex Nazarchuk, P.E., Civil Engineer

Approved:

Forwarded to Council:

Martin Pastucha Director of Public Works

Rod Gould City Manager

4

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 3-Y To:

Mayor and City Council

From:

Gigi Decavalles-Hughes, Director of Finance

Subject:

Formal Bids Staff Report 2013

Recommended Action Staff recommends that the City Council award Bids for the issuance of Blanket Purchase Orders for the attached list of recommended best bidders for goods or services formally bid between March and May 2013 for fiscal year 2013-14, in an amount not to exceed $1,844,772, with two one-year renewal options for a total amount not to exceed $5,534,315 over a three-year period, with future year funding contingent on Council budget. Executive Summary The City’s Purchasing Section formally bid a variety of goods and services from March 2013-May 2013. Attachment A represents a list of best bidders for these formal bids for goods or services by the respective requesting City Divisions. Goods or services would be delivered in FY 2013-14. Purchase orders may be renewed for two additional years. Discussion The City’s Purchasing Section bids goods or services as required by City departments throughout the fiscal year, however the time period between March and J une is amplified preparing for the new fiscal year. The attached list represents formal bids that have taken place between March 2013 and May 2013. The list identifies the best bidder, rationale for award and t he number of vendors submitting bids. In order to facilitate the consolidation of all formal bids completed during March 2013- May 2013. Finance is submitting a staff report and to ensure continuity of delivery of necessary goods or services, staff recommends that Council approve the attached list of vendors to provide the specified good or service through June 30, 2014.

1

Vendor Selection Bids for each of the goods or services were posted on the City’s online bidding system in accordance with the City Charter and M unicipal Code provisions related to vendor selection, and were determined to be the best bidder as defined in 2.24.072 of the Municipal Code. Financial Impacts & Budget Actions Funds are included in the FY 2013-15 budget within Department budgets.

Budget

authority in subsequent years will be r equested in each budget cycle for Council approval. Future funding is contingent upon Council approval.

Prepared by: Kellee Mac Donald, Senior Buyer Approved:

Forwarded to Council:

Gigi Decavalles-Hughes Director of Finance

Rod Gould City Manager

Attachments: A. Best Bidders

2

ATTACHMENT A

Bid # 4057 4057 4059

Vendor Name Gillig Lantel Valley Power Systems

Department BBB BBB BBB

4060 ZF Transmissions 4061 Toxguard 4064 Advanced Aquatic Tech

BBB BBB PLD-Parks

4066 HM Carpet (Primary) , Elite Floorcovering (Secondary) 4067 Sherwin Williams (Primary), Dunn Edwards Paints (1st back up), PPG (2nd Back up) 4068 Commercial Aquatic Services

Facilities

4073 Pearl Painting 4078 Filters

Various BBB

4079 Valley Power Systems

BBB

4081 Cummins 4083 HD Industries 4087 Eurofins Eaton

BBB BBB Water Treatment Plant Water Treatment Plant Water Treatment Plant

4089 General Pump 4091 Brenntag

Facilities Custodial

Total Expenditure Not To Number of Exceed For The Term of Best Bidder Justification Bidding Vendors Three Year Agreement Description of Goods/Service 3 Bids Bus Seating Material Holdworth Fabric $ 220,000 3 Bids Bus Seating Material Lantel Fabric $ 60,000 3 Bids Detroit 50 Overhaul Pricing, ability to pick-up / deliver and turnaround time $ 650,000 2 Bids ZF Transmission Parts Pricing $ 168,000 1 Bid 2 No-Bids Coolant/Maintenance Pricing $ 169,000 2 Bids ,2 No Bids Pond maintenance and cleaning at Price and good references Douglas Park $ 180,000 Carpet Flooring Contractor Best price and most qualified 5 Bids Services $ 250,000 6 Bids, 2 No Bids Paint Supplies Pricing, paint quality, and customer service $ 195,000 Pool Chemicals for Swim Center Good references and history 4 Bids, 2 No Bids with the City, offered a 3 year term, pricing $ 281,000 3 Bids Painting Services Pricing $ 360,000 13 Bids Various Filters Ability to provide all parts & Pricing $ 161,540 2 Bids 2 No-Bids Detroit Diesel Parts Ability to provide all parts & Pricing $ 477,000 1 Bid 1 No-Bid Cummins Overhaul Pricing $ 1,100,000 2 Bids ZF Transmission Overhaul Pricing $ 581,400 4 Bids Water Treatment laboratory Based on projected analysis frequency for each analysis $ 214,200 Booster Pump Maintenance Pricing 4 Bids $ 298,800 2 Bids Sulfuric Acid Pricing $ 168,375 Total $ 5,534,315

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 7-A To:

Mayor and City Council

From:

Marsha Jones Moutrie, City Attorney

Subject:

Ordinance Approving the Development Agreement Between the City of Santa Monica, a Municipal Corporation, and 1320 2nd Street, LLC., a California Limited Liability Company

Recommended Action Staff recommends that the City Council adopt the attached ordinance. Executive Summary At its meeting on May 14, 2013, the City Council introduced for first reading an ordinance approving the development agreement between the City of Santa Monica, a municipal corporation, and 1320 2nd Street, LLC., a California Limited Liability Company. The ordinance is now presented to the City Council for adoption.

Prepared by:

Marsha Jones Moutrie, City Attorney

Approved:

Forwarded to Council:

Marsha Jones Moutrie City Attorney

Rod Gould City Manager

1

CA:f\atty\muni\laws\barry\1318 2nd Street Development Agreement0625132d City Council Meeting: 6-25-13 Santa Monica, California ORDINANCE NUMBER __________ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION AND 1320 2ND STREET, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY WHEREAS, 1320 2

nd

Street, LLC, a C alifornia limited liability corporation

(“Developer”) is the owner of property located at 1318-1324 2

nd

Street; and

WHEREAS, on January 13, 2012, Developer submitted an application for a development agreement for a new mixed-use development project involving the construction of a 4-story building consisting of 53 residential units and approximately 6,700 square feet of ground floor neighborhood serving commercial space with a twolevel subterranean parking; and WHEREAS, this project is an i nfill project exempt from the California Environmental Quality Act pursuant to CEQA Section 21159; and WHEREAS, the development agreement is consistent with the General Plan, as summarized below, and as detailed in the accompanying City Council staff report prepared for this proposed project and the exhibits thereto, incorporated herein by reference, including, but not limited to: (a) Consistent with LUCE Policy D7.1 of the Downtown District, the proposed mixed-use project balances a broad mix of uses that creates dynamic activity in both

1

the daytime and evening hours including retail and high-density residential uses in the Downtown. (b) Consistent with Policy D7.2, the project encourages local-serving uses that are an integral part of complete neighborhoods and support an overall trip reduction strategy. (c) Consistent with Policy D8.7, the project is a mixed-use development with active ground floor uses that face the boulevard with residential uses located on the upper floors. (d) The project will also implement a Transportation Demand Management (TDM) plan which reduces vehicle trips in the area and associated parking demand consistent with LUCE Circulation Policy T19.2 which seeks appropriate TDM requirements for new development. (e) The project is also consistent with LUCE’s overall land use policies by providing community benefits for the area, including but not limited to, affordable housing in excess of the Affordable Housing Production Program, a transit contribution for the downtown that would support transit improvements, an open space contribution that would support nearby park improvements, a monetary contribution towards the Colorado Esplanade, a monetary contribution towards the Big Blue Bus infrastructure, a monetary contribution towards historic preservation programs, and enhanced LEED certification,

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

2

SECTION 1. The Development Agreement attached hereto as Exhibit 1 and incorporated herein by reference between the City of Santa Monica, a m unicipal corporation, and 1320 2nd Street, LLC, a California limited liability corporation, is hereby approved.

The City Manager is authorized to execute the attached

Development Agreement.

SECTION 2. Each and every term and c ondition of the Development Agreement approved in Section 1 of this Ordinance shall be and is made a part of the Santa Monica Municipal Code and any appendices thereto. The City Council of the City of Santa Monica finds that public necessity, public convenience, and general welfare require that any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Development Agreement, to the extent of such inconsistencies and no f urther, be r epealed or modified to that extent necessary to make fully effective the provisions of this Development Agreement.

SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 4. 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 3

have passed this Ordinance, and eac h and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be s ubsequently declared invalid or unconstitutional.

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

APPROVED AS TO FORM: ______________________________ MARSHA JONES MOUTRIE City Attorney

4

EXHIBIT 1 DEVELOPMENT AGREEMENT

5

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 7-B To:

Mayor and City Council

From:

David Martin, Planning and Community Development Director

Subject:

Emergency Ordinance to Amend Santa Monica Municipal Code Section 8.08.070(d) to Allow a Fourth Extension of Time to Complete Construction on Projects that Include a Designated Santa Monica Landmark

Recommended Action Staff recommends that the City Council adopt the attached emergency ordinance amending Section 8.08.070(d) of the Santa Monica Municipal Code to allow an additional extension of time to complete construction on projects that include a designated Santa Monica Landmark. Executive Summary Santa Monica Municipal Code Chapter 8.08 codifies the conditions for a building permit to remain active and the total allowed construction timeframe of a project. This Chapter states that a bui lding permit expires when a c onstruction project exceeds its allowed time period. H owever, the Municipal Code allows for permit extensions when it is demonstrated that the project is being executed in good faith and that there are no negative impacts to the community as a r esult of the extension. A project may be granted up to three 180-day extensions to the building permit which equates to a yearand-a-half of additional time in which to complete construction. The proposed emergency ordinance would allow the Building Officer to grant an additional 180-day extension to complete construction on projects that include a designated Santa Monica Landmark. The applicant would be required to satisfy the requirements set forth in the current ordinance demonstrating that circumstances were beyond his or her control and t hat substantial progress has been made, no health or safety hazards are present, and t here are no unr easonable aesthetic or economic impacts to the community.

1

Discussion Buildings of designated historical significance in Santa Monica may include those that were originally constructed with methods and materials that are obsolete and do n ot meet current building code standards. Some of these building materials may have been originally designed to carry a s ignificant structural component to the building such as structural shear walls.

Discovery of these obsolete materials may result in design

changes with construction impacts that affect project scheduling. For existing buildings, the construction phase of the project may reveal significant materials that are not always visually or forensically apparent as they are concealed behind existing building elements. Buildings of historical significance that encounter unforeseen conditions, such as obsolete building materials and methods, may require redesign by the design professional and subsequent review by City staff. This in turn, affects the construction schedule and completion deadlines. Often such circumstances are deemed beyond the owner’s or permitee’s control, and t herefore make a project eligible for a per mit extension under the proposed emergency ordinance. The time allowances set forth in Chapter 8.08 codifies the conditions for a building permit to remain active and the total allowed construction timeframe of a project. These timeframes are considered reasonable and serve to limit impacts on t he surrounding community. The majority of construction projects are completed within the current time period allowed. Occasionally projects seek a permit extension of 180-days, up to three extensions with a r equest to the Building Officer. E ach request is examined on an individual basis for compliance with the provisions of Chapter 8.08 for an extension. The proposed emergency ordinance amendment to allow a f ourth building permit extension for designated Santa Monica Landmarks would provide for reasonable examination of conditions encountered. Applicable projects would be analyzed by the 2

Building Officer and Planning staff for progress, compliance with safety, maintenance of historical character and contextual impacts to the community. Staff is recommending that the ordinance amendment be heard on an emergency basis to allow the building permit of current projects to remain active and f or immediate continuance of construction. Financial Impacts & Budget Actions There is no i mmediate financial impact or budget action necessary as a r esult of the recommended action.

Prepared by: Ron Takiguchi, Building Officer, Planning and Community Development

Approved:

Forwarded to Council:

David Martin, Director of Planning and Community Development

Rod Gould City Manager

Attachments: A. Draft Ordinance

3

F:\Atty\Muni\Law\MJM\BuildingPermitExtensionLandmarkEmergOrd062513

City Council Meeting: 6-25-2013

Santa Monica, California

ORDINANCE NUMBER _________ (CCS) (City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING UP TO FOUR EXTENSIONS OF TIME TO COMPLETE CONSTRUCTION ON PROJECTS THAT INCLUDE A DESIGNATED SANTA MONICA LANDMARK AND DECLARING THE PRESENCE OF AN EMERGENCY

WHEREAS, the municipal code includes time periods for completing construction projects and allows for no more than three extensions; and WHEREAS, City policy favors the protection and retention of historic structures, a policy which is embodied in the City's Landmarks law; and WHEREAS, construction projects that include designated landmarks often present complex construction challenges; and WHEREAS, in order to ensure that designated landmarks within construction projects are protected and to encourage adaptive re-use of historic structures, it is necessary to allow additional time to complete such projects. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 8.08.070 of the Santa Monica Municipal Code is hereby amended as follows:

1

8.08.070 Permit issuance, extension and renewal. (a)

Issuance. If the Building Officer finds that the work described in an

application for a permit and submittal documents conforms to the requirements of the technical codes and other pertinent laws and or dinances, and that the applicant has paid all required fees, the Building Officer shall issue a permit for the work to the applicant. When a permit is issued for which plans are required, he construction documents shall be approved in writing or by stamp. No building permit or demolition permit shall be issued by the City for any development that requires a c oastal development permit under the California Coastal Act of 1976, Public Resources Code Sections 30000 et seq., until such time as a coastal development permit has been issued for such development. (b)

Partial Permit. The Building Officer may issue a p ermit for the

construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been s ubmitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements. The holder of a partial permit shall proceed without assurance that the permit for the entire building, structure or building service will be granted. (c)

Expiration. Every permit issued under the provisions of this Code

expires by limitation and becomes null and void when any of the following circumstances is applicable:

2

(1)

Failure to Start Construction. If the building or work authorized by

such permit is not started within one hundred eighty days from the date of permit issuance; (2)

Cessation of Work. If the building or work authorized is suspended

or abandoned at any time after the work has started, for a period of one hundred eighty days or more; (3)

Time to Complete. In addition to subsections (1) and ( 2) above,

every permit issued under the provisions of this Chapter expires by limitation and becomes null and void when the time allowed to complete all work authorized by the permit exceeds the following time periods based on valuation:

Valuation

Time Allowed

Under $300,000

12 months

$300,001 to $1,000,000

24 months

$1,000,001 to $20,000,000

36 months

Over $20,000,000

48 months

When a project is divided into separate permits for the convenience of the owner or tenants and the work on such permits is to be done concurrently, the

3

time allowed to complete all work on each separate permit shall be equal to the time period for the total valuation of the separate permits. (d)

Extensions.

(1)

Extensions of time from the stated periods in subsection (c) above

may be permitted for good reason, provided such requests are submitted to the Building Officer in writing prior to permit expiration. The written request must demonstrate that: (A)

Due to circumstances beyond the owner’s or permittee’s control,

construction could not be commenced, continued or completed in the authorized time period; (B)

If construction has started, substantial progress has been made;

(C)

The condition of the property presents no health or safety hazard;

(D)

The continued delay will not create any unreasonable aesthetic

and

impact to the neighborhood or substantial economic detriment to neighboring property owners. (2)

The time periods set forth to start construction within one hundred

eighty days or resume construction after cessation of work for one hundred eighty days may each be extended no more than once, and the time period set forth to complete construction may be extended no more than three times.;

4

however, if the project includes the preservation of a designated City of Santa Monica landmark, the period to complete construction may be extended no more than four times. Each extension of time shall not exceed one hundred eighty days. (e)

Extension Request Appeals. The decision of the Building Officer

may be appealed to the Director of Planning and Community Development, who shall conduct a de n ovo review. Any such appeal shall be filed in writing within seven days of the decision of the Building Officer. The decision of the Director of Planning and Community Development shall be final. (f)

Renewal. Before any work authorized under an expired permit can

be recommenced, the permit holder shall file an ap plication for renewal. Such application shall include all original submittal documents and shall identify any changes that have been made or will be m ade in the original plans and specifications for such work. If the Building Officer finds that the work remaining to be completed under the permit conforms to the requirements of the Technical Codes and ot her pertinent laws and ordinances, and that the applicant has paid all required fees, the Building Officer shall renew the permit for the work to the applicant. No work shall recommence until the renewal application and submittal documents are approved. SECTION 2. This Ordinance is declared to be an urgency measure adopted pursuant to the provision of Section 615 of the Santa Monica City Charter. As set forth 5

in the findings above, this Ordinance is necessary for preserving the public peace, health, safety, and welfare. SECTION 3. 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 4. 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. T he 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 d ays after its adoption. effective upon its adoption. APPROVED AS TO FORM: _________________________ MARSHA JONES MOUTRIE City Attorney

6

This Ordinance shall become

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 7-C To:

Mayor and City Council

From:

Marsha Jones Moutrie, City Attorney

Subject:

Ordinance Repealing Chapter 7.18 of the Santa Monica Municipal Code Relating to Retrofitting of Plumbing Fixtures

Recommended Action Staff recommends that the City Council adopt the attached ordinance. Executive Summary At its meeting on June 11, 2013, the City Council introduced for first reading an ordinance repealing Chapter 7.18 of the Santa Monica Municipal Code relating to retrofitting of plumbing fixtures. The ordinance is now presented to the City Council for adoption.

Prepared by:

Marsha Jones Moutrie, City Attorney

Approved:

Forwarded to Council:

Marsha Jones Moutrie City Attorney

Rod Gould City Manager

1

Council Meeting: June 25, 2013

Santa Monica, California

ORDINANCE NUMBER ____ (CCS) (City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING CHAPTER 7.18 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO RETROFITTING OF PLUMBING FIXTURES WHEREAS, the City of Santa Monica is committed to reducing inefficient use of water resources and maximizing the availability of potable water for essential residential and business uses; and WHEREAS, conservation of water is critically important if the City of Santa Monica is to sustain itself, survive droughts as well as emergencies and natural disasters; and WHEREAS, on September 2, 1993, the City Council adopted Chapter 7.18 of the Santa Monica Municipal Code, which established water conservation plumbing standards in order to reduce wastewater flows and decrease the use of potable water within the City; and WHEREAS, this law has been implemented with great success as nearly every single-family home, multi-family building, and commercial property sold in Santa Monica since 1993 has been properly retrofitted with water saving plumbing fixtures; and

1

WHEREAS, recently enacted state laws, such as SB 407 of 2010, and local laws, such as the Green Building Code, duplicate the key requirements contained in Chapter 7.18; and WHEREAS, in light of the successful implementation of Chapter 7.18 and the availability of other State and local laws setting forth the same requirements, Chapter 7.18 no longer serves a useful purpose; and WHEREAS, limited staff resources should be redirected toward other sustainability programs.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: Section 1.

Chapter 7.18 of the Santa Monica Municipal Code is hereby

repealed. Section 2. 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:

_________________________ MARSHA JONES MOUTRIE City Attorney

2

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 7-D

To:

Mayor and City Council

From:

Marsha Jones Moutrie, City Attorney

Subject:

Interim Ordinance Extending and Amending Interim Ordinance Number 2417(CCS), Which Established Interim Development Procedures Pending Implementation of the LUCE, Including Modifications Addressing Ordinance Applicability, CM District Non-Conforming Uses, Shared Parking and FAR Calculations In The Downtown, Exemptions for City Projects, Provisions Relating to the Permitted Number of Restaurants in the CM District, the Replacement of Existing Public Parking Spaces Within Public Parking Structures in BSC-2 and C3-C Zoning Districts, and Authorization of Existing Nonconforming Automobile Dealership Uses and Minor Expansions Thereto in Residential and "A" Off-Street Parking Overlay Zones, to Modify the Requirements for Ministerial Processing of 100% Affordable Housing of 50 or Fewer Units

Recommended Action Staff recommends that the City Council adopt the attached ordinance. Executive Summary At its meeting on June 11, 2013, the City Council introduced for first reading an interim ordinance extending and a mending Interim Ordinance Number 2417(CCS), which established interim development procedures pending implementation of the LUCE, including modifications addressing ordinance applicability, CM District non-conforming uses, shared parking and F AR calculations in the downtown, exemptions for City projects, provisions relating to the permitted number of restaurants in the CM District, the replacement of existing public parking spaces within public parking structures in BSC-2 and C3-C Zoning Districts, and authorization of existing nonconforming

1

automobile dealership uses and m inor expansions thereto in residential and "A" offstreet parking overlay zones, to modify the requirements for ministerial processing of 100% affordable housing of 50 or fewer units. The ordinance is now presented to the City Council for adoption.

Prepared by:

Marsha Jones Moutrie, City Attorney

Approved:

Forwarded to Council:

Marsha Jones Moutrie City Attorney

Rod Gould City Manager

2

F:\atty\muni\laws\barry\LUCEInterimOrdAmd062513 City Council Meeting: 06-25-13

Santa Monica, California

ORDINANCE NUMBER _________ (CCS) (City Council Series)

AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING AND AMENDING INTERIM ORDINANCE NUMBER 2417 (CCS), WHICH ESTABLISHED INTERIM DEVELOPMENT PROCEDURES PENDING IMPLEMENTATION OF THE LUCE, INCLUDING MODIFICATIONS ADDRESSING ORDINANCE APPLICABILITY, CM DISTRICT NON-CONFORMING USES, SHARED PARKING AND FAR CALCULATIONS IN THE DOWNTOWN, EXEMPTIONS FOR CITY PROJECTS, PROVISIONS RELATING TO THE PERMITTED NUMBER OF RESTAURANTS IN THE CM DISTRICT, THE REPLACEMENT OF EXISTING PUBLIC PARKING SPACES WITHIN PUBLIC PARKING STRUCTURES IN BSC-2 AND C3-C ZONING DISTRICTS, AND AUTHORIZATION OF EXISTING NONCONFORMING AUTOMOBILE DEALERSHIP USES AND MINOR EXPANSIONS THERETO IN RESIDENTIAL AND "A" OFFSTREET PARKING OVERLAY ZONES, TO MODIFY THE REQUIREMENTS FOR MINISTERIAL PROCESSING OF 100% AFFORDABLE HOUSING OF 50 OR FEWER UNITS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings and Purpose. The Council finds and declares: (a) T he City adopted a new Land Use and Circulation Element of the General Plan of the City of Santa Monica ("LUCE") on July 6, 2010 but has not yet adopted amendments to the City's Zoning Ordinance reflecting the LUCE's policies, goals and standards.

1

(b) T he adoption of the LUCE was the culmination of a multi-year planning process that commenced in 2004. (c) T he LUCE encompasses the community's vision of the City's future and is designed to maintain the City's character, protect the City's neighborhoods, manage its transportation systems, and encourage additional housing in a sustainable manner that ensures a high quality of life for the City's residents. (d) T he LUCE implements the community's core values through its focus on community character and neighborhood conservation, future trip reduction, vibrant and walkable villages, integrated land use and transportation, local land uses and housing, jobs tied to housing and t ransit, promotion of social and fiscal health and di versity, sustainability, community benefits, open space, and implementation, phasing and monitoring. (e) The LUCE goals and policies are predicated on the integration of land use and transportation including a focus on the type of land uses, the location of land uses, the quality of projects, the amount of developmental change, and the pace of this change. (f)

The LUCE was prepared with the general purpose of guiding and

accomplishing coordinated and harmonious development of the City which, in accordance with existing and future needs, best promotes the public health, safety, and general welfare, as well as efficiency and economy in the process of development. (g) T he LUCE substantially revises the City's land use policies, goals, and standards.

2

(h)

T he City's planning and zoning regulations are presently under

comprehensive review and r evision in order to ensure that such regulations are consistent with the General Plan as amended and consistent with the public health, safety, and welfare. This comprehensive revision of the City's Zoning Ordinance is a substantial project which is crucial to the community's long-term welfare as reflected in the goals, policies, and standards of the LUCE. Major elements of the comprehensive revision of the Zoning Ordinance are expected within 12 months. (i) Certain critical areas of conflict between the LUCE and t he existing Zoning Ordinance have been identified by the City's Planning and Community Development Department as it has reviewed pending applications subsequent to the adoption of the LUCE. (j)

Z oning Ordinance Part 9.04.20.28 establishes the applicability and

procedures for issuance of administrative approvals which provide for the ministerial administrative review and assessment of proposed developments subject to explicit standards contained in the Zoning Ordinance. (k) The administrative approval process is premised on the assumption that the explicit standards in the Zoning Ordinance have been adopted to ensure that a completed project is in harmony with existing or potential development in the area and is consistent with the goals, objectives, and policies of the General Plan. (l) However, this premise underlying the administrative approval process is no longer applicable given the significant ways in which the LUCE differs from the prior Land Use and Circulation elements including, but not limited to, the direct linkage between land use and transportation policies and pr ograms and the establishment of 3

new development policies and standards which ensure that quality development contributes to the character of the City. (m) Additionally, the LUCE establishes a base height for each land use as a baseline. P roposed development which seeks additional height above the base is subject to discretionary review and m ust meet additional requirements consistent with the community's broader social, environmental, and circulation goals. This approach is defined in three tiers. (n) Under the LUCE, Tier 2 and Tier 3 projects must provide community benefits for the City and the neighborhood. More specifically, a developer seeking to develop a Tier 2 or Tier 3 project must include certain preferred uses, beneficial project design features, and provide critical amenities or meet other development standards that address the community's core needs—it's social, cultural, physical, transportation and environmental goals. (o)

The LUCE identifies five priority categories of community benefits—new

affordable and workforce housing, GHG emission and congestion reduction, physical improvements to create connections and open space, social and cultural facilities, and historic preservation. (p) T he existing Zoning Ordinance does not currently incorporate this tier structure or establish a mechanism to prioritize and necessitate that projects participate in the community benefit tier structure, which is the basis by which much of the LUCE vision, goals, and policies will be achieved.

4

(q) Additionally, the LUCE establishes 17 distinct land use designations. One of these land use designations is the Downtown Core. The purpose of this designation is to maintain and enhance the downtown area as the heart of the City and as a thriving, mixed use urban environment. Unlike the other land use designations, the LUCE does not establish new height and F AR development parameters, but instead provides that the height and FAR along with other development standards shall be det ermined through a specific plan process. (r)

At the time the initial interim ordinance was adopted, there were

approximately 700,000 square feet of administrative and development review projects, not including development agreements, pending planning review. O f the 700,000 square feet, approximately 500,000 square feet was located within the Downtown Core. Approximately half of the projects in the Downtown Core were Administrative Approvals that did not require public review and need only comply with objective standards in the existing Zoning Ordinance.

Within the Downtown, bringing forward approximately

200,000 square feet of new development outside of the development agreement process before the completion of the Downtown Specific Plan meant that nearly a quarter of the growth anticipated in the Downtown could be c onstructed inconsistent with the yet to be adopted Specific Plan. The Downtown Specific Plan will include a circulation framework that will address the integration of Expo light rail into the Downtown system, freeway access, direct parking structure access, and congestion; establishing the foundation for future land use and t ransportation decisions. If these Administrative Approvals had proceeded in a pi ecemeal fashion without these components, it would have undermined the community vision set forth in the Downtown

5

District goals and pol icies, as well as the Downtown Specific Plan process underway and would have detrimentally affected the City’s ability to implement LUCE goals and policies, particularly with respect to: providing open spaces, trip reduction, coordinating with adjacent sites, congestion management, and achieving community goals through community benefits and quality urban design. (s) Additionally, transit-oriented districts in the City’s transitioning industrial areas are not reflected in the current zoning ordinance, which allows uses that would now be considered undesirable and inconsistent with the LUCE. (t) Pending completion of the comprehensive update to the Zoning Ordinance, it is essential that development be consistent with the General Plan so that the goals and values of the community, as reflected in the LUCE, are not significantly undercut. Adjusting the development standards as provided in this Ordinance will ensure that the quality of life, the environment, the ability to move around the City, and the efficacy of the ongoing planning process are preserved. (u) A doption of this ordinance would not prohibit any development, but would instead provide an alternate process by which development is reviewed and approved so as to ensure consistency with and appropriate implementation of the LUCE. (v) A doption of this ordinance would also not materially alter the City's substantial incentives for residential or mixed use development in non-residential zoning districts. These incentives would be preserved in local law and policy. F or example, residential development in all of the City's commercial districts would remain authorized. Thus, residential development could still occur in over 80% of the City.

6

(w) After the adoption of the initial interim ordinance, issues were raised relating to the processing of projects that were in the pipeline prior to the effective date of the initial interim ordinance which require the City to expeditiously consider and adjust the applicability provisions of the interim ordinance to ensure fairness to project applicants while preserving the City's ability to effectuate the goals and policies of the LUCE. (x)

After the interim ordinance was extended on April 26, 2011, it became

apparent that allowing two restaurants per block on the east side of Main Street north of Ocean Park Boulevard will promote the general welfare by encouraging additional investment in that neighborhood and strengthening the connection between Main Street and the Civic Center. (y) As detailed above and in the LUCE, the City's downtown is a thriving, mixeduse urban environment for people to live, work, be e ntertained, and be culturally enriched. (z) This area has the greatest concentration of activity in the City, anchored by the core commercial district, including the Third Street Promenade and S anta Monica Place. (aa) The City’s publically owned parking structures in the BSC-2 and C3-C zone districts are essential to a v ibrant, economically viable downtown area, providing parking for the offices, restaurants, theaters, and residences. (bb) The vast majority of the City's residents regularly visit downtown and use its parking resources.

7

(cc) T he importance of the City's publically-owned parking infrastructure in the City's downtown is reflected in the numerous studies and reports over the past dozen years, including but not limited to the 2000 Downtown Parking Management Program, the 2002 Downtown Parking Task Force strategic plan, the 2006 Downtown Parking Program, and the 2009 Walker Parking Study. (dd) These centrally located parking structures enable their users to park once and then walk to multiple destinations. (ee)

This "Park Once" philosophy contributes to the Downtown's pedestrian

character and is a major underpinning of its success. (ff) T hese parking structures are also operated in a manner to meet the City’s LUCE, transportation and economic goals. (gg)

The LUCE calls for a par king management approach which utilizes a

shared pool of parking resources creating a true shared parking district. (hh) Given these fundamental goals, it is essential that these parking structures be protected as precious resources to ensure that adequate parking is available and that easy access is provided to the core of the Downtown thereby promoting its vitality. (ii) T he City has spent millions of dollars retrofitting and maintaining many of these structures. (jj)

In April 26, 2011, the California Supreme Court issued its decision in

California Redevelopment Association v. Ana Matosantos, affirming AB 1X26 which provides for the dissolution of redevelopment agencies.

8

(kk) In AB 1X26, the State legislature incorporated provisions that purport to require properties formerly owned by the City’s Redevelopment Agency to be s old so that the proceeds can be transferred to the County auditor-controller for distribution to taxing entities as property tax proceeds. (ll) I n such event, to ensure replacement parking essential for the economic viability of the City’s downtown, there is a need for a development standard that requires an owner to first obtain a final permit for a project providing replacement public parking within the same district before an owner may remove, redevelop or convert a parking structure in a manner that results in the removal of public parking spaces. (mm) On April 11, 2006, the City Council adopted Interim Ordinance Number 2179 (CCS), after lengthy public outreach, environmental review, and he arings, modifying auto dealership standards in various commercial and residential zoning districts in the City to better balance the need for auto dealerships to expand and develop a more urban format within a c ontext of limited land availability and close proximity to sensitive residential uses. This Ordinance was extended several times, but expired August 8, 2010. (nn) Consistent with LUCE goals and pol icies, it has and continues to be contemplated that the provisions of the auto dealership interim ordinance would be included in the Zoning Ordinance Update that is currently under preparation. (oo) More specifically, Goal E8 of the LUCE states: “Allow for the expansion and improved performance of automobile dealers in Santa Monica, recognizing their contribution to the local economy and the revenue base of the General Fund.” Further, LUCE Policy E8.3 states: “Allow automobile dealers to reasonably expand in their 9

current locations and otherwise respond to likely global changes in the automobile industry as long as their redevelopment is in the urban auto dealership format and incorporates mitigations to reduce any negative impacts on the surrounding residential and nonresidential uses.

The expansion may occur on ex isting parcels used for

automobile dealerships and on adjacent or proximate parcels.” (pp) Auto dealerships are important to the economic vitality of the City, and readopting, with modification, certain of the auto dealership interim ordinance provisions would encourage the retention of these dealerships by enabling these dealerships to expand and modernize their operations in order to remain competitive in the industry while ensuring that changes or improvements made on existing automobile dealer lots are sensitive to and in keeping with the character of adjacent residential areas. (qq) The dissolution of the City's Redevelopment Agency and the associated loss of the City's primary funding source for affordable housing have significantly impacted the City's ability to produce housing for the lowest household income categories. Historically, the City's Housing Division invested approximately $15 million of Housing Trust Funds annually to finance affordable housing through loans and grants to non-profit housing developers. With the dissolution of redevelopment, the majority of the Housing Trust Funds' dollars, as well as the City's ability to leverage these monies with outside funding has been eliminated. (rr) The LUCE identifies the production of affordable housing as one of the City's highest priorities and many of the LUCE policies are targeted at the production of affordable housing.

For instance, LUCE Policy H1.2 provides that the City should

"maintain programs to require and e ncourage the production of affordable housing for 10

very low-, low- and moderate income households," "seek additional opportunities to increase the percentage of affordable housing as a component of for-sale and qualifying rental residential and mixed-use housing projects," and "incentivize affordable housing projects." LU CE Policy H1.3 provides that the City should "incentivize the creation of new affordable housing opportunities." (ss) T he City is in the process of updating its Housing Element. T he City's Regional Housing Needs Assessment (RHNA) includes four hundred twenty-eight (428) very low income housing units and t wo hundred sixty-three (263) low income housing units. (tt) The loss of redevelopment monies and the City's future affordable housing goals as reflected in the RHNA necessitates that the City strengthen its incentives for the production of housing which provide a greater mix in housing affordability levels and address the City's need for low, very low and extremely low affordable housing units. The proposed revision to the standards for the ministerial processing of 100% affordable housing projects of 50 or fewer units directly addresses this effort. (uu) Encouraging ground floor outdoor dining is an important goal expressed in the LUCE. E xcluding such dining from the calculation of floor area ratio can help incentivize this use and c reate opportunities for adaptive reuse in existing structures that would not presently be pos sible. S uch ground floor outdoor dining does not contribute to a building’s mass and density, and t herefore its exclusion from FAR is appropriate. However, ground floor outdoor dining would still be considered floor area so that its potential impacts on such areas as parking and t raffic would still be calculated. 11

(vv)

In light of the above-detailed concerns, on February 8, 2011, the City

Council adopted Interim Ordinance Number 2345 (CCS) establishing interim development procedures pending implementation of the LUCE through a revised Zoning Ordinance; on April 26, 2011, the City Council adopted Ordinance Number 2356(CCS) extending and amending Ordinance Number 2345 ( CCS); on February 28, 2012, the City Council adopted Ordinance Number 2394 (CCS), further extending and amending Ordinance Number 2345 (CCS), on August 28, 2012, the City Council adopted Ordinance Number 2407 (CCS) additionally extending and amending Ordinance Number 2345 (CCS), and o n February 26, 2013, the City Council adopted Ordinance Number 2417 (CCS) amending Ordinance Number 2345 (CCS) to address ministerial processing of 100% affordable housing projects of 50 or fewer units. (ww)

Pending completion of the City's review of its planning and zoning

regulations, it is necessary on an interim basis to modify the Zoning Ordinance as set forth in Section 2, Section 3, Section 4, Section 5, and Section 6 of this Ordinance. (xx) As detailed above and in the January 25, 2011, April 26, 2011, February 14, 2012, August 14, 2012, February 12, 2013, and J une 11, 2013 City Council staff reports, there continues to exist a c urrent and immediate threat to the public health, safety, and welfare should the interim zoning ordinance and necessary amendments not be adopted and development of projects inconsistent with the LUCE be allowed to proceed through the issuance of Administrative Approvals or Development Review Permits which are not consistent with the explicit standards of the LUCE or with the tier structure and the provision of community benefits.

12

SECTION 2. Interim Zoning Regulations Notwithstanding any provision of the City's Zoning Ordinance to the contrary, the issuance or extension of permits for either a new development project or for the expansion of an existing development project that exceeds 7500 s quare feet ("development project") that does not comply with the interim zoning standards set forth in Section 3, Section 4, Section 5, or Section 6 of this Ordinance is hereby prohibited and no zoning permits or approvals, subdivision maps, building permits, or other land use permit shall be approved, issued, or extended for a dev elopment project in contravention of Section 3, Section 4, Section 5, or Section 6, during the pendency of this Ordinance or any extension thereof. SECTION 3. Interim Zoning. (a)

Administrative Approvals.

No development project shall be ap proved

pursuant to Santa Monica Municipal Code Section 9.04.20.28.020 [Administrative Approvals] unless all of the following findings are made: (1) The proposed development does not require discretionary review or approval as established in the Zoning Ordinance, the LUCE, or this Interim Ordinance. (2)

The proposed development conforms precisely to the development

standards contained in both the Zoning Ordinance and in the LUCE for the zoning district and land use designation in which the development is located. (3) In the case of any inconsistency between the Zoning Ordinance and the LUCE pertaining to any objective development standard or permitted use, the proposed

13

development conforms to the more restrictive development standard and is a permitted use authorized by the LUCE. (4) A dditionally, notwithstanding subsection (c) of this Section, any pending Administrative Approval application filed on or before March 11, 2011 for a housing development project must meet the following Transportation Demand Management requirements: (i) Prior to the issuance of building permits, the property owner shall prepare, implement, and maintain a Transportation Demand Management plan, to the satisfaction of the City, including physical, operating and leasing conditions that will be reasonably likely to result in attainment of a 1.50 a.m. and p.m. AVR among employees at the development within three years and continued achievement and maintenance of the AVR targets thereafter. The following measures shall be included in the developer’s TDM plan: (A)

Transportation Information: Developer (and its successors and assignees)

shall provide, to the satisfaction of the City, bulletin boards, display cases, or kiosks, displaying transportation information located where the greatest number of residents and employees are likely to see them. This information shall also be provided annually and upon signing of any lease, to residents and commercial tenants. Information shall include, but is not limited to, the following: 

Current maps, routes, fare information, and schedules for public transit routes serving the site.

14



Telephone numbers and website links for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators.



Ridesharing

promotional

material

supplied

by

commuter-oriented

organizations. 

Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information.



A list of facilities available for carpoolers, vanpoolers, bicyclists, transit riders, and pedestrians at the site.



Walking maps and information about local services, restaurants, movie theaters, and recreational activities within walking distance of the project.

(B)

Motorcycle Parking: Developer (and its successors and assignees) shall

provide two motorcycle parking spaces allocated in the commercial subterranean parking level, if commercial parking is provided on-site. (C)

Bicycle Parking: Developer (or successors and assignees) shall provide

and maintain long-term, secure bicycle parking, such as a locked room or cage, for commercial tenant employees at a rate of one space for each 5,000 sq. ft. of commercial area, with a minimum of two spaces in City-approved locations. Long-term secure bicycle parking for the residential component shall be one space per bedroom and shall be provided in an enclosed, secure space (e.g. bike room, bike lockers). Short-term bicycle parking for the residential component shall be 0.2 spaces/unit with a minimum of 4 spaces.

15

(D)

Bicycle, Vanpool, and Carpool Parking Spaces: Developer (or successors

and assignees) shall provide parking space in accordance with SMMC 9.04.10.08.050. Preferential parking within the parking garage shall be provided for project employees who carpool or vanpool to work. T he charge for such parking spaces will be at a reduced rate. (E)

Showers: A minimum of one women’s and one men’s shower and locker

facility shall be provided for employees of commercial uses on site who bicycle or use another active means, powered by human propulsion, of getting to work or who exercise during the day. (F)

Unbundling of Parking Spaces: If the City adopts an ordinance or other

legal mechanism which authorizes the unbundling of parking, the Applicant (or Applicant’s successors and as signs) shall in all leases it executes as landlord of residential units within the Project provide residential tenants with the option of leasing parking space(s) separately from the residential unit. Any parking spaces not leased by project residential tenants may be l eased to any lessee on a m onth to month basis, whether or not the lessee otherwise occupies or works at the project, provided project residential tenants are given first priority to lease such spaces. (G)

Transportation Management Organization:

Developer shall agree to

participate in a Transportation Management Organization serving its area and require same of its tenants. If the City adopts a requirement that a Transportation Management Organization be formed for the project’s geographic area, property owner and tenants shall participate in any specific strategies that may be implemented, including but not

16

limited to, support for transit use, shared parking, car sharing opportunity, and pedestrian and bicycle improvements. (b) Tier 2 and Tier 3 Development Projects. Notwithstanding the development standards specified in the Zoning Ordinance, no dev elopment project which would constitute a Tier 2 or Tier 3 project as established pursuant to LUCE Chapter 2.1 shall be approved except City projects or projects developed pursuant to a dev elopment agreement adopted pursuant to Santa Monica Municipal Code Chapter 9.48.

City

projects are defined as City public works projects and City community facilities (e.g. libraries, public parking structures, recycling centers, and community centers), not including public/private partnerships, and City projects shall be deemed to meet the community benefit requirements of Tier 2 and Tier 3 development projects. (c)

Downtown Core. Notwithstanding the development standards specified in

the Zoning Ordinance, no development project in the Downtown Core as delineated in the Land Use Designation Map approved by the City Council on July 6, 2010 shall exceed 32 feet in height except City projects or projects developed pursuant to a development agreement adopted pursuant to Santa Monica Municipal Code Chapter 9.48. However, development projects located entirely within the BSC1 Zoning District shall not be subject to these interim standards provided that the development project is less than the height and floor area of the existing building. (d) 100% Affordable Housing Projects. Notwithstanding subsection (b) and (c) of this Section, affordable housing projects with 50 uni ts or less will continue to be processed ministerially if a minimum of twenty-five percent (25%) of the housing units are deed-restricted or restricted by an agreement approved by the City for occupancy

17

by households with income of sixty percent (60%) of Area Median Income or less and the remainder of the housing units are deed-restricted or restricted by an ag reement approved by the City for occupancy by households with incomes of eighty percent (80%) of median income or less. Such affordable housing projects may also include non-residential uses, as long as such uses do not exceed a maximum percentage of 33% of the total floor area. Notwithstanding Section 7, affordable housing projects with 50 uni ts or less which are being developed pursuant to a settlement agreement with the City or which received their Administrative Approval prior to January 8, 2013 shall continue to be processed in accordance with Ordinance Number 2407 (CCS). (e) Shared Parking. The following administrative process is hereby established authorizing property owners and t enants to request shared parking in the Downtown Core, except for projects that are processed through a dev elopment agreement. A shared parking permit is intended to permit the owners of parking facilities to rent or lease underutilized parking that is available in their facility to nearby residents, workers or businesses while reserving sufficient parking supply needed for on-site uses. (1)

Permit Required.

A shared parking permit, approved by the Planning Director, or his/her designee, shall be required and shall be issued prior to the commencement of a shared parking use of any private parking facility that is otherwise limited to on-site users. The Planning Director, or his/her designee, may establish additional conditions to further the intent of this subsection (e) and ensure that parking spaces needed for the primary on-

18

site uses will be available during the hours needed for their use. A public hearing shall not be required for issuance of a shared parking permit. (2)

Application.

Application for a shared parking permit shall be filed in a manner consistent with the requirements contained in Municipal Code Part 9.04.20.20. (3)

Findings.

The Planning Director, or his/her designee, or Planning Commission on appeal, may approve a s hared parking permit application, in whole or in part, with or without conditions, only when all of the following findings are made in an affirmative manner: (i)

The operation of the requested shared parking permit at the location

proposed and within the time period specified will not adversely impact the primary use of the parking facility for its intended on-site users, or otherwise endanger the public health, safety, or general welfare. (ii)

The shared parking permit sets forth the maximum number of shared

parking spaces that are being approved for use by off-site users that will be available during peak and o ff-peak parking demand periods so as to ensure that a s ufficient number of spaces will be pr ovided to meet the greater parking demand of the anticipated users. (iii)

Additional requirements, restrictions or agreements, as deemed necessary

by the Planning Director, or his/her designee, are included as a requirement(s) of the shared parking permit to ensure that parking spaces needed for the primary on-site uses will be available during the hours needed for their use.

19

The Planning Director, or his/her designee shall prepare a w ritten decision which shall contain the findings of fact upon which such decision is based and all required conditions, if approved. The decision shall be mailed to the applicant and to property owners and residents of parcels adjacent to the parcel for which the Shared Parking Permit is requested. C opies of the decision shall also be provided to the Planning Commission. (4)

Term of Permit.

A shared parking permit shall be valid for a one-year period from the date of issuance unless a different period is set by the Planning Director, or his/her designee, or the Planning Commission on ap peal, as a condition of granting the shared parking permit. The permit shall renew automatically for additional one-year periods unless the permit is modified or revoked in accordance with subsection (6) of this Section. (5)

Monitoring.

The permit holder shall grant City staff access to the parking facility for the purpose of verifying parking availability prior to issuing the permit as well as to allow random monitoring after the permit is issued. (6)

Modification or Revocation.

The City may modify or revoke an approved shared parking permit in accordance with the following procedures: (i)

If the Planning Director designee receives evidence that the conditions of

the permit have not been met, or the permit granted is being or has recently been exercised contrary to the terms of the approval or in violation of a s pecific statute,

20

ordinance, law, or regulation, the Planning Director designee shall serve notice of these violations, either in person or by registered mail, on the owner of the property and on the permit holder and shall provide the permit holder with a r easonable opportunity to cure the violation(s). (ii)

If the permit holder or property owner has not responded to the notice

within 10 days or the Planning Director designee determines that the permit holder has failed to cure the violation, the Planning Director designee may refer the matter to the Zoning Administrator for a r evocation hearing. N otice of hearing shall be publ ished once in a newspaper of general circulation within the City and shall be served either in person or by registered mail on the owner of the property and on the permit holder at least ten days prior to such hearing. The notice of hearing shall contain a statement of the specific reasons for revocation. (iii)

After the hearing, a shared parking permit may be revoked by the Zoning

Administrator or by the Planning Commission on a ppeal or review if any one o f the following findings is made: (A)

That the Shared Parking Permit was obtained by misrepresentation or

(B)

That the conditions of the permit have not been met, or the permit granted

fraud

is being or has recently been ex ercised contrary to the terms of the approval or in violation of a specific statute, ordinance, law, or regulation.

21

A written determination of modification or revocation of the shared parking permit shall be mailed to the property owner and t he permit holder within ten days of such determination. (7)

Appeals.

Any person may appeal the approval, conditions of approval, denial, modification or revocation of a s hared parking permit to the Planning Commission if filed within fourteen consecutive calendar days of the date the decision is made in the manner provided in Municipal Code Part 9.04.20.24, Sections 9.04.20.24.020 through 9.04.20.24.040. (f) Floor Area Ratio Calculations in the Downtown Core. In the Downtown Core, below-grade floor area shall not be included when calculating a project's floor area ratio (FAR). H owever, such below-grade floor area shall be counted as floor area for all other purposes. (g) Floor Area Ratio Calculations in the Downtown District. In the Downtown District, as defined in the LUCE, ground floor outdoor dining in buildings on pr ivate property shall not be included when calculating a pr oject's floor area ratio (FAR) provided the dining area has no more than a 42 inch high barrier surrounding the dining area and is visible from the public right of way. However, such ground floor outdoor dining shall be counted as floor area for all other purposes. (h) Non-conforming Uses in CM District. An existing use in the CM District shall be considered no longer existing if that use is changed to another type of use or if for a period of one year such use has not been in regular operation. Regular operation shall

22

be considered being open for business to the general public during such use's customary business hours. (i) Notwithstanding the provisions of Section 9.04.08.28.070 of the Zoning Code, two restaurants per block shall be al lowed on t he east side of Main Street north of Ocean Park Boulevard and south of Pico Boulevard. (j) No removal, redevelopment or conversion of a parking structure in BSC-2 and C3-C zone districts, publically owned as of February 14, 2012, which results in the loss of parking spaces above the ground floor shall be permitted unless the final permit to commence construction for a pr oject providing the one-to-one replacement of this parking has been issued in the same zoning district and this replacement parking will be offered to the public at rates comparable to the most recent rates offered to the public for the removed parking spaces. SECTION 4. Automobile Dealerships in Residential and “A” Off-Street Parking Overlay Zones: Lots designated (“A”) Off-Street Parking Overlay District, Low Density MultipleFamily Residential District (R2), or Medium Density Multiple Family Residential District (R3) that are contiguous to and were used legally in conjunction with an aut omobile dealership in operation on August 14, 2012, which automobile dealership uses have not subsequently been abandoned (“Qualifying Lots”), may be developed as an automobile storage structure or parking structure provided these uses are operated in conjunction with an automobile dealership on the associated and adjacent commercial lot and the development is undertaken pursuant to subsections (a) through (l) of this Section. The

23

expansion of automobile dealership support areas shall be authorized if undertaken pursuant to subsection (m) of this Section: (a)

Maximum Parcel Coverage: 50% of residential parcel area.

(b)

Maximum Building Height:

(c)

(1)

R2 Zone: 23 feet, excluding four feet of the required parapet.

(2)

R3 Zone: 28 feet, excluding four feet of the required parapet.

Setbacks: (1)

A minimum 20 foot setback from the property line adjacent to a

(2)

A minimum 15 foot setback shall be provided from the property line

public street.

opposite the street facing property line. Where an alley is present, this distance may be measured from the alley centerline. (3)

Except when subsection (c)(2) of this Section applies, a minimum 8

foot setback shall be provided between any above grade structure and a pr operty line that is shared with an adj acent residential property that is not used as part of an automobile dealership. (d)

Inventory Storage on Surface Lots. A qualifying lot may be u sed for

surface inventory storage only if the following conditions are met: (1)

Any displaced required parking shall be r elocated to another off-

street location that is: (A)

Located within 750 feet of the qualifying lot, or

24

(B)

Located within 300 feet of a public transit line that connects

the off-street location with the dealership and the dealership provides free bus passes to its employees, or (C)

Serviced by a deal ership-provided shuttle between the off-

street location and the qualifying lot which has been approved by the City’s Director of Planning. (2)

The displaced parking shall be returned to the qualifying lot if the

criteria of subsection (d)(1) are no longer met. (e)

Prohibited Uses. No portion of a residentially zoned parcel may be used

for auto repair work, rental car use, automobile washing, outdoor display of vehicles, commercial signage, storage tanks, inventory storage on s urface lots (except as provided in subsection (d) of this Section), or any other use not specifically identified in this Section 4. (f)

Rooftop Parking:

R ooftop parking is permitted subject to the special

standards set forth in Section 5. (g)

Exemption from additional multi-family development standards: Except as

set forth or modified herein, the property development standards of Santa Monica Municipal Code Section 9.04.08.06.060 and Santa Monica Municipal Code Section 9.04.08.06.070 shall not apply in order to accommodate the specific structural and design requirements of parking and automobile storage structures. (h)

Approval Process:

A Conditional Use Permit (CUP) and D evelopment

Review (DR) Permit shall be required for the development of any parking structure or

25

automobile storage lot. The CUP shall be subject to the standards set forth in Section 6. The DR Permit shall be subject to Santa Monica Municipal Code Part 9.04.20.14. (i)

ARB Review: All new construction, new additions to existing buildings and

any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Chapter. (j)

Design Standards. Parking structures constructed under these provisions

shall be subject to the design standards set forth in Section 5. (k)

Use to revert to residential: Structures constructed under these provisions

on residential parcels without an “ A” Off-street Parking Overlay designation shall be permitted to remain only when operated in conjunction with an automobile dealership on the adjacent commercial lot. If the automobile dealership use is abandoned, the parking structure shall be r emoved or incorporated into a r esidential project on t he residential parcel(s) within 3 years. (l)

Housing Impact Fee: P arking structures and automobile storage lots

constructed on parcels designated as Low Density Multiple-Family Residential (R2) and Medium Density Multiple Family Residential (R3), without an “A” Off-Street Parking Overlay designation, may be s ubject to an Affordable Housing Fee established by resolution of the City Council to mitigate the impact of the loss of the potential development of affordable housing on these sites.

