5.Q
Packet Pg. 485 Minutes Acceptance: Minutes of Aug 22, 2023 5:31 PM (CONSENT CALENDAR) 10 August 22, 2023
ABSENT: None
HOUSING
COMMISSION
16.C. Recommendation to accept Josh Hamilton's resignation from the Housing Commission and authorize the City Clerk to publish the vacancy, was presented.
Motion by Mayor Davis, seconded by Mayor Pro Tem Negrete, to accept the resignation with regret. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
DISABILITIES
COMMISSION
16.D. Recommendation to accept Debra Senopole's resignation from the Disabilities Commission and authorize the City Clerk to publish the vacancy, was presented.
Motion by Mayor Davis, seconded by Mayor Pro Tem Negrete, to accept the resignation with regret. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
COUNCIL CHAMBERS 16.E. Request of Mayor Pro Tem Negrete to direct the City Manager to waive any facility fees and allow the use of the Council Chambers for a public hearing hosted by the California State Board of Equalization (BOE), tentatively scheduled for October 19, 2023, between 9 am- 5 pm.
The meeting will be open to the public and will provide valuable information regarding affordable housing tax credits, was presented.
Motion by Councilmember Parra, seconded by Councilmember Brock, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
HISPANIC HERITAGE
MONTH
16.F. Request of Mayor Pro Tem Negrete and Councilmembers Parra and Brock that, to kick off Hispanic Heritage Month festivities, Council direct the City Manager to (1) waive fees associated with the partial use of the parking lot on the Santa Monica Pier to support the 3rd Annual
5.Q
Packet Pg. 486 Minutes Acceptance: Minutes of Aug 22, 2023 5:31 PM (CONSENT CALENDAR) 11 August 22, 2023
Councilmember de la Torre
excused at 9:59 p.m.
Santa Monica Classic Car Show scheduled for September 9, 2023, presented by the Pico Youth and Family Center; and (2) allocate up to $7,000 of Council discretionary funds to reimburse the Pico Youth and Family Center for documented expenditures to support sound & stage, entertainment, and promotional materials for this event that will be free and open to the public, was presented.
Councilmember de la Torre recused himself on this item to avoid the perception of conflict of interest because of his relationship with Pico Youth and Family Center.
Motion by Councilmember Brock, seconded by Councilmember Parra, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: Councilmember de la Torre
MUNICIPAL &
BUSINESS LEADERS
FROM MAZATLAN,
MEXICO
Councilmember de la Torre
returned at 10:02 p.m.
16.G. Request of Councilmember de la Torre to allocate $2000 of Council discretionary funds to host a delegation of municipal and business leaders from Sister City Mazatlán, Mexico on September 6, 2023. Topics will focus on exchanges of successful experiences in municipal affairs, strengthening ties between the two cities, and discussing business opportunities. Funds will be used for food, transportation and related expenses, was presented.
Motion by Councilmember Parra, seconded by Councilmember Brock, to adopt the staff recommendation, with an amendment to change the wording to “up to $2,000”. The motion, with the amendment was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
MARTIN LUTHER
KING JR.
CELEBRATION
16.H. Request of Councilmember Torosis, Mayor Davis, and Councilmember Zwick to allocate $9000 of Council discretionary funds to the Westside Coalition in support of the annual Martin Luther King Jr. Celebration to be held on January 15, 2024. This celebration will mark the 39th anniversary of the event and will embrace the theme “Stop the Hate, Start the Healing”. The program will be free and open to the public, was presented.
5.Q
Packet Pg. 487 Minutes Acceptance: Minutes of Aug 22, 2023 5:31 PM (CONSENT CALENDAR) 12 August 22, 2023
Motion by Councilmember Brock, seconded by Mayor Pro Tem Negrete, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
SANTA MONICAN
RENTERS
16.I. Request of Councilmember Torosis, Councilmember Zwick, and Mayor Davis directing the City Manager and City Attorney to implement and develop recommendations for programs and ordinances to protect the 70 percent of Santa Monicans who are renters amidst record evictions, was presented.
