21.7 ƐŝŵŝůĂƌƚĂdžŝŶŶĞĂƌďLJĂƌĞĂƐ͕ƚŚĞĐƵƌƌĞŶƚƚĂdžƉůĂĐĞƐƚŚĞŝƚLJĂƚĂĐŽŵƉĞƟƟǀĞĚŝƐĂĚǀĂŶƚĂŐĞ͕ĚƌŝǀŝŶŐ ďƵƐŝŶĞƐƐƚŽŽƚŚĞƌůŽĐĂůŝƟĞƐ͘ZĞŵŽǀŝŶŐƚŚĞƚĂdžǁŽƵůĚůŝŬĞůLJĂƩƌĂĐƚĚŝƐƚƌŝďƵƟŽŶďƵƐŝŶĞƐƐĞƐďĂĐŬƚŽ ƚŚĞŝƚLJ͕ŝŶĐƌĞĂƐŝŶŐĞŵƉůŽLJŵĞŶƚĂŶĚ͕ĐŽŶƐĞƋƵĞŶƚůLJ͕ĐŽŶƐƵŵĞƌƐƉĞŶĚŝŶŐǁŝƚŚŝŶƚŚĞĐŝƚLJ͘ ƵůƟǀĂƟŽŶͬDĂŶƵĨĂĐƚƵƌŝŶŐͲĚĚŝƟŽŶĂůůLJ͕ǁĞƐƵŐŐĞƐƚƌĞĚƵĐŝŶŐƚŚĞdĨŽƌ ƵůƟǀĂƟŽŶͬDĂŶƵĨĂĐƚƵƌŝŶŐĨƌŽŵϳйƚŽϬй͘ƵůƟǀĂƟŽŶ͕ĂƐĂŶĂŐƌŝĐƵůƚƵƌĂůǀĞŶƚƵƌĞ͕ŚĂƐƐĞĞŶ ƐŝŐŶŝĮĐĂŶƚƉƌŝĐĞĚĞĐůŝŶĞƐŽǀĞƌƚŚĞůĂƐƚƚŚƌĞĞLJĞĂƌƐĂŶĚŽīĞƌƐƐůŝŵƉƌŽĮƚŵĂƌŐŝŶƐĚĞƐƉŝƚĞďĞŝŶŐ ůĂďŽƌͲŝŶƚĞŶƐŝǀĞ͘DĂŶƵĨĂĐƚƵƌŝŶŐǁŝƚŚŝŶŝŶƚŚĞĐĂŶŶĂďŝƐƐƉĂĐĞŚĂƐďĞĐŽŵĞŚŝŐŚůLJĐŽŵƉĞƟƟǀĞ ǁŝƚŚƐůŝŵŵĂƌŐŝŶƐ͘EĞŝŐŚďŽƌŝŶŐĂƌĞĂƐŚĂǀĞĂůƌĞĂĚLJƌĞĚƵĐĞĚŽƌĞůŝŵŝŶĂƚĞĚƚŚĞŝƌ ĐƵůƟǀĂƟŽŶͬŵĂŶƵĨĂĐƚƵƌŝŶŐƚĂdžĞƐ͘dŚĞĐŽŶƟŶƵĂŶĐĞŽĨƚŚŝƐƚĂdžŝƐĐĂƵƐŝŶŐƚŚĞŝƚLJƚŽůŽƐĞ ďƵƐŝŶĞƐƐĞƐŽƌĨŽƌĐŝŶŐŽƉĞƌĂƚŽƌƐƚŽƐŚƵƚĚŽǁŶ͘/ŶĂŵĂƌŬĞƚǁŚĞƌĞĐŽŵŵĞƌĐŝĂůƌĞĂůĞƐƚĂƚĞ ǀĂĐĂŶĐŝĞƐĂƌĞŶŽƚĂďůLJŚŝŐŚ͕ƚŚŝƐƚƌĞŶĚŝƐĚĞƚƌŝŵĞŶƚĂůƚŽďƵƐŝŶĞƐƐŽǁŶĞƌƐ͕ƉƌŽƉĞƌƚLJŽǁŶĞƌƐ͕ĂŶĚ ƚŚĞŝƚLJΖƐĞĐŽŶŽŵŝĐŚĞĂůƚŚ͘ďŽůŝƐŚŝŶŐƚŚĞĐƵůƟǀĂƟŽŶƚĂdžǁŽƵůĚĞŶĐŽƵƌĂŐĞŽƉĞƌĂƟŽŶƐƚŽƌĞŵĂŝŶ ŽƌƌĞůŽĐĂƚĞďĂĐŬƚŽƚŚĞŝƚLJ͕ůĞĂĚŝŶŐƚŽŵŽƌĞĞŵƉůŽLJŵĞŶƚĂŶĚŝŶĐƌĞĂƐĞĚƐƉĞŶĚŝŶŐŝŶĐŝƚLJͲďĂƐĞĚ ďƵƐŝŶĞƐƐĞƐ͘
dŚĞŝƚLJŽƵŶĐŝůŚŽůĚƐƚŚĞƐŽůĞĂƵƚŚŽƌŝƚLJƚŽŵŽĚŝĨLJƚŚĞŽŵŵĞƌĐŝĂůƵƐŝŶĞƐƐdĂdž;dͿĂƐ ŶĞĞĚĞĚĂŶĚƉůĂLJƐĂĐƌƵĐŝĂůƌŽůĞŝŶƚŚĞƐƵĐĐĞƐƐŽƌĨĂŝůƵƌĞŽĨŽƵƌůŽĐĂůƐŵĂůůďƵƐŝŶĞƐƐĞƐ͘/ŶůŝŐŚƚŽĨ ƚŚĞĐƵƌƌĞŶƚĞĐŽŶŽŵŝĐĐŚĂůůĞŶŐĞƐ͕ƐƵĐŚĂƐƚŚĞĚŽǁŶƚƵƌŶ͕ƌŝƐŝŶŐŝŶŇĂƟŽŶ͕ĂŶĚƚŚĞƐƉĞĐŝĮĐ ĚŝĸĐƵůƟĞƐƚŚĞĐĂŶŶĂďŝƐŝŶĚƵƐƚƌLJŝƐĨĂĐŝŶŐ͕ŝƚŝƐĂŶŽƉƉŽƌƚƵŶĞƟŵĞĨŽƌƚŚĞĐŽƵŶĐŝůƚŽĐŽŶƐŝĚĞƌ ƌĞĚƵĐŝŶŐƚŚĞdƚŽƐƵƉƉŽƌƚĂŶĚƐƵƐƚĂŝŶƚŚĞĞŵĞƌŐŝŶŐĐĂŶŶĂďŝƐŝŶĚƵƐƚƌLJǁŝƚŚŝŶƚŚĞĐŝƚLJ͘ ĚũƵƐƟŶŐƚŚĞdŶŽǁǁŽƵůĚƉƌŽǀŝĚĞƐƚĂďŝůŝƚLJĂŶĚŚĞůƉƐĞĐƵƌĞƚŚĞŝŶĚƵƐƚƌLJΖƐĨƵƚƵƌĞƐƵĐĐĞƐƐ͘ &ŝŶĂůůLJ͕ǁĞůŝŬĞƚŽĂĚǀŽĐĂƚĞĨŽƌϮŽƚŚĞƌĂƌĞĂƐŽĨĞŶŚĂŶĐĞĚĐĂŶŶĂďŝƐĂĐƟǀŝƚLJƚŚĂƚĐŽƵůĚŝŶĐƌĞĂƐĞ ũŽďƐĂŶĚƐĂůĞƐƚĂdžƌĞǀĞŶƵĞƐŝŶƚŚĞĐŝƚLJ͘
tĞƌĞƋƵĞƐƚƚŚĞĐŽƵŶĐŝůƚŽƌĞǀŝƐĞƚŚĞĞdžŝƐƟŶŐĐĂŶŶĂďŝƐƌĞŐƵůĂƟŽŶƐƚŽƉĞƌŵŝƚĐŽŶƐƵŵƉƟŽŶ ůŽƵŶŐĞƐŝŶƚŚĞĐŝƚLJ͕ƌĞƐƚƌŝĐƚĞĚƚŽĐŝƚLJĚŝƐƉĞŶƐĂƌŝĞƐĂŬŝŶƚŽƚŚĞĞdžŝƐƟŶŐĚĞůŝǀĞƌLJƌŝŐŚƚƐ͘tĞƉƌŽƉŽƐĞ ƚŚĞĨŽůůŽǁŝŶŐĨŽƌĐŽŶƐŝĚĞƌĂƟŽŶ͗
ϭ͘ ůůŽǁůŝĐĞŶƐĞĚĐĂŶŶĂďŝƐƌĞƚĂŝůĞƌƐƚŚĞŽƉƟŽŶƚŽĞƐƚĂďůŝƐŚĂĐŽŶƐƵŵƉƟŽŶůŽƵŶŐĞĞŝƚŚĞƌ ǁŝƚŚŝŶƚŚĞŝƌĐƵƌƌĞŶƚůŝĐĞŶƐĞĚƉƌĞŵŝƐĞƐŽƌĂƚĂĚŝīĞƌĞŶƚƐŝƚĞ;njŽŶŝŶŐĂŶĚƐĞƚďĂĐŬƐƚďĚͿŝĨ ƚŚĞƌĞŝƐŝŶƐƵĸĐŝĞŶƚƐƉĂĐĞĂǀĂŝůĂďůĞĂƚƚŚĞŝƌƉƌŝŵĂƌLJůŽĐĂƟŽŶ͘ dŚŝƐŝŶŝƟĂƟǀĞƐŚŽƵůĚďĞ ŵŽĚĞůĞĚĂŌĞƌƐƵĐĐĞƐƐĨƵůĞdžĂŵƉůĞƐĨƌŽŵŽƚŚĞƌĐŝƟĞƐƐƵĐŚĂƐ^ĂŶ&ƌĂŶĐŝƐĐŽĂŶĚtĞƐƚ ,ŽůůLJǁŽŽĚ͘dŚĞůŽƵŶŐĞƐǁŽƵůĚĐĂƚĞƌĞdžĐůƵƐŝǀĞůLJƚŽŽŶͲƐŝƚĞĐŽŶƐƵŵƉƟŽŶǁŝƚŚŶŽƚĂŬĞͲ ŚŽŵĞŽƌƌĞƚĂŝůƐĂůĞƐĂůůŽǁĞĚ͘ /ŶĐŽƌƉŽƌĂƟŶŐĐŽŶƐƵŵƉƟŽŶůŽƵŶŐĞƐŝŶƚŽƚŚĞĐŝƚLJΖƐĐĂŶŶĂďŝƐ ŽƌĚŝŶĂŶĐĞǁŽƵůĚŶŽƚŽŶůLJĞŶŚĂŶĐĞƚŚĞĐƵƌƌĞŶƚŽīĞƌŝŶŐƐŽĨĐĂŶŶĂďŝƐƌĞƚĂŝůĞƌƐďƵƚĂůƐŽ ƐĞƌǀĞĂƐĂŶŝŶŶŽǀĂƟǀĞĂƩƌĂĐƟŽŶĨŽƌƚŽƵƌŝƐƚƐ͘dŚŝƐĂĚĚŝƟŽŶǁŽƵůĚůŝŬĞůLJďŽůƐƚĞƌĞĐŽŶŽŵŝĐ ĚĞǀĞůŽƉŵĞŶƚ͕ĐƌĞĂƟŶŐŶĞǁŝŶĐĞŶƟǀĞƐĨŽƌƚŽƵƌŝƐŵĂŶĚĐŽŵŵĞƌĐŝĂůĂĐƟǀŝƚLJǁŝƚŚŝŶƚŚĞ ĐŝƚLJ͘ŽŶƐƵŵƉƟŽŶůŽƵŶŐĞƐĐŽƵůĚďĞĐŽŵĞƵŶŝƋƵĞĚĞƐƟŶĂƟŽŶƐƚŚĂƚĚƌĂǁǀŝƐŝƚŽƌƐ͕ǁŚŽŝŶ ƚƵƌŶŵĂLJƐƉĞŶĚŵŽƌĞŝŶůŽĐĂůďƵƐŝŶĞƐƐĞƐ͕ĚŝŶĞŝŶůŽĐĂůƌĞƐƚĂƵƌĂŶƚƐ͕ĂŶĚƵƟůŝnjĞĐŝƚLJ ƐĞƌǀŝĐĞƐůŝŬĞƚĂdžŝƐĂŶĚŚŽƐƉŝƚĂůŝƚLJ͘dŚŝƐŝŶŝƟĂƟǀĞƌĞƉƌĞƐĞŶƚƐĂŶŽƉƉŽƌƚƵŶŝƚLJƚŽĚŝǀĞƌƐŝĨLJ
21.8 ĂŶĚĞŶƌŝĐŚƚŚĞĐŝƚLJΖƐĞĐŽŶŽŵLJǁŚŝůĞƉƌŽŵŽƟŶŐĂƉƌŽŐƌĞƐƐŝǀĞĂƉƉƌŽĂĐŚƚŽĐĂŶŶĂďŝƐ ĐŽŶƐƵŵƉƟŽŶ͘
Ϯ͘ tĞƐƵŐŐĞƐƚƌĞŵŽǀŝŶŐƚŚĞnjŝƉĐŽĚĞůŝŵŝƚĂƟŽŶƐĨŽƌĐĂŶŶĂďŝƐĚĞůŝǀĞƌLJƐĞƌǀŝĐĞƐŚŽůĚŝŶŐĂ ĐŝƚLJůŝĐĞŶƐĞ͘ dŚĞĐƵƌƌĞŶƚƉŽůŝĐLJƌĞƐƚƌŝĐƚƐƚŚĞƐĞďƵƐŝŶĞƐƐĞƐĨƌŽŵĚĞůŝǀĞƌŝŶŐďĞLJŽŶĚƚŚĞĐŝƚLJ ďŽƵŶĚĂƌŝĞƐ͕ǁŚŝůĞŵĂŶLJŽƚŚĞƌũƵƌŝƐĚŝĐƟŽŶƐĚŽŶŽƚŝŵƉŽƐĞƐƵĐŚŐĞŽŐƌĂƉŚŝĐĂůĐŽŶƐƚƌĂŝŶƚƐ͘ dŚŝƐĚŝƐĐƌĞƉĂŶĐLJŚĂƐĂůůŽǁĞĚĚĞůŝǀĞƌLJƐĞƌǀŝĐĞƐĨƌŽŵŽƵƚƐŝĚĞ^ĂŶƚĂƌƵnjƚŽĐĂƚĞƌƚŽůŽĐĂů ĐƵƐƚŽŵĞƌƐĂŶĚŚĂƐĂůƐŽĐŽŶƚƌŝďƵƚĞĚƚŽĂƌŽďƵƐƚŝůůĞŐĂůĚĞůŝǀĞƌLJŵĂƌŬĞƚ͘LJĞůŝŵŝŶĂƟŶŐ ƚŚĞƐĞƌĞƐƚƌŝĐƟŽŶƐ͕ůŽĐĂůůŝĐĞŶƐĞĚĚĞůŝǀĞƌLJƐĞƌǀŝĐĞƐĐŽƵůĚĐŽŵƉĞƚĞŵŽƌĞĞīĞĐƟǀĞůLJǁŝƚŚŝŶ ƚŚĞĐŝƚLJĂŶĚďĞLJŽŶĚ͕ĞŶŚĂŶĐŝŶŐƚŚĞŝƌďƵƐŝŶĞƐƐƉƌŽƐƉĞĐƚƐĂŶĚƚŚĞĐŝƚLJΖƐƌĞǀĞŶƵĞĨƌŽŵ ůĞŐĂůĐĂŶŶĂďŝƐŽƉĞƌĂƟŽŶƐ͘