26

(m)

A floor area expansion of existing automobile dealerships in the

Residential and A Off-Street Parking Overlay Zones that is less than 750 square feet shall be permitted by-right provided that: 1)

The expanded floor area is utilized for an ancillary support function,

including, but not limited to, customer waiting area, offices, vehicle parts storage or vehicle parts display; 2)

The height of the expansion shall be no more than 1 story and shall

not exceed 23 feet; 3)

None of the expanded area is utilized for auto repair activities,

including but not limited to service bays, body work, oil change and lubrication, or radio, stereo, or phone installation; 4)

The square footage expansion may maintain the existing building

lines adjacent to public rights of way, subject to Architectural Review Board approval.

SECTION 5. Special Standards for Parking Structures and Automobile Storage Lots Associated with Automobile Dealerships. Parking structures and automobile storage lots associated with an automobile dealership shall comply with the following special project design standards: (a) Design Standards: (1) Except for emergency-only pedestrian exists required by the Building Officer, parking structure walls facing property lines that are adjacent to a r esidential

27

use shall be solid and decorative subject to the approval of the ARB. Openings may be permitted adjacent to a public street or commercially zoned property. (2) Non-skid or other similar surface treatment on both floors and ramps of the parking structure shall be required to prevent tire squeals. This material shall be subject to the review and appr oval of the Director of Planning and C ommunity Development. (3) Light sources shall be designed to contain direct and diffuse lighting and glare on the subject property. (4) Rooftop parking on parcels that directly abut or are separated by an alley from a residential district is only permitted if the parking structure provides a 6 foot parapet on t he side of the parking structure closest to the residential district. T his parapet shall be solid and have a surface density of 4 pounds per square foot. (5) I n order to minimize noise and ai r impacts, exhaust vents and other mechanical equipment associated with a parking structure shall be located as far from residential uses as feasible consistent with the Chapter 8 of the Santa Monica Municipal Code. (6) Floor area dedicated to employee and customer parking and vehicle storage shall not apply to refuse and recycling requirements in Santa Monica Municipal Code Section 9.04.10.02.150 and Section 9.04.10.02.151 unless otherwise required by the Director of Environmental and Public Works Management or his/her designee in order to protect the public health, safety, and general welfare.

28

(7) Parking structures developed in lots designated Parking (“A”) Overlay, Low Density Multiple-Family Residential (R2), or Medium Density Multiple Family Residential (R3) shall also comply with the following additional requirements: (A) Ingress and egress shall be from the adjacent commercial lot. The Planning Commission may approve an alternative access plan that minimizes impacts to adjacent residential uses if it determines that access from the commercial lot is precluded by existing commercial development. (B) At least 10% of the parking spaces within a structure shall be maintained and designated for employee parking only, unless the Planning Commission determines based on an employee parking demand analysis that sufficient parking is otherwise provided either on-site or at an acceptable off-site location. (C) If the structure is developed in conjunction with development on a djacent commercial lots, the project shall be designed so that building mass increases toward the commercial street and ar chitectural elements that are permitted to exceed height limits are located away from adjacent residential uses to the greatest extent feasible. (D) Notwithstanding Santa Monica Municipal Code Section 9.04.10.02.170, a four foot unexcavated area shall be provided along the entire length of a p roperty line shared by an automobile dealership and an adjacent residentially zoned property. Fifty percent of the required yard area adjacent to a public street shall remain unexcavated. (E) Notwithstanding Santa Monica Municipal Code Section 9.04.10.02.170, a landscaped buffer of minimum five-foot width shall be required along the property line adjacent to a residential use. The buffer shall include a hedge to be maintained up to

29

12 feet in height where adjacent to a residential side yard and 42 inches in height where adjacent to a residential front yard. The Planning Commission may reduce or waive any part of this requirement if such reduction or waiver is consistent with the public health, safety, and general welfare. (F) At least fifty percent of the required yard area set forth in subsection (c)(1) of Section 4 adjacent to a public street shall be landscaped pursuant to the provisions of Santa Monica Municipal Code Part 9.04.10.04. Fifty percent of the unexcavated area within this required yard shall be landscaped.

SECTION 6. Performance Standards Permit and Conditional Use Permit Requirements: Automobile dealerships, automobile storage lots, and parking structures subject to a performance standards permit or a conditional use permit shall comply with the following standards: (a)

Parking and V ehicle Storage. On-site employee and c ustomer parking

shall be provided at no charge. Employee and inventory parking may be provided as tandem and shall not be s ubject to Santa Monica Municipal Code Part 9.04.20.26. Except as otherwise provided in this Section, parking shall comply with Santa Monica Municipal Code Part 9.04.10.08. Areas designated for employee and customer parking shall not be us ed for vehicle storage or display. Non-skid or other treatment shall be applied to the surface of the parking structure utilized by vehicles to avoid tire squeals.

30

(b)

Landscaping. Screening of outdoor display and non-display areas shall

comply with the provisions of Santa Monica Municipal Code Part 9.04.10.04.

A

minimum two-foot landscape and decorative curb strip, where feasible, shall be provided along the street frontage perimeter of all outdoor vehicle display areas. Landscape materials shall be designed to provide an opaque visual buffer at least twelve inches in height.

Applicable setback requirements shall be ex panded as

necessary to require a m inimum five-foot landscaped area adjacent to any abutting residential property not used as part of the dealership operation. Final design treatment shall be subject to review and approval by the Architectural Review Board. All surface parking areas not used for vehicle display shall be subject to the parking lot screening requirements of Santa Monica Municipal Code Part 9.04.10.04. (c)

Lighting.

All lighting shall comply with Santa Monica Municipal Code

Sections 9.04.10.02.270 and 9.04.10.02.280. (d)

Loading and Unloading of Vehicles. Loading and unloading of vehicles is

permitted only in accordance with this subsection. The dealership operator shall be responsible and liable for any activities of a common carrier, operator, or other person controlling such loading or unloading activities to the extent any such activities violate the provisions of this subsection (d). (1)

Loading and unl oading of vehicles is limited to the hours of eight

a.m. to five p.m. Monday through Saturday. Loadi ng and unloading of vehicles is prohibited on Sunday and legal holidays.

31

(2)

Vehicle off-loading shall not be permitted in the public right of way

or residential area and shall occur on site or off-site. The applicant shall prepare and submit to the Transportation Management Division for approval a pl an that complies with all requirements of this subsection (d) to be included in a form prepared by Transportation Management Division. (e)

Storage of Vehicles. No automobile dealership owner, operator, or

employee, for any period of time on any public street or alley, shall park or store vehicles for sale, to be repaired, that have been repaired, or that are part of an automobile rental operation associated with the dealership. (f)

Repair of Vehicles. The repair and service facility portion of an automobile

dealership shall comply with the provisions of Santa Monica Municipal Code Section 9.04.14.050. (g)

Queuing of Vehicles. An adequate on-site queuing area for service

customers shall be provided. On-site driveways may be used for queuing but may not interfere with access to required parking spaces. Required parking spaces may not double as queuing spaces. (h)

Test Driving. Test driving shall not be done on residential streets or alleys.

For the purposes of this subsection, streets which are designated by the City as major collector streets shall be p ermissible areas for test driving. Each dealership operator shall have an affirmative obligation to inform all its personnel of this requirement and to ensure compliance with it. The applicant shall prepare and submit to the Transportation Management Division for approval a plan that complies with all requirements of this

32

subsection (h) to be included in a f orm prepared by Transportation Management Division. Existing dealerships shall submit plans to the Transportation Management Division for approval that satisfy the requirements of this subsection if such plans are not already on file. (i)

Control of Alley Traffic. Notwithstanding the prohibition of alley use for test

driving, each dealership operator shall present to the Transportation Management Division, at the same time of the filing of an application for a permit for a new dealership or substantial remodeling, plans for slowing traffic flow in alleys adjacent to their uses, with the objective of minimizing dangers to pedestrians and neighboring vehicle operations, and of minimizing noise and other environmental incursions into the neighborhood. Such plans shall be designed to limit the maximum speed to fifteen miles per hour and may include measures such as speed bumps or dips, one-way traffic patterns, increased signage, parking and loading prohibitions and similar measures. (j)

Circulation. The location of entries and exits from automobile dealerships,

automobile centers, and automobile storage lots shall be l ocated as far away from adjacent residential properties as is reasonably feasible and s hall be di rected to commercial streets and away from residential areas by means of signage and design. The interior circulation system between levels shall be internal to the building and shall not require use of public ways or of externally visible or uncovered ramps, driveways or parking areas. No arrangement shall be permitted which requires vehicles to back into an alley or other public way. C ompliance with this subsection (j) shall be subject to review by the Transportation Management Division. 33

(k)

Noise Control. (1)

There shall be no outdoor loudspeakers. Interior loudspeakers shall

produce no more than forty-five dba at a boundary abutting or adjacent to a residential parcel, under normal operating conditions (e.g., with windows open if they are likely to be opened). (2)

All noise generating equipment exposed to the exterior shall be

muffled with sound absorbing materials to minimize noise impacts on adjacent properties and shall not be operated before eight a.m. or after six p.m. if reasonably likely to cause annoyance to abutting or adjacent residences and shall at all times be in compliance with the City’s Noise Ordinance. (3)

Rooftop storage areas shall be screened with landscaping and/or

noise absorbing materials to minimize noise impacts on adjacent properties. (l)

Toxic Storage and Disposal. (1)

Gasoline storage tanks shall be constructed and maintained under

the same conditions and standards that apply for service stations. (2)

There shall be full compliance with the terms and conditions of all

applicable federal, state, and local laws relating to the storage and disposal of toxic chemicals and hazardous wastes. (m)

Air Quality. (1)

Use of brake washers shall be required in service stalls or areas

which perform service on br akes employing asbestos or other materials known to be harmful when dispersed in the air. 34

(2)

All mechanical ventilating equipment shall be di rected to top story

exhaust vents which face away from abutting or adjacent residential properties. (3)

Exhaust systems shall be eq uipped with appropriate and

reasonably available control technology to minimize or eliminate noxious pollutants which would otherwise be emitted. (n)

Hours of Operation. Unless otherwise approved by the Planning

Commission, if the dealership is within one hundred feet of a residential district, operation of the dealership shall be prohibited between the hours of ten p.m. and seven a.m. (o)

Vehicle Stacking Equipment: Vehicle-stacking equipment shall be

permitted within parking structures and on surface lots for employee parking and vehicle storage when screened with an eight-foot high solid masonry wall. The wall shall be set back from the property line at least two feet so that a landscaped buffer of up to two feet in width can be provided. Parking spaces in lifts shall not be applicable in calculating a dealership’s parking requirement. If the structure is located in an R2, R3 or A lot, the spaces provided on lifts shall not be included in the base used for calculating the required 10% provision of employee parking spaces.

I n addition, these spaces shall

not count toward fulfilling the 10% employee parking requirement. V ertical spaces above employee parking shall be us ed for employee parking; spaces above inventory shall be us ed for inventory. T he Planning Commission may reduce the wall height requirement to a minimum of six feet and may reduce or waive the landscaped setback area if such reduction or waiver is consistent with the public health, safety, and general welfare. All facilities shall comply with the City’s Noise Ordinance. 35

(p)

Accessory Automobile Rental Agency Requirements.

T he following

special standards shall apply to accessory automobile rental agencies located within automobile dealerships: (1)

No more than ten percent of the total interior floor area of the

automobile repair or automobile painting facility or a m aximum of seven hundred fifty square feet, whichever is less, shall be devoted to the accessory automobile rental agency operation; (2)

The accessory automobile rental agency shall only operate during

the hours of operation of the automobile repair or automobile painting facility; (3)

Vehicles may only be rented to customers of the automobile repair

or automobile painting facility; (4)

No exterior signage shall be permitted for the accessory automobile

rental agency; and (5)

The accessory automobile rental agency shall not be advertised or

marketed as an independent automobile rental agency. (q)

Plan Verification. A ll dealerships shall submit a l etter annually in June

affirming their continued use of their test-driving, vehicle off-loading, and al ley traffic control plans.

A ny changes to approved plans shall require approval of the

Transportation Management Division. SECTION 7. Applicability. Except for subsections (e) through (i) of Section 3 which shall be applicable to existing and f uture development, this Ordinance shall apply to any

36

development project which has not received its discretionary planning entitlements (e.g., development review permit, variance, architectural review permit, conditional use permit) or has not filed any requested extension to these planning entitlements as of March 11, 2011 unless the development project has otherwise obtained a vested right to proceed.

Discretionary project applications that were filed prior to the effective date

of Ordinance Number 2345 ( CCS) and which are subject to its provisions and any extension thereto shall automatically be c onverted to a dev elopment agreement with fees already paid to be applied towards the development agreement deposit. SECTION 8.

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 9. 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. T he 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 10. This Ordinance shall be o f no further force or effect after February 28, 2014, unless prior to that date, after a public hearing, noticed pursuant to

37

Santa Monica Municipal Code Section 9.04.20.22.050, the City Council, by majority vote, extends this interim ordinance. SECTION 11. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days after its adoption.

APPROVED AS TO FORM:

_________________________ MARSHA JONES MOUTRIE City Attorney

38

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 7-E To:

Mayor and City Council

From:

Marsha Jones Moutrie, City Attorney

Subject:

Ordinance Amending Santa Monica Municipal Code Chapter 9.56, the City's Affordable Housing Production Program ("AHPP") Including Revising Affordable Housing Categories, Income-Eligibility Limits, Rent Limits, And Expanding AHPP Income Categories

Recommended Action Staff recommends that the City Council adopt the attached ordinance. Executive Summary At its meeting on June 11, 2013, the City Council introduced for first reading an ordinance amending Santa Monica Municipal Code Chapter 9.56, the City's Affordable Housing Production Program including revising affordable housing categories, incomeeligibility limits, rent limits and expanding AHPP income categories. T he ordinance is now presented to the City Council for adoption.

Prepared by:

Marsha Jones Moutrie, City Attorney

Approved:

Forwarded to Council:

Marsha Jones Moutrie City Attorney

Rod Gould City Manager

1

F:\MuniLaw\Share\Laws\MJM\AffordHsgProdProgramAHPPOrd0625132d City Council Meeting: 6-25-13 Santa Monica, California ORDINANCE NUMBER _________ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 9.56, THE CITY’S AFFORDABLE HOUSING PRODUCTION PROGRAM INCLUDING REVISING AFFORDABLE HOUSING CATEGORIES, INCOME-ELIGIBILITY LIMITS, RENT LIMITS, AND EXPANDING AHPP INCOME CATEGORIES WHEREAS, the City Council desires to amend Chapter 9.56 of the Santa Monica Municipal Code relating to the City's Affordable Housing Production Program ("AHPP"); and WHEREAS, the proposed amendments to the AHPP are intended to achieve greater affordability and maintain Santa Monica’s economic diversity; and WHEREAS, the proposed amendments to the AHPP include revising affordable housing categories, income-eligibility limits, and rent limits to be consistent with federal and state affordable housing programs; and WHEREAS, the proposed ordinance would also expand AHPP income categories to include households at the lowest end o f the income scale, and make technical updates to reflect current practices; and WHEREAS, the proposed changes to the AHPP would result in increased targeting of lower income households, and lower rents; and WHEREAS, the proposed amendments to the AHPP are consistent with Proposition R; and

1

WHEREAS, if adopted, the proposed amendments to the AHPP would only apply to future multi-family housing developments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: Santa Monica Municipal Code Chapter 9.56 is hereby amended to read as follows: Chapter 9.56 AFFORDABLE HOUSING PRODUCTION PROGRAM 9.56.010 Findings and purpose. The City’s affordable housing production program requires developers of market rate multi-family developments to contribute to affordable housing production and t hereby help the City meet its affordable housing need. As detailed in the findings supporting the ordinance codified in this Chapter, the requirements of this Chapter are based on a number of factors including, but not limited to, the City’s longstanding commitment to economic diversity; the serious need for affordable housing as reflected in local, state, and federal housing regulations and policies; the demand for affordable housing created by market rate development; the depletion of potential affordable housing sites by market-rate development; and the impact that the lack of affordable housing production has on the health, safety, and welfare of the City’s residents including its impacts on traffic, transit and related air

2

quality impacts, and the demands placed on the regional transportation infrastructure. 9.56.020 Definitions. The following words or phrases as used in this Chapter shall have the following meanings: 30% Income Household means a household whose gross income does not exceed the 30% income limits applicable to the Los AngelesLong Beach Primary Metropolitan Statistical Area, adjusted for household size, as published and periodically updated by HUD. 50% Income Household means a household whose gross income does not exceed 50% of the area median income, adjusted for household size, as published and periodically updated by HUD. 50%

income

households include 30% income households. 80% Income Household means a household whose gross income does not exceed 80% of the area median income, adjusted for household size, as published and periodically updated by HUD. 80%

income

households include 50% income households. Adjusted for Household Size means 70% adjustment for a household of one person, 80% adjustment for a household of two persons, 90% adjustment for a household of three persons, 100% adjustment for a household of four persons, 108% adjustment for a household of five persons, 116% adjustment for a household of six persons, 124% adjustment for a ho usehold of seven persons, 132% adjustment a

3

household size of eight persons. F or households of more than eight persons, adjustments shall be m ade in accordance with applicable HUD regulations. Adjusted for Household Size Appropriate for the Unit means for a household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and five persons in the case of a four-bedroom unit. Affordable Housing Fee means a fee paid to the City by a multifamily project applicant pursuant to Section 9.56.070 of this Chapter to assist the City in the production of housing affordable to 30% income households, 50% income households, 80% income households, and moderate- income households. Affordable Housing Unit means a housing unit developed by a multi-family project applicant pursuant to Section 9.56.050 or 9.56.060 of this Chapter which will be af fordable to 30% income households, 50% income households, 80% income households, or moderate- income households. Affordable Housing Unit Development Cost means the City’s average cost to develop a uni t of housing affordable to 30% income households, 50% income households, 80% income households or moderate income households.

4

Affordable Ownership Housing Cost.

Affordable ownership

housing cost means: For moderate income households whose gross incomes exceed the maximum income limits for 80% income households, affordable housing cost shall not be l ess than 28 p ercent of the gross income of the household, nor exceed the product of 35 percent times 110 percent of the area median income adjusted for household size appropriate for the unit. Affordable Rent. Affordable rent means: (a) For 30% income households, the product of 30 percent times 30 percent of the area median income adjusted for household size appropriate for the unit. (b) For 50% income households, the product of 30 percent times 50 percent of the area median income adjusted for household size appropriate for the unit. (c) For 80% income households whose gross incomes exceed the maximum incomes for 50% income households, the product of 30 percent times 60 percent of the area median income adjusted for household size appropriate for the unit. (d) For moderate income households, the product of 30 percent times 110 percent of the area median income adjusted for household size appropriate for the unit.

5

Area Median Income or AMI. Area median income or AMI means the median family income published from time to time by HUD for the Los Angeles-Long Beach Metropolitan Statistical Area. Dwelling Unit. One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with full cooking, sleeping and b athroom facilities for the exclusive use of a single household. Dwelling unit shall also include single-room occupancy units as defined in Santa Monica Municipal Code Section 9.04.02.030.790 or any successor thereto. Floor Area. Floor area as defined in Santa Monica Municipal Code Section 9.04.02.030.315 or any successor thereto. Gross Income. Gross income has the same meaning as provided in title 25, section 6914 of the California Code of Regulations, as amended from time to time, in accordance with law. HCD. The California Department of Housing and Community Development or its successor. Housing Cost. Housing cost has the same meaning as provided in title 25, section 6920 of the California Code of Regulations, as amended from time to time in accordance with law. HUD. The United States Department of Housing and Urban Development or its successor.

6

Income Eligibility. Income eligibility is based upon the gross income of the household, including the income of all wage earners, elderly or disabled family members, and all other sources of household income. Industrial/Commercial District. Any district designated in the Santa Monica Zoning Ordinance as a commercial or industrial district. Market Rate Unit. A dwelling unit as to which the rental rate or sales price is not restricted by this Chapter. Moderate Income Household means a h ousehold whose gross income exceeds the maximum income for a 80% income household and whose gross income does not exceed the lesser of: (i) 120% of the area median income, adjusted for household size, as published and periodically updated by HCD or (ii) twice the income limit for 50% income households, adjusted for household size, as published and periodically updated by HUD. Multi-family Project. A multi-family residential development, including but not limited to apartments, condominiums, townhouses or the multi-family residential component of a m ixed use project, for which City permits and approvals are sought. Multi-family Project Applicant. Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which seeks City development permits or approvals to develop a multi-family project.

7

Multi-family Residential District. Any district designated in the Santa Monica Zoning Ordinance as a multi-family residential district. Parcel. Parcel as defined in Santa Monica Municipal Code Section 9.04.02.030.570 or any successor thereto. Rent. Rent has the same meaning as provided in title 25, section 6918 of the California Code of Regulations, as amended from time to time in accordance with law. Vacant Parcel. A parcel in a multi-family residential district that has no residential structure located on it as of August 20, 1998 or which had a residential structure located on it on that date which was subsequently demolished pursuant to a demolition order of the City. No demolition of structures shall be permitted except in accordance with Santa Monica Municipal Code Section 9.04.10.16 et seq or any successor thereto. 9.56.030 Applicability of chapter. (a) The obligations established by this Chapter shall apply to each multi-family project involving the construction of two or more multifamily units, which project has not received its ministerial or discretionary planning approvals including, without limitation: variances, conditional use permits, administrative approvals, development review permits, and development agreement ordinances which have not yet become effective (collectively, "Approvals") on the effective date of this ordinance. No building permit shall be issued for any multi-family project unless such construction has been approved in accordance with the standards and

8

procedures provided for by this Chapter. Notwithstanding the above, a multi-family rental housing project that will be dev eloped by a no nprofit housing provider receiving financial assistance through one of the City’s housing trust fund programs shall not be subject to the requirements of this Chapter so long as the project is an affordable housing project meeting the requirements of Santa Monica Municipal Code Section 9.04.02.030.025 or any successor thereto and the project’s affordability obligations will be s ecured by a r egulatory agreement, memorandum of agreement, or recorded covenant with the City for a minimum period of fifty-five years. (b)

Multi-family projects which have received Approvals prior to

the effective date of this ordinance [date] shall be s ubject to the provisions of Santa Monica Municipal Code Section 9.56.010 et seq., as they existed on the date of their approvals, except that pricing requirements for affordable housing units shall be publ ished by the City on an annual basis instead of adoption by resolution of the City Council. (c)

A designated landmark building or contributing structure to

an adopted Historic District that is retained and preserved on-site as part of a multi-family project shall not be considered or included in assessing any of the requirements under this Chapter. 9.56.040 Affordable housing obligation. All

multi-family

project

applicants

shall

requirements of this Chapter in the following manner:

9

comply

with

the

(a)

Multi-family project applicants for multi-family ownership

projects of four or more units in multi-family residential districts shall choose one of the two following options: (1)

Providing affordable housing units on-site in accordance with

Section 9.56.050; (2)

Providing affordable housing units off-site in accordance with

Section 9.56.060. (b)

In addition to the options established in subsections (a)(1)

and (2), all other multi-family project applicants may also choose one of the following options: (1)

Paying an affordable housing fee in accordance with Section

9.56.070; (2)

Acquiring land for affordable housing in accordance with

Section 9.56.080. A multi-family project application will not be determined complete until the applicant has submitted a written proposal which demonstrates the manner in which the requirements of this Chapter will be met. 9.56.050 On-site option. The following requirements must be met to satisfy the on-site provisions of this Chapter: (a)

For ownership projects of at least four units but not more

than fifteen units in multi-family residential districts, the multi-family project applicant agrees to construct at least: (1) twenty percent of the total units

10

as ownership units for moderate-income households, or as an alternative; (2) twenty percent of the total units as rental units for 80% income households if these rental units are provided by the applicant in accordance with Civil Code Sections 1954.52(b) and 1 954.53(a)(2); (3) ten percent of the total units as rental units for 50% income households if these rental units are provided by the applicant in accordance with Civil Code Sections 1954.52(b) and 1954.53(a)(2); or (4) five percent of the total units as rental units for 30% income households if these rental units are provided by the applicant in accordance with Civil Code Sections 1954.52(b) and 1954.53(a)(2). (b)

For ownership projects of sixteen units or more in multi-

family residential districts, the multi-family project applicant agrees to construct at least: (1) twenty-five percent of the total units as ownership units for moderate-income households, or as an alternative; (2) twenty-five percent of the total units as rental units for 80% income households if these rental units are provided by the applicant in accordance with Civil Code Sections 1954.52(b) and 1954.53(a)(2); fifteen percent of the total units as rental units for 50% income households if these rental units are provided by the applicant in accordance with Civil Code Sections 1954.52(b) and 1954.53(a)(2); or (4) ten percent of the total units as rental units for 30% income households if these rental units are provided by the applicant in accordance with Civil Code Sections 1954.52(b) and 1954.53(a)(2).

11

(c)

For all other multi-family applicants, the multi-family project

applicant agrees to construct at least: (1) five percent of the total units of the project for 30% income households; (2) ten percent of the total units of the project for 50% income households; (3) twenty percent of the total units of the project for 80% income households; or (4) one hundr ed percent of the total units of a project for moderate income households in an Industrial/Commercial District. (d)

Any fractional affordable housing unit that results from the

formulas of this Section that is 0.75 or more shall be treated as a whole affordable housing unit (i.e., any resulting fraction shall be rounded up to the next larger integer) and t hat unit shall also be b uilt pursuant to the provisions of this Section. Any fractional affordable housing unit that is less than 0.75 can be satisfied by the payment of an affordable housing fee for that fractional unit only pursuant to Section 9.56.070(a)(4) or by constructing all the mandatory on-site affordable units with three or more bedrooms. The City shall make available a list of income levels for 30% income households, 50% income households, 80% income households, and moderate income households, adjusted for household size, the corresponding maximum affordable rents adjusted by household size appropriate for the unit, and t he minimum number of units required for 30% income households, 50% income households, or 80% income households required for typical sizes of multi-family projects, which list shall be updated periodically.

12

(e)

The multi-family project applicant may reduce either the size

or interior amenities of the affordable housing units as long as there are not significant identifiable differences between affordable housing units and market rate units visible from the exterior of the dwelling units; provided, that all dwelling units conform to the requirements of the applicable Building and H ousing Codes. However, each affordable housing unit provided shall have at least two bedrooms unless: (1) the proposed project comprises at least ninety-five percent one bedroom units, excluding the manager’s unit, in which case the affordable housing units may be one bedroom; (2) the proposed project comprises at least ninety-five percent zero bedroom units, excluding the manager’s unit, in which case the affordable housing units may be z ero bedroom units; (3) the proposed project comprises zero and one bedroom units, excluding the manager’s unit, in which case the affordable housing units must be at least one bedroom units; or (4) the multi-family project applicant has elected not to pay the affordable housing fee pursuant to Section 9.56.070(a)(4), in which case the affordable housing units must be at least three bedroom units. The design of the affordable housing units shall be reasonably consistent with the market rate units in the project. An affordable housing unit shall have a m inimum total floor area, depending upon the number of bedrooms provided, no less than the following: 0 bedrooms

500 square feet

1 bedroom

600 square feet

13

2 bedrooms

850 square feet

3 bedrooms

1,080 square feet

4 bedrooms

1,200 square feet

Affordable housing units in multi-family projects of one hundred units or more must be evenly disbursed throughout the multi-family project to prevent undue concentrations of affordable housing units. (f)

All affordable housing units in a m ulti-family project or a

phase of a multi-family project shall be constructed concurrently with the construction of market rate units in the multi-family project or phase of that project. (g)

On-site affordable housing units must be rental units in rental

projects. In ownership projects, these affordable housing units may be either rental units or ownership units. (h)

Each multi-family project applicant, or his or her successor,

shall submit an annual report to the City identifying which units are affordable units, the monthly rent (or total housing cost if an ownership unit), vacancy information for each affordable unit for the prior year, verification of income of the household occupying each affordable unit throughout the prior year, and such other information as may be required by City staff. (i)

A multi-family project applicant in a residential district who

meets the requirements of this Section shall be ent itled to the density bonuses and incentives provided by Sections 9.04.10.14.040 or any

14

successor thereto and 9.04.10.14.050 or any successor thereto and the waiver/modification of development standards provided by Section 9.04.10.14.060 or any successor thereto. A multi-family project applicant in a c ommercial or industrial district shall be entitled to the development bonuses and incentives provided in the Land Use and Circulation Element and implementing ordinances. (j)

All residential developments providing affordable housing

on-site pursuant to the provisions of this Section shall receive priority building

department

plan

check

processing

by

which

housing

developments shall have plan check review in advance of other pending developments to the extent authorized by law. (k)

The City Council may by resolution establish compliance

monitoring fees which reflect the reasonable regulatory cost to the City of ensuring compliance with this Section when affordable housing units are being initially rented or sold, when the required annual reports are submitted to the City, and when the units are being re-sold or re-leased. 9.56.060 Off-site option. The following requirements must be met to satisfy the off-site option of this Chapter: (a)

The multi-family project applicant for ownership projects of

four or more units in multi-family residential districts shall agree to construct twenty-five percent more affordable housing units than number of affordable housing units required by Section 9.56.050(a) and (b).

15

(b)

For all other multi-family project applicants, the applicant

shall agree to construct the same number of affordable housing units as specified in Section 9.56.050(c). (c)

The multi-family project applicant shall identify an alternate

site suitable for residential housing which the project applicant either owns or has site control over (e.g., purchase agreement, option to purchase, lease) subject to City review to ensure that the proposed development is consistent with the City’s housing objectives and projects. (d)

The off-site units shall be located within a one-quarter mile

radius of the market rate units. (e)

The

off-site

units

shall

satisfy

the

requirements

of

subsections (d) through (j) of Section 9.56.050. (f)

The off-site units shall not count towards the satisfaction of

any affordable housing obligation that development of the alternative site with market rate units would otherwise be subject to pursuant to this Chapter. (g)

Exceptions to the location of the off-site units specified in this

Section may be granted by the Planning Commission on a case-by-case basis upon a showing by the multi-family project applicant, based upon substantial evidence, that the location of off-site units in a location different from that specified in this Section better accomplishes the goals of this Chapter, including maximizing affordable housing production and dispersing affordable housing throughout the City.

16

(h)The City Council may by resolution establish compliance monitoring fees which reflect the reasonable regulatory cost to the City of ensuring compliance with this Section when affordable housing units are initially being rented or sold, when the required annual reports are submitted to the City, and when the units are being re-sold or re-leased. 9.56.070 Affordable housing fee. A multi-family project applicant eligible to meet the affordable housing obligations established by this Chapter by paying an a ffordable housing fee shall pay the fee in accordance with the following requirements: (a)

An affordable housing fee may be pai d in accordance with

the following formulas: (1)

Affordable housing unit base fee x floor area of multi-family

project; (2)

Multi-family projects with fractional affordable housing units

of less than 0.75 based on the formula established in Section 9.56.050: City’s affordable housing

x

fractional percentage

unit development cost (b)

For purposes of this Section, the affordable housing unit

base fee shall be established by resolution of the City Council. Commencing on July 1, 2006 and on July 1st of each fiscal year thereafter, the affordable housing unit base fee shall be adjusted based on changes in construction costs and land costs. No later than July 1, 2015,

17

and approximately every five-year period thereafter, the City will conduct a comprehensive study of these fees and the results of the comprehensive study shall be reported to the City Council. The amount of the affordable housing fee that the multi-family project applicant must pay shall be based on the affordable housing unit base fee resolution in effect at the time that the affordable housing fee is paid to the City. (c)

For purposes of this Section, the City’s affordable housing

unit development cost shall be established by resolution of the City Council. Commencing on July 1, 2007 and on July 1st of each fiscal year thereafter, the City’s affordable housing unit development cost shall be adjusted based on changes in construction costs and land costs. No later than July 1, 2015, and approximately every five-year period thereafter, the City will conduct a comprehensive study of these fees and the results of the comprehensive study shall be reported to the City Council. The affordable housing fee that the multi-family project applicant must pay shall be based on the affordable housing unit development cost resolution in effect at the time of payment to the City. (d)

The amount of the affordable housing unit base fee may vary

by product type (apartment or condominium) and shall reflect, among other factors, the relationship between new market rate multi-family development and the need for affordable housing.

18

(e)

The affordable housing fee shall be paid in full to the City

prior to the City granting any approval for the occupancy of the project, but no earlier than the time of building permit issuance. (f)

The City shall deposit any payment made pursuant to this

Section in a reserve account separate from the General Fund to be used only for development of affordable housing, administrative costs related to the production of this housing, and monitoring and ev aluation of this affordable housing production program. Any monies collected and interest accrued pursuant to this Chapter shall be committed within five years after the payment of such fees or the approval of the multi-family project, whichever occurs later. Funds that have not been appropriated within this five-year period shall be refunded on a pro rata share to those multi-family project applicants who have paid fees during the period. Expenditures and commitments of funds shall be reported to the City Council annually as part of the City budget process. (g)

An affordable housing fee payment pursuant to this Section

shall not be considered provision of affordable housing units for purposes of determining whether the multi-family project qualifies for a density bonus pursuant to Government Code Section 65915. 9.56.080 Land acquisition. A multi-family project applicant may meet the affordable housing obligations established by this Chapter by making an irrevocable offer: (a) dedicating land to the City or a non -profit housing provider; (b) selling of

19

land to the City or a non-profit housing provider at below market value; or (c) optioning of land on behalf of the City or a non-profit housing provider. Each of these options must be for a value at least equivalent to the affordable housing obligation otherwise required pursuant to this Section. The multi-family project applicant must identify the land at the time that the development application is filed with the City. Any land offered pursuant to this Section must be located within one-quarter mile radius of the market rate units unless the multi-family project applicant demonstrates that locating the land outside of this radius better accomplishes the goals of this Chapter, including maximizing affordable housing production and dispersing affordable housing throughout the City. The City may approve, conditionally approve or reject such offers subject to administrative guidelines to be prepared by the City Manager or designee. If the City rejects such offer, the multi-family project applicant shall be r equired to meet the affordable housing obligation by other means set forth in this Chapter. 9.56.090 Fee waivers. The Condominium and Cooperative Tax described in Section 6.76.010 of the Santa Monica Municipal Code or any successor thereto and the Park and Recreation Facilities Tax established in Chapter 6.80 of Article 6 o f the Santa Monica Municipal Code or any successor thereto shall be w aived for required affordable housing units and for 30%, 50%, 80% and moderate-income dwelling units developed by the City or its

20

designee using affordable housing fees. However, any multi-family project applicant who elects to pay an affordable housing fee shall not be eligible for any fee waiver under this Section. 9.56.100 Pricing requirements for affordable housing units. The City shall publish, on an a nnual basis, the 30%, 50%, 80%, and moderate income household levels, and affordable rents for affordable housing units, adjusted for household size appropriate for the unit. 9.56.110 Eligibility requirements. (a)

Only 30%, 50%, 80% and moderate- income households

shall be eligible to occupy or own and occupy affordable housing units. The City shall develop a l ist of income-qualified households. Multi-family project applicants shall be r equired to select households from the Citydeveloped list of income-qualified households, except applicants of ownership projects of four or more units in the City’s multi-family residential zones may themselves select income-qualified households which shall be subject to eligibility certification by the City. (b)

The following individuals, by virtue of their position or

relationship, are ineligible to occupy an affordable housing unit: (1)

All employees and officials of the City of Santa Monica or its

agencies, authorities, or commissions who have, by the authority of their position, policy-making authority or influence over the implementation of

21

this Chapter and t he immediate relatives and e mployees of such City employees and officials; (2)

The immediate relatives of the applicant or owner, including

spouse, children, parents, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, sister-in-law, and brother-in-law. 9.56.120 Relation to units required by Rent Control Board. 30%, 50%, 80% and moderate- income dwelling units developed as part of a market rate project, pursuant to replacement requirements of the Santa Monica Rent Control Board, shall count towards the satisfaction of this Chapter if they otherwise meet applicable requirements for this Chapter including, but not limited to, the income eligibility requirements, deed restriction requirements, and pricing requirements. New inclusionary units required by the Rent Control Board which meet the standards of this Chapter shall count towards the satisfaction of this Chapter. 9.56.130 Deed restrictions. Prior to issuance of a building permit for a pr oject meeting the requirements of this Chapter by providing affordable units on-site or offsite, the multi-family project applicant shall submit deed restrictions or other legal instruments setting forth the obligation of the applicant under this Chapter for City review and appr oval. Such restrictions shall be effective for at least fifty-five years. In addition to the administrative guidelines specifically required by other provisions of this Chapter, the City

22

Manager or designee shall be the designated authority to enter into recorded agreements with multi-family project applicants. 9.56.140 Enforcement. No building permit or occupancy permit shall be issued, nor any development approval granted, for a project which is not exempt and does not meet the requirement of this Chapter. All affordable housing units shall be rented or owned in accordance with this Chapter. 9.56.150 Annual report. The City Manager or designee, shall submit a r eport to the City Council on an annual basis which shall contain information concerning the implementation of this Chapter. This report shall also detail the projects that have received planning approval during the previous year and t he manner in which the provisions of this Chapter were satisfied. This report shall further assess whether the provisions of Proposition R have been met and whether changes to this Chapter or its implementation procedures are warranted. In the event the provisions of Proposition R have not been met, the City Council shall take such action as is necessary to ensure that the provisions will be m et in the future. This action may include, but not be limited to, amending the provisions of this Chapter or its implementation. 9.56.160 Principles and guidelines. The City Manager or designee, shall develop guidelines to implement this chapter, which guidelines shall be s ubject to approval of

23

the City Council. The guidelines shall include, but not be limited to, the methodology for the establishment and p eriodic adjustment of the base fee and the affordable housing unit development cost; for-sale affordable unit requirements, tenant and purchaser eligibility procedures; and additional requirements for exercise of the off-site option and land acquisition option. 9.56.170 Adjustments or waivers. (a)

A multi-family project applicant may request that the

requirements of this Chapter be adjusted or waived based on a showing that applying the requirements of this Chapter would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property. (b)

To receive an adj ustment or waiver, the applicant must

submit an application to the City Manager or designee, at the time the applicant files a multi-family project application. The applicant shall bear the burden of presenting substantial evidence to support the request and set forth in detail the factual and legal basis for the claim, including all supporting technical documentation. (c)

In making a determination on an appl ication to adjust or

waive the requirements of this Chapter, the City Manager or designee, or City Council on ap peal, may assume each of the following when applicable:

24

(1)

The

applicant

is

subject

to

the

affordable

housing

requirement of this Chapter; (2)

The applicant will benefit from the inclusionary incentives set

forth in this Chapter and the City’s Municipal Code; (3)

The applicant will be obligated to provide the most

economical affordable housing units feasible in terms of construction, design, location and tenure. (d)

The City Manager or designee shall render a written decision

within ninety days after a complete application is filed. The City Manager’s or designee's decision may be appealed to the City Council if such appeal is filed within fourteen consecutive calendar days from the date that the decision is made in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.050 of this Code or any successor thereto. (e)

If the City Manager or designee, or City Council on appeal,

upon legal advice provided by or at the behest of the City Attorney, determines that applying the requirements of this Chapter would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property, the affordable housing requirements shall be adjusted or waived to reduce the obligations under this Chapter to the extent necessary to avoid an unconstitutional result. If an adjustment or waiver is granted, any change in the use within the project shall invalidate the adjustment or waiver. If the City Manager or

25

designee, or City Council on appeal, determines that no violation of the United States or California Constitutions would occur through application of this Chapter, the requirements of this Chapter remain fully applicable.

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. T he City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM: _________________________ MARSHA JONES MOUTRIE City Attorney

26

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 7-F To:

Mayor and City Council

From:

David Martin, Director of Planning and Community Development

Subject:

Crossroads Agreement

School for Arts

& Sciences Proposed

Development

Recommended Action Staff recommends the City Council Introduce for first reading the attached ordinance adopting Development Agreement 12DEV013 with Crossroads School to construct a new three-story science learning center and temporary modular classrooms at 1731 20th Street. Executive Summary Crossroads School for Arts & Sciences proposes to construct a new three-story, twelveclassroom science learning center at 1731 20th Street in the LMSD Light Manufacturing Studio District. The site currently contains two buildings with five classrooms that would be removed as part of the project resulting in seven net new classrooms. The proposed project also includes the installation of three temporary modular classrooms during the construction of the new science learning center. With the adoption of the Interim Zoning Ordinance (IZO) in March 2011, the project is required to be reviewed through a Development Agreement process. The site is located in the Industrial Conservation land use designation of the Land Use and Circulation Element (LUCE) of the General Plan. Project compliance is limited to the LUCE while other aspects of the project such as height, floor area ratio, parking, and other standard zoning requirements will be es tablished by the Development Agreement. As proposed, the project is considered a Tier 2 project that is designed to meet all Zoning Code development standards except the maximum floor area ratio (FAR) requirement of 1.5 with a proposed 1.77 FAR. The applicant is also proposing to provide a total of 235 parking spaces for the Crossroads campus, instead of the 236 spaces required by Code. The community benefits that have been negotiated as part of the Development Agreement include the following: 1

• • • • •

An undeveloped area 10 feet in width along the southern property line of the subject site reserved for the future development and public use of the Michigan Avenue Greenway bike path An enhanced Transportation Demand Management (TDM) plan Photovoltaic panels and photovoltaic-ready roof Pico Neighborhood outreach and prioritization for Summer Program enrollment and financial aid LEED® Gold equivalency

The City is the owner of a 772 square feet remnant parcel within the project site, and Crossroads must acquire that parcel before the project may be c ommenced. Accordingly, the Agreement's conditions of approval provide that no building, grading, demolition, or excavation permit may be approved for the project until Crossroads has obtained fee ownership of all of the project property, including the remnant parcel. As discussed further in this report, staff will return to Council expeditiously with a separate request to authorize the City Manager to negotiate and execute the concurrent sale of the remnant parcel to Crossroads and City acquisition of an additional easement for the Michigan Avenue bike path on the adjacent property to the east also owned by Crossroads. The following issues should be considered by the City Council in its review of the proposed project: • Whether the proposed design and site plan are appropriate and compatible with the neighborhood and the subject site. • Whether the proposed plan and proposed community benefits are consistent with the objective, goals, general land uses, and programs specified in the general plan. Background The subject property is located on t he east side of 20th Street between Olympic Boulevard and t he Santa Monica Freeway at the southern end of the Crossroads School campus in the LMSD (Light Manufacturing and Studio District). The Crossroad School campus is comprised of a variety of single and multi-story buildings bounded by 20th Street to the west, Olympic Boulevard to the north, 21st Street to the east, and the freeway to the south. Twentieth Court alley intersects the campus between the north and south ends. Within the Crossroads campus a three-story arts building and one and two-story classroom buildings are located across the alley to the east, and a two-story classroom building is located adjacent to the north of the project site. A two-story auto 2

repair building and a w estbound onramp to the Santa Monica Freeway are located across the 20th Street to the west, and multi-family residential buildings are located across the freeway to the south.

th

Project site – 1730 20 Street

On March 11, 2011, the IZO established interim development procedures pending implementation of the LUCE and required that all Tier 2 a nd 3 projects be developed pursuant to a Development Agreement. At 41 feet in height and a 1.77 FAR, the subject project is considered a Tier 2 project as it exceeds the 32 foot height and 1.5 FAR limits of a Tier 1 project in the Industrial Conservation land use element district. The subject Development Agreement application was subsequently filed on October 18, 2012 by the applicant for the proposed project.

3

On February 12, 2013, the City Council reviewed guidelines regarding the processing of Development Agreements and the prioritization of DA applications. The Council identified certain types of projects that merit priority processing, and t hese included projects involving educational facilities. Given this priority designation and t he limited nature and scope of the proposed project, Commission and Council float-up hearings were not conducted, and the project is before the Council for formal review. Community Meeting and Public Input On November 26, 2012, approximately 30 m embers of the public attended an i nitial community meeting at Virginia Avenue Park to learn about and provide feedback on the proposed project. City staff explained the Development Agreement process to the participants and how the project is in the initial phases of conceptual review. After a detailed project presentation by the applicant, the majority of the meeting was spent allowing members of the community to provide their initial thoughts on the project. Most of the attendees were supportive of the proposed project with several members of the public proposing programs for the school to incorporate more local students and opportunities for children not enrolled in the school to utilize the new facilities. Development Agreement Overview A Development Agreement is a c ontract between the City and a n applicant that authorizes the type and amount of development that may occur within a specific period of time. Development Agreements typically provide applicants with guaranteed development rights in exchange for public benefits. A Development Agreement must comply with the General Plan but can establish different development standards than provided by zoning regulations.

4

Discussion Project Description The proposed three-story, 41-foot high science building would contain approximately 23,856 square feet of classroom and support space. The first floor would contain five classrooms and a prep room. The second floor would contain three classrooms, a fume hood room, a prep room, and restrooms. The third floor would contain four classrooms and a prep room, and the roof level would contain mechanical equipment and a small accessible, green roof. The rooms would serve as active and passive classroom and lab spaces for a variety of scientific disciplines. A two-story special projects pavilion would be connected to the north side of the main science building via open w alkways. The special projects pavilion will house interdisciplinary special project rooms on the ground and second floors and an outdoor gathering space open to the sky on the third level. The proposed building would be set back ten feet from the southern property line as a ten-foot wide utility easement containing utility poles exists along the length of the south side of the property.

5

Proposed Special Projects Pavilion

Proposed Science Building

th

20 Street

Existing Utility Easement

10’

th

1731 20 Street – proposed site plan

The proposed project also includes the installation of three temporary modular classrooms, at the north end of the school campus adjacent to 20th Street and Olympic Boulevard (see Sheet A2.1 of the project plans), during the construction of the new science learning center. The modular classrooms would not be installed until a demolition permit has been issued for the existing buildings on site and would be removed within six months of the completion of the new science building. The originally proposed project design for the DA submittal was of an industrial style building that utilized an extensive system of glass curtain walls throughout its prominent street elevations. This curtain wall system created a one-dimensional design that lacked architectural details, design elements, and visibility into the building. 6

th

Initial design rendering as viewed from 20 Street

Staff worked with the applicant to modify the design of the proposed building. A revised design was submitted by the applicant that incorporated additional materials and architectural elements including expansive corrugated metal panels, horizontal and vertical window bands, projecting photovoltaic panel walls on the south elevation, and concrete walls. The special projects pavilion was proposed to be constructed of rammed earth and copper panels.

7

th

Revised design rendering as viewed from 20 Street

On February 4, 2013, the Architectural Review Board preliminarily reviewed the revised project design at the request of the applicant and provided initial design comments. The Board in general responded favorably to the building design but remarked that additional improvements could be made. In particular, the Board believed that the new building provided an opportunity to focus out towards the community as opposed to representing a school boundary and a bui lding that focused inwards to the campus. It commented that the expansive use of corrugated metal panels and photovoltaic surfaces on the south elevation created a disjunctive façade that did not represent a pedestrian scale and could use more transparency. In addition, while the glass curtain wall along 20th Street provided visibility into the building, it lacked unique architectural details and design elements. The Board believed the building could be v iewed as a gateway location along 20th Street and the freeway and should be designed to make a more visual impact that still balanced an appropriate design scale given its context.

8

The applicant submitted a revised design (below) that seeked to address the Board’s comments.

th

Current design rendering as viewed from 20 Street

The overall building design is more appropriate given the surrounding context of educational, light industrial, and residential buildings. Both the 20th Street and freeway elevations incorporate a more unique glazing pattern that utilize metal panel shadow boxes and ph otovoltaic panels to add visual interest and variety. The photovoltaic panels are thin glass panels that provide a unique design feature along both elevations while the shadow boxes will interplay with changing light conditions and further enhance the exterior of the building. The additional glazing provides visibility into the building, and the additional concrete along the south elevation provides a contrast in material to the laminated glass stair enclosure at the east end of the building. The north side of the building exhibits the exterior activity with its walkways and d ecks that lead to the classroom entrances, and the two-story special projects pavilion provides a contrast in shape and design to the main science building to reflect its unique use. Staff would 9

continue to work with the applicant to further improve the design of the building prior to formal review of the project by the Architectural Review Board.

th

Current design rendering as viewed from 20 Court alley

Proposed Development Agreement As proposed, the project is considered a Tier 2 project, and pursuant to the IZO all Tier 2 and 3 projects are required to be reviewed through a Development Agreement process. The proposed project meets all current development standards for the LMSD zoning district except the maximum floor area ratio (FAR) requirement of 1.5 with a proposed 1.77 FAR. The applicant is also proposing to provide 235 parking spaces instead of the 236 spaces required by Code. The additional classrooms are intended for the existing school population and will not increase student enrollment. City staff began the Development Agreement negotiation process with the applicant, and after receiving recommendations from the Planning Commission, worked to reach agreement on the provisions of the proposed DA, included as Attachment C.

10

Community Benefits The applicant and City staff have agreed on the following community benefits: Use of Existing Ten-Foot Wide Easement for Future Bike Path The principal negotiated community benefit is the exclusive use of the existing ten-foot wide utility easement along the southern boundary of the subject property for the use of a public bike path.

10’

10-foot wide undeveloped area on the subject site for future development of the Michigan Avenue Neighborhood Greenway bike path

The applicant’s grant of an easement of this portion of their property to the City represents a significant contribution towards realizing the vision of the Michigan Avenue Neighborhood Greenway identified in the City’s recently adopted Bike Action Plan. The Michigan Avenue Neighborhood Greenway project is a 3. 5-mile east-west corridor 11

generally running along Michigan Avenue with a beach connection on its west end and various separated bike path or shared use path connections on its east end. The ten feet wide area of the parcel represents a c ritical connection to establish the bike path linkage. The negotiation to help establish this linkage represents a c ooperative effort by the applicant to contribute towards the overall width of the bike path along this portion of the property. The initial project design included two exit doors on the ground floor of the building into the ten-foot easement area. This would have reduced the usable width of the easement for the bike path in order to accommodate the opening of the exit doors and paved walkways. Staff has worked with the applicant to facilitate the redesign of the interior ground floor circulation and eliminate the need for the exit doors along the south elevation, resulting in the availability of the entire ten-foot width for the bike path. The remaining width of the bike path, ideally 16 feet overall, and bike path configuration would require separate discussions and negotiations between the City and Caltrans, the owner of the land to the south of the subject property. Relocation of existing utilities along the easement would require coordination with other agencies and companies.

