Santa Monica City Council
October 10, 2023

City Council Meeting: October 10, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPLACING THE TEXT OF SANTA MONICA MUNICIPAL CODE SECTION 7.04.800 IN ITS ENTIRETY AND RENAMING THE SECTION TO “DEDICATION, EASEMENTS AND IMPROVEMENTS OF PUBLIC RIGHT-OF-WAY”
WHEREAS, the City of Santa Monica is the owner and caretaker of the public right-of-way (ROW), and strives to ensure the public ROW addresses the various needs of the public and community; and
WHEREAS, new development on private parcels in the City often results in increased pedestrian and vehicular traffic, thus necessitating upgrades to the public ROW adjacent to the new development; and
WHEREAS, such upgrades are necessary to ensure safe pedestrian and vehicular travel, and include public ROW widening and improvements to sidewalks and streets to safely accommodate increased volumes of pedestrians and vehicles resulting from the new development; and
WHEREAS, on March 14, 1978, Council adopted Ordinance No. 1085CCS, (Chapter 7.04.800 – Access and street improvements), codifying the City’s public ROW requirements; and
WHEREAS, Ordinance No. 1085CCS is outdated and does not clearly or comprehensively communicate the City’s public ROW requirements; and

10.A.a
Packet Pg. 837 Attachment: Proposed Ordinance [Revision 4] (4950 : First Reading to Amend Public Rights-of-Way Code (30 mins))

WHEREAS, the City Engineer has recommended replacing the codified text of Ordinance No. 1085CCS in its entirety, as set forth herein; and WHEREAS, the City Council deems it necessary to replace Ordinance No. 1085CCS to reflect the City’s public ROW requirements more clearly for new development.

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

Section 1. The entirety of Santa Monica Municipal Code Section 7.04.800 is hereby replaced with the following text, as follows:

7.04.800 Access and street improvements.

To provide proper access for users and to prevent congestion and other hazards related to the use of the land permitted in the applicable zones, the following improvements are deemed necessary and must be provided by the property owner at no cost to the City prior to the public utilities being authorized permanent connection and occupancy being permitted:

A. Alleys shall have been improved along the full alley frontage of the subject lot to the standards approved by the City Engineer.

B. Curbs, gutters, street trees, sidewalks and intersection ramps for handicapped, where applicable, shall have been installed along the full street frontages of the subject lot to the standards approved by the City Engineer.

C. Street base and pavement along the full street frontage of the subject lot to the standards approved by the City Engineer shall be provided from the gutter at the subject property side of the street to the center line of the right-of-way.

10.A.a
Packet Pg. 838 Attachment: Proposed Ordinance [Revision 4] (4950 : First Reading to Amend Public Rights-of-Way Code (30 mins))

D. Rights-of-way to accommodate the above shall have been dedicated to the City.

E. The City Engineer may require improvements beyond the property frontages and street center line for a reasonable distance to properly and safely blend the configuration of existing improvements with the above requirements.

7.04.800 Dedication, Easements, and Improvement of Public Right-of-Way

7.04.800.010 Purpose.

The intent of this Chapter is to provide for the orderly acquisition and improvement of the public right-of-way (“right-of-way”) for the benefit of public health, safety, and welfare, and also provide proper circulation access for right-of-way users by preventing congestion and other hazards caused by impacts resulting from the development of land permitted in the applicable zones. The following provisions relating to right-of-way acquisition and off-site improvements are deemed necessary and must be provided by the private property developer or private property owner at no cost to the City.

7.04.800.020 Definitions.

A. Dedication. “Dedication” means the setting aside of private property for public right-ofway use and the acceptance of land for such use by the City of Santa Monica (“City”).

B. Easement. “Easement” means the legal right or privilege to use real property (including access rights) distinct from the ownership of real property. Easement types after dedication of right-of-way:

1. Access Easement. A right or rights granted or taken for the construction, maintenance, and operation of roadways and/or pedestrian or bicycle trails and sidewalks which does not transfer fee title.

10.A.a
Packet Pg. 839 Attachment: Proposed Ordinance [Revision 4] (4950 : First Reading to Amend Public Rights-of-Way Code (30 mins))

2. Utilities Easement. A right or rights granted or taken for the construction, maintenance and operation of City or private utilities including but not limited to water, sewer, storm, electricity, natural gas, and telecommunications above or below the ground, which does not transfer fee title.

C. Institutional Development. “Institutional Developments” consist of building projects that are within the jurisdictional oversight of the State or County, such as the Division of the State Architect (DSA) which oversees design and construction for K-12 schools and community colleges, the Office of Statewide Health and Planning & Development (OSHPD) which oversees design and construction of hospital buildings and other healthcare institutions, and the Los Angeles County Metropolitan Transportation Authority (Metro) which oversees construction of transit facilities. Although building construction is governed by the State or the County, right-ofway dedications may apply as deemed necessary by the City Engineer in accordance this ordinance.

D. Major Project. A “major project” is defined to be a residential, commercial, industrial or institutional development which meets certain applicable development characteristics as set forth in Section 7.04.800.030(A)(1) below.

E. Newly Constructed Building. “Newly Constructed Building” means a new structure that has never been used or occupied for any purpose or removal and replacement of an existing structure, or repair, alteration, modification, addition to, or rehabilitation of an existing structure, where a demolition will occur, as defined in Chapter 9.25.030 (A.1) or (A.2).

F. Offsite Improvements. "Offsite improvements" or “improvements” means any construction or reconstruction of certain infrastructure within a public right-of-way or easement as set forth in this ordinance.

10.A.a
Packet Pg. 840 Attachment: Proposed Ordinance [Revision 4] (4950 : First Reading to Amend Public Rights-of-Way Code (30 mins))

G. Principal Structure. “Principal Structure” means a building other than one which is used for purposes wholly incidental or accessory to the use of another building or use on the same premises.

H. Right-of-Way. “Right-of-Way” means a strip of land over which a public road and/or corridor are built for vehicular (motorized) and pedestrian/bikeway (non-motorized) transportation as well as parking, utility and buffering uses. A right-of-way may exist through the establishment of an easement of the dedication of land for right-of-way purposes.

I. Substandard Alley defined. A “substandard alley” is an alley less than 20 feet in width.

7.04.800.030 Dedication and Easements.

A. Dedication of Right-of-Way— Applicable project types. Any residential, commercial, industrial, or institutional development, that meets the following development characteristics:

1. New development or redevelopment of a Parcel. The new development or redevelopment of parcel(s) that entails the construction of “Principal Structure(s)” as a “Newly Constructed Building” as defined in Section 7.04.800.020 and;

2. Right-of-way abutment. The development parcel(s) is abutting an existing public rightof-way alley that is less than the standard right-of-way width set forth in this ordinance or the parcel(s) is abutting existing public rights-of-way fronting the development that is less than the standard right-of-way widths set forth in the width standards specified on file and published with the City Engineer’s Office and website.

B. Dedication Standard. Private parcels shall be required to dedicate right-of-way in such a manner as to create an easement for street and public utilities purposes and all other uses appurtenant thereto, in, over, under, along, and across the portion of that lot based upon the width standards specified on file and published with the City Engineer’s Office and website. The right10.A.a Packet Pg. 841 Attachment: Proposed Ordinance [Revision 4] (4950 : First Reading to Amend Public Rights-of-Way Code (30 mins))

of-way easement area shall be dedicated and improved prior to the issuance of a building permit and certificate of occupancy, respectively, for such proposed new construction.

C. Width. Standard City Street right-of-way widths establishes the various classifications for City public rights-of-way. The standard widths for each City Street are on file and published with the City Engineer’s Office and website. Existing or new alleys are required to be a standard of 20 feet in width. Substandard alley locations are also on file with the City Engineer’s Office and website. The right-of-way dedication on an individual lot shall be one-half (½) of the required standard width, measured from the centerline of the street or alley.

1. Greater Widths. Greater widths may be required as determined by the City Engineer to accommodate needed vehicular and pedestrian paths of travel as a result of such proposed new construction if the City Engineer determines that a dedication or improvement greater than what is required by the standard widths for each City street bears an essential nexus and rough proportionality to a project impact. Additional dedication and improvements may also be imposed to ensure compliance with the Americans with Disabilities Act (ADA).

2. Reduced Widths. The required standard width may be reduced at specific locations on specific streets due to unusual conditions, as authorized by the City Engineer or his or her designee.

D. Effect on Development Standards. Except as expressly provided herein, all required development standards shall adhere to the following requirements:

1. Project density, lot area, buildable area, parcel coverage, or floor area ratio. Shall apply to the Parcel Area per Section 9.52.020.1590, provided, however, that any required street or alley right-of-way dedications pursuant to this Chapter shall not count as excluded street or alley rights-of-way per Section 9.52.020.1590.

10.A.a
Packet Pg. 842 Attachment: Proposed Ordinance [Revision 4] (4950 : First Reading to Amend Public Rights-of-Way Code (30 mins))

2. Building setback requirements in relation to right-of-way dedications. Shall adhere to Section 9.04.130 for determining yard setback requirements and shall adhere to specified Development Standards for setbacks in each particular zoning district per Chapter 9.07 thru 9.20. Pursuant to Section 9.04.130, setbacks required to be measured from parcel lines and not from the centerline of the street or alley must be measured from the right-of-way dedication required by this Chapter.

3. Required yards, parking area, loading space, and building locations for new structures or additions to buildings or structures. Shall be measured and calculated from the new lot lines being created by said dedication.

4. All other provisions. Area of such land shall be considered as that which existed immediately prior to such street dedication.

E. Nonconformities. Nothing herein shall modify an owner’s non-conforming rights under Chapter 9.27.

F. Dedication Instrument. Dedications shall be memorialized by an easement agreement in a form approved by the City Attorney and recorded by the City with the Office of the Los Angeles County Recorder.

G. Timing of Dedication. As required by this Section, the recordation of the dedication with the Office of the Los Angeles County Recorder shall occur prior to issuance of a building permit.

H. Revocable Dedication / Easement. In the event that an applicable building permit is deemed expired per Section 8.08.070(c) by the Building Official, and an easement dedication has been recorded at the Office of the Los Angeles County Recorder in accordance with this Section, the easement dedication shall be deemed null and void. Any application for new development or redevelopment after building permit expiration shall require the execution and recording of a new revocable easement agreement prior to issuance of a new building permit.

10.A.a
Packet Pg. 843 Attachment: Proposed Ordinance [Revision 4] (4950 : First Reading to Amend Public Rights-of-Way Code (30 mins))

07.04.800.040 Off-Site Improvements.

A. Applicability. Prior to the issuance of occupancy permits for any new or redeveloped residential, commercial, industrial, or institutional developments, the development shall provide the following off-site improvements (“improvements”) as deemed necessary and applicable by the City Engineer. All property owners shall make all required improvements and repairs to abutting public rights-of-way. The improvements and repairs shall extend along the width and/or depth of the property and for a reasonable distance beyond the property as is necessary to complete the improvement or repair. Existing improvements that are damaged and that may have been damaged during construction of the building shall also be repaired.

B. Required Improvements—All applicable project types. All applicable projects shall be required to provide some or all of the following right-of-way improvements as are deemed necessary and applicable by the City Engineer:

1. Sidewalk and Parkway. Construction or repair of a sidewalk and parkway adjoining the site. The sidewalks shall be parallel to the curb and travel lanes on the street. The sidewalk shall have a minimum clear width as shown on file and published with the City Engineer’s Office; however, the sidewalk shall be four (4) feet wide at a minimum. Partial relief from this requirement may only be granted by the City Engineer or his or her designee. Curb ramps shall also be reconstructed or repaired if non-compliant.

Additionally, as a minimum requirement, any parkway disturbed due to project improvements must be removed and replaced to match existing. Any new parkway landscaping required per project scope must be implemented per the Parkway Landscape Design, Installation and Maintenance section below.

2. Curb and Gutter. Construction or repair of curbs and gutters adjoining the site. All unused driveway curb cuts shall be replaced with a full-height curb and gutter per Chapter 7.24.

10.A.a
Packet Pg. 844 Attachment: Proposed Ordinance [Revision 4] (4950 : First Reading to Amend Public Rights-of-Way Code (30 mins))

3. Street Trees. As required by Chapter 7.40.

C. Required Improvements - All applicable projects abutting alley. In addition to the improvements required above, projects that abut an alley right-of-way may require implementation of the following alley improvements as deemed necessary and applicable by the City Engineer.

1. Alley Paving. Construction, replacement, repair, or extension of alley paving up to standard alley right-of-way width. The alley shall be paved the length of the site. If vehicle access is taken from the alley, the City Engineer may also require that the alley be paved to a point where the alley intersects a paved public right-of-way, which may also include alley approach improvements. Curb returns and adjacent curb ramps shall be relocated and/or improved as necessary to accommodate alley access and circulation.

2. Alley Lighting. Construct or install on-site alley lighting as deemed necessary and applicable by the City Engineer.

D. Required Improvements—Major Projects. In addition to the improvements required in Subsections B and C above, Major Projects shall provide the additional improvements required by this Section as are deemed necessary and applicable by the City Engineer.

1. Roadway Paving. Construction, replacement, repair, or extension of roadway paving to standard street width as shown on file and published with the City Engineer’s Office.

Improvements also include construction, replacement and repair of all roadway markings affected by the roadway paving.

2. Traffic Signals and Street Signs. Provide the Construction, replacement, repairs or modifications to traffic signals and street signs attributable to the development.

3. Streetlights. Install, remove, and replace, upgrade or relocate streetlights per established City design guidelines. This may include widening the right-of-way as necessary.

10.A.a
Packet Pg. 845 Attachment: Proposed Ordinance [Revision 4] (4950 : First Reading to Amend Public Rights-of-Way Code (30 mins))

4. Utility Improvements and Relocation. Install, upgrade, or relocate public and/or private utilities and facilities as necessary and as applicable to the project.

5. Bicycle Trail/Lane/Route. Construction of bicycle accessway as required by the "Bike Route System" and as specified in the Bike Action Plan adopted by the City Council.

E. Parkway Landscape Design, Installation and Maintenance. Parkways are located within the public right-of-way confined by the area between the outside edge of the sidewalk and inside edge of curb. Parkway design, installation and maintenance of landscaping shall be in accordance with Chapter 3.5 of the Urban Forest Master Plan and other applicable code standards.

F. Standards. All improvements within public rights-of-way shall be designed, installed, permitted, and inspected in conformance with the specifications and guidelines on file with the office of the City Engineer.

1. Engineer of Record. The owner or developer shall assure the City that an engineer, registered in California, will be employed to provide required engineering services for offsite improvements, unless waived by the City Engineer. The responsibilities of the engineer shall include, but not be limited to the following:
a. Preparation of required engineering design reports and plans for offsite improvements.
b. Certify accuracy of vertical and horizontal alignments and dimensioned in accordance with available survey and field data.
c. Delivery of reproducible “as-built” plans for offsite improvements along with an electronic copy for City records.

10.A.a
Packet Pg. 846 Attachment: Proposed Ordinance [Revision 4] (4950 : First Reading to Amend Public Rights-of-Way Code (30 mins))

2. Permit for work in right-of-way. A permit, approved by the City Engineer or his or her designee, shall be required prior to any construction as required by this code within public rights-of-way. Such permit shall be issued subject to the following requirements:
a. Review and acceptance of engineering design reports and plans for offsite improvements unless plan requirements have been waived by the City Engineer. b. Payment of review and inspection fees for all offsite improvements located within the public right-of-way, in accordance with a fee schedule to be adopted by the City Council.
c. Construction and scheduling for the offsite improvements shall be the responsibility of the developer or owner and the Engineer of Record. All construction shall conform to City standards.

3. Acceptance of offsite improvements. Reproducible "as built" plans and the Engineer of Record certificate shall be accepted by the City Engineer prior to the Final inspection of offsite improvements and prior to their acceptance. Acceptance of offsite improvements will be executed by the City Engineer or his or her designee when the requirements of these regulations have been fulfilled and ownership of the facilities is offered to the City.

Table-1
Summary of Dedication and Off-Site Improvement Requirements for All Development Projects
Right-of-Way Dedication Off-Site Improvements
Project type
Dedication
(alleys)
Dedication
(streets and
highways)
Sidewalk,
Parkways,
Curb and
Gutter,
Street
Trees
Alley Paving,
Alley Lighting
(as required),
Utilities
Relocation
Roadway
Paving, Traffic
Signals, and
Street Signs,
Street Lights,
and Utilities
Relocation
Major Projects X X X X X
All other projects X X (as needed)

10.A.a
Packet Pg. 847 Attachment: Proposed Ordinance [Revision 4] (4950 : First Reading to Amend Public Rights-of-Way Code (30 mins))

7.04.800.050 Relief from Standard Requirements.

Full or partial relief from the standard requirements prescribed by this Chapter may be granted by the City Engineer or his or her designee, provided that the only finding required to grant relief is that the dedication and/or improvement is not necessary for a public purpose generated at least in part by the development, the dedication and/or improvement is physically impractical, is in conflict with state or federal laws, or that the cost of the dedication and/or improvement is proportionally excessive when compared to the impacts caused by the project.

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

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

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

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

10.A.a
Packet Pg. 848 Attachment: Proposed Ordinance [Revision 4] (4950 : First Reading to Amend Public Rights-of-Way Code (30 mins))

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10.A.b
Packet Pg. 855 Attachment: Existing Ordinance 3_14_78 Ordinance (CCS No. 1085) (4950 : First Reading to Amend Public Rights-of-Way Code (30 mins)) City Council
Report
City Council Meeting: October 10, 2023
Agenda Item: 10.B
1 of 5
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Architecture Services Subject: Introduction and First Reading of Ordinance Amending Santa Monica Municipal Code Section 2.24.110 and 2.24.220(g)(Master Services Agreements)
Recommended Action
Staff recommends that the City Council:

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

2. Introduce for first reading a proposed ordinance amending Santa Monica Municipal Code Sections 2.24.110 and 2.24.220(g) related to Master Services Agreements.

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2 of 5
Summary
The City of Santa Monica’s adopted Master Services Agreement (MSA) solicitation process has aided staff in expediting the work of roughly $16.1 million of small to medium sized CIP projects since inception in September of 2018. Through its use, staff has identified further improvements which can be realized through changes to sections

2.24.110 and 2.24.220(g) of the Santa Monica Municipal Code (SMMC). The first recommended change is to allow the Director of Public Works to delegate the authority to issue task orders to a designee. This change would allow Public Works to accelerate the commencement of small, relatively simple public works projects. The second recommendation would address ongoing construction cost escalation by having the task order and MSA thresholds, previously established in 2018, adjust automatically every year to the current California Construction Cost Index (CCCI). Finally, staff recommends transitioning the agreements from being referred to as Master Services Agreements to As-Needed Services Agreements (ASA).

Discussion
At its meeting on September 11, 2018, the City Council introduced for first reading an ordinance modifying Section 2.24.220 of the Santa Monica Municipal Code to authorize as-needed Master Services agreements for Public Works projects. The second reading followed on October 9, 2018, and City Council adopted the modified ordinance.

MSAs are an alternate contracting/procurement approach developed in coordination with the Finance Department, the City Attorney’s Office, and the Public Works Department which allows the Public Works Department to expedite the procurement and completion of projects. The first step of this process is to solicit and pre-qualify contractors to provide general construction services on various public works projects for categories such as, but not limited to: interior remodels/tenant improvements, exterior building renovations, parks/playgrounds/site work, general engineering, and pier work.

From this pre-qualified list, approved by the City Council, zero-dollar MSAs are entered into with the best qualified contractors for on-call services. Once agreements are executed, and as projects arise, staff solicits bids from at least three MSA contractors.

Once the best bidder has been identified, the Director of Public Works may issue a task

10.B
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order in accordance with the terms and conditions of the MSA. Individual task orders shall not exceed $1,000,000 and the cumulative amount of task orders under each MSA shall not exceed $5,000,000. Contractors are not guaranteed work, and all funding is contingent on approval by Council within each fiscal year’s adopted budget. The process ensures competitive pricing by qualified contractors, while at the same time substantially reducing procurement time on individual projects because a MSA is already executed.

Although the process has worked well to expedite the commencement of work, staff has identified areas where the process could be improved. The first area identified by staff relates to the Director of Public Work’s ability to delegate task order approvals.

Currently, all task orders must be authorized by the Director prior to being executed.

Authorizing the Director of Public Works to delegate this authority would allow Public Works to be more efficient in its approval of lower cost projects. Such task orders would include small, relatively simple projects, such as painting a facility, the placement of slurry, or the reconfiguring of a small interior space. If this proposed ordinance amendment is approved, the Public Works Department, with consultation from Finance, would update the current Procurement Administrative Instruction to establish the conditions for delegating authority. This change would further streamline the process and allow the Director of Public Works to focus on the review and approval of more complicated and higher dollar value projects.

The second proposed process improvement would allow the thresholds of the Master Service Agreement and Task Order to increase every five years, or at time of council approval of new MSAs, according to changes in the CCCI. The CCCI is developed based upon the Building Cost Index average for San Francisco and Los Angeles and would be obtained by staff through California’s Department of General Services’ publications of the CCCI. This change would allow the MSA process to continue to be utilized for small to medium projects with thresholds that are aligned with construction price increases and eliminate the need for periodic future municipal code changes. To provide some context, the average of awarded MSA task orders in 2019 was $250,500.

When accounting for inflation, through the use of the referenced CCCI, a project of this

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size today would cost roughly $342,985. Although the number of MSA projects awarded each year has roughly stayed the same, with the exception of FY 2020-21, over time escalation in construction will diminish the amount of projects which can utilize the MSA process. To maintain the effectiveness of the MSA process, staff recommends allowing for the current MSA and task order thresholds to adjust accordingly to the CCCI every year.

The final change that staff recommends is transitioning these agreements from being referred to as Master Services Agreements to being known as As-Needed Services Agreements. The purpose of this process has always been to not only obtain talented and experienced contractors for the best price, but to do so in a manner which is equitable and inclusive. Staff believes that eliminating “Master” from the current name would eliminate any potential negative connotations and allow the process to be seen as the effective procurement method that it is.

Past Council Actions
Meeting Date Description
09/11/18 (Attachment B) Ordinance Amending SMMC 2.24.071 (PW Contracts) Authorizing Master Services Agreements
10/09/18 (Attachment C) Second Reading Ordinance Authorizing As-Needed Services Agreements for PW Projects
Environmental Review
The ordinance amendments are exempt from CEQA pursuant to Section 15061(b)(3) (common sense exemption) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The amendments will modify the administration of the MSA process (e.g., creating delegating authority and allowing increase of thresholds every five years). Therefore, it can be seen with certainty that these administrative amendments would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.

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Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of recommended action. Staff will return to Council if specific budget actions are required in the future.

Prepared By: Phillip Ticun, CIP Project Manager
Approved Forwarded to Council
Attachments:

A. Ordinance Amending SMMC 2.24.071 (PW Contracts) Authorizing Master Services Agreements - Staff Report
B. Second Reading Ordinance Authorizing As-Needed Services Agreements for PW Projects - Staff Report
C. MSA Amendment Ordinance

10.B
Packet Pg. 860
City Council
Report
City Council Meeting: September 11, 2018
Agenda Item: 7.B
1 of 6
To: Mayor and City Council
From: Susan Cline, Director, Public Works, Architecture Services Subject: Introduction and first reading of Ordinance amending Santa Monica Municipal Code Section 2.24.071 to update Public Works Contracts requirements; Award of Bid #SP2524 to eight general contractors to provide as-needed general construction services; and Authorization for the City Manager to execute a master on-call task order services agreement with each prequalified contractor, once the ordinance becomes effective Recommended Action
Staff recommends that the City Council:

1. Introduce for first reading the attached ordinance amending Santa Monica Municipal Code Section 2.24.071 (Public Works Contracts) authorizing the use of City Council approved Master As-needed Services agreements.

2. Award Bid #SP2524 to eight California-based general contractors to provide asneeded general construction services on various Public Works projects including Airport, Facilities, Engineering, and Architecture work.

3. Authorize the City Manager to negotiate and execute an As-needed Master Services agreement with eight general contractors for a total amount not to exceed $5,000,000 over a five-year period for each agreement, subject to Council approval of the biennial operating budget and the biennial capital improvement program budget which would allow appropriation of funds for any task order issued under each as-needed master services agreement, once the ordinance becomes effective.

Executive Summary
Achieving top quality and best price are the long-standing goals of public construction contracting in Santa Monica. The Santa Monica Municipal Code (SMMC) Section

2.24.071 (Public Works Contracts) stipulates that every contract involving an expenditure of more than $175,000 for public works projects must be competitively bid and presented to the City Council for approval of the contract award prior to project commencement. Unfortunately due to required legal steps involved in that process, a bid award process takes 20 to 27 weeks depending on the complexity of the project. In addition to extending the project completion timeline, the lengthy process burdens

10.B.a
Packet Pg. 861 Attachment: Ordinance Amending SMMC 2.24.071 (PW Contracts) Authorizing Master Services Agreements - Staff Report (5881 : 1st Reading 2 of 6
staffing resources with paperwork and process without directly contributing to the goals of quality and economy. To streamline the costly and inefficient process for smaller projects, staff recommends an ordinance amending SMMC Section 2.24.071 to add an alternate contracting method to deliver public works projects up to $1,000,000 to allow the execution of eight As-Needed Master Services agreements (MSAs).

Background
On June 12, 2018, Council adopted the first year and approved the second year of the Capital Improvement Program (CIP) FY 2018-20 Biennial Budget. The adopted CIP Budget incorporated Santa Monica’s Framework for a Sustainable City of Wellbeing.

These projects will advance goals in five of the seven outcome areas, and address Council’s strategic goals, particularly the Mobility strategic goal. In order to expeditiously complete these projects while still maintaining a balance between quality and cost, the Public Works Department performed an efficiency assessment to develop recommendations on improving project delivery and ensuring that the expectations of Council and the public are being met. This assessment built upon the Finance Department’s overview of current procurement processes presented to Council in 2016.

Currently, all construction contracts over $175,000 are required to be competitively bid and approved by the City Council. For projects estimated under $1,000,000, commencing construction can take approximately 20-27 weeks from procurement to contract execution for projects with little or no design work (Attachment A). The efficiency assessment identified the use of MSAs as a way to improve efficiency and expedite project delivery.