Motion by Councilmember de la Torre, seconded by Councilmember Brock, to adopt the staff recommendation, with the amendments that all stakeholders including the Housing Commission, Planning Commission, Rent Control Board, and the Disabilities Commission be given an opportunity to weigh in and also that protections for roommates also be examined as part of the project.
The motion, with amendments was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
SYRINGE EXCHANGE
PROGRAM
16.J. Mayor Davis, Mayor Pro Tem Negrete, and Councilmember Brock directs the City Manager and City Attorney to investigate and analyze the process employed by the LA County Department of Public Health leading to its syringe exchange program in Santa Monica in light of the August 14, 2023 California appellate court decision of Grant Park Neighborhood Association Advocates v. Department of Public Health, Santa Cruz County, Third Appellate District, holding the California Department of Public Health is required to engage in a fully interactive process with affected local jurisdictions prior to implementing a syringe exchange program, then return with information and take all necessary action consistent with ensuring the legally required process is followed.
On September 13, 2022, the City Council unanimously authorized sending a letter seeking the assistance of Los Angeles County in immediately moving the Harm Reduction Syringe Services Program to a service rich environment (preferably indoors) where individuals in need of substance abuse, mental health, and other services can coordinate and work directly with service providers. Subsequently, Los Angeles County
5.Q
Packet Pg. 488 Minutes Acceptance: Minutes of Aug 22, 2023 5:31 PM (CONSENT CALENDAR) 13 August 22, 2023
transitioned to operating the Harm Reduction Syringe Services Program via mobile vans that operates for a cumulative three hours per week, was presented.
Questions asked and answered of staff included: does the City track the need for emergency services related to drug overdoses since the start of the syringe exchange program; can Council receive information from staff; and, does the current program, after it transitioned in response to the September letter from Council, comply with the requirement set forth in the Appellate Court decision or will that be part of your analysis.
Considerable discussion ensued on topics including, but not limited to: the Appellate decision in the case of Grant Park Neighborhood Association v.
The Department of Public Health regarding syringe exchange required processes and input from local governments and residents; request the City Manager's Office and staff to look at whether the processes required were followed in order to get a permit to utilize our public spaces; and, reconsider whether having it at Reed Park is the appropriate place to have this program.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Brock, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
AHPP & STATE
DENSITY BONUS
16.K. Councilmembers Brock, de la Torre and Parra request that the City Manager and City Attorney explain the following: (1) the relationship between AHPP and the ability to be eligible for State Density Bonus and (2) whether AHPP requirements are consistent with income requirements under State Density Bonus law. Also, the City Manager and City Attorney are being asked to discuss the compounding effects of the AHPP and State Density Bonus on building height and density. On April 11, 2023 (Agenda item 10-b), the City Council voted to amend the Zoning Ordinance to ensure consistency with State law and the City’s certified Housing Element that included an updated Affordable Housing Production Program (AHPP), was presented.
Questions asked and answered of staff included: would we be amenable to release some sort of YouTube video with a narrated PowerPoint to put on our website for residents to view; could it be some sort of community meeting where questions can be asked and answered instead of a Council meeting.
Considerable discussion ensued on topics including, but not limited to:
5.Q
Packet Pg. 489 Minutes Acceptance: Minutes of Aug 22, 2023 5:31 PM (CONSENT CALENDAR) 14 August 22, 2023
the possibility of the Planning Department, City Attorney, and City Manager presenting an informative session at the upcoming September meeting; to provide residents with a comprehensive understanding of the Affordable Housing Production Program and the state density bonus, beyond written documentation, by simplifying complicated concepts; concerns regarding potentially diminishing of affordable housing units as well as proposed construction of off-site units; and, an option of putting together a presentation published online.
Motion by Mayor Pro Tem Negrete, seconded by Mayor Davis, to adopt the recommendation and direct staff to produce an interactive webinar session open to the public discussing the relationship between AHPP, the ability to be eligible for State density bonus, whether AHPP requirements are consistent with income requirements under State density bonus law and discuss the compounding effects of the AHPP and state density bonus on building heights and density, give proper notice to all community residents in both English and Spanish, and provide an interactive component as to how this meeting is going to work.