12

Subject Area

Michigan Avenue Neighborhood Greenway: 20-year Corridor Build Out

A key connection within the series of bike paths is the need for a two-way path along the north side of the freeway to close a gap in the proposed bike path between 20th Street and 21st Street. While the subject DA includes the proposed community benefit of the ten feet in width along the southern property line of the subject property for the future development and public use of the bike path, the continuation of the path on the adjacent property to the east, also owned by Crossroads School, is integral to complete the connection from 20th Street to 21st Street. As stated above, the acquisition by Crossroads of a City-owned remnant parcel within the project site is a condition precedent to the issuance of building and other technical permits for the project. Crossroads and City staff have been negotiating proposed terms for the disposition of the subject remnant parcel at 1731-1733 20th Street, and those terms will be pr esented to Council in a separate staff report on a future agenda. That staff report will also propose terms for the City's acquisition of an interest in the adjacent 13

property to the east to ensure that land area is available for a bike path that would complete the link between 20th Street and 21st Street. 21ST STREET

th

st

Proposed Michigan Avenue Neighborhood Greenway bike path between 20 Street and 21 Street

Transportation Demand Management (TDM) Plan The applicant proposes the following TDM Plan be implemented and maintained as summarized below: •

Employee Transportation Coordinator: A designated Coordinator who will continue to manage all aspects of the TDM Plan.

•

Performance Targets and Monitoring: The school will prepare and file Employee Trip Reduction Plans for its sites (or a multi-site plan) that meets or exceeds the requirements of SMMC Section 9.16.

•

AVR Requirements: An employee Average Vehicle Ridership (AVR) goal of 1.6 for AM and PM peak periods, increasing to 1.75 upon opening of the Olympic Boulevard/26th Street and Colorado Avenue/17th Street Exposition light rail stations.

•

Charge for Parking: Employees that drive to work in single-occupancy vehicles will be charged for parking on campus.

•

Financial Incentives for Alternative Means of Transportation: Employees who walk, bike, carpool, take public transportation, or otherwise arrive at school through means other than single-occupancy vehicles will receive financial incentives.

14

•

Transportation Information Center: On-site information for employees and students about local public transit services, bicycle facilities, and walking and biking maps.

•

Transit Subsidy In Lieu of Parking: All newly-hired employees who do no t purchase monthly automobile parking will be offered a free public transit pass. Employees who utilize public transit for commuting to and from school will be reimbursed at least 50% for the cost of purchasing a public transit pass.

•

Guaranteed Return Trip: Van pool, car pool, transit reliant employees will be provided a r eturn trip when a per sonal emergency situation or unplanned business-related activity requires it.

•

Programs Aimed at Upper and Middle School Students and Parents:  A transportation coordinator.  Annual “Safe Routes To School” bicycle and pedestrian training programs for students and parents.  “Bike to School” day/week celebrations and other events.  Transit and walking/biking information in registration packets.  Promotion of carpooling, biking, walking, and t ransit via newsletters and parent meetings.  Transit/biking option on any flyers, advertisements, etc. where parking information is provided.  Bus service and r ideshare information in school bulletins and special announcements for each of the outreach groups.  On-line and/or personalized matching services to encourage and support carpooling to events, school, and services.  Personalized trip planning assistance for students during registration process and as requested.  Data collection about how middle and upper school students travel to and from school.

•

Student Parking: School will charge students who drive to school in a singleoccupancy vehicle.

•

Bicycle Parking: A minimum of 50 bicycle parking spaces for employees, students, and visitors and will increase bicycle parking on an as-needed basis.

•

Carpool Parking: Free or reduced-rate preferential parking for employees who commute to work in employer registered carpools.

•

Transportation Management Association (TMA): Participation in the formation of a geographic-based TMA that may be defined by the City.

15

Photovoltaic Panels Photovoltaic panels would be utilized along the building elevations, and a portion of the roof of the science building will be designed and constructed to accommodate potential future installation of photovoltaic panels. Pico Neighborhood Outreach and Prioritization for Summer Program Crossroads School would perform annual targeted community outreach for school-aged children and their parents residing within the Pico neighborhood for Summer Program enrollment and financial aid. LEED® Requirement The project would incorporate sustainable design features with the goal of attaining the number of points commensurate with achieving LEED® credits equivalent to a Gold certification under the LEED® Rating System. If the project does not achieve the number of points commensurate with achieving a LEED® Gold certification, the project would be required to obtain LEED® Silver Certification. Planning Commission Action On May 1, 2013, the Planning Commission recommended that the City Council approve the Development Agreement with specific project recommendations for the City Council’s consideration: •

Strengthen the TDM Plan to include the requirements of the school’s existing Employee Trip Reduction Program and more proactive incentives to encourage employee and student use of alternative transportation. The applicant has added features to the TDM Plan including incentives and programs to encourage utilization of alternative transportation and avoidance of single-occupancy vehicle trips including charging for on-site parking and providing subsidies for public transit passes. The applicant will also collect data on the travel patterns of middle and upper school students for consideration of future TDM measures. 16

•

Provide racks for 100 bicycles initially, increasing to 150 spaces upon opening of the Exposition Light Rail. The applicant has proposed to increase the number of bicycle parking spaces as necessary to meet peak bicycle parking demand.

•

Prevent Crossroads employees and students from parking on surrounding residential streets. The applicant has added a requirement that notifies Crossroads students, parents, and employees to not park in surrounding residential areas.

•

Provide annual outreach and prioritization to the Pico Neighborhood for enrollment and financial aid. The applicant will perform annual targeted community outreach for schoolaged children and their parents residing within the Pico Neighborhood for Summer Program enrollment and financial aid.

•

Require LEED® Gold equivalency or LEED® Silver Certification. The project will incorporate sustainable design features with the goal of attaining the number of points commensurate with achieving LEED® credits equivalent to a Gold certification under the LEED® Rating System.

•

Provide a solar-ready roof. A portion of the roof of the science building will be designed and constructed to accommodate potential future installation of photovoltaic panels.

•

The Council and ARB should pay particular attention to how the building design affects energy efficiency and the project’s ability to achieve its LEED® requirement, how science can be expressed to the public through the project’s design, how the south façade relates to the bike path, and ensuring that the 20th Street façade appears like the front of the building.

General Plan Consistency 1731 20th Street is located in the Industrial Conservation land use element designation. The LUCE vision for the Industrial Conservation district conserves the City’s small light industrial, and service and commercial uses that have traditionally populated the industrial zone and allows the continued use of private schools and other nonprofit and community uses.

17

The proposed Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan, in that consistent with LUCE Policy D27.4 of the Industrial Conservation District, the proposed project continues and expands an existing school by adding seven net new classrooms. Consistent with Policy D27.10 the project utilizes a variety of heights, forms, and materials to create visual interest and avoids uniformly flat roofs or cornices in order to create an interesting skyline. The implementation of a Transportation Demand Management (TDM) plan in order to reduce vehicle trips in the area and reduce associated parking demand is consistent with LUCE Circulation Policy T19.2 which calls for the imposition of appropriate TDM requirements for new development. Furthermore, the project is consistent with LUCE overall land use policies by incorporating community benefits including, but not limited to, an undeveloped area ten (10) feet in width along the southern property line of the subject site reserved for the future development of the Michigan Avenue Greenway bike path and a TDM plan that promotes shared parking, bicycle facilities, and transit subsidies. Alternatives In addition to the recommended action, the City Council could consider the following with respect to the project: 1. Continue discussion for analysis of additional options with agreement from the applicant. 2. Not enter into the Development Agreement which allows the building to be completed as authorized by its Administrative Approval without the provision of the negotiated community benefits.

Environmental Analysis The proposed three-story, 12-classroom, building is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Section 15314 which exempts minor additions to existing schools within existing school grounds where the addition 18

does not increase school capacity by more than 25% or ten classrooms, whichever is less. S pecifically, the proposed project will not result in increased school enrollment and will only increase capacity by seven overall classrooms. Therefore, based on t he above, the proposed project is exempt from CEQA pursuant to Section 15314. Financial Impacts & Budget Actions Staff costs for the Development Agreement process are paid from application fees. There is a wide range of public benefits that the developer will be r equired to provide pursuant to the Development Agreement negotiations. There is no immediate financial impact or budget action necessary as a result of the recommended action. Prepared by: Tony Kim, Senior Planner

Approved:

Forwarded to Council:

David Martin, Director Planning and Community Development

Rod Gould City Manager

Attachments: A. Draft Ordinance Adopting Development Agreement 12DEV013 B. Development Agreement Finding C. Proposed Development Agreement D. Public Notification E. Project Plans and Renderings – Electronic version of attachment is not available for review. Document is available for review at the City Clerk’s office and the Libraries.

19

City Council Meeting: 6-25-13

Santa Monica, California

ORDINANCE NUMBER __________ (CCS)

(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, AND THE CROSSROADS SCHOOL FOR ARTS AND SCIENCES, A CALIFORNIA NONPROFIT CORPORATION

WHEREAS, The Crossroads School for Arts & Sciences ("School") proposes to construct a n ew three-story, 41-foot high, twelve-classroom science learning center at 1731 20th Street, located in the Industrial Conservation land use element designation, that will contain approximately 23,856 square feet of classroom and support space; and

WHEREAS, the approval of the proposed three-story, 12-classroom, building is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Section 15314, which exempts minor additions to existing schools within existing school grounds where the addition does not increase school capacity by more than 25% or ten classrooms, whichever is less; and

WHEREAS, the development agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan, as described

1

below, and as detailed in the accompanying City Council staff report prepared for this proposed project and the exhibits thereto, including but not limited to: (a) LUCE Policy D27.4, the proposed project continues and expands an existing school. (b) LUCE Policy D27.10, the project utilizes a v ariety of heights, forms, and materials to create visual interest and avoids uniformly flat roofs or cornices in order to create an interesting skyline. (c) LUCE Circulation Policy T19.2, which calls for the imposition of appropriate TDM requirements for new development, the project requires implementation of a Transportation Demand Management (TDM) plan in order to reduce vehicle trips in the area and reduce associated parking demand. WHEREAS, the project is consistent with LUCE land use policies because it incorporates community benefits including, but not limited to, a bike path easement reserved for the future development of the Michigan Avenue Greenway bike path in furtherance of the City's Bike Action Plan; photovoltaic panels and a photovoltaic panelready roof; and, a Pico Neighborhood Outreach Summer Program.

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

SECTION 1. The Development Agreement attached hereto as Exhibit 1 and incorporated herein by reference by and between the City of Santa Monica, a municipal

2

corporation, and The Crossroads School for Arts & Sciences, a California nonprofit corporation, is hereby approved.

SECTION 2. Each and every term and condition of the Development Agreement approved in Section 1 of this Ordinance shall be and is made a part of the Santa Monica Municipal Code and any appendices thereto. The City Council of the City of Santa Monica finds that public necessity, public convenience, and general welfare require that any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Development Agreement, to the extent of such inconsistencies and no further, be repealed or modified to that extent necessary to make fully effective the provisions of this Development Agreement.

SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 4. 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. T he City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause,

3

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 be effective 30 days from its adoption.

APPROVED AS TO FORM: ______________________________ MARSHA JONES MOUTRIE City Attorney

4

EXHIBIT “A-1” LEGAL DESCRIPTION OF 1731-1733 TWENTIETH STREET

LOT 30 IN BLOCK 20 OF THE ERKENBRECHER SYNDICATE SANTA MONICA TRACT, EXCEPT THEREFROM THE SOUTHWESTERLY 10.00 FEET THEREOF, AS PER MAP RECORDED IN BOOK 6, PAGES 26 AND 27 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THOSE PORTIONS OF LOTS 32 AND 34 IN BLOCK 20 OF THE ERKENBRECHER SYNDICATE SANTA MONICA TRACT, IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 6, PAGES 26 AND 27 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER, BOUNDED SOUTHERLY BY THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 32, DISTANT THEREON SOUTHEASTERLY 6.42 FEET FROM THE MOST WESTERLY CORNER OF SAID LOT 32; THENCE EASTERLY IN A DIRECT LINE TO A POINT IN THE NORTHEASTERLY LINE OF LOT 34, DISTANT THEREON SOUTHEASTERLY 29.79 FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT 34. EXCEPT THEREFROM PARCEL 2 AS DELINEATED AND SHADED ON MAP RECORDED FEBRUARY 6, 1967 IN STATE HIGHWAY MAP BOOK NO. 5, PAGE 29 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND AS RELINQUISHED TO THE CITY OF SANTA MONICA BY DOCUMENT RECORDED JUNE 29, 1967 AS INSTRUMENT O. 2604. ALSO EXCEPT THE SOUTHWESTERLY 10 FEET OF LOT 32, WITHIN 20TH STREET. ALSO EXCEPTING THEREFROM ALL OIL, MINERALS, NATURAL GAS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, THAT MAY BE WITHIN OR UNDER THE HEREIN CONVEYED PARCEL OF LAND, AND THE RIGHTS THERETO, TOGETHER WITH CERTAIN OTHER CONDITIONS, AS EXCEPTED AND RESERVED IN DEEDS TO THE STATE OF CALIFORNIA, RECORDED MARCH 29, 1962 IN BOOK D1560, PAGE 443 AND MARCH 15, 1952 IN BOOK D-1544, PAGE 894, BOTH OF OFFICIAL RECORDS OF SAID OFFICE.

Crossroads DA Exhibits.06.10.13 Page 1

EXHIBIT “A-2” LEGAL DESCRIPTION OF REMNANT PARCEL A PORTION OF PARCEL 2 AS DELINEATED AND SHADED ON MAP RECORDED FEBRUARY 6, 1967 IN STATE HIGHWAY MAP BOOK NO. 5, PAGE 29 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND AS RELINQUISHED TO THE CITY OF SANTA MONICA BY DOCUMENT RECORDED JUNE 29, 1967 AS INSTRUMENT O. 2604.

Crossroads DA Exhibits.06.10.13 Page 1

EXHIBIT “B” PROJECT PLANS

Crossroads DA Exhibits.06.10.13 Page 2

EXHIBIT “C” PERMITTED FEES AND EXACTIONS

1.

School shall pay the following fees and charges that are within the City’s jurisdiction and at the rate in effect at the time payments are made: (a)

Upon submittal for Architectural Review Board (ARB) review, School shall pay City fees for processing of ARB applications;

(b)

Upon submittal for plan check, School shall pay City plan check fees;

(c)

Prior to issuance of construction permits, School shall pay the following City fees and all other standard fees imposed on similar development projects:

(d)

•

Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Building & Safety)

•

Shoring Tieback fee (collected by EPWM), if applicable

•

Construction and Demolition (C&D) Waste Management fee (SMMC Section 7.60.020) (collected by EPWM) (collected by EPWM)

•

Wastewater Capital Facilities Fee (SMMC Section 7.04.460) (collected by EPWM)

•

Water Capital Facilities Fee & Water Meter Instillation fee (Water Meter Permit fee) (SMMC Section 7.12.090) (collected by EPWM)

•

Fireline Meter fee (SMMC Section 7.12.090) (collected by EPWM)

•

Cultural Arts Fee (SMMC Section 9.04.10.20). Unless School elects to satisfy the Private Development Cultural Arts Requirement through onsite art or cultural facilities, School shall execute a contract to pay the fee prior to issuance of a building permit. School shall pay the fee prior to the issuance of a final certificate of occupancy for the Project. Upon inspection of the Project during the course of construction, City inspection fees.

These fees shall be reimbursed to School in accordance with the City's standard practice should School not proceed with development of the Project.

Crossroads DA Exhibits.06.10.13 Page 3

2.

3.

Prior to issuance of permits for any construction work in the public right-of-way, or use of public property, School shall pay the following City fees: •

Use of Public Property Permit fees (SMMC 7.04.670) (EPWM)

•

Utility Excavation Permit fee (SMMC 7.04.010) (EPWM)

•

Street Permit fee (SMMC 7.04.790) (EPWM)

School shall reimburse the City for its ongoing actual costs to monitor the project’s compliance with this Development Agreement. The City shall bill School for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. School shall submit payment to the City within 30 days.

Crossroads DA Exhibits.06.10.13 Page 4

EXHIBIT “D” CONDITIONS OF APPROVAL Project Specific Conditions 1.

The project shall provide the Significant Project Features and LUCE Community Benefits as established in Section 2.6 of this Agreement.

2.

Notwithstanding anything to the contrary in the Agreement, no building permit, grading permit, or excavation permit may be approved until the School has demonstrated to the satisfaction of the City Attorney's Office that School has obtained fee ownership and possession of all of the Property, including the Remnant Parcel as defined below, which is required for development of the Project. City is the fee owner of approximately 772 square feet of land located within the boundaries of the Property, as more particularly described in Exhibit "A-2" (the "Remnant Parcel"). School acknowledges, understands, and agrees that, notwithstanding anything to the contrary herein, nothing in this Agreement shall be deemed by School as an express or implied promise, warranty, or guaranty, that City will sell, transfer, convey or exchange the Remnant Parcel to School, it being acknowledged, understood and agreed by School that School undertakes the sole risk of obtaining fee ownership and possession of all of the Property, including the Remnant Parcel.

3.

Prior to the issuance of a building permit, the School shall execute a Bike Path Easement Agreement with the City consistent with the requirements of Development Agreement Section 2.6.2(b).

4.

The temporary modular classroom facilities shall not be installed until a demolition permit has been issued for the existing buildings at 1731-1733 20th Street and shall be removed within six months from completion and Certificate of Occupancy for the new science building. The temporary modular classrooms shall also be removed within three month of any of the following events occurring (a) expiration of the demolition permit and School has not applied for a building permit, (b) School’s failure to continue to process the building permit application, as reasonably determined by the Building Official, and (c) expiration of the building permit prior to issuance of Certificate of Occupancy for the new science building. The temporary facilities shall comply with modular buildings site plan shown in Exhibit “J”.

5.

The Architectural Review Board shall pay particular attention to the following design aspects of the project:

Crossroads DA Exhibits.06.10.13 Page 5

•

How the design impacts the energy efficiency of the building and the Project’s ability to achieve the LEED® Requirement.

•

How science can be expressed to the public through the Project’s design.

•

How the southern façade relates to the anticipated future Bike Path, including appropriate materials and/or landscaping to assist with protecting the southern façade from graffiti and vandalism.

•

Ensure that the 20th Street façade enhances the pedestrian environment along 20th Street.

CITY PLANNING Administrative Conditions 6.

In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied.

Conformance with Approved Plans 7.

This approval is for those plans dated June 25, 2013, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval.

8.

Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to review as provided in the Development Agreement. Construction shall be in conformance with the plans submitted or as modified in accordance with the Development Agreement.

9.

Except as otherwise provided by the Development Agreement, project plans shall be subject to complete Code Compliance review when the building plans are submitted for plan check and shall comply with all applicable provisions of Article IX of the Municipal Code and all other pertinent ordinances and General Plan policies of the City of Santa Monica prior to building permit issuance.

10.

These Conditions of Approval do not supersede any conditions that were imposed on School as part of prior City land use approvals, except that upon completion of the science building the parking requirement for School’s upper and middle school campus shall be governed by Section 2.7 of the Development Agreement.

Crossroads DA Exhibits.06.10.13 Page 6

Fees 11.

No building permit shall be issued for the project until the School complies with the requirements of Part 9.04.10.20 of the Santa Monica Municipal Code, Private Developer Cultural Arts Requirement. If the School elects to comply with these requirements by providing on-site public art work or cultural facilities, no final City approval shall be granted until such time as the Director of the Community and Cultural Services Department issues a notice of compliance in accordance with Part 9.04.10.20.

Cultural Resources 12.

If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning to determine the significance of the survey findings and appropriate actions and requirements, if any, to address such findings.

Project Operations 13.

Pursuant to SMMC Section 4.12.030(a), activities conducted on the Project Site (i.e. 1731-1733 Twentieth Street), including, but not limited to, school athletic and school entertainment events, are exempt from noise restrictions, provided such activities are conducted by the School and are not inconsistent with comparable operations at other public or private schools. To the extent any nonschool activities occur on the Project Site, such non-school operations shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions.

14.

The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12).

Final Design 15.

Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board.

16.

Landscaping plans shall comply with Subchapter 9.04.10.04 (Landscaping Standards) of the Zoning Ordinance including use of water-conserving

Crossroads DA Exhibits.06.10.13 Page 7

landscaping materials, landscape maintenance and other standards contained in the Subchapter. 17.

Refuse areas and storage areas shall be screened in accordance with SMMC Section 9.04.10.02.130 and 150. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. As shown on the Project Plans, rooftop mechanical equipment need not be screened from view but shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof.

18.

No gas or electric meters shall be located within the required front or street side yard setback areas. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters.

19.

Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements.

20.

As appropriate, the Architectural Review Board shall require the use of antigraffiti materials on surfaces likely to attract graffiti.

Construction Plan Requirements 21.

Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed indoors which may be heard outdoors.

Demolition Requirements 22.

Until such time as the demolition is undertaken, and unless the structure is currently in use, the existing structure shall be maintained and secured by boarding up all openings, erecting a security fence, and removing all debris, bushes and planting that inhibit the easy surveillance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscaping material remaining shall be watered and maintained until demolition occurs.

Crossroads DA Exhibits.06.10.13 Page 8

23.

Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to insure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood.

Construction Period 24.

Any construction related activity in the public right-of-way will be required to acquire the approvals by the City of Santa Monica, including but not limited to: Use of Public Property Permits, Sewer Permits, Excavation Permits, Alley Closure Permits, Street Closure Permits, and Temporary Traffic Control Plans.

25.

Immediately after demolition and during construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc.

26.

Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. Immediately after commencing dirt removal from the site, the general contractor shall provide the City of Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval.

27.

During demolition, excavation, and construction, this project shall comply with SCAQMD Rule 403 to minimize fugitive dust and associated particulate emission, including but not limited to the following:

28.

All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least three times daily with complete coverage, preferably at the start of the day, in the late morning, and after work is done for the day.

29.

All grading, earth moving, or excavation activities shall cease during periods of high winds (i.e., greater than 20 mph measured as instantaneous wind gusts) so as to prevent excessive amounts of dust.

30.

Soils stockpiles shall be covered.

31.

Onsite vehicle speeds shall be limited to 15 mph on the project site.

32.

Wheel washers shall be installed where vehicles enter and exit the construction site onto paved roads or wash off trucks and any equipment leaving the site each trip.

Crossroads DA Exhibits.06.10.13 Page 9

33.

An appointed construction relations officer shall act as a community liaison concerning onsite construction activity including resolution of issues related to PM10 generation.

34.

Streets shall be swept at the end of the day using SCAQMD Rule 1186 certified street sweepers or roadway washing trucks if visible soil is carried onto adjacent public paved roads (recommend water sweepers with reclaimed water).

35.

All active portions the construction site shall be sufficiently watered three times a day to prevent excessive amounts of dust.

36.

School shall prepare a notice, subject to the review by the Director of Planning and Community Development, that lists all construction mitigation requirements, permitted hours of construction, and identifies a contact person at City Hall as well as the School who will respond to complaints related to the proposed construction. The notice shall be mailed to property owners and residents of the neighborhood within 500 feet of the Project at least five (5) days prior to the start of construction.

37.

A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work.

38.

A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy.

39.

No construction-related vehicles may be parked on the street at any time or on the subject site during periods of peak parking demand. All construction-related vehicles must be parked for storage purposes at on offsite location on a private lot for the duration of demolition and construction. The offsite location shall be approved as part of the Department of Environmental and Public Works review of the construction period mitigation plan and by the Department of City Planning if a Temporary Use Permit is required.

40.

Construction period signage shall be subject to the approval of the Architectural Review Board.

Standard Conditions

Crossroads DA Exhibits.06.10.13 Page 10

41.

Except for the mechanical equipment shown on the roof on the Project Plans and solar energy systems as defined in SMMC Section 9.04.10.02.220, all mechanical equipment that extends more than twelve inches above the roof parapet shall be screened from view SMMC Section 9.04.10.02.140.

42.

Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC Section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise Officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone.

43.

The property owner shall insure any graffiti on the site is promptly removed through compliance with the City’s graffiti removal program.

Condition Monitoring 44.

The applicant authorizes reasonable City inspections of the property to ensure compliance with the conditions of approval imposed by the City in approving this project and will bear the reasonable cost of these inspections.

STRATEGIC AND TRANSPORTATION PLANNING 45.

Final auto parking, bicycle parking and loading layouts specifications shall be subject to the review and approval of the Strategic and Transportation Planning Division, but without prejudice to the continued ability to utilize existing tandem parking: http://www.smgov.net/uploadedFiles/Departments/Transportation/Trans portation_Management/ParkingStandards.pdf

46.

Where a driveway, garage, parking space or loading zone intersects with the public right-of-way at the alley or sidewalk, hazardous visual obstruction triangles shall be provided in accordance with SMMC Section 9.04.10.02.090. Please reference the following standards: http://www.smgov.net/uploadedFiles/Departments/Transportation/Tra nsportation_Management/HVO.pdf

47.

Slopes of all driveways and ramps used for ingress or egress of parking facilities shall be designed in accordance with the standards established by the Strategic and Transportation Planning Manager but shall not exceed a twenty percent slope. Please reference the following standards: http://www.smgov.net/uploadedFiles/Departments/Transportation/Transportation _Management/RampSlope.pdf

Crossroads DA Exhibits.06.10.13 Page 11

PUBLIC LANDSCAPE 48.

Street trees immediately adjacent to the project site shall be maintained, relocated or provided as required in a manner consistent with the City’s Urban Forest Master Plan, per the specifications of the Public Landscape Division of the Community & Cultural Services Department and the City’s Tree Code (SMMC Chapter 7.40). No street trees shall be removed without the approval of the Public Landscape Division.

49.

Prior to the issuance of a demolition permit all street trees that are adjacent to or will be impacted by the demolition or construction access shall have tree protection zones established in accordance with the Urban Forest Master Plan. All tree protection zones shall remain in place until demolition and/or construction has been completed.

50.

Replace or plant new street trees in accordance with in accordance with Urban Forest Master Plan and in consultation with city arborist.

OFFICE OF SUSTAINABILITY AND THE ENVIRONMENT 51.

School shall enroll the property in the Savings By Design incentive program where available through Southern California Edison prior to submittal of plans for Architectural Review. School shall execute an incentive agreement with Southern California Edison prior to the issuance of a building permit.

52.

The project shall comply with requirements in section 8.106 of the Santa Monica Municipal code, which adopts by reference the California Green Building Standards Code and which adds local amendments to that Code. In addition, the project shall meet the landscape water conservation and construction and demolition waste diversion requirements specified in Section 8.108 of the Santa Monica Municipal Code.

RENT CONTROL 53.

Pursuant to SMMC Section 4.24.030, prior to receipt of the final permit necessary to demolish, convert, or otherwise remove a controlled rental unit(s) from the housing market, the owner of the property shall first secure a removal permit under Section 1803(t), an exemption determination, an approval of a vested rights claim from the Rent Control board, or have withdrawn the controlled rental unit(s) pursuant to the provisions of the Ellis Act.

PUBLIC WORKS

Crossroads DA Exhibits.06.10.13 Page 12

General Conditions 60.

School shall be responsible for the payment of the following Public Works Department (PWD) permit fees prior to issuance of a building permit: a.

Water Services

b.

Wastewater Capital Facility

c.

Water Demand Mitigation

d.

Fire Service Connection

e.

Tieback Encroachment, if applicable

f.

Encroachment of on-site improvements into public right-of-way, if applicable

g.

Construction and Demolition Waste Management – If the valuation of a project is at least $50,000 or if the total square feet of the project is equal to or greater than 1000 square feet, then the owner or contractor is required to complete and submit a Waste Management Plan. All demolition projects are required to submit a Waste Management Plan. A performance deposit is collected for all Waste Management Plans equal to 3% of the project value, not to exceed $30,000. All demolition only permits require a $1,000 deposit or $1.00 per square foot, whichever is the greater of the two.

Some of these fees shall be reimbursed to School in accordance with the City’s standard practice should School not proceed with development of the Project. In order to receive a refund of the Construction and Demolition performance deposit, the owner or contractor must provide receipts of recycling 70% of all materials listed on the Waste Management Plan. 61.

Any work or use of the public right-of-way including any proposed encroachments of on-site improvements into the public right-of-way will require a permit from the Public Works Department (PWD) - Administrative Services Division.

62.

Plans and specifications for all offsite improvements shall be prepared by a Registered Civil Engineer licensed in the State of California for approval by the City Engineer prior to issuance of a building permit.

63.

Immediately after demolition and during construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc.

Crossroads DA Exhibits.06.10.13 Page 13

64.

A sign shall be posted on the property in a manner consistent with the public hearing sign requirements, which shall identify the address and phone number of the owner, School and contractor for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work.

65.

Prior to the demolition of any existing structure, the applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Building & Safety Division. The report shall consist of a hazardous materials survey for the structure proposed for demolition. The report shall include a section on asbestos and in accordance with the South Coast AQMD Rule 1403, the asbestos survey shall be performed by a state Certified Asbestos Consultant (CAC). The report shall include a section on lead, which shall be performed by a state Certified Lead Inspector/Assessor. Additional hazardous materials to be considered by the industrial hygienist shall include: mercury (in thermostats, switches, fluorescent light), polychlorinated biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries.

Water Resources 66.

Connections to the sewer or storm drains require a sewer permit from the PWD Civil Engineering Division. Connections to storm drains owned by Los Angeles County require a permit from the L.A. County Department of Public Works.

67.

Structures and other facilities on the Project Site (i.e. 1731-1733 20th Street) generating wastewater with potential oil and grease content are required to pretreat the wastewater before discharging to the City storm drain or sewer system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site.

68.

If the project involves dewatering, School/contractor shall contact the LA Regional Water Quality Control Board (RWQCB) to obtain an NPDES Permit for discharge of groundwater from construction dewatering to surface water. For more information refer to: http://www.waterboards.ca.gov/losangeles/ and search for Order # R4-2003-0111.

69.

School shall not directly connect to a public storm drain pipe or direct site drainage to the public alley, except as necessary for overflow.

70.

All existing sanitary sewer “house connections” to be abandoned, shall be removed and capped at the “Y” connections.

Crossroads DA Exhibits.06.10.13 Page 14

71.

The fire services and domestic services 3-inches or greater must be above ground, on the applicant’s site, readily accessible for testing.

72.

School is required to meet state cross-connection and potable water sanitation guidelines. Refer to requirements and comply with the cross-connections guidelines available at: http://www.lapublichealth.org/eh/progs/encirp/ehcross.htm. Prior to issuance of a Certificate of Occupancy, a cross-connection inspection shall be completed.

73.

Plumbing fixtures that meet the standards for 20% water use reduction specified in the California Green Building Standards Code are required on all new development and remodeling where plumbing is to be added.

Urban Water Runoff Mitigation 74.

To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan shall be required by the PWD pursuant to Municipal Code Chapter 7.10. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact PWD to determine applicable requirements, such as: a.

The site must comply with SMMC Chapter 7.10 Urban Runoff Pollution Ordinance for the construction phase and post construction activities;

b.

Non-stormwater runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site;

c.

Any sediments or materials which are tracked off-site must be removed the same day they are tracked off-site;

d.

Excavated soil must be located on the site and soil piles should be covered and otherwise protected so that sediments are not tracked into the street or adjoining properties;

e.

No runoff from the construction site shall be allowed to leave the site; and

f.

Drainage control measures shall be required depending on the extent of grading and topography of the site.

g.

Development sites that result in land disturbance of one acre or more are required by the State Water Resources Control Board (SWRCB) to submit a Storm Water Pollution Prevention Plan (SWPPP). Effective September 2, 2011, only individuals who have been certified by the Board as a “Qualified SWPPP Developer” are qualified to develop and/or revise SWPPPs. A copy of the SWPPP shall also be submitted to the PWD.

Crossroads DA Exhibits.06.10.13 Page 15

75.

Prior to implementing any temporary construction dewatering or permanent groundwater seepage pumping, a permit is required from the City Water Resources Protection Program (WRPP). Please contact the WRPP for permit requirements at least two weeks in advance of planned dewatering or seepage pumping. They can be reached at (310) 458-8235.

Public Streets & Right-of-Way 76.

Prior to the issuance of a Certificate of Occupancy for the Project, all required offsite improvements, such as AC pavement rehabilitation, replacement of sidewalk, curbs and gutters, installation of street trees, lighting, etc. shall be designed and installed to the satisfaction of the Public Works Department and Public Landscape Division provided such offsite improvements satisfy the legal requirement for a nexus to the project.

77.

Unless otherwise approved by the PWD, all sidewalks shall be kept clear and passable during the grading and construction phase of the project.

78.

Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project or needed improvement prior to the project, as determined by the PWD shall be reconstructed to the satisfaction of the PWD. Design, materials and workmanship shall match the adjacent elements. This is especially true for areas within the City that have architectural concrete, pavers, tree wells, art elements, special landscaping, etc.

79.

Street and alley sections adjacent to the Project Site (i.e. 1731-1733 Twentieth Street) shall be replaced as determined by the PWD. This typically requires full reconstruction of the street or alley in accordance with City of Santa Monica standards for the full adjacent length of the Project Site.

Utilities 80.

Prior to the issuance of a Certificate of Occupancy for the Project, provide new street-pedestrian lighting with a multiple circuit system within the development site in compliance with the PWD Standards and requirements to the extent required. New street-pedestrian light poles, fixtures and appurtenances to meet City standards and requirements.

81.

Prior to submitting plans, make arrangements with all affected utility companies and indicate points of connection for all services on the site plan drawing. School shall comply with SMMC Section 7.04.820 to the extent it requires existing and proposed overhead utilities that provide direct customer service to the Project Site (i.e. 1731-1733 Twentieth Street) to be relocated underground; provided,

Crossroads DA Exhibits.06.10.13 Page 16

however, that this condition shall not override the City’s obligations pursuant to Section 2.6.2(b)(ii) of this Agreement. 82.

Location of Southern California Edison electrical transformer and switch equipment/structures must be clearly shown of the development site plan and other appropriate plans within the project limits. The SCE structures serving the proposed development shall not be located in the public right-of-way.

Resource Recovery and Recycling 83.

Prior to issuance of a Permit, submit a waste management plan and a recycling plan to the RRR Division for its approval. Visit the Resource Recovery and Recycling (RRR) website or contact the RRR Division for requirements of the Waste Management Plan and to obtain the minimum dimensions of the refuse recycling enclosure. The recycling plan shall include: a.

List of materials such as white paper, computer paper, metal cans, and glass to be recycled;

b.

Location of recycling bins;

c.

Designated recycling coordinator;

d.

Nature and extent of internal and external pick-up service;

e.

Pick-up schedule; and

f.

Plan to inform occupants of service.

Construction Period Mitigation 84.

A construction period mitigation plan shall be prepared by the applicant for approval by the PWD prior to issuance of a building permit. The approved mitigation plan shall be posted on the site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall: a.

Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the School and architect;

b.

Describe how demolition of any existing structures is to be accomplished;

c.

Indicate where any cranes are to be located for erection/construction;

d.

Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction;

e.

Set forth the extent and nature of any pile-driving operations;

Crossroads DA Exhibits.06.10.13 Page 17

f.

Describe the length and number of any tiebacks which must extend under the public right-of-way and other private properties;

g.

Specify the nature and extent of any dewatering and its effect on any adjacent buildings;

h.

Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location;

i.

Specify the nature and extent of any helicopter hauling;

j.

State whether any construction activity beyond normally permitted hours is proposed;

k.

Describe any proposed construction noise mitigation measures, including measures to limit the duration of idling construction trucks;

l.

Describe construction-period security measures including any fencing, lighting, and security personnel;

m.

Provide a grading and drainage plan;

n.

Provide a construction-period parking plan which shall minimize use of public streets for parking;

o.

List a designated on-site construction manager;

p.

Provide a construction materials recycling plan which seeks to maximize the reuse/recycling of construction waste;

q.

Provide a plan regarding use of recycled and low-environmental-impact materials in building construction; and

r.

Provide a construction period urban runoff control plan.

Air Quality 85.

Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site through implementation of the following measures recommended by the SCAQMD Rule 403 Handbook: •

During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to the extent necessary to prevent dust from leaving the site and to create a crust after each day’s activities cease.

•

Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. Immediately after commencing dirt removal from the site, the

Crossroads DA Exhibits.06.10.13 Page 18

general contractor shall provide the City with written certification that all trucks leaving the site are covered in accordance with this condition of approval.

86.

•

During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, streets and sidewalks within 150 feet of the site perimeter shall be swept and cleaned a minimum of twice weekly or as frequently as required by the PWD.

•

During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour.

•

Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation.

Construction equipment used on the site shall meet the following conditions in order to minimize NOx and ROC emissions: •

Diesel-powered equipment such as booster pumps or generators should be replaced by electric equipment to the extent feasible; and

•

The operation of heavy-duty construction equipment shall be limited to no more than 5 pieces of equipment at one time.

Noise Attenuation 87.

All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers.

88.

Electrical power shall be used to run air compressors and similar power tools.

89.

For all noise-generating activity on the project site associated with the installation of new facilities, additional noise attenuation techniques shall be employed to reduce noise levels to City of Santa Monica noise standards. Such techniques may include, but are not limited to, the use of sound blankets on noise generating equipment and the construction of temporary sound barriers between construction sites and nearby sensitive receptors.

Miscellaneous

Crossroads DA Exhibits.06.10.13 Page 19

90.

For temporary excavation and shoring that includes tiebacks into the public rightof-way, a Tieback Agreement, prepared by the City Attorney, will be required.

FIRE General Requirements The following comments are to be included on plans if applicable. Requirements are based on the California Fire Code (CFC), the Santa Monica Municipal Code (SMMC) and the California Building Code (CBC). California Fire Code/ Santa Monica Fire Department Requirements 91.

A fire apparatus access road shall be provided to within 150 feet of all exterior walls of the first floor of the building. The route of the fire apparatus access road shall be approved by the fire department. The 150 feet is measured by means of an unobstructed route around the exterior of the building.

92.

Apparatus access roads shall have a minimum unobstructed width of 20 feet. A minimum vertical clearance of 13 feet 6 inches shall be provided for the apparatus access roads.

93.

Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved means for turning around the apparatus.

94.

A “Knox” key storage box shall be provided for ALL new construction. For buildings, other than high-rise, a minimum of 3 complete sets of keys shall be provided. Keys shall be provided for all exterior entry doors, fire protection equipment control equipment rooms, mechanical and electrical rooms, elevator controls and equipment spaces, etc.

95.

Santa Monica Municipal Code Chapter 8 section 8.44.050 requires an approved automatic fire sprinkler system in ALL new construction and certain remodels or additions. Any building that does not have a designated occupant and use at the time fire sprinkler plans are submitted for approval, the system shall be designed and installed to deliver a minimum density of not less than that required for ordinary hazard, Group 2, with a minimum design area of not less than three thousand square feet. Plans and specifications for fire sprinkler systems shall be submitted and approved prior to system installation.

96.

The standpipe(s) shall be installed before the progress of construction is more than 35- feet above grade. Two-and-one-half-inch valve hose connections shall be provided at approved, accessible locations adjacent to useable stairs. Temporary standpipes shall be capable of delivering a minimum demand of 500

Crossroads DA Exhibits.06.10.13 Page 20

gpm at 100-psi residual pressure. Pumping equipment shall be capable of providing the required pressure and volume. 97.

Provide Multipurpose Dry Chemical type fire extinguishers with a minimum rating of 2A-10B:C. Extinguishers shall be located on every floor or level. Maximum travel distance from any point in space or building shall not exceed 75 feet. Extinguishers shall be mounted on wall or installed in cabinet no higher than 4 ft. above finished floor and plainly visible and readily accessible or signage shall be provided.

98.

Every building and/or business suite is required to post address numbers that are visible from the street and alley. Address numbers shall be a minimum of six (6) inches in height and contrast with their background. Suite or room numbers shall be a minimum of four (4) inches in height and contrast with their background. Santa Monica Municipal Code Chapter 8 Section 8.48.130 (l) (1)

99.

When more than one exit is required they shall be arranged so that it is possible to go in either direction to a separate exit, except deadends not exceeding 20 feet, and 50 feet in fully sprinklered buildings.

100.

Exit and directional signs shall be installed at every required exit doorway, intersection of corridors, exit stairways and at other such locations and intervals as necessary to clearly indicate the direction of egress. This occupancy/use requires the installation of approved floor level exit pathway marking. Exit doors shall be openable from the inside without the use of a key, special effort or knowledge.

101.

Show ALL door hardware intended for installation on Exit doors.

102.

In buildings two stories or more in height an approved floor plan providing emergency procedure information shall be posted at the entrance to each stairway, in every elevator lobby, and immediately inside all entrances to the building. The information shall be posted so that it describes the represented floor and can be easily seen upon entering the floor level or the building. Required information shall meet the minimum standards established in the Santa Monica Fire Department, Fire Prevention Division, information sheet entitled “Evacuation Floor Plan Signs.” (California Code of Regulations Title 19 Section 3.09)

103.

Stairway Identification shall be in compliance with CBC 1022.8

104.

Floor-level exit signs are required in Group A, E, I, R-1, R-2 and R-4 occupancies.

Crossroads DA Exhibits.06.10.13 Page 21

105.

In buildings two stories in height at least one elevator shall conform to the California Building Code Chapter 30 section 3003.5a for General Stretcher Requirements for medical emergency use. a.

The elevator entrance shall not be less than 42 inches wide by 72 inches high.

b.

The elevator car shall have a minimum clear distance between walls excluding return panels of not less than 80 inches by 54 inches.

c.

Medical emergency elevators shall be identified by the international symbol (star of life) for emergency elevator use. The symbol shall be not less than 3-inches in size.

106.

Storage, dispensing or use of any flammable or combustible liquids, flammable compressed gases or other hazardous materials shall comply with the Uniform Fire Code. The Santa Monica Fire Department prior to any materials being stored or used on site shall approve the storage and use of any hazardous materials. Complete and submit a “Consolidated Permit Application Package.” Copies may be obtained by calling (310) 458-8915.

107.

Alarm-initiating devices, alarm-notification devices and other fire alarm system components shall be designed and installed in accordance with the appropriate standards of Chapter 35 of the Building Code, and the National Fire Alarm Code NFPA 72. The fire alarm system shall include visual notification appliances for warning the hearing impaired. Approved visual appliances shall be installed in ALL rooms except private (individual) offices, closets, etc.

108.

An approved fire alarm system shall be installed as follows:

109.

Group A Occupancies with an occupant load of 1,000 or more shall be provided with a manual fire alarm system and an approved prerecorded message announcement using an approved voice communication system. Emergency power shall be provided for the voice communication system.

110.

Group E Occupancies having occupant loads of 50 or more shall be provided with an approved manual fire alarm system.

111.

Plans and specifications for fire alarm systems shall be submitted and approved prior to system installation

Crossroads DA Exhibits.06.10.13 Page 22

Santa Monica Fire Department - Fire Prevention Policy Number 5-1 Subject: Fire Apparatus Access Road Requirements Scope: This policy identifies the minimum standards for apparatus access roads required by California Fire Code, Section 503. Application 112.

113.

Fire apparatus access roads shall comply with the following minimum standards: a.

The minimum clear width shall be not less than 20 feet. No parking, stopping or standing of vehicles is permitted in this clear width.

b.

When fire hydrants or fire department connections to fire sprinkler systems are located on fire apparatus access roads the minimum width shall be 26 feet. This additional width shall extend for 20 feet on each side of the centerline of the fire hydrant or fire department connection.

c.

The minimum vertical clearance shall be 13 feet, 6 inches.

d.

The minimum turn radius for all access road turns shall be not less than 39 feet for the inside radius and 45 feet for the outside radius.

e.

Dead-end access roads in excess of 150 feet in length shall be provided with either a 96 feet diameter “cul-de-sac,” 60 foot “Y” or 120-foot “hammerhead” to allow the apparatus to turn.

f.

The surface shall be designed and maintained to support the imposed loads of at least 75,000-pound and shall be “all-weather.” An “all-weather” surface is asphalt, concrete or other approved driving surface capable of supporting the load.

Gates installed on fire apparatus access roads shall comply with the following: a.

The width of any gate installed on a fire apparatus access road shall be a minimum of 20 feet.

b.

Gates may be of the swinging or sliding type.

c.

Gates shall be constructed of materials that will allow for manual operation by one person.

d.

All gate components shall be maintained in an operative condition at all times and shall be repaired or replaced when defective.

e.

Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. The Fire Prevention Division shall approve emergency opening devices.

Crossroads DA Exhibits.06.10.13 Page 23

114.

f.

Manual opening gates may be locked with a padlock, as long it is accessible to be opened by means of forcible entry tools.

g.

The Fire Prevention Division shall approve locking device specification.

Fire apparatus access roads shall be marked with permanent NO PARKING – FIRE LANE CVC SECTION 22500.1. Signs shall have a minimum dimension of 12 inches wide and 18 inches high having red letters on a white reflective background. a.

115.

Fire apparatus access roads signs and placement shall comply with the following: i.

Fire Apparatus access roads 20 to 26 feet wide must be posted on both sides as a fire lane.

ii.

Fire Apparatus access roads 26 to 32 feet wide must be posted on one side as a fire lane.

Buildings or facilities exceeding 30 feet in height or more than 3 stories in height shall have at least 2 fire apparatus access roads for each structure.

Crossroads DA Exhibits.06.10.13 Page 24

116.

Fire apparatus access roads for commercial and industrial development shall comply with the following: i.

Buildings or facilities exceeding 30 feet in height or more than 3 stories in height shall have at least 2 means of fire apparatus access for each structure.

ii.

Buildings or facilities having a gross floor area of more than 62,000 square feet shall be provided with 2 fire apparatus access roads.

iii.

When two access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the property or area to be accessed measured in a straight line between access.

117.

Aerial apparatus access roads shall comply with the following: i.

Buildings or portions of buildings or facilities exceeding 30 feet in height from the lowest point of Fire Department access shall be provided shall be provided with approved apparatus access roads capable of accommodating aerial apparatus.

ii.

Apparatus access roads shall have a minimum width of 26 feet in the immediate vicinity of any building or portion of a building more than 30 feet in height.

iii.

At least one of the required access roads meeting this condition shall be located within a minimum of 15 feet and maximum of 30 feet from the building and shall be a positioned parallel to one entire side of the building.

Crossroads DA Exhibits.06.10.13 Page 25

118.

California Building Code / Santa Monica Fire Department Requirements

Occupancy Classification and Division •

If a change in occupancy or use, identify the existing and all proposed new occupancy classifications and uses

•

Assembly (A-1, A-2, A-3), Business (B), Mercantile (M), Residential (R), etc.

•

Include all accessory uses

Building Height •

Height in feet (SMMC defines a High-Rise as any structure greater then 55 feet.)

•

Number of stories

•

Detail increase in allowable height

Crossroads DA Exhibits.06.10.13 Page 26

Total Floor Area of Building or Project •

Basic Allowable Floor Area

•

Floor Area for each room or area

•

Detail allowable area increase calculations

Corridor Construction •

Type of Construction

•

Detail any and all code exceptions being used

Occupant Load Calculations •

Occupancy Classification for each room or area.

•

Occupant Load Calculation for each room or area based on use or occupancy

•

Total Proposed Occupant Load

Means of Egress •

Exit width calculations

•

Exit path of travel

•

Exit Signage and Pathway Illumination (low level exit signage)

Atria - Atria shall comply with CBC Section 404 as follows: •

Atria shall not be permitted in buildings containing Group H Occupancies.

•

The entire building shall be sprinklered.

•

A mechanically operated smoke-control system meeting the requirements of Section 909 and 909.9 shall be installed.

•

Smoke detectors shall be installed in accordance with the Fire Code.

•

Except for open exit balconies within the atrium, the atrium shall be separated from adjacent spaces by one-hour fire-resistive construction. See exceptions to Section 404.6.

Crossroads DA Exhibits.06.10.13 Page 27

•

When a required exit enters the atrium space, the travel distance from the doorway of the tenant space to an enclosed stairway, horizontal exit, exterior door or exit passageway shall not exceed 200 feet.

•

In other than jails, prisons and reformatories, sleeping rooms of Group I Occupancies shall not have required exits through the atrium.

•

Standby power shall be provided for the atrium and tenant space smokecontrol system. Sections 404.7 and 909.11.

•

The interior finish for walls and ceilings of the atrium and all unseparated tenant spaces shall be Class I. Section 404.8.

Atriums of a height greater than 20 feet, measured from the ceiling sprinklers, shall only contain furnishings and decorative materials with potential heat of combustion less than 9,000 Btu's per pound. All furnishings to comply with California Bureau of Home Furnishings, Technical Bulletin 133, “Flammability Test for Seating Furniture in Public Occupancies.”

All furnishings in public areas shall comply with California Bureau of Home Furnishings, Technical Bulletin 133, “Flammability Test for Seating Furniture in Public Occupancies.” Los Angeles County Fire 119.

Fire Flow Requirements

I. INTRODUCTION A.

Purpose: To provide Department standards for fire flow, hydrant spacing and specifications.

B.

Scope: Informational to the general public and instructional to all individuals, companies, or corporations involved in the subdivision of land, construction of buildings, or alterations and/or installation of fire protection water systems and hydrants.

C.

Author: The Deputy Chief of the Prevention Services Bureau through the Assistant Fire Chief (Fire Marshal) of the Fire Prevention Division is responsible for the origin and maintenance of this regulation.

D.

Definitions: 1.

GPM – gallons per minute

2.

psi – pounds per square inch

Crossroads DA Exhibits.06.10.13 Page 28

3.

Detached condominiums – single detached dwelling units on land owned in common

4.

Multiple family dwellings – three or more dwelling units attached

II. RESPONSIBILITY A.

Land Development Unit 1.

B.

The Department’s Land Development Unit shall review all subdivisions of land and apply fire flow and hydrant spacing requirements in accordance with this regulation and the present zoning of the subdivision or allowed land use as approved by the County’s Regional Planning Commission or city planning department.

Fire Prevention Engineering Section 1.

The Department’s Fire Prevention Engineering Section shall review building plans and apply fire flow and hydrant spacing requirements in accordance with this regulation.

III. POLICY A. The procedures, standards, and policies contained herein are provided to ensure the adequacy of, and access to, fire protection water and shall be enforced by all Department personnel. {remainder

of

Crossroads DA Exhibits.06.10.13 Page 29

page

is

blank}

IV. PROCEDURES A.

Land development: fire flow, duration of flow, and hydrant spacing

The following requirements apply to land development issues such as: tract and parcel maps, conditional use permits, zone changes, lot line adjustments, planned unit developments, etc. 1.

Multiple family dwellings, hotels, high rise, commercial, industrial, etc.

a.