Discussion
The proposed ordinance would amend SMMC Section 2.24.071 to add an alternate construction contracting/procurement approach which would allow the Public Works Department to utilize MSAs to expedite the commencement of work. The ordinance would authorize the City Manager, subject to certain conditions specified in the ordinance, to enter into an MSA, and would authorize the Public Works Director, or her designees, to issue task orders in amounts up to $1,000,000 for construction under

10.B.a
Packet Pg. 862 Attachment: Ordinance Amending SMMC 2.24.071 (PW Contracts) Authorizing Master Services Agreements - Staff Report (5881 : 1st Reading 3 of 6
each MSA. Goals for this new approach include: 1) accelerating the commencement of small, relatively simple public works projects, 2) increasing overall efficiency for the procurement, contracting and project delivery methods used for small projects including emergency work, and 3) accomplishing general construction services in a timelier manner. If the ordinance is approved, the Finance and Public Works departments, and the City Attorney’s Office will draft administrative guidelines to ensure competitive bidding, appropriate environmental review and orderly implementation.

The MSA approach would work as follows:
1) City solicits general contractors through a request for qualifications including a formal competitive bidding and advertisement process.
2) City establishes a list of pre-qualified contractors from which to select its MSA contractors.
3) City presents the recommended MSA contractors to Council for approval to negotiate and execute MSA contracts.
4) Once MSAs are executed, bids from at least three contractors would be solicited for each task order.
5) All task orders would be awarded to the best bidder. 6) All projects under an MSA would have their own task order number for tracking and reporting.
7) The Director of Public Works or his/her designees may issue task orders in accordance with the terms and conditions of the MSA. Individual task orders shall not exceed $1,000,000 and the cumulative amount of task orders under each MSA shall not exceed $5,000,000.
8) All projects utilizing MSAs would be reviewed to ensure (i) appropriate environmental review, (ii) that projects are funded by Council-adopted biennial budgets, and (iii) that contractors adhere to all prevailing wage requirements. 9) Once a task order is completed, the task order amount would be tracked and counted against each contractor’s maximum cumulative MSA amount. 10)Public Works would report back to Council annually by submitting an Information Item every June. The Information Item would include a summary of all projects completed per MSA including vendor names, amounts and task order numbers

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Packet Pg. 863 Attachment: Ordinance Amending SMMC 2.24.071 (PW Contracts) Authorizing Master Services Agreements - Staff Report (5881 : 1st Reading 4 of 6
as well as an evaluation of whether the revised process yielded the efficiencies expected.

Staff believes using MSAs would improve project delivery and benefit the City by shortening project timelines by an estimated 20-27 weeks, decreasing the risk of potential escalation costs, reducing the amount of time staff spends on a project, and facilitating a more accurate overall project schedule. Other municipalities such as the cities of San Francisco, Los Angeles, and Anaheim have already adopted similar forms of as-needed contracting ordinances to improve project delivery.

To expedite vendor selection, in the event that Council approves the recommended ordinance, staff conducted a process to pre-qualify contractors to provide general construction services on various public works projects for five categories of work:
interior remodels/tenant improvements, exterior building renovations, parks/playgrounds/site work, general engineering, and pier work. Should Council approve awarding bids to these MSA contractors, task orders issued pursuant to the agreements entered would not exceed the current $175,000 threshold unless and until the proposed ordinance became effective.

Vendor Selection
RFQ Data
RFQ Posting Date RFQ Posted On RFQ Advertised In
(City Charter & Municipal Code)
# of Firms
Downloaded
# of
Submittals
Received
Date Publicly
Opened
06/07/2018 City's Online
Bidding Site Santa Monica Daily Press 52 10 06/21/2018
Pre-qualified List Vendor Selection Recommendation
John S. Meek
Company, Inc.

Kasa
Construction,
Inc.

Municipal Code SMMC 2.24.072
Judge Netting,
Inc. Ramco
Evaluation
Criteria
Previous experience/technical
competence, answers to a
questionnaire, references, resumes
of relevant staff, and DIR project
experience (labor compliance).

Cushman
Contracting
Corporation
Blois
Construction,
Inc.

10.B.a
Packet Pg. 864 Attachment: Ordinance Amending SMMC 2.24.071 (PW Contracts) Authorizing Master Services Agreements - Staff Report (5881 : 1st Reading 5 of 6
Kemcorp
Construction,
Inc.

GSE
Construction
Company, Inc.

Justification to Short-List
Eight of the 10 statements of qualifications received for general construction services were rated and deemed acceptable and were placed on a pre-qualified list. Attachment B shows the breakdown by vendor on which of the five categories (interior remodels/tenant improvements, exterior building renovations, parks/playgrounds/site work, general engineering, and pier work) each vendor is pre-qualified to perform as-needed work.

These eight pre-qualified vendors were ranked highly and are recommended to enter into a master services agreement. Bids will be solicited from all pre-qualified contractors prior to performing work valued at more than $10,000. Concept Consultants and Graph Company, the ninth and tenth vendors, did not meet the criteria to be placed on the prequalified list due to inaccurate submissions; hence, these vendors are not recommended.

Financial Impacts and Budget Actions
Staff requests authority to award a Master As-needed Services agreement with each of the eight pre-qualified general contractors. All amounts are not to exceed $5,000,000 over a five-year period. Funding for existing projects to be completed under these MSAs was approved by Council in the FY 2018-19 Adopted Budget. Future year funding is contingent on Council budget approval. Expenditures would occur only upon issuance of a task order by the Public Works Director to an MSA vendor, listed below.

Master Services Agreement Request
Vendor
FY 2018-19 through FY 2022-23 Budget
Various Departments/CIP Account #
Total Contract
Amount
John S. Meek Company, Inc. Various $5,000,000
Judge Netting, Inc. Various $5,000,000
Cushman Contracting Corp. Various $5,000,000
Kemcorp Construction, Inc. Various $5,000,000
Kasa Construction, Inc. Various $5,000,000
Ramco Various $5,000,000
Blois Construction, Inc. Various $5,000,000
GSE Construction Company, Inc. Various $5,000,000
Total $40,000,000

10.B.a
Packet Pg. 865 Attachment: Ordinance Amending SMMC 2.24.071 (PW Contracts) Authorizing Master Services Agreements - Staff Report (5881 : 1st Reading 6 of 6
Prepared By: Phillip Ticun, CIP Project Manager
Approved Forwarded to Council
Attachments:

A. Procurement Timeline
B. SP2524 - General Contractor Services Pre-Qualification List C. John S Meek Oaks Form
D. Judge Netting Oaks Form
E. Cushman's Contracting Oaks Form
F. Kemcorp Oaks Form
G. KASA Oaks Form
H. RAMCO Oaks Form
I. GSE Construction Oaks Form
J. Blois Construction Oaks Form
K. Ordinance - Public Works - Contracting - 09112018

10.B.a
Packet Pg. 866 Attachment: Ordinance Amending SMMC 2.24.071 (PW Contracts) Authorizing Master Services Agreements - Staff Report (5881 : 1st Reading City Council
Report
City Council Meeting: October 9, 2018
Agenda Item: 7.A
1 of 1
To: Mayor and City Council
From: Lane Dilg, City Attorney, City Attorney’s Office
Subject: Second Reading and Adoption of Ordinance Modifying Section 2.24.071 of the Santa Monica Municipal Code to Authorize As-Needed Services Agreements for Public Works Projects
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.

Executive Summary
At its meeting on September 11, 2018, the City Council introduced for first reading an ordinance modifying Section 2.24.071 of the Santa Monica Municipal Code to authorize as-needed services agreements for Public Works projects.

The ordinance is now presented to City Council for adoption.

Prepared By: Elsa Kapsinow, Executive Assistant to the City Attorney Approved Forwarded to Council
Attachments:

A. Ordinance - Public Works - Contracting - Second Reading - 10092018

10.B.b
Packet Pg. 867 Attachment: Second Reading Ordinance Authorizing As-Needed Services Agreements for PW Projects - Staff Report (5881 : 1st Reading 1 City Council Meeting: September 26, 2023 Santa Monica, California ORDINANCE NUMBER_______ (CCS)
(City Council Series)

AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 2.24.110 AND 2.24.220(G) TO

DELEGATE AUTHORITY AND ADJUST AS-NEEDED SERVICES AGREEMENT

THRESHOLDS BASED ON CHANGES TO THE CALIFORNIA CONSTRUCTION INDEX
WHEREAS, In September 2018, Council adopted the Master Services Agreement (“MSA”) solicitation process, has aided staff in expediting the work of roughly $16.1 million of small to medium sized CIP projects; and
WHEREAS, through use of the MSAs, City staff has identified proposed procedural changes to the MSA ordinance that would provide the Director of Public Works delegation authority, which would accelerate the commencement of small, relatively simple public works projects; and
WHEREAS, the proposed procedural changes also seek to address construction cost escalation by adjusting MSA thresholds automatically every five years to the current California Construction Cost Index; and
WHEREAS, City also seeks to adjust the title to reflect updated terminology and references.

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

SECTION 1. Santa Monica Municipal Code Section 2.24.110 is hereby amended as follows:

2.24.110 Director of Public Works authority.

10.B.c
Packet Pg. 868 Attachment: MSA Amendment Ordinance (5881 : 1st Reading Ordinance to update MSA Agreements (07 mins)) 2 The Director of Public Works, or designee, is authorized to issue task orders for Master Services Agreements in accordance with Section 2.24.220(g).

SECTION 2. Santa Monica Municipal Code Section 2.24.220(g) is hereby amended as follows:

2.24.220 Formal procedures.

Formal solicitations shall be subject to the following procedures:
(a) The Purchasing Agent shall issue a formal notice inviting bids or request for proposals and shall solicit bids and proposals by:
(1) Advertising in a newspaper of general circulation in the City of Santa Monica on at least two occasions, the first of which shall be at least ten days before the time for opening received bids; and
(2) Posting on the City’s online vendor portal website.

The Purchasing Agent may require additional notice as the Purchasing Agent determines to be in the best interest of the City.
(b) At the time specified in the notice inviting bids or request for proposals, all bids or proposals timely received shall be opened and declared publicly, either in person or through the City’s online vendor portal website.
(c) The Purchasing Agent shall compile and tabulate all bids or proposals timely received and refer them to the appropriate City Department for evaluation. For public works contracts or purchases of goods or contractual services, the City Department shall make a recommendation of best bidder by applying the criteria set forth in Section

2.24.180. For purchases of professional services, the City Department shall make a

10.B.c
Packet Pg. 869 Attachment: MSA Amendment Ordinance (5881 : 1st Reading Ordinance to update MSA Agreements (07 mins)) 3 recommendation of best qualified person or firm by applying the criteria set forth in Section 2.24.190.
(d) The Purchasing Agent shall provide notice of the recommended award to all bidders or proposers through the City’s online vendor portal website or by other means as determined by the Purchasing Agent.
(e) The City Manager shall present the recommendation to City Council for award after the time to file a protest has expired or after a final determination on a protest has been made in accordance with Section 2.24.260.
(f) The City Council may reject any and all bids or proposals received whenever, in the opinion of the City Council:
(1) The bid(s) or proposal(s) received do not comply with the specifications of the notice inviting bids or request for proposals;
(2) The proposed project or purchase should be abandoned or delayed; (3) The materials or services may be purchased more reasonably on the open market or the work done less expensively by City personnel; (4) The bids or proposals are higher than anticipated and a new solicitation would result in savings to the City; or
(5) The best interests of the City would be served by a rejection of any or all bids or proposals.
(g) Master Services As-Needed Services Agreements for Public Works Projects.

Notwithstanding any other provision in this Chapter, the City may, in its discretion and when deemed to be in the best interest of the City, obtain construction, maintenance,

10.B.c
Packet Pg. 870 Attachment: MSA Amendment Ordinance (5881 : 1st Reading Ordinance to update MSA Agreements (07 mins)) 4 or repair services pursuant to as-needed services agreements in accordance with the following terms and procedures:
(1) The City shall solicit, review and evaluate the qualifications of prospective contractors for as-needed services agreements in accordance with rules and regulations established by the Director of Public Works;
(2) The Director of Public Works shall pre-qualify contractors for as-needed service agreements;
(3) The City Council may award as-needed services agreements to prequalified contractors, in amounts not to exceed five million dollars and with terms of no more than five years;
(4) When the need arises for the performance of specific tasks within the scope of as-needed service agreements, the Director of Public Works shall seek bids from at least three prequalified contractors and, using the evaluation criteria set forth under Section 2.24.180, issue a task order to the best bidder in an amount not to exceed one million dollars for a specifically defined scope of work; (5) The thresholds for as-needed services agreements and task orders listed in subsections (3) and (4) shall be subject to increase annually based on changes to the construction cost index. “Construction cost index” means the construction cost index published by the California Department of General Services. When calculating the increases, City shall use the current construction cost index, as well as a construction cost base index. The construction cost base index shall be the construction cost index in effect for July 2018. The increased thresholds shall be approved by Council at award of the as-needed services agreement.

10.B.c
Packet Pg. 871 Attachment: MSA Amendment Ordinance (5881 : 1st Reading Ordinance to update MSA Agreements (07 mins)) 5 (6) If the Director of Public Works seeks but is unable to obtain three bids, the Director may issue a task order to the best bidder of the bids submitted; (67) The Director of Public Works may reject any and all bids received in accordance with the standards set forth in subsection (f), above; (78) Prequalified contractors performing task orders under as-needed services agreements shall file payment and performance bonds in conjunction with each task order awarded as required by the Director or applicable law; and (89) The Director of Public Works shall submit a report to the City Council on an annual basis containing information about the implementation of this subsection, including a listing of task orders issued pursuant to this subsection.

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. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official

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Packet Pg. 872 Attachment: MSA Amendment Ordinance (5881 : 1st Reading Ordinance to update MSA Agreements (07 mins)) 6 newspaper within 15 days after its adoption. This Ordinance shall become effective thirty days after adoption.

APPROVED AS TO FORM:
________________________
Doug Sloan, City Attorney

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Packet Pg. 873 Attachment: MSA Amendment Ordinance (5881 : 1st Reading Ordinance to update MSA Agreements (07 mins)) City Council
Report
City Council Meeting: October 10, 2023
Agenda Item: 10.C
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and First Reading of an Interim Zoning Ordinance Amending the Text of the Zoning Ordinance to: (1) Replace the Term “Medical Marijuana Dispensary” with “Medicinal Cannabis Retailer”; (2) Remove Certain Requirements for Medicinal Cannabis Retailers for Consistency with State Law; and (3) Permit Medicinal Cannabis Retailers To Deliver, Cultivate, and Sell Adult-Use Cannabis or Adult-Use Cannabis Products to Persons 21 Years of Age and Over
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Introduce for first reading an Interim Zoning Ordinance amending the text of the Zoning Ordinance to replace the term “Medical Marijuana Dispensary” with “Medicinal Cannabis Retailer”, to remove certain requirements for Medicinal Cannabis Retailers for consistency with State law, and to permit Medicinal Cannabis Retailers to deliver, cultivate, and sell adult-use cannabis or adult-use cannabis products to persons 21 Years of Age and Over.

3. Introduce for first reading an Ordinance amending Section 6.203.010 of the Santa Monica Municipal Code to allow medicinal cannabis retailers with medicinal cannabis permits issued before October 10, 2023, to deliver, cultivate, and sell adult-use cannabis and adult-use cannabis products to persons 21 years of age and over, subject to Santa Monica Municipal Code Section 9.31.185.

Summary
On June 13, 2023, the City Council received a presentation on key policy considerations for allowing adult-use cannabis businesses and other non-retail cannabis business types within the City of Santa Monica. The City Council also discussed options for

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allowing adult-use cannabis sales and associated regulatory restrictions and provided the following direction to staff:
• Return to Council with an Ordinance allowing for adult-use cannabis retail business and non-retail business types within the City. • Conduct an equity study and create a cannabis social equity program to help ensure that the communities most impacted by federal and state cannabis enforcement policies are provided an opportunity to benefit from the cannabis industry.
• Begin by initially returning to Council with an Ordinance permitting the two previously approved Medicinal Cannabis Retailers to sell adult-use cannabis.

Accordingly, the proposed Interim Zoning Ordinance would permit the two Medicinal Cannabis Retailers in the City with active Conditional Use Permits to sell adult-use cannabis or adult-use cannabis products to persons of 21 years of age or over. The Interim Zoning Ordinance would also replace the term “Medical Marijuana Dispensary” with “Medicinal Cannabis Retailer” and remove certain requirements for Medicinal Cannabis Retailers for consistency with State law. The proposed Ordinance amends Section 6.203.010 of the Santa Monica Municipal Code to allow medicinal cannabis retailers with active Conditional Use Permits issued before October 10, 2023, to engage in retail cannabis sales subject to Santa Monica Municipal Code Section 9.31.185.

Background
The City of Santa Monica first adopted regulations for medical marijuana (medicinal cannabis) in June of 2015 as a part of the City’s comprehensive Zoning Ordinance update (Article 9 of the Santa Monica Municipal Code) which enabled up to two medicinal cannabis retailers within the City subject to a regulatory permit and selection process. All other cannabis-related uses were prohibited. The dispensaries were allowed only along limited sections of Wilshire Boulevard and Santa Monica Boulevard within the Mixed-Use Boulevard Low (MUBL), Mixed-Use Boulevard (MUB) or General Commercial (GC) zones subject to a Conditional Use Permit.

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On October 24, 2017, the City Council adopted an Interim Zoning Ordinance (IZO) adding Section 6.200 to the Santa Monica Municipal Code, which established general regulations and definitions for commercial cannabis activities, including a regulatory permit process for medicinal cannabis retailers and light (non-volatile) manufacturing.

The IZO also made other changes as needed including replacing the term “Medical Marijuana Dispensary” with “Medicinal Cannabis Retailer” and removing certain requirements for Medicinal Cannabis Retailers in SMMC Section 9.31.185 for consistency with State law. The ordinance prohibited all adult-use commercial cannabis activities including retail, cultivation, testing, distribution, and manufacturing. The IZO has subsequently expired. After a prolonged selection process, two medicinal cannabis retailers were selected. One of the retailers began operations recently at 925 Wilshire Boulevard. The second retailer located at 1416 Wilshire Boulevard is still in the permitting process.

California’s cannabis regulations allow that cannabis can be sold commercially for either medicinal or recreational adult-use purposes. Medicinal cannabis is available only to persons 18 years or older who have a valid recommendation from a physician.

Medicinal cannabis patients also have the option of obtaining a State-issued Medical Cannabis Identification Card (MMIC), but this is not required. Both the physician’s recommendation and the identification card are required to be renewed every year. Only 3,199 such cards were issued in all of California in 2022. Adult-use cannabis can be sold to anyone age 21 years or older without a physician’s recommendation.

The State of California’s Department of Cannabis Control (DCC) may issue licenses for either medicinal (M) or adult-use (A), or for both medicinal and adult-use (M/A). Initially, California’s cannabis program required that all cannabis and cannabis products had to be designated for either the medicinal or adult-use market through all stages of the supply chain, but later revisions changed this so that product grown or manufactured for either market can be shifted to the other up until the point of sale. This makes the medicinal or adult-use designation largely meaningless for wholesale cannabis businesses as it does not predetermine how the product will eventually be sold.

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Of over 11,000 DCC business licenses in California, 1,360 are for medicinal cannabis only (12%). The rest are for either adult-use or for both medicinal and adult-use. Among the state’s 1,891 retailers (including retailing microbusinesses), only 31 are licensed for just medicinal cannabis sales.

Medicinal cannabis is estimated to make up only around 9% of cannabis retail sales in California. The primary advantage for consumers to purchase cannabis through the medicinal market is an exemption from regular sales tax only for those qualifying patients who present a Medical Marijuana Identification Card at the time of purchase (a savings of 7.25% to 10.25%, depending on the jurisdiction). The small number of patients with valid MMIC cards makes their impact on tax revenues statistically insignificant.

Expanding adult-use cannabis retail in the City can also help with economic recovery efforts. As a result of the COVID-19 Declaration of Emergency, the City of Santa Monica, County of Los Angeles, and State of California maintained public health measures that included, at differing times, strict limitations on public gatherings, required closures of certain businesses, and strict limitations and protocols for the operations of businesses permitted to remain open. The local, state, and federal emergency declarations have since concluded, but the economic impacts of the COVID19 closures of, and limitations on, businesses and resulting behavior changes continue to affect the local Santa Monica economy. As the commercial and economic landscape evolves, the City’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of unique dining, retail, commercial, and entertainment uses and other revenue streams. The City has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses.

Accordingly, on July 26, 2022, the City Council voted to place a cannabis business license tax measure (Measure HMP) on the November 2022 ballot, imposing a tax on all commercial cannabis activities at initial rates of 3% of gross receipts for adult-use cannabis retailers, 2% for medicinal cannabis retailers, and 1% on other cannabis

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business types. Measure HMP was approved by over 66% of voters in November 2022.

The voter-approved rates are included in Santa Monica Municipal Code (SMMC) Chapter 6.204.

At its June 13, 2023, study session, City Council considered various policy considerations for allowing adult-use cannabis businesses and other non-retail cannabis business types within the City and directed staff to return to Council with an Ordinance permitting the two previously approved Medicinal Cannabis Retailers to sell adult-use cannabis.

Past Council Actions
Meeting Date Description
10/24/17 (attachment A) Adoption of Interim Ordinance Replacing the Term "Medical Marijuana Dispensary" with "Medicinal Cannabis Retailer" Throughout the City's Zoning Ordinance, Chapter 9.01 Through Chapter 9.52 of Article 9 of the Santa Monica Municipal Code; Creating a Definition for "Medicinal Cannabis Retailer" to Replace the Definition for "Medical Marijuana Dispensary" to Conform With State Law; Removing Certain Requirements for Medicinal Cannabis Retailers for Consistency with State Law and to Allow for Separate Regulation and Rulemaking; and Modifying the Definition of "Industry, Limited" to Allow for Medicinal Cannabis Light Manufacturing
02/25/20 (attachment B) Adoption of Interim Zoning Ordinance Extending Interim Zoning Ordinances Number 2557 (CCS) and 2566 (CCS), Which
Replaced the Term "Medical Marijuana Dispensary" with
"Medicinal Cannabis Retailer" Throughout the City's Zoning Ordinance, Chapter 9.01 Through Chapter 9.52 of Article 9 of the Santa Monica Municipal Code; Created a Definition for "Medicinal Cannabis Retailer" to Replace the Definition for "Medical Marijuana Dispensary" to Conform with State Law; Removed Certain Requirements for Medicinal Cannabis
Retailers for Consistency with State Law and to Allow for Separate Regulation and Rulemaking; and Modified the
Definition of "Industry, Limited" to Allow for Medicinal Cannabis Light Manufacturing
06/13/23 (attachment C) Adult-Use Cannabis Study Session Discussion
The Zoning Ordinance refers to a Medicinal Cannabis Retailer as a “Medical Marijuana Dispensary” and has the following broad definition:

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Medical Marijuana Dispensary. Any facility, building, structure, or fixed location where one or more qualified patients and/or persons with identification cards and/or primary caregivers cultivate, distribute, sell, dispense, transmit, process, exchange, give away, or otherwise make available marijuana for medical purposes. The terms “primary caregiver,” “qualified patient,” and “person with an identification card” shall be as defined in California Health and Safety Code Section 11362.5 et seq.

This terminology and the definition of Medical Marijuana Dispensary had been changed in the 2017 IZO to be consistent with terminology used in adopted State law and the cannabis industry replacing the use of the word “dispensary” with “retailer”, using the term “cannabis” instead of “marijuana”, and using the term “medicinal” instead of “medical” when referring to permitted business activities. The new definition for Medicinal Cannabis Retailer in the 2017 IZO was changed as follows:

Medicinal Cannabis Retailer. A licensed premises which is a physical location from which retail medicinal cannabis or medicinal cannabis products are intended to be sold for use, pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation.

The premises may be closed to the public; sales may be made exclusively by delivery.

The IZO expired in January 2023 at which time the terminology, definition of Medicinal Cannabis Retailer, and other modified use standards in SMMC Section 9.31.185 reverted back to the outdated language in the Zoning Ordinance which references Medical Marijuana Dispensaries. The proposed IZO would make the same changes to the terminology, definition, and use standards as the prior 2017 IZO to be consistent with State law and the cannabis industry.

In order to allow the two previously permitted Medicinal Cannabis Retailers to sell adultuse cannabis or cannabis products, staff is proposing a further modification to the definition of Medicinal Cannabis Retailer to include the following additional language:
“Subject to the provisions of SMMC Section 9.31.185, Medicinal Cannabis Retailers shall be permitted to deliver, cultivate, or sell adult-use cannabis or adult-use cannabis

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products, as licensed and regulated by Business and Professions Code Section 26000 et seq, and as amended from time to time, to persons 21 years of age and over.” Santa Monica Municipal Code Section 9.31.185 provides a range of specific use standards for Medicinal Cannabis Retailers including a requirement that each of the two Medicinal Cannabis Retailers obtain a Conditional Use Permit which both Medicinal Cannabis Retailers have done. The proposed IZO includes new language in SMMC Section 9.31.185 to permit the delivery, cultivation, and sale of adult-use cannabis or adult-use cannabis products to persons 21 years of age and over only in locations with active Conditional Use Permits for Medicinal Cannabis Retailer uses as of October 10, 2023. The existing Conditional Use Permits would remain in effect, but conditions prohibiting the adult-use of cannabis will not be enforced.

Certain regulations found in SMMC Section 9.31.185 regulating the operations of Medicinal Cannabis Retailers were written prior to the adoption of comprehensive State laws regulating cannabis. The proposed IZO removes sub-sections I, K, and L of Section 9.31.185 that address Staffing and Security, Required Patron Notification, and Prohibited Activities which are either addressed in State law or can be more effectively addressed through the regulatory ordinance and rules.

SMMC Section 6.203.010 currently prohibits commercial nonmedicinal cannabis sales in the City. The proposed ordinance would create an exception to this general prohibition for the two entities that have been issued medicinal cannabis permits pursuant to Chapter 6.201 of the Santa Monica Municipal Code. A medicinal cannabis retailer that chooses to engage in nonmedicinal retail sales must comply with the provisions set forth in SMMC Section 9.31.185.