Councilmember de la Torre proposed a friendly amendment to do a town hall meeting instead of a webinar. The motion was not considered friendly by the seconder.
Substitute motion by Councilmember Brock, seconded by Councilmember Parra, to retain the original motion and replace the webinar session with a hybrid town hall meeting, adding the SB290.
Mayor Davis proposed a friendly amendment to produce a webinar in the event the City cannot technologically produce a hybrid town hall meeting.
The amendment was not considered friendly to the maker.
The substitute motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Mayor Pro Tem Negrete,
NOES: Councilmember Zwick, Mayor Davis
ABSENT: None
Councilmember Zwick stated his no vote was because his belief that this is not the best way to solve the problem at hand. Mayor Davis stated her no vote due to concern that staff may face technological difficulties which may delay getting information to constituents.
SANTA MONICA
HOUSING AUTHORITY
BOARD
16.L. Request of Councilmembers Brock, Parra, and de la Torre, in the spirit of diversity, equity and inclusion, that the City Council desires to provide for the participation of not less than one homeless individual or
5.Q
Packet Pg. 490 Minutes Acceptance: Minutes of Aug 22, 2023 5:31 PM (CONSENT CALENDAR) 15 August 22, 2023
formerly homeless individual on the Santa Monica Housing Authority Board (SMHAB), and that the City Council hereby appoints the candidate recommended by the Housing Commission, Ms. Courtney Lauretano, to the SMHAB as of today's date, to serve until the formal establishment of the rules pertaining to the selection of the proposed Client Advisory Board representation on the SMHAB is completed, was presented.
Questions asked and answered of staff included: When will Council appoint the CAB and how long will the appointment last; have we stopped receiving recommendations from Commissions; have any vacancies been published; and, have applications been accepted.
Motion by Councilmember Brock, seconded by Councilmember de la Torre, to adopt the staff recommendation, and amend to include the option of appointing an alternative Client Advisory Board representative.
Councilmember Torosis proposed a friendly amendment to include language that explicitly states that the appointee will be serving in an interim capacity until there is a formal establishment of rules. The amendment was considered friendly by the maker and seconder.
The motion, with the amendment was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Mayor Pro Tem Negrete
NOES: Councilmember Zwick, Mayor Davis
ABSENT: None
Councilmember Zwick voted no because, as the City, we should follow our procedures and processes to be fair.
Mayor Davis voted no because Council sets a dangerous precedence allowing Boards and Commissions recommend applicants, and not allowing an application process.
CONTINUE MEETING Motion by Mayor Pro Tem Negrete, seconded by Mayor Davis, to continue the meeting past 11:00 p.m. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
5.Q
Packet Pg. 491 Minutes Acceptance: Minutes of Aug 22, 2023 5:31 PM (CONSENT CALENDAR) 16 August 22, 2023
CONTINUED ITEMS:
BOARDS AND
COMMISSIONS
APPOINTMENTS
8.A. Annual Appointments to the following Boards and Commissions, were presented.
Board/
Commission
No.
of
Seats
Term End
Date
Special Requirements
Disabilities
Commission
1 6/30/2027 Must be self-identified person with a
disability and reside in the City.
On order of the Mayor, the floor was opened for nominations.
Councilmember Torosis nominated Kathryn Kosmeya-Dodge for reappointment.
There being no other nominations, Kathryn Kosmeya-Dodge was appointed to the Disabilities Commission for a term ending June 30, 2027, by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
Housing
Commission
1 6/30/2025 Must be a resident of the City and be
an affordable housing program
participant who is 62 years or older.
On order of the Mayor, the floor was opened for nominations.
Councilmember Brock nominated Deborah Senopole.
There being no other nominations, Deborah Senopole was appointed to the Housing Commission for a term ending June 30, 2025, by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
Public Safety
Reform and
Oversight
Commission
1 6/30/2027 One shall be between 18-22 years.
5.Q
Packet Pg. 492 Minutes Acceptance: Minutes of Aug 22, 2023 5:31 PM (CONSENT CALENDAR) 17 August 22, 2023
Due to no applicants, this item was continued to a later date.