Due to the undetermined building designs for new land development projects (undeveloped land), the required fire flow shall be: 5,000 GPM 5 hrs. 300 ft. NOTE:

b.

REDUCTION IN FIRE FLOW IN ACCORDANCE WITH TABLE 1.

Land development projects consisting of lots having existing structures shall be in compliance with Table 1 (fire flow per building size). This standard applies to multiple family dwellings, hotels, high rise, commercial, industrial, etc. NOTE: FIRE FLOWS PRECEDING ARE MEASURED AT 20 POUNDS PER SQUARE INCH RESIDUAL PRESSURE.

B. Building plans The Department’s Fire Prevention Engineering Section shall review building plans and apply fire flow requirements and hydrant spacing in accordance with the following: Multiple residential, apartments, single family residences (greater than 5,000 square feet), private schools, hotels, high rise, commercial, industrial, etc. (R-1, E, B, A, I, H, F, M, S) (see Table 1). C.

Public fire hydrant requirements 1.

Fire hydrants shall be required at intersections and along access ways as spacing requirements dictate

2.

Spacing a. Cul-de-sac When cul-de-sac depth exceeds 450' (residential) or

Crossroads DA Exhibits.06.10.13 Page 30

200' (commercial), hydrants shall be required at midblock. Additional hydrants will be required if hydrant spacing exceeds specified distances. b. All occupancies Other than single family dwellings, such as commercial, industrial, multi-family dwellings, private schools, institutions, detached condominiums (five or more units), etc. Fire hydrant spacing shall be 300 feet. NOTE: The following guidelines shall be used in meeting the hydrant spacing requirements. (1) No portion of lot frontage shall be more than 200 feet via vehicular access from a public hydrant. (2) No portion of a building should exceed 400 feet via vehicular access from a properly spaced public hydrant. c. Supplemental fire protection When a structure cannot meet the required public hydrant spacing distances, supplemental fire protection shall be required. NOTE: Supplemental fire protection is not limited to the installation of on-site fire hydrants; it may include automatic extinguishing systems. 3.

Hydrant location requirements - both sides of a street Hydrants shall be required on both sides of the street whenever: a. Streets having raised median center dividers that make access to hydrants difficult, causes time delay, and/or creates undue hazard. b. For situations other than those listed in “a” above, the Department’s inspector’s judgment shall be used. The following items shall be considered when determining hydrant locations: (1) Excessive traffic loads, major arterial route, in which traffic would be difficult to detour.

Crossroads DA Exhibits.06.10.13 Page 31

(2)

Lack of adjacent parallel public streets in which traffic could be redirected (e.g., Pacific Coast Highway).

(3)

Past practices in the area.

D.

(4)

Possibility of future development in the area.

(5)

Type of development (i.e., flag-lot units, large apartment or condo complex, etc.).

(6)

Accessibility to existing hydrants

(7)

Possibility of the existing street having a raised median center divider in the near future.

On-Site Hydrant Requirements 1.

When any portion of a proposed structure exceeds (via vehicular access) the allowable distances from a public hydrant and on-site hydrants are required, the following spacing requirements shall be met: a.

Spacing distance between on-site hydrants shall be 300 to 600 feet. (1) Design features shall assist in allowing distance modifications.

b.

Factors considered when allowing distance modifications. (1) Only sprinklered buildings qualify for the maximum spacing of 600 feet. (2)

2.

Fire flow a.

3.

For non-sprinklered buildings, consideration should be given to fire protection, access doors, outside storage, etc. Distance between hydrants should not exceed 400 feet.

All on-site fire hydrants shall flow a minimum of 1,250 gallons per minute at 20 psi for a duration of two hours. If more than one onsite fire hydrant is required, the on-site fire flow shall be at least 2,500 gallons per minute at 20 psi, flowing from two hydrants simultaneously. On site flow may be greater depending upon the size of the structure and the distance from public hydrants. NOTE: ONE OF THE TWO HYDRANTS TESTED SHALL BE THE FARTHEST FROM THE PUBLIC WATER SOURCE.

Distance from structures All on-site hydrants shall be installed a minimum of 25 feet from a structure or protected by a two-hour firewall.

Crossroads DA Exhibits.06.10.13 Page 32

4.

Shut-off valves All on-site hydrants shall be equipped with a shut-off (gate) valve, which shall be located as follows: a. Minimum distance to the hydrant b. Maximum distance from the hydrant

5.

10 feet. 25 feet

Inspection of new installations All new on-site hydrants and underground installations are subject to inspection of the following items by a representative of the Department: a. b. c. d.

6.

Piping materials and the bracing and support thereof. A hydrostatic test of 200 psi for two hours. Adequate flushing of the installation. Flow test to satisfy required fire flow. (1) Hydrants shall be painted with two coats of red primer and one coat of red paint, with the exception of the stem and threads, prior to flow test and acceptance of the system.

Maintenance It shall be the responsibility of the property management company, the homeowners association, or the property owner to maintain onsite hydrants. a.

b.

E.

Hydrants shall be painted with two coats of red primer and one coat of red, with the exception of the stem and threads, prior to flow test and acceptance of the system. No barricades, walls, fences, landscaping, etc., shall be installed or planted within three feet of a fire hydrant.

Public Hydrant Flow Procedure The minimum acceptable flow from any existing public hydrant shall be 1,000 GPM unless the required fire flow is less. Hydrants used to satisfy fire flow requirements will be determined by the following items: 1.

Only hydrants that meet spacing requirements are acceptable for meeting fire flow requirements.

2.

In order to meet the required fire flow:

Crossroads DA Exhibits.06.10.13 Page 33

F.

a.

Flow closest hydrant and calculate to determine flow at 20 pounds per square inch residual pressure. If the calculated flow does not meet the fire flow requirement, the next closest hydrant shall be flowed simultaneously with the first hydrant, providing it meets the spacing requirement, etc.

b.

If more than one hydrant is to be flowed in order to meet the required fire flow, the number of hydrants shall be flowed as follows: One hydrant

1,250 GPM and below

Two hydrants

1,251– 3,500 GPM flowing simultaneously

Three hydrants

3,501– 5,000 GPM flowing simultaneously

Hydrant Upgrade Policy 1.

Existing single outlet 2 1/2" inch hydrants shall be upgraded to a double outlet 6" x 4" x 2 1/2" hydrant when the required fire flow exceeds 1,250 GPM.

2.

An upgrade of the fire hydrant will not be required if the required fire flow is between the minimum requirement of 750 gallons per minute, up to and including 1,250 gallons per minute, and the existing public water system will provide the required fire flow through an existing wharf fire hydrant.

3.

All new required fire hydrant installations shall be approved 6" x 4" x 2 1/2" fire hydrants.

G.

4.

When water main improvements are required to meet GPM flow, and the existing water main has single outlet 2 1/2" fire hydrant(s), then a hydrant(s) upgrade will be required. This upgrade shall apply regardless of flow requirements.

5.

The owner-developer shall be responsible for making the necessary arrangements with the local water purveyor for the installation of all public facilities.

6.

Approved fire hydrant barricades shall be installed if curbs are not provided (see Figures 1, 2, and 3 following on pages 11 and 12).

Hydrant Specifications All required public and on-site fire hydrants shall be installed to the following specifications prior to flow test and acceptance of the system.

Crossroads DA Exhibits.06.10.13 Page 34

1.

2.

Hydrants shall be: a.

Installed so that the center line of the lowest outlet is between 14 and 24 inches above finished grade

b.

Installed so that the front of the riser is between 12 and 24 inches behind the curb face

c.

Installed with outlets facing the curb at a 45-degree angle to the curb line if there are double outlet hydrants

d.

Similar to the type of construction which conforms to current A.W.W.A. Standards

e.

Provided with three-foot unobstructed clearance on all sides.

f.

Provided with approved plastic caps

g.

Painted with two coats of red primer and one coat of traffic signal yellow for public hydrants and one coat of red for onsite hydrants, with the exception of the stems and threads

Underground shut-off valves are to be located: a.

A minimum distance of 10 feet from the hydrant

b.

A maximum distance of 25 feet from the hydrant Exception: Location can be less than 10 feet when the water main is already installed and the 10-foot minimum distance cannot be satisfied.

3.

All new water mains, laterals, gate valves, buries, and riser shall be a minimum of six inches inside diameter.

4.

When sidewalks are contiguous with a curb and are five feet wide or less, fire hydrants shall be placed immediately behind the sidewalk. Under no circumstances shall hydrants be more than six feet from a curb line.

5.

The owner-developer shall be responsible for making the necessary arrangements with the local water purveyor for the installation of all public facilities.

6.

Approved fire hydrant barricades shall be installed if curbs are not provided (see Figures 1, 2, and 3 following on pages 11 and 12).

Crossroads DA Exhibits.06.10.13 Page 35

Barricade/Clearance Details

Figure 1

Figure 2

Crossroads DA Exhibits.06.10.13 Page 36

Figure 3

Notes: 1.

Constructed of steel not less than four inches in diameter, six inches if heavy truck traffic is anticipated, schedule 40 steel and concrete filled.

2.

Posts shall be set not less than three feet deep in a concrete footing of not less than 15 inches in diameter, with the top of the posts not less than three feet above ground and not less than three feet from the hydrant

3.

Posts, fences, vehicles, growth, trash storage and other materials or things shall not be placed or kept near fire hydrants in a manner that would prevent fire hydrants from being immediately discernable.

4.

If hydrant is to be barricaded, no barricade shall be constructed in front of the hydrant outlets (Figure 2, shaded area).

5.

The exact location of barricades may be changed by the field inspector during a field inspection.

6.

The steel pipe above ground shall be painted a minimum of two field coats of primer.

7.

Two finish coats of “traffic signal yellow” shall be used for fire hydrant barricades.

8.

Figure 3 shows hydrant hook up during fireground operations. Notice apparatus (hydra-assist-valve) connected to hydrant and the required area. Figure 3 shows the importance of not constructing barricades or other obstructions in front of hydrant outlets.

Crossroads DA Exhibits.06.10.13 Page 37

Crossroads DA Exhibits.06.10.13 Page 38

H.

Private fire protection systems for rural commercial and industrial development Where the standards of this regulation cannot be met for industrial and commercial developments in rural areas, alternate proposals which meet NFPA Standard 1142 may be submitted to the Fire Marshal for review. Such proposals shall also be subject to the following: 1.

The structure is beyond 3,000 feet of any existing, adequatelysized water system. a.

2. I.

Structures within 3,000 feet of an existing, adequately-sized water system, but beyond a water purveyor service area, will be reviewed on an individual basis.

The structure is in an area designated by the County of Los Angeles’ General Plan as rural non-urban.

Blue reflective hydrant markers replacement policy 1.

Purpose: To provide information regarding the replacement of blue reflective hydrant markers, following street construction or repair work. a.

Fire station personnel shall inform Department of Public Works Road Construction Inspectors of the importance of the blue reflective hydrant markers, and encourage them to enforce their Department permit requirement, that streets and roads be returned to their original condition, following construction or repair work.

b.

When street construction or repair work occurs within this Department's jurisdiction, the nearest Department of Public Works Permit Office shall be contacted. The location can be found by searching for the jurisdiction office in the "County of Los Angeles Telephone Directory" under "Department of Public Works Road Maintenance Division." The importance of the blue reflective hydrant markers should be explained, and the requirement encouraged that the street be returned to its original condition, by replacing the hydrant markers.

Crossroads DA Exhibits.06.10.13 Page 39

TABLE 1 * BUILDING SIZE (First floor area)

Under 3,000

3,000 to 4,999

Fire Flow *(1) (2) 1,000 GPM sq. ft. sq. ft. sq. ft. sq. ft.

Duration 2 hrs.

Hydrant Spacing 300 ft.

1,250 GPM

2 hrs.

300 ft.

1,500 GPM

2 hrs.

300 ft.

3,000 GPM

3 hrs.

300 ft.

3,500 GPM

3 hrs.

300 ft.

4,000 GPM

4 hrs.

300 ft.

sq. ft. 5,000 to 7,999

15,000 to 19,999

20,000 to 24,999

sq. ft. sq. ft. sq. ft. sq. ft. sq. ft.

25,000 to 29,999 * See applicable footnotes below:

(FIRE FLOWS MEASURED AT 20 POUNDS PER SQUARE INCH RESIDUAL PRESSURE) (1)

(2)

Conditions requiring additional fire flow. a.

Each story above ground level - add 500 GPM per story.

b.

Any exposure within 50 feet - add a total of 500 GPM.

c.

Any high-rise building (as determined by the jurisdictional building code) the fire flow shall be a minimum of 3,500 GPM for 3 hours at 20 psi.

d.

Any flow may be increased up to 1,000 GPM for a hazardous occupancy.

Reductions in fire flow shall be cumulative for type of construction and a fully sprinklered building. The following allowances and/or additions may be made to standard fire flow requirements:

Crossroads DA Exhibits.06.10.13 Page 40

a.

A 25% reduction shall be granted for the following types of construction: Type I-F.R, Type II-F.R., Type II one-hour, Type II-N, Type III one-hour, Type III-N, Type IV, Type IV one hour, and Type V one-hour. This reduction shall be automatic and credited on all projects using these types of construction. Credit will not be given for Type V-N structures (to a minimum of 2,000 GPM available fire flow).

b.

A 25% reduction shall be granted for fully sprinklered buildings (to a minimum of 2,000 GPM available fire flow).

c.

When determining required fire flows for structures that total 70,000 square feet or greater, such flows shall not be reduced below 3,500 GPM at 20 psi for three hours.

Crossroads DA Exhibits.06.10.13 Page 41

EXHIBIT “E” SMMC ARTICLE 9 (PLANNING AND ZONING)

On file with the City Clerk

Crossroads DA Exhibits.06.10.13 Page 42

EXHIBIT “F” [RESERVED FOR BIKE PATH EASEMENT AREA]

Crossroads DA Exhibits.06.10.13 Page 43

EXHIBIT "G" [NONE]

Crossroads DA Exhibits.06.10.13 Page 44

EXHIBIT “H” CONSTRUCTION MITIGATION PLAN CON-1 Construction Impact Mitigation Plan. The applicant shall prepare, implement and maintain a Construction Impact Mitigation Plan that shall be designed to: •

Prevent material traffic impacts on the surrounding roadway network.

•

Minimize parking impacts both to public parking and access to private parking to the greatest extent practicable.

•

Ensure safety for both those constructing the project and the surrounding community.

•

Prevent substantial truck traffic through residential neighborhoods.

The Construction Impact Mitigation Plan shall be subject to review and approval by the following City departments: Department of Public Works; Fire; Planning and Community Development; and Police. This review will ensure that the Plan has been designed in accordance with this mitigation measure. This review shall occur prior to commencement of any construction staging for the project. The Mitigation Plan shall, at a minimum, include the following: Ongoing Requirements Throughout the Duration of Construction •

A detailed traffic control plan for work zones shall be maintained which includes at a minimum accurate existing and proposed: parking and travel lane configurations; warning, regulatory, guide and directional signage; and area sidewalks, bicycle lanes and parking lanes. The plan shall include specific information regarding the project’s construction activities that may disrupt normal pedestrian and traffic flow and the measures to address these disruptions. Such plans must be reviewed and approved by the Transportation Management Division prior to commencement of construction and implemented in accordance with this approval.

•

Work within the public right-of-way shall be performed between 9:00 AM and 4:00 PM, including: dirt and demolition material hauling and construction material delivery. Work within the public right-of-way outside of these hours shall only be allowed after the issuance of an after-hours construction permit.

•

Streets and equipment shall be cleaned in accordance with established PW requirements.

Crossroads DA Exhibits.06.10.13 Page 45

•

Trucks shall only travel on a City approved construction route. Truck queuing/staging shall not be allowed on Santa Monica streets. Limited queueing may occur on the construction site itself.

•

Materials and equipment shall be minimally visible to the public; the preferred location for materials is to be on-site, with a minimum amount of materials within a work area in the public right-of-way, subject to a current Use of Public Property Permit.

•

Any requests for work before or after normal construction hours within the public right-of-way shall be subject to review and approval through the After Hours Permit process administered by the Building and Safety Division.

•

Off-street parking shall be provided for construction workers. This may include the use of a remote location with shuttle transport to the site, if determined necessary by the City of Santa Monica.

Project Coordination Elements That shall Be Implemented Prior to Commencement of Construction •

The traveling public shall be advised of impending construction activities (e.g. information signs, portable message signs, media listing/notification, implementation of an approved traffic control plan).

•

Any construction work requiring encroachment into public rights-of-way, detours or any other work within the public right-of-way shall require approval from the City through issuance of a Use of Public Property Permit, Excavation Permit, Sewer Permit or Oversize Load Permit, as well as any Caltrans Permits required.

•

Timely notification of construction schedules shall be given to all affected agencies (e.g., Big Blue Bus, Police Department, Fire Department, Department of Public Works, and Planning and Community Development Department) and to all owners and residential and commercial tenants of property within a radius of 500 feet.

•

Construction work shall be coordinated with affected agencies in advance of start of work. Approvals may take up to two weeks per each submittal.

•

The Strategic Transportation Planning Division shall approve of any haul routes, for earth, concrete or construction materials and equipment hauling.

Crossroads DA Exhibits.06.10.13 Page 46

CON-2(a) Diesel Equipment Mufflers. All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers. CON-2(b) Electrically-Powered Tools. Electrical power shall be used to run air compressors and similar power tools. CON-2(c) Restrictions on Excavation and Foundation/Conditioning. Pile driving, excavation, foundation- laying, and conditioning activities (the noisiest phases of construction) shall be restricted to between the hours of 10:00 AM and 3:00 PM, Monday through Friday, in accordance with Section 4.12.110(d) of the Santa Monica Municipal Code. CON-2(d) Additional Noise Attenuation Techniques. For all noise generating construction activity on the project site, additional noise attenuation techniques shall be employed to reduce noise levels at to 83 dB or less from 8:00 to 6:00 PM weekdays and 9:00 AM to 5:00 PM Saturdays. Per the Noise Ordinance, construction noise may exceed 83 dB if it only occurs between 10:00 AM and 3:00 PM. Such techniques may include, but are not limited to, the use of sound blankets on noise generating equipment and the construction of temporary sound barriers around the perimeter of the project construction site. CON-2(e) Construction Sign Posting. In accordance with Municipal Code Section 4.12.120, the project applicant shall be required to post a sign informing all workers and subcontractors of the time restrictions for construction activities. The sign shall also include the City telephone numbers where violations can be reported and complaints associated with construction noise can be submitted. CON-3(a) ROG Control Measures. The applicant shall ensure that architectural coatings used on the project comply with SCAQMD Rule 1113, which limits the VOC content of architectural coatings.

Crossroads DA Exhibits.06.10.13 Page 47

CON-3(b) Fugitive Dust Control Measures. The following shall be implemented during construction to minimize fugitive dust and associated particulate emissions: •

Sufficiently water all excavated or graded material to prevent excessive amounts of dust.

•

Watering shall occur at least three times daily with complete coverage, preferably at the start of the day, in the late morning and after work is done for the day.

•

Cease all grading, earth moving or excavation activities during periods of high winds (i.e., greater than 20 mph measured as instantaneous wind gusts) so as to prevent excessive amounts of dust. Securely cover all material transported on and off-site to prevent excessive amounts of dust.

•

Cover all soil stockpiles.

•

Limit on-site vehicle speeds to 15 mph.

•

Install wheel washers where vehicles enter and exit the construction site onto paved roads or wash off trucks and any equipment leaving the site each trip.

•

Appoint a construction relations officer to act as a community liaison concerning on-site construction activity including resolution of issues related to PM10 generation.

•

Sweep streets at the end of the day using SCAQMD Rule 1186 certified street sweepers or roadway washing trucks if visible soil is carried onto adjacent public paved roads (recommend water sweepers with reclaimed water).

Crossroads DA Exhibits.06.10.13 Page 48

EXHIBIT “I” ASSIGNMENT AND ASSUMPTION AGREEMENT Recording Requested By and When Recorded Mail To: HARDING LARMORE KUTCHER & KOZAL, LLP 1250 6th Street, Suite 200 Santa Monica, CA 90401 Attn: Christopher M. Harding ________________________________________________________________________

ASSIGNMENT AND ASSUMPTION AGREEMENT This ASSIGNMENT AND ASSUMPTION AGREEMENT (“Agreement”) is made and entered into by and between ___________________________, a ______________________________________ (“Assignor”), and ________________________, a __________________ (“Assignee”). RECITALS A. The City of Santa Monica (“City”) and Assignor entered into that certain Development Agreement dated _______________, 2013 (the “Development Agreement”), with respect to the real property located in the City of Santa Monica, State of California more particularly described in Exhibit “A” attached hereto (the “Project Site”). B. Assignor has obtained from the City certain development approvals and permits with respect to the development of the Project Site, including without limitation, approval of the Development Agreement (collectively, the “Project Approvals”). C.

Assignor intends to sell, and Assignee intends to purchase, the Project

Site. D. In connection with such purchase and sale, Assignor desires to transfer all of the Assignor’s right, title, and interest in and to the Development Agreement and the Project Approvals with respect to the Project Site. Assignee desires to accept such assignment from Assignor and assume the obligations of Assignor under the Development Agreement and the Project Approvals with respect to the Project Site. THEREFORE, the parties agree as follows: 1. Assignment. Assignor hereby assigns and transfers to Assignee all of Assignor’s right, title, and interest in and to the Development Agreement and the Project Approvals with respect to the Project Site. Assignee hereby accepts such assignment from Assignor.

Crossroads DA Exhibits.06.10.13 Page 49

2. Assumption. Assignee expressly assumes and agrees to keep, perform, and fulfill all the terms, conditions, covenants, and obligations required to be kept, performed, and fulfilled by Assignor under the Development Agreement and the Project Approvals with respect to the Project Site. 3. Effective Date. The execution by City of the attached receipt for this Agreement shall be considered as conclusive proof of delivery of this Agreement and of the assignment and assumption contained herein. This Agreement shall be effective upon its recordation in the Official Records of Los Angeles County, California, provided that Assignee has closed the purchase and sale transaction and acquired legal title to the Project Site. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth next to their signatures below.

“ASSIGNOR”

“ASSIGNEE”

Crossroads DA Exhibits.06.10.13 Page 50

RECEIPT BY CITY

The attached ASSIGNMENT AND ASSUMPTION AGREEMENT is received by the City of Santa Monica on this ___ day of ________________, ________.

CITY OF SANTA MONICA

___________________________________ By: _______________________________ Planning Director

Crossroads DA Exhibits.06.10.13 Page 51

Attachment B

DEVELOPMENT AGREEMENT FINDING 1.

The proposed Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan, in that consistent with LUCE Policy D27.4 of the Industrial Conservation District, the proposed project continues and expands an ex isting school. Consistent with Policy D27.10 the project utilizes a v ariety of heights, forms, and materials to create visual interest and avoids uniformly flat roofs or cornices in order to create an interesting skyline. The implementation of a Transportation Demand Management (TDM) plan in order to reduce vehicle trips in the area and reduce associated parking demand is consistent with LUCE Circulation Policy T19.2 which calls for the imposition of appropriate TDM requirements for new development. Furthermore, the project is consistent with LUCE overall land use policies by incorporating community benefits including, but not limited to, an undeveloped area ten (10) feet in width along the southern property line of the subject site reserved for the future development of the Michigan Avenue Greenway bike path and a TDM plan that promotes shared parking, bicycle facilities, and transit subsidies.

1

Recording Requested By: City of Santa Monica When Recorded Mail To: City of Santa Monica Santa Monica City Attorney's Office 1685 Main Street, Third Floor Santa Monica, CA 90401 Attention: Senior Land Use Attorney ________________________________________________________________________ Space Above Line For Recorder's Use No Recording Fee Required California Government Code Section 27383

DEVELOPMENT AGREEMENT BETWEEN CITY OF SANTA MONICA AND THE CROSSROADS SCHOOL FOR ARTS AND SCIENCES __________________, 2013

22000/Docs/Crossroads DA 06.14.13

TABLE OF CONTENTS

Recitals ........................................................................................................................................... 1 Article 1

Definitions.............................................................................................................. 3

Article 2

Description of the Project ...................................................................................... 5

2.1

General Description ............................................................................................... 5

2.2

Principal Components of the Project ..................................................................... 5

2.3

No Obligation to Develop ...................................................................................... 5

2.4

Vested Rights ......................................................................................................... 6

2.5

Permitted Uses ....................................................................................................... 8

2.6

Significant Project Features and LUCE Community Benefits .............................. 8

2.7

Parking ................................................................................................................. 15

2.8

Design .................................................................................................................. 15

Article 3

Construction ......................................................................................................... 16

3.1

Construction Mitigation Plan ............................................................................... 16

3.2

Construction Hours .............................................................................................. 16

3.3

Outside Building Permit Issuance Date ............................................................... 17

3.4

Construction Period ............................................................................................. 17

3.5

Damage or Destruction ........................................................................................ 17

3.6

Possession of Property ......................................................................................... 17

3.7

Completed and Final Landmarks Commission Review of Property ................... 18

Article 4

Project Fees, Exactions, and Conditions .............................................................. 18

4.1

Fees, Exactions, and Conditions .......................................................................... 18

4.2

Conditions on Modifications................................................................................ 18

4.3

Implementation of Conditions of Approval ......................................................... 18

22000/Docs/Crossroads DA 06.14.13

Article 5

Effect of Agreement on City Laws and Regulations ........................................... 18

5.1

Development Standards for the Property; Existing Regulations ......................... 18

5.2

Permitted Subsequent Code Changes .................................................................. 19

5.3

Common Set of Existing Regulations .................................................................. 21

5.4

Conflicting Enactments ........................................................................................ 21

5.5

Timing of Development ....................................................................................... 21

Article 6

Architectural Review Board ................................................................................ 22

6.1

Architectural Review Board Approval ................................................................ 22

6.2

Concurrent Processing ......................................................................................... 22

Article 7

City Technical Permits ......................................................................................... 22

7.1

Definitions............................................................................................................ 22

7.2

Diligent Action by City........................................................................................ 22

7.3

Conditions for Diligent Action by the City.......................................................... 23

7.4

Duration of Technical City Permits ..................................................................... 24

7.5

[Reserved] ............................................................................................................ 24

Article 8

Amendment and Modification ............................................................................. 24

8.1

Amendment and Modification of Development Agreement ............................... 24

Article 9

Term ..................................................................................................................... 25

9.1

Effective Date ...................................................................................................... 25

9.2

Term ..................................................................................................................... 25

Article 10

Periodic Review of Compliance .......................................................................... 25

10.1

City Review ......................................................................................................... 25

10.2

Evidence of Good Faith Compliance ................................................................... 25

10.3

Information to be Provided to School .................................................................. 26

10.4

Notice of Breach; Cure Rights ............................................................................. 26

22000/Docs/Crossroads DA 06.14.13

10.5

Failure of Periodic Review .................................................................................. 26

10.6

Termination of Development Agreement ............................................................ 26

10.7

City Cost Recovery .............................................................................................. 26

Article 11

Default.................................................................................................................. 26

11.1

Notice and Cure ................................................................................................... 26

11.2

Remedies for Monetary Default........................................................................... 27

11.3

Remedies for Non-Monetary Default .................................................................. 27

11.4

Modification or Termination of Agreement by City............................................ 29

11.5

Cessation of Rights and Obligations .................................................................... 30

11.6

Completion of Improvements .............................................................................. 30

Article 12

Mortgagees ........................................................................................................... 31

12.1

Encumbrances on the Property ............................................................................ 31

Article 13

Transfers and Assignments .................................................................................. 33

13.1

Transfers and Assignments .................................................................................. 33

13.2

Release Upon Transfer ......................................................................................... 33

Article 14

Indemnity to City ................................................................................................. 33

14.1

Indemnity ............................................................................................................. 33

14.2

City’s Right to Defense ........................................................................................ 34

Article 15

General Provisions ............................................................................................... 34

15.1

Notices ................................................................................................................. 34

15.2

Entire Agreement; Conflicts ................................................................................ 35

15.3

Binding Effect ...................................................................................................... 35

15.4

Agreement Not for Benefit of Third Parties ........................................................ 35

15.5

No Partnership or Joint Venture .......................................................................... 36

15.6

Estoppel Certificates ............................................................................................ 36

22000/Docs/Crossroads DA 06.14.13

15.7

Time ..................................................................................................................... 36

15.8

Excusable Delays ................................................................................................. 36

15.9

Governing Law .................................................................................................... 37

15.10

Cooperation in Event of Legal Challenge to Agreement ..................................... 37

15.11

Attorneys’ Fees .................................................................................................... 38

15.12

Recordation .......................................................................................................... 38

15.13

No Waiver ............................................................................................................ 38

15.14

Construction of this Agreement ........................................................................... 38

15.15

Other Governmental Approvals ........................................................................... 38

15.16

Venue .................................................................................................................. 39

15.17

Exhibits ................................................................................................................ 40

15.18

Counterpart Signatures......................................................................................... 40

15.19

Certificate of Performance ................................................................................... 40

15.20

Interests of School................................................................................................ 40

15.21

Operating Memoranda ......................................................................................... 40

15.22

Acknowledgments, Agreements and Assurance on the Part of School ............... 41

15.23

Not a Public Dedication ....................................................................................... 41

15.24

Other Agreements ................................................................................................ 42

15.24

Severability and Termination............................................................................... 42

Exhibit “A” Exhibit “B” Exhibit “C” Exhibit “D” Exhibit “E” Exhibit “F” Exhibit “G” Exhibit “H” Exhibit “I” Exhibit “J”

Legal Description of the Property Project Plans Permitted Fees and Exactions Conditions of Approval SMMC Article 9 (Planning and Zoning) Bike Path Easement Area [Reserved] Construction Mitigation Plan Assignment and Assumption Agreement Interim Modules Plan

22000/Docs/Crossroads DA 06.14.13

DEVELOPMENT AGREEMENT This Development Agreement (“Agreement”), dated ____________, 2013 ("Effective Date"), is entered into by and between THE CROSSROADS SCHOOL FOR ARTS AND SCIENCES, a California nonprofit corporation (“School”), and the CITY OF SANTA MONICA, a municipal corporation organized and existing pursuant to the laws of the State of California and the Charter of the City of Santa Monica (the “City”), with reference to the following facts: RECITALS A. Pursuant to California Government Code Section 65864 et seq., Chapter 9.48 of the Santa Monica Municipal Code, and Santa Monica Interim Ordinance No. 2356 (collectively, the “Development Agreement Statutes”), the City is authorized to enter into binding development agreements with persons or entities having a legal or equitable interest in real property for the development of such real property. B. School has operated as a nonprofit private school since 1971. School’s campus for its upper and middle schools primarily consists of parcels located adjacent to 21st Court between I-10 Freeway and Olympic Boulevard. C. School is the owner of approximately 12,641 square feet of land in the City of Santa Monica, State of California, commonly known as 1731-1733 Twentieth Street, as more particularly described in Exhibit “A-1” (the "School Property"), and City is the owner of approximately 772 square feet of land in the City of Santa Monica, State of California, as more particularly described in Exhibit “A-2” (the "Remnant Parcel") (collectively, the “Property”). The conditions of approval to this Agreement provide that no building, grading, or excavation permit may be approved for the Project until School has obtained fee ownership of all of the Property, including the Remnant Parcel. D. The City has included the Property within the Industrial Conservation land use designation under the City’s recently adopted Land Use and Circulation Element of its General Plan (the “LUCE”). To aid in the redevelopment of the Property, the City and School desire to enter into this Agreement to allow School to construct a new science facility for the middle and upper schools. E. On October 18, 2012, School filed an application for a Development Agreement, pursuant to Santa Monica Municipal Code (“SMMC”) Section 9.48.020 (the “Development Application”). The Development Application was designated by the City as Application No. DEV 12-013. The Development Application is for the development of a science learning center to house specialty classrooms as part of its existing school campus and is more fully described in this Agreement (the “Project”). F. On April 26, 2011, the City Council adopted Interim Ordinance No. 2356 ("IZO"). The City Council extended and/or modified the IZO on several occasions thereafter. The IZO prohibits the issuance of permits for development projects which would constitute a Tier 2 or Tier 3 project as established pursuant to LUCE Chapter 2.1 22000/Docs/Crossroads DA 06.14.13 Page 1

or which would exceed 32 feet in height in the Downtown Core as delineated in the Land Use Designation Map approved by the City Council on July 6, 2010 unless developed pursuant to a development agreement adopted in accordance with SMMC Chapter 9.48. Adoption of this Agreement will allow for the issuance of permits for the Project. G. School has paid all necessary costs and fees associated with the City’s processing of the Development Application and this Agreement. H. The primary purpose of the Project is to combine and improve Crossroads’ science classrooms from its various upper and middle school buildings into a single science facility. The Parties desire to enter into this Agreement in conformance with the Development Agreement Statutes in order to achieve the development of the Project on the Property. I. The City Council has determined that a development agreement is appropriate for the proposed development of the Property. This Agreement will (1) eliminate uncertainty in planning for the Project and result in the orderly development of the Project, (2) assure installation of necessary improvements on the Property, (3) provide for public infrastructure and services appropriate to development of the Project, (4) preserve substantial City discretion in reviewing subsequent development of the Property, (5) secure for the City improvements that benefit the public, (6) otherwise achieve the goals and purposes for which the Development Agreement Statutes were enacted, and (7) to allow School to proceed with its Tier 2 project prior to the City’s new zoning ordinance being adopted. J. This Agreement is consistent with the public health, safety, and welfare needs of the residents of the City and the surrounding region. The City has specifically considered and approved the impact and benefits of the development of the Project on the Property in accordance with this Agreement upon the welfare of the region. The Project will provide a number of significant project features and community benefits, including without limitation the following: a grant of an easement for future development and public use of a portion of the Michigan Avenue Greenway bike path, enhanced educational opportunities for students through development of a science center, a TDM Plan, LEED Certification of at least Silver level (or, alternatively, achieving the equivalency of a Gold level of points regardless of certification), outreach to the Pico Neighborhood and prioritization for the Pico Neighborhood for School’s summer program, and photovoltaic panels. K. The City Council has found that the provisions of this Development Agreement are consistent with the relevant provisions of City’s General Plan, including the LUCE. L. On October 30, 2012, School filed demolition permit applications for the existing buildings located on the Property (12PC1339 and 12PC1340). On November 12, 2012, the City’s Landmarks Commission reviewed the existing buildings located on the Property and took no action to nominate or further evaluate any of the existing buildings.

22000/Docs/Crossroads DA 06.14.13 Page 2

M. On February 4, 2013, the City’s Architectural Review Board conducted a conceptual review of the Project and rendered comments that are reflected in the Project Plans. N. On May 1, 2013, the City's Planning Commission held a duly noticed public hearing on the Development Application and this Agreement. The Commission recommended that the City Council approve the Development Agreement. O. On June 25, 2013, the City Council held a duly noticed public hearing on the Development Application and this Agreement and at such hearing the City made the necessary California Environmental Quality Act ("CEQA") findings that the Project qualifies for an exemption from CEQA pursuant to California Code of Regulations, Title 14, Chapter 3, Section 15314 and introduced Ordinance No. _____ for first reading, approving this Agreement. P. On ____________, 2013, the City Council adopted Ordinance No. ______, approving this Agreement.

NOW THEREFORE, in consideration for the covenants and conditions hereinafter set forth, the Parties hereto do hereby agree as follows: ARTICLE 1 DEFINITIONS The terms defined below have the meanings in this Agreement as set forth below unless the context otherwise requires: 1.1 “Agreement” means this Development Agreement entered into between the City and School as of the Effective Date. 1.2

“ARB” means the City’s Architectural Review Board.

1.3 “Building” means a three-story structure with an accessible roof as shown on the Project Plans (defined below). 1.4 designee.

“City Council” means the City Council of the City of Santa Monica, or its

1.5 “Discretionary Approvals” are actions which require the exercise of judgment or a discretionary decision, and which contemplate and authorize the imposition of revisions or additional conditions, by the City, including any board, commission, or department of the City and any officer or employee of the City. Discretionary Approvals do not include Ministerial Approvals. 1.6

“Effective Date” has the meaning set forth in Section 9.1 below.

22000/Docs/Crossroads DA 06.14.13 Page 3

1.7 "Floor Area" has the meaning as defined in Section 9.04.02.030.315 of the Zoning Ordinance, except that pursuant to Land Use and Circulation Element Policy D27.4 rooftop areas for school activities shall not count in calculation Floor Area Ratio (defined below). 1.8 “Floor Area Ratio" and FAR” means floor area ratio as defined in Section 9.04.02.030.320 of the Zoning Ordinance. 1.9 “General Plan” or “City General Plan” means the General Plan of the City of Santa Monica, and all elements thereof including the LUCE, as of the Effective Date unless otherwise indicated in this Agreement. 1.10

“Including” means “including, but not limited to.”

1.11 “Interim Modules Plan” means the plan for the Interim Modules that is attached to this Agreement as Exhibit “J”. 1.12 "LEED® Rating System" means the Leadership in Energy and Environmental Design (LEED®) Green Building Rating System for New Construction & Major Renovations adopted by the U.S. Green Building Council. 1.13

“Legal Action” means any action in law or equity.

1.14

“Maximum Floor Area” means 30,179 square feet of Floor Area.

1.15 “Ministerial Approvals” mean any action which merely requires the City (including any board, commission, or department of the City and any officer or employee of the City), in the process of approving or disapproving a permit or other entitlement, to determine whether there has been compliance with applicable statutes, ordinances, regulations, or conditions of approval. 1.16 “Parties” mean both the City and School and “Party” means either the City or School, as applicable. 1.17 “Pico Neighborhood” means the area in the City of Santa Monica bounded by Santa Monica Boulevard from Lincoln Boulevard to 20th Street and Colorado Boulevard from 20th Street to Centinela Avenue on the north, Pico Boulevard on the south, Centinela Avenue and the City limits on the east and Lincoln Boulevard on the west. 1.18 “Pico Neighborhood Association” means that certain California nonprofit corporation named Pico Neighborhood Association. 1.19 “Planning Director” means the Planning Director of the City of Santa Monica, or his or her designee. 1.20 “Project Plans” mean the plans for the Project that are attached to this Agreement as Exhibit “B.” 22000/Docs/Crossroads DA 06.14.13 Page 4

1.21 “Zoning Ordinance” means the City of Santa Monica Comprehensive Land Use and Zoning Ordinance (Chapter 9.04 of the SMMC), and any applicable Interim Zoning Ordinance, as the same are in effect on the Effective Date, is set forth within Exhibit “E” (Planning and Zoning). ARTICLE 2 DESCRIPTION OF THE PROJECT 2.1 General Description. The Project includes all aspects of the proposed development of the Property as more particularly described in this Agreement and on the Project Plans. If there is a conflict or inconsistency between the text of this Agreement and the Project Plans, the Project Plans will prevail; provided, however, that omissions from the Project Plans shall not constitute a conflict or inconsistency with the text of this Agreement. 2.2 Principal Components of the Project. The Project consists of the following principal components, as well as the other components delineated in the Project Plans, all of which are hereby approved by the City subject to the other provisions of this Agreement: (a) Demolition and removal of the two existing school buildings, including five classrooms, and surface parking, (b) installation of interim replacement classroom modules (“Interim Modules”) consistent with the Interim Modules Plan and the Conditions of Approval specified in Exhibit “D”, and (c) construction of a new threestory structure with an accessible roof, which will contain 12 specialty classrooms and related facilities as shown on the Project Plans. 2.3

No Obligation to Develop. 2.3.1

Except as specifically provided herein:

(a) Nothing in this Agreement shall be construed to require School to proceed with the construction of the Project or any portion thereof. (b) The decision to proceed or to forbear or delay in proceeding with construction of the Project or any portion thereof shall be in School’s sole discretion. (c) Failure by School to proceed with construction of the Project or any portion thereof shall not give rise to any liability, claim for damages or cause of action against School, except as may arise pursuant to a nuisance abatement proceeding under SMMC Chapter 8.96, or any successor legislation. 2.3.2 Failure by School to proceed with construction of the Project or any portion thereof shall not result in any loss or diminution of development rights, except upon expiration of School’s vested rights pursuant to this Agreement, or the termination of this Agreement.

22000/Docs/Crossroads DA 06.14.13 Page 5

2.3.3 Notwithstanding any provision of this Section 2.3 to the contrary, School shall implement all conditions of approval required under this Agreement in accordance with Exhibit “D” as and when reasonably required by the City of Santa Monica for the appropriate stage of the Project. 2.4

Vested Rights.

2.4.1 Approval of Project Plans. The City hereby approves the Project Plans. The City shall maintain a complete copy of the Project Plans, stamped “Approved” by the City, in the Office of the City Clerk, and School shall maintain a complete copy of the Project Plans, stamped “Approved” by the City, in its offices or at the Project site. The Project Plans to be maintained by the City and School shall be in a half-size set. Further detailed plans for the construction of the Building and improvements, including, without limitation, structural plans and working drawings shall be prepared by School subsequent to the Effective Date based upon the Project Plans. 2.4.2 Minor Modifications to Project. School with the approval of the Planning Director, may make minor changes to the Project or Project Plans (“Minor Modifications”) without amending this Agreement; provided that the Planning Director makes the following specific findings that the Minor Modifications: (i) are consistent with the Project’s approvals as approved by the City Council; (ii) are consistent with the provisions, purposes and goals of this Agreement; (iii) are not detrimental to the public health, safety, convenience or general welfare; and (iv) will not significantly and adversely affect the public benefits associated with the Project. The Planning Director shall notify the Planning Commission in writing of any Minor Modifications approved pursuant to this Section 2.4.2. Any proposed change which the Planning Director denies as not qualifying for a Minor Modification based on the above findings must be processed as a Major Modification. 2.4.3 Modifications Requiring Amendment to this Agreement. School shall not make any “Major Modifications” (defined below) to the Project without first amending this Agreement to permit such Major Modifications. A “Major Modification” means the following: (a) Reduction of any setback of the Project, as depicted on the Project Plans, if by such reduction the applicable setback would be less than is permitted in the applicable zoning district under the Zoning Ordinance in effect on the date such modification is applied for; (b) Reduction of any setback of the Interim Modules, as depicted on the Interim Modules Plan, if by such reduction the applicable setback would be less than is permitted in the applicable zoning district under the Zoning Ordinance in effect on the date such modification is applied for; (c) Any change in use not consistent with the permitted uses defined in Section 2.5 below;

22000/Docs/Crossroads DA 06.14.13 Page 6

(d) Any material change in the number or location of curb cuts shown on the Project Plans; (e) Any variation in the design, massing or building configuration, including but not limited to, Floor Area and building height, that renders such aspects out of substantial compliance with the Project Plans after ARB Approval; and (f) Any change that would substantially reduce or alter the community benefits or significant project features as set forth in Section 2.6. If a proposed modification does not exceed the Major Modification thresholds established above, then the proposed modification may be reviewed in accordance with Section 2.4.2. 2.4.4 City Consent to Modification. The Planning Director shall not unreasonably withhold, condition, or delay its approval of a request for such Minor Modification. The City may impose fees, exactions, and conditions in connection with its approval of a Minor or Major Modification, subject to any applicable law. Notwithstanding anything to the contrary herein or in the Existing Regulations, if the Planning Director approves a Minor Modification or if the City approves a Major Modification (and the corresponding amendment to this Agreement for such Major Modification), as the case may be, School shall not be required to obtain any other Discretionary Approvals for such modification, except for ARB approval, in the case of certain Major Modifications. 2.4.5 Right to Develop. Subject to the provisions of Section 3.3 below, during the Term (as defined in Section 9.2 below) of this Development Agreement, School shall have the vested rights (the “Vested Rights”) to (a) develop and construct the Project in accordance with the following: (i) the Project Plans (as the same may be modified from time to time in accordance with this Agreement); (ii) any Minor Modifications approved in accordance with Section 2.4.2; (iii) any Major Modifications which are approved pursuant to Section 2.5.3; and (iv) the requirements and obligations of School related to the improvements which are specifically set forth in this Agreement, and (b) use and occupy the Project for the permitted uses set forth in Section 2.5. Except for any required approvals from the ARB pursuant to Section 6.1 of this Agreement, the City shall have no further discretion over the elements of the Project which have been delineated in the Project Plans (as the same may be modified from time to time in accordance with this Agreement). 2.5 Permitted Uses. The City approves the following permitted uses for the Project, including on the rooftop: private elementary and secondary school and related uses, including for classrooms, educational laboratories, educational workshops, storage, faculty offices and preparation space. 2.6 Significant Project Features and LUCE Community Benefits. This Agreement provides assurances that the significant project features and LUCE 22000/Docs/Crossroads DA 06.14.13 Page 7

community benefits identified below in this Section 2.6 will be achieved and developed in accordance with the terms of this Agreement. 2.6.1 Significant Project Features. Set forth in this Section 2.6.1 are the project features that will be provided to the City, including without limitation: (a) construction jobs; (b) provision of on-site public art, cultural facilities or payment of a cultural arts development contribution pursuant to SMMC Section 9.04.10.20; (c) installation of standard water and wastewater reduction fixtures within the Project as legally applicable; and (d) various standard public improvements and fees. 2.6.2 LUCE Community Benefits. Set forth below in this Section 2.6.2 are the additional community benefits that will be provided by the Project. (a) Educational Facility. The Project is an educational facility that will provide enhanced educational opportunities for students which is identified as one of the community benefit priorities of the LUCE (LUCE p. 3.2-3). (b) Bicycle Path. As its principal community benefit for the Project, School agrees to execute an easement agreement (“Bike Path Easement Agreement”) granting to the City a ten (10) foot wide surface easement across the southerly portion of the Property as depicted on Exhibit “F” (“Bike Path Easement Area”) for purposes of establishing a public bike path ("Public Bike Path") in furtherance of the City’s Bike Action Plan, contingent on the following: i.

The Bike Path Easement Agreement would expressly be subject to any preexisting easements over and across this same 10 foot wide strip of land (collectively the “Utility Easements”).

ii.

City shall have sole responsibility for designing, constructing and maintaining the Public Bike Path on all or any part of the Bike Path Easement Agreement area, including the relocation of any utility poles or placement underground of any utility lines.

iii.

The City's designated staff shall meet with School representatives or administrators to share information regarding the City’s preliminary design of, timing for and future construction of the Public Bike Path. Such meeting shall be in addition to any publicly noticed meeting about the design of the Public Bike Path. Notwithstanding this Section 2.6.2(b)(iii), City shall retain its full discretionary authority in designing, constructing and maintaining the Public Bike Path and the Bike Path Easement Agreement area.

iv.

City acknowledges that School desires to construct a new perimeter fence or wall that extends from the eastern edge of the Science Building on School’s Property across 20th Court alley. School acknowledges that to obtain the required approvals to construct a fence or wall on a public street, the City must first go through a street vacation process. Pursuant to this subsection iv, School may, and if it chooses to do so, shall be responsible for constructing and maintaining a perimeter fence or wall from the eastern edge of the

22000/Docs/Crossroads DA 06.14.13 Page 8

Science Building on the School Property to the eastern edge of the School Property, outside the Bike Path Easement Area, at its own cost. City agrees that such perimeter fence or wall shall be allowed to be 8 feet in height. The Planning Director or his or her designee shall approve the precise location of this fence or wall, the approval of which shall not be unreasonably withheld. Except with respect to the height of the fence or wall, City’s Architectural Review Board shall retain its customary review authority, if any, over the design of the fence or wall. The authority to construct a new perimeter fence provided by this subsection is limited to the southern perimeter of the School Property as set forth above, and does not authorize any construction by School across 20th Court alley. v.

Notwithstanding anything to the contrary in this Development Agreement, the Bike Path Easement Agreement shall provide that, commencing upon passage of the 60th day after the School's receipt of the City's Notice of Intent to Proceed, the City shall defend, indemnify and hold harmless the School, its board and individual board members, officers, agents, employees, volunteers and other representatives (collectively “School Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, expenses, claims, demands, suits, attorney’s fees and judgments (collectively referred to as “Damages”), including but not limited to claims for damage for personal injury (including death) and claims for property damage arising from the following: (1) the willful misconduct or active negligence of the City or its City Council, boards and commissions, officers, agents, employees, contractors, subcontractors, volunteers or other persons acting on its behalf (collectively referred to as the “City Parties”) which occurs after the 60th day after the School's receipt of the City's Notice of Intent to Proceed and during the term of the Bike Path Easement Agreement relating directly to the Public Bike Path or the City’s Bike Path Easement; and (2) the condition of the Public Bike Path or the Bike Path Easement; except to the extent any such Damages are caused by the active negligence or willful misconduct of any School Indemnified Parties and/or any students of the School. The School shall have the right to approve legal counsel retained by City to defend any claim, action or proceeding which City is obligated to defend pursuant hereto, which approval shall not be unreasonably withheld, conditioned or delayed. If any conflict of interest results during the mutual representation of the City and School in defense of any such action, or if the School is reasonably dissatisfied with City’s legal counsel in defending any such action, the School shall have the right at City’s costs and expense, to use separate counsel that would thereafter undertake and continue the School’s defense.

vi.

The Bike Path Easement Agreement shall provide that the City shall thereafter assume full responsibility for evaluating and addressing any impacts of the City's improvements to the Public Bike Path upon the existing drainage culvert located on the alley and Interstate 10 Freeway side of the Bike Path Easement Area.

22000/Docs/Crossroads DA 06.14.13 Page 9

vii.

The School shall have the right to use the Public Bike Path for emergency pedestrian access, if reasonably necessary to ensure public safety of the School’s students, teachers, administration and staff.

viii.

If the City has failed to complete its construction of that portion of the Public Bike Path located within the Bike Path Easement Area by December 31, 2033, then the Bike Path Easement Agreement shall automatically expire and be of no further force or effect, and the City shall promptly execute all documents reasonably necessary to confirm that School, or its successor in interest, is no longer bound by the Bike Path Easement Agreement.