The sales of adult-use cannabis products or adult-use cannabis products would be subject to the cannabis business tax regulations of SMMC Chapter 6.204. The cannabis business tax imposed upon any retailer of adult-use non-medicinal cannabis or adult-use non-medicinal cannabis products is three (3) percent of the gross receipts derived from the retail sale of adult-use non-medicinal cannabis or adult-use non10.C Packet Pg. 880
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medicinal cannabis products. The tax rate may be adjusted by the City Council but shall not exceed the maximum tax rate of ten percent without voter approval.

Environmental Analysis
The proposed interim ordinance is categorically exempt from the provisions of California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exemption). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed interim ordinance may have a significant effect on the environment. The change in terminology from “Medical Marijuana Dispensary” to “Medicinal Cannabis Retailer” and the additional revisions to the requirements for Medicinal Cannabis Retailers within the City are consistent with recent changes to State law. The sale of adult-use cannabis or adult-use cannabis products at Medicinal Cannabis Retailers with active Conditional Use Permits are consistent with existing land uses and will not change the approved commercial land use for these locations. (See e.g., Lucas v. City of Pomona (2023) 92 Cal.App.5th 508 (holding that substantial evidence supported city’s determination that proposed commercial cannabis activities were exempt from CEQA as consistent with existing retail land uses and density covered by previous EIR). Therefore, no further environmental review under CEQA is required.

Financial Impacts and Budget Actions
There is no budget action necessary as a result of the recommended action. Staff has not included tax revenue projections associated with adult-use cannabis sales in the FY 2023-24 budget; however, the potential revenue anticipated from the currently authorized businesses is nominal. Future year revenues based on the upcoming ordinance will be included in future year budgets.

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Prepared By: Tony Kim, Principal Planner
Approved Forwarded to Council
Attachments:

A. October 24, 2017 Council Meeting Cannabis Interim Zoning Ordinance (Web Link)
B. February 25, 2020 Council Meeting Cannabis Interim Zoning Ordinance Extension (Web Link)
C. June 13, 2023 Council Meeting Adult-Use Cannabis Study Session D. Ordinance Amending Section 6.203.010 09.27.23 (001) (clean) E. Interim Zoning Ordinance to Allow Adult-Use Cannabis F. Written Comments

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1 City Council Meeting: October 10, 2023 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 6.203.010 OF THE SANTA MONICA MUNICIPAL CODE

TO ALLOW MEDICINAL CANNABIS RETAILERS WITH MEDICINAL
CANNABIS PERMITS ISSUED BEFORE OCTOBER 10, 2023 TO DELIVER,

CULTIVATE, AND SELL ADULT-USE CANNABIS OR ADULT-USE CANNABIS PRODUCTS TO PERSONS 21 YEARS OF AGE AND OVER, SUBJECT TO SANTA MONICA MUNICIPAL CODE SECTION 9.31.185
WHEREAS, the State of California has a long history of regulating cannabis uses within the State; and
WHEREAS, in 1996, California voters approved Proposition 215 (codified at Health and Safety Code section 11362.5 and titled the “Compassionate Use Act of 1996”), which provides criminal immunity for patients and primary caregivers for the cultivation and possession of cannabis if a doctor has recommended the cannabis for medical purposes; and
WHEREAS, in 2004, Senate Bill 420 was enacted (codified at Health and Safety Code section 11362.7 et seq. and titled the “Medical Marijuana Program Act”) to clarify the scope of the Compassionate Use Act of 1996; and WHEREAS, the Medical Marijuana Program Act allows cities and other governing bodies to adopt and enforce laws consistent with its provisions; and WHEREAS, in 2015, Assembly Bills 243 and 266 and Senate Bill 643 were enacted (codified at Business and Professions Code section 19300 et seq. and titled the “Medical Marijuana Regulation and Safety Act”) and provided for enhanced statewide marijuana regulations; and

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Packet Pg. 883 Attachment: Ordinance Amending Section 6.203.010 09.27.23 (001) (clean) [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use 2 WHEREAS, In November 2016, voters approved Proposition 64, the Adult Use of Marijuana Act (“AUMA”), which allows adults 21 years of age or older to legally grow, possess, and use cannabis for nonmedicinal purposes, with certain restrictions; and
WHEREAS, beginning on January 1, 2018, AUMA authorizes the sale and distribution of cannabis for nonmedicinal purposes through a licensed business; and
WHEREAS, in 2017, the State legislature enacted Senate Bill 94 which created the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) which establishes a robust set of regulations for the medicinal and adult use cannabis markets, aligns all permit types, and authorizes certain state agencies to establish rules governing cannabis operations and to implement the law; and
WHEREAS, MAUCRSA continues to preserve local control over cannabisrelated uses by: (1) requiring medicinal cannabis businesses to obtain both a state license and a local license or permit, if required, to operate legally in California, (2) terminating the ability of a medicinal cannabis business to operate if its local license or permit is terminated, (3) continuing to authorize local governments to enforce local cannabis-related laws, (4) providing for penalties for unlicensed activities, and (5) expressly protecting local licensing practices, zoning and business regulation laws, and local actions taken under the constitutional police power; and

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Packet Pg. 884 Attachment: Ordinance Amending Section 6.203.010 09.27.23 (001) (clean) [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use 3 WHEREAS, consistent with State actions, the City Council, when adopting its comprehensive update to its Zoning Ordinance in 2015, contemplated authorizing two medicinal cannabis retailers within the City to serve local needs; and
WHEREAS, the City has commenced a prolonged medicinal cannabis retailer selection process and issued two permits for the operation of a medicinal cannabis retailers in the City; and
WHEREAS, the City has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, on May 10, 2022, City Council requested that the City Manager schedule a study session as soon as practicable regarding whether to allow for the sale of nonmedicinal cannabis in the City of Santa Monica; and WHEREAS, on July 26, 2022, in line with potential economic recovery efforts, the City Council voted to place a cannabis business license tax measure (Measure HMP) on the November 2022 ballot, imposing a tax on all commercial cannabis activities; and
WHEREAS, in the November 2022 election, the voters approved Measure HMP; and
WHEREAS, on June 13, 2023, City Council held a discussion session where it: (1) considered key policy considerations for allowing adult-use cannabis businesses and other non-retail cannabis business types within the City of Santa Moncia; (2) discussed options for allowing adult-use cannabis sales and

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Packet Pg. 885 Attachment: Ordinance Amending Section 6.203.010 09.27.23 (001) (clean) [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use 4 associated regulatory restrictions as may be appropriate; and (3) provided direction to staff on bringing back changes to the Municipal Code to allow for adultuse cannabis retail businesses and non-retail cannabis business types within the City; and
WHEREAS, at the June 13, 2023, study session, City Council approved allowing the previously approved medicinal cannabis retailers to also sell, cultivate, and deliver adult-use cannabis while the permanent adult-use cannabis updates are pending; and
WHEREAS, Section 6.203.010 of the Santa Monica Municipal Code currently prohibits commercial cannabis sales in the City; and WHEREAS, the City desires to amend Section 6.203.010 of the Santa Monica Municipal Code to allow medicinal cannabis retailers with medicinal cannabis permits issued before October 10, 2023 to deliver, cultivate, and sell adult-use cannabis or adult-use cannabis products to persons 21 years of age and over subject to the Santa Monica Municipal Code Section 9.31.185.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS (new text underlined, deleted text shown with strikethrough):

SECTION 1. Commercial Nonmedicinal Cannabis Uses. Santa Monica Municipal Code Section 6.203.010 is amended as follows:

6.203.01 Commercial Nonmedicinal Cannabis Uses
a. Except as provided in subsection b, below, it It shall be unlawful to undertake, establish, operate, maintain, or permit any commercial nonmedicinal cannabis use in the City. Except as provided in this subsection b, below, no No use permit, business license, variance, building permit, or any other entitlement,

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Packet Pg. 886 Attachment: Ordinance Amending Section 6.203.010 09.27.23 (001) (clean) [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use 5 license, or permit, whether administrative or discretionary, shall be approved or issued. The possession of a State license for commercial nonmedicinal cannabis use shall not be sufficient to authorize the operation of such a use within the City. b. Notwithstanding the prohibitions set forth in subsection a, above, a medicinal cannabis retailer that has been issued a medicinal cannabis permit pursuant to Chapter 6.203 of the Santa Monica Municipal Code prior to October 10, 2023, and subject to Santa Monica Municipal Code Section 9.31.185, shall be permitted to deliver, cultivate, or sell adult-use cannabis or adult-use cannabis products, as licensed and regulated by Business and Professions Code Section 26000 et seq. and as amended from time to time, to persons 21 years of age and over.

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

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

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Packet Pg. 887 Attachment: Ordinance Amending Section 6.203.010 09.27.23 (001) (clean) [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use 6 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 thirty days after its adoption.

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 888 Attachment: Ordinance Amending Section 6.203.010 09.27.23 (001) (clean) [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use 1 City Council Meeting: October 10, 2023 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)

AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE TEXT OF THE ZONING ORDINANCE TO:
(1) REPLACE THE TERM “MEDICAL MARIJUANA DISPENSARY” WITH “MEDICINAL CANNABIS RETAILER”; (2) REMOVE CERTAIN

REQUIREMENTS FOR MEDICINAL CANNABIS RETAILERS FOR
CONSISTENCY WITH STATE LAW; AND (3) PERMIT MEDICINAL CANNABIS

RETAILERS TO SELL ADULT-USE CANNABIS OR ADULT-USE CANNABIS PRODUCTS TO PERSONS 21 YEARS OF AGE AND OVER
WHEREAS, the State of California has a long history of regulating cannabis uses within the State; and
WHEREAS, in 1996, California voters approved Proposition 215 (codified at Health and Safety Code section 11362.5 and titled the “Compassionate Use Act of 1996”), which provides criminal immunity for patients and primary caregivers for the cultivation and possession of cannabis if a doctor has recommended the cannabis for medical purposes; and
WHEREAS, in 2004, Senate Bill 420 was enacted (codified at Health and Safety Code section 11362.7 et seq. and titled the “Medical Marijuana Program Act”) to clarify the scope of the Compassionate Use Act of 1996; and WHEREAS, the Medical Marijuana Program Act allows cities and other governing bodies to adopt and enforce laws consistent with its provisions; and WHEREAS, in 2015, Assembly Bills 243 and 266 and Senate Bill 643 were enacted (codified at Business and Professions Code section 19300 et seq. and titled the “Medical Marijuana Regulation and Safety Act”) and provided for enhanced statewide marijuana regulations; and

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Packet Pg. 889 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 2 WHEREAS, In November 2016, voters approved Proposition 64, the Adult Use of Marijuana Act (“AUMA”), which allows adults 21 years of age or older to legally grow, possess, and use cannabis for nonmedicinal purposes, with certain restrictions; and
WHEREAS, beginning on January 1, 2018, AUMA authorizes the sale and distribution of cannabis for nonmedicinal purposes through a licensed business; and
WHEREAS, in 2017, the State legislature enacted Senate Bill 94 which created the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) which establishes a robust set of regulations for the medicinal and adult use cannabis markets, aligns all permit types, and authorizes certain state agencies to establish rules governing cannabis operations and to implement the law; and
WHEREAS, MAUCRSA continues to preserve local control over cannabisrelated uses by: (1) requiring medicinal cannabis businesses to obtain both a state license and a local license or permit, if required, to operate legally in California, (2) terminating the ability of a medicinal cannabis business to operate if its local license or permit is terminated, (3) continuing to authorize local governments to enforce local cannabis-related laws, (4) providing for penalties for unlicensed activities, and (5) expressly protecting local licensing practices, zoning and business regulation laws, and local actions taken under the constitutional police power; and

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Packet Pg. 890 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 3 WHEREAS, consistent with State actions, the City Council, when adopting its comprehensive update to its Zoning Ordinance in 2015, contemplated authorizing two medicinal cannabis retailers within the City to serve local needs; and
WHEREAS, on October 24, 2017, the City Council adopted an Interim Zoning Ordinance (IZO) which replaced the term “medical marijuana dispensary” with “medicinal cannabis retailer” throughout the Zoning Ordinance; created a definition for “medicinal cannabis retailer” to replace the definition for “medical marijuana dispensary” to conform with State law; removed certain requirements for medicinal cannabis retailers for consistency with State law and to allow for separate and more effective regulatory rulemaking; and modified the definition of “industry, limited” to allow for medicinal cannabis light manufacturing; and WHEREAS, that IZO initially prohibited all adult-use commercial cannabis activities, including retail, cultivation, testing, distribution, and manufacturing; WHEREAS, since then, the City has commenced a prolonged medicinal cannabis retailer selection process and issued two permits for the operation of medicinal cannabis retailers in the City; and
WHEREAS, the IZO was extended on several occasions and has since expired, causing the terminology, definitions, and other modified use standards to revert back to the previous outdated language in the Zoning Ordinance; and WHEREAS, on March 13, 2020, the City Manager, as the Director of Emergency Services (“Director of Emergency Services”), proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal

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Packet Pg. 891 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 4 Code to ensure the availability of mutual aid and effectuate the City’s response to the novel coronavirus (“COVID-19”), and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency; and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a Third Supplement to the Executive Order, requiring the closure of a wide range of businesses including bars, nightclubs, on-premises restaurant service, movie theatres, live performance venues, gyms, fitness centers, spas, hair salons, massage parlors, and nail salons; and
WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its earlier March 16, 2020 Order, closing all nonessential businesses, and limiting gatherings; and WHERAS, after March 19, 2020, the Los Angeles Department of Public Health, on multiple occasions, amended and modified its Health Officer Order, recognizing the issues posed by community transmission of COVID-19 in Los Angeles County, and, in response, maintaining public health measures that have, at differing times, included strict limitations on public gatherings, required closures

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Packet Pg. 892 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 5 of certain businesses, and strict limitations and protocols for the operations of businesses permitted to remain open; and
WHEREAS, the local, state, and federal COVID-19 emergency declarations have since concluded, but the economic impacts of the COVID-19 closures of, and limitations on, businesses have been and continue to be devastating to the local Santa Monica economy;
WHEREAS, as the commercial and economic landscape evolves, the City’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of unique dining, retail, commercial, and entertainment uses; and
WHEREAS, the City has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, on May 10, 2022, City Council requested that the City Manager schedule a study session as soon as practicable regarding whether to allow for the sale of nonmedicinal cannabis in the City of Santa Monica; and WHEREAS, on July 26, 2022, in line with potential economic recovery efforts, the City Council voted to place a cannabis business license tax measure (Measure HMP) on the November 2022 ballot, imposing a tax on all commercial cannabis activities; and
WHEREAS, in the November 2022 election, the voters approved Measure HMP; and
WHEREAS, on June 13, 2023, City Council held a study session where it:

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Packet Pg. 893 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 6 (1) considered key policy considerations for allowing adult-use cannabis businesses and other non-retail cannabis business types within the City of Santa Moncia; (2) discussed options for allowing adult-use cannabis sales and associated regulatory restrictions as may be appropriate; and (3) provided direction to staff on bringing back changes to the Municipal Code to allow for adultuse cannabis retail businesses and non-retail cannabis business types within the City; and
WHEREAS, at the June 13, 2023, study session, City Council directed allowing the previously approved medicinal cannabis retailers to also sell adult-use cannabis while the permanent adult-use cannabis updates are pending, and the City desires to update the interim regulations in order to allow such use; and WHEREAS, the proposed IZO would also make the same changes to the terminology, definitions, and use standards as the prior 2017 IZO to be consistent with State law and the cannabis industry; and
WHEREAS, the City Council finds and declares that there continues to exist a current and immediate threat to the public health, safety and general welfare that requires the proposed IZO to allow for economic recovery within the City by expanding permitted cannabis use and also to update the Zoning Ordinance to extinguish any inconsistencies with State law and the cannabis industry; and

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

SECTION 1. Interim Zoning Regulations. Santa Monica Municipal Code Chapters 9.01 through 9.52 are hereby amended as follows:

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Packet Pg. 894 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 7 (a) The term “Medical Marijuana Dispensary” shall be replaced with “Medicinal Cannabis Retailer” throughout.
(b) Santa Monica Municipal Code Section 9.31.185 is hereby amended as follows:

9.31.185 Medicinal Cannabis Retailers Medical Marijuana Dispensaries A. Purpose. The purpose of this subsection is to ensure that the development of Medicinal Cannabis RetailersMedical Marijuana Dispensaries does not adversely impact adjacent parcels or the surrounding neighborhoods in which they are located and that they will be developed in a manner that protects the health, safety, and general welfare of nearby residents and businesses while providing for the needs of all segments of the community. Medicinal Cannabis RetailersMedical Marijuana Dispensaries shall be permitted, located, developed, and operated consistent with the following development standards:

B. Conditional Use Permit. Each Medicinal Cannabis Retailer Medical Marijuana Dispensary shall be subject to the approval of a Conditional Use Permit by the Planning Commission, appealable to the City Council.

C. Number and Location. A maximum of 2 Medicinal Cannabis Retailers Medical Marijuana Dispensaries no larger than 2,500 square feet shall be permitted. Medicinal Cannabis Retailers Medical Marijuana Dispensaries are prohibited within 600 feet of a Child Care and Early Education or Family Day Care Facility, park, school, library, Social Service Center, or other Medicinal Cannabis Retailer Medical Marijuana Dispensary. The distance shall be established on the date of application for the Conditional Use Permit.

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Packet Pg. 895 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 8 D. Hours of Operation. Medicinal Cannabis Retailers Medical Marijuana Dispensaries may be operated between the hours of 10:00 a.m. and 8:00 p.m.

Monday through Saturday and 12:00 p.m. to 7:00 p.m. on Sundays.

E. Recommendations. No recommendations for medicinal cannabis medicinal marijuana shall be issued on-site.

F. Delivery. Delivery of medicinal cannabis medical marijuana to patients or primary care givers as defined in Health and Safety Code Section 11362.5 et seq. is permitted.

G. Source Requirement. Only medicinal cannabis medical marijuana cultivated in California may be sold in a Medicinal Cannabis Retailer Dispensary.

H. On-Site Cultivation. A maximum area of 15% of the total floor area may be used for on-site cultivation. medical marijuana.

I. Staffing and Security.

1. Security Plan. The dispensary operator shall submit a security plan for review and approval by the Director of Planning with review and comment by the Police Department. The plan shall include but not be limited to provisions for qualified security staffing, alarms, video monitoring, securing cash, controlled customer access, and other similar elements the Director of Planning deems necessary to ensure the security of the site.

2. Alarm System. A centrally monitored alarm system shall be installed and maintained in good working order.

3. Staffing.
a. An on-site supervisor must be present at all times that the

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Packet Pg. 896 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 9 Dispensary is in operation.
b. Emergency Contact. The dispensary operator shall provide the Chief of Police and neighbors within 500 feet of the Dispensary with the name, phone number, and facsimile number of an on-site community relations staff person to whom one can provide notice if there are operating problems associated with the Dispensary. The Dispensary shall make a good faith effort to encourage members of the public to call this person to try to solve operating problems, if any, before calls or complaints are made to the City.
c. Employees of the establishment shall be at least 21 years of age and patients a minimum of 18 years of age.

IJ. Litter. Outdoor trash receptacles shall be available near the entrances to and exits from the establishment. The premises shall be continuously maintained in a safe, clean, and orderly condition with twice daily litter pick-up within 500 feet of the Medicinal Cannabis Retailer dispensary.

K. Required Patron Notification. Dispensary staff shall notify patrons of the following verbally and through posting of a sign in a conspicuous location readily visible to persons entering the premises:

1. Use of medical marijuana shall be limited to the patient identified on the doctor’s recommendation. Secondary sale, barter, or distribution of medical marijuana is a crime and can lead to arrest.

2. Patrons must immediately leave the site and not consume medical marijuana until at home or in an equivalent private location. Dispensary staff shall

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Packet Pg. 897 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 10 monitor the site and vicinity to ensure compliance.

3. Forgery of medical documents is a felony crime.

4. Entry into the premises by persons under the age of 18 is prohibited unless they are a qualified patient and accompanied by a parent or legal guardian.

L. Prohibited Activities. There shall be no on-site sales or consumption of alcohol or tobacco.

JM. Inspections. A Medicinal Cannabis Retailer Dispensary owner shall authorize reasonable City inspection of the property by Santa Monica Code Enforcement and Police staff or other agents or employees of the City 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 as established by Santa Monica Municipal Code Section 2.72.010 and Resolution No. 9905 (CCS) or any successor legislation thereto. These inspections shall be no more intrusive than necessary to ensure compliance with conditions of approval.

KN. Enforcement Cooperation. A Medicinal Cannabis Retailer, and all employees thereof, Dispensary management shall use best efforts to assist the police in investigating and prosecuting any violations of this Chapter consistent with constitutional provisions.

L. Sale of Adult-Use Cannabis or Adult-Use Cannabis Products.

Notwithstanding anything to the contrary in this Section or Municipal Code, Medicinal Cannabis Retailers that have been issued a Conditional Use Permit as of October 10, 2023 shall be permitted to deliver and sell adult-use cannabis or adult-use cannabis products, as licensed and regulated by Business and

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Packet Pg. 898 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 11 Professions Code Section 26000 et seq. to persons 21 years of age and over. Only cannabis cultivated within California may be sold in accordance with this subsection. Cannabis shall not be consumed or used at the subject property.

Conditions of a Conditional Use Permit issued to a Medicinal Cannabis Retailer eligible to sell adult-use cannabis or adult-use cannabis products under this subsection L that prohibit or otherwise interfere with the sale of adult-use cannabis or adult-use cannabis products shall not be enforced by the City in accordance with the permissions set forth in this subsection L. All remaining Conditional Use Permit conditions shall be subject to enforcement and will apply equally to adultuse cannabis. (c) SMMC Section 9.51.030 is hereby amended to read as follows:

9.51.030 Nonresidential Use Classifications
A. Public and Semi-Public Use Classifications.

1. Adult Day Care. Establishments providing non-medical care for persons 18 years of age or older on a less than 24-hour basis licensed by the State of California.

2. Cemetery. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including mausoleums, burial places, and memorial gardens.

3. Child Care and Early Education Facility. Establishments providing non-medical care for persons less than 18 years of age on a less than 24-hour basis other than family day care (small and large). This classification includes commercial and nonprofit nursery schools, preschools, day care facilities

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Packet Pg. 899 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 12 for children, and any other day care facility licensed by the State of California. See Division 3, Section 9.31.120, Child Care and Early Education Facilities, for further details.

4. College and Trade School. Institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees, including conference centers and academic retreats associated with such institutions. This classification includes junior colleges, business and computer schools, management training, technical and trade schools, but excludes personal instructional services such as music lessons.

5. Community Assembly. A facility for public or private meetings including community centers, banquet centers, religious assembly facilities, civic auditoriums, union halls, meeting halls for clubs and other membership organizations. This classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, and storage. It does not include gymnasiums or other sports facilities, convention centers, or facilities, such as day care centers and schools that are separately classified and regulated. See Division 3, Section 9.31.100, Community Assembly, for further details.

6. Community Garden. An area of land managed and maintained by a public or nonprofit organization or a group of individuals to grow and harvest food crops and/or ornamental crops, such as flowers, for personal or group use, consumption, or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members

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Packet Pg. 900 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 13 of the group and may include common areas maintained and used by group members. Community gardens may be accessory to public or institutional uses such as parks, schools, community centers, or religious assembly uses. This classification does not include gardens that are on a property in residential use when access is limited to those who reside on the property. Community gardens do not include medical marijuana collectives.

7. Cultural Facility. Facilities engaged in activities to serve and promote aesthetic and educational interest in the community that are open to the public on a regular basis. This classification includes performing arts centers for theater, music, dance, and events; spaces for display or preservation of objects of interest in the arts or sciences; libraries; museums; historical sites; aquariums; art galleries; and zoos and botanical gardens. It does not include schools or institutions of higher education providing curricula of a general nature.

8. Hospitals and Clinics. State-licensed public, private, and nonprofit facilities providing medical, surgical, mental health, or emergency medical services. This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs, as well as training, research, and administrative services for patients and employees. This classification excludes veterinary services and animal hospitals (see Animal Care, Sales, and Services). a. Hospital. A facility providing medical, surgical, mental health, or services primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

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Packet Pg. 901 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 14 b. Clinic. A facility providing medical, mental health, or surgical services exclusively on an out-patient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities offering substance abuse treatment, blood banks, plasma, dialysis centers, and emergency medical services offered exclusively on an out-patient basis.

This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale (see Offices, Medical and Dental).

9. Park and Recreation Facility. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, which are open to the general public. This classification also includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, golf courses, and botanical gardens, as well as related food concessions or community centers within the facilities and restrooms within a primary structure or in an accessory structure on the same site.

10. Public Safety Facility. Facilities providing public-safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training and maintenance facilities.

11. School. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools.

12. Social Service Center. Facilities providing a variety of supportive

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Packet Pg. 902 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 15 services for disabled and homeless individuals and other targeted groups on a less than 24-hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (see Adult Day Care and Child Care and Early Education Facility), clinics (see Clinic), and emergency shelters providing 24-hour or overnight care (see Emergency Shelter).

B. Commercial Use Classifications

1. Adult-Oriented Business. See Sexually-Oriented Businesses.

2. Animal Care, Sales and Services. Retail sales and services related to the boarding, grooming, and care of household pets, including:
a. Grooming and Pet Store. Retail sales of animals and/or services, including grooming, for animals on a commercial basis. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores and shops. This classification excludes dog walking and similar pet care services not carried out at a fixed location, and excludes pet supply stores that do not sell animals or provide on-site animal services (see General Retail Sales).
b. Kennel. A commercial, nonprofit, or governmental facility for keeping, boarding, training, breeding or maintaining 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator on a 24-hour basis. This classification includes animal shelters and animal hospitals that provide boarding-only services for animals not receiving

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Packet Pg. 903 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 16 services on the site but excludes the provision by shops and hospitals of 24-hour accommodation of animals receiving medical services on site. This classification also includes kennels that, in addition to 24-hour accommodation, provide pet care for periods of less than 24 hours but it does not include facilities that provide pet day care exclusively or predominantly.
c. Pet Day Care Service. A commercial, nonprofit, or
governmental facility for keeping 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator primarily for periods of less than 24 hours.
d. Veterinary Service. Veterinary services for domesticated animals. This classification allows 24-hour accommodation of animals receiving medical services but does not include kennels.