dŚĂŶŬLJŽƵĨŽƌĐŽŶƐŝĚĞƌŝŶŐƚŚĞĂďŽǀĞ͕ĂŶĚǁĞǁĞůĐŽŵĞƚŚĞŽƉƉŽƌƚƵŶŝƚLJƚŽƌĞĐŽŶǀĞŶĞĂŵĞĞƟŶŐ ƚŽĚŝƐĐƵƐƐĨƵƌƚŚĞƌŚŽǁǁĞĐĂŶŝŵƉƌŽǀĞƚŚĞƐƵƐƚĂŝŶĂďŝůŝƚLJĂŶĚƐĞĐƵƌŝƚLJŽĨƚŚĞůŽĐĂůĐĂŶŶĂďŝƐ ŝŶĚƵƐƚƌLJĂŶĚĐŽŵŵƵŶŝƚLJ͘
^ŝŶĐĞƌĞůLJ͕
ŚĂĚDĂdžǁĞůů
tĞƐƚůŝīWƌŽǀŝƐŝŽŶƐ /ŶĐͬ͘ϯƌŽƐ
'ƌĂŶƚWĂůŵĞƌ
ĂŶŶĂƌƵnj
21.9 21.10
ĚĚŝƟŽŶĂů^ŝŐŶĂƚƵƌĞWĂŐĞ
Traci Tift (Jan 16, 2024 14:03 PST)
Traci Tift
21.11 ĚĚŝƟŽŶĂů^ŝŐŶĂƚƵƌĞWĂŐĞ
Signature:
Email:
Signature:
Email:
Jason Freeman (Jan 17, 2024 13:16 PST)
[email protected] [email protected]
21.12 ĚĚŝƟŽŶĂů^ŝŐŶĂƚƵƌĞWĂŐĞ
21.13 ĚĚŝƟŽŶĂů^ŝŐŶĂƚƵƌĞWĂŐĞ
21.14 ĚĚŝƟŽŶĂů^ŝŐŶĂƚƵƌĞWĂŐĞ
21.15 ĚĚŝƟŽŶĂů^ŝŐŶĂƚƵƌĞWĂŐĞ
21.16 ĚĚŝƟŽŶĂů^ŝŐŶĂƚƵƌĞWĂŐĞ
21.17 1
Rosemary Balsley
From: Garrett <[email protected]>
Sent: Thursday, April 04, 2024 8:42 PM
To: City Council
Subject: 4.9.24 Agenda Item #21 cannabis Business Moratorium
4.9.24 Agenda Item #21 cannabis Business Moratorium
Dear Council,
One wonders why this is an emergency. Got me. You don't really explain with real logic. You want to make changes, and the changes strike me as the usual how can you squeeze more money out of businesses for the sake of the city government, raising fees, etc. I'm not so sure this is protect the health of anything except your pocket books.
"Adjustments to the commercial business tax (CBT) rate and imposition of a flat annual licensing fee for cannabis retail, distribution and cultivation/manufacturing sectors;" Read jack those fees and taxes up.
"Adjustments to allocations to the Children’s Fund, addition of allocations to support law enforcement related to cannabis businesses, and percentage allocated to the General Fund; " Read "Jack those up" because some body thinks diverting (read protecting) taxes in specified amounts permanently funding them is better than the General Fund where future elected reps might have different ideas and different fiscal situations. Like you know better for all time.
"Increases in the number of cannabis retail licenses available in the City;" Again , Jack (increase) revenue no matter how it effects existing business or health of the people. In reality, getting stoned doesn't really help anyone's grasp of reality or ability to function.
"exploring City’s ability to use license issuance or transfer as an opportunity to generate additional City revenue;"
Yep, line your pockets without delivering any extra value to anyone that pays.
All this, when the real issue I originally had with you cannabis license ordinance is that it is what I call leftist bullshit discrimination. Some of the "point values" you use to compare applicants are racist and typical of the outrageous discrimination possible with "Health in all policies". But you don't care about fixing that. or getting rid of that. Only using it as an excuse to extort money returning nothing to those who pay.
You must be real "proud" of yourselves.
Garrett Philipp - Westside
21.18 1
Rosemary Balsley
From: Ron Pomerantz <[email protected]>
Sent: Sunday, April 07, 2024 8:52 PM
To: City Council
Subject: April 9, 2024 Council agenda item# 21: temporary moratorium on establishment of new Cannabis businesses
Re. Council agenda item# 21: temporary moratorium on establishment of new Cannabis businesses Good day Mayor and Councilmembers I don’t have a strong position to support or oppose a cannabis business at Laurel and Mission. I understand the feelings of opponents who believe this type of business is too close to a school. But Council policy permits this type of business at this location. I think a moratorium financially penalizes a business that followed all the rules put forth by the Council. Don’t set up a situation to get sued and waste our tax money. Besides if the high school students want to get cannabis they’ll get it somewhere.