Until the City provides written notice to the School that the City is ready to proceed with the commencement of construction of the proposed bike path (“Notice of Intent to Proceed”), the School shall retain and have the exclusive control and sole responsibility for maintenance of the Bike Path Easement Area, excluding 20th Court Alley, (subject to the existing Utility Easements) as part of its campus. In the event that the School installs any fixtures and improvements within the Bike Path Easement Area after obtaining any required approvals, including the establishment of a perimeter fence at or near the southernmost edge of the Bike Path Easement Area, the School shall have the duty, at the School’s cost and expense, to remove such fixtures and improvements and restore the surface of the Bike Path Easement Area to its condition immediately before the installation of such fixtures and improvements no later than 60 days after the School’s receipt of the City’s Notice of Intent to Proceed. (c) Photovoltaic Panels. Photovoltaic panels shall be installed in accordance with the Project Plans. (d) Photovoltaic Panel-Ready Roof. The western portion of the roof, as shown on the Project Plans, shall be designed and constructed to accommodate the School’s potential future installation of photovoltaic panels at that location, if and to the extent that the School may at some point in the future elect to proceed to install such photovoltaic panels. This obligation includes anticipating the capacity for such installation and installing the conduit that would service any future photovoltaic panels at that location. (e) Pico Neighborhood Outreach and Prioritization for Summer Program. Commencing in the Spring of 2014 and continuing on an annual basis thereafter, School shall perform the following targeted community outreach for school aged children and their parents residing within the Pico Neighborhood: (1) School shall include residents of the Pico Neighborhood in an annual admissions night which shall be held prior to fall applications (for regular school year admissions) being accepted. School shall provide outreach and notification of the event to the then current chair of the Pico Neighborhood Association and the Pico Boulevard Branch Public Library at Virginia Avenue Park. At this event, School’s admissions staff shall explain School’s application process, supply information

22000/Docs/Crossroads DA 06.14.13 Page 10

regarding the process for applying for financial aid for the School’s tuition, and be available to answer questions. (2) Annually prior to commencement of enrollment for the School’s annual Summer at Crossroads program, School shall (i) continue to host an event about School’s Summer at Crossroads program and (ii) shall provide outreach and notification of the event, the summer programs being offered, and the availability of financial aid to the then current chair of the Pico Neighborhood Association and the Pico Boulevard Branch Public Library at Virginia Avenue Park. (3) For School’s summer program, School shall prioritize residents of the Pico Neighborhood along with School’s existing students for both enrollment and financial aid. (f) LEED® Requirement. School has retained the services of a LEED Accredited Professional to consult with School regarding incorporation of sustainable design features for the Project and shall refine the Project’s design with the good faith goal of attaining the number of points that would be commensurate with achieving LEED® credits equivalent to a “Gold” certification under the LEED® Rating System. If the Project achieves the number of points that would be commensurate with achieving LEED® Gold certification, School shall not be required to submit the project to the Green Building Certification Institute to achieve LEED® certification. If despite School’s good faith effort, the Project does not achieve the number of points that would be commensurate with achieving LEED® credits equivalent to a “Gold” certification under the LEED® Rating System, School shall alternatively be required to obtain LEED® Silver certification for the Project. School shall confirm to the City that the design for the Project has achieved either (i) number of points that would be commensurate with achieving LEED® Gold certification or (ii) LEED® Silver certification (either of which shall be deemed to constitute the “LEED® Requirement”) in accordance with the following requirements of this Section 2.6.2(f). (1) Consistent with Article 6 of this Agreement, School has submitted a preliminary checklist of anticipated LEED® credits (that was be prepared by the LEED® accredited professional) for review by the City of Santa Monica Green Building Program Advisor (“Advisor”). (2) As part of School's set of plans and documents submitted to the City with School's plan check application for the Project’s building permit, School shall also submit the LEED® credits identified in clause (1) above (prepared by the LEED® accredited professional) for review by the Advisor to demonstrate that the Project is likely to achieve the LEED® Requirement. (3) If, in order to meet the LEED® Requirement, School elects to pursue achievement of the number of points that would be commensurate with achieving LEED® Gold certification instead of pursuing LEED® Silver certification (or a higher level of LEED® certification), the following provisions shall apply:

22000/Docs/Crossroads DA 06.14.13 Page 11

a) Prior to issuance of a final Certificate of Occupancy for the Project, the City's Green Building Program Advisor shall verify and approve (which approval shall not be unreasonably withheld, conditioned or delayed) that the LEED® credits identified in clause (1) above (prepared by the LEED® accredited professional) demonstrate that the Project is likely to achieve the LEED® Requirement. School shall meet with the Advisor at least 30 days prior to submitting the final LEED® credits for the Advisor's approval, and during such meeting School shall review the LEED® progress with the Advisor. b) Notwithstanding the foregoing, if the Advisor has not yet approved the LEED® credits that demonstrate that the constructed Project has achieved the LEED® Requirement, the City shall nonetheless issue a temporary Certificate of Occupancy for the Project (assuming that the Project is otherwise entitled to receive a temporary Certificate of Occupancy). The temporary Certificate of Occupancy shall be converted to a final Certificate of Occupancy once the Advisor determines that the LEED® credits for the Project demonstrate that the constructed Project has achieved the LEED® Requirement. (4) If School elects to pursue LEED® Silver certification (or a higher level of LEED® certification) to meet the LEED® Requirement, but the Project is denied certification for LEED® Silver certification by the Green Building Certification Institute and School is unwilling or unable to appeal the denial of certification, then the School shall ensure that the Project achieves certification to at least the Silver level under the LEED Existing Buildings Operations & Maintenance (LEED EBOM) rating system that is current at the time that the Certificate of Occupancy was issued for the Project. School shall ensure that the Project achieves the Silver level (or a higher level) LEED EBOM certification by no later than the third annual Periodic Review (as defined in Section 10.1) after issuance of the Certificate of Occupancy for the Project. The process provided in this Section provides a vehicle for assuring the LEED® Requirement is satisfied without delaying issuance of the final Certificate of Occupancy for this Project. (g) TDM. School shall maintain and implement the following Transportation Demand Management Plan ("TDM Plan"): (1) Maintain Employee Transportation Coordinator: An Employee Transportation Coordinator ("Coordinator") shall continue to be designated as required by the City of Santa Monica's Transportation Management Division in accordance with SMMC Section 9.16. The Coordinator shall continue to manage all aspects of this Transportation Demand Management TDM Plan. (2) Compliance with SMMC Section 9.16, Performance Targets and Monitoring. School shall comply with the SMMC Section 9.16. School shall prepare and file Employee Trip Reduction Plans for its sites (or a multi-site plan), that meet or exceed City requirements. School shall continue to implement the strategies outlined in the Employee Trip Reduction Plan filed by School for the year July 1, 2012 to June 30, 2013 except to the extent the City’s Transportation Demand Program Manager 22000/Docs/Crossroads DA 06.14.13 Page 12

approves modifications to such strategies in School’s future Employee Trip Reduction Plans. (3) School shall achieve an average vehicle ridership ("AVR") goal of (a) 1.6 for both a.m. and p.m. peak periods until the second year after opening of the Exposition light rail stations at Olympic Boulevard/26th Street and Colorado Avenue/17th Street and (b) 1.75 for both a.m. and p.m. peak periods by the third year after opening of the light rail stations at Olympic Boulevard/26th Street and Colorado Avenue/17th Street. The AVR goal applies to employees only. Failure to achieve the performance target herein shall not constitute a Default as defined in this Agreement. Should School not achieve the target AVR in any year, School shall revise its TDM strategies for the upcoming School year subject to the approval of the Planning Director, to achieve the performance target herein while not substantially increasing the cost of the TDM Program. Such revisions to the TDM Plan shall constitute Minor Modifications pursuant to DA Section 2.4.2 and shall not require an amendment to this Agreement. (4) Charge for Parking: School shall charge its employees that drive to work in a single-occupancy vehicle on a regular basis for parking on School’s campus. Such charge for parking shall be no less than the monthly parking rate in the City-operated beach parking lots. (5) Financial Incentives for Arriving to School through means other than Single-Occupancy Vehicle: School shall provide financial incentives to its employees that walk, bike, take public transportation, carpool (with increased incentives for more persons in the carpool) or otherwise arrive at School through means other than a single-occupancy vehicle. (6) Maintain Transportation Information Center: School shall maintain on-site, in a conspicuous location or locations, information for its employees and students about local public transit services (including bus lines, bus fare programs, light rail lines, ride share programs and shuttles) and bicycle facilities (including routes, rental and sales locations, and on-site bike racks). School shall also continue to provide walking and biking maps for its employees and students. (7) School shall promote ridesharing through newsletters or other communications to School’s employees, parents, students and visitors. (8)

Public Transit Subsidy In Lieu of Parking:

a) School shall offer all its newly-hired employees who do not purchase monthly automobile parking a free public transit pass valid every day for at least the first month of their employment. b) School shall also offer all its employees that utilize public transit to commute to and from School, at least 50% reimbursement for the cost of purchasing a public transit pass used for commuting to and from School.

22000/Docs/Crossroads DA 06.14.13 Page 13

(9) Maintain Guaranteed Return Trip: School shall continue to provide van pool, car pool, and transit reliant employees with a return trip (or to the point of commute origin), when a Personal Emergency Situation, or unplanned business-related activity requires it, for a maximum of four trips per year per employee. (10) Programs Aimed at Upper and Middle School Students and Parents: a) The Transportation Coordinator shall be designated to assist students and parents with planning alternative means of transportation to school, including ridesharing, bicycling, walking or taking transit. b) “Safe routes to school” bicycle and pedestrian training programs conducted annually for students and parents, in accordance with the SRTS Guide at www.saferoutesinfo.org, including: • • • • • •

Development or adaptation of SRTS curricula for middle and upper school students to address basic pedestrian and bike safety skills, Identifying pedestrian and bike routes to/from School’s campus and student homes, Safety programs, Education and encouragement programs, Events, and Bike, bus, and walk “buddies” matching.

c)

Celebrate “bike to school” day/week and other

d)

Transit and walking/biking information in

events to encourage ridesharing. registration packets. e) Promote carpooling, biking, walking, and transit use via newsletters and at parent meetings. f) Alert visitors to transit, biking, etc. options whenever parking information is provided in event flyers, advertisements, etc. g) Provide information about bus service and rideshare opportunities in the school bulletin and special announcements; feature the benefits of walking and bicycling in publications. h) Encourage and support carpooling to events, school, and services, by providing on-line and/or personalized matching services. i) Offer personalized trip planning assistance for students during registration process and as requested.

22000/Docs/Crossroads DA 06.14.13 Page 14

j) The School shall establish a method of collecting baseline/current data about how middle and upper school students generally travel to and from School (i.e. by single-occupancy vehicle, carpool, walking, biking, public transit, or other mode of transportation), shall collect such data, and shall report such data to the City annually. (11) Student Parking: School shall charge students that drive to School in a single-occupancy vehicle on a regular basis for parking on School’s campus. (12) Bicycle Parking: School shall provide a minimum of 50 bicycle parking spaces for employees, students, and visitors. School shall increase bicycle parking spaces on an as needed basis to meet peak bicycle parking demand for employees, students, and visitors. (13) Carpool Parking: School shall provide preferential parking for employees who commute to work in employer registered carpools. Such parking shall be either free or at a reduced rate compared with the parking charge for employees that commute to and from School in a single-occupancy vehicle. An employee who drives to work with at least one other employee at least four (4) days per week may register as a carpool entitled preferential parking. (14) Transportation Management Association: School shall be required to participate in the formation of a geographic-based Transportation Demand Management Association that may be defined by the City. If the City adopts a requirement that a Transportation Management Association be formed for this geographic area, School shall participate in organizational meetings and provide traffic demand data to the City and to the Transportation Management Association. (15) Changes to TDM Program. Subject to approval by the City’s Planning Director, School may modify this TDM program, including a reduction of the number of required bicycle racks (provided such racks are not needed to accommodate School’s demonstrated actual peak bicycle parking demand), provided the TDM program, as modified, can be demonstrated as equal or superior in its effectiveness in trip reduction for this Project. Any such modifications shall be considered Minor Modifications pursuant to Section 2.4.2 of this Agreement. 2.7

Parking.

(a) Prior to development of this Project, School has been required to provide 229 parking spaces pursuant to Administrative Approval No. 97-056. City and School agree that upon completion of this Project, 235 parking spaces shall be required. (b) On at least an annual basis, School shall notify all its employees, students and parents in writing not to park on the residential streets in the vicinity of School. School shall provide a copy of such notice to City as and when distributed. All new employees will be provided the same admonition during their orientation. 22000/Docs/Crossroads DA 06.14.13 Page 15

2.8

Design.

(a) Setbacks. School shall maintain the setbacks for the Project as shown on the Project Plans. In the event that any inconsistencies exist between the Zoning Ordinance and the setbacks established by this Agreement, then the setbacks required by this Agreement shall prevail. (b) Building Height. The maximum height of the building shall be as set forth on the Project Plans. In the event that any inconsistencies exist between the Zoning Ordinance and the building height allowed by this Agreement, then the building height allowed by this Agreement shall prevail. (c) Stepbacks. School shall maintain the stepbacks for the Project, if any, set forth on the Project Plans. In the event that any inconsistencies exist between the Zoning Ordinance and the stepbacks required by this Agreement, then the stepbacks established by this Agreement shall prevail. (d) Permitted Projections. Projections shall be permitted as reflected on the Project Plans. In the event that any inconsistencies exist between the Zoning Ordinance and the projections permitted by this Agreement, then the projections permitted by this Agreement shall prevail. Notwithstanding the foregoing, if School elects to satisfy its Private Developer Cultural Art Requirement (SMMC part 9.04.10.20) through on-site installation of art, School shall have the right to propose on-site installation of art on the roof of the Building, provided that the maximum height of any such art may not exceed 45 feet above the Property’s average natural grade unless (and only to the extent that), prior to that time, the City has adopted a new Zoning Ordinance and any such new Zoning Ordinance allows the height of on-site art to be treated as a permitted projection above 45 feet. Nothing in this Agreement, including this Section 2.8(d), shall prevent School from requesting and City from allowing additional height for art on the roof of the Building. (e) Signage. The location, size, materials, and color of any signage shall be reviewed by the ARB (or the Planning Commission on appeal) in accordance with the procedures set forth in Section 6.1 of this Agreement. All signs on the Property shall be subject to Chapter 9.52 of the SMMC (Santa Monica Sign Code) in effect as of the Effective Date, a copy of which is set forth in its entirety in Exhibit "E". Directional signs for vehicles shall be located at approaches to driveways as required by the City's Strategic Transportation Planning Division. ARTICLE 3 CONSTRUCTION 3.1 Construction Mitigation Plan. During the construction phase of the Project, School shall comply with the Construction Mitigation Plan attached as Exhibit “H” hereto.

22000/Docs/Crossroads DA 06.14.13 Page 16

3.2 Construction Hours. School shall be permitted to perform construction between the hours of 8:00 a.m. to 6:00 p.m. Monday through Friday, and 9:00 a.m. to 5:00 p.m. Saturday; provided that interior construction work which does not generate noise of more than thirty (30) decibels beyond the Property line may also be performed between the hours of 7:00 a.m. to 8:00 a.m. and 6:00 p.m. to 7:00 p.m. Monday through Friday, and 8:00 a.m. to 9:00 a.m. and 5:00 p.m. to 6:00 p.m. Saturday. Notwithstanding the foregoing, pursuant to SMMC Section 4.12.110(e), School has the right to seek a permit from the City authorizing construction activity during the times otherwise prohibited by this Section. The Parties acknowledge and agree that, among other things, afterhours construction permits can be granted for excavation, shoring, and concrete pours. 3.3 Outside Building Permit Issuance Date. If School has not been issued a building permit for the Project by the “Outside Building Permit Issuance Date” (defined below), then on the day after the Outside Building Permit Issuance Date, without any further action by either Party, this Agreement shall automatically terminate and be of no further force or effect. For purposes of clarity, if School has not been issued a building permit for the Project by the Outside Building Permit Issuance Date, the City shall not be required to pursue its remedies under Section 11.4 of this Agreement, and this Agreement shall, instead, automatically terminate. “Outside Building Permit Issuance Date” means the date that is the last day of the seventy-second (72nd) full calendar month after the Effective Date; provided that the Outside Building Permit Issuance Date may be extended by applicable Excusable Delays and otherwise in accordance with the remainder of this paragraph. If the approval by the ARB of the Project design does not occur within four (4) months of the submittal by School to the ARB of the Project design, then the Outside Building Permit Issuance Date shall be extended one month for each additional month greater than four that the final ARB approval is delayed. At any time before the last day of the seventy-second (72nd) full calendar month after the Effective Date (the "Extension Notice Date"), School may deliver written notice to the Planning Director, requesting an extension of the Outside Building Permit Issuance Date for an additional twelve (12) months. The Outside Building Permit Issuance Date may be administratively extended not more than three (3) times for an additional twelve (12) months per extension. The Planning Director may grant such extension if School can demonstrate substantial progress has been made towards obtaining a building permit and show reasonable cause why School will not be able to obtain the building permit for the Project by the initial Outside Building Permit Issuance Date and can demonstrate that: (a) the condition of the Property will not adversely affect public health or safety and (b) the continued delay will not create any unreasonable visual or physical detriment to the neighborhood. 3.4 Construction Period. Construction of the Project shall be subject to the provisions of SMMC Section 8.08.070. 3.5 Damage or Destruction. If the Project, or any part thereof, is damaged or destroyed during the term of this Agreement, School shall be entitled to reconstruct the Project in accordance with this Agreement if: (a) School obtains a building permit for this reconstruction prior to the expiration of this Agreement and (b) the Project is found 22000/Docs/Crossroads DA 06.14.13 Page 17

to be consistent with the City’s General Plan in effect at the time of obtaining the building permit. 3.6 Possession of Property. No building permit, grading permit, or excavation permit may be approved until the School has demonstrated to the satisfaction of the City Attorney's Office that School has obtained fee ownership and possession of all of the Property required for development of the Project. 3.7 Completed and Final Landmarks Commission Review of Property. Demolition of the existing buildings located on the Property shall be exempt from any further Landmarks Commission review up through the Outside Building Permit Issuance Date. ARTICLE 4 PROJECT FEES, EXACTIONS, AND CONDITIONS 4.1 Fees, Exactions, and Conditions. Except as expressly set forth in Section 2.6.2 (relating to Community Benefits), Section 4.2 (relating to modifications), and Section 5.2 (relating to Subsequent Code Changes) below, the City shall charge and impose only those fees, exactions, conditions, and standards of construction set forth in this Agreement, including Exhibits “C”, “D” and “I” attached hereto, and no others. 4.2 Conditions on Modifications. The City may impose fees, exactions, and conditions in connection with its approval of Minor or Major Modifications, provided that all fees, exactions, and conditions shall be in accordance with any applicable law. 4.3

Implementation of Conditions of Approval.

4.3.1 Compliance with Conditions of Approval. School shall be responsible to adhere to the conditions of approval set forth in Exhibit “D” in accordance with the timelines established in Exhibit "D". 4.3.2 Survival of Conditions of Approval. If School proceeds with the construction of the Project, except as otherwise expressly limited in this Agreement, the obligations and requirements imposed by the conditions of approval set forth in the attached Exhibit “D” shall survive the expiration of the Term of this Agreement and shall remain binding on School, its successors and assigns, and shall continue in effect for the life of the Project.

22000/Docs/Crossroads DA 06.14.13 Page 18

ARTICLE 5 EFFECT OF AGREEMENT ON CITY LAWS AND REGULATIONS 5.1 Development Standards for the Property; Existing Regulations. The following development standards and restrictions set forth in this Section 5.1 govern the use and development of the Project and shall constitute the Existing Regulations, except as otherwise expressly required by this Agreement. 5.1.1

Defined Terms. The following terms shall have the meanings set

forth below: (a) “Existing Regulations” collectively means all of the following which are in force and effect as of the Effective Date: (i) the General Plan (including, without limitation, the LUCE); (ii) the Zoning Ordinance except as modified herein; (iii) the IZO; (iv) any and all ordinances, rules, regulations, standards, specifications and official policies of the City governing, regulating or affecting the demolition, grading, design, development, building, construction, occupancy or use of buildings and improvements or any exactions therefore, except as amended by this Agreement; and (v) the development standards and procedures in Article 2 of this Agreement. (b) “Subsequent Code Changes” collectively means all of the following which are adopted or approved subsequent to the Effective Date, whether such adoption or approval is by the City Council, any department, division, office, board, commission or other agency of the City, by the people of the City through charter amendment, referendum, initiative or other ballot measure, or by any other method or procedure: (i) any amendments, revisions, additions or deletions to the Existing Regulations; or (ii) new codes, ordinances, rules, regulations, standards, specifications and official policies of the City governing or affecting the grading, design, development, construction, occupancy or use of buildings or improvements or any exactions therefor. “Subsequent Code Changes” includes, without limitation, any amendments, revisions or additions to the Existing Regulations imposing or requiring the payment of any fee, special assessment or tax. 5.1.2 Existing Regulations Govern the Project. Except as provided in Section 5.2, development of the Building and improvements that will comprise the Project, including without limitation, the development standards for the demolition, grading, design, development, construction, occupancy or use of such Building and improvements, and any exactions therefor, shall be governed by the Existing Regulations. The City agrees that this Agreement is consistent with the General Plan, including the LUCE, as more fully described in the Recitals. Any provisions of the Existing Regulations inconsistent with the provisions of this Agreement, to the extent of such inconsistencies and not further, are hereby deemed modified to that extent necessary to effectuate the provisions of this Agreement. The Project shall be exempt from: (a) all Discretionary Approvals or review by the City or any agency or body thereof, other than the matters of architectural review by the ARB as specified in Section 6.1 and review of 22000/Docs/Crossroads DA 06.14.13 Page 19

modifications to the Project as expressly set forth in Sections 2.4.2 and 2.4.3; (b) the application of any subsequent local development or building moratoria, development or building rationing systems or other restrictions on development which would adversely affect the rate, timing, or phasing of construction of the Project, and (c) Subsequent Code Changes which are inconsistent with this Agreement. 5.2

Permitted Subsequent Code Changes.

5.2.1 Applicable Subsequent Code Changes. Notwithstanding the terms of Section 5.1, this Agreement shall not prevent the City from applying to the Project the following Subsequent Code Changes set forth below in this Section 5.2.1. (a) Processing fees and charges imposed by the City to cover the estimated actual costs to City of processing applications for development approvals including: (i) all application, permit, and processing fees incurred for the processing of this Agreement, any administrative approval of a Minor Modification, or any amendment of this Agreement in connection with a Major Modification; (ii) all building plan check and building inspection fees for work on the Property in effect at the time an application for a grading permit or building permit is applied for; and (iii) the public works plan check fee and public works inspection fee for public improvements constructed and installed by School and (iv) fees for monitoring compliance with any development approvals; provided that such fees and charges are uniformly imposed by the City at similar stages of project development on all similar applications and for all similar monitoring. (b) General or special taxes, including, but not limited to, property taxes, sales taxes, parcel taxes, transient occupancy taxes, business taxes, which may be applied to the Property or to businesses occupying the Property; provided that (i) the tax is of general applicability City-wide and does not burden the Property disproportionately to other similar developments within the City; and (ii) the tax is not a levy, assessment, fee or tax imposed for the purpose of funding public or private improvements on other property located within the Industrial Conservation District (as defined in the City’s General Plan as of the Effective Date). (c) Procedural regulations relating to hearing bodies, petitions, applications, notices, documentation of findings, records, manner in which hearings are conducted, reports, recommendations, initiation of appeals, and any other matters of procedure; provided such regulations are uniformly imposed by the City on all matters, do not result in any unreasonable decision-making delays and do not affect the substantive findings by the City in approving this Agreement or as otherwise established in this Agreement. (d) Regulations governing construction standards and specifications which are of general application that establish standards for the construction and installation of structures and associated improvements, including, without limitation, the City’s Building Code, Plumbing Code, Mechanical Code, Electrical Code and Fire Code; provided that such construction standards and 22000/Docs/Crossroads DA 06.14.13 Page 20

specifications are applied on a City-wide basis and do not otherwise limit or impair the Project approvals granted in this Agreement unless adopted to meet health and safety concerns. (e)

Any City regulations to which School has consented in

writing. (f) Collection of such fees or exactions as are imposed and set by governmental entities not controlled by City but which are required to be collected by City. (g) Regulations which do not impair the rights and approvals granted to School under this Agreement. For the purposes of this Section 5.2.1(g), regulations which impair School’s rights or approvals include, but are not limited to, regulations which (i) materially increase the cost of the Project (except as provided in Section 5.2.1(a), (b), and (d) above), or (ii) which would materially delay development of the Project or that would cause a material change in the uses of the Project as provided in this Agreement. 5.2.2 New Rules and Regulations. This Agreement shall not be construed to prevent the City from applying new rules, regulations and policies in those circumstances specified in Government Code Section 65866. 5.2.3 State or Federal Laws. In the event that state or federal laws or regulations, enacted after the Effective Date, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations; provided that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 5.3 Common Set of Existing Regulations. Prior to the Effective Date, the City and School shall use reasonable efforts to identify, assemble and copy three identical sets of the Existing Regulations, to be retained by the City and School, so that if it becomes necessary in the future to refer to any of the Existing Regulations, there will be a common set of the Existing Regulations available to all Parties. 5.4 Conflicting Enactments. Except as provided in Section 5.2 above, any Subsequent Code Change which would conflict in any way with or be more restrictive than the Existing Regulations shall not be applied by the City to any part of the Property. School may, in its sole discretion, give the City written notice of its election to have any Subsequent Code Change applied to such portion of the Property as it may have an interest in, in which case such Subsequent Code Change shall be deemed to be an Existing Regulation insofar as that portion of the Property is concerned. If there is any conflict or inconsistency between the terms and conditions of this Agreement and the Existing Regulations, the terms and conditions of this Agreement shall control.

22000/Docs/Crossroads DA 06.14.13 Page 21

5.5 Timing of Development. The California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties in that case to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over the parties’ agreement. It is the intent of School and the City to cure that deficiency by expressly acknowledging and providing that any Subsequent Code Change that purports to limit over time the rate or timing of development or to alter the sequencing of development phases (whether adopted or imposed by the City Council or through the initiative or referendum process) shall not apply to the Property or the Project and shall not prevail over this Agreement. In particular, but without limiting any of the foregoing, no numerical restriction shall be placed by the City on the amount of total square feet or the number of buildings, structures, residential units that can be built each year on the Property except as expressly provided in this Agreement. ARTICLE 6 ARCHITECTURAL REVIEW BOARD 6.1 Architectural Review Board Approval. The Project shall be subject to review and approval or conditional approval by the ARB in accordance with design review procedures in effect under the Existing Regulations. Consistent with Existing Regulations, the ARB cannot require modifications to the building design which negates the fundamental development standards established by this Agreement. For example, the ARB cannot require reduction in the overall height of the buildings, reduction in the number of stories in the buildings, reduction in density, or reduction in Floor Area either by floor or in aggregate from the building. Decisions of the ARB are appealable to the Planning Commission in accordance with the Existing Regulations. 6.2 Concurrent Processing. School may concurrently process plan check (SMMC § 8.08.060) with ARB design review (SMMC ch. 9.32); provided, however, that School hereby agrees to accept the risk of plan check revisions if necessitated by the outcome of the ARB design review. ARTICLE 7 CITY TECHNICAL PERMITS 7.1 Definitions. For purposes of this Agreement, the following terms shall have the meanings set forth below: 7.1.1 “Technical City Permits” means any Ministerial Approvals, consents or permits from the City or any office, board, commission, department, division or agency of the City, which are necessary for the actual construction of the Project or any portion thereof in accordance with the Project Site Plan and this Agreement. Technical City Permits include, without limitation (a) building permits, (b) related mechanical, electrical, plumbing and other technical permits, (c) demolition, excavation

22000/Docs/Crossroads DA 06.14.13 Page 22

and grading permits, (d) encroachment permits, (e) tiebacks and shoring permits, and (f) temporary and final certificates of occupancy. 7.1.2 “Technical Permit Applications” means any applications required to be filed by School for any Technical City Permits. 7.2

Diligent Action by City.

7.2.1 Upon satisfaction of the conditions set forth in Section 7.3, the City shall accept the Technical Permit Applications filed by School with the City and shall diligently proceed to process such Technical Permit Applications to completion. 7.2.2 Upon satisfaction of the conditions set forth in Section 7.3, the City shall diligently issue the Technical City Permits which are the subject of the Technical Permit Applications. 7.3

Conditions for Diligent Action by the City.

7.3.1 Acceptance and Processing of Technical Permit Applications. The obligation of the City to accept and diligently process the Technical Permit Applications which are filed by School, and then issue the Technical City Permits, is subject to the satisfaction of the following conditions: (a) School shall have completed and filed all Technical Permit Applications which are required under the administrative procedures and policies of the City which are in effect on the date when the Technical Permit Application is filed; provided that such procedures and policies are uniformly in force and effect throughout the City; (b) School shall have paid all processing and permit fees established by the City in connection with the filing and processing of any Technical Permit Application which are in effect on the date when the Technical Permit Application is filed; provided that such fees are uniformly in force and effect throughout the City; and (c) If required for the particular Technical Permit Application, School shall have obtained the approval of the ARB referred to in Section 6.1.1 above. 7.3.2 Issuance of a Technical City Permit. The obligation of the City to issue a Technical City Permit which is the subject of a Technical Permit Application filed by School is subject to the satisfaction of the following conditions (and only such conditions and no others): (a) School shall have complied with all of its obligations under this Agreement which are required to be performed prior to or concurrent with the issuance of the Technical City Permits for the proposed Building;

22000/Docs/Crossroads DA 06.14.13 Page 23

(b) School shall have received any permits or approvals from other governmental agencies which are required by law to be issued prior to or concurrent with the issuance of the Technical City Permits for the proposed Building; (c) The proposed Building conforms to the development standards for such Building established in this Agreement. In the event that a proposed Building is not in conformance with the development standards, School shall have the right to seek any relief from such standards under the procedures then available in the City; and (d) The proposed Building conforms to the Administrative and Technical Construction Codes of the City (Article VIII, Chapter 1 of the Santa Monica Municipal Code) (the “Technical Codes”) in effect on the date that the Technical Permit Application is filed . 7.3.3 New Technical Requirements. From time to time, the City’s Technical Codes are amended to meet new technical requirements related to techniques of building and construction. If the sole means of achieving compliance for the Project with such revisions to the Technical Codes made after the Effective Date (“New Technical Requirements”) would require an increase from the allowable Building Height established in this Agreement for the Project, then the Planning Director is hereby authorized to grant School limited relief from the allowable Building Height without amending this Agreement if the requested relief is in compliance with the City’s General Plan. Any such approval shall be granted only after the Planning Director’s receipt of a written request for such relief from School. School is required to supply the Planning Director with written documentation of the fact that compliance with the New Technical Requirements cannot be achieved by some other method. Any such relief shall only be granted to the extent necessary in the Planning Director’s determination for School to comply with the New Technical Requirements. 7.4 Duration of Technical City Permits. The duration of Technical City Permits issued by the City, and any extensions of the time period during which such Technical City Permits remain valid, shall be established in accordance with the Technical Codes in effect at the time that the Technical City Permits are issued. Subject to the terms of the next sentence, the lapse or expiration of a Technical City Permit shall not preclude or impair School from subsequently filing another Technical Permit Application for the same matter during the Term of this Agreement, which shall be processed by the City in accordance with the provisions of this ARTICLE 7. Notwithstanding anything to the contrary in this Agreement, if School obtains building permits for the Project and, at any time after the Outside Construction Start Date, such building permits expire or are revoked pursuant to the applicable terms of the SMMC (as the same may be amended from time to time), then School may not subsequently apply for new building permits for the Project without first obtaining the prior written consent of the Planning Director, which may be granted or withheld in the Planning Director’s sole discretion. 7.5

[Reserved]

22000/Docs/Crossroads DA 06.14.13 Page 24

ARTICLE 8 AMENDMENT AND MODIFICATION 8.1 Amendment and Modification of Development Agreement. Subject to the notice and hearing requirements of the applicable Development Agreement Statutes, this Agreement may be modified or amended from time to time only with the written consent of School and the City or their successors and assigns in accordance with the provisions of the SMMC and Section 65868 of the California Government Code. ARTICLE 9 TERM 9.1 Effective Date. This Agreement shall be dated, and the obligations of the Parties hereunder shall be effective as of the date upon which the ordinance approving this Agreement becomes effective (the “Effective Date”). The Parties shall execute this Agreement within ten (10) working days of the Effective Date. 9.2

Term.

9.2.1 Term of Agreement. The term of this Agreement shall commence on the Effective Date and shall continue for twenty (20) years thereafter (the “Term”), unless the Term is otherwise terminated pursuant to Section 11.4, after the satisfaction of all applicable public hearing and related procedural requirements or pursuant to Section 3.3. 9.2.2 Termination Certificate. Upon termination of this Agreement, the Parties hereto shall execute an appropriate certificate of termination in recordable form (a “Termination Certificate”), which shall be recorded in the official records of Los Angeles County. 9.2.3 Effect of Termination. Except as expressly provided herein (e.g., Section 4.3.2), none of the parties' respective rights and obligations under this Agreement shall survive the Term. ARTICLE 10 PERIODIC REVIEW OF COMPLIANCE 10.1 City Review. The City shall review compliance with this Development Agreement once each year, on or before each anniversary of the Effective Date (each, a “Periodic Review”), in accordance with this Article 10 in order to determine whether or not School is out-of-compliance with any specific term or provision of this Agreement. 10.2 Evidence of Good Faith Compliance. At least sixty (60) days prior to the applicable anniversary date, School shall deliver to the City a written report demonstrating that School has been in good faith compliance with this Agreement during 22000/Docs/Crossroads DA 06.14.13 Page 25

the twelve (12) month period prior to the anniversary of the Effective Date. The written report shall be provided in the form established by the City. For purposes of this Agreement, the phrase “good faith compliance” shall mean the following: (a) compliance by School with the requirements of the Existing Regulations, except as otherwise modified by this Agreement; and (b) compliance by School with the terms and conditions of this Agreement, subject to the existence of any specified Excusable Delays (as defined in Section 15.8 below) which prevented or delayed the timely performance by School of any of its obligations under this Agreement. 10.3 Information to be Provided to School. Prior to any public hearing concerning the Periodic Review of this Agreement, the City shall deliver to School a copy of all staff reports prepared in connection with a Periodic Review, written comments from the public and, to the extent practical, all related exhibits concerning such Periodic Review. If the City delivers to School a Notice of Breach pursuant to Section 11.1 below, the City shall concurrently deliver to School a copy of all staff reports prepared in connection with such Notice of Breach, all written comments from the public and all related exhibits concerning such Notice of Breach. 10.4 Notice of Breach; Cure Rights. If during any Periodic Review, the City reasonably concludes on the basis of substantial evidence that School has not demonstrated that it is in good faith compliance with this Agreement, then the City may issue and deliver to School a written Notice of Breach pursuant to Section 11.1 below, and School shall have the opportunity to cure the default identified in the Notice of Breach during the cure periods and in the manner provided by Section 11.2 and Section 11.3, as applicable. 10.5 Failure of Periodic Review. The City’s failure to review at least annually compliance by School with the terms and conditions of this Agreement shall not constitute or be asserted by any Party as a breach by any other Party of this Agreement. 10.6 Termination of Development Agreement. If School fails to timely cure any item(s) of non-compliance set forth in a Notice of Default, then the City shall have the right but not the obligation to initiate proceedings for the purpose of terminating this Agreement pursuant to Section 11.4 below. 10.7 City Cost Recovery. Following completion of each Periodic Review, School shall reimburse the City for its actual and reasonable costs incurred in connection with such review.

22000/Docs/Crossroads DA 06.14.13 Page 26

ARTICLE 11 DEFAULT 11.1

Notice and Cure.

11.1.1 Breach. If either Party fails to substantially to perform any term, covenant or condition of this Agreement which is required on its part to be performed (a “Breach”), the non-defaulting Party shall have those rights and remedies provided in this Agreement; provided that such non-defaulting Party has first sent a written notice of Breach (a “Notice of Breach”), in the manner required by Section 15.1, specifying the precise nature of the alleged Breach (including references to pertinent Sections of this Agreement and the Existing Regulations or Subsequent Code Changes alleged to have been breached), and the manner in which the alleged Breach may satisfactorily be cured. If the City alleges a Breach by School, the City shall also deliver a copy of the Notice of Breach to any Secured Lender of School which has delivered a Request for Notice to the City in accordance with Article 12. 11.1.2 Monetary Breach. In the case of a monetary Breach by School, School shall promptly commence to cure the identified Breach and shall complete the cure of such Breach within thirty (30) business days after receipt by School of the Notice of Breach; provided that if such monetary Breach is the result of an Excusable Delay or the cure of the same is delayed as a result of an Excusable Delay, School shall deliver to the City reasonable evidence of the Excusable Delay. 11.1.3 Non-Monetary Breach. In the case of a non-monetary Breach by either Party, the alleged defaulting Party shall promptly commence to cure the identified Breach and shall diligently prosecute such cure to completion; provided that the defaulting Party shall complete such cure within thirty (30) days after receipt of the Notice of Breach or provide evidence of Excusable Delay that prevents or delays the completion of such cure. The thirty (30) day cure period for a non-monetary Breach shall be extended as is reasonably necessary to remedy such Breach; provided that the alleged defaulting Party commences such cure promptly after receiving the Notice of Breach and continuously and diligently pursues such remedy at all times until such Breach is cured. 11.1.4 Excusable Delay. Notwithstanding anything to the contrary contained in this Agreement, the City’s exercise of any of its rights or remedies under this Article 11 shall be subject to the provisions regarding Excusable Delay in Section 15.8 below. 11.2 Remedies for Monetary Default. If there is a Breach by School in the performance of any of its monetary obligations under this Agreement which remains uncured (a) thirty (30) business days after receipt by School of a Notice of Breach from the City and (b) after expiration of Secured Lender’s Cure Period under Section 12.1 (if a Secured Lender of School has delivered a Request for Notice to the City in accordance with Section 12.1), then an “Event of Monetary Default” shall have occurred by School and the City shall have available any right or remedy provided in this Agreement, at law 22000/Docs/Crossroads DA 06.14.13 Page 27

or in equity. All of said remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of said remedies shall not constitute a waiver or election in respect to any other available remedy. 11.3

Remedies for Non-Monetary Default.

11.3.1 Remedies of Parties. If any Party receives a Notice of Breach from the other Party regarding a non-monetary Breach, and the non-monetary Breach remains uncured: (a) after expiration of all applicable notice and cure periods, and (b) in the case of a Breach by School, after the expiration of Secured Lender’s Cure Period under Section 12.1 (if a Secured Lender of School has delivered a Request for Notice to the City in accordance with Section 12.1), then an “Event of Non-Monetary Default” shall have occurred and the non-defaulting Party shall have available any right or remedy provided in this Agreement, or provided at law or in equity except as prohibited by this Agreement. All of said remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of said remedies shall not constitute a waiver or election in respect to any other available remedy. 11.3.2 Specific Performance. The City and School acknowledge that monetary damages and remedies at law generally are inadequate and that specific performance is an appropriate remedy for the enforcement of this Agreement. Therefore, unless otherwise expressly provided herein, the remedy of specific performance shall be available to the non-defaulting party if the other Party causes an Event of Non-Monetary Default to occur. 11.3.3 Writ of Mandate. The City and School hereby stipulate that School shall be entitled to obtain relief in the form of a writ of mandate in accordance with Code of Civil Procedure Section 1085 or Section 1094.5, as appropriate, to remedy any Event of Non-Monetary Default by the City of its obligations and duties under this Agreement. Nothing in this Section 11.3.3, however, is intended to alter the evidentiary standard or the standard of review applicable to any action of, or approval by, the City pursuant to this Agreement or with respect to the Project. 11.3.4 No Damages Relief Against City. It is acknowledged by School that the City would not have entered into this Agreement if the City were to be liable in damages under or with respect to this Agreement or the application thereof. Consequently, and except for the payment of attorneys’ fees and court costs, the City shall not be liable in damages to School and School covenants on behalf of itself and its successors in interest not to sue for or claim any damages: (a)

for any default under this Agreement;

(b) for the regulatory taking, impairment or restriction of any right or interest conveyed or provided hereunder or pursuant hereto; or (c) arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. 22000/Docs/Crossroads DA 06.14.13 Page 28

The City and School agree that the provisions of this Section 11.3.4 do not apply for damages which: (a)

do not arise under this Agreement;

(b) are not with respect to any right or interest conveyed or provided under this Agreement or pursuant to this Agreement; or (c) do not arise out of or which are not connected to any dispute, controversy, or issue regarding the application, interpretation, or effect of the provisions of this Agreement or the application of any City rules, regulations, or official policies. 11.3.5 Enforcement by the City. The City, at its discretion, shall be entitled to apply the remedies set forth in Chapters 1.09 and 1.10 of the SMMC as the same may be amended from time to time and shall follow the notice procedures of Chapter 1.09 and 1.10 respectively in lieu of Section 11.1 of this Agreement if these remedies are applied. 11.3.6 No Damages Against School. It is acknowledged by the City that School would not have entered into this Agreement if School were to be liable in damages in connection with any non-monetary default hereunder. Consequently, and except for the payment of attorneys’ fees and court costs, School shall not be liable in damages to the City for any nonmonetary default and the City covenants on behalf of itself not to sue for or claim any damages: (a)

for any non-monetary default hereunder or;

(b)

arising out of or connected with any dispute, controversy or

(c)

the application or interpretation or effect of the provisions

issue regarding; of this Agreement. The City and School agree that the provisions of this Section 11.3.6 do not apply for damages which: (a)

are for a monetary default; or

(b) do not arise out of or which are not connected with any dispute, controversy or issue regarding the application, interpretation, or effect of the provisions of this Agreement to or the application of, any City rules, regulations, or official policies. 11.3.7 No Other Limitations. Except as expressly set forth in this Section 11.3, the provisions of this Section 11.3 shall not otherwise limit any other rights, remedies, or causes of action that either the City or School may have at law or equity after the occurrence of any Event of Non-Monetary Default. 22000/Docs/Crossroads DA 06.14.13 Page 29

11.4

Modification or Termination of Agreement by City.

11.4.1 Default by School. If School causes either an Event of Monetary Default or an Event of Non-Monetary Default, then the City may commence proceedings to modify or terminate this Agreement pursuant to this Section 11.4. 11.4.2 Procedure for Modification or Termination. The procedures for modification or termination of this Agreement by the City for the grounds set forth in Section 11.4.1 are as follows: (a) The City shall provide a written notice to School (and to any Secured Lender of School which has delivered a Request for Notice to the City in accordance of Section 12.1) of its intention to modify or terminate this Agreement unless School (or the Secured Lender) cures or corrects the acts or omissions that constitute the basis of such determinations by the City (a “Hearing Notice”). The Hearing Notice shall be delivered by the City to School in accordance with Section 15.1 and shall contain the time and place of a public hearing to be held by the City Council on the determination of the City to proceed with modification or termination of this Agreement. The public hearing shall not be held earlier than: (i) thirty-one (31) days after delivery of the Hearing Notice to School or (ii) if a Secured Lender has delivered a Request for Notice in accordance with Section 12.1, the day following the expiration of the “Secured Lender Cure Period” (as defined in Section 12.1). (b) If, following the conclusion of the public hearing, the City Council: (i) determines that an Event of Non-Monetary Default has occurred or the School has not been in good faith compliance with this Agreement pursuant to Section 10.1, as applicable and (ii) further determines that School (or the Secured Lender, if applicable) has not cured (within the applicable cure periods) the acts or omissions that constitute the basis of the determination under clause (i) above or if those acts or omissions could not be reasonably remedied prior to the public hearing that School (or the Secured Lender) has not in good faith commenced to cure or correct such acts or omissions prior to the public hearing or is not diligently and continuously proceeding therewith to completion, then upon making such conclusions, the City Council may modify or terminate this Agreement. The City cannot unilaterally modify the provisions of this Agreement pursuant to this Section 11.4. Any such modification requires the written consent of School. If the City Council does not terminate this Agreement, but proposes a modification to this Agreement as a result of the public hearing and School does not (within five (5) days of receipt) execute and deliver to the City the form of modification of this Agreement submitted to School by the City, then the City Council may elect to terminate this Agreement at any time after the sixth day after School’s receipt of such proposed modification.

22000/Docs/Crossroads DA 06.14.13 Page 30

11.5 Cessation of Rights and Obligations. If this Agreement is terminated by the City pursuant to and in accordance with Section 11.4, the rights, duties and obligations of the Parties under this Agreement shall cease as of the date of such termination, except only for those rights and obligations that expressly survive the termination of this Agreement. In such event, any and all benefits, including money received by the City prior to the date of termination, shall be retained by the City. 11.6 Completion of Improvements. Notwithstanding the provisions of Sections 11.2, 11.3, 11.4, and 11.5, if prior to termination of this Agreement, School has performed substantial work and incurred substantial liabilities in good faith reliance upon a building permit issued by the City, then School shall have acquired a vested right to complete construction of the Building in accordance with the terms of the building permit and occupy or use each such Building upon completion for the uses permitted for that Building as provided in this Agreement. Any Building completed or occupied pursuant to this Section 11.6 shall be considered legal non-conforming subject to all City ordinances standards and policies as they then exist governing legal non-conforming buildings and uses unless the Building otherwise complies with the property development standards for the district in which it is located and the use is otherwise permitted or conditionally permitted in the district. ARTICLE 12 MORTGAGEES 12.1 Encumbrances on the Property. This Agreement shall not prevent or limit School (in its sole discretion), from encumbering the Property (in any manner) or any portion thereof or any improvement thereon by any mortgage, deed of trust, assignment of rents or other security device securing financing with respect to the Property (a “Mortgage”). Each mortgagee of a mortgage or a beneficiary of a deed of trust (each, a “Secured Lender”) on the Property shall be entitled to the rights and privileges set forth in this ARTICLE 12. Any Secured Lender may require from the City certain interpretations of this Agreement. The City shall from time to time, upon request made by School, meet with School and representatives of each of its Secured Lenders to negotiate in good faith any Secured Lender’s request for interpretation of any part of this Agreement. The City will not unreasonably withhold, condition or delay the delivery to a Secured Lender of the City’s written response to any such requested interpretation. 12.1.1 Mortgage Not Rendered Invalid. Except as provided in Section 12.1.2, neither entering into this Agreement nor a Breach of this Agreement, nor any Event of Monetary Default nor any Event of Non-Monetary Default shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value. 12.1.2 Priority of Agreement. This Agreement shall be superior and senior to the lien of any Mortgage. Any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof by a Secured Lender or its successor in interest (whether pursuant to foreclosure, trustee’s sale, deed in lieu of

22000/Docs/Crossroads DA 06.14.13 Page 31

foreclosure, lease termination or otherwise) shall be subject to all of the terms and conditions of this Agreement. 12.1.3

Right of Secured Lender to Cure Default.

(a) A Secured Lender may give notice to the City, specifying the name and address of such Secured Lender and attaching thereto a true and complete copy of the Mortgage held by such Secured Lender, specifying the portion of the Property that is encumbered by the Secured Lender’s lien (a “Request for Notice”). If the Request for Notice has been given, at the same time the City sends to School any Notice of Breach or Hearing Notice under this Agreement, then if such Notice of Breach or Hearing Notice affects the portion of the Property encumbered by the Secured Lender’s lien, the City shall send to such Secured Lender a copy of each such Notice of Breach and each such Hearing Notice from the City to School. The copy of the Notice of Breach or the Hearing Notice sent to the Secured Lender pursuant to this Section 12.1.3(a) shall be addressed to such Secured Lender at its address last furnished to the City. The period within which a Secured Lender may cure a particular Event of Monetary Default or Event of Non-Monetary Default shall not commence until the City has sent to the Secured Lender such copy of the applicable Notice of Breach or Hearing Notice. (b) After a Secured Lender has received a copy of such Notice of Default or Hearing Notice, such Secured Lender shall thereafter have a period of time (in addition to any notice and/or cure period afforded to School under this Agreement) equal to: (a) ten (10) business days in the case of any Event of Monetary Default and (b) thirty (30) days in the case of any Event of Non-Monetary Default, during which period the Secured Lender may provide a remedy or cure of the applicable Event of Monetary Default or may provide a remedy or cure of the applicable Event of Non-Monetary Default; provided that if the cure of the Event of Non-Monetary Default cannot reasonably be completed within thirty days, Secured Lender may, within such 30-day period, commence to cure the same and thereafter diligently prosecute such cure to completion (a “Secured Lender’s Cure Period”). If School has caused an Event of Monetary Default or an Event of Non-Monetary Default, then each Secured Lender shall have the right to remedy such Event of Monetary Default or an Event of Non-Monetary Default, as applicable, or to cause the same to be remedied prior to the conclusion of the Secured Lender’s Cure Period and otherwise as herein provided. The City shall accept performance by any Secured Lender of any covenant, condition, or agreement on School’s part to be performed hereunder with the same force and effect as though performed by School. (c) The period of time given to the Secured Lender to cure any Event of Monetary Default or an Event of Non-Monetary Default by School which reasonably requires that said Secured Lender be in possession of the Property to do so, shall be deemed extended to include the period of time reasonably required by said Secured Lender to obtain such possession (by foreclosure, the appointment of a receiver or otherwise) promptly and with due diligence; provided that during such period all other

22000/Docs/Crossroads DA 06.14.13 Page 32

obligations of School under this Agreement, including, without limitation, payment of all amounts due, are being duly and promptly performed. 12.1.4

Secured Lender Not Obligated Under this Agreement.

(a) No Secured Lender shall have any obligation or duty under this Agreement to perform the obligations of School’s or the affirmative covenants of School’s hereunder or to guarantee such performance unless and until such time as a Secured Lender takes possession or becomes the owner of the estate covered by its Mortgage. If the Secured Lender takes possession or becomes the owner of any portion of the Property, then from and after that date, the Secured Lender shall be obligated to comply with all provisions of this Agreement; provided that the Secured Lender shall not be responsible to the City for any unpaid monetary obligations of School that accrued prior to the date the Secured Lender became the fee owner of the Property. (b) Nothing in Section 12.1.4(a) is intended, nor should be construed or applied, to limit or restrict in any way the City’s authority to terminate this Agreement, as against any Secured Lender as well as against School if any curable Event of Monetary Default or an Event of Non-Monetary Default is not completely cured within the Secured Lender’s Cure Period. ARTICLE 13 TRANSFERS AND ASSIGNMENTS 13.1

Transfers and Assignments.