3. Automobile/Vehicle Sales and Services. Retail or wholesale businesses that sell, rent, and/or repair automobiles, boats, recreational vehicles, trucks, vans, trailers, and motorcycles, including the following:
a. Alternative Fuels and Recharging Facility. A facility offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG) as well as equipment to recharge electric-powered vehicles.

This classification does not include facilities within public garages or other stations that are accessory to a permitted use.
b. Automobile Rental. Rental of automobiles. Typical uses include car rental agencies. See Division 3, Section 9.31.050, Automobile

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Packet Pg. 904 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 17 Rental, for further details.
c. Automobile Storage Parcel. Any property used for short- or long-term parking of vehicles for sale or lease at an automobile dealership or rental agency on a separate parcel from such agency or dealership. d. Automobile/Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of new or used automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated repair services and parts sales for vehicles sold or leased by the manufacturer associated with the dealership. (For auto repair, see Automobile/Vehicle Service and Repair, Major and Minor.) This classification includes on-site facilities for maintaining an inventory of vehicles for sale or lease but excludes buildings and property on a separate site that are used for storing vehicles (see Automobile Storage Parcel). Typical uses include automobile dealers and recreational vehicle sales agencies. This classification also includes minor on-site preparation, washing, buffing, waxing, and detailing of vehicles for sale or vehicles repaired at the facility. Any outdoor preparation, washing, buffing, waxing, and detailing of vehicles shall comply with the standards of Section 9.31.080(C), (D), (M), (N), (P), and (Q). This classification does not include automobile brokerage and other establishments that solely provide services of arranging, negotiating, assisting, or effectuating the purchase of automobiles for others. See Division 3, Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage, for further details. e. Automobile/Vehicle Repair, Major. Repair of automobiles,

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Packet Pg. 905 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 18 trucks, motorcycles, motor homes, boats and recreational vehicles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, auto glass services, vehicle painting, tire sales and installation, and installation of car alarms, sound, telecommunications, and navigation systems, but excludes vehicle dismantling or salvaging and tire retreading or recapping. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further details.
f. Automobile/Vehicle Service and Repair, Minor. The service and repair of automobiles, light-duty trucks, boats, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, as well as smog check quickservice oil, tune-up and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight.

This classification excludes disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors or hazardous materials, and towing services. It also excludes repair of heavy trucks, limousines or construction vehicles. See Division 3, Section 9.31.060, Automobile/Vehicle

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Packet Pg. 906 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 19 Repair, Major and Minor, for further details.
g. Automobile/Vehicle Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles, that are the principal use of a building, structure, or site, including self-serve washing facilities. See Division 3, Section 9.31.080, Automobile/Vehicle Washing, for further details.
h. Large Vehicle and Equipment Sales, Service, and Rental Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, moving, agricultural, or landscape gardening activities. Includes large vehicle operation training facilities.
i. Service Station. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or providing accessory food and retail services. See Division 3, Section 9.31.320, Service Stations, for further details.
j. Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services (for automobile dismantling, see Salvage and Wrecking). This classification includes parcels used for storage of impounded vehicles.

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Packet Pg. 907 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 20 4. Banks and Financial Institutions.
a. Bank and Credit Union. Financial institutions providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, including credit unions, but excluding check-cashing businesses. For administration, headquarters, or other offices of banks and credit unions without retail banking services/onsite circulation of money (see Offices, Business and Professional). b. Check Cashing Business. Establishments that, for
compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes the business of deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code 1789.33. Check Cashing Businesses do not include State or Federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers that cash checks or issue money orders incidental to their main purpose or business.

5. Bar. See Eating and Drinking Establishments.

6. Business Service. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, mailbox services, equipment rental and leasing, office security,

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Packet Pg. 908 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 21 custodial services, film processing, model building, and delivery services with 2 or fewer fleet vehicles on-site. (For 3 or more fleet vehicles, see Light Fleet-Based Services.)

7. Commercial Entertainment and Recreation. Provision of participant or spectator entertainment. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons. a. Cinema. Facilities for indoor display of films and motion pictures.
b. Theater. Facilities designed and used for entertainment, including plays, comedy, and music, which typically contain a stage upon which movable scenery and theatrical appliances or musical instruments and equipment are used.
c. Convention and Conference Centers. Facilities designed and used for conventions, conferences, seminars, trade shows, product displays, and other events in which groups gather to promote and share common interests. Convention centers typically have at least one auditorium and may also contain concert halls, lecture halls, meeting rooms, and conference rooms, as well as accessory uses such as facilities for food preparation and serving and administrative offices. For conference facilities accessory to hotels, see Hotel and Motel.
d. Large-Scale Facility. This classification includes large outdoor facilities such as amusement and theme parks, sports stadiums and arenas, racetracks, amphitheaters, drive-in theaters, driving ranges, and

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Packet Pg. 909 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 22 golf courses. It also includes indoor facilities with 5,000 square feet or more in building area such as fitness centers, gymnasiums, handball, racquetball, or large tennis club facilities; ice or roller skating rinks; swimming or wave pools; miniature golf courses; bowling alleys; archery or indoor shooting ranges; and riding stables.
e. Small-Scale Facility. This classification includes small, generally indoor facilities that occupy less than 5,000 square feet of building area, such as billiard parlors, card rooms, game arcades, dance halls, small tennis club facilities, poolrooms, and amusement arcades. f. Fortunetelling. An establishment where a person or persons provide fortunetelling services and demand or receive, directly or indirectly, a fee or reward, or accept any donation for the exercise or exhibition of fortunetelling services, or give an exhibition of fortunetelling services at any place where a fee, donation or reward is charged or received, directly or indirectly as a condition of entry. Fortunetelling services shall include, but not be limited to, the telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, psychic reading, occult reading, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, tarot card readings, tea leaves, telepathy or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic of any

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Packet Pg. 910 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 23 kind or nature.

8. Eating and Drinking Establishments. Businesses primarily engaged in selling and serving prepared food and/or beverages for consumption on or off the premises.
a. Bar/Night Club/Lounge. Businesses that are licensed by the State to serve alcoholic beverages, including beer, wine and mixed drinks for consumption on the premises from a liquor service facility that is physically separate from the dining area and may be operated during hours when food is not served. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details.
b. Restaurant, Full-Service. Restaurants providing food and beverage services to patrons who order and are served while seated and pay after eating. Takeout service may also be provided. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, where applicable, for further details.
c. Restaurant, Limited-Service and Take-Out. Establishments where food and beverages may be consumed on the premises, taken out, or delivered. This classification includes cafes, cafeterias, coffee shops, delicatessens, fast-food restaurants, sandwich shops, limited-service pizza parlors, self-service restaurants, ice cream and frozen yogurt shops, and snack bars with indoor or outdoor seating for customers. This classification includes bakeries that have tables for on-site consumption of products. It excludes catering services that do not sell food or beverages for on-site

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Packet Pg. 911 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 24 consumption (see Commercial Kitchen). See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.280, Restaurants, Limited Service and Take Out Only, where applicable, for further details.
d. Food Hall. Establishments consisting of three or more individually licensed businesses within an enclosed building where food and beverages may be consumed on the premises, taken out, or delivered, and may also include small retail venues. Patrons may be served while seated and pay after eating, or orders may be made at a walk-up window, counter, machine, or remotely, and payment made prior to food consumption.

Characteristics of food halls include but are not limited to: shared entrance/lobby areas, compartmentalized spaces for individually licensed businesses, shared eating areas, shared restrooms, and shared “back of house” areas (e.g., storage, dishwashing, food preparation). Each compartmentalized space may have access to the exterior of the building, along with outdoor dining and seating areas, which may be shared with other businesses within the establishment.
e. With Drive-Through Facility. Establishments providing food and beverage services to patrons remaining in automobiles. Includes driveup service. f. With Outdoor Dining and Seating Area. Provision of outdoor dining facilities on the same property or in the adjacent public right-of-way.

See Division 3, Section 9.31.200, Outdoor Dining and Seating, for further details.

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Packet Pg. 912 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 25 9. Equipment Rental. Establishments whose primary activity is the rental of equipment, such as medical and party equipment, to individuals and business, and whose activities may include storage and delivery of items to customers.

10. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include food markets, groceries, and liquor stores.
a. Convenience Market. Retail establishments that sell a limited line of groceries, prepackaged food items, tobacco, magazines, and other household goods, primarily for off-premises consumption. These establishments typically have long or late hours of operation and occupy a relatively small building. This classification includes small retail stores located on the same parcel as or operated in conjunction with a Service Station but does not include delicatessens or specialty food shops. It excludes establishments that offer a sizeable assortment of fresh fruits and vegetables or fresh-cut meat (see General Market). See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details. b. Farmers Market. A location where the primary activity is the sale of agricultural products by producers and certified producers. Sales of ancillary products may occur at the location. An open air farmers market may only be operated by a local government agency.
c. General Market. Retail food markets of food and grocery items primarily for offsite preparation and consumption. Typical uses include

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Packet Pg. 913 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 26 supermarkets and specialty food stores such as retail bakeries; candy, nuts and confectionary stores; meat or produce markets; vitamin and health food stores; cheese stores; and delicatessens. This classification may include small-scale specialty food production with retail sales such as pasta shops.

See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.150, General Markets in Residential Districts, where applicable, for further details.
d. Liquor Store. Establishments primarily engaged in selling packaged alcoholic beverages for off-site consumption. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details.

11. Funeral Parlor and Mortuary. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and conducting memorial services. Typical uses include a crematory, columbarium, mausoleum, or mortuary.

12. Home Occupation. A use that is incidental and secondary to the primary residential use of a dwelling and compatible with surrounding residential uses. These uses include business, professional, and creative offices, food production, limited personal services, and urban agriculture. See Division 3, Section 9.31.160, Home Occupations for further details.

13. Instructional Services. Establishments that offer specialized programs in personal growth and development, typically in a classroom setting.

Typical uses include classes or instruction in music, health, athletics, art, or academics. Instructional Services may include rehearsal studios as an accessory

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Packet Pg. 914 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 27 use. This use type excludes Colleges and Trade Schools and facilities that offer instructional services (see General Personal Services). This use type also excludes gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. See Personal Services-Physical Training.

14. Live-Work. A unit that combines a work space and incidental residential space occupied and used by a single household in a structure that has been constructed for such use or converted from commercial or industrial use and structurally modified to accommodate residential occupancy and work activity in compliance with the Building Code. The working space is reserved for and regularly used by one or more occupants of the unit. See Division 3, Section

9.31.170, Live-Work Units, for further details.

15. Lodging. An establishment providing overnight accommodations to transient patrons who maintain a permanent place of residence elsewhere for payment for periods of 30 consecutive calendar days or less. a. Bed and Breakfast. A residential structure that is in residential use in which the property owner or manager lives on site and within which up to 4 bedrooms are rented for overnight lodging and where meals may be provided. See Division 3, Section 9.31.090, Bed and Breakfasts, for further details.
b. Hotel and Motel. An establishment providing temporary lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or

10.C.e
Packet Pg. 915 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 28 recreation facilities available to guests or to the general public. This use classification includes motor lodges, motels, apartment hotels, hostels and tourist courts, but does not include rooming houses, boarding houses, or private residential clubs, single-room occupancy housing, or bed and breakfast establishments within a single-unit residence. c. Vacation Rental. A property with a dwelling unit or guest house intended for permanent occupancy that is available for rent or hire for any person other than the primary owner for transient use for 30 days or less or is otherwise occupied or utilized on a transient basis for 30 days or less. Vacation rental does not include a Bed and Breakfast as defined above.

16. Maintenance and Repair Service. Establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and similar items. This classification excludes maintenance and repair of motor vehicles or boats (see Automotive/Vehicle Sales and Services) and personal apparel (see Personal Services).

17. Mobile Food Truck Off-Street Venue. A location where the commercial vending of food occurs from parked vehicles.

18. Nursery and Garden Center. Establishments primarily engaged in retailing nursery and garden products—such as trees, shrubs, plants, seeds, bulbs, and sod—that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. Fertilizer and soil products are stored and sold in packaged form only.

10.C.e
Packet Pg. 916 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 29 19. Offices. Offices of firms, organizations (for-profit and nonprofit), and public agencies providing professional, executive, management, administrative or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, insurance, and legal offices, excluding banks and savings and loan associations with retail banking services (see Banks and Financial Institutions). This classification also includes offices where medical and dental services are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, including medical/dental laboratories within medical office buildings but excluding clinics or independent research laboratory facilities (see Research and Development) and hospitals (see Hospital and Clinic).
a. Business and Professional. Offices of firms, organizations, or agencies providing professional, executive, management, administrative, financial, accounting, or legal services, but excluding those that primarily provide direct services to patrons that visit the office (see Offices, Walk-In Clientele).
b. Creative. Offices, production spaces, and work spaces of establishments that are in the business of the development, publishing, production, or distribution of creative property, including, but not limited to, advertising, architectural services, broadcasting, communications, computer software design, media content, entertainment, engineering, fashion design, film distribution, graphic design, interior design, internet content, landscape design, photography, and similar uses.

10.C.e
Packet Pg. 917 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 30 c. Medical and Dental. Offices providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors and dentists; medical and dental laboratories that see patients; and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental medical and/or dental research within the office is considered part of the office use if it supports the on-site patient services.
d. Walk-In Clientele. Offices predominantly providing direct services to patrons or clients and do not require appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials. It does not include banks or check-cashing facilities, which are separately classified and regulated (see Banks and Financial Institutions).

20. Parking, Public or Private. Structures and surface lots offering parking for a fee when such use is not incidental to another on-site activity.

21. Personal Service.
a. General Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber shops and beauty salons, seamstresses, tailors, dry cleaning agents (excluding largescale bulk cleaning plants), shoe repair shops, self-service laundries, video rental stores, photocopying and photo finishing services, and travel agencies mainly intended for the consumer. This classification also includes

10.C.e
Packet Pg. 918 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 31 massage establishments that are in full compliance with the applicable provisions of Chapter 6.104, Massage Regulations, of the Santa Monica Municipal Code, and in which all persons engaged in the practice of massage are certified pursuant to the California Business and Professions Code Section 4612. This classification does not include gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. See Division 3, Section

9.31.230, Personal Service, for further details.
b. Personal Services, Physical Training. Gyms, exercise clubs, or studios less than 5,000 square feet offering martial arts, physical exercise, yoga training and similar types of instruction to classes and groups. This classification also includes exclusively youth-serving studios of less than 3,000 square feet offering performing arts, dance, martial arts, physical exercise, and similar types of instruction to classes and groups of more than 5 persons.
c. Tattoo or Body Modification Parlor. An establishment whose principal business activity is one or more of the following: (i) using ink or other substances that result in the permanent coloration of the skin through the use of needles or other instruments designed to contact or puncture the skin; or (ii) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. See Division 3, Section 9.31.230, Personal Service, for further details.

22. Retail Sales

10.C.e
Packet Pg. 919 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 32 (a) Building Materials and Services. Retail sales or rental of building supplies or equipment. This classification includes lumberyards, tool and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include Construction and Material Yards, hardware stores less than 10,000 square feet or establishments engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunitions.
(b) General Retail Sales, Small-Scale. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with 25,000 square feet or less of sales area; including department stores, clothing stores, furniture stores, pet supply stores, small hardware and garden supply/nurseries stores (with 10,000 square feet or less of floor area), and businesses retailing goods including, but not limited to, the following: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video rental, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and

10.C.e
Packet Pg. 920 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 33 similar small-item repairs. See Division 3, Sections 9.31.210, Outdoor Newsstands, and 9.31.220, Outdoor Retail Display and Sales, where applicable, for further details.
(c) General Retail Sales, Medium-Scale. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with more than 25,000 square feet but not more than 80,000 square feet of sales area. (d) General Retail Sales, Large-Scale. Retail establishments with over 80,000 square feet of sales area that sell merchandise and bulk goods for individual consumption, including membership warehouse clubs, where sales of grocery items do not occupy more than 25% of the floor area. (e) Medicinal Cannabis Retailer. A licensed premises which is a physical location from which retail medicinal cannabis or medicinal cannabis products are intended to be sold for use, pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation. The premises may be closed to the public; sales may be made exclusively by delivery.

Subject to the provisions of SMMC Section 9.31.185 Medicinal Cannabis Retailers shall be permitted to deliver, cultivate, or sell adult-use cannabis or adult-use cannabis products, as licensed and regulated by Business and Professions Code Section 26000 et seq. and as amended from time to time, to persons 21 years of age and over. Medical Marijuana Dispensary Any

10.C.e
Packet Pg. 921 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 34 facility, building, structure, or fixed location where one or more qualified patients and/or persons with identification cards and/or primary caregivers cultivate, distribute, sell, dispense, transmit, process, exchange, give away, or otherwise make available marijuana for medical purposes. The terms “primary caregiver,” “qualified patient,” and “person with an identification card” shall be as defined in California Health and Safety Code Section 11362.5 et seq.
i. A Medical Marijuana Dispensary shall not include the following uses, as long as the location of such uses are otherwise regulated by applicable law and as long as any such use complies strictly with applicable law including, but not limited to, California Health and Safety Code Section 11362.5 et seq.:
(1) A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code.
(2) A health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code.
(3) A residential care facility for persons with chronic lifethreatening illness licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code.
(4) A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code.

10.C.e
Packet Pg. 922 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 35 (5) A residential hospice, or a home health agency
licensed pursuant to Chapter 8 of the California Health and Safety Code.
ii. A Medical Marijuana Dispensary shall also not include any dwelling unit where qualified patients or persons with an identification card permanently reside and collectively or cooperatively cultivate marijuana on-site for their own personal medical use and does not include the provision, cultivation, or distribution of medical marijuana at this dwelling unit by primary caregivers for the personal medical use of the qualified patients or persons with an identification card who have designated the individual(s) as a primary caregiver, in accordance with California Health and Safety Code Sections 11362.5 and 11362.7 et seq. (f) Pawn Shop. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property.
(g) Swap Meet. Any indoor or outdoor place, in an approved location, or for an approved activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual licensed vendors, usually in compartmentalized spaces. The term swap meet is interchangeable with and applicable to: flea markets, auctions, open air markets, outdoor sales activities, or other similarly named or labeled activities; but does not include

10.C.e
Packet Pg. 923 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 36 supermarket or department store retail operations. See Division 3, Sections

9.31.360, Swap Meets, and 9.31.220, Outdoor Retail Display and Sales, for further details.

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

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

SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective thirty days after its adoption.

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN

10.C.e
Packet Pg. 924 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 37 City Attorney

10.C.e
Packet Pg. 925 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at 1 Xavier Mota
From: Steven Rice <[email protected]>
Sent: Saturday, October 7, 2023 7:49 PM
To: councilmtgitems
Subject: Opposition to a non medicinal marijuana only dispensary at 1416 Wilshire Boulevard

EXTERNAL
Dear council ‐
I strongly oppose the efforts to open this dispensary so close to Lincoln Middle School & Lincoln child development center. As a longtime resident, growing up in this community, attending both Lincoln Junior High ( at its time ) and then graduating from Samohi. Now my wife and I are raising young daughters who currently attend Roosevelt elementary school. To have this recreational shop so close to our kids is a horrible idea.

We understand the importance of ensuring access to medical marijuana for those in genuine need, but my family is deeply concerned that eliminating these restrictions without first establishing a clear and comprehensive municipal code subsection for (Adult‐use) recreational marijuana retailers would be premature and potentially harmful.

We commend the Council for its thoughtful approach on the selection of retailers and the establishment of local ordinances pertaining to Medicinal Cannabis Dispensaries in our city. In light of this, I respectfully urge the Santa Monica City Council to continue its diligent efforts and prioritize the development and implementation of a comprehensive municipal code specifically tailored to regulate (Adult‐use) recreational marijuana retailers before any consideration is given to the removal of medical‐only restrictions. This code should address essential issues such as proximity to schools, advertising regulations, and stringent measures to prevent underage access. The impacts of Medical‐only Dispensaries vs. Adult‐use Recreational Dispensaries on a community are not equal, so the code defining them should not be the same.

Let us ensure that the interests of our children and the safety of our community are at the forefront of any decisions made regarding marijuana retail in Santa Monica. I kindly request that you carefully consider the potential ramifications of this proposal on our children's well‐being and education.

Thank you for your continued unwavering commitment to our community.

Sincerely,
Steve Rice
Sent from my iPhone
ITEM 10.C.

October 10, 2023
ITEM 10.C.

October 10, 2023

10.C.f
Packet Pg. 926 Attachment: Written Comments [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal 1 Xavier Mota
From: Steven Rice <[email protected]>
Sent: Saturday, October 7, 2023 7:52 PM
To: councilmtgitems
Subject: Re: Opposition to a non medicinal marijuana only dispensary at 1416 Wilshire Boulevard ## to be clear medicinal only not recreational

EXTERNAL
Please be clear in the email just sent seconds ago No Recreational Use to be sold only medically recommended is what we support
Sent from my iPhone
On Oct 7, 2023, at 7:48 PM, Steven Rice <[email protected]> wrote:

Dear council ‐
I strongly oppose the efforts to open this dispensary so close to Lincoln Middle School & Lincoln child development center. As a longtime resident, growing up in this community, attending both Lincoln Junior High ( at its time ) and then graduating from Samohi. Now my wife and I are raising young daughters who currently attend Roosevelt elementary school. To have this recreational shop so close to our kids is a horrible idea.

We understand the importance of ensuring access to medical marijuana for those in genuine need, but my family is deeply concerned that eliminating these restrictions without first establishing a clear and comprehensive municipal code subsection for (Adult‐use) recreational marijuana retailers would be premature and potentially harmful.

We commend the Council for its thoughtful approach on the selection of retailers and the establishment of local ordinances pertaining to Medicinal Cannabis Dispensaries in our city. In light of this, I respectfully urge the Santa Monica City Council to continue its diligent efforts and prioritize the development and implementation of a comprehensive municipal code specifically tailored to regulate (Adult‐use) recreational marijuana retailers before any consideration is given to the removal of medical‐ only restrictions. This code should address essential issues such as proximity to schools, advertising regulations, and stringent measures to prevent underage access. The impacts of Medical‐only Dispensaries vs. Adult‐use Recreational Dispensaries on a community are not equal, so the code defining them should not be the same.

Let us ensure that the interests of our children and the safety of our community are at the forefront of any decisions made regarding marijuana retail in Santa Monica. I kindly request that you carefully consider the potential ramifications of this proposal on our children's well‐being and education.

Thank you for your continued unwavering commitment to our community.

Sincerely,
ITEM 10.C.

October 10, 2023
ITEM 10.C.

October 10, 2023

10.C.f
Packet Pg. 927 Attachment: Written Comments [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal 2 Steve Rice
Sent from my iPhone
ITEM 10.C.

October 10, 2023
ITEM 10.C.

October 10, 2023

10.C.f
Packet Pg. 928 Attachment: Written Comments [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal 1 Xavier Mota
From: Wendy Meyer <[email protected]>
Sent: Monday, October 9, 2023 12:34 PM
To: councilmtgitems
Subject: City Clerk Re: Adult-Use Cannabis IZO

EXTERNAL
Hello,
I would like to submit a public comment to the Oct. 10, 2023 City Council member meeting.

Dear City Council Members, I would like the council to oppose amending the Interim Zoning Ordinance, until it can establish a clear and comprehensive municipal code subsection for (adult-use) recreational marijuana retailers. As a member of the community and a parent of underage students, I am concerned about recreational marijuana being sold in close proximity to the middle school.

Thank you,
Wendy Meyer

ITEM 10.C.

October 10, 2023
ITEM 10.C.

October 10, 2023

10.C.f
Packet Pg. 929 Attachment: Written Comments [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal 1 Xavier Mota
From: Esther Hickman <[email protected]>
Sent: Tuesday, October 10, 2023 9:50 AM
To: councilmtgitems; Council Mailbox
Subject: Agenda Item 10.C_Cannabis Label Warnings

EXTERNAL
Dear Honorable Council Members,
Please ask staff to work on facilitating prominent health warnings on all the possible health risks associated with cannabis consumption.

Not everyone metabolizes the properties in these products equally and kids should especially understand this.

Unfortunately, I have too many personal family stories about mental illness to share around this.

Being a 30 year patient of ankylosing spondylitis which requires a constant pain management regimen, I can tell you that medical marijuana is not for everyone to dabble in and should come with prominent warnings.

Also, have you driven through Van Nuys and North Hollywood lately?  Not a pretty sight.  Let's keep it professional, medical and with lots of prominent warning labels.  It would be terrible if this initiative created new problems. ‐‐
Esther Hickman
Pico Neighborhood Resident
SMMUSD Alumni and Parent
310.600.7306
ITEM 10.C.

October 10, 2023
ITEM 10.C.

October 10, 2023

10.C.f
Packet Pg. 930 Attachment: Written Comments [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal 1 Xavier Mota
From: Peter Borresen <[email protected]>
Sent: Tuesday, October 10, 2023 10:19 AM
To: councilmtgitems; Council Mailbox; Esther Hickman
Subject: Agenda Item 10.C. City council 10/10/2023. Public written comment. Cannabis warning labels.

EXTERNAL
Prominent, tobacco style, cannabis warning labels.

Dear City Council,
The US Center for Disease Control (the CDC) and the National Institute of Health (NIH) state that marijuana is proven to increase the risks of serious mental illness, including schizophrenia, and that it affects brain development, and causes many other serious harms.

It is astonishing that none of the city staff reports that I have seen discuss the health risks of cannabis. This is remiss of staff and must be addressed before going further.

I ask the council to pause further action regarding cannabis, and give staff time to look at requiring prominent health warnings at points of sale, on retail packaging and exterior signage.

Pot appears much more harmful to mental health than tobacco. As shown by many scientifically rigorous, peer reviewed studies, as referenced by the CDC, the NIH and many other health agencies,
We have health warnings for tobacco. To not have health warnings for pot is absurd.

Consumers have a right to know the risks they take when using a city-permitted, recreational drug.