Additionally I can definitely say Councilmember Golder must recuse herself from voting on this issue. She has a personal and financial interest in opposing this business. Her employer, Santa Cruz City Schools, has taken a vehement position to stop this business. Her job could be jeopardized should she support it. Her Staff and colleagues and parents of her students might shun her should she support it. Ms. Golder is not always objective on issues before Council, but in this case it’s understandable that she cannot be objective. Make sure the City Attorney advises Ms. Golder to step off the dais when this issue is up for consideration.
Thank you for your time.
Ron Pomerantz
21.19 1
Rosemary Balsley
From: Bryce Berryessa <[email protected]>
Sent: Monday, April 08, 2024 8:09 AM
To: City Council
Cc: Lee Butler; Tony Condotti; Valerie Corral; Kyle Giorchino; Gavin Kogan Subject: The Hook Outlet - Public Comments against proposed Cannabis Business Moratorium Attachments: Moratorium Repsonse for Public Record .pdf All,
Please see our comments for Public Record as it relates to the proposed Emegency Cannabis Ordinance being considered tomorrow by the City Council. (Attached)
Regards,
Bryce Berryessa
21.20 Subject: Opposition To Proposed Emergency
Moratorium
Attn: Santa Cruz City Council
CC: Matt Huffaker, Lee Butler
Dear Council Members,
I am reaching out to provide our perspective and the facts surrounding the recent challenges we have faced with the city regarding the transfer of WAMM’s retail license to our organization, our AUP to operate at 1129 Mission St, and our opposition to the proposed emergency ordinance.
In March of 2023, we met with city staff to confirm WAMM’s eligibility to transfer their retail license to our organization. Staff confirmed the license was valid, and we met all requirements for license transfer. In July, we applied for the transfer of the retail cannabis license, a process that initially moved forward smoothly, with approval from all relevant city departments. However, in December, we encountered unexpected resistance from senior city officials. Despite having met all the pre-established requirements of the city’s existing municipal code without the need for a variance, the city sought to impede the license transfer by challenging the retail license's transferability after all relevant city departments had approved it. After weeks of backand-forth and significant legal fees incurred on our end, the city agreed the license was valid and transferable in early January.
However, as a condition of the license transfer, the city imposed an overreaching indemnification clause. This clause was undisclosed at the time of our application and uniquely applied to us, diverging from the treatment of other cannabis businesses.
The indemnification condition requires both us and our landlord to cover the city’s legal expenses in any lawsuits related to our operation. Based on conditions not previously imposed on similar businesses, this demand represents an undue and discriminatory burden on our rights to conduct business under established city law and zoning.