13.1.1 Not Severable from Ownership Interest in Property. This Agreement shall not be severable from School’s interest in the Property and any transfer of the Property or any portion thereof shall automatically operate to transfer the benefits and burdens of this Agreement with respect to the transferred Property or transferred portions, as applicable. 13.1.2 Transfer Rights. School may freely sell, transfer, exchange, hypothecate, encumber or otherwise dispose of its interest in the Property, without the consent of the City. School shall, however, give written notice to the City, in accordance with Section 15.1, of any transfer of the Property, disclosing in such notice (a) the identity of the transferee of the Property (the “Property Transferee”) and (b) the address of the Property Transferee as applicable. 13.2 Release Upon Transfer. Upon the sale, transfer, exchange or hypothecation of the rights and interests of School to the Property, School shall be released from its obligations under this Agreement to the extent of such sale, transfer or exchange with respect to the Property if : (a) School has provided written notice of such transfer to City; and (b) the Property Transferee executes and delivers to City a written agreement in which the Property Transferee expressly and unconditionally assumes all of the obligations of School under this Agreement with respect to the Property in the form of Exhibit "I" attached hereto (the “Assumption Agreement”). Upon such transfer of 22000/Docs/Crossroads DA 06.14.13 Page 33

the Property and the express assumption of School’s obligations under this Agreement by the transferee, the City agrees to look solely to the transferee for compliance with the provisions of this Agreement. Any such transferee shall be entitled to the benefits of this Agreement as “School” hereunder and shall be subject to the obligations of this Agreement. Failure to deliver a written Assumption Agreement hereunder shall not affect the transfer of the benefits and burdens as provided in Section 13.1, provided that the transferor shall not be released from its obligations hereunder unless and until the executed Assumption Agreement is delivered to the City. ARTICLE 14 INDEMNITY TO CITY 14.1 Indemnity. School agrees to and shall defend, indemnify and hold harmless the City, its City Council, boards and commissions, officers, agents, employees, volunteers and other representatives (collectively referred to as “City Indemnified Parties”) from and against any and all loss, liability, damages, cost, expense, claims, demands, suits, attorney’s fees and judgments (collectively referred to as “Damages”), including but not limited to claims for damage for personal injury (including death) and claims for property damage arising directly or indirectly from the following: (1) for any act or omission of School or those of its officers, board members, agents, employees, volunteers, contractors, subcontractors or other persons acting on its behalf (collectively referred to as the “School Parties”) which occurs during the Term and relates to this Agreement; (2) for any act or omission related to the operations of School Parties, including but not limited to the maintenance and operation of areas on the Property accessible to the public. School’s obligation to defend, indemnify and hold harmless applies to all actions and omissions of School Parties as described above caused or alleged to have been caused in connection with the Project or Agreement, except to the extent any Damages are caused by the active negligence or willful misconduct of any City Indemnified Parties. This Section 14.1 applies to all Damages suffered or alleged to have been suffered by the City Indemnified Parties regardless of whether or not the City prepared, supplied or approved plans or specifications or both for the Project. 14.2 City’s Right to Defense. The City shall have the right to approve legal counsel retained by School to defend any claim, action or proceeding which School is obligated to defend pursuant to Section 14.1, which approval shall not be unreasonably withheld, conditioned or delayed. If any conflict of interest results during the mutual representation of the City and School in defense of any such action, or if the City is reasonably dissatisfied with legal counsel retained by School, the City shall have the right (a) at School’s costs and expense, to have the City Attorney undertake and continue the City’s defense, or (b) with School’s approval, which shall not be reasonably withheld or delayed, to select separate outside legal counsel to undertake and continue the City’s defense.

22000/Docs/Crossroads DA 06.14.13 Page 34

ARTICLE 15 GENERAL PROVISIONS 15.1 Notices. Formal notices, demands and communications between the Parties shall be deemed sufficiently given if delivered to the principal offices of the City or School, as applicable, by (i) personal service, or (ii) express mail, Federal Express, or other similar overnight mail or courier service, regularly providing proof of delivery, or (iii) registered or certified mail, postage prepaid, return receipt requested, or (iv) facsimile (provided that any notice delivered by facsimile is followed by a separate notice sent within twenty-four (24) hours after the transmission by facsimile delivered in one of the other manners specified above). Such notice shall be addressed as follows: To City: City of Santa Monica 1685 Main Street, Room 204 Santa Monica, CA 90401 Attention: City Manager Fax: (310) 917-6640 With a Copy to: City of Santa Monica 1685 Main Street, Room 212 Santa Monica, CA 90401 Attn: Planning and Community Development Director Fax: (310) 458-3380 To School: Crossroads School for Arts and Sciences 1714 21st Street Santa Monica, CA. 90404 Attn: Director of Finance and Operations Fax: 310.828.5636 With a Copy to: Harding, Larmore, Kutcher & Kozal 1250 Sixth Street, Suite 200 Santa Monica, California 90401 Attn: Christopher M. Harding Fax: (310) 392-3537 Notice given in any other manner shall be effective when received by the addressee. Any Party may change the addresses for delivery of notices to such Party by delivering notice to the other Party in accordance with this provision. 15.2 Entire Agreement; Conflicts. This Agreement represents the entire agreement of the Parties. This Agreement integrates all of the terms and conditions 22000/Docs/Crossroads DA 06.14.13 Page 35

mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the Parties or their predecessors in interest with respect to all or any part of the subject matter hereof. Should any or all of the provisions of this Agreement be found to be in conflict with any other provision or provisions found in the Existing Regulations, then the provisions of this Agreement shall prevail. 15.3 Binding Effect. The Parties intend that the provisions of this Agreement shall constitute covenants which shall run with the land comprising the Property during the Term for the benefit thereof and that the burdens and benefits thereof shall bind and inure to the benefit of all successors-in-interest to the Parties hereto. Every Party who now or hereafter owns or acquires any right, title, or interest in or to any portion of the Project during the Term is and shall be conclusively deemed to have consented and agreed to every provision contained herein, to the extent relevant to said right, title or interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project. 15.4 Agreement Not for Benefit of Third Parties. This Agreement is made and entered into for the sole protection and benefit of School and the City and their respective successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 15.5 No Partnership or Joint Venture. Nothing in this Agreement shall be deemed to create a partnership or joint venture between the City and School or to render either Party liable in any manner for the debts or obligations of the other. 15.6 Estoppel Certificates. Either Party may, at any time, and from time to time, deliver written notice to the other Party requesting such Party to certify in writing (each, an “Estoppel Certificate”): (a) that this Agreement is in full force and effect, (b) that this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (c) whether or not, to the knowledge of the responding Party, the requesting Party is in Breach or claimed Breach in the performance of its obligations under this Agreement, and, if so, describing the nature and amount of any such Breach or claimed Breach, and (d) whether or not, to the knowledge of the responding Party, any event has occurred or failed to occur which, with the passage of time or the giving of notice, or both, would constitute an Event of Monetary Default or an Event of Non-Monetary Default and, if so, specifying each such event. A Party receiving a request for an Estoppel Certificate shall execute and return such Certificate within thirty (30) days following the receipt of the request therefor. If the party receiving the request hereunder does not execute and return the certificate in such 30-day period and if circumstances are such that the Party requesting the notice requires such notice as a matter of reasonable business necessity, the Party requesting the notice may seek a second request which conspicuously states “FAILURE TO EXECUTE THE REQUESTED ESTOPPEL CERTIFICATE WITHIN FIFTEEN (15) DAYS SHALL BE DEEMED WAIVER PURSUANT TO SECTIONS 15.6 AND 15.13 OF THE DEVELOPMENT AGREEMENT” and which sets forth the business necessity for a timely response to the estoppel request. If the Party receiving the second request fails to execute the Estoppel Certificate within such 15-day period, it shall be conclusively 22000/Docs/Crossroads DA 06.14.13 Page 36

deemed that the Agreement is in full force and effect and has not been amended or modified orally or in writing, and that there are no uncured defaults under this Agreement or any events which, with passage of time of giving of notice, of both, would constitute a default under the Agreement. The City Manager shall have the right to execute any Estoppel Certificate requested by School under this Agreement. The City acknowledges that an Estoppel Certificate may be relied upon by any Property Transferee, Secured Lender or other party. 15.7 Time. Time is of the essence for each provision of this Agreement of which time is an element. 15.8

Excusable Delays.

15.8.1 In addition to any specific provisions of this Agreement, nonperformance by School of its obligations under this Agreement shall be excused when it has been prevented or delayed in such performance by reason of any act, event or condition beyond the reasonable control of School (collectively, “Excusable Delays”) for any of the following reasons: (a) War, insurrection, walk-outs, riots, acts of terrorism, floods, earthquakes, fires, casualties, acts of God, or similar grounds for excused performances; (b) Governmental restrictions or moratoria imposed by the City or by other governmental entities or the enactment of conflicting State or Federal laws or regulations; (c) The imposition of restrictions or moratoria by judicial decisions or by litigation, contesting the validity, or seeking the enforcement or clarification of, this Agreement whether instituted by School, the City or any other person or entity, or the filing of a lawsuit by any Party arising out of this Agreement or any permit or approval School deems necessary or desirable for the implementation of the Project; (d) The institution of a referendum pursuant to Government Code Section 65867.5 or a similar public action seeking to in any way invalidate, alter, modify or amend the ordinance adopted by the City Council approving and implementing this Agreement; (e) Inability to secure necessary labor, materials or tools, due to strikes, lockouts, or similar labor disputes; and (f) Failure of the City to timely perform its obligations hereunder, including its obligations under Section 7.2 above 15.8.2 Under no circumstances shall the inability of School to secure financing be an Excusable Delay to the obligations of School.

22000/Docs/Crossroads DA 06.14.13 Page 37

15.8.3 In order for an extension of time to be granted for any Excusable Delay, School must deliver to the City written notice of the commencement of the Excusable Delay within sixty (60) days after the date on which School becomes aware of the existence of the Excusable Delay. The extension of time for an Excusable Delay shall be for the actual period of the delay. 15.8.4 Nothing contained in this Section 15.8 is intended to modify the terms of either Section 5.1.2 or Section 5.5 of this Agreement. 15.9 Governing Law. This Agreement shall be governed exclusively by the provisions hereof and by the laws of the State of California. 15.10 Cooperation in Event of Legal Challenge to Agreement. If there is any court action or other proceeding commenced that includes any challenge to the validity, enforceability or any term or provision of this Agreement, then School shall indemnify, hold harmless, pay all costs actually incurred, and provide defense in said action or proceeding, with counsel reasonably satisfactory to both the City and School. The City shall cooperate with School in any such defense as School may reasonably request. 15.11 Attorneys’ Fees. If any Party commences any action for the interpretation, enforcement, termination, cancellation or rescission of this Agreement or for specific performance for the Breach of this Agreement, the prevailing Party shall be entitled to its reasonable attorneys’ fees, litigation expenses and costs. Attorneys’ fees shall include attorneys’ fees on any appeal as well as any attorneys’ fees incurred in any post-judgment proceedings to collect or enforce the judgment. Such attorneys’ fees shall be paid whether or not such action is prosecuted to judgment. In any case where this Agreement provides that the City or School is entitled to recover attorneys’ fees from the other, the Party so entitled to recover shall be entitled to an amount equal to the fair market value of services provided by attorneys employed by it as well as any attorneys’ fees actually paid by it to third Parties. The fair market value of the legal services for public attorneys shall be determined by utilizing the prevailing billing rates of comparable private attorneys. 15.12 Recordation. The Parties shall cause this Agreement to be recorded against title to the Property in the Official Records of the County of Los Angeles. The cost, if any, of recording this Agreement shall be borne by School. 15.13 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and referring expressly to this Section 15.13. No delay or omission by either Party in exercising any right or power accruing upon non-compliance or failure to perform by the other Party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either Party of any of the covenants or conditions to be performed by the other Party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof of this Agreement.

22000/Docs/Crossroads DA 06.14.13 Page 38

15.14 Construction of this Agreement. The Parties agree that each Party and its legal counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. 15.15 Other Governmental Approvals. School may apply for such other permits and approvals as may be required for development of the Project in accordance with this Agreement from other governmental or quasi-governmental agencies having jurisdiction over the Property. The City shall reasonably cooperate with School in its endeavors to obtain such permits and approvals. 15.15.1 Further Assurances; Covenant to Sign Documents. Each Party shall take all actions and do all things, and execute, with acknowledgment or affidavit, if required, any and all documents and writings, which may be necessary or proper to achieve the purposes and objectives of this Agreement. 15.15.2 Processing. Upon satisfactory completion by School of all required preliminary actions and payments of appropriate processing fees, if any, the City shall, subject to all legal requirements, promptly initiate, diligently process, and complete at the earliest possible time all required steps, and expeditiously act upon any approvals and permits necessary for the development by School of the Project in accordance with this Agreement, including, but not limited to, the following: (a) the processing of applications for and issuing of all Discretionary Approvals requiring the exercise of judgment and deliberation by City; (b)

the holding of any required public hearings; and

(c) the processing of applications for and issuing of all City Technical Permits requiring the determination of conformance with the Existing Regulations. 15.15.3 No Revocation. The City shall not revoke or subsequently disapprove any approval or future approval for the development of the Project or the Property once issued by the City provided that the development of the Project or the Property is in accordance with such approval. Any disapproval by the City shall state in writing the reasons for such disapproval and the suggested actions to be taken in order for approval to be granted. 15.15.4 Processing During Third Party Litigation. If any third party lawsuit is filed against the City or School relating to this Agreement or to other development issues affecting the Property, the City shall not delay or stop the development, processing or construction of the Property, or issuance of the City Technical Permits, unless the third party obtains a court order preventing the activity. The City shall not stipulate to or fail to oppose the issuance of any such order. Notwithstanding the foregoing and without prejudice to the provisions of Section 15.8(c), after service on the City or School of the initial petition or complaint challenging this Agreement or the Project, the School may apply to the Planning Director for a tolling of 22000/Docs/Crossroads DA 06.14.13 Page 39

the applicable deadlines for School to otherwise comply with this Agreement. Within 40 days after receiving such an application, the Planning Director shall either toll the time period for up to five years during the pendency of the litigation or deny the requested tolling. 15.15.5 State, Federal or Case Law. Where any state, federal or case law allows the City to exercise any discretion or take any act with respect to that law, the City shall, in an expeditious and timely manner, at the earliest possible time, (i) exercise its discretion in such a way as to be consistent with, and carry out the terms of, this Agreement and (ii) take such other actions as may be necessary to carry out in good faith the terms of this Agreement. 15.16 Venue. Any legal action or proceeding among the Parties arising out of this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, in any other appropriate court in that County, or in the Federal District Court in the Central District of California. 15.17 Exhibits. The following exhibits which are part of this Agreement are attached hereto and each of which is incorporated herein by this reference as though set forth in full: Exhibit “A”

Legal Description of the Property

Exhibit “B”

Project Plans

Exhibit “C”

Permitted Fees and Exactions

Exhibit “D”

Conditions of Approval

Exhibit “E”

SMMC Article 9 (Planning and Zoning)

Exhibit "F"

Bike Path Easement Area

Exhibit "G"

[Reserved]

Exhibit “H”

Construction Mitigation Plan

Exhibit “I”

Assignment and Assumption Agreement

Exhibit “J”

Interim Modules Plan

Except as to the Project Plans (attached hereto as Exhibit B) which shall be treated in accordance with Section 2.1 above, the text of this Agreement shall prevail in the event that any inconsistencies exist between the Exhibits and the text of this Agreement. 15.18 Counterpart Signatures. The Parties may execute this Agreement on separate signature pages which, when attached hereto, shall constitute one complete Agreement. 15.19 Certificate of Performance. Upon the completion of the Project, or any phase thereof, or upon performance of this Agreement or its earlier revocation and termination, the City shall provide School, upon School’s request, with a statement 22000/Docs/Crossroads DA 06.14.13 Page 40

(“Certificate of Performance”) evidencing said completion, termination or revocation and the release of School from further obligations hereunder, except for any further obligations which survive such completion, termination or revocation. The Certificate of Performance shall be signed by the appropriate agents of School and the City and shall be recorded against title to the Property in the official records of Los Angeles County, California. Such Certificate of Performance is not a notice of completion as referred to in California Civil Code Section 3093. 15.20 Interests of School. School represents to the City that, as of the Effective Date, it has a legal or equitable interest in the Property, subject to encumbrances, easements, covenants, conditions, restrictions, and other matters of record. 15.21 Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and School. During the Term of this Agreement, clarifications to this Agreement and the Existing Regulations may be appropriate with respect to the details of performance of the City and School. If and when, from time to time, during the term of this Agreement, the City and School agree that such clarifications are necessary or appropriate, they shall effectuate such clarification through operating memoranda approved in writing by the City and School, which, after execution, shall be attached hereto and become part of this Agreement and the same may be further clarified from time to time as necessary with future written approval by the City and School. Operating memoranda are not intended to and cannot constitute an amendment to this Agreement but mere ministerial clarifications, therefore public notices and hearings shall not be required for any operating memorandum. The City Attorney shall be authorized, upon consultation with, and approval of, School, to determine whether a requested clarification may be effectuated pursuant to the execution and delivery of an operating memorandum or whether the requested clarification is of such character to constitute an amendment of this Agreement which requires compliance with the provisions of Section 8.1 above. The authority to enter into such operating memoranda is hereby delegated to the City Manager and the City Manager is hereby authorized to execute any operating memoranda hereunder without further action by the City Council. 15.22 Acknowledgments, Agreements and Assurance on the Part of School. 15.22.1 School’s Faithful Performance. The Parties acknowledge and agree that School’s faithful performance in developing the Project on the Property and in constructing and installing certain public improvements pursuant to this Agreement and complying with the Existing Regulations will fulfill substantial public needs. The City acknowledges and agrees that there is good and valuable consideration to the City resulting from School’s assurances and faithful performance thereof and that same is in balance with the benefits conferred by the City on the Project. The Parties further acknowledge and agree that the exchanged consideration hereunder is fair, just and reasonable. School acknowledges that the consideration is reasonably related to the type and extent of the impacts of the Project on the community and the Property, and further acknowledges that the consideration is necessary to mitigate the direct and indirect impacts caused by School on the Property.

22000/Docs/Crossroads DA 06.14.13 Page 41

15.22.2 Obligations to be Non-Recourse. As a material element of this Agreement, and in partial consideration for School’s execution of this Agreement, the Parties each understand and agree that the City’s remedies for breach of the obligations of School under this Agreement shall be limited as described in Sections 11.2 through 11.4 above. 15.23 Not a Public Dedication. Nothing in this Agreement shall be deemed to be a gift or dedication of the Property, or of the Project, or any portion thereof, to the general public, for the general public, or for any public use or purpose whatsoever, it being the intention and understanding of the Parties that this Agreement be strictly limited to and for the purposes herein expressed for the development of the Project as private property. School shall have the right to prevent or prohibit the use of the Property, or the Project, or any portion thereof, including common areas and buildings and improvements located thereon, by any person for any purpose inimical to the development of the Project, including without limitation to prevent any person or entity from obtaining or accruing any prescriptive or other right to use the Property or the Project. Any portion of the Property to be conveyed to the City by School as provided in this Agreement, shall be held and used by the City only for the purposes contemplated herein or otherwise provided in such conveyance, and the City shall not take or permit to be taken (if within the power or authority of the City) any action or activity with respect to such portion of the Property that would deprive School of the material benefits of this Agreement or would materially and unreasonably interfere with the development of the Project as contemplated by this Agreement. 15.24 Other Agreements. The City acknowledges that certain additional agreements may be necessary to effectuate the intent of this Agreement and facilitate development of the Project. The City Manager or his/her designee is hereby authorized to prepare, execute, and record those additional agreements. 15.25 Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. SCHOOL: THE CROSSROADS SCHOOL FOR ARTS AND SCIENCES, a California nonprofit corporation

By: ________DRAFT_______________ Name: __________________________ 22000/Docs/Crossroads DA 06.14.13 Page 42

Title: ___________________________ CITY: CITY OF SANTA MONICA, a municipal corporation By: ________DRAFT_______________ Name: ___________________________ Title: _____________________________ ATTEST: By: ________DRAFT_______________ Name: ______________________________ City Clerk APPROVED AS TO FORM: By: ________DRAFT_______________ Name: ______________________________ City Attorney

22000/Docs/Crossroads DA 06.14.13 Page 43

NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT:

12DEV013 (Development Agreement 12-013) th 1731 20 Street APPLICANT: Crossroads School for Arts & Sciences PROPERTY OWNER: Crossroads School for Arts & Sciences

A public hearing will be held by the City Council to consider the following request: The property owner is seeking a D evelopment Agreement with the City to construct a new three-story th science learning center and temporary modular classrooms at 1731 20 Street. As a part of the Development Agreement, the proposed project would provide certain negotiated community benefits, including but not limited to, use of an existing ten-foot wide easement for a future bike path, an enhanced Transportation Demand Management Plan, photovoltaic panels, and P ico Neighborhood outreach and prioritization for Summer Programs. DATE/TIME:

TUESDAY, JUNE 25, 2013, AT 6:45 p.m.

LOCATION:

City Council Chambers, Second Floor, Santa Monica City Hall 1685 Main Street, Santa Monica, California

HOW TO COMMENT The City of Santa Monica encourages public comment. You may comment at the City Council public hearing, or by writing a letter. Written information will be given to the City Council at the meeting. Address your letters to:

City Clerk th Re: 12DEV013 (1731 20 Street) 1685 Main Street, Room 102 Santa Monica, CA 90401

MORE INFORMATION If you want more information about this project or wish to review the project file, please contact Tony Kim at (310) 458-8341, or by e-mail at [email protected]. The Zoning Ordinance is available at the Planning Counter during business hours and on the City’s web site at www.santa-monica.org. The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 4, 5, 7, 8, 9, and the Tide Ride serve City Hall. Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing. ESPAÑOL Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación al número (310) 458-8341. APPROVED AS TO FORM: ___________________________ BRADLEY J. MISNER, AICP Principal Planner F:\CityPlanning\Share\COUNCIL\NOTICES\2012\12DEV013 (1731 20th St)

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 7-G To:

Mayor and City Council

From:

Jacqueline Seabrooks, Chief of Police

Subject:

Introduction and first reading of an O rdinance Amending Santa Monica Municipal Code Chapter 3.56 related to false police alarms

Recommended Action Staff recommends that the City Council introduce for first reading an ordinance amending Santa Monica Municipal Code (SMMC) Chapter 3.56. Executive Summary SMMC chapter 3.56.050 currently authorizes charges for third and subsequent Santa Monica Police Department responses to false alarms occurring within the same fiscal year. An amendment to the Municipal Code is proposed to authorize an additional fine, in the amount of $164.86, for the second response within a fiscal year. The fine will be effective July 1, 2013, thereafter, the fine will be s ubject to annual automatic CPI increase. This fine is recommended to reduce the number of false police alarms. In addition, staff proposes that the SMMC be am ended to authorize an alarm registration fee, in the amount of $27.00. The fee will be effective July 1, 2013 and will be subject to annual automatic CPI increase. Registration of alarm systems would ensure correct physical addresses are automatically recorded in the police records management system, which minimizes call processing time while providing vital information, including but not limited to, information about elderly or disabled residents, firearms at the property, animals that may require special handling, and the presence of hazardous materials. Providing responding officers with this information enhances service delivery and promotes public safety.

1

Discussion The Police Department responded to 2,812 police alarms during fiscal year 2011-2012. Of that total, 1,063 police alarms required two or more false alarm emergency responses during the same fiscal year. Responding to false police alarms requires significant staff time and negatively affects the overall safety of the community by diverting essential police department personnel and resources from responding to actual emergencies. The purpose of this ordinance is to promote the responsible use of alarm systems. Staff recommends that no fine be charged for the first false alarm response by the police if that response occurs within the same fiscal year. However, staff recommends the imposition of the fine for the second and each subsequent response to a false police alarm during the same fiscal year, as reflected in the amended ordinance. Based on 1,063 second false alarm responses during fiscal year 2011-2012, staff estimates the proposed fine for second responses will generate approximately $175,246 in annual revenues.

Staff also recommends

amending the ordinance to authorize a new fee requiring the registration of alarm systems located in residences and businesses. Registration of alarm systems would ensure the correct physical address is recorded in the police computer-aided dispatch system. H aving this information automatically available reduces call processing time and quickens the dispatch of officers while also providing the officers with vital information, including but not limited to, information about elderly or disabled residents, firearms at the property, and animals that may require special handling. Based on approximately 5,600 alarms located in the city, staff estimates that the proposed burglary alarm registration fee will generate approximately $151,200 in annual revenue. Upon response to an alarm system activation that is found to be a false, the Police Department would provide written notice to the owner of the property. The ordinance defines an owner as the person who owns the premises in which an alarm system is installed or the person(s) who lease, operate, occupy or manage the premises. The notice informs the owner that the Santa Monica Police Department responded to a false 2

alarm at their premises and the alarm activation was either the result of a malfunction or improper alarm system use. The notice will outline the potential consequences for additional responses and the applicable fines associated with those responses provided they occur within the same fiscal year. Public Outreach Police Department will provide a w ritten notice, along with an alarm registration application, notifying the residents and businesses of the required new alarm registration fee. The notice will also outline the potential consequences for false alarms and the applicable fines associated with those responses.

The information will be

posted on the Police Department’s website. Financial Impacts & Budget Actions The proposed fine for second false police alarms response is anticipated to generate $175,246 in annual revenues. The proposed fee for burglary alarm registration is anticipated to generate $151,200 in annual revenues. Revenues for the proposed fine and fee have been included in the FY 2013-15 Proposed Budget, pending Council approval. Prepared by: Neela Patel, Senior Administrative Analyst Approved:

Forwarded to Council:

Jacqueline Seabrooks, Chief of Police

Rod Gould City Manager

Attachments: 1) Ordinance

3

City Council Meeting: June 25, 2013

Santa Monica, California

ORDINANCE NUMBER _________ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 3.56 OF THE SANTA MONICA MUNICIPAL CODE RELATED TO FALSE POLICE ALARMS

WHEREAS, the City consists of just eight square miles of coastal land which is home to 90,000 residents, the job site of 300,000 workers, and a destination for as many as 500,000 visitors on weekends and holidays; and WHEREAS, there is a constant and heavy demand on police services; and WHEREAS, false alarms are significant and unnecessary drains on precious police resources; and WHEREAS, diversion of police resources to respond to false alarms hampers response efforts for actual emergencies and thus endangers public safety; and WHEREAS, requiring registration of police alarms would quicken police response time, provide vital information to the responding officers and enhance public safety; and WHEREAS, Business and Professions Code Section 7592.8 authorizes local agencies to enact ordinances governing false alarm activations and responses.

1

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 3.56.030 of the Santa Monica Municipal Code is hereby added to read as follows: 3.56.030 Alarm Registration No Subscriber shall operate an Alarm System without having first registered such Alarm System with the Santa Monica Police Department and paid the required registration fee. The Police Department may require that registrants provide information to the City to protect public safety and aid response efforts, including but not limited to, information about residents that are elderly or disabled, firearms at the property, and animals that may require special handling. SECTION 2. Section 3.56.050 of the Santa Monica Municipal Code is hereby amended in part to read as follows: 3.56.050 Fees. A service charge of fifty dollars shall be paid to the city by each subscriber of an alarm system or property owner or lessor who has caused such an alarm to be installed for a third response made to the location of a false alarm by the police department during the same fiscal year. A service charge of seventy-five dollars shall be similarly paid to the city upon the fourth and each subsequent response made to the location of a false alarm by the police department during the same fiscal year.

2

A Subscriber shall pay a False Alarm response fine to the City upon t he occurrence of two or more False Alarms received from the Subscriber’s Alarm System within a fiscal year. The amount of the fine and any associated late fees may be established by resolution of the City Council. The subscriber of an alarm system or property owner or lessor who has caused an alarm to be installed shall be d eclared to be maintaining a public nuisance in the event that more than four false alarms are recorded at the same location during a single fiscal year, and shall be pr osecuted pursuant to the provisions of section 1.08.010 of this code. The chief of police shall cause to be issued a monthly bill for the unpaid service charges fines and fee accrued during the billing period and any prior periods. Such bill shall be due and payable within fifteen days after the billing date. All remedies shall be c umulative, and t he use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. The amount of any service charge fines and fees shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent debt thirty days after it becomes due an d payable. Payment of any service charge fines or fees shall not prohibit criminal prosecution for the violation of any of the provisions of this chapter. SECTION 3. Section 3.56.060 of the Santa Monica Municipal Code is hereby repealed.

3

3.56.060 Penalty. A penalty of ten percent shall be added to the fees required by section 3.56.050 in connection with any fees that are not paid in the time and manner required by section 3.56.050. SECTION 4. Section 3.56.070 of the Santa Monica Municipal Code is hereby amended in part to read as follows. 3.56.070 Nonresponse. (a) The Chief of Police may notify any subscriber of an alarm system or property owner, lessor or person who has caused such a system to be installed that the Police Department will not respond to any alarm at the location where the alarm has been installed when: (1) Any fines and fees required by Section 3.56.050 have not been paid and are past due. The notice shall indicate that service response shall not be resumed until thirty days after payment of the fines and fees required by Section 3.56.050; or (2) After the date of adoption of this Section, t There are more than four false alarms at the location during any fiscal year. The notice shall indicate that response shall not be resumed for a period of not less than sixty days and only after submission to and approval by the Police Department of an alarm plan to reduce the number of false alarms to less than four in any fiscal year.

4

(b) Any person receiving a notice under subsection (a) may request a hearing in accordance with the procedures set forth in Chapter 6.16 of this Code prior Municipal Code Section 6126. The notice shall inform the subscriber, property owner, lessor, or person of the hearing rights set forth in Chapter 6.16 prior Municipal Code Section 6126. Not withstanding anything in prior Municipal Code Section 6126 to the contrary, nNo hearing request shall be deemed timely filed and no hearing shall be held unless within the time period to request a hearing, the person requesting the hearings deposits with the City Treasurer money in the amount of any unpaid and past due fines and fees under Municipal Code Section 3.56.050. If as a result of the hearing it is determined that the City was not entitled to the fines and fees in the amount of the deposit, the City shall refund to the subscriber, property owner, or lessor the amount of the excess fees. (c) Nothing in this Chapter shall create or be construed to create a duty upon the Police Department or City to respond to any alarm whether or not the alarm is false. An alarm, like any other request for service from the Police Department, may be responded to within the resources of the Police Department and other responses required by the Police Department at the time of the alarm. SECTION 5. 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 6. 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

5

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 7. 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:

_________________________ MARSHA JONES MOUTRIE City Attorney

6

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 7-H

To:

Mayor and City Council

From:

Sarah Gorman, City Clerk

Subject:

Ordinance amending Section 11.04.010 of the Municipal Code to require a payment of a fee to file election Nomination Papers and a f ee for the printing and handling of a candidate statement

Recommended Action Staff recommends that the City Council introduce and hold for first reading an ordinance to amend SMMC Section 11.04.010 to require candidates for City Council, Rent Control Board, Santa Monica Malibu Unified School District, and Santa Monica College Board to pay $25 for processing Nomination Papers and $ 300 for printing and handling of candidate statements. Executive Summary Staff proposed a $25 fee for filing nomination papers and a $175 fee for translation of candidate statements at the May 28, 2013 City Council meeting. Staff was directed generally in favor of the $25 nomination filing fee, and that a different fee relating to candidate statements might be appropriate. This report proposes that $25 nomination fee and a $300 fee for printing and handling of the candidate statements and recommends amending SMMC Section 11.04.010. Background Currently, there is no cost to any candidate to run for City office in the City of Santa Monica. In addition, the City pays for the cost of taping and airing candidate videos on CityTV and the posting of candidate statements and videos on the City’s website. Over the last 10 y ears or five elections, an average of 22 c andidates ran for City Council, Rent Control Board, School Board and College Board.

On March 22, 2011, staff

proposed charging a flat election fee, as provided for by the California Election Code, because the majority of other cities require payment of a nomination fee, the reimbursement for the printing and translating of a candidate statement, and the option of requesting reimbursement for the mailing of the candidate statement to the voters in 1

the jurisdiction. However, the Council postponed implementation of this fee because it may discourage low income candidates from participating in the election process. Discussion With the intent of minimally offsetting the cited election costs paid by the City, and t o create an investment into the election process by the candidate, staff proposes to charge $25 for filing of nomination papers and $ 300 for the printing and handling of candidate statements. The filing fee is provided for by California Election Code 10228ii and the candidate statement fee by California Election Code 13307, Section 3(c)iii. Our election consultant has advised that $300 is a common flat fee for handling of candidate statements. Additionally, $300 would provide greater cost recovery for the City than the original $175 proposed fee. Other municipalities charge various combinations of these fees. For example, the City of San Jose charges the $25 filing fee per candidate. Manhattan Beach charges a printing and h andling fee of $500 for the candidate statements.

Thousand Oaks

charges $1,000 for the printing, translation and handling of statements.

Downey

charges between $600 - $2,200 and Inglewood charges $700 - $1,000 depending on the district race. The City of Monterey Park charges a printing and translation fee of $2,500 and information is translated into three languages. The City of Norwalk charges a printing, translation and handling fee of $2,700. The proposed filing fee is the same as cities that charge this fee because it is set by state law. The statement fee will be will be l ess than cities who obtain services through an election consultant or County Registrar-Recorder’s Office because staff only proposes to recover some cost of election related services. Alternatives to this proposal include continuing to provide free processing of Nomination Papers and translation of Candidate Statements, charging one of the two fees, or charging one or both fees and setting the statement fee lower or higher than $300.

2

Fiscal Impacts & Budget Actions The estimated biennial revenue amount is $7150 and is based on a biennial charge of $25 per set of Nomination Papers and $300 per statement to 22 candidates. (22($25+$300)=$7150) There are no new costs associated with this proposal unless the Registrar-Recorder/County Clerk’s Office or City’s election consultant increases their fees or impose new fees. The adoption of an alternative to this proposal would impact the amount of estimated revenue.

Fees received would be deposited into

Revenue Account No. 01212.401170. Prepared by: Sarah Gorman, Director of Records and Election Services (City Clerk)

Approved:

Forwarded to Council:

Sarah Gorman, Director of Records and Election Services (City Clerk)

Rod Gould City Manager

Attachments: Draft Ordinance

3

City Council Meeting: June 25, 2013

Santa Monica, California

ORDINANCE NUMBER _________ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 11.04 OF THE SANTA MONICA MUNICIPAL CODE RELATED TO LOCAL ELECTIONS REGULATIONS

WHEREAS, the City of Santa Monica is a relatively small city with a strong sense of community and robust tradition of resident participation in local government; and WHEREAS, the City is committed to maintaining a fair and accessible elections process in order to ensure continued robust resident participation in local government; and WHEREAS, a personal investment by candidates, even if minimal, will communicate the candidate’s interest and personal commitment to the voters, may discourage any misuse of the process, and will contribute to retaining the integrity and due respect that the process deserves; and WHEREAS, California Elections Code Section 10228 authorizes local agencies to charge candidates a filing fee that reflects the costs of processing a candidate’s nomination papers; and WHEREAS, California Elections Code Sections 13307 and 13309 authorize local agencies to charge candidates a fee that reflects the costs of printing, handling,

1

translating and mailing of candidate statements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 11.04.010 of the Santa Monica Municipal Code is hereby amended to read as follows: 11.04.010 Nomination of Candidates. Not earlier than the one hundred thirteenth day nor later than the close of business on the eighty-eighth day before a municipal election, the voters may nominate candidates for election by signing a nomination petition. If nomination papers for an incumbent officer are not filed by the close of business on the eighty-eighth day before the election, the voters shall have until the close of business on the eighty-third day before the election to nominate candidates other than the incumbent for the elective office. Each candidate shall be proposed by not less than one hundred voters, but only one candidate may be named in any one nomination petition. Any person registered to vote at the election may circulate a nomination petition. Where there are full terms and short terms to be filed, the term shall be specified in the nomination petition. All nomination petitions must be filed with the City Clerk. The City Clerk shall charge and collect a filing fee, in the amount of $25, from each candidate at time of issuing nomination papers. SECTION 2. Section 11.04.120 of the Santa Monica Municipal Code is hereby amended to read as follows:

2

11.04.120 Candidate’s statement of qualifications. (a)

Each candidate for Santa Monica City Council, Santa Monica Rent

Control Board, or other elected office of the City of Santa Monica, may prepare a statement of qualification on an appropriate form provided by the City Clerk. Such statement may include the name, age and occupation of the candidate and a brief description of no more than two hundred words of the candidate’s education and qualifications expressed by the candidate. Such statement shall be filed in the office of the City Clerk when the candidate’s nomination papers are returned for filing. It may be withdrawn but not changed during the period for filing nomination papers and until five p.m. of the next working day after the close of the nomination period. (b)

The City Clerk shall send to each voter, together with a sample ballot, a

voter’s pamphlet which contains the written statements of each candidate’s qualifications that is prepared pursuant to this Section. The statement of each candidate shall be printed in type of uniform size and darkness and with uniform spacing. The City Clerk shall provide for and certify a Spanish translation to those candidates who wish to have one. (c)

At the time of filing, Tthe City Clerk shall charge each candidate a fee, in

the amount of $300, which reflects a portion of each candidate’s share of the costs of printing, handling and mailing translating of any statement submitted pursuant to this section shall be paid by the City. This fee may be waived by the City Clerk for indigent candidates pursuant to the procedures set forth in the California Elections Code.

3

(d)

The City Clerk shall reject any statement which contains any obscene,

libelous or defamatory matter, which violates the constitutional or civil rights of any person, or which is prohibited by State or Federal law from being circulated through the mail. (e)

Nothing in this Section shall be deemed to make any such statement or

the authors thereof free or exempt from any civil or criminal action or penalty because of any false or libelous statements offered for printing or contained in the voter’s pamphlet SECTION 3. Section 11.04.155 of the Santa Monica Municipal Code is hereby amended to read as follows: 11.04.155 Election filing requirements. (a)

Time Deadline. Unless this Chapter provides otherwise, all documents

required to be filed under this Chapter, the California Elections Code or the California Political Reform Act must be received by the City Clerk by the close of business on the date specified for filing. If the City Clerk’s office is closed on that date, all such documents shall be submitted no later than the close of business on the business day immediately following the date specified for filing. (b)

Facsimile Signatures. All documents required to be signed and filed with

the City Clerk pursuant to this Chapter, the California Elections Code or the California Political Reform Act, shall contain original signatures. Facsimile signatures shall not be substituted for original signatures, except as provided in subsection (c) of this section.

4

(c)

Absent Voter by Mail Ballot Request. A voter may request a n absent

vote by mailr ballot by original or facsimile signature. SECTION 4. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM:

_________________________ MARSHA JONES MOUTRIE City Attorney 5

City Council Report City Council Meeting: June 25, 2013 Agenda Item: 9-A To:

Mayor and City Council Chairperson and Housing Authority Members Chairperson and Parking Authority Members

From:

Gigi Decavalles-Hughes, Director of Finance

Subject:

Adoption of the First Year and Approval of the Second Year of the Fiscal Year (FY) 2013-15 Biennial Budget (including the Second Year of the FY 2012-14 Biennial Capital Improvement Program Budget)

Recommended Actions Staff recommends that the City Council, Housing Authority and Parking Authority: 1. Adopt a Resolution of the City Council of the City of Santa Monica adopting the first year and approving the second year of the Fiscal Year 2013-15 Biennial Budget and adopting the second year of the Fiscal Year 2012-14 Biennial Capital Improvement Program Budget at Attachment F1, as amended by Attachment D; 2. Adopt a Resolution of the Housing Authority of the City of Santa Monica adopting the first year and approving the second year of the Fiscal Year 2013-15 Biennial Budget and adopting the second year of the Fiscal Year 2012-14 Biennial Capital Improvement Program Budget at Attachment F2, as amended by Attachment D; 3. Adopt a Resolution of the Parking Authority of the City of Santa Monica adopting the first year and approving the second year of the Fiscal Year 2013-15 Biennial Budget and adopting the second year of the Fiscal Year 2012-14 Biennial Capital Improvement Program Budget at Attachment F3, as amended by Attachment D. Staff also recommends that the City Council: 1. Adopt a resolution of the City of Santa Monica setting various rates and fees (Attachment C1); 2. Adopt a resolution of the City of Santa Monica setting various fines and penalties (Attachment C2) 3. Adopt a resolution of the City of Santa Monica adjusting preferential parking rates (Attachment C3); 4. Adopt a resolution of the City of Santa Monica establishing new classifications and adopting salary rates for various listed positions (Attachment E1) and approve the Position and Classification Changes (Attachment E2); 5. Adopt a resolution of the City of Santa Monica establishing the GANN appropriations limit for FY 2013-14 (Attachment G); 6. Approve the Proposed FY 2013-14 Human Services Grants Program (HSGP), incorporating the proposed funding levels (Attachment H1); 1

7. Approve the Proposed FY 2013-14 Organizational Support Program (OSP) Grants for Arts and Culture Nonprofits, incorporating the proposed funding levels (Attachment H2); 8. Authorize the City Manager to negotiate and ex ecute modifications to grant contracts extending their terms to June 30, 2015 for grantees of the Cultural Arts Organization Support Grant Program; 9. Authorize the City Manager to negotiate and execute a first modification of Contract #9419 with Venice Family Clinic, a HSGP grantee, upon the successful conclusion of the merger of Common Ground, a HSGP grantee, with Venice Family Clinic; 10. Authorize the City Manager to negotiate and execute a s econd modification to Contract #9605 in the amount of $225,000 (one-time funding) with Social and Environmental Entrepreneurs (SEE), a California-based organization, to provide drop-in and r eferral services for at-risk youth and ex tend the term of the Grant Agreement. This would result in a two-year amended agreement with a new total amount not to exceed $565,220; 11. Direct staff to work in collaboration with the Cradle to Career Initiative and Youth Resource Team to implement coordinated and interdisciplinary action to serve the most vulnerable older youth and their families and return to Council to seek authorization to negotiate and execute agreements with local non-profits to provide services; 12. Accept Federal Supportive Housing Program (SHP) Renewal Grant funds from the Los Angeles Homeless Services Authority (LAHSA) in the amount of $389,215 for Coordinated Case Management; and 13. Accept Federal Supportive Housing Program (SHP) Renewal Grant funds from the U.S. Department of Housing and Urban Development (HUD) in the amount of $446,822 for the Serial Inebriate Program. Executive Summary This report presents information and requests actions necessary to adopt the first year of the FY 2013-15 biennial budget, including the second year of the FY 2012-14 Biennial Capital Improvement Program (CIP) Budget, for the City of Santa Monica, the Santa Monica Housing Authority and the Santa Monica Parking Authority. I t also requests that Council approve the operating budget plan for the second year of the Biennial Budget. Since the City Charter requires Council to adopt a budget annually, staff will submit the FY 2014-15 budget plan to Council for formal adoption, with any necessary revisions, in June 2014. The City released its Proposed Budget for FY 2013-15 on May 20, 2013. S taff has received new information and made adjustments requested by the Council at the Budget Study Sessions on M ay 28 and 29, 2013, resulting in the adjustments to the Proposed Budget recommended along with Budget Adoption as part of this report. The Proposed Budget as revised is $525.7 million in FY 2013-14 and $529.4 million in FY 2014-15. 2

Background On January 22, 2013, City Council reviewed and commented on the FY 2013-18 FiveYear Financial Forecast and directed staff to implement various budget strategies in the development of the Proposed FY 2013-15 Biennial Budget in order to avoid a structural deficit in the General Fund. These budget strategies include controlling total compensation costs through negotiations with bargaining units; achieving efficiencies and increasing cost recovery to lower the General Fund net expenditure baseline by 5%; and maintaining the City’s healthy reserves. As part of the Budget adoption process, on June 21, 2011, Council awarded two-year grants to 11 nonprofit arts and cultural agencies through the Cultural Arts Organizational Support Program (OSP) and four-year grants to 24 human service organizations through the Human Services Grants Program (HSGP). On January 22, 2013, Council renewed OSP grants for two years, which would align the program with the HSGP funding cycle, and postponed the next grant cycle to begin in FY 2015-16. FY 2013-14 represents the third year of the current four-year funding cycle. T he Proposed FY 2013-15 Biennial Budget includes grant funding levels equivalent to FY 2012-13 funding levels for current grantees. During two budget study sessions, held on May 28 and

29, staff presented

the Proposed FY 2013-15 Biennial Budget and Capital Improvement Program Budget for FY 2013-14, the May 2013 Financial Status Update for the General Fund for Fiscal Years 2013-18, and the results of a comprehensive study of the City’s fees. During the study sessions, Councilmembers made inquiries regarding department proposals and workplans, and directed staff to reconsider various proposals in time for the budget adoption public hearing on June 25, 2013. Discussion The proposed two-year budget is balanced and maintains core municipal services; addresses continuing and emerging community needs; sets forth a reduced budget 3

baseline; funds high priority capital projects and maintenance; and promotes sustainability, livability, education, human capital, economic development, mobility, and fiscal stability. The Proposed Biennial Budget for the City of Santa Monica has been revised from the document presented to the public on M ay 20, 2013 to reflect final changes based on Council feedback and new information received.

The Proposed

Budget as revised is $525.7 million in FY 2013-14 and $529.4 million in FY 2014-15. A more detailed discussion of these changes is included below. Responses to Requests for Information The study sessions provide a f orum for Councilmembers to inquire about department workplans and to seek clarification on items and assumptions included in the Proposed Budget. A list of responses to Councilmembers’ inquiries is shown in Attachment A1. Fee Adjustments During the budget study sessions, departments presented adjusted or new fees and rates that were included in the Proposed Budget and recommended in the comprehensive fee study.

Staff anticipates implementation of the fee study

recommendations would result in approximately $1.6 million in additional revenues, $1.3 million of which is in the General Fund. Upon review and discussion, Council asked staff to modify a number of the proposed fees and rates. Revised proposals for these items are shown in Attachment B. As part of the adoption of the FY 2013-15 Budget, staff is presenting three fee/fine/raterelated resolutions to Council for adoption. The master fee resolution (Attachment C1) contains all user fees charged by the City. This includes all fees analyzed in the recent fee study as well as fees that were not part of the study because they were recently studied or will be s tudied separately next fiscal year (i.e. zoning application fees). I n addition, a master fine resolution (Attachment C2) is being presented that includes all fines assessed by the City in one resolution. This includes administrative citation fines, parking violation fines, library fines, and fines for excessive responses to false alarms 4

by the Police and Fire Departments. Finally, a comprehensive parking rate resolution (Attachment C3) includes the recommended changes to preferential parking permit charges. Resolutions related to enterprises or mitigation fees will continue to be separate and will be updated and presented to Council in the future as appropriate. Based on final Council action on these three resolutions, staff would for the first time develop a comprehensive list of all City charges for fees, fines, and rates, providing a valuable resource for the both the public and City staff. The list would be published on the City’s website on or about July 1, 2013. Proposed Budget Revisions Modifications to the Proposed Budget, known as final changes, are based on Council direction, new information and identified omissions. The changes increase the budget by $4.8 million and $1.7 million in FY 2013-14 and FY 2014-15, respectively. In FY 2013-14, the changes primarily reflect $3.5 million associated with moving the Parking Access & Revenue Control (PARC) System capital improvement project that would replace entry and exit gates and related equipment at City parking structures and lots to FY 2013-14 from FY 2012-13 due to project timing. This project would be funded with FY 2012-13 funds. In addition, $1.1 million reflects an ac counting adjustment to budget Successor Agency reimbursements as revenues instead of expenditure transfers (no net impact), and $ 0.2 million is related to public safety equipment and miscellaneous staffing changes. In FY 2014-15, the changes reflect $1.1 million to reflect an accounting adjustment to budget Successor Agency reimbursements as revenues instead of expenditure transfers (no net impact), $0.2 million reflects operating costs related to the PARC System, and $0.4 million is related to public safety equipment, miscellaneous staffing changes, and adjustments for interdepartmental chargebacks.

5

Staff recommends that Council adopt the changes to the FY 2013-14 Proposed Budget, and approve changes to the FY 2014-15 Proposed Budget. With these changes, the budget remains balanced. Changes are itemized in Attachment D. Personnel Changes As part of the budget process, proposed employee classification and compensation changes were reviewed by the Human Resources Department and the City Manager’s Office. The resulting classification and salary changes and position list are presented in Attachments E1 and E2. Budget Resolutions Adopting the resolutions in Attachments F1-F3 would: 1. Adopt the FY 2013-14 and a pprove the FY 2014-15 budget revenues at the account level, with operating expenditure appropriations for the Salaries and Wages, and Supplies and Expenses (including Capital Outlay) major expenditure categories within a fund for each department, and capital improvement program budget within fund; 2. Authorize staff to roll over appropriations for multi-year operating grants not completed at the end of the fiscal year, unspent donations dedicated to programs, and the encumbrances for goods and services purchased by FY 2012-13 year-end but not delivered or provided until FY 2013-14; 3. Authorize staff to roll over appropriations for the General Fund and all other NonGeneral Fund unencumbered balances and unexpended encumbrances for the fiscal year 2012-13 capital improvements program budget. GANN Appropriations Limit State law places limits on the amount of Santa Monica’s General Fund appropriations that can be made without voter approval based on a growth factor calculated on changes in Santa Monica’s population and either State per capita personal income growth or the growth in non-residential assessed valuation. This restriction was placed in effect in November 1979 with the approval of Proposition 4, commonly known as the 6

(Paul) Gann Initiative. The City’s GANN Appropriations Limit, based on growth in nonresidential assessed valuation times the annual percentage population change for the City is FY 2013-14 is $1,541,052,717. A comparison of the City’s FY 2013-14 GANN Appropriations Limit and FY 2013-14 appropriations and tax proceeds subject to limitation as set forth in the City’s Proposed FY 2013-14 Budget follows: Proposed GANN Limit-related Spending for FY 2013-14 GANN Limit $ 1,541,052,717 Appropriations Subject to Limitation 192,259,568 Net (Over) Under $ 1,348,793,149 Proposed GANN Related Tax Proceeds Spending for FY 2013-14 GANN Limit $ 1,541,052,717 Revenues Subject to Limitation 188,403,177 Net (Over) Under $1,352,649,540

FY 2013-14 appropriations subject to limitation are $1,348,793,149 less than the City’s GANN Appropriations Limit.