And even for FDA medicines we require a list of side-effects and risks. By not warning of the risks, we open up the city to potential future expensive lawsuits from those who suffer psychosis and harm, when the risks are well known and proven. To say nothing of the harm to the individuals and to society regarding the increasing violence and homelessness resulting from rising cases of schizophrenia and psychosis. As we see every day on our streets.

Using the CDC and NIH websites as sources, I ask the council to send the staff report back and to ask staff to analyze the known health risks, and to study requiring prominent, tobacco style health warnings on retail packaging, and at the point of sale and outside stores.

I urge everyone to visit the CDC and NIH websites to read more about the health consequences of marijuana use.

Yours sincerely,
Peter Borresen,
Santa Monica
ITEM 10.C.

October 10, 2023
ITEM 10.C.

October 10, 2023

10.C.f
Packet Pg. 931 Attachment: Written Comments [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal 1 Xavier Mota
From: Nicole villanova-price <[email protected]> Sent: Tuesday, October 10, 2023 10:27 AM
To: councilmtgitems
Subject: NO to Dispensary location near Lincoln Middle School

EXTERNAL
We, as the people of Santa Monica have felt ignored and not the top of our city's priority for quite some time. And now this. The thought of our council and city approving a non‐medical dispensary location less than 800 feet from our community middle school is unconscionable. The fact that a medical one went up under the cloud of Covid was already disturbing. Please make this right and refuse Medicinal Cannabis Retailers anywhere near our schools. It took years for the city to decide on where we stand and to land here is just an embarrassment.

My 8th grader at Lincoln already shares with me stories of kids being high everyday and getting high in the bathrooms.

We do not need to make this reality even easier for teenagers.

ITEM 10.C.

October 10, 2023
ITEM 10.C.

October 10, 2023

10.C.f
Packet Pg. 932 Attachment: Written Comments [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal 1 Xavier Mota
From: Trinedy Kru <[email protected]>
Sent: Tuesday, October 10, 2023 11:04 AM
To: councilmtgitems
Subject: Agenda Item 10: City Clerk Re: Adult-Use Cannabis IZO

EXTERNAL
Subject: City Clerk Re: Adult-Use Cannabis IZO
Dear Santa Monica City Council,
I am writing to you as a concerned parent, with three children currently attending schools in Santa Monica. I would like to express my strong opposition to the proposed removal of medical-only restrictions on marijuana retailers at this time. If this proposal is approved too hastily, it will fail to adequately consider the potential repercussions on our local community, particularly on Lincoln Middle School and Lincoln Child Development Center, which are situated less than 800 feet away from the proposed location of the previously granted Conditional Use Permit at 1416 Wilshire Blvd.

While I wholeheartedly understand the importance of ensuring access to medical marijuana for those in genuine need, I am deeply concerned that eliminating these restrictions without first establishing a clear and comprehensive municipal code subsection for (Adult-use) recreational marijuana retailers would be premature and potentially harmful.

I commend the Council for its thoughtful approach to the selection of retailers and the establishment of local ordinances pertaining to Medicinal Cannabis Dispensaries in our city. In light of this, I respectfully urge the Santa Monica City Council to continue its diligent efforts and prioritize the development and implementation of a comprehensive municipal code specifically tailored to regulate (Adult-use) recreational marijuana retailers before any consideration is given to the removal of medical-only restrictions. This code should address essential issues such as proximity to schools, advertising regulations, and stringent measures to prevent underage access.

The impacts of Medical-only Dispensaries vs. Adult-use Recreational Dispensaries on a community are not equal, so the code defining them should not be the same.

Let us ensure that the interests of our children and the safety of our community are at the forefront of any decisions made regarding marijuana retail in Santa Monica. I kindly request that you carefully consider the potential ramifications of this proposal on our children's well-being and education.

Thank you for your unwavering commitment to our community.

Sincerely,
Trinedy Krusell
Santa Monica Resident, Parent, Volunteer, Voter, Business Owner ITEM 10.C.

October 10, 2023
ITEM 10.C.

October 10, 2023

10.C.f
Packet Pg. 933 Attachment: Written Comments [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal 1 Xavier Mota
From: Sabrina Sin <[email protected]>
Sent: Tuesday, October 10, 2023 11:48 AM
To: councilmtgitems
Subject: City Clerk Re: Adult-Use Cannabis IZO

EXTERNAL
Dear Santa Monica City Council,
I'm asking the City Council to oppose amending the Interim Zoning Ordinance, until it can establish a clear and comprehensive municipal code subsection for (adult‐use) recreational marijuana retailers.  It is both premature and potentially harmful to do so without adequate review.  The location (1416 Wilshire Blvd) of the dispensary had already raised concerns with parents, residents, neighbors when issued as a medicinal retailer within 800 feet away from both a preschool and middle school.

I would like to express my strong opposition to the proposed removal of medical‐only restrictions on marijuana retailers at this time. If this proposal is approved too hastily, it will fail to adequately consider the potential repercussions on our local community, particularly on Lincoln Middle School and Lincoln Child Development Center.

This code should address essential issues such as proximity to schools, advertising regulations, and stringent measures to prevent underage access. The impacts of Medical‐only Dispensaries vs. Adult‐use Recreational Dispensaries on a community are not equal, so the code defining them should not be the same.

Let us ensure that the interests of our children and the safety of our community are at the forefront of any decisions made regarding marijuana retail in Santa Monica. I kindly request that you carefully consider the potential ramifications of this proposal on our children's well‐being and education.

A Concerned Parent,
Sabrina Sin
Santa Monica Resident
‐‐‐
ITEM 10.C.

October 10, 2023
ITEM 10.C.

October 10, 2023

10.C.f
Packet Pg. 934 Attachment: Written Comments [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal Subject: Re: Agenda Item #10 Adult-Use Cannabis IZO
Dear Santa Monica City Council,
I hope this message finds you well. I am writing to express my deep concerns about the proposed removal of medical-only restrictions on marijuana retailers, particularly with regard to the establishment at 14th & Wilshire, known as “Harvest."
Dispensaries are intended to serve individuals with serious medical conditions, I am concerned about the agenda item proposing the removal of the medical use restriction for a local dispensary.

I applaud the initial responsible approach of the City Council in ensuring that the proposed store at 14th & Wilshire, "Harvest," operated exclusively for medicinal purposes. It is essential to recognize that the existing legislation does not prohibit a city from adopting ordinances or policies that further restrict the location or establishment of medicinal cannabis cooperatives, collectives, dispensaries, operators, establishments, or providers.

Therefore, I urge you NOT to remove the medicinal use restriction for this dispensary. Given the well-documented detrimental mental and physical health effects associated with cannabis and related products, the existence of such stores should be approached with caution.

Additionally, I implore you to take proactive steps to strengthen the Santa Monica ordinances and policies governing Cannabis shops. We must prioritize the health and well-being of Santa Monicans, especially our children. To this end, I urge you to develop robust ordinances and policies aimed at preventing children from accessing marijuana and non-smoking marijuana products such as edibles, to restrict advertising and promotion targeting children and youth in any form, whether it be through smoking, edibles, liquids, or vaping/electronic delivery systems.

Moreover, I recommend introducing restrictions on the marketing of cannabis flavors and flavored additives that could appeal to youth. These measures are crucial to discourage cannabis use among adolescents and protect their health. Looking forward, I propose that you consider a minimum proximity requirement of 1000 feet between cannabis storefronts and schools, in alignment with drug-free school zones. This step would further safeguard our youth and educational institutions from the potential influence of marijuana dispensaries, as proximity correlates to increased youth cannabis use.

Thank you for your dedication and service to our city. Your efforts are greatly appreciated. I trust that you will carefully consider these concerns and ensure that we have the necessary policies in place to responsibly move forward. Let us work together to protect the physical and mental wellbeing of Santa Monicans for years to come.

Sincerely,
Danielle Litak
ITEM 10.C.

October 10, 2023
ITEM 10.C.

October 10, 2023

10.C.f
Packet Pg. 935 Attachment: Written Comments [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal 1 Xavier Mota
From: Erika Bell <[email protected]>
Sent: Tuesday, October 10, 2023 3:58 PM
To: councilmtgitems; Gleam Davis; Phil Brock; Lana Negrete; Christine Parra; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: City Clerk Re: Adult-Use Cannabis IZO

EXTERNAL
Dear Santa Monica City Council,
I am writing to you as a concerned parent, with two children currently attending schools in Santa Monica. I would like to express my strong opposition to the proposed removal of medical-only restrictions on marijuana retailers at this time. If this proposal is approved too hastily, it will fail to adequately consider the potential repercussions on our local community, particularly on Lincoln Middle School and Lincoln Child Development Center, which are situated less than 800 feet away from the proposed location of the previously granted Conditional Use Permit at 1416 Wilshire Blvd.

While I wholeheartedly understand the importance of ensuring access to medical marijuana for those in genuine need, I am deeply concerned that eliminating these restrictions without first establishing a clear and comprehensive municipal code subsection for (Adult-use) recreational marijuana retailers would be premature and potentially harmful.

I commend the Council for its thoughtful approach to the selection of retailers and the establishment of local ordinances pertaining to Medicinal Cannabis Dispensaries in our city. In light of this, I respectfully urge the Santa Monica City Council to continue its diligent efforts and prioritize the development and implementation of a comprehensive municipal code specifically tailored to regulate (Adult-use) recreational marijuana retailers before any consideration is given to the removal of medical-only restrictions. This code should address essential issues such as proximity to schools, advertising regulations, and stringent measures to prevent underage access. The impacts of Medical-only Dispensaries vs. Adult-use Recreational Dispensaries on a community are not equal, so the code defining them should not be the same.

Let us ensure that the interests of our children and the safety of our community are at the forefront of any decisions made regarding marijuana retail in Santa Monica. I kindly request that you carefully consider the potential ramifications of this proposal on our children's well-being and education.

Thank you for your unwavering commitment to our community.

Take care,
Erika Bell
ITEM 10.C.

October 10, 2023
ITEM 10.C.

October 10, 2023

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Packet Pg. 936 Attachment: Written Comments [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal City Council
Report
City Council Meeting: October 10, 2023
Agenda Item: 10.D
1 of 6
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Introduction and First Reading of Water and Wastewater Capacity Study Ordinances
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15061 (b)(3) and Section 15308 of the California Environmental Quality Act (CEQA) Guidelines.

2. Introduce for first reading the attached ordinance to amend Santa Monica Municipal Code 7.12.180 to require water capacity studies for new developments.

3. Introduce for first reading the attached ordinance to amend Santa Monica Municipal Code 7.04 to require wastewater capacity studies for new developments.

Summary
The City of Santa Monica’s Water Resources Division within the Public Works Department operates and maintains an expansive domestic water and sanitary sewer network that consists of over 200 miles of water mains and over 150 miles of wastewater collection pipes that collectively serve over 93,000 residents and 2,700 businesses in the city. In its current configuration, the city’s water and wastewater infrastructure may not be able to accommodate future high-density developments that replace existing lower density land uses. To ensure reliable water and wastewater services are maintained, water and wastewater capacity studies have been required by the City for new developments to analyze the development’s impact and verify if those impacts can be accommodated by the City’s water and wastewater infrastructure.

However, the City’s utility ordinances have not been updated since the 1990s and do

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not reflect the need for clarity as to the City’s utility review process for new development, so that (i) developers can take into account adequate water and sewer capacity to service their developments and impacts to all other properties that share local infrastructure, and (ii) developers can have an opportunity early in the planning and design process to understand the City’s level of service requirements and verify available capacity to serve the development. Early input is critical due to the anticipated increase in by-right Planning approvals for housing development, in accordance with state housing laws and the City’s 6th Cycle Housing Element and implementing ordinances. Staff therefore seeks to modify Santa Monica Municipal Code Chapter 7.12 and 7.04 to clarify requirements for conducting a water capacity study and wastewater capacity study, respectively, for new developments.

Discussion
The City’s Water Resources Division is a retail water agency that provides potable and recycled water throughout the city for single and multi-family residential, commercial, and industrial uses, as well as landscape irrigation and fire protection. The Water Resources Division is also responsible for all facilities that support the collection and conveyance of wastewater for safe collection and final treatment at the City of Los Angeles’s Hyperion Treatment Plant. The City’s water and wastewater infrastructure is largely built-out, therefore, the domestic water supply and wastewater collection infrastructure is already in place and generally fixed in nature. The City, to the extent practical, will provide water and wastewater service when: 1) sufficient water supply and distribution capacity and/or wastewater collection capacity is available to accommodate the new development’s water and wastewater demand and 2) the proposed development can be provided water and its wastewater can be safely collected in a manner that meets the City’s requirements. Per state law, water and sewer service is prioritized for new housing development over new commercial and industrial development.

Water and wastewater capacity studies (Capacity Studies) are required for new developments to analyze the development’s impact on the City’s water and wastewater infrastructure and verify if the existing infrastructure can accommodate the proposed

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development. Development projects have the potential to overtax the City’s wastewater and water systems, which could lead to sanitary sewer overflows and loss of pressure, or even loss of supply, in the water distribution system. Capacity Studies are vital to safeguard public health and maintain reliable service. The location and/or size of new development determines if the new development is required to implement off-site improvements (e.g., increasing the size of the wastewater collection pipe) to accommodate the increased water and/or wastewater service from the new development. This determination is based upon engineering hydraulic models and do not involve subjective determination by the City (e.g., any contribution from new development that would cause a sewer line to exceed 85% capacity during wet weather flow or water pressure to be outside of the range of 40 to 100 psi). Because the capacity determination is based upon locality and/or size of new development, it is possible that even a small development could impact local infrastructure. The only way to confirm available water/wastewater capacity to serve the development is to conduct a Capacity Study.

Currently, the requirement to conduct Capacity Studies and consequential off-site improvements is determined at the time of the Building Permit Plan Check when 100% plans of the proposed development are submitted for review. This may potentially delay the approval process as well as require additional design effort to incorporate off-site improvements.

The proposed ordinance would support the new streamlined entitlement and Building Permit Plan Check process by 1) determining if Capacity Studies are required before the planning application is deemed complete by the City and 2) if deemed required, the Capacity Studies and design of consequent off-site improvements to be completed before building plans are submitted for Building Permit Plan Check. This process will provide early determination, at the planning stage, if Capacity Studies are required for the new development. The developer would have sufficient time to conduct the Capacity Studies, confirm capacity and off-site improvements needed, and incorporate off-site improvements in the development’s overall plans as it is being designed.

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Any local off-site improvements identified through the Capacity Studies are the responsibility of the developer and are not covered by capital facility fees. Capital facility fees (or capacity fees) are to ensure future customers, or existing customers requesting additional service, would enter as equal participants as existing customers.

The capital facility fee is calculated based on existing assets and planned capital improvements projects to maintain current level of service since the city’s water/wastewater infrastructure is built-out. In other words, planned capital improvements (e.g., replacing a 70 year old 8-inch water main with a new 8-inch water main) are to maintain current level of service, or existing capacity, and not to increase service capacity that is triggered by new developments. In the past five years, there have only been two to three developments where off-site improvements have been required (e.g., 710 Broadway development).

The City’s water neutrality fees are intended to ensure no net new water use by any new development at the time a building permit is issued, but do not limit actual water use and/or wastewater discharged after a new development has obtained a certificate of occupancy. Furthermore, any water neutrality in-lieu fees are used to install water efficiency fixtures throughout the City to offset the increase in water demand of the development and do not correlate to impacts of new development on localized infrastructure. Consequently, the City’s water neutrality ordinance, while serving to limit increased water demand caused by new development, cannot be relied upon when making a technical determination as to sufficient water or sewer capacity for new development.

As a practical matter, a Capacity Study consists of data collected by monitoring water pressure and wastewater flows in the existing infrastructure in the vicinity of new proposed development as determined by Water Resources staff before new development is constructed to understand the baseline capacity of that infrastructure being used already.

Guidelines for the Capacity Studies will be published by the Water Resources Division and posted on the City’s website.

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A proposed draft of SMMC 7.12.180 to require water capacity studies for new developments is included in Attachment A.

A proposed draft of SMMC 7.04.880 to require wastewater capacity studies for new developments is included in Attachment B.

Environmental Review
The ordinances to require water and wastewater capacity studies for new developments are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) and Section 15308 of the CEQA Guidelines. The ordinances are covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment.” Section 15308 of the CEQA Guidelines exempts actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The ordinance changes would establish requirements to conduct water and wastewater capacity studies to ensure that existing water and wastewater infrastructure would not be adversely impacted by new developments. Therefore, the ordinances are exempt pursuant to Section 15061(b)(3) and Section 15308 of the CEQA guidelines.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future.

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

A. Draft Ordinance - SMMC 7.12.180 Water Capacity Study B. Draft Ordinance - SMMC 7.04.880 Wastewater Capacity Study C. Written Comments

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City Council Meeting October 10, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTION 7.12.180 OF THE SANTA MONICA

MUNICIPAL CODE TO REQUIRE WATER CAPACITY STUDIES FOR NEW

DEVELOPMENTS
WHEREAS, the City’s Department of Public Works- Water Resources Division is a retail water agency that provides potable water for New Development, as well as landscape irrigation and fire protection; and
WHEREAS, the City and its water infrastructure are largely built out, therefore, the domestic water supply infrastructure is already in place and generally fixed in nature; and WHEREAS, the City, to the extent practical, provides water service when sufficient water supply and distribution capacity is available to accommodate demand approved within the service area; and
WHEREAS, the City’s Water Resources seeks to amend this section of code to require all New Development in the City to conduct a Water Capacity Study to confirm that the available water infrastructure (e.g., the size of the water service laterals directly serving the property or adjacent water mains) has sufficient capacity to deliver water to the New Development or does not adversely impact existing users; identify what additional infrastructure is needed to provide adequate service for the New Development;

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Packet Pg. 943 Attachment: Draft Ordinance - SMMC 7.12.180 Water Capacity Study [Revision 6] (5832 : Water and Wastewater Capacity Study Ordinance (20 2 of 6
and ensure that the applicant for the New Development pays for the study as well as the additional infrastructure, if needed.

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

SECTION 1. Santa Monica Municipal Code Section 7.12.180 is hereby amended to read as follows:

7.12.180 Reserved Water Capacity Study Required for New Development. (a) Applicability. Except as provided in subparagraph (g), below, an applicant for New Development in the City shall conduct a Water Capacity Study to determine whether and to what extent additional local off-site water infrastructure improvements are necessary to serve the development. (b) Definitions.
i. “New Development”. For the purposes of implementing this Section, New Development means any new construction with water fixtures; any increase in gross floor area of an existing development with new water fixtures; and any subdivision of land, including lot splits. Without limiting the generality of the foregoing definition, new development includes the addition of an accessory dwelling unit, as defined in Section 9.31.025, but does not include the addition of a junior accessory dwelling unit, as defined in Section 9.31.025;

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Packet Pg. 944 Attachment: Draft Ordinance - SMMC 7.12.180 Water Capacity Study [Revision 6] (5832 : Water and Wastewater Capacity Study Ordinance (20 3 of 6
ii. “Adverse Impact” means the inability to provide adequate potable water service due to the size of the existing infrastructure compared with the demand for potable water service required to serve existing and/or New Development.
iii. “Water Capacity Study” means a hydraulic analysis of the City’s water distribution system to determine if the existing infrastructure could maintain reliable service to the New Development or if off-site improvements are required to serve the New Development. (c) Timing for Submittal of Study.
i. The need to conduct a Water Capacity Study for the New Development shall be confirmed before the planning application, including but not limited to Administrative Approval Application or application for Development Review Permit, is deemed complete by the City. The Water Capacity Study, if required, shall be completed based upon the guidelines published by the City’s Water Resources Manager and posted on the Water Resources Division website.
ii. If a Water Capacity Study is required for the New Development, the capacity study, findings of the capacity study, and the plans for any local off-site improvements required to serve the New Development shall be

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Packet Pg. 945 Attachment: Draft Ordinance - SMMC 7.12.180 Water Capacity Study [Revision 6] (5832 : Water and Wastewater Capacity Study Ordinance (20 4 of 6
completed before building plans are submitted for Building Permit Plan Check.
(d) Requirements for Off-Site Improvements. If the City’s Water Resources Manager or designee determines, based upon the Water Capacity Study results, that additional off-site infrastructure is required to satisfy the additional demand created by the New Development, then the applicant for the New Development shall be required to construct off-site infrastructure as necessary to accommodate the New Development. Required off-site improvements shall be confirmed at the time of Building Permit Plan Check. (e) The applicant for the New Development shall be responsible for paying all administrative fees (e.g., Water Study Review Fee) incurred by the City to review the Water Capacity Study.
(f) The Water Resources Manager may refuse water service in areas where the New Development will cause or contribute to creation of an Adverse Impact on the City’s water distribution infrastructure.
(g) Exemptions.
i. The City’s Director of Public Works may exempt an applicant or New Development from the requirements of this Section, upon showing by the

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Packet Pg. 946 Attachment: Draft Ordinance - SMMC 7.12.180 Water Capacity Study [Revision 6] (5832 : Water and Wastewater Capacity Study Ordinance (20 5 of 6
applicant that the requirements of this Section would cause undue hardship.
ii. For purposes herein, an “undue hardship” shall be found where imposition of the water capacity study and local off-site improvement requirements would deprive the applicant or New Development of all economically beneficial use of that site or otherwise be prohibited by applicable State or Federal law.
iii. An undue hardship application shall include all information necessary for the Director to make a finding of undue hardship, including, but not limited to, documentation showing the factual support for the claimed undue hardship.
iv. The Director may approve the undue hardship exemption application, in whole or in part, with or without conditions.
v. Any exemption granted by the Director is effective immediately.

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

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed

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Packet Pg. 947 Attachment: Draft Ordinance - SMMC 7.12.180 Water Capacity Study [Revision 6] (5832 : Water and Wastewater Capacity Study Ordinance (20 6 of 6
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:
_________________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 948 Attachment: Draft Ordinance - SMMC 7.12.180 Water Capacity Study [Revision 6] (5832 : Water and Wastewater Capacity Study Ordinance (20 1 of 6
City Council Meeting October 10, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 7.04.880 TO THE SANTA MONICA MUNICIPAL

CODE TO REQUIRE WASTEWATER CAPACITY STUDIES FOR NEW

DEVELOPMENTS
WHEREAS, the City’s Department of Public Works- Water Resources Division is responsible for all facilities that support the collection and conveyance of wastewater for safe collection and treatment; and
WHEREAS, the City and its wastewater infrastructure are largely built out, therefore, the wastewater collection infrastructure is already in place and generally fixed in nature; and
WHEREAS, the City, to the extent practical, will provide wastewater service when: 1) sufficient collection capacity is available to accommodate the demand approved by the City’s Water Resources Division within the service area and 2) the proposed development can be provided with wastewater collection services in a fashion that meets the City’s criteria as well as the City of Los Angeles’ criteria; and WHEREAS, the City currently collects and convey its wastewater to the City of Los Angeles’ Hyperion Treatment Plant as part of City of Los Angeles’ Amalgamated System; and

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Packet Pg. 949 Attachment: Draft Ordinance - SMMC 7.04.880 Wastewater Capacity Study [Revision 5] (5832 : Water and Wastewater Capacity Study Ordinance 2 of 6
WHEREAS, the City’s Water Resources Division seeks to add a new section of code to require all new multi-family, mixed-use, institutional, and commercial development in the City to conduct a wastewater capacity study to confirm available capacity and identify local off-site water infrastructure improvements that the applicant/developer is responsible for to serve the development.

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

SECTION 1. Santa Monica Municipal Code Section 7.04.880 is hereby added to read as follows:

7.04.880 Wastewater Capacity Study Required for New Development. (a) Applicability. Except as provided in subparagraph (g), below, an applicant for New Development in the City shall conduct a Wastewater Capacity Study to determine whether and to what extent additional local off-site wastewater infrastructure improvements are necessary to serve the development. (b) Definitions.
i. “New Development”. For the purposes of implementing this Section, New Development means any new construction with water fixtures; any increase in gross floor area of an existing development with new water fixtures; and any subdivision of land, including lot splits. Without limiting the generality of the foregoing definition, new development includes the addition of an accessory dwelling unit, as defined in Section 9.31.025, but

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Packet Pg. 950 Attachment: Draft Ordinance - SMMC 7.04.880 Wastewater Capacity Study [Revision 5] (5832 : Water and Wastewater Capacity Study Ordinance 3 of 6
does not include the addition of a junior accessory dwelling unit, as defined in Section 9.31.025;
ii. “Adverse Impact” means the inability to provide adequate wastewater collection service due to the size of the existing infrastructure compared with the demand for wastewater service required to serve existing and/or New Development.
iii. “Wastewater Capacity Study” means a hydraulic analysis of the City’s wastewater collection system to determine if the existing infrastructure could maintain reliable service to the New Development or if off-site improvements are required to serve the New Development. (c) Timing for Submittal of Study.
i. The need to conduct a Wastewater Capacity Study for the New Development shall be confirmed before the planning application, including but not limited to Administrative Approval Application or application for Development Review Permit, is deemed complete by the City. The Wastewater Capacity Study, if required, shall be completed based upon the guidelines published by the City’s Water Resources Manager and posted on the Water Resources Division website.

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Packet Pg. 951 Attachment: Draft Ordinance - SMMC 7.04.880 Wastewater Capacity Study [Revision 5] (5832 : Water and Wastewater Capacity Study Ordinance 4 of 6
ii. If a Wastewater Capacity Study is required for the New Development, the capacity study, findings of the capacity study, and the plans for any local off-site improvements required to serve the New Development shall be completed before building plans are submitted for Building Permit Plan Check.
(d) Requirements for Off-Site Improvements. If the City’s Water Resources Manager or designee determines, based upon the Wastewater Capacity Study results, that additional off-site infrastructure is required to satisfy the additional demand created by the New Development, then the applicant for the New Development shall be required to construct off-site infrastructure as necessary to accommodate the New Development. Required off-site improvements shall be confirmed at the time of Building Permit Plan Check. (e) The applicant for the New Development shall be responsible for paying all administrative fees (e.g., Sewer Study Review Fee) incurred by the City to review the Wastewater Capacity Study.
(f) The Water Resources Manager may refuse water service in areas where the New Development will cause or contribute to creation of an Adverse Impact on the City’s wastewater collection infrastructure.