Furthermore, given the aggressive and unrelenting opposition from the school board, we can only view the indemnity as explicitly designed to intimidate us into giving up on our rights or financially punish us for not doing so.
The mayor's and council member Kalentari-Johnson's initiative to introduce a moratorium at this time rather than after March 14th, when we are scheduled to go before the city council for our AUP entitlement, seems aimed squarely at altering the
21.21 city's cannabis ordinance in a way that would retroactively deny our business the right to operate at 1129 Mission St. This proposed change comes despite our meticulous adherence to all existing city regulations and zoning laws. Notably, our company stands as the singular cannabis enterprise currently navigating the city’s entitlement process, setting a precedent where the proposed moratorium disproportionately impacts our operations.
The timing and specificity of this action provoke deep concerns regarding the fairness and legality of the city's stance toward our enterprise. When the mayor disclosed his intentions to propose a moratorium, we engaged in direct dialogue, urging a postponement of this decision until after our scheduled city council meeting. Our argument was clear: introducing a moratorium at this juncture would not only inflict undue economic damage upon our business but also impede our right to a fair and transparent process. The singling out of our business for such a prejudicial action underscores a targeted approach that we find deeply concerning.
Moreover, in discussions with the mayor, it was revealed that any amendments to the ordinance would affect our operation, with the city attorney confirming that we would not be "grandfathered" under current regulations and zoning. This confirmation directly communicated to us signifies a stark departure from the principle that businesses should be able to rely on the stability of the legal framework under which they initiate their operations. The implication that changes to the ordinance would render us noncompliant, despite our adherence to all guidelines and approvals at the time of application, highlights a troubling shift in goalposts that could have far-reaching implications for the fairness and predictability of the city's regulatory environment.
These developments are concerning for their impact on our business and signal potential breaches of legal and procedural standards intended to ensure fair and transparent governance. The selective application of new conditions and efforts to further delay and obstruct our access to a fair public hearing point to a pattern of intimidation and discrimination.
The mayor's direct communications this week with our competitors asking them to participate in the process of scrutinizing and potentially revising key public policies— including taxation, land use, licensing, and public safety—signals a disturbing conflict of interest. This act of soliciting input from entities that stand to gain from our failure compromises the integrity of the entire regulatory framework. It veers sharply from the foundational principles of fairness and impartiality underpinning such processes. By inviting feedback from these competitors, the mayor amplifies voices with a clear bias against us and risks skewing policy adjustments in their favor. This could jeopardize our operation at 1129 Mission St., essentially allowing those opposed to our presence to influence decisions critically affecting our business's viability. This approach questions the fairness of the city's regulatory process and places our future in the hands of those with the most to gain from our challenges.
21.22 Our commitment to operating within the legal and regulatory framework is unwavering.
We seek nothing beyond the fair application of the law, as it stands, to all parties. The implications of these actions by city officials extend beyond our individual case, touching on the integrity of the city’s processes and the equitable treatment of businesses within the community.
We remain open to dialogue and hope for a resolution that respects our legal rights and the city’s obligations. We aim to contribute positively to the community, complying with the letter and the spirit of the law.
Bryce Berryessa
Visionary
The Hook Outlet | Treehouse
Watsonville | Santa Cruz | Capitola
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Rosemary Balsley
From: R V <[email protected]>
Sent: Monday, April 08, 2024 8:52 AM
To: City Council
Subject: School board member should recuse from WAMM/Hook dispensary issue for conflict of interest.
Please support the laws you have passed on
cannabis dispensaries and require school board members who are on the council to recuse themselves for conflicts of interest.
Please do not delay the Hook location.
Are you going to close all Santa Cruz dispensaries during your proposed review?
If you do not, is this unequal treatment under the law? Should it not be a case of everyone dances or no one dances? Are you going to make existing dispensaries change their established locations?
The law is the law and applies to everyone equally.
Thank you for your hard work and consideration of my message.
Richard Veil
Santa Cruz
831 818 1837
•https://www.thephoblographer.com/2015/01/23/shot-art-non-retouched-photography/
21.24 1
Rosemary Balsley
From: Ron Pomerantz <[email protected]>
Sent: Monday, April 08, 2024 9:12 AM
To: Tony Condotti City Attry; Tony Condotti; City Attorney Condotti Cc: City Council
Subject: Fwd: April 9, 2024 Council agenda item# 21: temporary moratorium on establishment of new Cannabis businesses
Good morning Mr. Condotti.
I was advised to send you a copy of my letter to Council. This is regarding Agenda Item #21: temporary moratorium on establishment of new Cannabis businesses. My request is for you to make a determination if Councilmember Golder must recuse herself on this item due to a conflict of interest as discussed in the attached letter.
Thank you for your time.
Ron Pomerantz
Begin forwarded message:
From: Ron Pomerantz <[email protected]>
Subject: April 9, 2024 Council agenda item# 21: temporary moratorium on establishment of new Cannabis businesses
Date: April 7, 2024 at 8:51:35 PM PDT
To: City Council <[email protected]>
Re. Council agenda item# 21: temporary moratorium on establishment of new Cannabis businesses
Good day Mayor and Councilmembers I don’t have a strong position to support or oppose a cannabis business at Laurel and Mission. I understand the feelings of opponents who believe this type of business is too close to a school. But Council policy permits this type of business at this location. I think a moratorium financially penalizes a business that followed all the rules put forth by the Council. Don’t set up a situation to get sued and waste our tax money. Besides if the high school students want to get cannabis they’ll get it somewhere.
Additionally I can definitely say Councilmember Golder must recuse herself from voting on this issue. She has a personal and financial interest in opposing this business. Her employer, Santa Cruz City Schools, has taken a vehement position to stop this business.
Her job could be jeopardized should she support it. Her Staff and colleagues and parents of her students might shun her should she support it. Ms. Golder is not always objective on issues before Council, but in this case it’s understandable that she cannot be objective.
Make sure the City Attorney advises Ms. Golder to step off the dais when this issue is up for consideration.
Thank you for your time.
Ron Pomerantz
21.25 1
Rosemary Balsley
From: Whitney Stone <[email protected]>
Sent: Monday, April 08, 2024 2:00 PM
To: City Council
Subject: Applicant KGBB DBA The Hook Santa Cruz, Cannabis Retail 1129 Mission St.
Greetings City Council of Santa Cruz,
I am opposed to any moratorium on the applicant KGBB DBA The Hook Santa Cruz, prior to getting an entitlement for an administrative use permit. I have grave concerns regarding the city’s process. I have grave concerns that this moratorium seems to specifically target the applicant KGBB DBA The Hook Santa Cruz. I have grave concerns that the city of Santa Cruz is attempting to change the rules retroactively on this applicant.
This applicant has been paying rent on the proposed location, 1129 Mission Street since July 2023.
This property is properly zoned and was initially approved by the city of Santa Cruz for Cannabis Retail. The applicant successfully completed a local license transfer. The applicant successfully completed the AUP application and was deemed compliant. The applicant has paid all city of Santa Cruz fees and has complied with all requests.
The applicant received the staff report showing the location was Categorically Exempt from CEQA, this was the last local element required to apply at the state level to the DCC. The applicant was advised to move forward with state licensing and paid the application fee to the state. The applicant did so, and the DCC analyst assigned to the case responded that local authorization was denied.
This has been a difficult, time consuming and expensive project, and after nearly a year of compliance the applicant is now faced with emergency legislation, further delaying the project’s fruition, causing extreme financial burden on the applicant. If the city council does choose to pass the moratorium, I strongly suggest a provision that safeguards the applicant's interest and ensures that any changes do not affect the applicant’s application or entitlement process.
Thank you for your time and consideration in this matter.