I n terms of receipt of tax proceeds, the City is

$1,352,629,540 under the GANN Limit. A resolution to establish the City’s FY 2013-14 GANN Appropriations Limits is included in Attachment G. Human Services Grants Program (HSGP) and Organizational Support Program (OSP) for Santa Monica’s Arts and Culture Non-Profits The FY 2013-14 Proposed Budget appropriates funds to grantee organizations at FY 2012-13 funding levels. A contract modification to extend the OSP grants for two years through FY 2014-15 is required, with the exception of the Santa Monica Symphony, which is in the midst of a transition and working to meet all its obligations under the present grant. Given the state of flux of the Santa Monica Symphony, their grant would be subject to review and possible amendment in FY 2013-14. Attachments H1 and H2 list the individual grantee agreements approved for funding through the FY 2011-15 Human Services Grants Program and Cultural Arts Organizational Support Program (OSP) and the grant amounts for the FY 2013-14 Budget. 7

In the upcoming fiscal year, it is anticipated that two City-funded non-profit agencies will merge. Common Ground is in negotiations to bring their programs under the umbrella of Venice Family Clinic. The Boards of Directors anticipate a vote in July, with a m erger completed shortly thereafter. All program and administrative operations would operate through Venice Family Clinic, with the exception of Common Ground’s youth services, which are being transferred to Safe Place for Youth, a Venice-based non-profit. The Human Services Grant Program funding for Common Ground will be renewed as-is for July 1. Staff proposes to modify the Venice Family Clinic contract to add the scope of work and funding from the Common Ground contract once the merger is complete. This merger will provide long-term stability for the Common Ground programs, and greater efficiencies in service delivery, with improved integration of primary health care for people with HIV/AIDS. Enhanced Services for Opportunity Youth & Their Families On January 8, 2013, Council directed City staff to release a Request for Proposal (RFP) in the spring of 2013 for services to disengaged, at-risk Santa Monica youth. Disconnected youth, also referred to as “opportunity youth,” are defined as youth between the ages of 16 to 24 who are not in school or working and/or lack appropriate supportive networks. Following outreach to an ar ray of groups in the community to gather input on how best to provide services to the target population, the Human Services Division released the FY13-15 Opportunity Youth RFP on April 1, 2013 and subsequently issued an A ddendum extending the application submittal deadline to May 6, 2013. Three applications were received by the deadline. The proposals were reviewed by a t eam comprised of city staff and independent external reviewers. The reviewers concluded that while none o f the applications as presented fully met the criteria outlined in the RFP, each proposal offered strengths and service components that might be c onsidered for support within a m ore integrated structure. Staff is proposing that the City both support an acceleration of the work of the existing Cradle to Career Initiative and its Youth Resource Team (YRT) of local service providers who offer mental health services, job readiness and employment placement, education re8

engagement, and in-the-field outreach and assertive case management to vulnerable youth aged 16 to 24, and expand the YRT to include services such as hospitality training, job development and placement, and outreach to at-risk communities as further described in Attachment H3. Therefore, it is recommended that Council direct staff to work in collaboration with the Cradle to Career Initiative and Y outh Resource Team to implement coordinated and interdisciplinary action to serve the most vulnerable older youth and their families and return to Council to seek authorization to negotiate and execute agreements with local non-profits to provide services. Additionally, while the Pico Youth & Family Center (PYFC) did not submit an independent proposal for youth center operations as part of the RFP process, concerns outlined in the January 8, 2013 C ouncil staff report continue to be documented and many remain, and in light of the recent series of tragic events in the community, staff feel that this is not the time to reduce youth services or close doors. Therefore, staff recommends that the Council provide a one-time extension of funding to Social and Environmental Entrepreneurs (SEE) in an amount not to exceed $225,000 for the continued operation of the Pico Youth and Family Center (PYFC) for up to one year. By providing this funding, the PYFC will serve as a s afe place for youth in the form of a drop-in and referral center, while enabling the PYFC Board to pursue its intended transition plan for the Center, including securing ongoing non-city funding. Federal Supportive Housing Program (SHP) Renewal Grants The City has been receiving Supportive Housing Program (SHP) funds for coordinated case management since 1996. At this time, staff is requesting authorization to accept grant funds from the Los Angeles Homeless Services Authority (LAHSA) for the SHP grant in the amount of $389,215 for a one year renewal (November 1, 2013 – October 31, 2014). On March 21, 2005, the U.S. Department of Housing and U rban Development (HUD) announced a $10 million funding initiative for housing for people who are homeless and 9

addicted to alcohol. Staff is requesting authorization to accept grant funds from HUD for the Serial Inebriate grant in the amount of $446,822 for a on e year renewal (for the eighth year of the grant). Commission Feedback Budget-related information received from City Boards and Commissions is included as Attachment I. Financial Impacts & Budget Actions Adoption of the Proposed Budget as amended by Attachment D would formally adopt the first year and approve the second year of the City’s FY 2013-15 Biennial Budget, including the second year of the FY 2012-14 Capital Improvement Program Budget. Prepared by: Susan Lai, Acting Budget Manager

Approved:

Forwarded to Council:

Gigi Decavalles-Hughes Director of Finance

Rod Gould City Manager

Attachments: A1: Responses to Requests for Information A2: Big Blue Bus FY 2013-14 Operating Revenues A3: Youth Budgets for FY 2007-08, FY 2011-12 and FY 2013-14 A4: Human Services Grants Program for FY 2010-11 through FY 2013-14 A5. Community Investment in Mental Health Services B: Modifications to Proposed Fee Amounts C1: Resolution of the City Council of the City of Santa Monica Setting Various Rates and Fees C2: Resolution of the City Council of the City of Santa Monica Setting Various Fines and Penalties C3: Resolution of the City Council of the City of Santa Monica Adjusting Preferential Parking Rates 10

D: E1: E2: F1: F2: F3: G: H1: H2: H3: I:

Revisions to the Proposed FY 2013-15 Revenue Estimates and Expenditure Budget Appropriations Resolution Revising Salaries for Various Positions Listing of Position and Classification Changes Resolution of City Council of the City of Santa Monica Adopting the FY 2013-14 Budget and Approving the FY 2014-15 Budget Resolution of Housing Authority of the City of Santa Monica Adopting the FY 2013-14 Budget and Approving the FY 2014-15 Budget Resolution of Parking Authority of the City of Santa Monica Adopting the FY 2013-14 Budget and Approving the FY 2014-15 Budget Resolution of the City Council of the City of Santa Monica Establishing the GANN Appropriations Limit for the Fiscal Year 2013-14 Proposed Grantee Funding for the FY 2013-14 Human Services Grants Program (HSGP) Proposed Grantee Funding for the FY 2013-14 Cultural Arts Organizational Support Program (OSP) Enhanced Services for Opportunity Youth & Their Families – Cradle to Career & the Youth Resource Team (YRT) City Boards and Commission Letters

11

ATTACHMENT A1 Responses to Requests for Information During Council Study Sessions on the FY 2013-15 Proposed Biennial Budget At the May 28 a nd 29, 2013 budget study sessions, Council listened to department budget presentations and asked staff to clarify assumptions used in the budget and to further explain elements guiding department goals and o bjectives.

While staff

responded to most of these questions at the study sessions, responses requiring lengthier or more complicated explanations are included below: •

Councilmembers inquired about the balance of Council Contingency and Discretionary Funds: To date, $740,611 in contingency and discretionary funds are available. o FY 2012-13: $376,812; FY 2013-14: $363,799 o An additional $52,588 remaining in the early childhood set-aside from FY 2011-12 could be used for updating the youth report card.

•

Regarding the percentage of traffic citation revenue the City retains: The City retains 15% of the revenue collected.

•

In response to several questions related to Big Blue Bus (BBB) revenues and grants, a summary of proposed FY 2013-14 BBB operating revenues is shown in Attachment A2.

•

Regarding the impact of making the Santa Monica Festival a biennial, instead of an annual, event: The Santa Monica Festival, now in its 22nd year, is produced by Community and Cultural Services (CCS) and the Office of Sustainability and the Environment (OSE). The event draws between 9,000 and 10,000 attendees from Santa Monica and the region, and is produced for the City by a pr ofessional event production company at a cost of $105,000 a year, $70,000 from CCS and $35,000 from OSE; this is a cost of $210,000 over the biennial budget period. It should be noted that because the amount budgeted for this event has not increased in 8 y ears, the City has reduced the entertainment offerings and allocated more in-house staff time to event production. S taff’s proposal to transition the Festival to an every other year format would result in expenditure savings of $20,000 over the two-year period, along with a repurposing of $85,000 1

ATTACHMENT A1 for other desired programming that the community has requested, including programs at Tongva Park and community programs related to sustainability. The reallocation of $35,000 in funding from the Santa Monica Festival every other year will allow the Office of Sustainability to increase the implementation of sustainable

practices

and

increase

the

visibility

of

programs

in

the

community. This will be done by making the additional investments necessary to consistently provide zero-waste stations and sustainable food vendors at cultural and special events such as the Twilight Dance Series, the Front Porch Cinema, Blue/Green and the Alt Car/Alt Build events. Additional investments will also be made to educate the public on sustainability issues and pr actices through a sustainability-themed film screening at the Front Porch Cinema series, a greater presence and materials at the Blue/Green Earth Day event, and b y expanding promotion of sustainability events. During the development of Tongva Park, community members articulated that cultural programming was a k ey priority for the new park.

CCS currently

produces 11 free community cultural events in parks, ranging from Jazz on t he Lawn and the Airport Artwalk, to Cinco de Mayo and Dias de los Muertos, which draw between 150 to 3,000 attendees. Transitioning the Santa Monica Festival to a biennial schedule, similar to Glow (which occurs every three years), offers the opportunity to free up s taff time and financial resources for new cultural programs at Tongva Park. Alternatively, maintaining the annual Santa Monica Festival schedule while also implementing programming at Tongva Park would require an additional appropriation of $100,000 over two years. This added cost includes adding back into the budget the $10,000 in annual savings generated under the staff proposal, $15,000 in additional annual production assistance costs as current staff does not have the capacity to take on two programs at once, and $25,000 in annual Tongva Park costs, and would result in no additional sustainability-oriented community programs.

2

ATTACHMENT A1 Staff Proposal Santa Monica Festival Every Other Year

Previous Budget Santa Monica Festival (CCS Costs) Santa Monica Festival (OSE Costs) Tongva Park Programming Production Assistance Community Sustainability Uses Total Cost

•

Alternative Scenario Annual Festival and Annual Tongva Programming

Year 1 $105,000

Year 2 $105,000

Biennial Total $210,000

Year 1 $105,000

Year 2 $105,000

Biennial Total $210,000

-

70,000

70,000

70,000

70,000

140,000

-

35,000

35,000

35,000

35,000

70,000

25,000

25,000

50,000

25,000

25,000

50,000

-

-

15,000

15,000

30,000

35,000

35,000

$60,000

$130,000

$190,000

$145,000

$145,000

$290,000

In response to a request to view City spending on youth over time: The Youth Budget represents funds in the City budget that support youth programs. The following chart provides an overview of City spending on youth in prior years. The FY 2013-14 Youth Budget and prior years’ Youth Budgets, prepared for FY 2011-12 and FY 2007-08, are shown in Attachment A3.

City of Santa Monica Youth Budget1 $ in millions

$45 $40

$36.9

$40.2

$35 $30 $25

$22.7

$25.1

$20 $15 $10 $5 $2006-07

2007-08

2011-12

2013-14

1/ Program detail included in Attachment A3. FY 2011-12 includes Measure YY revenues. FY 2013-14 excludes development agreement funds that were not included in prior years ($0.3 million).

3

ATTACHMENT A1 •

In response to a request to view Human Services Grants Program spending over time: The City engages in a competitive process to allocate funds to non-profit organizations through the Human Services Grants Program (HSGP). Funds are awarded to core agencies for a m ulti-year period and pr ovide predictable resources for program operation and services to the community. H uman services grants funding for the past four years is shown in Attachment A4.

•

Regarding mental health services made available through the City: An overview of community investment in mental health services is shown in Attachment A5.

•

Regarding Santa Monica’s traffic signal connection with Los Angeles: Staff is pursuing a c onnection with regional traffic data through Los Angeles County’s Information Exchange Network (IEN). The IEN allows participating agencies the ability to view the real-time traffic information of all other members. LADOT is already a p art of the IEN. C ost estimates are $10,000 to $20,000; funds are available in the Traffic Management Center (TMC) budget. The connection is anticipated to be completed by December 2013.

•

Regarding the feasibility of making more playgrounds universally accessible: Staff will consider converting playgrounds as needs arise for new or updated equipment, contingent on funding being available.

•

Regarding the Planning Commission’s training budget: The Boards and Commissions line item in the Planning and Community Development (PCD) Department has a t otal budget of $6,273 in FY 2013-14 and $6,430 in FY 2014-15. This budget typically funds a small stipend for the Planning Commissioners, and could fund

some registration

expenses

to State

conferences, books and pamphlets, and membership fees to the American Planning Association. •

Regarding the status of the Downtown Parking Wayfinding Project: The project, funded as part of the FY 2011-12 Capital Improvement Program, included real time parking signs on every Downtown Structure, as well as on-street dynamic real time parking and traffic information to direct people to available parking in the Downtown and Civic Center areas. The project would connect to the grantfunded real time Beach parking guidance system. The $760,000 project was 4

ATTACHMENT A1 unfunded in FY 2012-13 in favor of higher priority capital infrastructure projects that were negatively impacted by the dissolution of redevelopment. At this time, visitors have access to the City’s real time parking map via www.smgov.net and the Santa Monica Park Me app for the iPhone. •

Regarding alternatives to the current preferential parking program: In response to community concerns about the limited parking availability for residents in preferential parking areas adjacent to commercial corridors, staff is developing concepts for a pilot project to charge for the use of time-limited spaces in these areas. At the May 29th budget study session, staff described these concepts, noting the use of parking meter technology that could be used, the use of street space and markings, and t he advantages and disadvantages of each. The project would range from $250,000 to $630,000 in one-time costs, depending on the size and scope of the project, followed by annual operating costs of $40,000 to $65,000. These costs would be offset by approximately $125,000 in annual revenue. Over the next several months, staff will hold community meetings in affected areas to discuss the various options. Once the community process is completed, staff will present Council with a recommended approach for a pilot program and funding appropriation as part of the FY 2013-14 mid-year or FY 2014-15 exception based budget process. It is anticipated that the pilot program will be implemented in 2014.

•

Regarding animal registration fees and donations:

The Police Department’s

Animal Care and Control Section currently charges an ar ray of fees to those seeking to provide a home environment for abandoned animals. These fees are structured to encourage animal adoptions, particularly those of spayed and neutered animals.

A basic fee is charged for the adoption of puppies, adult

dogs, kittens, and adult felines. For all other small and large animals there is a basic adoption fee. This basic fee does not include the costs of vaccinations, rabies inoculations, or spaying/neutering, or licensing in accordance with legal requirements. Additional service fees are charged for these services. The services provided by the Animal Care and Control Section are not based on

5

ATTACHMENT A1 100% cost recovery; instead, the costs are prorated to encourage the adoption of abandoned or surrendered animals. The Animal Care and Control Section currently accepts donations, both cash and in-kind, to assist with the operation of the Shelter and to provide for the care of the animals. The Police Department is undertaking the action needed to establish a non-profit arm of the Animal Care and Control Section to enable the Shelter to receive tax-deductible donations from the public. •

City Parking Access & Revenue Control System: The City’s Parking Access & Revenue Control System in place in eleven of the City Parking Structures, Civic Center Lot, and Pier Deck Lot has lasted beyond its expected life and, as of March 2013, the equipment vendor can no longer support the current equipment. The City is in the process of completing a Request for Proposals to upgrade or replace the equipment. Staff originally anticipated bringing a recommendation to Council in June and planned on requesting an appropriation of funds at that time. Due to the complexity of the equipment and the need to ensure that all internal and external stakeholders have sufficient time to review the responses to the request for proposals, staff will not be bringing forward a r ecommendation to Council until mid-summer. Due to this delay in the schedule, the proposed FY 2013-14 CIP budget includes an additional $3.5 million in one-time costs for this project. FY 2012-13 revenue surplus funds would be used for this project.

•

Regarding a resident survey: The cost for a resident survey that will inform the Downtown Specific Plan is $30,000. whether to appropriate these funds.

6

Staff is awaiting Council direction on

ATTACHMENT A2

Big Blue Bus Proposed FY 2013-14 Operating Revenues*

Other Operating $6.0M 9%

Measure R $8.4M 13%

Measure R Prop A Prop C Passenger Revenue Transportation Development Act Article 4 (TDA) $18.5M 28%

Proposition A (Prop A) $12.4M 19%

STA TDA Other Operating

Proposition C (Prop C) $2.4M 4% State Transit Assistance (STA) $3.5M 5%

Passenger Revenue $14.5M 22%

*The funding amounts above may change slightly as the funding marks are in the approval process by the Metro Board. Passenger revenue is the Big Blue Bus’ primary local operating revenue source which includes cash, farebox revenue, SMC Any-Line Any Time, EZ Pass, BBB passes and tokens, SMC and UCLA.

Measure R includes Measure R Local Return and Measure R 20%. Proposition A includes Proposition A Local Return and Proposition A 40% Discretionary (Prop A). Proposition C includes Proposition C Bus System Improvement Program (BSIP), Proposition C Transit Security, and Proposition C Foothill Mitigation.

Other Operating Revenues includes operating City interest, revenue associated with advertising, Tide Shuttle service, Playa Vista, interfund services, lease rental revenue and the alternative fuel tax credit for FY13/14.

ATTACHMENT A3 CITY OF SANTA MONICA FY2007-08 ADOPTED YOUTH BUDGET

PROGRAM SMMUSD Funding Community Use of School Facilities Santa Monica High School Graduation Night After School Programs, Camps and Classes Camps (Sports Experience, Rosie's Girls, Camp Santa Monica) Community Classes CREST (Childcare, Recreation, Enrichment, Sports Together) Childcare Recreation (Playground Access) Enrichment Sports (Elementary and Middle School) Police Activities League (PAL) Virginia Avenue Park (Youth and Families Programs) Literacy Programs Computer Access Center Library Programs (Community-Based) Library Programs (School-Based) WISE Senior Services (RSVP/America Reads) Recreation/Health and Fitness Programs Community Aquatics Farmer's Market Program Field Permitting Program Memorial Park Gym Playground Partnership Skate Park Tennis Program Therapeutic Programs Volunteer Program Public Safety Prevention and Education Crossing Guards (Police Department) Fire Safety Educational Tours Police Department Youth Services Division (Community-Based) Police Department Youth Services Division (School-Based) Youth and Family Counseling (all Community Development Grants) Dispute Resolution Services (Youth and Family Program) El Nido Family Center (Edison/Will Rogers Elementary) Family Service of Santa Monica (CAL-SAFE) Family Service of Santa Monica (Muir/ McKinley Elementary) Family Service of Santa Monica (Agency Based Community Support) Family Service of Santa Monica (Preschool Early Intervention & Violence Prevention) Jewish Family Service of Santa Monica (Santa Monica High School) Ocean Park Community Center (Sojourn Services) Pico Neighborhood Youth & Family Center Saint John's Child & Family Development Center (Youth Development Project) Santa Monica College (Pico Partnership/ On the Move) St. Joseph Center (Family Self Sufficiency)

AGES

FY2006-07 REVISED BUDGET

FY2007-08 ADOPTED BUDGET

$ 6,477,100 8,302 $ 6,485,402

$ 7,188,221 8,327 $ 7,196,548

$ $

711,121 25 711,146

$

$

$

54,578

801,602

856,180

VARIANCE

0-5 6-11 12-1718-24

x

x

x x

x

x

x

x

x

x x

x x x x x x

x x x x x x

x x x

x x x

x

x x x x x x x x

x x x x x x x x x

x

x x x

x

x

x

x

x

x

447,266

545,574

98,308

829,812 187,131 176,463 729,545 1,476,818 1,111,274

883,735 222,361 189,028 764,889 1,576,815 1,223,736

53,923 35,230 12,565 35,344 99,997 112,462

$ 5,759,911

$ 6,262,318

$

502,407

$

30,369 1,954,484 1,052,415 32,307 $ 3,069,575

$

30,400 2,067,980 1,113,528 8,000 $ 3,219,908

$

31 113,496 61,113 (24,307) 150,333

x x

$

652,709 16,500 603,730 370,180 329,772 253,327 51,287 40,255 6,076 $ 2,323,836

$ 1,250,902 12,360 620,550 374,924 336,111 277,695 56,357 38,330 12,156 $ 2,979,385

$

x

$

598,193 (4,140) 16,820 4,744 6,339 24,368 5,070 (1,925) 6,080 655,549

$

$

$

569,116 27,250 421,338

587,768 91,966 437,307

$

18,652 64,716 15,969

x

x x

x x

x

558,650

$ 1,552,959

$ 1,675,691 1

$

$

50,613

$

50,600

$

115,658

$

115,700

42

x

x

41,165 96,489

$ $

41,165 96,500

11

x

x

60,521

$

60,500

(21)

x

x

-

$

68,200

68,200

27,461

$

6,900

(20,561)

61,690

$

61,700

10

x

x

304,585 184,600

$ $

334,600 263,600

30,015 79,000

x

x x

188,981

$

150,000

(38,981)

170,070

$

170,100

$ 1,419,565

A3-1

x x

x x

x x x x x x

x

x x x

x x

x x x x x x

x x x x x x x

x x x

x

122,732

(13)

30 $

x x

x

535,255

$ 1,301,833

23,395

x

PRIMARY LOCATION SchoolCommunityBased Based

117,732

x x

x

x x x

x

x

x x

x x

x

x

x x x x

x x

x

x

x

x

ATTACHMENT A3 CITY OF SANTA MONICA FY2007-08 ADOPTED YOUTH BUDGET

PROGRAM Early Childhood Education Connections for Children Employee Childcare Subsidies (City) Growing Place (Marine Park Child Development Center) Cultural Programs Cultural/Arts Grants Arts Education Transportation Grant Organizational Support California Heritage Museum Powerhouse Theatre Santa Monica Historical Society Santa Monica Museum of Art Santa Monica Playhouse Virginia Avenue Project Community Arts (CO-ARTS) Celebration Arts Donna Sternberg & Dancers/Dancessence Empire of Teeth Powerhouse Theater Santa Monica Museum of Art Santa Monica Playhouse Santa Monica Theatre Guild Verdi Chorus 18th Street Arts Center Miles Memorial Playhouse

FY2006-07 REVISED BUDGET

$

Employment* Growing Place (Mentoring Program) Saint Anne's Church and Shrine (Community Youth Organization) Youth Employment Training Program

$ 1,052,431

$ 1,016,095

$

(36,336)

$

$

$

12,980

x

x

$

$

$ Environmental and Public Transportation Awareness Big Blue Bus Marketing Program and Charter Services Elementary Student Transportation Art Project Environmental Education Environmental Programs Summer Institute and Peer Partners School Garden Program $ TOTAL ON-GOING COSTS

0-5 6-11 12-1718-24

14,232 (34,105) (16,463)

$ Special Events Santa Monica Festival (Community-Based) Santa Monica Festival (School-Based) Stairway to the Stars and other High School Events Thanksgiving Dinner Santa Monica Symphony

VARIANCE

$

33,901

$

AGES

765,000 77,395 173,700

$

750,768 111,500 190,163

FY2007-08 ADOPTED BUDGET

46,881

x x x

x x

x x x

10,750 8,087 8,087 21,752 22,121 29,395

11,212 8,422 8,422 22,325 23,044 30,959

462 335 335 573 923 1,564

x x x x x

x x x x x x

9,398 3,674 3,374 10,824 18,796 5,412 778 6,336 318,067 510,752

(1,778) 136 (3,374) (10,824) 2,799 13,210 (5,412) 112 (6,336) 7,009 12,714

x

x x

x x x x

x

x x x x x

$

7,620 3,810 21,595 13,210 890 325,076 523,466

10,506 -

$ $

50,000

313,418 323,924

$

306,035 356,035

104,992 24,000 87,167 29,560 42,170 287,889

$

$

134,368 94,265 29,803 85,945 344,381

$ $

$ $

$

(10,506) 50,000

x

x x

x

10,700

-

x

15,500

40,000 15,500

40,000 -

x

34,900

x

$ 22,714,812

$

15,000 81,200

$ 25,074,592

$

x x x x x

x x

x

x

x

x x x

x x x

x

10,700

x

x x x

x

x x

x

x

x

x

(5,100)

x x x x x x

x

243 43,775 56,492

-

x

x

x x

5,100

15,000 46,300

x x x

(7,383) 32,111 29,376 (24,000) 7,098

PRIMARY LOCATION SchoolCommunityBased Based

x x x x x

x x

x x

x x x

$ 2,359,780

* The City also employs over 227 youth (ages 16-24) in a range of positions such as: Student Worker, Junior Pool Lifeguard, Lifeguard, Police Cadet, Labor Trainee, Video Intern, and Administrative Aide. Through Virginia Avenue Park and with funding provided through the Community Development Program to the Pico Youth and Family Center and Jewish Vocational Services, another 50 youth will be assisted with employment readiness and internships.

A3-2

ATTACHMENT A3 CITY OF SANTA MONICA FY 2011-12 YOUTH BUDGET ($ in millions) FY 2011-12 ADOPTED BUDGET $13.7

PROGRAM SMMUSD Funding

PROGRAM LOCATION School-Based Comm.-Based $13.7

$0.0

After School Programs, Camps and Classes

$8.3

$3.6

$4.6

Literacy Programs

$3.8

$0.8

$3.0

Recreation/Health and Fitness Programs

$4.2

$0.6

$3.6

Public Safety Prevention and Education

$2.6

$1.7

$0.9

Youth and Family Counseling (Human Services Grants)

$1.4

$0.6

$0.8

Early Childhood Education (Human Services Grants)

$1.1

$0.0

$1.0

Cultural Programs (includes Grants)

$0.8

$0.04

$0.7

Employment

$0.7

$0

$0.7

Special Events

$0.3

$0.0

$0.3

Environmental and Public Transportation Awareness

$0.1

$0.1

$0.0

$36.9

$21.2

$15.7

TOTAL ONGOING COSTS

$40.0

Youth Budget by Program Type

SMMUSD Funding 37%

After School Programs, Camps and Classes 23%

Employment 2% Cultural Programs (includes Grants) 2%

$30.0 $25.0

Literacy Programs 10%

Special Events 1%

$35.0

Public Safety Prevention and Education 7%

Recreation/Health and Fitness Programs 11%

$20.0 $15.0 $10.0 $5.0

$0.0 PROGRAM LOCATION Youth and Family Early Childhood Counseling Education (Human (Human Services Services Grants) Grants) 3% 4%

Community-Based

School-Based

A3-3

ATTACHMENT A3 CITY OF SANTA MONICA FY 2011-12 YOUTH BUDGET FY 2011-12 ADOPTED BUDGET

PROGRAM

SMMUSD Funding Community Use of School Facilities Santa Monica High School Graduation Night Measure YY

$ $

After School Programs, Camps and Classes Camps (Sports Experience, Rosie's Girls, Camp Santa Monica) Santa Monica Sports Experience (SMSE) Camp Santa Monica Rosie's Girls

$

13,661,762 7,953,227 8,535 5,700,000 8,253,139 733,199 254,528 334,913 143,758

CREST (Childcare, Recreation, Enrichment, Sports) Childcare Childcare Fitness for Fun Homework Club Recreation (Playground Access) Enrichment Sports (Elementary and Middle School) Elementary Sports Middle School Sports

2,813,810 1,369,427 1,255,954 67,773 45,700 175,490 460,533 808,359 497,012 311,347

Police Activities League (PAL) - Police and CCS

PROGRAM LOCATION

FUNDING SOURCE General Fund Program Fees Other Sources $ 13,661,762 $ 7,953,227 8,535 5,700,000

$ $

-

$ $

-

$

-

$

-

$

$

$

92,903 6,824 2,560 2,017 2,247

$ $ $

6,328,963 556,796 179,368 277,951 99,477

$ $ $

1,831,275 169,579 72,600 54,945 42,034

Community

$ 13,661,762 $ 7,953,227 8,535 $ 5,700,000 $ $

3,605,755 254,528 254,528

1,735,062

$

-

$

40,592

Virginia Avenue Park (Youth and Families Programs)

1,497,806

$

1,484,157

$

-

$

13,649

1,497,806

Community Classes

1,245,189

$

648,284

$

596,905

$

-

1,245,189

187,482 5,935 11,215 170,332

$ $

$ $ $

187,482 5,935 11,215 170,332

$ $ $

-

187,482 5,935 11,215 170,332

$ $

3,777,076 7,673

$ $

3,777,076 7,673

$ $

-

$ $

-

$ $ $

3,769,403 3,015,522 753,881

$ $ $

3,769,403 3,015,522 753,881

$ $ $

-

$ $ $

-

Literacy Programs Empowertech (Computer Access Center) Library Programs (Community and School Based) Library Programs (Community-Based) Library Programs (School-Based)

A3-4

-

537,417

334,913 143,758

$

Annenberg Community Beach House Funday Monday (Summer event series) Youth Classes Pool

$ $

$ $

1,775,654

$ $

2,813,810 1,369,427

4,647,384 478,671

$ $

$ $ $ $ $

31,838 14,048 13,223 98 727 9,896 7,894 5,360 2,534

$

1,904,664 972,566 882,485 64,908 25,173 175,490 179,984 576,624 339,678 236,946

$ $ $ $

877,309 382,814 360,246 2,768 19,800 270,654 223,841 151,975 71,866

$ $ $

School

$ $ $ $ $

AGES 0-5

6-11

x

x

x

x

x x x

x x x

x x x

x x x x x

x x x x

x x

761,554 7,673 753,881 753,881

x

-

175,490 460,533 808,359

$

12-17 18-24

x x

x

x

x

x

x

x

x

x

x

x

x

x

x

x x x

x x

x

x x

x x

1,238,237

$

x

3,015,522 x 3,015,522 3,015,522

x

x

ATTACHMENT A3 CITY OF SANTA MONICA FY 2011-12 YOUTH BUDGET FY 2011-12 ADOPTED BUDGET

PROGRAM

Recreation/Health and Fitness Programs Community Aquatics Field Permitting Program Memorial Park Gym Playground Partnership Skate Park Tennis Program Outdoor Facility Permits Santa Monica Adaptive Recreation and Sports (SMARS) Programs

$

Public Safety Prevention and Education Crossing Guards (Police Department) Fire Safety Educational Tours Police Department Youth Services Division (Community-Based) Police Department Youth Services Division (School-Based)

$

Youth and Family Counseling (Human Services Grants) Center for Civic Mediation (Youth Peer Mediation and Conflict Resolution) CLARE (Clarity for Youth) Family Service of Santa Monica (Muir/McKinley Elementary) Family Service of Santa Monica (Agency Based Community Support) Family Service of Santa Monica (SAMOHI Counseling and Case Mgmt Program) Family Service of Santa Monica (Preschool Early Intervention and Violence Prevention) Family Service of Santa Monica (Edison Language Academy Elementary School) Ocean Park Community Center (Sojourn Services) Pico Youth & Family Center Saint John's Child & Family Development Center (Rogers Learning Community Elementary Prgm) Saint John's Child & Family Development Center (Youth Development Project) Santa Monica College (Pico Promise) St. Joseph Center (Family Self Sufficiency)

$

General Fund Program Fees Other Sources

4,198,918 1,888,234 994,595 28,298 467,250 344,769 27,051 293,310 155,412

$

2,623,376 693,944 88,817 809,870 1,030,744

$ $

1,437,621 51,087 40,233 97,429 61,083 41,920 68,856 58,407 62,303 307,532 58,407 266,137 151,444 172,783

$

A3-5

PROGRAM LOCATION

FUNDING SOURCE

3,658,337 1,502,308 994,595 27,463 467,250 321,408 13,382 176,520 155,412

$ $ $ $

2,623,376 693,944 88,817 809,870 1,030,744

$

1,437,621 51,087 40,233 97,429 61,083 41,920 68,856 58,407 62,303 307,532 58,407 266,137 151,444 172,783

$

540,581 385,926 835

$ $ $ $

-

School $

613,905

Community $

3,585,013 1,888,234 994,595 28,298

467,250 $ $ $

23,362 13,669 116,790

-

-

$

1,731,343 693,944 6,655

0-5

6-11

x

x x x x x x x x

x x x x x x x x

x x x x

x

x x x x

x x

x x

x x x

x

x x x

x x x

x x

344,769 27,051 146,655 155,412

146,655

$

AGES

$

$

-

$

591,156

x x

82,162 809,870

$

x x x x x x x x

892,033

1,030,744 -

12-17 18-24

846,465 51,087 40,233

97,429 61,083 41,920 68,856 58,407

x x

x x

x x

x

x

x 62,303 307,532

58,407 266,137

x 151,444 172,783

x

x x x

ATTACHMENT A3 CITY OF SANTA MONICA FY 2011-12 YOUTH BUDGET FY 2011-12 ADOPTED BUDGET

PROGRAM

Early Childhood Education Connections for Children (Childcare Subsidy and Family Support) Connections for Children (Kindergarten Readiness in SM) Employee Chilcare Subsidies Growing Place (Marine Park Child Development Center)

$

Cultural Programs Arts Education Transportation Grant Organizational Support California Heritage Museum Madison Project/Broad Stage Santa Monica Historical Society Santa Monica Museum of Art Santa Monica Playhouse Santa Monica Symphony Virginia Avenue Project Highways Performance Space 18th Street Arts Center Ruskin Group Theatre Morgan-Wixson Theatre OSP Salaries and Wages Community Arts (Community Access and Participation Grants) Jacaranda Donna Sternberg & Dancers/Dancessence TeAda Productions Powerhouse Theater Santa Monica Museum of Art Santa Monica Playhouse City Garage Verdi Chorus 18th Street Arts Center Morgan-Wixson BTF Highways Performance Elemental Strings/Maestro Found Virginia Ave Project ALL CAP Salaries and Wages Miles Memorial Playhouse

General Fund Program Fees Other Sources

1,073,634 832,363 43,899 32,000 165,372

$

$

765,801

$

42,399

993,634 752,363 43,899 32,000 165,372

$

$

750,801

$

$

27,399

-

-

-

89,989 600 700 1,220 525 13,100 7,000 1,750 175 13,100 3,500 2,620 6,100 12,200 27,399

89,989 600 700 1,220 525 13,100 7,000 1,750 175 13,100 3,500 2,620 6,100 12,200 27,399

-

A3-6

520,248

80,000 80,000

$

43,899

Community $

1,029,735 832,363 32,000 165,372

113,164 3,900 2,250 915 12,000 15,600 5,300 28,000 6,500 6,800 750 3,750 27,399

$

$

School

43,899

113,164 3,900 2,250 915 12,000 15,600 5,300 28,000 6,500 6,800 750 3,750 27,399

520,248

PROGRAM LOCATION

FUNDING SOURCE

$

15,000

$

15,000

42,399

-

-

-

$

42,399

-

$

AGES 0-5

6-11

x x x x

x x x

12-17 18-24

723,402 x

x

113,164 3,900 2,250 915 12,000 15,600 5,300 28,000 6,500 6,800 750 3,750 27,399

x x x x x x x x x x x x

x x x x x x x x x x x x

x x x x x x x x x x x x

89,989 600 700 1,220 525 13,100 7,000 1,750 175 13,100 3,500 2,620 6,100 12,200 27,399

x x x x x x x x x x x x x x

x x x x x x x x x x x x x x

x x x x x x x x x x x x x x

x

x

x

520,248

x

x

ATTACHMENT A3 CITY OF SANTA MONICA FY 2011-12 YOUTH BUDGET FY 2011-12 ADOPTED BUDGET

PROGRAM

Employment* Jewish Vocational Services (Santa Monica High School) Virginia Avenue Trades Intern Program

$

Special Events Community Festivals Students Run LA

$

Environmental and Public Transportation Awareness Big Blue Bus Marketing Program and Charter Services Environmental Education Peer Partners School Garden Program Sustainable Santa Monica Sculpture and Poster Contest

$

TOTAL ONGOING COSTS

$

General Fund Program Fees Other Sources

710,481 50,481 660,000

$ $ $

710,481 50,481 660,000

$

286,638 277,441 9,197

$

$

$

286,638 277,441 9,197

79,520 29,020 24,500 6,000 15,000 5,000

$ $ $ $ $ $

79,520 29,020 24,500 6,000 15,000 5,000

$

$

$ 34,308,208

$

36,867,965

PROGRAM LOCATION

FUNDING SOURCE

-

$

-

School $

Community $

0-5

6-11

12-17 18-24

660,000 x x

660,000 -

-

2,371,856

$

$

$ $

-

-

$

$

187,903

-

79,520 29,020 24,500 6,000 15,000 5,000

$ 21,181,774

*The City also employs over 158 youth (ages 16-24) in a range of positions such as: Student Workers, Junio Pool Lifeguard, Lifeguard, Police Cadet, Labor Trainee, Video Intern, and Administrative Aide.

A3-7

50,481 50,481

AGES

$

$

286,638 277,441 9,197

x

x

x x

x x

x x

$ 15,686,191

x

x x

x x x x

ATTACHMENT A3

Youth Budget Santa Monica Youth: A Substantial Investment The City of Santa Monica makes a FY 2013-14 Youth Budget by Program Type substantial investment in our youth, from (in millions) cradle to career. In FY 2013-14, $1.3 approximately $40.5 million will be spent 3% $1.7 SMMUSD Partnership on programs that support the health and 4% wellbeing of children from birth to age 24, Employment & Skills $3 .9 with an additional $750,000 set aside as Development 10 % financial assistance for program Culture & Recreation $15.0 participants from low income households. 37% Programs are provided directly by the City Mental Health, Safety & $10.0 and through innovative partnerships with Support Services 25% the Santa Monica-Malibu Unified School Early Childhood $8.7 District and nonprofit organizations. This Development 21% investment is funded by the City’s General Policy, Administration & Information Fund ($36.8 million), program-generated user fees ($2.5 million), and other sources like local grants, public/private partnerships, and Development Agreements ($1.2 million). We make this investment each year because supporting the healthy development of our youth benefits the entire community. By equipping young people with the tools needed to thrive, we are shaping future generations of engaged citizens that will contribute to Santa Monica’s economic vitality and strengthen our sense of community.

Youth Wellbeing: A Common Agenda We know Santa Monica to be a relatively safe community full of opportunity. However, through Santa Monica’s first Youth Wellbeing Report Card (2012/2013), we found some surprising areas of concern. For example, two thirds of young children are not adequately prepared for Kindergarten and a third of teens report symptoms of depression. We take the wellbeing of our youth seriously. Our Cradle to Career Initiative is a collective impact approach to creating a community where every child has opportunity to thrive. The City, School District, Santa Monica College, and nonprofit partners have been working together to identify action steps that address key areas of concern among our youth, including early childhood development, emotional health and social connections, and college and career readiness. Moving forward, the financial investment we make in our youth will be directly aligned with the goals identified through the Cradle to Career Initiative, paving the way for greater transparency and accountability on our progress. For more information on the Youth Wellbeing Report Card, the Cradle to Career Initiative, and a detailed breakdown of youth budget expenditures, please visit www.santamonicayouth.net.

A3-8

ATTACHMENT A3

CITY OF SANTA MONICA

Please note: The City's Youth Budget has been significantly updated for FY 2013-14 in order to better communicate how this investment is allocated. For more information about these programs and services, visit www.santamonicayouth.net.

FY 2013-14 Proposed Budget

PROGRAM

AGES SERVED 0-5

SMMUSD Partnership Community Use of School Facilities Santa Monica High School Graduation Night Measure YY Employment & Skills Development Rosie's Girls CREST Homework Club Enrichment Police Activities League Community and Cultural Services Virginia Avenue Park Library Programs School Garden Employment1 Youth Technology Program Chrysalis - Older Youth Jewish Vocational Services Summer Intern Program Trades Interns Programs Landscape City Maintenance Administration Culture & Recreation Arts Education Transportation Grants Organizational Support Program Grants Santa Monica Museum of Art 18th Street Arts Center Madison Project/Broad Stage Virginia Avenue Project Highways Inc. California Heritage Museum Santa Monica Playhouse Santa Monica Symphony Ruskin Group Theatre Morgan-Wixson Theatre Santa Monica History Museum Grants Administration Community Access and Participation Grants Miles Memorial Playhouse Virginia Avenue Park - Artist in Residence Nutrition and Environmental Awareness Farmer's Market Programs Peer Partners Heal the Bay Sustainable Works Special Events Community Festivals

15,091,277 8,282,650 8,535 6,800,092 8,680,846 222,666 598,973 81,156 517,817 899,629 899,629 1,508,451 4,698,036 15,000 738,090 56,266 13,872 51,743 52,000 564,209 79,656 401,714 82,840 9,955,908 35,708 102,656 3,600 2,040 2,250 28,000 780 2,340 6,045 6,360 50 1,100 915 49,176 100,634 136,734 109,136 96,193 10,193 5,000 24,500 56,500 159,166 159,166

A3-9

X X X

X X X

6-11

12-17

18-24

X X

X X X X X X X X X X x X X X X X X X X

X X

X X X X X X X x X X X X

X X

X x X

X X X X X X X X X

X

X X X X

X X X

X X X X X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X

X X X

ATTACHMENT A3

CITY OF SANTA MONICA

Please note: The City's Youth Budget has been significantly updated for FY 2013-14 in order to better communicate how this investment is allocated. For more information about these programs and services, visit www.santamonicayouth.net.

FY 2013-14 Proposed Budget

PROGRAM Recreation, Health and Fitness Community Aquatics Memorial Park Gym Skate Park Tennis Program Santa Monica Adaptive Recreation and Sports Field Permitting Program Playground Partnership Annenberg Community Beach House Year-round Events Pool Youth Classes Camps Santa Monica Sports Experience Camp Santa Monica CREST Childcare Playground Access Elementary Sports Middle School Sports Police Activities League Community and Cultural Services Police Department Community Classes

3,749,720 1,553,940 187,338 281,945 186,714 44,144 1,393,956 101,683 507,054 55,365 358,747 92,942 865,988 268,294 597,694 2,729,118 1,769,393 172,630 501,725 285,371 701,473 273,103 428,370 662,328

Mental Health, Safety & Support Services Center for Civic Mediation Clarity for Youth - CLARE Foundation Family Service of Santa Monica Muir/McKinley Elementary Agency Based Community Support SAMOHI Counseling and Case Mgmt Program Edison Language Academy Elementary School Ocean Park Community Center - Sojourn Services Saint John's Child & Family Development Center Rogers Learning Community Elementary Prgm Youth Development Project Social and Environmental Entrepreneurs / Pico Youth and Family Center Youth Resource Team Collaborative Pico Promise - Santa Monica College St. Joseph Center - Family Self Sufficiency Fire Safety Educational Tours Crossing Guards Police Department Youth Services Division

3,891,689 52,364 41,239 265,310 99,865 62,610 42,968 59,867 63,846 332,657 59,867 272,790 225,000 90,220 155,230 176,925 253,491 756,988 1,478,418

A3-10

AGES SERVED 0-5

6-11

12-17

18-24

X X X

X X X X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X

X X X X X X

X X X X

X X X X X

X

X

X X

X X X

X X

X X X

X X X X X

X X X

X X X X X

X

X X X X X

X

X X X X X X X

X X X X X X

X

ATTACHMENT A3

CITY OF SANTA MONICA

Please note: The City's Youth Budget has been significantly updated for FY 2013-14 in order to better communicate how this investment is allocated. For more information about these programs and services, visit www.santamonicayouth.net.

FY 2013-14 Proposed Budget

PROGRAM Early Childhood Development2 Connections for Children Childcare Subsidy and Family Support 5 Kindergarten Readiness in Santa Monica Family Service of Santa Monica Preschool Early Intervention and Violence Prevention Growing Place - Marine Park Child Development Center3 Community Classes (Early Childhood) Employee Childcare Subsidies Development Agreement Subsidies4 Bright Horizons Hill an'Dale 3 Saint John's Policy, Administration & Information Outreach & Engagement Youth and Family Initiatives Cradle to Career Interagency Coordination ActiveNet Reservation System TOTAL ANNUAL ONGOING INVESTMENT IN YOUTH

1,670,866 896,168 851,172 44,996 70,577 70,577 169,506 186,811 29,857 317,947 46,742 126,676 144,529 1,246,444 52,500 1,049,752 85,000 59,192 40,537,031

NOTES: 1/ The City also employs 125 youth (ages 16-24) in a range of positions such as: Student Workers, Junior Pool Lifeguard, Lifeguard, Police Cadet, Labor Trainee, Video Intern,Administrative Intern, and Administrative Aide. These 2/ The City has $948,720 in a set-aside fund for the development of an Early Childhood Education Center. These monies come from a Development Agreement with RAND and development fees collected as part of the Child Linkage Fees. These monies have not been included as part of this youth budget as they have not been allocated for use this 3/ The City provides subsidized facilities at a fair market rental value of $286,280 to Growing Place - Marine Park Child Development Center and Hill an'Dale that are not included as part of this youth budget. 4 /$397,947 in childcare subsidies are funded by private developers as part of Development Agreements. The City passes through $80,000 of these monies to Connections for Children, which has been included as part of the City and youth budget. The remaining $317,947 are paid directly by developers to the childcare facility and are included in the

A3-11

AGES SERVED 0-5

6-11

X X X X X X X X X X X X X X X X X X X

X X X X

12-17

18-24

X

X

X

X X X X X X

X X X X X X

X X X X X X

ATTACHMENT A4

City of Santa Monica Human Services Grants Program Proposed Agency Boys & Girls Club of Santa Monica Center for Civic Mediation Center for the Partially Sighted Chrysalis CLARE

Common Ground Community Corporation of Santa Monica Connections for Children El Nido Family Center Empowertech Family Services of Santa Monica/Vista del Mar

The Growing Place Jewish Vocational Service Legal Aid Foundation of Los Angeles Meals on Wheels West New Directions OPCC

Pico Youth and Family Center Saint John's Child and Family Development Center

Program Main Branch Renovation Van Purchase Youth Peer Mediation and Conflict Resolution Comprehensive Low Vision Services Santa Monica Employment Center Supportive Housing Program Clarity for Youth Coordinated Case Management Homeless Community Court Integrated Women's Recovery Center Men's Recovery Home Kitchen & Dining Hall Renovation HIV, Hepatitis C & Substance Use Safety Net Services Administrative Fund Child Care Subsidy and Family Support Kindergarten Readiness in Santa Monica Santa Monica Outreach Program Assistive Technology (AT) Program Agency-based Services Early Intervention & Violence Prevention Preschool Edison Language Academy Elementary School Muir and McKinley Elementary School SAMOHI Counseling & Case Management Marine Park Child Development Center Youth Employment General Community Legal Services Domestic Violence Clinic Home-Delivered Meals Supportive Housing Access Center Daybreak Day Center and Shelter Safe Haven Sojourn Services Interim Housing & Wellness Westside Domestic Violence Network Agency Relocation Services for Youth and Families Youth Development Project Rogers Learning Community Elementary School

(a) Federal Supportive Housing Program (SHP) contract renewal subject to approval by LAHSA

A4-1

FY 2010-11

FY 2011-12

FY 2012-13

FY 2013-14

Santa Monica Grant 51,087 10,904 240,744 36,686 98,283 57,362 255,000 129,030 145,000 852,363 116,814 30,693 61,083 68,856 97,429 41,920 175,372 50,481 400,115 76,933 47,305 42,823 233,011 227,866 118,848 62,303 833,767 6,865 81,000 307,532 266,137 -

Santa Monica Grant 80,000 41,855 51,087 277,430 40,233 115,412 44,000 90,000 832,363 43,899 7,673 61,083 68,856 58,407 97,429 41,920 165,372 50,481 400,115 76,933 47,305 42,823 233,011 227,866 118,848 62,303 833,767 6,865 307,532 266,137 58,407

Santa Monica Grant 52,364 284,116 41,239 118,194 92,250 851,172 44,996 -

Santa Monica Grant 52,364 284,116 41,239 118,194 92,250 851,172 44,996 -

62,610 70,577 59,867 99,865 42,968 169,506 51,743 410,118 78,856 48,488 42,823 235,945 233,515 121,794 63,846 854,402 7,037 272,790 59,867

62,610 70,577 59,867 99,865 42,968 169,506 51,743 410,118 78,856 48,488 44,605 (a) 240,655 (a) 233,515 121,794 63,846 854,402 7,037 272,790 59,867

ATTACHMENT A4

Proposed Agency St. Joseph Center

Santa Monica College Social and Environmental Entrepreneurs Step Up on Second

Upward Bound House Venice Family Clinic Westside Center for Independent Living Westide Food Bank WISE & Healthy Aging

YRT Collaborative

Program Eviction Prevention and Rehousing Assistance Family Self Sufficiency Homeless Prevention & Stabilization in Housing Shelter Plus Care Supportive Housing Pico Promise Pico Youth and Family Center Housing Development and Expansion Project Sanctuary Step Off the Streets Family Place Transitional Housing Primary Health Care to Low-Income/Uninsured Residents Home Access Program Independent Living Services Emergency Food Distribution Adult Day Care Care Management Congregate Meals Paratransit Senior Peer Counseling Senior Center Operations WISE Connections Ken Edwards Center Facility Improvements

(a) Federal Supportive Housing Program (SHP) contract renewal subject to approval by LAHSA

A4-2

FY 2010-11

FY 2011-12

FY 2012-13

FY 2013-14

Santa Monica Grant 174,387 172,783 367,100 38,417 60,758 151,444 117,000 163,445 84,200 10,904 94,127 30,750 160,127 101,972 128,222 202,026 227,870 202,751 89,958 45,837 7,847,690

Santa Monica Grant 15,476 172,783 367,100 38,417 60,758 151,444 150,445 97,200 15,000 94,127 35,750 160,127 101,972 128,222 200,000 227,870 209,062 89,958 45,000 225,000 7,435,123

Santa Monica Grant

Santa Monica Grant

176,925 375,532 39,377 60,758 155,230 340,220 154,141 97,525 15,375 96,381 36,644 164,130 104,521 131,428 205,000 233,567 285,289 92,207 150,000 46,125 7,431,323

176,925 375,532 39,377 63,432 (a) 155,230 225,000 154,141 101,090 (a) 15,375 96,381 36,644 164,130 104,521 131,428 205,000 233,567 285,289 92,207 150,000 46,125 90,220 7,419,054

ATTACHMENT A5 Community Investment in Mental Health Services Youth • 3.6% ($1,473,368) of the City’s total Youth Budget is dedicated to mental health and social services o $605,934 (41%) allocated to school-based services o $867,434 (59%) allocated to community-based services City-funded agencies providing youth mental health and support services include: • Center for Civic Mediation • Clare Foundation (Clarity for Youth substance abuse prevention and intervention) • Family Service of Santa Monica • Saint John’s Child & Family Development Center • OPCC Sojourn (domestic/family/teen dating violence services) • St Joseph Center (Family Self-Sufficiency Program) • Santa Monica College Pico Promise • SEE/PYFC (case management to older youth ages 16-24 years) In addition, some of these funded agencies provide community-based services via City programs: • CREST o Center for Civic Mediation provides healthy relationship/communication workshops for 12-14 year olds at Camp Santa Monica o Saint Johns therapists meets regularly with Will Rogers Elementary CREST staff to identify behavioral issues in children enrolled in their CREST afterschool program o Family Services Santa Monica therapists meet regularly with CREST staff and school administrators at Muir, McKinley and Edison Elementary Schools to assist with behavioral challenges • PAL: Saint Johns provides services as needed during PAL’s summer program • Virginia Avenue Park o Saint Johns provides services to transitional age youth o Family Services Santa Monica provides services via their DMH Field Capable Clinical services o CLARE provides substance abuse prevention and intervention via Clarity for Youth Homeless • $2.7 million of the $7 million granted via the HSG Program is allocated to homeless services with approximately $720K allocated to mental health services • City consultant and LCSW provides mental health case conferencing services to funded agencies ($39K invested) City-funded agencies providing homeless mental health services include: • OPCC • St Joseph Center • Step Up on Second • Clare 1

ATTACHMENT A5 Seniors & Persons with Disabilities • $1.5 million of the $7 million granted via the HSG Program is allocated to senior and disability services. Approximately $92,207 is allocated to mental health services for these populations City-funded agencies providing senior and persons with disabilities mental health services include: • WISE • Common Ground • Westside Center for Independent Living (advocacy for people with disabilities including those with mental illness) In addition to City funded services, the City and its service partners, coordinate extensive relationships with various entities to leverage funds, which include but are not limited to: o o o o

o o o o

Edelman Westside Mental Health – Adult, children, families, and homeless individual Westside Family Health Center Department of Children and Family Services (DCFS) – Staffs one case worker co-located at SMPD that can act as a gateway to mental health services when appropriate Department of Mental Health (DMH)  Psychiatric Mobile Response Team: In-field specialist to ride with the SMPD HLP team three days a week for services and assistance  Full Service Partnership (FSP): Services for both homeless individuals and children/transitional aged youth (16-24)  OPCC’s Integrated Mobile Health Team (IMHT) program: Outreach and case management for chronically homeless Santa Monica priority population.  Homeless Community Court: In kind psychiatrist to work with the Court clients  St. Joseph Center’s Animo Program: Clinical/Case management services for Latino youth and families located at VAP  Didi Hirsch: Adult, children, families, and homeless individual Venice Family Clinic – Adult, children, families, and homeless individual Veterans Administration Adult Protective Services (APS) Exodus Recovery – Urgent psychiatric care

2

ATTACHMENT B Modifications to Proposed Fee Amounts At the May 28 a nd 29 B udget study sessions, Councilmembers asked staff to reconsider selected fee amounts. The following is a listing of modified fees. •

City Council Agenda Mailing Subscription Fee ($11 per year proposed in Decision Package) – This fee is no longer proposed for adoption. Elimination of this fee will have a nominal revenue impact.