Urban Forest
Task Force
1 6/30/2025 One must be current or past certified
arborist. Must reside, work or hold
business licenses in the City.
On order of the Mayor, the floor was opened for nominations.
Mayor Davis nominated Jerry Rubin.
Jerry Rubin was appointed to the Urban Forest Task Force for a term ending June 30, 2025, by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
RECESS OF SPECIAL
CITY COUNCIL
MEETING
On order of the Mayor, the Special City Council Meeting was recessed to hear second reading Ordinance Items 10.A, 10.B, and 10.C of the Regular City Council Meeting at 12:06 a.m. with Councilmember Zwick being excused from the meeting.
ADJOURNMENT OF
REGULAR CITY
COUNCIL MEETING
On order of the Mayor, the Regular City Council meeting was adjourned and the Special City Council meeting was reconvened at 12:08 a.m.
OPEN CARRY
PROHIBITION
10.A. Introduction and First Reading of an Ordinance Adding Santa Monica Municipal Code Chapter 3.29 to Prohibit the Open Carry of Knives, Daggers, and Swords in Public Areas, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the proposed ordinance is categorically exempt under Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines.
2. Introduce for first reading an ordinance adding Chapter 3.29 to the Santa Monica Municipal Code establishing regulations prohibiting the open carry of knives, daggers, and swords in public areas.
Motion by Councilmember Brock, seconded by Mayor Pro Tem Negrete, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof.
5.Q
Packet Pg. 493 Minutes Acceptance: Minutes of Aug 22, 2023 5:31 PM (CONSENT CALENDAR) 18 August 22, 2023
The motion was approved by the following vote:
AYES: Councilmembers Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: Councilmember Zwick
RETAIL FIREARM
SALE REGULATIONS
10.B. Introduction and First Reading an Ordinance Amending Santa Monica Municipal Code Chapter 3.24 to Regulate Retail Firearm Sales, Establish Additional Firearm Owner Responsibilities, Restrict Weapon Usage on City-Owned Property and Other Locations, Establish a Voluntary Commitment Program, and Ban Non-Serialized Firearms in the City, was presented.
Recommended Action
Staff recommends that Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Introduce for first reading an ordinance amending Santa Monica Municipal Code Chapter 3.24 to regulate retail firearm sales, establish additional firearm owner responsibilities, restrict weapon usage on City-owned property and other locations, establish a voluntary commitment program, and ban non-serialized firearms in the City.
Questions asked and answered of staff included: did we look at San Jose to see how their law is working, and do we have a specific plan to make sure the members in the community are aware of the new law.
Considerable discussion ensued on topics including, the importance of providing outreach to the public.
Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: Councilmember Zwick
NUISANCE
ABATEMENT
10.C. Introduction and First Reading of Ordinance Amending the Text of the Santa Monica Municipal Code Creating Article 13, Neighborhood Preservation, and Chapter 13.02, Property Maintenance, and Chapter
13.04, Vacant Properties and Moving Language Found in Chapter 8.96,
5.Q
Packet Pg. 494 Minutes Acceptance: Minutes of Aug 22, 2023 5:31 PM (CONSENT CALENDAR) 19 August 22, 2023
Abatement of Nuisances, to New Chapter 13.06, Abatement of Nuisances, and Retitling Chapter 8.96 to Reserved, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption and no possibility of significant effect pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) and Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Introduce for first reading an Ordinance amending the text of the Santa Monica Municipal Code by creating new Article 13, Neighborhood Preservation, Chapter 13.02, Property Maintenance, and Chapter
13.04, Vacant Properties, and moving language found in Chapter 8.96, Abatement of Nuisances, to new Chapter 13.06, Abatement of Nuisances, and retitling Chapter 8.96 to Reserved.
3. Adopt Resolution No. 11544 (CCS) Amending the Administrative Citation Schedule of Fines for Fiscal Year 2023-24 to Include Violations of Chapters 13.02, Property Maintenance, 13.04, Vacant Properties, and 13.06, Abatement of Nuisances, to the Administrative Citation Fee Schedule and Removing All Violations of Chapter 8.96, Abatement of Nuisances from the Administrative Citation Fee Schedule.