Sincerely,
W Stone
Monterey Peninsula Resident since 2006 and frequent visitor/consumer to the city of Santa Cruz
21.26 1
Rosemary Balsley
From: Rosemary Chalmers <[email protected]>
Sent: Monday, April 08, 2024 3:56 PM
To: City Council
Cc: rachel shelton
Subject: The proposed Cannabis dispensary on Mission St.
Hello Mr.Mayor and City Council members,
I have had extensive discussions with not only Bryce, but Val Corral, who started WAMM. This organization is the earliest and most helpful of all, concerning medical cannabis to very sick patients. Bryce has done everything right and nothing wrong, I feel you are targeting him, as pressure has been put on you by the school district. This is grossly unfair and not called for, he pas done his due diligence and spent thousands of dollars and extensive hours, to make sure his application was in order, it was in order, and now, you need to stand up and do what is right. There is every possible security scenario in place, and let’s face it, kids don’t go to dispensaries, they go to their friends, the dark Webb, or the street.
Please reconsider this matter for a man who wants to do business with the city, will pay his taxes and is a general all around stand up human. It is unfair to stop this process, when he is so close to opening. He is a responsible member of our community and deserves better than this.
Thank you for reading this missive,
Sincerely,
Rosie Chalmers
21.27 1
Rosemary Balsley
From: [email protected]
Sent: Monday, April 08, 2024 4:02 PM
To: City Council
Subject: Boooo on Dispensary moratorium
I am a registered voter and have resided at 239 Peyton Street for over 40 years.
I do not support this moratorium. This is not an emergency by any definition.
I’m tired of having to drive to 41st avenue to patronize The Hook. They are the only reasonably priced dispensary in town.
If you want to restrict dispensaries, you should propose something the community can vote on, not throw up panicky regulations. I question your motives, you seem to be targeting one well respected dispensary while giving existing businesses a pass.
Regards
Teri Morris
21.28 1
Rosemary Balsley
From: Gavin Kogan <[email protected]>
Sent: Monday, April 08, 2024 4:09 PM
To: Tony Condotti
Cc: [email protected]; [email protected]; [email protected]; Renee Golder; City Council; Matt Huffaker; [email protected]
Subject: WAMM Claims Notice & Preservation Demand
Attachments: WAMM Preserve Ltr 0408_2024.pdf
Attached hereto please find a digital copy of correspondence being sent via U.S. Mail in today’s post.
Gavin Kogan
Partner
Hudson Martin PC
26515 Carmel Rancho Blvd., Suite 200, Carmel, CA 93923
Mailing: P.O. Box 112 • Monterey • CA • 93942 • (831) 375-3151 ext. 228 Fax: (831) 375-0131 • Website: www.hudsonmartin.com
CONFIDENTIALITY NOTICE: This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 USC 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This communication may contain confidential and privileged material for the sole use of the intended recipient and receipt by anyone other than the intended recipient does not constitute a loss of the confidential or privileged nature of the communication. Any review or distribution by others is strictly prohibited. If you are not the intended recipient please contact the sender by return electronic mail and delete all copies of this communication.
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1 Rosemary Balsley
From: info at wamm <[email protected]>
Sent: Monday, April 08, 2024 4:40 PM
To: City Council
Subject: Opposition letter to the moratorium put on WAMM Phyto and the Hook Hello,
I’m writing to support the opening of a new dispensary on the west side of Santa Cruz in order to support WAMM’s patients.
I am a student who grew up in Santa Cruz, and my parents work with WAMM to provide compassionate care to medicinal marijuana users. This is a personal issue as well as a family issue for me, and I believe in WAMM’s mission to help terminally ill and impoverished people. I think opening a dispensary in the old Emily’s bakery location would provide a much needed service to patients on the west side.
Thanks,
-Kira King
21.39 1
Rosemary Balsley
From: Jurij Kokolskyj <[email protected]>
Sent: Monday, April 08, 2024 4:40 PM
To: City Council
Subject: Urgent Concern Regarding Cannabis Retail in Santa Cruz Dear City Council of Santa Cruz,
I am writing to let you know that, as a taxpaying resident living and working in Santa Cruz, I am completely opposed to any moratorium on the application for The Hook Outlet dispensary on 1129 Mission St.
As a concerned member of our community, it's troubling to witness the hurdles faced by individuals seeking access to cannabis for medicinal purposes. The recent developments surrounding the zoning and licensing of cannabis retail space in Santa Cruz highlight the challenges imposed by regulatory frameworks.
It's disheartening to learn that despite diligent efforts to navigate the complex regulatory landscape, individuals are encountering barriers that hinder their ability to access cannabis safely and legally.
The delays and financial burdens imposed by emergency legislation further underscore the urgent need for reform.
In light of these challenges, I urge city council members to consider the impact of any moratorium on applicants and community members alike. It's crucial that any regulatory decisions prioritize the wellbeing of patients and individuals who rely on cannabis for therapeutic relief.
I sincerely hope that city officials will take into account the concerns of community members and work towards a solution that ensures equitable access to cannabis while upholding regulatory standards.
Thank you for your attention to this matter, and I remain hopeful for a resolution that serves the best interests of our community.
21.40 1
Rosemary Balsley
From: Phoenyx <[email protected]>
Sent: Monday, April 08, 2024 4:44 PM
To: City Council
Subject: Opposition to the moratorium on WAMM phyto and The Hook Dear Santa Cruz City Council,
I am writing in opposition to the decision to put a moratorium on WAMM phyto and The Hook. Having access to medicine on the west side of Santa Cruz is neccesary for the poor, dying and sick population of patients that WAMM serves. Putting a hold on this dispensary opening up will directly take vital access away from our community at large but away from the patients who need it most. Please reconsider this decision for the health of our community.
I am a disabled, queer part-time student, part-time worker who has lived in Santa Cruz my whole life. I believe fiercely in the healing power of cannabis.
Thank you,
Phoenyx Nist-Ferrare
21.41 1
Rosemary Balsley
From: Marina Bleich <[email protected]>
Sent: Monday, April 08, 2024 4:51 PM
To: City Council
Subject: Oppose Moratorium Letter to WAMM Phyto & The Hook March 8th, 2024
To The Santa Cruz City Council,
I, Marina Bleich oppose the moratorium. I have been a parent WAMM Member and volunteer for over a decade. I became a full time employee at 540 Soquel Ave. Santa Cruz, CA as of September 2020 thru August 2022. I moved out of Santa Cruz, but I continued to travel to 540 Soquel Ave to work on administrative duties and remotely support with part time administrative work as needed. My duties at WAMM Phytotherapies include: overseeing administrative duties & operations, DCC applications and communication with DCC assigned officers to ensure up to date compliance codes. Paying monthly bill statements such as Comcast Business for Wifi, Internets, phone services, Watchdog Alarm system for surveillance equipment, EDD filings, IRS Tax filings, Payroll filings, bookkeeping, bank transactions, state compensations fund insurance, bond insurance all addressed to 540 Soquel Ave. Santa Cruz, CA in effort to continue business administrative operations to be compliant with DCC.
Continued duties: Preparing correspondence including confidential information, Preparation of Board Agendas & Minutes, Compiling documents and data for research and medical information, Editing, proofreading, summarizing and redlining agreements, copy editing and correspondence, Maintaining credibility, trust and support with senior management and all employees represents the CEO in designated meetings as required, and assists in coordinating Operations Team and off-site meetings.
Prioritizes conflicting needs, handling matters proactively and with a sense of urgency. Maintains the supply chain through producer relationships, production coordination, and distribution of goods, oversees product inventory according to patient base needs, and determines production goals to address supply needs, manages product development, organizes Manager-level positions and their departmental operations,
Ensures all operating cells of WAMM are working towards the overarching holistic goals of the organization, engaging regularly with the WAMM legal, financial, and business advisory team to determine how best to navigate the cannabis industry.