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Packet Pg. 952 Attachment: Draft Ordinance - SMMC 7.04.880 Wastewater Capacity Study [Revision 5] (5832 : Water and Wastewater Capacity Study Ordinance 5 of 6
(g) Exemptions.
i. The City’s Director of Public Works may exempt an applicant or New Development from the requirements of this Section, upon showing by the applicant that the requirements of this Section would cause undue hardship.
ii. For purposes herein, an “undue hardship” shall be found where imposition of the water capacity study and local off-site improvement requirements would deprive the applicant or New Development of all economically beneficial use of that site or otherwise be prohibited by applicable State or Federal law.
iii. An undue hardship application shall include all information necessary for the Director to make a finding of undue hardship, including, but not limited to, documentation showing the factual support for the claimed undue hardship.
iv. The Director may approve the undue hardship exemption application, in whole or in part, with or without conditions.
v. Any exemption granted by the Director is effective immediately.

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.

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Packet Pg. 953 Attachment: Draft Ordinance - SMMC 7.04.880 Wastewater Capacity Study [Revision 5] (5832 : Water and Wastewater Capacity Study Ordinance 6 of 6
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

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

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

10.D.b
Packet Pg. 954 Attachment: Draft Ordinance - SMMC 7.04.880 Wastewater Capacity Study [Revision 5] (5832 : Water and Wastewater Capacity Study Ordinance 1 Xavier Mota
From: Marc Verville <[email protected]>
Sent: Saturday, October 7, 2023 6:03 PM
To: Gleam Davis; Caroline Torosis; Jesse Zwick; Phil Brock; Oscar de la Torre; Christine Parra; Lana Negrete
Cc: councilmtgitems
Subject: SMCC 10-10-2023 Item 10.D. - Introduction and First Reading of Water and Wastewater Capacity Study Ordinances

EXTERNAL
Dear City Council,
The staff report for this item does not menƟon any process to incorporate pending state water usage cutbacks that will be especially substanƟal in Southern California.

The AssociaƟon of California Water Agencies’ (ACWA) “Making ConservaƟon a California Way of Life” (MCACWOL) program implemented under the 2018 statutes AB 1668 and SB 606, would require urban retail water suppliers to meet an agency‐specific urban water use objecƟve starƟng in 2025.  In total, about 80% of water agencies in California will be forced to cut back within the next 12 years, according to state esƟmates.  It is esƟmated that larger proporƟonal cuts will be required in Southern California, where a drier climate generally yield greater water use.  In some cases in the state, reducƟons of more than 50% will be mandated by 2035.

This means that the City’s Water Neutrality ordinance will require ongoing adjustment to account for the state‐mandated cuts.  Cuts to Citywide usage to comply with the MCACWOL program will severely restrict, if not eliminate, the amount of water available for incremental new developments.  And these cuts will be phased in over Ɵme, compounding the problem of meeƟng the new lower standards as thousands of new housing units hit the city every year.  None of these issues are addressed in the staff report.

Moreover, the DraŌ Ordinance ‐ SMMC 7.04.880 Wastewater Capacity Study notes in §1.g.ii ExempƟons that if the requirements would stop development, then it can be approved regardless under “hardship”.  This effecƟvely negates any developer restricƟons.

Since the city has not objected to the nominal RHNA allocaƟon of 8,895 units, and since an overwhelming number of projects are being approved with an effecƟve 10% inclusionary rate, the actual number of units being contemplated by the city is 50,000 or more.  Water neutrality will be impossible by definiƟon.  ExisƟng residents will be required to substanƟally subsidize development’s impact on water demands by even steeper cuts than the state mandates.

ITEM 10.D.

October 10, 2023
ITEM 10.D.

October 10, 2023

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Packet Pg. 955 Attachment: Written Comments (5832 : Water and Wastewater Capacity Study Ordinance (20 mins)) 2 The absence of mechanisms in this item to address both the coming mandated state reducƟons and the effecƟve number of units the city is effecƟvely approving makes no sense.

This item must be reworked to provide clarity on how these significant risk issues will be addressed.

Respecƞully,
Marc Verville
Sunset Park
ITEM 10.D.

October 10, 2023
ITEM 10.D.

October 10, 2023

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Packet Pg. 956 Attachment: Written Comments (5832 : Water and Wastewater Capacity Study Ordinance (20 mins)) City Council
Report
City Council Meeting: October 10, 2023
Agenda Item: 16.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on 6/30/2025.

Prepared By: Xavier Mota, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Applicant List

16.A
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City of Santa Monica
Boards and Commissions Applicants
Disabilities Commission
Name Application Date
TOTAL APPLICANTS: 0

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Packet Pg. 958 Attachment: Applicant List (6054 : Appointment: Disabilities Comm. (2 mins) 16.B.) City Council
Report
City Council Meeting: October 10, 2023
Agenda Item: 16.B
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Recommendation to accept Cinzia Paganuzzi's resignation from the Disabilities Commission and authorize the City Clerk to publish the vacancy.

Prepared By: Xavier Mota, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Resignation Notice

16.B
Packet Pg. 959
From: Cinzia Paganuzzi <[email protected]> Sent: Monday, October 2, 2023 8:55 AM
To: Ivette Gomez <[email protected]>
Subject: Disability Concile Seat
Good Morning Ivette,
I don’t know whom to notify?
I Cinzia Paganuzzi can no longer serve as a counsel commissioner ? Due to health issues.

Please let me know whom I should notify?
Thank You,
Cinzia Paganuzzi

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Packet Pg. 960 Attachment: Resignation Notice (6055 : Resignation: C.Paganuzzi (2 Mins.)) City Council
Report
City Council Meeting: October 10, 2023
Agenda Item: 16.C
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Mayor Davis and Councilmembers Torosis and Zwick that the City Council support the Justice for Renters Act. The California Secretary of State has verified that the Justice for Renters Act has qualified for the November 2024 state ballot. The Justice for Renters Action is an initiative which will expand local control over rent laws by replacing The Costa-Hawkins Rental Housing Act. Costa Hawkins prohibits rent control on single-family homes, condominiums and rental units that were built after 1995. The Justice for Renters Act removes this ban on rent control in California, giving local communities the right to stabilize rents and make apartments more affordable for low-income and middle-income renters. Repealing Costa Hawkins will help local government address one of the root causes of homelessness-- skyrocketing rents and unaffordable housing. Mayor Davis and Councilmembers Torosis and Zwick also request that the City Manager issue a press release indicating the City Council’s support for the proposed ballot initiative and send a letter of support from the City to the Governor, Senator Ben Allen, Assemblymember Rick Zbur, and to the proponents of the Justice For Renters Act.

Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
Attachments:

A. Written Comments

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Packet Pg. 961
1 Xavier Mota
From: Angela Scott <[email protected]>
Sent: Saturday, October 7, 2023 1:15 PM
To: councilmtgitems; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: Item 16C - SUPPORT

EXTERNAL
Mayor Davis, Mayor Pro Tempore Negrete, Councilmembers Brock, Parra, de la Torre, Torosis, and Zwick, I am writing to express my strong support for Item 16C, which calls for the City Council's formal endorsement of the Justice for Renters Act ballot measure for the upcoming 2024 general election. Despite the gradual recovery from the global pandemic, the aftermath lingers, particularly evident in the ongoing affordable housing crisis.

The Justice for Renters Act is a crucial ballot initiative seeking to restore local control over rent control and stabilization policies. The State's acquisition of this authority, through the 1995 Costa‐Hawkins Rental Housing Act, has limited rent control applications on single‐family homes, condominiums, and rental units constructed after 1995.

This initiative, backed by 617,000 verified voters, addresses a significant contributor to homelessness: the rapid increase in rents outpacing wage growth. Endorsing this measure would empower cities like Santa Monica to implement policies that maintain affordability in our neighborhoods for both low‐income and middle‐income renters.

I strongly encourage you to vote YES on Item 16C and formally endorse the Justice for Renters Act. Your support will contribute to addressing the pressing issue of housing affordability, making a positive impact on our community.

Thank you for your attention to this critical matter.

Angela D. Scott
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

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Packet Pg. 962 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Lonnie Guinn <[email protected]>
Sent: Sunday, October 8, 2023 8:38 AM
To: councilmtgitems; Gleam Davis; Lana Negrete; Phil Brock; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick
Subject: Please Support Measure 16C and 16F

EXTERNAL
Mayor Davis, Mayor Pro Tempore Negrete, Councilmembers Brock, Parra, de la Torre, Torosis, and Zwick, The 2024 general election gives the State of California another chance to repeal the legislation (Costa Hawkins) that not only gutted valuable assets of rent control jurisdictions but, in combination with the Ellis Act, allowed situations like the current one at Barrington Plaza in West LA to take place. That repeal can happen with the passage of the Justice for Renters Act ballot measure.

Using their monied supporters, opponents will try to inundate voters with disinformation so it is very important that our City Council take action on Agenda Item 16C to support the Justice for Renters Act. Santa Monica was and is a leader in rent control but that leadership is nothing without clear support from those elected to lead us. This Council can send a message that we continue to advocate for lower rents so that we allow tenants to remain in their homes for as long as they wish, move within our City when life changes make it necessary, and be able to spend time enhancing their lives without an overextended rent burden.

Of course, the proactive measure to addressing homelessness begins with making sure people remain housed. It's interesting that housing providers rail about the homeless situation making Santa Monica less appealing and, yet, they continue to support policies that push more people to homelessness.

Repeal of Costa Hawkins doesn't automatically give California rent control. It doesn't threaten single family homes. It doesn't return rent control laws to pre‐Costa Hawkins levels. Instead, it offers jurisdictions across the state an opportunity, if they desire, to implement rent stabilization rules that best suit their needs.

Please vote YES to endorse the Justice for Renters Act.

And vote YES on Item 16F to support the Barrington Plaza tenants who are in a fight not only for their homes but in a fight for all renters against what happens when Costa Hawkins is used in conjunction with the Ellis Act.

Lonnie Guinn
Commissioner
Santa Monica Rent Control Board
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 963 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Santa Monicans for Renters' Rights <[email protected]> Sent: Monday, October 9, 2023 5:27 PM
To: Gleam Davis; Caroline Torosis; Jesse Zwick; Phil Brock; Oscar de la Torre; Lana Negrete; [email protected]; councilmtgitems
Subject: Item 16-C: Support the Justice for Renters Act Attachments: 231009 Item 16C Justice For Renters Act - SMRR Support.pdf

EXTERNAL
Dear Mayor and Councilmembers,
Attached please find a letter from SMRR in support of Item 16‐C on your 10‐10‐23 Agenda. Thank you.

ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 964 Attachment: Written Comments (6044 : Support Justice for Renters Act) October 9, 2023
To: Mayor Gleam Davis, Members of the Santa Monica City Council Re: Item 16-C, 10/10/23, Request for City Council Endorsement of the Justice for Renters Act Dear Councilmembers,
Santa Monicans for Renters’ Rights urges the Santa Monica City Council to adopt a resolution of support for the Justice for Renters Act scheduled for the November 2024 statewide ballot as proposed to you by Mayor Davis, and Councilmembers Torosis and Zwick. We urge that you convey that support to Governor Gavin Newsom, Senator Benjamin Allen and Assemblymember Rick Zbur, as well as to the campaign that qualified and will champion the Justice for Renters Act.

The objective of the Justice for Renters’ Act is to enable cities and counties that choose to adopt rent control laws to be able to do so free of state interference so that such laws might genuinely reflect local concerns and conditions in their local rental housing market, rather than the politics of Sacramento.

The intent of the Justice for Renters Act is made clear by its brevity: “The state may not limit the right of any city, county, or city and county to maintain, enact or expand residential rent control.”
The measure, if approved, will repeal the Costa-Hawkins Act of 1995, legislation enacted by the State of California that places onerous and self-defeating constraints on local cities and counties that elect to adopt rent control laws in California. These constraints severely limit the effectiveness of local rent control laws either as a tool for protecting renters or as a tool to ensure an affordable housing supply in a community over the long term.

Costa Hawkins prohibits rent control on rented single-family homes and condominiums and permanently exempts all new apartments built after 1995 from rent control. These provisions or variations were already reflected in most locally approved rent control laws in California but enshrining them in state law creates inflexibility and prevents consideration of special local circumstances.

Moreover, these provisions of Costa Hawkins are also overreaching. By permanently exempting all newly built rental units from any local rent control law, even after they have been operating for 15 or 20 years or more and are an older part of the housing stock, Costa Hawkins goes far beyond what was needed to ensure that rent control laws do not discourage new apartment development.

However, the provision of Costa Hawkins that is most pernicious and has the gravest consequences for our communities is the provision that requires every local rent control law to allow unlimited rent increases for any unit upon vacancy, so called “vacancy decontrol.” Vacancy decontrol has dramatically reduced the effectiveness of all locally adopted rent control laws, including Santa Monica’s, and over time leads to a hemorrhage of our supply of affordable housing.

ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 965 Attachment: Written Comments (6044 : Support Justice for Renters Act) A requirement for vacancy decontrol in all rent control laws in California has exacerbated our affordable housing crisis and contributed to an increase in homelessness throughout California.

Further, in times like today where market rents have soared in a short period of time to never before seen heights, whether because of a shortage of rental stock or a spike in demand fueled by other factors, a large disparity develops between rent controlled rents and uncontrolled market rents.

Under this circumstance there may be property owners, eager for the much higher potential rents, who employ pressure tactics and harassment to induce tenants to vacate their rent controlled units.

Such perverse incentives, we believe, are a contributing factor to the scale of the homeless problem in our communities.

The following chart illustrates the challenge as it has been manifested here in Santa Monica. 1 2 3
Median Maximum Allowable Rent
for 6083 Long-Term Rent Controlled
Units that have never been
vacancy decontrolled
Median Maximum Allowable Rent
for 20,519 Rent Controlled Units
that have been vacancy decontrolled
at least once since 1999
Median Initial Rent
for Rent Controlled Units
vacancy decontrolled in 2022
$1,082 $2,542 $2,777
Column 1 shows the median rents for the 6083 rent controlled units that have never been vacancy decontrolled because they are occupied by long term Santa Monica renters. This is 22% of all rent controlled units.

Column 2 shows the median rents for rent controlled units that have been vacancy decontrolled at least once since 1999, illustrating how Costa Hawkins has wiped out the affordability of most of our rental housing stock.

Column 3 shows the median initial rent for rent controlled units that have been vacancy decontrolled this year. These initial rents are nearly three times the rents paid by long term renters, most of whom are senior citizens. It demonstrates the scale of perverse incentive that vacancy decontrol creates for property owners to find a way to vacate a long term rent controlled unit.

We believe that such practices induced by the Costa-Hawkins provision for vacancy decontrol must be counted as potentially one cause of homelessness in California communities today.

We urge the Santa Monica City Council to vote to end these perverse incentives in our housing market by endorsing the Justice for Renters Act on the state ballot in California in November 2024.

Sincerely,
Denny Zane Mike Soloff
Co-Chair, Santa Monicans for Renters’ Rights Co-Chair, Santa Monicans for Renters’ Rights ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 966 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: [email protected]
Sent: Monday, October 9, 2023 7:08 PM
To: councilmtgitems
Cc: Gleam Davis; Lana Negrete; Christine Parra; Phil Brock; Oscar de la Torre; Caroline Torosis; Jesse Zwick
Subject: CC item 16C—Support the Justice for Renters Act

EXTERNAL
Hello Mayor Davis, Mayor Pro Tem Negrete, and esteemed City Councilmembers, Please vote to support the JusƟce for Renters Act. Overturning Costa Hawkins is crucial to reinstaƟng and protecƟng meaningful rent control in Santa Monica. Rent control that only applies to a single tenancy before being reset does not preserve local affordability. Nor do arbitrary carve outs that prohibit rent control for certain kinds and ages of housing.

The JusƟce for Renters Act is overdue and necessary for the health and sustainability of Santa Monica rental housing.

Please vote to support it.

Thank you for your consideraƟon.

Best wishes,
Michelle Gray
Santa Monica resident
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 967 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Dan Hall <[email protected]>
Sent: Monday, October 9, 2023 10:06 PM
To: councilmtgitems; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: Item 16C - SUPPORT

EXTERNAL
Mayor Davis, Mayor Pro Tempore Negrete, Councilmembers Brock, Parra, de la Torre, Torosis, and Zwick, I am writing in support of Item 16C, requesting the City Council formally endorse the Justice for Renters Act ballot measure for the 2024 general election.

The Justice for Renters Act is a ballot initiative which will allow Santa Monica to determine its own future for rent control for the needs of this community. This power was seized by the State through the 1995 Costa‐Hawkins Rental Housing Act, which prohibits rent control on all single‐family homes and condominiums and rental units built after 1995.

This critical initiative, supported by 617,000 verified voters, is needed to combat one of the root causes of homelessness in the state: rents rising faster than wages. This would allow cities like Santa Monica to implement locally designed policies to keep our neighborhoods more affordable for low income and middle‐income renters.

As we begin to implement our Housing Element and increase supply of housing, and as 2022's Measure GS increases our ability to subsidize affordable housing developments, we must also support stabilizing policies such as the repeal of Costa‐Hawkins to ensure our community remains diverse, families can financially plan for their future, and our seniors can age with dignity in their homes.

I urge you to vote YES on Item 16C and formally endorse the Justice for Renters Act.

Dan Hall
VP ‐ Political Action
Santa Monica Democratic Club
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 968 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: James Davidson <[email protected]>
Sent: Tuesday, October 10, 2023 8:54 AM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Additionally, the more low-cost housing the city builds or permits, the greater chance you would have the future support to restrict rent-control to a reasonable degree, creating a happy balance between property owners and residents. So invest and build first.

Thank you!
James Davidson
[email protected]
943 19th Street, Apt. 3
Santa Monica, California 90403
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 969 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Susan Sheu <[email protected]>
Sent: Tuesday, October 10, 2023 8:56 AM
To: councilmtgitems; Gleam Davis; Lana Negrete; Phil Brock; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick
Subject: Item 16C - SUPPORT

EXTERNAL
Dear Mayor Davis, Mayor Pro Tempore Negrete, Councilmembers Brock, Parra, de la Torre, Torosis, and Zwick:

I am wriƟng in support of Item 16C, requesƟng the City Council formally endorse the JusƟce for Renters Act ballot measure for the 2024 general elecƟon.

The JusƟce for Renters Act is a ballot iniƟaƟve which will return local control to rent control and stabilizaƟon policies.

This power was seized by the State through the 1995 Costa‐Hawkins Rental Housing Act, which prohibits rent control on all single‐family homes and condominiums and rental units built aŌer 1995.

This criƟcal iniƟaƟve, supported by 617,000 verified voters, is needed to combat one of the root causes of homelessness in the state: rents rising faster than wages. This would allow ciƟes like Santa Monica to implement policies to keep our neighborhoods more affordable for low income and middle‐income renters.

I urge you to vote YES on Item 16C and formally endorse the JusƟce for Renters Act.

Thank you.

Yours truly,
Susan Sheu
Santa Monica homeowner and public school parent California DemocraƟc Party delegate Regional Vice Chair of the Los Angeles County DemocraƟc Party
And
Brian Colker
Santa Monica homeowner and public school parent Business owner and InformaƟon Technology consultant California DemocraƟc Party delegate Founder and CFO of the Grassroots Democrats HQ ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 970 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Patricia Meyer <[email protected]>
Sent: Tuesday, October 10, 2023 8:58 AM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Patricia K. Meyer
30 year Santa Monica resident
Patricia Meyer
[email protected]
2319 Oak Street Apt #6,
Santa Monica, California 90405
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 971 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Steve Tarzynski <[email protected]>
Sent: Tuesday, October 10, 2023 9:01 AM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Steve Tarzynski
[email protected]
925 14th Street, No.24
Santa Monica, California 90403
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 972 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Zaira Salazer <[email protected]>
Sent: Tuesday, October 10, 2023 9:03 AM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Zaira Salazer
[email protected]
2842 Exposition Blvd
Santa Monica, California 90404
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 973 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Michael Etzel <[email protected]>
Sent: Tuesday, October 10, 2023 9:03 AM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Michael Etzel
[email protected]
2400 Beverley Ave , Apt 15
Santa monica, California 90405
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 974 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Cynthia Rose <[email protected]>
Sent: Tuesday, October 10, 2023 9:05 AM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Cynthia Rose
[email protected]
1453 Stanford Street #D
Santa Monica, California 90404
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 975 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Jennifer Swan <[email protected]>
Sent: Tuesday, October 10, 2023 9:39 AM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Jennifer Swan
[email protected]
224 South Venice Boulevard, Unit B
Venice, California 90291
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 976 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Caro Vilain <[email protected]>
Sent: Tuesday, October 10, 2023 9:41 AM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Caro Vilain
[email protected]
1410 15th st, APT 25
Santa Monica, California 90404
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 977 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Isabel Storey <[email protected]>
Sent: Tuesday, October 10, 2023 9:58 AM
To: councilmtgitems
Subject: Item 16C - Justice for Renters Act

EXTERNAL
Dear Mayor Davis, Mayor Pro Tempore Negrete,
Councilmembers Brock, Parra, de la Torre, Torosis, and
Zwick:

I am writing in support of Item 16C, requesting the City Council formally endorse the Justice for Renters Act ballot measure for the 2024 general election.

The Justice for Renters Act is a ballot initiative which will return local control to rent control and stabilization policies.

This power was seized by the State through the 1995 CostaHawkins Rental Housing Act, which prohibits rent control on all single-family homes and condominiums and rental units built after 1995.

This critical initiative, supported by 617,000 verified voters, is needed to combat one of the root causes of homelessness in the state: rents rising faster than wages. This would allow cities such as Santa Monica to implement policies to keep our neighborhoods more affordable for low income and middleincome renters.

I urge you to vote YES on Item 16C and formally endorse the Justice for Renters Act.

Thank you.

ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 978 Attachment: Written Comments (6044 : Support Justice for Renters Act) 2 Isabel Storey
Santa Monica resident
California Democratic Party Delegate
VP, Legislation, Santa Monica Democratic Club
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 979 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Ali Moghaddas <[email protected]>
Sent: Tuesday, October 10, 2023 10:14 AM
To: councilmtgitems
Subject: DO NOT SUPPORT JUSTICE FOR RENTERS ACT

EXTERNAL
Council Comments ,
Costa Hawkins Fair Housing Act was passed by California voters and should remain undisturbed. Propositions 10 and 21 were both defeated and resulted in millions of wasted dollars that could have otherwise been spent on preventing homelessness and other social issues.

This proposal will significantly hamper housing development and new construction, an already waning industry in these times of economic uncertainty. The proposal will ultimately work against preventing homelessness and affordable housing, the very issue it purports to support.

Please DO NOT support this ill-timed and short sighted proposal.

Ali Moghaddas
[email protected]
858 21st St
Santa Monica, California 90403
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 980 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Zachary Coil <[email protected]>
Sent: Tuesday, October 10, 2023 10:37 AM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Zachary Coil
[email protected]
1107 ocean park Blvd apt a
Santas Monica , California 90405
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 981 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Joanne Leslie <[email protected]>
Sent: Tuesday, October 10, 2023 10:45 AM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. We also need an easier process for people to build affordable ADU's and limitations to landlords converting to condos or AirBnB usage. I am concerned that Santa Monica be a town where people of all backgrounds and sociology-economic status can live together, which means we need affordable housing. I do NOT want to live in a town that effectively becomes a protected enclave for wealthy long term residents because no one else can afford to live here. Santa Monica has long been a leader in rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Joanne Leslie
Joanne Leslie
[email protected]
1351 Grant St.

Santa Monica, California 90405
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 982 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Laura Gillette <[email protected]>
Sent: Tuesday, October 10, 2023 11:14 AM
To: councilmtgitems
Subject: Item 16C - Support

EXTERNAL
Dear Mayor Davis, Mayor Pro Tempore Negrete, Councilmembers Brock, Parra, de la Torre, Torosis, and Zwick:

I am writing in support of Item 16C, requesting the City Council formally endorse the Justice for Renters Act ballot measure for the 2024 general election.

The Justice for Renters Act is a ballot initiative which will return local control to rent control and stabilization policies.

This power was seized by the State through the 1995 Costa‐Hawkins Rental Housing Act, which prohibits rent control on all single‐family homes and condominiums and rental units built after 1995.

This critical initiative, supported by 617,000 verified voters, is needed to combat one of the root causes of homelessness in the state: rents rising faster than wages. This would allow cities like Santa Monica to implement policies to keep our neighborhoods more affordable for low income and middle‐income renters.

I urge you to vote YES on Item 16C and formally endorse the Justice for Renters Act.

Thank you.

Yours truly,
Laura Gillette
22 year Santa Monica resident,
Climate Action Santa Monica (CASM) Advisory Boardmember ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 983 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Jon Katz <[email protected]>
Sent: Tuesday, October 10, 2023 11:29 AM
To: councilmtgitems
Cc: Gleam Davis; Lana Negrete; Phil Brock; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick
Subject: Item 16C - SUPPORT

EXTERNAL
Mayor Davis, Mayor Pro Tempore Negrete, and Councilmembers:

I am writing in my capacity as the President of the Santa Monica Democratic Club. Our Club has supported past ballot measures to repeal the Costa Hawkins Act and allow rent control in all jurisdictions of California. Last week, our Executive Board voted to recommend support of the Justice For Renters Act, and we expect our Membership to support the measure at next week's meeting overwhelmingly, as they did for the last two measures. As everyone on the Council is already aware, supporting and strengthening rent control is one of the crucial issues of importance to the leadership and membership of our Club because it reflects the residents of our City.

Rent control provided stability for me and my family to live in Santa Monica during good times and bad, including extended periods of unemployment, without fear of extreme raises in rent. That stability is why Santa Monica has been such a great place for renters to live and thrive over many decades regardless of the ups and downs of the economy.

In order to combat one of the root causes of homelessness, skyrocketing rents, the City of Santa Monica should support this ballot measure which would extend these opportunities to middle and low income renters both here in Santa Monica and across the state.