•

Election Filing and T ranslation Fees ($25 filing fee and $175 translation fee proposed in Decision Package) – At the meeting, Council expressed an interest in supporting a fee related to the handling and printing of candidate statements that included a greater cost recovery, as opposed to a fee that was tied to translation and recovered less for the City. Staff is proposing a fee of $300 to recover the City’s costs of printing and handling of the candidate statements. Staff is maintaining the previously-proposed $25 candidate filing fee in accordance with the State Election Code. An authorizing ordinance is being presented to Council via a separate staff report concurrent with consideration of the budget. Revenue impact is nominal in FY 2014-15.

•

Alarm Registration Fee – At the study sessions, Council was informed that the fee was pending further discussions between the Police Department and the City Attorney’s Office. Based on these discussions, the fee of $27 is now included in the fees proposed for adoption. The $152,000 expected annual revenue from the fee was already included in the Proposed Budget. An authorizing ordinance is being presented to Council via a s eparate staff report concurrent with consideration of the budget.

•

Block Party Permit – Based on C ouncil concern that the proposed fee was excessive, the fee was re-examined and staff now recommends lowering the fee from the full cost recovery amount of $277 to $50. D ue to the infrequent issuance of these permits, the revenue loss is nominal.

•

Solar Panel Review – The fee study identified a new fee that would be imposed on property owners installing solar panels. This fee would recover the costs of 1

ATTACHMENT B Fire Department inspections of panel installation conducted prior to issuance of a certificate of occupancy. During the Budget study session discussion on fees, members of the Council requested that staff consider reducing the fee in order to avoid a disincentive to residents wishing to install clean energy systems in their homes. Instead of requiring full cost recovery for the program, which would result in a rate of $405 per property, staff is proposing a reduced cost recovery of 50%, or $200 per inspection. A 50% cost recovery goal would be similar to that of inspection fees for Building and Safety single trade permits on single family homes. This change would lower budgeted revenue estimates by $2,000. This decrease is included in the list of final changes to the FY 2013-15 Biennial Budget. Staff estimates that 95% of solar panel projects involve single family homes, therefore, a separate fee structure for commercial buildings as opposed to single family homes is not recommended. •

Beach Volleyball Courts – Based on recommendations from the Recreation and Parks Commission and Council discussion, staff has included a r educed daily rate of $21 for tournaments and a reduced hourly rate of $15 for camps. This will have a nominal impact on revenues.

•

Late Fee – Staff is recommending a late fee for delinquent payments. T he recommended fee is 10% per month. The master fee resolution authorizes the Director of Finance to waive late charges based on individual circumstances. At this time, the fee will not be applied to utility bills as staff will return at a later time with those recommendations.

•

Preferential Parking Permit Rates (Decision Package) – Following input received during the budget study sessions, staff modified its proposed preferential parking rates to lower the cost of the first permit and raise the cost of the third or more permit as reflected in bold below.

Resident Permit

Current

Proposed

Revised Proposed $20

First

$15

$25

Second

$15

$25

Third

$15

$35

$25 $40

Fourth or More

$15

$45

$60

2

ATTACHMENT B

Permits Valid for 6 months or less First

$7.50

$15

Second

$7.50

$15

Third

$7.50

$25

Fourth or More

$7.50

$35

$35

First Replacement with Police Report

Free

Free

Free

Second or more replacement

Free

Hang Tag

50%

Free

$5

$15

$30

Day Guest self-print at home

Free

Free

Day Guest Pick Up in City Office

Free

$2

Visitor Permit Limit 2

3

$10 $15 $25

50% $5

$30 Free $2

ATTACHMENT C1

City Council Meeting 6-25-2013

Santa Monica, California

RESOLUTION NO.

(CCS)

(CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING VARIOUS PERMIT AND USER FEES IN THE PLANNING AND COMMUNITY DEVELOPMENT, PUBLIC WORKS, POLICE, FIRE, BIG BLUE BUS, FINANCE, COMMUNITY AND CULTURAL SERVICES, AND LIBRARY DEPARTMENTS WHEREAS, it is the policy of the City of Santa Monica (the “City”) to charge for the full costs of services provided by City Staff when such services benefit individual users rather than members of the community as a whole; and WHEREAS, Ordinance Number 1754 (CCS) (the "Ordinance"), adopted July 12, 1994, governs the setting of the amount of user fees or fees for services provided to or for the benefit of particular individuals rather than the general public and allows such user fees or fees for services to be set by ordinance, by a resolution adopted by the City Council, or by any other means authorized by law; and WHEREAS, in accordance with the Ordinance, the City has previously adopted various resolutions setting the amount of user fees or fees for services provided by various City departments to or for the benefit of particular individuals rather than the general public; and WHEREAS, although it is the City’s policy to charge for the full costs of services provided by City Staff when such services benefit individual users rather than members of the community as a w hole, the City has calculated the cost of providing various recreational services and opportunities to individuals and has discounted those costs to 1

ATTACHMENT C1

ensure that individuals will be able to utilize these services and opportunities; and WHEREAS, it is the policy of the City to charge for the use of City facilities when such use benefits individuals rather than the community as a whole; and WHEREAS, the Santa Monica Municipal Code authorizes the City to establish charges for commercial and other uses of public property by individuals and groups, and further authorizes setting the amount of such charges by resolution; and WHEREAS, the City has calculated the cost of making various facilities available for use by individuals and groups; and WHEREAS, the City further makes various recreational facilities, fields, courts, parking lots, swimming pools, rooms, auditoriums, and patios, which are sited in City parks, Santa Monica beach and other locations available for recreational activities and events pursuant to City guidelines; and WHEREAS, it is the policy of the City to establish user charges for those locations so as to promote use of its limited facilities by this community and by groups working to promote this community’s welfare; and WHEREAS, the City is charged with the operation and maintenance of 415 Pacific Coast Highway (Annenberg Community Beach House at Santa Monica State Beach, “Beach House”) pursuant to a 2005 O perating Agreement with the State of California, Department of Parks and Recreation; and WHEREAS, pursuant to the Operating Agreement, the City may adopt rules and regulations for the use and enjoyment of the Beach House by the public; and WHEREAS, the City also has the authority to charge market rates for private use of 2

ATTACHMENT C1

public resources, including the Beach House; and WHEREAS, the Re-Use Plan for the Beach House, approved by City Council in 1998, recommended that operating costs be c overed through a v ariety of revenues including fees and charges for parking, community use of facilities, and private rental of facilities; and WHEREAS, Santa Monica Code Section 4.68.080 authorizes the City Council to establish filing fees and neighborhood notification fees for community events; and WHEREAS, the City’s Community Events Policy establishes three categories of events which are subject to different processing times; and WHEREAS, to maintain water safety and maximize public recreational opportunities, it is necessary for the City of Santa Monica to regulate surfing instruction on Santa Monica State Beach; and WHEREAS, the City anticipates receiving a large number of proposals for surfing instruction and beach/water activity permits as authorized by Santa Monica Municipal Code Sections 4.55.230 and 4.55.210; and WHEREAS, the City of Santa Monica manages taxicab franchises to ensure an effective and efficient taxicab fleet that meets a common standard of care; and WHEREAS, the City Council of the City of Santa Monica (“Council”) is authorized to set annual taxicab franchise fees, annual taxicab vehicle permit fees, and annual taxicab driver permit fees, and WHEREAS, Council is authorized to set taximeter rates by resolution, and WHEREAS, annual taxicab permit fees are set at an amount that covers the City’s 3

ATTACHMENT C1

administrative costs to manage the taxicab franchises, and WHEREAS, the City has calculated the cost of providing various pedicab-related permits; and WHEREAS, the City recently completed a study of existing and proposed City fees charged for various permits and f or providing various services in the various City departments for the purpose of updating certain fee amounts to reflect current costs of services; and WHEREAS, the City desires to revise and establish permit and user fees charged by various City departments by this resolution in order to preserve public resources for the benefit of the community as a whole and avoid diverting these resources to the benefit of individuals; and WHEREAS, the City further desires to consolidate the fee resolutions it previously adopted into this resolution in order to streamline the process for adopting and charging City permit and user fees and to allow the public to more easily gather information about such fees. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Fees in the Planning and Community Development Department are hereby set as stated in Exhibits A, B, C, and D. SECTION 2. Fees in the Public Works Department are hereby set as stated in Exhibits E, F and G. SECTION 3. Fees in the Police Department are hereby set as stated in Exhibit H.

4

ATTACHMENT C1

SECTION 4. Fees in the Fire Department are hereby set as stated in Exhibit I. SECTION 5. Fees in the Records and Election Services (City Clerk) Department are hereby set as stated in Exhibit J. SECTION 6. Miscellaneous fees in various City departments are hereby set as stated in Exhibit K. SECTION 7. Fees in the Office of Sustainability and the Environment are hereby set as stated in Exhibit L. SECTION 8. Fees for administration of the City’s taxicab franchise program are hereby set as stated in Exhibit M. SECTION 9. Fees for administration of the City’s pedicab program are hereby set as stated in Exhibit N. SECTION 10. Program fees in the Community and Cultural Services Department are hereby set as stated in Exhibit O. SECTION 11. Facility rental charges for use of facilities located in City parks and at the Ken Edwards Center are hereby set as stated in Exhibits P1 and P2. SECTION 12. Charges for the rental of sports facilities are hereby set as stated in Exhibit P3. SECTION 13. C harges for filming and phot ography in Ken Edwards Center, buildings and sports facilities in City parks, and at Santa Monica State Beach are hereby set as stated in Exhibit P4. A dditional beach filming permit information is specified in Resolution 2393(CCS). SECTION 14. C harges for rental of the Santa Monica Swim Center pools and meeting room are hereby set as stated in Exhibit P5. SECTION 15. The City of Santa Monica licenses use of garden plots to Santa 5

ATTACHMENT C1

Monica Residents only. Charges for the use of Community plots are hereby set as stated in Exhibit P6. SECTION 16. The City of Santa Monica permits use of the Douglas Park Lawn Bowling Green to the Santa Monica Lawn Bowling Club. An annual maintenance charge is hereby set as stated in Exhibit P6. SECTION 17. Permits for use of Group BBQ/Picnic areas shall be issued to groups of up to 150 people. Groups over 150 people must apply for a Community Events Permits. Group/BBQ Picnic rental charges are hereby set as stated in Exhibit P6. SECTION 18. Charges for the rental of the Miles Memorial Playhouse are hereby set as stated in Exhibit P7. Charges for use of the Miles Memorial Playhouse which are not included in Exhibit P7 shall be determined by the Community and Cultural Services Director based upon the costs incurred in providing the facility or program. SECTION 19. Organizations using City recreational facilities may be c harged additional costs beyond those listed on the attached Exhibits when: 1.

Use of the facility by any organization requires facility coverage or maintenance beyond that normally provided.

2.

Use of the facility results in damage to the facility interior, exterior or its furnishings.

SECTION 20: Charges for the use of the Beach House are hereby set as stated in Exhibit Q. SECTION 21. Fees for Community Events are hereby set as stated in Exhibit R. SECTION 22. Fees for Surf Instruction are hereby set as stated in Exhibit S. SECTION 23. Fees for the Library are hereby set as stated in Exhibit T. SECTION 24. Charges for the use of community and recreational facilities which 6

ATTACHMENT C1

are not listed in this resolution shall be determined by the Community and Cultural Services Director and shall be based upon the costs incurred in providing the facility or program. SECTION 25: Unless otherwise provided, for accounts that are not paid by the due date, a late fee of ten percent (10%) shall be charged on any unpaid balance, and an additional late fee of ten percent (10%) shall be charged on any unpaid balance each month thereafter. The Director of Finance shall have the authority to settle disputes by reducing or waiving amounts due f or penalties and interest on delinquent fees if such reduction or waiver serves to promote the City’s fiscal welfare by expeditious payment, enhancing revenue or otherwise. SECTION 26. Commencing on J uly 1, 2014 and on J uly 1 of each fiscal year thereafter, all fees established by this resolution, unless noted otherwise, shall be administratively revised and increased annually by a factor equal to the net change in City salaries and benefits costs for that fiscal year. Such net change is measured by comparing the total budgeted City salary and benefit costs for the fiscal year in which the change is to become effective to the total budgeted City salary and benefit costs for the prior fiscal year. Notwithstanding the foregoing, in no event shall the annual administrative revision set forth in Section 26 be less than zero percent (0%). SECTION 27. Charges and fees governed by Section 66013 and Section 66014 of the of the State Government Code (Mitigation Fee Act) set by this resolution shall be effective on September 1, 2013, which is at least sixty (60) days after adoption, in accordance with Government Code section 66017. All other fees set by this resolution will take effect July 1, 2013 unless otherwise noted. SECTION 28. R esolution Numbers 7904 (CCS), 10361 (CCS), 10383 (CCS), 10487 (CCS), 10488 (CCS), 10489 (CCS), 10561 (CCS), 10563 (CCS), 10585 (CCS), 7

ATTACHMENT C1

10610 (CCS), 10615 (CCS), 10645 (CCS), 10686 (CCS), 10687 (CCS), 10688 (CCS), and 10726 (CCS) are hereby repealed in their entirety. SECTION 29. If there are any conflicts between the fees adopted in this resolution and fees adopted by any prior resolution or fee schedule, the fees adopted pursuant to this resolution shall take control. SECTION 30. T he 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:

_______________________ MARSHA JONES MOUTRIE City Attorney Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Exhibit M Exhibit N Exhibit O Exhibit P Exhibit Q Exhibit R Exhibit S Exhibit T

Planning Division Fees Building and Safety Fees Transportation Planning and Engineering Fees Code Compliance Fees Public Works Fees Public Landscape Fees Film Permit Fees Police Department Fees Fire Department Fees Records and Election Services Fees Miscellaneous Fees Office of Sustainability and the Environment Fees Taxi Fees Pedicab Fees Community and Cultural Services Program Fees Community and Cultural Services Facility Fees Beach House Fees Community Events Fees Surf Instruction Fees Library Fees

8

Exhibit A - Planning Division Service Adjustment Administrative Approval Alcohol Determination Alcohol Exemption Appeal - Planning Permit Applications Filed After the Fact Architectural Review - Bldg. Color/Materials Architectural Review-Signs or Landscaping Architectural Review -Staff Approval-All Others Architectural Review-Staff Approval-STP Certificate of Appropriateness Certificate of Compliance Certificate of Economic Hardship Conditional Use Permit Demolition Permit Design Compatibility Permit Development Agreement (per hour-charged against an initial deposit of $15,000) Development Review Fence/Wall/Hedge Height-Mod-Admin Fence/Wall/Hedge Height-Mod-Discretionary Planning Final Map General Plan Amendment Historic District Designation Landmark Designation Planning Lot Line Adjustment Minor Outdoor Dining Permit Multiple Applications Performance Standard Permit Permit Extension-Administrative Reduced Parking Permit Shared Parking Permit Sign Adjustment Structure of Merit Temporary Use Permit Planning Tentative Map Text Amendment/Zone Change Use Permit Application Use Permit Application - Antenna Variance Application (including Noise) Waiver of Parcel Map Yard Modification Zoning Compliance Letter Business License Planning Review Business License Planning Review: Home Occupation Deed Restriction Occupancy Permit Projects in Coastal Zone (Approval in Concept) Business License - Limited Review ENVIRONMENTAL Environmental-Class 32 Categorical Exemption Environmental-Negative Declaration/Mitigated Negative Declaration Environmental-Noticing Environmental-Initial Study Environmental Impact Report Review

Traffic Study Review Presubmittal Review Presubmittal Review-BS Presubmittal Review-CP

Fee $2,857.30 $5,510.10 $1,202.58 $1,803.85 $443.58 Actual cost $1,683.60 $1,082.32 $300.65 Waived Waived $1,721.93 $4,798.99 $13,163.21 $569.77 $12,080.90 $272.98 $15,568.34 $265.98 $257.89 $1,245.71 $12,545.14 $1,146.59 $789.41 $841.80 $270.79 $1,683.60 $1,683.60 $300.65 $3,711.12 $2,058.24 $1,082.32 $846.88 $1,099.14 $3,908.14 $11,823.61 $4,985.73 $4,178.92 $3,744.75 $2,224.75 $3,607.71 $988.52 $344.35 $127.01 $482.81 $1,931.25 $310.64 $344.00

$14,621.70 $25,445.38 $2,201.60 $7,413.76 25% of consultant contract up to $175,000; 30% of consultant contract over $175,000. 11% of Traffic Study Fee; 18% of Traffic Study Fee if Model run is required. $2,156.30 $448.19 $620.54

Effective Date 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13

9/1/13 9/1/13 9/1/13 9/1/13 9/1/13

9/1/13 9/1/13 9/1/13 9/1/13

A-1

Service Presubmittal Review-Fire Presubmittal Review-PW Presubmittal Review-TMD Mailing Label Planning Plan Check, per plan (first three reviews) Planning Plan Check, per hour after first three Planning Plan Check, per hour-plan revisions, restamping plans, and permit renewals Planning Plan Check, per hour, plan checks not otherwise classified. Planning Plan Check, over the counter Planning Final Inspection, Administrative and ARB Planning Final Inspection, Discretionary Permits Planning Final Inspection, Sign Permit Planning Final Inspection, Sign Permit (STP)

Fee $469.23 $341.47 $276.82 $128.68 $975.28 $240.51 $240.51 $240.51 $120.25 $541.15 $1,082.31 $144.30 $72.15

Effective Date 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13

NOTES: 1. Planning fees are waived for Large Family Daycare and Child Care Center. 2. "Affordable Housing Projects" as defined by Zoning Ordinances are exempt. 3. In the case of projects requiring multiple permit applications that may be approved by the same entity, the fee for the highest permit shall be charged, plus a multiple permit application for any additional concurrently processed applications. If multiple permits are required which cannot be approved by the same entity, or if an environmental review is required, the full fee for such applications shall be charged. 4. Non-administrative permit extensions shall be charged 50% of the full application fee for the permit to be extended. 5. Applications for ARB review of buildings, which include proposed signage and/or landscaping, shall be charged for the building review fee only. Should a sign adjustment be required, a multiple application fee shall be charged in addition to the building review fee; separate applications for signage and/or landscaping shall be charged the sign/landscaping review fee. 6. A re-submittal for ARB approval of a design change shall be processed with no fee charged unless a building permit has been issued for the project, in which case the standard fee amounts shall be charged. A re-submittal, which includes signage changes that would trigger a requirement for a sign adjustment, shall be charged the sign adjustment fee. 7. Application fee refunds for withdrawn projects shall be processed as follows: application not yet deemed complete - 90% refund application deemed complete -75% refund determination or Planning Commission or other board report drafted - 50% refund; determination issued, ZA hearing conducted, Planning Commission or other board report issued - 25% refund. 8. All planning fees for Administrative Approval applications shall be waived for designated landmark structures and structures identified as contributing to designated historic districts. 9. All Certificate of Appropriateness fees for any alteration, restoration, or construction, in whole or in part, to a designated landmark or to structures indentified as contributing to a designated historic district shall be waived. 10. Antenna Use Permits for television reception only (TVRO) and ham radio antennas - $25.00. All other antennas are charged the full Use Permit Fee.

A-2

Exhibit B - Building and Safety Service ARCHITECTURAL AND STRUCTURAL PLAN REVIEW Preliminary Review: First Two Hours Each Additional Hour Over The Counter PC Standard-up to two reviews Excessive- each review after two Formal Plan Review: New Buildings and Related Accessory Structures: One and Two Family Dwellings - main & accessory buildings (3,500 sf) Apartments, Condominiums and Hotels and attached parking (10,000 sf) (Excess Plan Check) Commercial/Industrial- complete building and attached parking: 1st 10,000 square feet Additional 10,000 square feet Commercial/Industrial- shell only and attached parking: 1st 10,000 square feet Additional 10,000 square feet Commercial Garage Structures- stand alone structures (10,000 sq ft) Excessive- hourly charge after 3 reviews 4 Stories or more Formal Plan Review: Additions and Alterations: Residential Remodel and Additions- main & accessory bldgs (1,000 sq ft) Tenant Improvements: 0 - 10,000 square feet Additional 10,000 square feet Excessive Plan Check-each review over three Interior Demolition: 0 - 10,000 square feet Additional 10,000 square feet MECHANICAL PLAN REVIEW Preliminary Review Over The Counter PC: Standard-up to two reviews Excessive Plan Check-each review after two Formal Plan Review: Standard-up to three reviews Excessive Plan Check- hourly charge after 3 reviews ELECTRICAL PLAN REVIEW Preliminary Review Over The Counter PC: Standard-up to two reviews Excessive Plan Check-each review after two Formal Plan Review: Standard-up to three reviews Excessive Plan Check - hourly charge after 3 reviews PLUMBING PLAN REVIEW Preliminary Review Over The Counter PC: Standard-up to two reviews Excessive Plan Check - each review after two Formal Plan Review: Standard-up to two reviews Excessive- hourly charge after 3 reviews MISCELLANEOUS PLAN CHECK FEES Deferred Submittals Excessive Plan Check- each review after three Demolition Formal Plan Review- means and methods plan Excessive Plan Check- each review after three

Base Fee

Per Sq Ft

$475 $238

Effective Date

9/1/13 9/1/13 9/1/13 9/1/13 9/1/13

$446 $170 $498.17 $478.34

$1.1070 $0.9127

9/1/13 9/1/13

$508.27

$1.2790 $0.3800

9/1/13 9/1/13

$506.84

$0.8175 $0.4208 $0.8175

9/1/13 9/1/13 9/1/13 9/1/13 9/1/13

$462.52

$1.2408

9/1/13

$503.03

$0.5408 $0.4670

9/1/13 9/1/13 9/1/13

$0.0831 $0.0792

9/1/13 9/1/13

$506.84 $238 Additional 5%

$208.31 $463.64

$416.62

9/1/13

$416.62 $227.98

9/1/13 9/1/13

$727.16 $208.31

9/1/13 9/1/13

$416.62

9/1/13

$416.62 $181.79

9/1/13 9/1/13

$727.16 $208.31

9/1/13 9/1/13

$416.62

9/1/13

$416.62 $181.79

9/1/13 9/1/13

$727.16 $208.31

9/1/13 9/1/13

$950.86 $237.71 $159.12 $289.97 $224.06

9/1/13 9/1/13 9/1/13 9/1/13 9/1/13

B-1

Service Planning Applications- with or without preliminary review Minimum Plan Review Fee- all formal plan check categories Plan Check Not Otherwise Classified: each hour or fraction thereof including but not limited to deferred submittals, excess plan check (more than three submittals), new application on expired plan check application, temporary occupancy COMBINATION BUILDING PERMITS One and Two Family Dwellings - (3,500 sf) Apartments, Condominiums and Hotels and attached parking (10,000 sf) Commercial/Industrial- complete building and attached parking: 1st 10,000 square feet Additional 10,000 square feet Commercial/Industrial- shell only and attached parking: 1st 10,000 square feet Additional 10,000 square feet Commercial Garage Structures- stand alone structures (10,000 sq ft) Residential Remodel and Additions- main & accessory bldgs (1,000 sq ft) Tenant Improvements: 0 - 10,000 square feet Additional 10,000 square feet Interior Demolition 0 - 10,000 square feet All Square Feet over 10,000 4 Stories or More

Base Fee

Per Sq Ft

$212.16 $819.22 $184.67

Effective Date 9/1/13 9/1/13 9/1/13

$119.67 $121.82

$1.2246 $1.0236

9/1/13 9/1/13

$116.57 $115.77

$1.1928 $0.7431

9/1/13 9/1/13

$121.23

$0.7782 $0.5799 $0.7782 $1.2621

9/1/13 9/1/13 9/1/13 9/1/13

$123.85

$0.3596 $0.2782

9/1/13 9/1/13

$154.63

$0.0780 $0.0503

9/1/13 9/1/13 9/1/13

$121.23 $127.49

additonal 5%

SINGLE TRADE PERMITS Residential - (50% Subsidy Included) 3 inspections max Additional Inspections for Single Trade Permits-each All others (Commercial, Demolition, etc.)-Businesses are not subsidized Additional Inspections-for Single Trade Permits-each

$169.49 $65.02 $338.98 $130.03

9/1/13 9/1/13 9/1/13 9/1/13

AFTER HOURS PERMITS Review of After Hours Permit Application After Hour Inspections-per hour (2 hour minimum)

$540.96 $222.55

9/1/13 9/1/13

$261.35

9/1/13

$209.61 $65.02 $130.03 $494.25

9/1/13 9/1/13 9/1/13 9/1/13

$448.01

9/1/13

$17.68 $35.36

9/1/13 9/1/13

$302

9/1/13

$1,002 $1,694 $347

9/1/13 9/1/13 9/1/13

$884 $1,413 $3,987 $965 $2,481 $1,910 $330 10% of building plan check fee

9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13

MISCELLANEOUS INSPECTIONS Inspections Not Otherwise Classified - each hour or fraction thereof Reinspection Fee: Combination Building Permit Single trade Permit- Residential (50% subsidy included) Single trade Permit- All Others Minimum Inspection Fee - all permits except Single Trade MISCELLANEOUS FEES Temporary Certificate of Occupancy Change of Record on a Permit: Change of Record on Permit -Single Trade Permit-Council Subsidized (Residential only) Change of Record on Permit - All Other Permit Types Engineering Report Review: Seismic Retrofit Report Review Alternate Methods of Construction: Premanufactured Products Field Constructed Energy Compliance- Title 24, Part 6 C.E.C. Geotechnical Reports: Addendum to Original Soils Report As Built Compaction Reports Fault Trench Building/Shoring Plan Review Commercial/Mixed Use/ Apts (over 4 stories including subterranean garage) Standard Reviews and All Others not listed above Sound Attenuation Green Building Code Compliance-Title 24, Part 11 (application for new non-residential, new residential, and non-residential additions/alterations)

B-2

Service Extension Fees: Extension of Time To Start Construction Extension of Time To Resume or Complete Construction Extension of Time To Start Construction- Single Trade Residential Extension of Time To Resume or Complete Construction- Single Trade Residential License Fees: Special Inspector License - Qualification Review Fabricator License - Qualification Review Miscellaneous Reviews: Building and Safety Appeal Accessibility Hardship Exemption Review and Approval of Testing Lab Modification of Technical Code: No Administrative hearing- Staff Approval- each main code issue Administrative hearing- Building Officer- project basis Record Fees Residential Building Record Approved Plans and Permits (Bonded Copies) Duplication Application Processing Maintenance of Permit and Plan Documents Renewal Fees Expired Plan Check - Formal Plan Check Extension and Renewal Application Processing Only Any Others Excessive Plan Check (Per Hour) Permit Renewals No Inspection Rough Inspection Final Inspection Replacement Card Replacement I Single Trade (Council Subsidized) Replacement I All Others Mobile Home Parks Investigation Fee For Work Without a Permit Refunds Issuance Fees Plan Check Preliminary Plan Review Over the Counter Plan Review Formal Plan Check First Review Not Started (within 3 Work Days fo Submittal) First Review Started/Up to Completion of First Review Second Review Started/Up to Completion of Second Review Engineering Reports First Review Not Started (within 3 Work Days fo Submittal) First Review Started/Up to Completion of First Review Second Review Started/Up to Completion of Second Review Inspection Fees Construction Work Not Yet Started Construction Work Started-Based on Percentage of Incomplete Construction Applications Taken in Error Subsidies Single Trade Permits - Residential Only Total fees chall be reduced 50% to encourage citizens to obtain permits for simple work that benefits from safety inspections

Base Fee

Per Sq Ft

Effective Date

$329 $358 $165 $179

9/1/13 9/1/13 9/1/13 9/1/13

$343 $343

9/1/13 9/1/13

$1,921 $300 $454

9/1/13 9/1/13 9/1/13

$1,002 $1,818

9/1/13 9/1/13

$252 actual cost* $119 13% of permit

9/1/13 9/1/13 9/1/13 9/1/13 9/1/13

$345 $1,029 $238

9/1/13 9/1/13 9/1/13

100% of permit 50% of permit 20% of permit

9/1/13 9/1/13 9/1/13

$18 $18 All fees per Title 25, CCR actual cost

9/1/13 9/1/13 9/1/13 9/1/13

no refunds no refunds no refunds 80% of fees 50% of fees no refunds 80% of fees 50% of fees no refunds 80% of fees % of fees

50% of fees

WAIVERS No fees are charged for Building and Safety services on the following uses except for reinspection, extensions or renewal fees.: A. Inspection of Small or Large Family Day Care for State Social Services Licenses B. Installation of electrical service for electric vehicle chargers, solar photovoltaic and solar C. Landmarks and Historic Districts-all permit and plan check fees D. Seismic Retrofit Work per SMMC Chapters 8.60, 8.64, 8.68, 8.72, 8.76 and 8.80 or its NOTES: 1. Total fees for each separate payment transaction may be rounded to the nearest full dollar.

B-3

Exhibit C - Transportation Planning and Engineering Service Traffic Studies-each hour or fraction Traffic/Parking Hourly Rate Traffic Study Review-Non CEQA Traffic Control Plan Review- Base Fee First two reviews, per page Third and subsequent reviews, per page Over the Counter Plan Check: Standard (2 reviews maximum) Each additional review (after 2) Standard Plan Check - Parking and On-site Construction Design: 0-2 Parking Spaces 3-20 Parking Spaces 21-40 Parking Spaces 41-100 Parking Spaces Each additional 100 Parking Spaces Miscellaneous-each hour/fraction thereof: Plan Checks - Not Otherwise Classified Plan Revisions Permit Renewals Excess Plan Checks - 3rd+ resubmittal Employee Annual Transportation Fee: Employers with 10-49 employees filing a Workplace Transportation Plan Employers with 50+ employees filing either an Employee Trip Reduction Plan or Mobile Source Emissions Reduction Credit Plan Administrative Costs-each hour/fraction thereof: Senior Transportation Planner Transportation Planning Associate Transportation Management Coordinator Site Inspections - verify existing conditions - each Parking Evaluations Signing and Striping Modifications Parking Lot Restriping Fee Temporary No Parking Sign Issuance House Moving Oversized Load - One Way Oversized Load - Two Way Valet Permit - Annual Valet Permit - One Day Bike Racks Block Parties Sign Removal

Effective Date

Fee $209 per hr $205 per hr

9/1/13 9/1/13

$226 $287

9/1/13 9/1/13

$290 $187

9/1/13 9/1/13

$456 $1,484 $1,325 $1,557 $363

9/1/13 9/1/13 9/1/13 9/1/13 9/1/13

$193 $190 $190 $193

per hr per hr per hr per hr

$16.68 per employe $13.75 per employe $221 $187 $188 $187 $235 $235 $350 $60

per hr per hr per hr per hr per hr per hr per hr per issuance

$483 $16 $32 $2,070 $150 $253 $50 $56 per sign

9/1/13 9/1/13 9/1/13 9/1/13 7/1/13 7/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13

C-1

Exhibit D - Code Compliance Service Tenant Protection During Construction Noise Ordinance- After Hours Permit Residential Building Report-Code Compliance Review

Recommended Fee $237 $803 $237

Effective Date 9/1/13 9/1/13 9/1/13

D-1

Exhibit E - Public Works Service Newsrack Permit: Annual Renewal 1st rack Newsrack Permit: Annual Renewal Each Additional Newsrack Permit: New Install 1st rack Newsrack Permit: New Install each additional-same permit Newsrack Permit: Impound Fee Use of Public Property: New Permit with Transportation Review Use of Public Property: New Permit without Transportation Review Use of Public Property: Permit Renewal without Transportation Review Crane Permit Offsite Improvement Plan Check (per hour) Use of Public Property Inspections-Commercial 1 - 7 Days Use of Public Property Inspections-Commercial 8 - 30 Days Use of Public Property Inspections-Commercial 60-Day increments thereafter Use of Public Property Inspections-Residential 1 - 7 Days Use of Public Property Inspections-Residential 8 - 30 Days Use of Public Property Inspections-Residential 60-Day increments thereafter Street Improvement Inspections-Residential: Driveway Street Improvement Inspections-Residential: Sidewalk, Curb, Gutter, or Alley Street Improvement Inspections-Commercial Projects: 0-499 lineal feet Street Improvement Inspections-Commercial Projects: 500-999 lineal feet Street Improvement Inspections-Commercial: 1,000+ lineal feet Street Improvement Inspections-Commercial Projects: Reinspections (per hour) Outdoor Dining Inspection Utility Excavation Permit: up to 100 feet Utility Excavation Permit: 100 feet & over Utility Excavation Permit: Renewal for Expired Permits Wireless Facility Permit Blanket Utility Permit: Public Property Use up to 320 sq ft Blanket Utility Permit: Minor Excavation up to 100 lin ft Certificate of Compliance Final / Tentative Map Lot Line Adjustment Final Map Revision Tentative Map Revision Over The Counter: Plan Check: Standard Over The Counter: Plan Check: Each Review Over 2 Encroachments - Private Construction in or projecting over any public way Excavation & Shoring Hydrology Industrial Waste Discharge Site Drainage - Changing Existing Pattern Urban Runoff Mitigation Plan Utilities - New Water Service or Sewer Installations Tiebacks Soldier Beam Miscellaneous Reviews: Flood Hazard Letter Permit Renewal Plan Checks - including over the counter Plan Revisions Review of Legal Easements Right of Way Research / Inquiries - each hour Street Vacation Minimum Review Fee Temporary No Parking: Each "No Parking" sign** Water Service Install: 3/4" to 1" Partial Upgrade Water Service Install: 3/4" Meter Water Service Install: 1" Meter Water Service Install: 1-1/2" Meter Water Service Install: 2" Meter Water Service Install: 3" Meter

Effective Date

Fee $105 $82 $209 $163 $209 $177 $101 $101 $177 $243 $0.32 $1.26 $1.26 $0.19 $0.78 $0.78 $178 $504 $341 $504 $667 $163 $270 $889 actual cost $30 actual cost $119 $201 $1,459 $1,866 $1,459 $1,216 $486 $243 $243 $243 $243 $243 $547 $122 $516 $243 $730 $730 $122 $207 $243 $243 $188 $188 $243 $188 $6 $671 $3,315 $3,402 $4,290 $4,556 $12,725

per sq ft per sq ft per sq ft per sq ft per sq ft per sq ft

per hour

per hour per hour per hour per hour

9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 7/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13

E-1

Service Water Service Install: 4" Meter Water Service Install: 6" Meter Water Service Install: 8" Meter Water Service Install: 10"+ Meter** Fire Service Install: 2" Fire Service Install: 3"- 6" Fire Service Install: 8" - 12" Fire Services Install-Traffic Plan Fire Hydrant Relocation - new tap & killout Fire Hydrant Installation Fire Hydrant Flow Test Hydrant Meter Connection (Temporary) Damaged Water Meter Repair** Water Meter Downsize** Water Inspection Fee Not Identified Elsewhere Temporary Water Service (per meter) Moved Meter (per meter) Water Meter Test: 3/4" - 2" Meter Water Meter Test: 3" and Over Delinquent Water Bills-Tags Reestablish Delinquent Account (per acct) Sewer Saddle Connection Sewer Cap: At Time of Saddle Install Sewer Cap: After Saddle Install Sewer Lateral Inspection Storm Drain Connect of Existing Box Storm Drain Pipe Installation Storm Drain Saddle Installation Storm Dye Test (per test) Emergency Sewage Spill Response** Sewer Reinspection Same Day Emergency Turn-Off (regular hours) Same Day Emer Turn-Off (after hours, holidays) Industr Waste Discharge Variance Request Industr WW Permit: Class 1 Industr WW Permit: Class 2 Industr WW Permit: Class 3 Industr WW Permit: Class 4 Industr WW Permit: Class 5 Industr WW Permit: Class 6 Industr WW Permit: Class 99 Industr WW Permit Application Fee Construction & Demo Waste Mgt Plan Solid Waste Encl Plan Check: Simple Solid Waste Encl Plan Check: Complex Private Refuse Hauler Permit Container Rental for C&D Program Container Rental (Rent-A-Bin) Bulky Item Collection Sale of Composting Bins Residential Clean-A-Can Program (one time) Kitchen Food Scrap Pail Sales Pressure Washing Services Event Rental / Party Truck Curby Rental Additional Pick-Up Service: Bin Additional Pick-Up Service: Cart Sidewalk Removal, Hauling, Replacement (up to 4" thick) Driveway Removal, Hauling, Replacement (depth to 6") Removal, Hauling, Replacement: Curb Only

Fee $13,485 $15,891 $24,342 actual cost $4,264 $8,577 $13,050 $11,795 $12,165 $852 $254.45 actual cost actual cost $275 $153 $77 $204 $1,226 $51 $51 $1,100 $536 $658 $577 $505 $505 per install $1,222 $407 actual cost $244 $51 $307 $54 $160 $585 $880 $1,278 $1,614 $3,610 $94 $44 $522 $166 $601 $509 $182 plus disp chg $134 plus disp chg $57 plus disp chg $11 $21 $3 $124 plus pail $87 per hour $124 per hour $54 $36 $32 per sf $65 per sf $106 per lf

Effective Date 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13

E-2

Service Removal, Hauling, Replacement: Curb & Gutter Removal, Hauling, Replacement: Gutter Only Removal, Hauling, Replacement: Concrete Alleys (up to 6") Asphalt Removal, Hauling, Replacement (up to 4") Asphalt Removal, Hauling, Replacement (over 4") Asphalt Cement Overlay (1/2" to 1-1/2" thick) Asphalt Cement Overlay (1-1/2" - 4" thick) Parkway Removal & Hauling; 15 linear feet Parkway Removal & Hauling; each additional Linear foot Removal & Hauling of Abandoned Driveway Miscellaneous Saw Cuts: 121 linear feet Miscellaneous Saw Cuts: each additional linear foot Tie-Ins Into Existing Asphalt or Concrete: 11 linear feet Tie-Ins Into Existing Asphalt Concrete: each additional linear foot Miscellaneous Concrete /Asphalt Work: 8 sq ft Miscellaneous Concrete / Asphalt Work: each additional sq ft Bicycle Rack Installations Bicycle Rack Bolt Down Only Message Board (per board) Airport Event Permit

Fee $115 $58 $83 $21 $22 $15 $19 $445 $27 $45 $321 $2 $210 $13 $316 $33 $412 $257 $422 $471

per lf per lf per sf per sf per sf per sf per sf

per sf

Effective Date 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13

** Not subject to the annual administrative increase set forth in Section 26 of this resolution.

E-3

Exhibit F - Public Landscape Service Preliminary Review Standard and Complex Plan Check Tree Removal, Protection and Replacement Per Lineal Feet of Street Frontage Miscellaneous Review-each hour/fraction thereof Plan Checks-Not Otherwise Classified Plan Revisions Permit Renewals Excess Plan Check-more than 2 resubmittals Minimum Plan Check Fee-all categories Construction Inspection and Monitoring Work Authorized Near City Trees-Based on permit valuation/cost of construction $0 – $100,000 $100,001 – $300,000 $300,001 – $1,000,000 $1,000,001 – $20,000,000 $20,000,001 – up Verify Existing Tree Conditions Administrative Costs-each hour or fraction Community Forest and Public Landscape Superintendent

Fee $123.49 $123.49 $123.49 $123.49 $123.49 $123.49 $123.49 $123.49 $247.00 $493.99 $740.99 $987.99 $123.49 $123.49

Effective Date 9/1/13

9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13

F-1

Exhibit G - Film Permits Service Film Film Film Film Film Film

Permit: Airport – public airside/landside still photography, 1-3 cast/crew Permit: Airport – public airside/landside still photography, 4-20 cast/crew Permit: Airport – public airside, motion, 1-20 cast/crew Permit: Airport – public landside, motion, 1-20 cast/crew Permit: Airport – leasehold property, still photography/motion, any amount cast/crew Permit: Airport - complex/large productions, 21+ cast/crew

Beaches-Film/video, minor (1-20 cast/crew) Beaches-Film/video, major (21+ cast/crew) Beaches-Still Photography City Hall-Film/video, exterior* City Hall-Still photography, exterior City Hall-Film/video, interior City Hall-Still photography, interior Downtown Santa Monica-Still photography, interior Downtown Santa Monica-Still photography, exterior, low impact Downtown Santa Monica-Still photography, exterior, high impact Downtown Santa Monica -Film/video, interior only Downtown Santa Monica -Film/video, interior with exterior requirements Downtown Santa Monica-Film/video, man on street/walk and talk (crew of 9 or less) Downtown Santa Monica-Film/video, man on street/walk and talk (crew of 10 or more) Downtown Santa Monica- Film/video, half day shoot including interior/exterior Downtown Santa Monica-Film/video, all day, interior/exterior, multiple locations Parks-Film/video, minor (1-20 cast/crew) Parks-Film/video, major (21+ cast/crew) Parks-Still photography Pier/Carousel-Film/video, all day Pier/Carousel-Film/video, half day (6 hrs.) Pier/Carousel-Street interviews Pier/Carousel-Equipment only Pier/Carousel-Still photography, low impact, interior only Pier/Carousel-Still photography, exterior Pier Carousel-Student/Non-Profit, Film video Pier Carousel-Student/Non-Profit, Still photography All Other Locations-Film/video All Other Locations-Still photography Rider Fee-Addition, change or deletion to the permit

Application Fee

$ $ $ $ $

537.54 537.54 537.54 537.54 470.57 actual cost of staff time coordination $ 262.66 $ 262.66 $ 128.00 $ 307.20 $ 179.20 $ 307.20 $ 179.20 $ 105.06 $ 105.06 $ 105.06 $ 262.66 $ 262.76 $ 262.66 $ 262.66 $ 262.66 $ 262.66 $ 307.20 $ 307.20 $ 179.20 $ 262.66 $ 262.66 $ 262.66 $ $ 105.06 $ 105.02 $ 105.06 $ 51.20 $ 262.66 $ 105.06 $ -

Location Fee

$ 100.00 $ 410.00 $1,050.00 $ 768.00 $ $1,536.00 $1,050.62 $1,280.00 $ 105.06 $1,536.00 $ 512.00 $2,560.00 $1,024.00 $ 256.00 $ 512.00 $1,536.00 $ 256.00 $ 512.00 $ 512.00 $ 768.00 $1,024.00 $2,560.00 $1,024.00 $1,280.00 $ 102.40 $2,560.00 $1,024.00 $ 819.20 $1,024.00 $ 512.00 $1,536.00 $ $ $ 525.31 $ 210.12 $ 102.40

Security Effective Deposit Date 9/1/13 9/1/13 9/1/13

9/1/13

$5,000.00 $2,000.00 $ 500.00 $ 500.00 $ 100.00 $ 500.00

9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13

G-1

Exhibit H - Police Service Adoptions - basic fee, dog/puppy/cat/kitten Adoptions - vaccine Adoptions - spay/neuter surgery Adoptions - basic fee, rabbit Adoptions - basic fee, small animal Adoptions - basic fee, large animal Adoptions - home again microchip Adoptions - rabies vaccinations Annual dog license - spayed/neutered Annual dog license - unspayed/unneutered Annual dog license-spayed/neutered-late penalty (after March 31) Annual dog license-unspayed/unneutered-late penalty (after March 31) Annual dog license - duplicate (replacement) Non resident permit tag - airport park Impound - dog Impound - cat Impound - state fine for unaltered dog/cat Owner surrender - dog licensed Owner surrender - dog unlicensed/altered Owner surrender - dog unlicensed/unaltered Owner surrender - cat Boarding - dog, cat, other Trap rental - 10 days Permit-ambulance companies Permit-alcohol dispensing license Permit-amusement & entertainment Permit-Enterprise-Arcade Permit-Enterprise-Rides Permit-non-permanent rides Permit-shows Permit-skill games Permit-non-permanent skill games Permit-auctioneer Permit-auction house Permit-auto parks (parking) Permit-auto wrecking Permit-bathhouse or treatment Permit-billiard Permit-boxing Permit-carnival Permit-carnival merchandise Permit-circus Permit-dance hall Permit-dancing academy Permit-dancing/entertainment in a bar Permit-drive-in restaurants Permit-figure studio Permit-fingerprint-new applicants Permit-firearms Permit-fortune teller Permit-health club Permit-herb doctor Permit-itinerant vendor Permit-parade Permit-peddler Permit-physical training or fitness Permit-pool hall

Fee $45 $17 $77 $17 $17 $45 $17 $11 $35 $70 $25 $80.00 $5 $18 $45 $17 $40 pass thru to State $35 $70 $108 $35 $11 $18 Plus $50.00 deposit $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98 $98

Effective Date 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13

H-1

Service Permit-shooting gallery Permit-soliciting business Permit-soliciting interstate Permit-telemarketing retail Permit-telemarketing service Permit-tow truck owner Permit-valet parking Permit - all others required by code not listed Massage Establishment Permit Massage Technician Permit Second Hand Dealer Permit - New Permit-Second Hand Dealer Permit- Renewal Tobacco Retail Pawnbroker Permit- New Pawnbroker Permit - Renewal Alarm Registration Fee - new Alarm Registration Fee - renewal Records - other reports, thefts Records - traffic accident reports Photos - color or black & white Audiotape copy Videotape copy Crime analysis/research - one search of database Crime analysis/research - multiple searches of database Fingerprinting - public Vehicle impound & release 30 day vehicle impound Boot removal DUI response - accident/injury Firearms storage and release - per weapon Local records check VIN verification Vehicle inspection Police Billable Services (per hour) Equipment fees for special events and film Equipment fees for special events and film Equipment fees for special events and film Equipment fees for special events and film Equipment fees for special events and film

permits-police horse permits-PD Vehicle permits-motor permits-command post permits-rescue boat (4 hour minimum charge)

Fee $98 $98 $98 $98 $98 $98 $98 $98 $125 $98 $381 $314 $255 $381 $246 $27 $27 $1 $1 $68 Plus outside lab fees $42 $85 $120 $179 $34 plus DOJ/FBI fees $127 $861 $140 plus boot usage $3,517 $141 $21 Per Check $64 Per Check $43 per inspection Actual Per Hour Cost $25.00 per day $75.00 per day $50.00 per day $75.00 per day $200.00 $25.00 for each additional hour

Effective Date 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13

* fees are per occurrence unless otherwise noted.

H-2

Exhibit I - Fire Service Standard/Complex Plan Check-new building: 1st 2,500 sf Standard/Complex Plan Check new building: >2,500 sf (per sf) Commercial Tenant Improvement: 1st 2,500 sf Commercial Tenant Improvement: > 2,500 sf (per sf) Miscellaneous plan review Solar panel plan review Final building inspection Fire Sprinkler - NFPA 13 Sys: 1-10 Heads Fire Sprinkler - NFPA 13 Sys: 10+ Heads Fire Sprinkler - NFPA 13D Sys: up to 10k sq ft Fire Sprinkler - NFPA 13D Sys: >10k sq ft Fire Sprinklers Residential-private hydrant systems Fire Sprinklers Residential - fire pump installation Fire Sprinklers Residential: special high pile and sprinkler system combined Tents & Canopies 401-2000 sq ft Tents & Canopies 2,001-5,000 sq ft Tents & Canopies over 5,000 sq ft Fire Alarms, new system, 1st 24 Devices Fire Alarms, new system, each additional device over 24 devices Fire alarms, TI's, 1st 24 devices Fire alarms, TI's, each additional device over 24 devices Medical Lab: Gas systems (type 1) Medical Lab: Gas systems (type 2&3) Special Fire Extinguisher Systems - clean agent Special Fire Extinguisher Systems - (eg kitchen hoods) Storage tank above ground - install Storage tank above ground - removal Storage tank above ground - modify Storage tank underground install - base fee Storage tank underground install-each additional tank Storage tank underground install - each additional plan check or inspection Storage tank underground removal - base fee Storage tank underground removal - each additional tank Storage tank underground removal - each additional plan check or inspection Storage tank underground modify -simple Storage tank underground modify - complex Storage tank underground - clean up (minimum 8 hours) Reinspection, Senior Fire Inspector Reinspection, Environmental Compliance Specialist Annual Permit - aircraft refueling facility Annual Permit - aircraft repair hangar Annual Permit - ambulatory convalescent care Annual Permit - approved production facilities Annual Permit - candles open flame annual Annual Permit - candles open flame - special event Annual Permit - carnivals or fairs Annual Permit - Christmas tree lots Annual Permit - combustible dust products Annual Permit - combustible fibers Annual Permit - combustible materials Annual Permit - convalescent hospital Annual Permit - daycare under 50 occupants Annual Permit - daycare over 50 occupants Annual Permit - explosives Annual Permit - high piled combustible storage Annual Permit - high rise fire inspections, 55-75 ft Annual Permit - high rise fire inspections, >75 ft Annual commercial inspections: individual suite or unit, 0-2,000 sf Annual commercial inspections: individual suite or unit, 2,001-5,000 sf Annual commercial inspections: individual suite or unit, 5,001-10,000 sf Annual commercial inspections: individual suite or unit, >10,000 sf

Basic Fee $516 $516 $0.0516 per sq ft $258 $258 $0.0258 per sq ft $387 $200 $437 $437 $437 plus $4 per head $497 $616 $437 $1,514 $1,514 $1,000 deposit required $176 $255 $0.0669 per sq ft $957 $8 $556 $6 $856 $1,372 $796 $556 $921 $727 $534 $2,229 $488 $244 $1,863 $366 $244 $384 $1,483 $122 $257 $140 $257 $257 $388 $257 $157 $53 $257 $257 $257 $257 $257 $573 $157 $295 $257 $257 $1,472 $1,950 $89 $116 $143 $197

Effective Date 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13 9/1/13

I-1

Service

Basic Fee

Annual commercial inspections - common area: base 1st story (includes single story buildings) $63 Annual commercial inspections - common area: 0-2,000 sf per floor $63 Annual commercial inspections - common area: 2,001-5,000 sf per floor $72 Annual commercial inspections - common area: 5,001-10,000 s.f per floor $80 Annual commercial inspections - common area: >10,001 sq ft $89 Annual Permit - hospital $758 Annual Permit - hot work open flame $257 Annual Permit - industrial ovens $257 Annual Permit - laboratory $257 Annual Permit - LPG-annual $257 Annual Permit - LPG special event $176 Annual Permit - preschool $203 Annual Permit - public school $573 Annual Permit - private school $573 Annual Permit - public assembly,