Before becoming a full time employee with WAMM Phytotherapies, I would volunteer and support WAMM at 815 Almar Santa Cruz from 2014-2018 with administrative work in exchange for donated medicinal cannabis for my 4yr. old daughter (Kaia) at the time who was suffering from Dravet syndrome, also known as Severe Myoclonic Epilepsy of Infancy (SMEI), is a rare form of intractable epilepsy that begins in infancy and proceeds with accumulating morbidity that significantly impacts individuals throughout their lifetime and is characterized by a variety of drug resistant seizures. Kaia
21.42 2
was prescribed over 20+ synthetic anti-seizure pharmaceuticals at only 4 years of age and nothing was helping.
We stumble upon a documentary a few years ago on Discovery Channel. It’s about a boy with Dravet Syndrome (Jayden David) and how his father (Jason David) is treating Him with medical cannabis. Medical cannabis is not considered a real curable source in hospitals in 2012. Doctors are not able to give proper treatment or dosage due to thousands of cannabis strains and many ways to extract it. Kaia’s Pediatric Neurologist (Dr. Joseph Sullivan) at UCSF has found that medical cannabis has been known to stop seizures in children that suffer from Epilepsy (Dravet Syndrome).
Every strain from WAMM Phyto that is given to Kaia is trusted. The sourced out cannabis oil provided by WAMM Phyto are organically grown without any harmful pesticides. It is properly analyzed by a local trusted lab (SC Labs) all recommended dosages for Kaia are properly documented on a journal/log and shared with her Pediatric Neurologist Dr. Joseph Sullivan and Pediatric Health Provider Dr. Holder.
We have noticed a difference with Kaia’s seizures and behavior for the best.
Being part of WAMM Phytotherapies all these years has given me a sense of purpose and it is truly rewarding to help those who are in true need. I can speak from personal experience. Without WAMM Phyto compassionate program and Valerie’s Corral support I would have been at loss with my daughter’s healing journey. I am happy to report my daughter has now been off pharmaceuticals for 10yrs!
Kind Regards,
Marina Bleich
Compassion is to look beyond your own pain, to see the pain of others.— Yasmin Mogahed
21.43 1
Rosemary Balsley
From: Jenna Gallant <[email protected]>
Sent: Monday, April 08, 2024 4:49 PM
To: City Council
Subject: Urgent Support Needed: I Stand With The Hook and WAMM Phytotherapies Against Unprecedented City Council Challenges
Hello City Council of Santa Cruz,
I am writing to voice that I am in opposition to any moratorium on the applicant KGBB DBA The Hook Santa Cruz, prior to getting an entitlement for an administrative use permit.
From what I have observed over the last few months, it appears that the city is specifically targeting the applicant KGBB DBA The Hook Santa Cruz in partnership with WAMM Phytotherapies. Changing rules retroactively on this applicant is beyond absurd; it is unethical and sets an incredibly subjective and bad precedent for the future. I know for a fact it is not good government to serve the needs of a few powerful people instead of the needs of the citizens of this community. Based on what I have seen and heard regarding Santa Cruz City Council's behavior, I am gravely concerned that the people we have voted into office are only concerned about their own selfish agenda, rather than the needs of the community. I would think it should go without saying, but a city council moving the goalposts on policy for personal reasons is unethical and unjust behavior, and leaves me feeling disgusted with those governing the community I call home.
It has been confirmed that:
• This applicant has been paying rent on the proposed location, 1129 Mission Street since July 2023.
• This property is properly zoned and was initially approved by the city of Santa Cruz for Cannabis Retail.
• The applicant successfully completed a local license transfer. • The applicant successfully completed the AUP application and was deemed compliant. • The applicant has paid all city of Santa Cruz fees and has complied with all requests. • The applicant received the staff report showing the location was Categorically Exempt from CEQA, this was the last local element required to apply at the state level to the DCC. • The applicant was advised to move forward with state licensing and paid the application fee to the state.
• The applicant did so, and the DCC analyst assigned to the case responded that local authorization was denied.
By passing this moratorium, you are not only continuing to cause extreme financial burden on the applicant, but also seeming to leverage this financial vulnerability for your own agenda because it will inevitably further delay this project.
If you do decide to pass this moratorium, it is absolutely critical that you safeguard KGBB DBA The Hook Santa Cruz to ensure that any changes do not affect the applicant's application or entitlement process. I think it is also worth noting, that KGBB DBA The Hook Santa Cruz is not utilizing a brand new cannabis license, but repurposing one that already exists - this makes it even more necessary to protect them in the case of the moratorium, because they should have the same rights as all other existing cannabis licenses in the city.
21.44 2
The Hook and WAMM Phytotherapies must be allowed to operate on the Westside, not only because I personally think that it is necessary and beneficial to the community, but because it is against this city's established policies to prevent them from doing so.
Thank you for your time and consideration, I hope you do what is right and just.
Sincerely,
J. Gallant
Santa Cruz resident and engaged community member since 2017
21.45 1
Rosemary Balsley
From: Stephanie Kimitsuka <[email protected]>
Sent: Monday, April 08, 2024 4:51 PM
To: City Council
Subject: Support for The Hook Outlet
To the Santa Cruz City Council
I am writing in support of The Hook Outlet, and to request that you deny the proposed moratorium and ordinance changes regarding cannabis businesses.
The Hook Outlet should be allowed to open a dispensary at 1129 Mission St. The Planning Commission has approved the project with a vote of 5-2. The site meets all zoning requirements and is in full compliance with the ordinance. The ordinance was heavily debated in public process in 2017. These requirements are numerous and leave very few compliant locations. As members of the Planning Commision said, it would be unfair to move the goal post after the fact.
In addition, the project has the support of Santa Cruz City law enforcement. The Hook has been successfully and safely operating in Santa Cruz County for 4 years. In that time, there has never been an incident or any exposure to youths. The Hook has excellent standing with Capitola and Watsonville Police Departments, and is also supported by former supervisor John Leopold.
I fully support the legislative process and ask that The Hook be treated fairly and equally under the law. It is bad government and discrimination to change the law after the fact. Please deny the moratorium, or treat the proposed 1129 Mission St. location the same as all existing city dispensaries.
Thank you for your time and consideration
Stephanie Kimitsuka
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21.46 1
Rosemary Balsley
From: Marina Bleich <[email protected]>
Sent: Monday, April 08, 2024 4:51 PM
To: City Council
Subject: Oppose Moratorium Letter to WAMM Phyto & The Hook March 8th, 2024
To The Santa Cruz City Council,
I, Marina Bleich oppose the moratorium. I have been a parent WAMM Member and volunteer for over a decade. I became a full time employee at 540 Soquel Ave. Santa Cruz, CA as of September 2020 thru August 2022. I moved out of Santa Cruz, but I continued to travel to 540 Soquel Ave to work on administrative duties and remotely support with part time administrative work as needed. My duties at WAMM Phytotherapies include: overseeing administrative duties & operations, DCC applications and communication with DCC assigned officers to ensure up to date compliance codes. Paying monthly bill statements such as Comcast Business for Wifi, Internets, phone services, Watchdog Alarm system for surveillance equipment, EDD filings, IRS Tax filings, Payroll filings, bookkeeping, bank transactions, state compensations fund insurance, bond insurance all addressed to 540 Soquel Ave. Santa Cruz, CA in effort to continue business administrative operations to be compliant with DCC.
Continued duties: Preparing correspondence including confidential information, Preparation of Board Agendas & Minutes, Compiling documents and data for research and medical information, Editing, proofreading, summarizing and redlining agreements, copy editing and correspondence, Maintaining credibility, trust and support with senior management and all employees represents the CEO in designated meetings as required, and assists in coordinating Operations Team and off-site meetings.