Thank you,
‐‐
Jon Katz | President, Santa Monica Democratic Club
[email protected]
cell: (215) 962‐4357
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 984 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Anastasia Foster <[email protected]>
Sent: Tuesday, October 10, 2023 11:37 AM
To: councilmtgitems
Subject: 16 C support

EXTERNAL
As a 7‐year elected member of the Rent Control Board, I can tell you that we opined openly what we might do if Costa‐ Hawkins was repealed.  We proposed to study common sense policies to fairly and evenly deal with the rent levels of vacant units, and we would have been able to stabilize rents in buildings built through the early 2000s with the tacit blessing of the developers, themselves, in the acknowledgment that this is a common and accepted practice in cities that can control buildings newer than Santa Monica can under Costa‐Hawkins.

A vote to support the Justice for Renters Act is a clear vote of support for our Renters and the stabilization of occupancy in our rental homes in Santa Monica and up and down the State of California in cities that vote on and choose to have rent control.

Thank you
‐‐
Anastasia Foster
Chair, Santa Monica Rent Control Board
Organizer, Schiff for Senate Campaign
Board of Directors, Meals on Wheels West
CADEM Credentials Committee Co‐Chair & Delegate ‐ AD51
CEPS Steering Committee
Franklin PTA Executive Committee
Facebook
Instagram
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 985 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Soloff, Michael <[email protected]>
Sent: Tuesday, October 10, 2023 11:41 AM
To: Gleam Davis; Caroline Torosis; Jesse Zwick; Phil Brock; Oscar de la Torre; Lana Negrete; [email protected]; councilmtgitems
Subject: Emailing: Mike Soloff Letter to Council on Item 16-C on City Council 10.10.23 Agenda.docx Attachments: Mike Soloff Letter to Council on Item 16-C on City Council 10.10.23 Agenda.docx

EXTERNAL
Please find aƩached my comments on item 16‐C on tonight's City Council agenda Mike Soloff
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 986 Attachment: Written Comments (6044 : Support Justice for Renters Act) October 10, 2023
To: Santa Monica City Council
Re: Item 16-C, 10/10/23, Request for City Council Endorsement of the Justice for Renters Act Dear Councilmembers:

As Mayor Davis and perhaps others of you know, on Friday September 29 I was struck by a vehicle while in the crosswalk across Ocean Avenue to Palisades Park that runs from the Northern corner of Marguerita Avenue. Phase I of my recovery and rehabilitation was at under the care of the trauma team and the orthopedic surgery unit at UCLA Ronald Reagan hospital. I am now in Phase II, inpatient intensive rehabilitation. As a result of this, I have not had a chance to focus on this item until now. However, this item is so important I wanted to share a few individual thoughts with you.

First, much of what I have to say is contained in the official SMRR letter you already have received.

Second, I want to emphasize just how pernicious the effect has been here in Santa Monica of Sacramento’s denial through Costa Hawkins of local control in setting rent control policies, and how hypocritical Sacramento has been in general with respect to its supposed commitment to supporting the maintenance and expansion of housing affordable to lower and moderate income households here in Santa Monica:

1. Here is what SMRR said about Costa Hawkins in its proposed Preface for the 2021- 2029 Housing Element, which SMRR sent to City Council on approximately 10/12/2021:

The most pernicious State policy has been the Costa Hawkins Rental Housing Act. Santa Monica had strict vacancy controls in place prior to State imposition of vacancy decontrol through Costa-Hawkins. Some 19,700 Santa Monica rent control units have turned over at least once after Costa-Hawkins went into full effect in 1999. In 1998, just prior to the implementation of Costa-Hawkins, more than 96% of those 19,700 units were affordable to lower and moderate income households (and some 84% were affordable to lower income households). But today, thanks to Costa-Hawkins’ prohibition of vacancy controls, less than 15% of those 19,700 units are still affordable to lower and moderate income households (and just 4% are still affordable to lower income households, primarily due to deed restrictions).17Therefore, while Santa Monica added approximately 1,900 deed-restricted affordable apartments during this same period through the expenditure of public resources and the City’s inclusionary zoning requirements,18 it still suffered a net loss of close to 15,000 units affordable to lower and moderate income households due to Costa-Hawkins. Replacing these close to 15,000 lost affordable rent controlled units with new deed-restricted affordable units would cost more than $10 billion.19
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 987 Attachment: Written Comments (6044 : Support Justice for Renters Act) 17 Santa Monica Rent Control Board 2019 Annual Report (2019 SMRCB Report”) at p. 19 & Fig. 21, available at
https://www.smgov.net/uploadedFiles/Departments/Rent_Control/Reports/Annual _Reports/2019
%20Annual%20Report%20FINAL.pdf.
18 See City of Santa Monica, FY 2018-2019 Summary Report of Multifamily Housing Production and Housing Trust Fund Financing at Appendix B (providing annual number of affordable housing units completed from FY 1998-1999 through FY 2018-2019), available through link at
http://santamonicacityca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&Meeti ngID=1226& MediaPosition=&ID=4052&CssClass=
19 This figure is derived by multiplying 15,000 units by the average projected per unit cost of three recently approved 100% affordable housing projects in Santa Monica that are being financed by a combination of loans from Santa Monica’s Housing Trust Fund and the Low Income Housing Tax Credit program administered by the State; namely, the 1413 Michigan Ave. project (5/9/19), the 1834/40/44/48 14th St. project (4/22/19), and the 1814 Pico project (2/11/19). Data regarding cost of these projects is available at https://www.santamonica.gov/housing-trust-funds.

2. While Costa Hawkins generally precludes new rent control on units built after 1995, it punishes cities that had already adopted rent control by not allowing them to impose new rent control on any units built after the date rent control was adopted in that city. Hence, Santa Monica has no ability to impose new rent control on buildings built after the adoption by the voters of the Rent Control Charter Amendment in 1979.

3. Sacramento’s hypocrisy in claiming it supports the placement of affordable housing in Santa Monica, while insisting on the maintenance of Costa Hawkins, is palpable:
a. At the same time that Sacramento has caused Santa Monica to lose a net 15,000 units affordable to lower and moderate income households through Costa-Hawkins, in 2012, Sacramento also took away—and never has done anything to replace—the primary ongoing funding source the City had used to create new deed-restricted affordable housing:
redevelopment funds (which came from providing a portion of the increased property taxes collected by the State in Santa Monica due to increasing local property values each year following the base year). While Sacramento required at least 20% of redevelopment funds go to supporting deed-restricted affordable housing, Santa Monica chose to devote close to 40% of its redevelopment funds to this purpose, which amounted to about $15 million per year when Sacramento eliminated the program in 2012. Thus Sacramento gained, and Santa Monica lost roughly $180 million in funds (actually far more as Santa Monica property values, and Sacramento’s cut of property taxes, has increased considerably since 2012) that Sacramento could have used—and Santa Monica would have use—to create housing affordable to lower and moderate income households in our City. But Sacramento has provided no meaningful alternative ongoing funding support for the creation of affordable housing in the City. Indeed, it was not until 2022 that Sacramento restored Statewide funding for affordable housing to levels in ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 988 Attachment: Written Comments (6044 : Support Justice for Renters Act) inflation adjusted dollars to the obviously inadequate maximum prior funding level (which occurred in 2009)
b. Sacramento has directed through RHNA that Santa Monica create over 6,000 deed-restricted affordable housing units during the 2021-2029 housing element purpose. As usual, Sacramento provides no increased resources for the City to use. But the point here is the hypocrisy of Sacramento insisting that the City create over 6,000 new deed-restricted affordable housing while at the same time assuring through Costa Hawkins that the roughly 6,000 remaining rent controlled units that have never had the vacancy increase required by Costa Hawkins—and so remain affordable to lower and moderate income households right now—all will become unaffordable as soon as the current tenant leaves and the rent is reset to current marked rates.
b. The very weak Statewide rent control that Sacramento managed to pass after negotiating with the California Apartment Association further illustrates the hypocrisy of Sacramento’s insistent on retaining Costa Hawkins ban on Santa Monica imposing any new rent control on units built after 1979. Statewide rent control—like Santa Monica’s 1979 Rent Control Charter amendment—exempts newly created rental units from rent control. But while Costa Hawkins absolutely precludes Santa Monica from ever imposing rent control on newly constructed units, Statewide rent control subjects newly constructed units to Statewide rent control after 15 years. As a result of that hypocrisy, Santa Monica was unable to extend to City residents in rental units built between 1980 and 2007 the protections contained in overwhelmingly voter approved Measure RC—i.e., assurance that the covered households would not face more than a 3% rent increase in 2012, the year of the massive inflation spike, or in any future year. Instead, due to Costa Hawkins, those Santa Monica renters instead had only the benefit of the Statewide rent control’s cap of 10% on their rent increases.

Third, to the extent Council can consider the common good, the Justice for Renters Act help the most vulnerable of our fellow Californians throughout the State. The following chart was shown at the Central Valley launch of the Justice for Renters Act campaign, which I personally attended in Visalia in August. It identifies the percentage rent increase California by city between March 31, 2021 and June 30, 2023 (in descending order from highest to lowest):

ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 989 Attachment: Written Comments (6044 : Support Justice for Renters Act) What you can see is renters in many cities without rent control have faced huge rent increases in the 3 years and three months since the start of the pandemic.. What you can also see is the lack of rent control hurts the most vulnerable Californians, For example, three of the top four cities with the highest rent inflation are located in the Central Valley—the poorest region of our State. Each of those three cities (Bakersfield, Visalia, and Fresno) have had at least 38% rent inflation from the pandemic through last June.

In short, Costa Hawkins has had a devastating impact on the ability of lower and moderate income households to live in Santa Monica and on the lives of the neediest of Californians.

Retention of Costa Hawkins usurpation of local control over rent control policy represents nothing more than Sacramento hypocrisy. Please vote to support the Justice for Renters Act.

ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 990 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Ellis Raskin <[email protected]>
Sent: Tuesday, October 10, 2023 11:42 AM
To: councilmtgitems; Gleam Davis; Lana Negrete; Phil Brock; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick
Cc: Clerk Mailbox; David White; Douglas Sloan; Denise Anderson-Warren Subject: Comments for Oct. 10, 2023 City Council Meeting Attachments: 2023-10-10 Ltr re Agenda Item 16-F.pdf; 2023-10-10 Ltr re Agenda Item 16-C.pdf; 2023-10-10 Ltr re Agenda Item 4-E.pdf

EXTERNAL
Dear Hon. Councilmembers:

Please find attached comment letters regarding agenda items 4‐E, 16‐C, and 16‐F.

Best,
Ellis Raskin
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 991 Attachment: Written Comments (6044 : Support Justice for Renters Act) October 10, 2023
Santa Monica City Council
c/o City Clerk
1685 Main St., Room 250
Santa Monica, CA 90401
RE: Agenda item 16-C (Justice for Renters Act)
Dear Hon. Councilmembers,
I urge you to support the Justice for Renters Act.

Rent burdens on City residents are unsustainable. For years, gentrification and displacement have pushed out countless City residents simply because they cannot afford to live in their homes. The Justice for Renters Act will help preserve our neighborhoods and ensure that future generations of City residents can afford to stay in our City. Please support this item.

Best,
Ellis Raskin
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 992 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Natalya Zernitskaya <[email protected]>
Sent: Tuesday, October 10, 2023 11:48 AM
To: councilmtgitems
Cc: Gleam Davis; Lana Negrete; Christine Parra; Oscar de la Torre; Phil Brock; Caroline Torosis; David White; Jesse Zwick; [email protected]
Subject: 10/10/23 City Council Agenda Items 16C and 16F

EXTERNAL
Re: Santa Monica City Council Agenda 10/10/2023 - Items 16C & 16F Dear Mayor Davis, Mayor Pro Tem Negrete, and City Councilmembers, I urge you to please support both Item 16C (for the City to formally support the Justice for Renters Act) and 16F (to adopt a resolution in support of the tenants of Barrington Plaza as they fight mass eviction). The reason I include both items in one email is because they are both about protecting tenants.

With regards to Item 16C, the “Request of Mayor Davis and Councilmembers Torosis and Zwick that the City Council support the Justice for Renters Act. The California Secretary of State has verified that the Justice for Renters Act has qualified for the November 2024 state ballot. The Justice for Renters Action is an initiative which will expand local control over rent laws by replacing The Costa-Hawkins Rental Housing Act. Costa Hawkins prohibits rent control on single-family homes, condominiums and rental units that were built after 1995. The Justice for Renters Act removes this ban on rent control in California, giving local communities the right to stabilize rents and make apartments more affordable for low-income and middle-income renters.

Repealing Costa Hawkins will help local government address one of the root causes of homelessness-- skyrocketing rents and unaffordable housing. Mayor Davis and Councilmembers Torosis and Zwick also request that the City Manager issue a press release indicating the City Council’s support for the proposed ballot initiative and send a letter of support from the City to the Governor, Senator Ben Allen, Assemblymember Rick Zbur, and to the proponents of the Justice For Renters Act.”, support of this ballot measure should be an easy yes vote given Santa Monica’s strong support of our rent control tenant protections and our limitations in expanding rent control protections for tenants due to the Costa-Hawkins Act of 1995.

With regards to Item 16F, the “Request of Councilmember Torosis, Mayor Davis and Councilmember Zwick that the City Council adopt a resolution in support of the tenants of Barrington Plaza as they fight mass eviction, and direct staff to send copies of the adopted resolution to the Barrington Plaza tenants' association, Los Angeles Mayor Karen Bass, the Los Angeles City Councilmember that represents the tenants of Barrington Plaza, and to Douglas Emmett Inc. headquartered in Santa Monica, and other parties as deemed appropriate.” , it is important for our City to show solidarity with the tenants of Barrington Plaza and send a strong signal that we oppose these types of actions not only in our own city borders but in our larger community as well. We support the fair and equitable treatment of all renters and we should not be afraid to voice that support.

Additionally both of items are supported by our City’s legislative priorities including:
 Support legislation that amends or repeals the Costa-Hawkins Rental Housing Act.  Support legislation that increases tenant protections and eliminates the incentive for property owners to remove rent control eligible properties from the rental market through the Ellis Act or other means Please vote yes on both Item 16-C and 16F.

ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 993 Attachment: Written Comments (6044 : Support Justice for Renters Act) 2 Sincerely,
Natalya Zernitskaya
Natalya Zernitskaya (she/her)
[email protected]
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 994 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Ted Winterer <[email protected]>
Sent: Tuesday, October 10, 2023 12:06 PM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Ted Winterer
[email protected]
639 Ozone Street
Santa Monica, California 90405
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 995 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Mia Joiner <[email protected]>
Sent: Tuesday, October 10, 2023 12:29 PM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Mia Joiner
[email protected]
1646 S Centinela Ave
Los Angeles, California 90025
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 996 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Leah Pressman <[email protected]>
Sent: Tuesday, October 10, 2023 1:34 PM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Leah Pressman
[email protected]
4262 Jasmine Avenue
Culver City, California 90232
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 997 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Miriam Alpern <[email protected]>
Sent: Tuesday, October 10, 2023 1:38 PM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Miriam Alpern
[email protected]
930 Euclid St., Apt. 303
Santa Monica, California
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 998 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Norman Williams <[email protected]>
Sent: Tuesday, October 10, 2023 9:03 PM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Norman Williams
[email protected]
1237 Berkeley Street
Santa Monica, California 90404
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 999 Attachment: Written Comments (6044 : Support Justice for Renters Act) 1 Xavier Mota
From: Catherine Gentile <[email protected]>
Sent: Tuesday, October 10, 2023 10:30 PM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Catherine Gentile
[email protected]
1128 Ocean Park Blvd., #312
Santa Monica, California 90405
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

16.C.a
Packet Pg. 1000 Attachment: Written Comments (6044 : Support Justice for Renters Act) City Council
Report
City Council Meeting: October 10, 2023
Agenda Item: 16.D
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Mayor Davis that the City waive application, administrative, and rental fees associated with the partial use of the parking lot on the Santa Monica Pier as well as Santa Monica Beach Parking Lot 1 North to support the City’s annual commemoration of Veterans Day honoring and celebrating all those who have served our country in the Armed Forces, being planned in coordination with the United States Army.

Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council

16.D
Packet Pg. 1001
City Council
Report
City Council Meeting: October 10, 2023
Agenda Item: 16.E
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Councilmembers Parra, de la Torre, and Mayor Pro Tem Negrete that the Council authorize the use of their travel funds to accept an invitation from the Embassy of El Salvador to visit the country from November 6-10, 2023. The agenda includes meeting the ambassador and various government officials to discuss public safety, education, and tourism as well as evaluating beach communities for future sister city partnerships.

Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
Attachments:

A. CC Travel Budget as of 10.3.23
B. Written Comments

16.E
Packet Pg. 1002
Councilmember
FY 2023-24
Revised
Budget
FY 2023-24
Actuals
FY 2022-23
Remaining
Budget
Phil Brock 8,498 2,311 6,187
Gleam Davis 8,498 22 8,476
Oscar de la Torre 8,498 - 8,498
Lana Negrete 8,498 1,788 6,710
Christine Parra 8,498 2,463 6,035
Caroline Torosis 8,498 1,114 7,384
Jesse Zwick 8,498 - 8,498
Grand Total 59,486 7,698 51,788
Councilmember Travel Budget Allocations
During Fiscal Year 2023-24 as of 10/3/23
10/3/2023

16.E.a
Packet Pg. 1003 Attachment: CC Travel Budget as of 10.3.23 (6057 : Approve travel funds to El Salvador) 1 Xavier Mota
From: Danielle Charney <[email protected]>
Sent: Monday, October 9, 2023 6:06 PM
To: councilmtgitems; Phil Brock; Christine Parra; Jesse Zwick; Lana Negrete; Oscar de la Torre; Gleam Davis; David White; [email protected]; Caroline Torosis; [email protected]
Subject: Item 16 E- OPPOSE /TRAVEL MONEY- NEEDED FOR OTHER THINGS

EXTERNAL
I am morally against the use of City funds for any of this when there is no money for needed services that are vital for residents. This is a vanity trip to a country because they invited us to promote themselves? Come on..

There is no money for hybrid meetings for our Housing Commission but we have money for this? I don't care if it's earmarked.. un‐earmark it and use it for something that benefits us all . Not this. Vote NO E. Request of Councilmembers Parra, de la Torre, and Mayor Pro Tem Negrete that the Council authorize the use of their travel funds to accept an invitation from the Embassy of El Salvador to visit the country from November 6-10, 2023. The agenda includes meeting the ambassador and various government officials to discuss public safety, education, and tourism as well as evaluating beach communities for future sister city partnerships.

Danielle Charney
ITEM 16.E.

October 10, 2023
ITEM 16.E.

October 10, 2023

16.E.b
Packet Pg. 1004 Attachment: Written Comments (6057 : Approve travel funds to El Salvador) City Council
Report
City Council Meeting: October 10, 2023
Agenda Item: 16.F
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Councilmember Torosis, Mayor Davis and Councilmember Zwick that the City Council adopt a resolution in support of the tenants of Barrington Plaza as they fight mass eviction, and direct staff to send copies of the adopted resolution to the Barrington Plaza tenants' association, Los Angeles Mayor Karen Bass, the Los Angeles City Councilmember that represents the tenants of Barrington Plaza, and to Douglas Emmett Inc. headquartered in Santa Monica, and other parties as deemed appropriate.

Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
Attachments:

A. Resolution protecting Barrington Plaza tenants (02)
B. Written Comments

16.F
Packet Pg. 1005
City Council Meeting: October 10, 2023 Santa Monica, California RESOLUTION NUMBER _____ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING

SUPPORT FOR THE BARRINGTON PLAZA TENANTS ASSOCIATION FACING MASS

EVICTION
WHEREAS, tenants of the 712-unit Barrington Plaza in West Los Angeles, the third largest complex of rental apartments subject to the City of Los Angeles’ Rent Stabilization Ordinance, are at risk of a mass eviction; and
WHEREAS, to prevent these evictions, the Barrington Plaza Tenants Association filed a lawsuit against the building’s owner, Douglas Emmett, Inc., headquartered in Santa Monica, California, on June 12, 2023; and
WHEREAS, if Douglas Emmett, Inc. the owner of Barrington Plaza, is to succeed in efforts to remove all tenants from the high-rise building, this would be the largest mass eviction in the City of Los Angeles since the Chavez Ravine evictions in the 1950s; and WHEREAS, this mass eviction of over 522 occupied units, and the subsequent removal of these units from the rental market will exacerbate market pressures for new rental units, inevitably placing upward pressure on rent prices in Santa Monica; and WHEREAS, Douglas Emmett, Inc. is invoking California’s Ellis Act – a 1985 law allowing landlords to remove rental units from the market to leave the rental business – to evict hundreds of families; and
WHEREAS, the owners of Barrington Plaza argue that the evictions are necessary to perform building upgrades, including the installation of fire sprinklers; and WHEREAS, the State of California and Los Angeles County in particular are already experiencing a severe housing crisis as the cost of living far outpaces wages and inflation; and WHEREAS, according to the California Housing Partnership, 521,596 low-income renter households in Los Angeles County do not have access to an affordable home; and WHEREAS, the purpose of the Ellis Act is to permit landlords to go out of the rental business, but the state does not require the owner to state their intended use of the property, and jurisdictions have limited tools for preventing the fraudulent use of Ellis and sham evictions; and
WHEREAS, according to the Coalition for Economic Survival (CES), since 2001, the Ellis Act has been invoked to evict 29,467 units in Los Angeles; and WHEREAS, the City of Santa Monica supports its residents, of which approximately 70% are renters, through the protection of rent stabilization and bolstering tenant rights in the city; and

16.F.a
Packet Pg. 1006 Attachment: Resolution protecting Barrington Plaza tenants (02) (6059 : Support tenants of Barrington Plaza) WHEREAS, this looming eviction is especially concerning for renters in Santa Monica, where Douglas Emmett, Inc. owns several large residential properties.

NOW, THEREFORE, BE IT RESOLVED THAT:

SECTION I. The City Council of the City of Santa Monica supports the tenants of Barrington Plaza as they fight eviction and attempt to save their homes.

SECTION II. The City Council of Santa Monica implores Barrington Plaza owner Douglas Emmett, Inc., a company headquartered in Santa Monica, to honor the City’s commitment to protecting renters’ rights by not evicting the tenants of Barrington Plaza and to use Los Angeles’ tenant habitability program for any needed repairs to temporarily relocate the tenants.

SECTION III. The City Council hereby directs the City Manager to transmit this resolution to the Barrington Plaza tenants' association, the Los Angeles City Councilmember that represents the tenants of Barrington Plaza, Los Angeles Mayor Karen Bass, and to Douglas Emmett, Inc. headquartered in Santa Monica, and other parties as deemed appropriate.

APPROVED AS TO FORM:

DOUGLAS SLOAN
City Attorney

16.F.a
Packet Pg. 1007 Attachment: Resolution protecting Barrington Plaza tenants (02) (6059 : Support tenants of Barrington Plaza) 1 Xavier Mota
From: Lonnie Guinn <[email protected]>
Sent: Sunday, October 8, 2023 8:38 AM
To: councilmtgitems; Gleam Davis; Lana Negrete; Phil Brock; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick
Subject: Please Support Measure 16C and 16F

EXTERNAL
Mayor Davis, Mayor Pro Tempore Negrete, Councilmembers Brock, Parra, de la Torre, Torosis, and Zwick, The 2024 general election gives the State of California another chance to repeal the legislation (Costa Hawkins) that not only gutted valuable assets of rent control jurisdictions but, in combination with the Ellis Act, allowed situations like the current one at Barrington Plaza in West LA to take place. That repeal can happen with the passage of the Justice for Renters Act ballot measure.

Using their monied supporters, opponents will try to inundate voters with disinformation so it is very important that our City Council take action on Agenda Item 16C to support the Justice for Renters Act. Santa Monica was and is a leader in rent control but that leadership is nothing without clear support from those elected to lead us. This Council can send a message that we continue to advocate for lower rents so that we allow tenants to remain in their homes for as long as they wish, move within our City when life changes make it necessary, and be able to spend time enhancing their lives without an overextended rent burden.

Of course, the proactive measure to addressing homelessness begins with making sure people remain housed. It's interesting that housing providers rail about the homeless situation making Santa Monica less appealing and, yet, they continue to support policies that push more people to homelessness.

Repeal of Costa Hawkins doesn't automatically give California rent control. It doesn't threaten single family homes. It doesn't return rent control laws to pre‐Costa Hawkins levels. Instead, it offers jurisdictions across the state an opportunity, if they desire, to implement rent stabilization rules that best suit their needs.

Please vote YES to endorse the Justice for Renters Act.

And vote YES on Item 16F to support the Barrington Plaza tenants who are in a fight not only for their homes but in a fight for all renters against what happens when Costa Hawkins is used in conjunction with the Ellis Act.

Lonnie Guinn
Commissioner
Santa Monica Rent Control Board
ITEM 16.F.

October 10, 2023
ITEM 16.F.

October 10, 2023

16.F.b
Packet Pg. 1008 Attachment: Written Comments (6059 : Support tenants of Barrington Plaza) 1 Xavier Mota
From: Santa Monicans for Renters' Rights <[email protected]> Sent: Monday, October 9, 2023 5:35 PM
To: Gleam Davis; Caroline Torosis; Jesse Zwick; Phil Brock; Lana Negrete; Oscar de la Torre; [email protected]; councilmtgitems
Subject: Item 16F, Agenda 10-10-23; Barrington Plaza Resolution

EXTERNAL
Dear Mayor and Councilmembers:

Santa Monicans for Renters' Rights (SMRR) urges you to adopt a resolution in support of the tenants of Barrington Plaza, as they fight mass eviction by the building's owner, Douglas Emmett Inc.

Corporate landlord Douglas Emmett Inc. is attempting to evict more than 500 rent-controlled tenants from the Barrington Plaza Apartments in West Los Angeles. Douglas Emmett Inc. also owns large rent-controlled apartment complexes in Santa Monica totalling 940 units, and has a corporate headquarters in our City.

Douglas Emmett Inc is using the Ellis Act (which allows owners to "go out of the rental housing business") to evict everyone, however they do not appear to be going out of the rental housing business at all -- just emptying the buildings to remodel them to add sprinkler systems, and, ultimately, higher income renters.

While the Barrington Plaza tenants have filed a lawsuit seeking to stop the evictions, we urge Councilmembers to act today in support of the tenants and against these threatened evictions, and issue a resolution. Once adopted, please direct staff to send copies of the resolution to the Barrington Plaza Tenants Association, LA Mayor Karen Bass, the LA Councilmember that represents the tenants of Barrington Plaza, and to Douglas Emmett Inc., headquartered in Santa Monica as well as any other parties deemed appropriate.