Prioritizes conflicting needs, handling matters proactively and with a sense of urgency. Maintains the supply chain through producer relationships, production coordination, and distribution of goods, oversees product inventory according to patient base needs, and determines production goals to address supply needs, manages product development, organizes Manager-level positions and their departmental operations,
Ensures all operating cells of WAMM are working towards the overarching holistic goals of the organization, engaging regularly with the WAMM legal, financial, and business advisory team to determine how best to navigate the cannabis industry.
Before becoming a full time employee with WAMM Phytotherapies, I would volunteer and support WAMM at 815 Almar Santa Cruz from 2014-2018 with administrative work in exchange for donated medicinal cannabis for my 4yr. old daughter (Kaia) at the time who was suffering from Dravet syndrome, also known as Severe Myoclonic Epilepsy of Infancy (SMEI), is a rare form of intractable epilepsy that begins in infancy and proceeds with accumulating morbidity that significantly impacts individuals throughout their lifetime and is characterized by a variety of drug resistant seizures. Kaia
21.47 2
was prescribed over 20+ synthetic anti-seizure pharmaceuticals at only 4 years of age and nothing was helping.
We stumble upon a documentary a few years ago on Discovery Channel. It’s about a boy with Dravet Syndrome (Jayden David) and how his father (Jason David) is treating Him with medical cannabis. Medical cannabis is not considered a real curable source in hospitals in 2012. Doctors are not able to give proper treatment or dosage due to thousands of cannabis strains and many ways to extract it. Kaia’s Pediatric Neurologist (Dr. Joseph Sullivan) at UCSF has found that medical cannabis has been known to stop seizures in children that suffer from Epilepsy (Dravet Syndrome).
Every strain from WAMM Phyto that is given to Kaia is trusted. The sourced out cannabis oil provided by WAMM Phyto are organically grown without any harmful pesticides. It is properly analyzed by a local trusted lab (SC Labs) all recommended dosages for Kaia are properly documented on a journal/log and shared with her Pediatric Neurologist Dr. Joseph Sullivan and Pediatric Health Provider Dr. Holder.
We have noticed a difference with Kaia’s seizures and behavior for the best.
Being part of WAMM Phytotherapies all these years has given me a sense of purpose and it is truly rewarding to help those who are in true need. I can speak from personal experience. Without WAMM Phyto compassionate program and Valerie’s Corral support I would have been at loss with my daughter’s healing journey. I am happy to report my daughter has now been off pharmaceuticals for 10yrs!
Kind Regards,
Marina Bleich
Compassion is to look beyond your own pain, to see the pain of others.— Yasmin Mogahed
21.48 1
Rosemary Balsley
From: david volkland <[email protected]>
Sent: Monday, April 08, 2024 4:56 PM
To: City Council
Subject: The Hook Santa Cruz
Greetings, City Council of Santa Cruz,
I oppose any moratorium on the applicant KGBB DBA The Hook Santa Cruz before getting an entitlement for an administrative use permit. I have grave concerns regarding the city’s process. I am concerned that this moratorium targets the applicant, specifically the Hook Santa Cruz. I am worried that the city of Santa Cruz is attempting to retroactively change this applicant's rules. It does not seem like a good government to move the goalpost because you don't like who wins the game in the last quarter.
The Hook has been paying rent on the proposed location, 1129 Mission Street, since July 2023.
This property is appropriately zoned correctly and was initially approved by the city of Santa Cruz for Cannabis Retail. The applicant completed the AUP application's local license transfer and was deemed compliant. The applicant has paid all City of Santa Cruz fees and has complied with all requests.
The applicant was advised to move forward with state licensing and paid the application fee to the state. The applicant did so, and the DCC analyst assigned to the case responded that local authorization was denied.
This has been a challenging, time-consuming, and expensive project. After nearly a year of compliance, the applicant is now faced with emergency legislation, further delaying the project’s fruition and causing an extreme financial burden on the applicant. If the city council does choose to pass the moratorium, I strongly suggest a provision that safeguards the applicant's interest and ensures that any changes do not affect the applicant’s application or entitlement process.
Respectfully
David Volkland
A resident of Santa Cruz since 2005
change this applicant's rules retroactively
21.49 1
Rosemary Balsley
From: Valerie Leveroni Corral <[email protected]>
Sent: Monday, April 08, 2024 4:57 PM
To: City Council
Subject: Opposition to Moratorium
Attachments: Letter opposing Moratorium .odt
Dear Council,
Please add this letter to the agenda packet for April 9, 2024 City Council Meeting Regards, Valerie
Valerie Leveroni Corral
WAMM Phytotherapies, CEO
Santa Cruz, CA
831.425.0580
"The best way to find yourself is to lose yourself in the service of others." Gandhi
"Never let doubt enter." Momma
21.50 April 8, 2024
Santa Cruz City Council
809 Center St
Santa Cruz, CA 95060
Re: Opposition to the Proposed Moratorium on “New” Cannabis Businesses Dear Honorable Mayor & City Council Members
To begin I want to address the outreach letter from Mayor Fred Keeley to the other local cannabis businesses, which was reprinted in the Crimewatch Cannabis Operators group. I haven't received a copy of that outreach letter from your office.
Honestly, when I read it I was struck that it felt disingenuous to inquire among our competitors, some of whom WAMM Phytotherapies chose not to work with. Perhaps it was not your intention to seek input from those who are unlikely to throw their support behind The Hook opening in town, even if The Hook is the only possible hope for WAMM's Equity Services to thrive and the only group who offered to give the kind of support that we need to pursue our mission. Our collaboration with them is the sole possibility for us to continue our profound work in a unified and supportive structure with a business that shares our ideals, mission of service and vision to enrich the lives of those who would otherwise not be. It is hard for me to believe that you would intentionally do something divisive, so I won't.
A few days ago I received an email from Shebreh Kalantari-Johnson following your meeting with the Mayor, stating your intentions to set the agenda item for a moratorium. This is very unfortunate and furthermore, this action will be profoundly detrimental to our interest. As you can imagine it is frustrating that the City would consider changing the regulations on only our application, signaling a significant miscalculation on the part of City officials. It is our belief
21.51 that were the City to change those conditions, it would render WAMM's "grandfathered in" status as valueless and moot, unless in you guarantee otherwise. This is not the correct action for you to take and certainly not reflective of the decades long support from our Santa Cruz community.
While I'm baffled by your resistance, there is no question that any contrary actions taken by the City, based on the factually acking evidence provided by the School Board, to adversely affect our opening could only be perceived as politically motivated. However, at this point I suspect that we have little choice but to trust the process. In fact, against all odds, I have been doing just that for 32 years with great success. And with that in mind, I look forward to a victorious outcome, one that keeps facts at the forefront along with the undeniable impact that our services have provided over these many years, without interruption, to the poor, sick and dying. I trust that you will have their interest at heart as well, and that right action will not be subverted by fear. Anything less than a victory for us would be considered arbitrary and capricious.
Still, I do not waste too much time lamenting over what I cannot change. I never take politics personally. I recognize that they are much like seaweed. I trust that we will work this out in the best interest of our entire community, allowing our collaborative partnership to thrive, as other dispensaries do, and finally to protect and to pay homage to those upon whose backs this entire industry was built.
Thank you for taking the time to meet with us and for seeing past a ill-conceived action.
Kind regards, Valerie
Valerie Leveroni Corral
WAMM Phytotherapies, CEO
PO BOX 124
Davenport, CA 95017
Santa Cruz, CA
831.425.0580
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Rosemary Balsley
From: Bayley Logan <[email protected]>
Sent: Monday, April 08, 2024 4:59 PM
To: City Council
Subject: Urgent Appeal Against Unjust Moratorium Threatening Locally-Owned Dispensary Urgent Appeal Against Unjust Moratorium Threatening Locally-Owned Dispensary, The Hook
Dear City Council of Santa Cruz,
I am writing to you as the Chief Marketing Officer of The Hook, to urgently address the proposed moratorium that severely impacts our application for an administrative use permit at 1129 Mission Street. Our efforts to continue the compassionate mission of WAMM Phytotherapies—by providing cannabis to those in chronic and terminal need—face unprecedented challenges due to this unexpected legislative proposal.
Our commitment to legal compliance and community service has been unwavering since the beginning.
The property at 1129 Mission Street, correctly zoned and initially approved for Cannabis Retail, has seen us fulfill every requirement, from local license transfers to the Administrative Use Permit (AUP) process, all deemed compliant. Despite these endeavors, the proposed emergency legislation threatens to derail our project, imposing significant financial and operational burdens.
It's essential to recognize that WAMM Phytotherapies, which holds the distinction of receiving the first retail license issued in Santa Cruz, has carefully selected The Hook to uphold their license and legacy.
This decision came after years of communication and collaboration, underlining our shared commitment to the community’s well-being.
The sudden introduction of a moratorium, potentially altering the rules retroactively, not only undermines our trust in the city’s regulatory framework but also signals a chilling warning to the broader business community. Such action is not only unprecedented but profoundly unfair, particularly as it targets our project—a project buoyed by a favorable Planning Commission vote and the Police Department’s endorsement of our security plan.
We find the moratorium’s targeted nature and the proposed indemnification clause, which uniquely burdens our application, to be deeply concerning. These measures not only challenge the legality and fairness of our treatment but also threaten to stifle future business investment in Santa Cruz.
Therefore, we urgently request the City Council to:
1. Postpone the moratorium and any related ordinance changes until after our scheduled public hearing on May 14th.
2. Reassess the implications of retroactively changing regulations for businesses operating within the city’s established guidelines.
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3. Ensure that legislative changes do not adversely impact in-process applications, like ours, pursued in strict compliance with the city's rules.
Our dedication to finding a constructive resolution remains strong. We hope for a response that considers the significant investments and collaborative efforts made in good faith toward a common goal. Together, we can uphold the principles of fairness, transparency, and community service that define our city.
Thank you for considering our strong opposition. We look forward to your constructive engagement on this critical issue.
Respectfully,
Bayley Logan
Chief Marketing Officer, The Hook
Santa Cruz, CA
_______________________________________________
Bayley Logan | Chief Marketing Officer
| phone: (831) 322-HOOK
| website: hookoutlet.com
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Rosemary Balsley
From: Michael Kamp <[email protected]>
Sent: Monday, April 08, 2024 4:59 PM
To: City Council
Subject: Applicant KGBB DBA The Hook Santa Cruz, Cannabis Retail 1129 Mission St.
Greetings City Council of Santa Cruz,
As a member of the Santa Cruz community, I oppose any moratorium on the applicant titled; KGBB DBA The Hook Santa Cruz prior to a conditional use permit being issued.
There are several concerning optics to the public regarding the moratorium; • The first and most obvious being that this seems to only target KKGB DBA The Hook Santa Cruz • The applicant has yet to receive a conditional use permit despite meeting and adhering to all legal setbacks and requirements.
• The applicant has been paying rent and associated fees, including fees to the county, involved in building and licensing a business and on this location per prior approval of plans from the City themselves.
The reversal of Santa Cruz city's approval after receiving all associated fees is extremely concerning to me as a resident and parent in this county.
A government that moves the goal post after the goal is met, is a government acting in self interest.
A government that acts in self interest, is corrupt.
The applicant has followed all regulations;
• Successfully completed a local license transfer
• Successfully completed the AUP application and was deemed compliant • Paid all city of Santa Cruz fee and has complied with all requests • The applicant received the staff report showing the location was Categorically Exempt from CEQA, this was the last local element required to apply at the state level to the DCC • The applicant was advised to move forward with state licensing and paid the application fee to the state. The applicant did so, and the DCC analyst assigned to the case responded that local authorization was denied.
This has been a time consuming and expensive project with numerous difficulties, and after nearly a year of compliance the applicant is now faced with emergency legislation, further delaying the project and denying medicine to patients in need, causing extreme financial burden on the applicant at the hands of local government. If the city council does choose to pass the moratorium, It is imperative for a provision to be set in place that safeguards the applicant's interest and ensures that any changes do not affect the applicant’s application or entitlement process. -Mike Kamp
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Santa Cruz resident since 2015
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Rosemary Balsley
From: Jurij Kokolskyj <[email protected]>
Sent: Monday, April 08, 2024 4:59 PM
To: City Plan; City Council; Ryan Bane; [email protected] Subject: Support for The Hook Outlet's / WAMM Phytotherapies Dispensary at 1129 Mission St.
Dear City Council Members,
I strongly oppose the proposed moratorium on the new dispensary at 1129 Mission St, which offers vital economic opportunities and promotes responsible business practices in our community. Passing such a moratorium would erode public trust and raise concerns about the integrity and accountability of our local government.
Empowering our youth starts with open dialogue and education about responsible cannabis use. It's crucial to acknowledge that access to cannabis for young people isn't solely determined by proximity to legal dispensaries; it begins at home. By fostering transparency and informed discussions, we can equip our children with the knowledge to make responsible choices.
The applicant’s security plan emphasizes community safety, with advanced measures to prevent youth access. Their collaboration with local authorities underscores their commitment to responsible operations. Additionally, the economic benefits of the dispensary, including job creation and tax revenue, could support education initiatives in our community.
In conclusion, imposing a moratorium would hinder responsible business progress and completely disregard community input. I urge you to prioritize fairness, transparency, and support for local businesses. Otherwise, democracy truly dies with us.
Thank you for your consideration.
Sincerely,
Jurij Kokolskyj
Santa Cruz Resident
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Rosemary Balsley
From: Karli Adams <[email protected]>
Sent: Monday, April 08, 2024 4:59 PM
To: City Council
Subject: Applicant KGMB DBA The Hook 1129 Mission St
Hello City Council of Santa Cruz,
I am strongly opposed to any moratorium on the applicant KGMB DBA The Hook Santa Cruz, prior to getting an entitlement for an administrative use permit. I have serious concerns that this moratorium is specifically targeting the applicant KGMB DBA The Hook Santa Cruz, and that the city of Santa Cruz is attempting to change agreed upon rules retroactively. This is an unfair action against KGMB, who has been diligently working through this approval process for almost a full year.
This applicant has been paying rent on the proposed location, 1129 Mission Street since July 2023. This property is properly zoned and was initially approved by the city of Santa Cruz for Cannabis Retail. The applicant successfully completed a local license transfer. The applicant successfully completed the AUP application and was deemed compliant. The applicant has paid all city of Santa Cruz fees and has complied with all requests.
The applicant received the staff report showing the location was Categorically Exempt from CEQA, this was the last local element required to apply at the state level to the DCC. The applicant was advised to move forward with state licensing and paid the application fee to the state. The applicant did so, and the DCC analyst assigned to the case responded that local authorization was denied.
This has been a difficult, time consuming and expensive project, and after nearly a year of compliance the applicant is now faced with emergency legislation, further delaying the project’s fruition, causing extreme financial burden. If the city council does choose to pass the moratorium, I strongly suggest a provision that safeguards the applicant's interest and ensures that any changes do not affect the applicant’s application or entitlement process.
It is imperative that KGMB DBA The Hook Santa Cruz and subsequently WAMM Phytotherapies be allowed to operate on the west side of Santa Cruz. City Council is essentially “moving the goalposts” on policy that has already been implemented and followed by the applicant. This feels incredibly unjust and undermines the trust of Santa Cruz community members. Please do not allow personal and unethical agendas to determine the needs of a greater community.
Thank you for your time and consideration in this matter.
Sincerely,
Karli Adams, resident of Santa Cruz
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