Thank you.

ITEM 16.F.

October 10, 2023
ITEM 16.F.

October 10, 2023

16.F.b
Packet Pg. 1009 Attachment: Written Comments (6059 : Support tenants of Barrington Plaza) 1 Xavier Mota
From: Jon Katz <[email protected]>
Sent: Tuesday, October 10, 2023 11:39 AM
To: councilmtgitems
Cc: Gleam Davis; Lana Negrete; Phil Brock; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick
Subject: Item 16F - SUPPORT

EXTERNAL
Mayor Davis, Mayor Pro Tempore Negrete, and Councilmembers:

Please support the resolution supporting tenants of Barrington Plaza who are facing the threat of mass eviction from their homes. This building sits just on the other side of our city line, meaning that the potential mass displacement could have a major effect on our City, including a likely increase to our unhoused population.

I joined a protest of this eviction on Ocean Avenue in front of the headquarters of Douglas Emmett, Inc. which owns this property. During the protest, I witnessed about a dozen individuals from the company management come out to the street level to mock the protesters, including making lewd hand gestures, eye rolls, and over the top cynical laughter.

Their callous indifference to the fate of their own tenants redoubled my own commitment to making sure this eviction does not take place.

There is no real reason to evict all of these tenants for the reasons stated. The needed repairs can happen while the tenants remain in their units. The true reason for this eviction is so that Douglas Emmett Inc can bring in new tenants at higher rates of rent. These potential increased profits should not dictate the fates of hundreds of tenants whose housing security is on the line.

Thank you for your consideration. Please do the right thing by supporting our neighbors. ‐‐
Jon Katz
[email protected]
cell: (215) 962‐4357
ITEM 16.F.

October 10, 2023
ITEM 16.F.

October 10, 2023

16.F.b
Packet Pg. 1010 Attachment: Written Comments (6059 : Support tenants of Barrington Plaza) 1 Xavier Mota
From: Anastasia Foster <[email protected]>
Sent: Tuesday, October 10, 2023 11:40 AM
To: councilmtgitems
Subject: 16 f Support

EXTERNAL
Please support the tenants of Barrington Plaza with this Resolution.  This move to empty the building just to renovate it is a clear threat to the stability of our own housing stock in Santa Monica and throughout California.

Thank you
‐‐
Anastasia Foster
Chair, Santa Monica Rent Control Board
Organizer, Schiff for Senate Campaign
Board of Directors, Meals on Wheels West
CADEM Credentials Committee Co‐Chair & Delegate ‐ AD51
CEPS Steering Committee
Franklin PTA Executive Committee
Facebook
Instagram
ITEM 16.F.

October 10, 2023
ITEM 16.F.

October 10, 2023

16.F.b
Packet Pg. 1011 Attachment: Written Comments (6059 : Support tenants of Barrington Plaza) 1 Xavier Mota
From: Ellis Raskin <[email protected]>
Sent: Tuesday, October 10, 2023 11:42 AM
To: councilmtgitems; Gleam Davis; Lana Negrete; Phil Brock; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick
Cc: Clerk Mailbox; David White; Douglas Sloan; Denise Anderson-Warren Subject: Comments for Oct. 10, 2023 City Council Meeting Attachments: 2023-10-10 Ltr re Agenda Item 16-F.pdf; 2023-10-10 Ltr re Agenda Item 16-C.pdf; 2023-10-10 Ltr re Agenda Item 4-E.pdf

EXTERNAL
Dear Hon. Councilmembers:

Please find attached comment letters regarding agenda items 4‐E, 16‐C, and 16‐F.

Best,
Ellis Raskin
ITEM 16.F.

October 10, 2023
ITEM 16.F.

October 10, 2023

16.F.b
Packet Pg. 1012 Attachment: Written Comments (6059 : Support tenants of Barrington Plaza) October 10, 2023
Santa Monica City Council
c/o City Clerk
1685 Main St., Room 250
Santa Monica, CA 90401
RE: Agenda item 16-F (Support for Barrington Plaza Residents) Dear Hon. Councilmembers,
I urge you to vote in favor of the proposed resolution in support of the residents of Barrington Plaza. As you know, this would be the largest mass eviction in the City of Los Angeles since the Chavez Ravine evictions in the 1950s.

Evicting the residents of Barrington Plaza would be a catastrophe. It is important to remember that these evictions will not only have impacts on the housing market – there will be human health impacts. Public health experts, sociological experts, and other public policy experts have published numerous articles, studies, and reports documenting the adverse environmental and human health effects caused by (and associated with) housing displacement.1 Please support this item.

Best,
Ellis Raskin
1 See, e.g.:
• Community-level Effects of Displacement:
http://www.urban.org/sites/default/files/publication/52311/900936-Community-level-Effects-ofDisplacement.pdf • Bay Area Regional Health Inequities Initiative Analysis of Displacement Impacts: http://barhii.org/wpcontent/uploads/2016/02/BARHII-displacement-brief.pdf • Homelessness and its Effects on Children: http://www.fhfund.org/wpcontent/uploads/2014/10/Homlessness_Effects_Children.pdf • Housing Displacement and Health: http://www.rph.org.nz/content/72b908b8-f8d7-4a17-ad8a6e25a97f4876.cmr • Can Curbing Gentrification Help Stop Climate Change?: http://theweek.com/articles/680154/curbinggentrification-help-stop-climate-change • Homelessness and Housing Instability: The Impact on Education Outcomes:
https://www.tacomahousing.net/sites/default/files/print_pdf/Education/Urban%20Institute%20THA%20Ho melessness%20and%20Education%202014-12-22.pdf
• Serial Forced Displacement in American Cities:
https://www.researchgate.net/publication/51161188_Serial_Forced_Displacement_in_American_Cities_19 16-2010
ITEM 16.F.

October 10, 2023
ITEM 16.F.

October 10, 2023

16.F.b
Packet Pg. 1013 Attachment: Written Comments (6059 : Support tenants of Barrington Plaza) 1 Xavier Mota
From: Natalya Zernitskaya <[email protected]>
Sent: Tuesday, October 10, 2023 11:48 AM
To: councilmtgitems
Cc: Gleam Davis; Lana Negrete; Christine Parra; Oscar de la Torre; Phil Brock; Caroline Torosis; David White; Jesse Zwick; [email protected]
Subject: 10/10/23 City Council Agenda Items 16C and 16F

EXTERNAL
Re: Santa Monica City Council Agenda 10/10/2023 - Items 16C & 16F Dear Mayor Davis, Mayor Pro Tem Negrete, and City Councilmembers, I urge you to please support both Item 16C (for the City to formally support the Justice for Renters Act) and 16F (to adopt a resolution in support of the tenants of Barrington Plaza as they fight mass eviction). The reason I include both items in one email is because they are both about protecting tenants.

With regards to Item 16C, the “Request of Mayor Davis and Councilmembers Torosis and Zwick that the City Council support the Justice for Renters Act. The California Secretary of State has verified that the Justice for Renters Act has qualified for the November 2024 state ballot. The Justice for Renters Action is an initiative which will expand local control over rent laws by replacing The Costa-Hawkins Rental Housing Act. Costa Hawkins prohibits rent control on single-family homes, condominiums and rental units that were built after 1995. The Justice for Renters Act removes this ban on rent control in California, giving local communities the right to stabilize rents and make apartments more affordable for low-income and middle-income renters.

Repealing Costa Hawkins will help local government address one of the root causes of homelessness-- skyrocketing rents and unaffordable housing. Mayor Davis and Councilmembers Torosis and Zwick also request that the City Manager issue a press release indicating the City Council’s support for the proposed ballot initiative and send a letter of support from the City to the Governor, Senator Ben Allen, Assemblymember Rick Zbur, and to the proponents of the Justice For Renters Act.”, support of this ballot measure should be an easy yes vote given Santa Monica’s strong support of our rent control tenant protections and our limitations in expanding rent control protections for tenants due to the Costa-Hawkins Act of 1995.

With regards to Item 16F, the “Request of Councilmember Torosis, Mayor Davis and Councilmember Zwick that the City Council adopt a resolution in support of the tenants of Barrington Plaza as they fight mass eviction, and direct staff to send copies of the adopted resolution to the Barrington Plaza tenants' association, Los Angeles Mayor Karen Bass, the Los Angeles City Councilmember that represents the tenants of Barrington Plaza, and to Douglas Emmett Inc. headquartered in Santa Monica, and other parties as deemed appropriate.” , it is important for our City to show solidarity with the tenants of Barrington Plaza and send a strong signal that we oppose these types of actions not only in our own city borders but in our larger community as well. We support the fair and equitable treatment of all renters and we should not be afraid to voice that support.

Additionally both of items are supported by our City’s legislative priorities including:
 Support legislation that amends or repeals the Costa-Hawkins Rental Housing Act.  Support legislation that increases tenant protections and eliminates the incentive for property owners to remove rent control eligible properties from the rental market through the Ellis Act or other means Please vote yes on both Item 16-C and 16F.

ITEM 16.F.

October 10, 2023
ITEM 16.F.

October 10, 2023

16.F.b
Packet Pg. 1014 Attachment: Written Comments (6059 : Support tenants of Barrington Plaza) 2 Sincerely,
Natalya Zernitskaya
Natalya Zernitskaya (she/her)
[email protected]
ITEM 16.F.

October 10, 2023
ITEM 16.F.

October 10, 2023

16.F.b
Packet Pg. 1015 Attachment: Written Comments (6059 : Support tenants of Barrington Plaza) 1 Xavier Mota
From: Dan Hall <[email protected]>
Sent: Tuesday, October 10, 2023 11:57 AM
To: councilmtgitems
Cc: Caroline Torosis; Christine Parra; Gleam Davis; Lana Negrete; Oscar de la Torre; Phil Brock; Jesse Zwick
Subject: Item 16F - SUPPORT

EXTERNAL
Mayor Davis, Mayor Pro Tempore Negrete, and Council:

Please support Item 16F to add our community’s collective voice in support of the tenants at Barrington Plaza who are being wrongfully evicted.

This is in line with your stated legislative priorities, specifically supporting legislation that eliminates the incentive for property owners to remove rent control properties through the Ellis Act.

Thank you,
Dan Hall
ITEM 16.F.

October 10, 2023
ITEM 16.F.

October 10, 2023

16.F.b
Packet Pg. 1016 Attachment: Written Comments (6059 : Support tenants of Barrington Plaza) City Council
Report
City Council Meeting: October 10, 2023
Agenda Item: 16.G
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Councilmember Zwick, Councilmember Torosis and Mayor Davis that the City of Santa Monica support AB 1033 (Ting) and, upon the governor’s signature, draft a local ordinance to allow the separate conveyance of the primary dwelling unit and ADU or ADUs as condominiums.

Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council

16.G
Packet Pg. 1017
City Council
Report
City Council Meeting: October 10, 2023
Agenda Item: 16.H
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Councilmember Brock that the City Attorney and City Manager consider developing and evaluate the impacts of an ordinance prohibiting the manufacture, sale, and/or installation of engineered countertops in Santa Monica. The fabrication of engineered countertops releases silica dust, and inhalation of silica dust can cause silicosis, a serious and deadly disease. On June 6, 2023, the Los Angeles County Board of Supervisors adopted a motion instructing the Director of Public Health to report on options to ban the sale, fabrication, and installation of silica fabricated stone in Los Angeles County. In addition, the California Division of Occupational Safety and Health has indicated that they will develop workplace standards for workers who handle engineered stone. Prior to developing a local ordinance, the City Attorney and City Manager are being asked to consider the findings of the Los Angeles County Director of Public health and standards developed by Cal/OSHA to determine its feasibility.

Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
Attachments:

A. Written Comments

16.H
Packet Pg. 1018
1 Xavier Mota
From: Gina Gribow <[email protected]>
Sent: Tuesday, October 10, 2023 4:17 PM
To: Denise Anderson-Warren
Cc: councilmtgitems
Subject: Item 16H - Delay Discussion Until County Report Back Attachments: Stone Coalition Letter re Item 16H 10.10.pdf

EXTERNAL
Denise,
AƩached please find a leƩer from the Stone CoaliƟon in relaƟon to Item 16H on tonight’s agenda. This has been circulated to the City Councilmembers.

All the best,
Gina Gribow
Gina Gribow
Senior Vice President
[email protected]
Office: 213.741.1500 x547
Cell: 925.999.5896
2335 E. Colorado Blvd., Suite 115
Pasadena, CA 91107
www.ekapr.com
ITEM 16.H.

October 10, 2023
ITEM 16.H.

October 10, 2023

16.H.a
Packet Pg. 1019 Attachment: Written Comments (6064 : Engineered countertop impact ordinance) October 10, 2023
Subject: Item 16H – Delay Discussion Until County Report Back Dear Santa Monica City Councilmembers,
On behalf of the Stone Coalition, a group of stone fabricators, manufacturers, and other members of the stone industry, we write to express our shared support for workplace safety practices in the stone cutting and fabrication industry in Los Angeles County. Before taking any action on this important issue, we urge you to wait for the County’s Department of Public Health to finalize its report and recommendations.

To provide you with some context on the stone industry, it is not unlike the building industry in general—worker safety and health is of critical importance to the stone industry. The issue at hand is not a product issue, but rather a fabrication process issue that applies to all silica-containing products, including all stone products. Because of this, we must address the root cause of the fabrication process issue: employers must ensure all necessary safety rules are followed to protect their workers’ health and safety. As recently explained by Cal/OSHA, “Silicosis in the Stone Fabrication Industry is Preventable. Exposures to RCS [respirable crystalline silica] and resulting disease and deaths are completely preventable through the use of well-established industrial hygiene controls.” Compliance with these well-established industrial hygiene requirements is essential, and, in particular, we strongly support all efforts to completely eliminate any practice of dry-cutting, dry-grinding, and dry-sanding of any stone product.

Stone products are safely handled and worked on every day, including in Los Angeles County, and silica is present in a wide range of other building products. Although many fabrication companies throughout the United States provide safe working conditions and insist on adherence to safety rules and regulations, our group continues to support efforts to ensure that all fabricators consistently adhere to the rules and regulations to protect all stone workers. Specifically, fabrication employers must provide effective wet cutting methods, training, air monitoring and adherence to air quality requirements, engineering air handling controls, personal protective equipment (PPE), and medical surveillance in compliance with OSHA regulations.

The Stone Coalition is committed to supporting safe workplace practices for processing stone and providing access to resources and education about required work practices to safely cut, fabricate and polish all types of stone. We are also available to support the development and distribution of targeted multilingual outreach and education materials and messaging. At the stone industry’s institute, the Natural Stone Institute, we have many education, training and certification opportunities available to all stone industry fabricators.

Stone products, including engineered stone, have been manufactured and fabricated safely for decades—a potential ban focusing on the products does not address the primary issue of worker safety, which relates to the fabrication of all stone products. The Los Angeles County Department of Public Works’ report dated July 25, 2023 likewise focuses on ensuring workplace safety through the enforcement of rules and regulations, as opposed to focusing on specific products. Moreover, it is ITEM 16.H.

October 10, 2023
ITEM 16.H.

October 10, 2023

16.H.a
Packet Pg. 1020 Attachment: Written Comments (6064 : Engineered countertop impact ordinance) worth noting that silica containing stone is a versatile material widely used in various construction and design projects. Its durability, aesthetics, and cost-effectiveness make it a preferred choice for many homeowners, builders, and architects.

The Stone Coalition has been working hand in hand with both the County and the State to serve as a resource for stone fabrication discussions. As we have shared with both the County and the State, we recommend an approach that prioritizes adherence to OSHA requirements and regulations, all safety protocols and rules, necessary air testing and air quality compliance, the mandatory use of appropriate PPE when required, and the elimination of the process of dry-cutting for all stone products. Further, we recommend pragmatic solutions that prioritize worker safety and safeguard the livelihoods of members of the stone industry. Effective solutions may include: increased promotion and education, formal certification programs, and stricter oversight and enforcement of existing safety standards including the elimination of all dry-cutting of stone products.

In addition to the County and the State focusing efforts on workplace safety, the Occupational Safety and Health Administration (OSHA) at the federal level is also doubling down on its efforts. Specifically, OSHA has recently introduced “a new inspection initiative that will focus on conducting enhanced enforcement and compliance assistance efforts in the engineered stone fabrication and installation industries. A primary goal of this initiative will be to prioritize OSHA inspection activities in workplaces where workers are typically exposed to high levels of silica, and to identify hazards and ensure prompt abatement.” The Stone Coalition applauds and fully supports OSHA’s new inspection initiative.

As the County’s Department of Public Health is slated to publish its report in a few short weeks, we would appreciate the City of Santa Monica waiting to take any action until then. By fostering a culture of safety and employer responsibility, we know we can protect workers while preserving workers in Los Angeles County’s ability to continue to participate in the stone industry.

Sincerely,
James A. (Jim) Hieb, CAE
Chief Executive Officer
Natural Stone Institute
Marty Davis
CEO, Cambria
Nate Kolenski
President
Block Tops, Inc
Matthew Kahny
President, Dal-Tile
ITEM 16.H.

October 10, 2023
ITEM 16.H.

October 10, 2023

16.H.a
Packet Pg. 1021 Attachment: Written Comments (6064 : Engineered countertop impact ordinance) City Council
Report
City Council Meeting: October 10, 2023
Agenda Item: 16.I
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Councilmember Zwick that the Council authorize use of his travel funds to cover the registration fees and travel expenses associated with attending the YIMBYtown Annual Conference to be held February 26-28, 2024 in Austin, TX.

Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
Attachments:

A. CC Travel Budget as of 10.3.23
B. Written Comments

16.I
Packet Pg. 1022
Councilmember
FY 2023-24
Revised
Budget
FY 2023-24
Actuals
FY 2022-23
Remaining
Budget
Phil Brock 8,498 2,311 6,187
Gleam Davis 8,498 22 8,476
Oscar de la Torre 8,498 - 8,498
Lana Negrete 8,498 1,788 6,710
Christine Parra 8,498 2,463 6,035
Caroline Torosis 8,498 1,114 7,384
Jesse Zwick 8,498 - 8,498
Grand Total 59,486 7,698 51,788
Councilmember Travel Budget Allocations
During Fiscal Year 2023-24 as of 10/3/23
10/3/2023

16.I.a
Packet Pg. 1023 Attachment: CC Travel Budget as of 10.3.23 (6065 : Approve travel funds for Austin, TX) 1 Xavier Mota
From: Ann Hoover <[email protected]>
Sent: Monday, October 9, 2023 4:59 PM
To: councilmtgitems; Gleam Davis; Phil Brock; Caroline Torosis; Lana Negrete; Christine Parra; Oscar de la Torre; Jesse Zwick; Denise Anderson-Warren
Cc: David White; Douglas Sloan; Susan Cline; Susan Cola; David Martin; Jing Yeo; Roxanne Tanemori Subject: City Council Meeting October 10, 2023 - Item 16. I. - OPPOSE

EXTERNAL
Dear Mayor Davis and Esteemed Councilmembers:

Please deny Councilmember Zwick's request to use his travel funds to cover the registration fees and travel expenses associated with attending the YIMBYtown Annual Conference to be held February 26-28, 2024 in Austin, TX.

This request demonstrates disrespect for the ongoing debate around outsized and excessive market rate housing development in Santa Monica and its impacts on the City's financial health, infrastructure, emergency response, unique character, and many other public resources.

Councilmember Zwick should not be allowed to use our public money to pay for such an ideologically controversial and overtly political experience, and one which is completely unnecessary to doing his job as a Councilmember.

Thank you for your consideration.

Sincerely,
Ann Bowman
Resident, 27 years
I. Request of Councilmember Zwick that the Council authorize use of his travel funds to cover the registration fees and travel expenses associated with attending the YIMBYtown Annual Conference to be held February 26-28, 2024 in Austin, TX.

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New item Received 10/5/2023
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Report
Printout
a. CC
Travel
Budget
as of

10.3.23 ITEM 16.I.

October 10, 2023
ITEM 16.I.

October 10, 2023

16.I.b
Packet Pg. 1024 Attachment: Written Comments (6065 : Approve travel funds for Austin, TX) 1 Xavier Mota
From: Xavier Mota
Sent: Tuesday, October 10, 2023 4:13 PM
To: councilmtgitems
Subject: FW: 16 I OPPOSE ZWICK ATTENDING YIMBY. ON CITY MONEY From: Christine Parra <[email protected]> Sent: Tuesday, October 10, 2023 3:01 PM
To: Xavier Mota <[email protected]>
Subject: FW: 16 I OPPOSE ZWICK ATTENDING YIMBY. ON CITY MONEY Hi Xavier,
I think you missed this written comment. It was sent by Danielle minutes before she sent the one about 16‐E which you did include in the written comments that you posted and sent to us.

Thanks!
Christine Parra
Councilmember
santamonica.gov
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Subscribe to City of Santa Monica Email Updates
From: Danielle Charney
Sent: Monday, October 9, 2023 5:55 PM
To: [email protected]; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; David White; Oscar de la Torre; [email protected]; Caroline Torosis; Gleam Davis Subject: 16 I OPPOSE ZWICK ATTENDING YIMBY. ON CITY MONEY

EXTERNAL
WHAT ???
Ureal hubris by this son of a multi hundred millionaire going anywhere on our dime but never to YIMBY..

ITEM 16.I.

October 10, 2023
ITEM 16.I.

October 10, 2023

16.I.b
Packet Pg. 1025 Attachment: Written Comments (6065 : Approve travel funds for Austin, TX) 2 How sneaky to slip this in ... use your own money Zwick‐ ‐you voted no money for hybrid meetings for the Housing Commission ‐ if your friend Camner were still on it I bet you would pay for it yourself ‐ you want to go to this ‐ pay for it yourself ‐ and no way you represent this town at it...

I. Request of Councilmember Zwick that the Council authorize use of his travel funds to cover the registration fees and travel expenses associated with attending the YIMBYtown Annual Conference to be held February 26-28, 2024 in Austin, TX. New item Received 10/5/2023 Danielle Charney
This is freaking unreal
ITEM 16.I.

October 10, 2023
ITEM 16.I.

October 10, 2023

16.I.b
Packet Pg. 1026 Attachment: Written Comments (6065 : Approve travel funds for Austin, TX) City Council
Report
City Council Meeting: October 10, 2023
Agenda Item: 16.J
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Appointments to two unscheduled vacancies on the Housing Commission for terms ending on 6/30/2024 and 6/30/2026.

Prepared By: Xavier Mota, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Applicant List
B. Written Comments

16.J
Packet Pg. 1027
City of Santa Monica
Boards and Commissions Applicants
Housing Commission
Name Application Date
Finley, Sheila A.

Gordon, Gail
Gudgel, Timothy W.

Ha, Edmund
Hixon, Shane
Wells, Analise
07/06/2023
10/04/2023
09/15/2023
10/03/2023
08/22/2023
09/20/2023
TOTAL APPLICANTS: 6

16.J.a
Packet Pg. 1028 Attachment: Applicant List [Revision 1] (6053 : Appointments: Housing Comms. (5 mins.)) 1 Xavier Mota
From: Danielle Charney <[email protected]>
Sent: Monday, October 9, 2023 6:45 PM
To: [email protected]; Phil Brock; Jesse Zwick; Lana Negrete; Oscar de la Torre; Christine Parra; David White; [email protected]; Caroline Torosis; Gleam Davis; councilmtgitems Subject: Item 16 J. SUPPORT GORDON AND WELLS FOR HOUSING COMMISSION

EXTERNAL

EVERYONE,
We must not appoint those with ties to special interest groups, real estate developers and foreign syndicators.

We must appoint those who think clearly, have a real stake in our City and have proven it over time. We cannot afford anything less.

Please only support Gail Gordon and Analise Wells for Housing Commission.

Gail is teacher, 30 year resident and a Mom & Pop landlord.  She is what we need more of.  She volunteers at creative venues and has community experience.

Analise is a Born SM native of the Pico area ,with and education in public policy  and a deep interest in fair housing issues. She is 35 years old and brings fresh eyes and energy to our City and it's diverse needs.

Both these women bring what we need more of to the table of the Housing Commission and the City residents. Please vote to appoint them.

J. Appointments to two unscheduled vacancies on the Housing Commission for terms ending on 6/30/2024 and 6/30/2026.

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picture from the Internet.

New item Received 10/5/2023
To help protect your privacy,
Micro so ft Office prevented
auto matic downlo ad o f this
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document
Thank you,
ITEM 16.J.

October 10, 2023
ITEM 16.J.

October 10, 2023

16.J.c
Packet Pg. 1029 Attachment: Written Comments (6053 : Appointments: Housing Comms. (5 mins.)) 2 Danielle Charney
ITEM 16.J.

October 10, 2023
ITEM 16.J.

October 10, 2023

16.J.c
Packet Pg. 1030 Attachment: Written Comments (6053 : Appointments: Housing Comms. (5 mins.)) 1 Xavier Mota
From: [email protected]
Sent: Monday, October 9, 2023 6:46 PM
To: councilmtgitems
Cc: Gleam Davis; Lana Negrete; Christine Parra; Oscar de la Torre; Phil Brock; Caroline Torosis; Jesse Zwick
Subject: CC item 16J—HC appointments

EXTERNAL
Hello Mayor Davis, Mayor Pro Tem Negrete, and esteemed City Councilmembers, Please appoint Gail Gordon and Analise Wells to the Housing Commission Tuesday night.

Gail Gordon is a decades long resident of Santa Monica, recently reƟred from producing and teaching opera, and a mom and pop landlord. She is well prepared and eager to serve the Santa Monica community by joining the Housing Commission.

Analise Wells is a lifelong resident of the Pico neighborhood who is studying public policy at Santa Monica College. She is passionate about affirmaƟvely furthering fair and affordable housing, and will make an important addiƟon to the Housing Commission.

Thank you for your consideraƟon.

Best wishes,
Michelle Gray
Santa Monica resident
ITEM 16.J.

October 10, 2023
ITEM 16.J.

October 10, 2023

16.J.c
Packet Pg. 1031 Attachment: Written Comments (6053 : Appointments: Housing Comms. (5 mins.))