4. Consider providing direction to staff to return at a future City Council meeting with an item creating a vacant property registration program that includes fees which serve to recover costs associated with the inspection and ongoing monitoring of vacant properties in the City of Santa Monica.
Questions asked and answered of staff included: is there enough staffing to enforce this new ordinance, and if not, how many additional staff is needed; could this type of enforcement lead to additional housing habitability; with 130 vacant properties, is there any way to know what those properties are; are there no fines for the first citation; how many of the 130 vacant properties are apartment buildings; and, is there any proactive notices sent out to property owners letting them know that they may be in violation.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Brock, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof, with proposed changes to the Ordinance; and, adopt Resolution No. 11544 (CCS).
The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Mayor Pro Tem Negrete, Mayor Davis
5.Q
Packet Pg. 495 Minutes Acceptance: Minutes of Aug 22, 2023 5:31 PM (CONSENT CALENDAR) 20 August 22, 2023
NOES: None
ABSENT: Councilmember Zwick
RESOLUTIONS:
POET LAUREATE
PROGRAM
14.A. Adoption of Resolution No. 11543 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA CREATING A POET LAUREATE PROGRAM”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Adopt a Resolution establishing a City of Santa Monica Poet Laureate program and the program’s terms and conditions.
3. Authorize the City Manager or designee to take implementing actions necessary to administer the Poet Laureate program.
Questions asked and answered of staff included: is it required that the person be a resident in Santa Monica; is the program open to high school students, and why can’t the age to start the program be 16 instead of 18; and how will younger poets be able to participate in the program.
Motion by Councilmember Brock, seconded by Councilmember de la Torre, to adopt the staff recommendation, and amend to make residency a requirement to participate in the program. The motion was approved by the following vote:
AYES: Councilmembers Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: Councilmember Zwick
ADJOURNMENT On order of the Mayor, the Special City Council meeting adjourned at 12:58 a.m. in memory of Dominic Smith.
ATTEST: APPROVED:
Denise Anderson-Warren Gleam Davis
City Clerk Mayor
5.Q
Packet Pg. 496 Minutes Acceptance: Minutes of Aug 22, 2023 5:31 PM (CONSENT CALENDAR) 1 November 28, 2023
(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 28, 2023
A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:30 p.m., on Tuesday, November 28, 2023, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Gleam Davis
Mayor Pro Tem Lana Negrete
Councilmember Phil Brock
Councilmember Oscar de la Torre
Councilmember Christine Parra
Councilmember Caroline Torosis (arrived at 5:42 p.m.)
Councilmember Jesse Zwick (arrived at 5:34 p.m.)
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:30 p.m., with all members present except Councilmembers Zwick and Torosis. Mayor Pro Tem Negrete led the assemblage in the Pledge of Allegiance.
GENERAL PUBLIC
INPUT:
Councilmember Zwick
arrived at 5:34 p.m.
Councilmember Torosis
arrived at 5:42 p.m.
Members of the public Burr Leonard, Jerry Rubin, Denise Barton, Bryan Bishop, Rhea Devlugt, Anthony, Sara Lee, Harvey Eder and Johnathan Foster commented on various local issues.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
There were no members of the public present to comment on closed session items.
There were no members of the public present to comment on special agenda items.
Members of the public Denise Barton and Harvey Eder commented on consent calendar items.
PROCLAMATIONS/
COMMENDATIONS,
SPECIAL AGENDA
3.A. Commendation: Samohi Viking Marching Band, was presented.
3.B. City Manager Report, was presented.
5.R
Packet Pg. 497 Minutes Acceptance: Minutes of Nov 28, 2023 5:30 PM (CONSENT CALENDAR) 2 November 28, 2023
ITEMS
AGENDA
MANAGEMENT
Motion by Mayor Davis, seconded by Councilmember Brock, to hear the student speakers on 16.C. before closed session. The motion was unanimously approved by voice vote, with all members present.
CLOSED SESSIONS On order of the Mayor, the City Council recessed at 6:15 p.m., to consider closed sessions and returned at 7:45 p.m., with all members present, to report the following:
4.A. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): Dennis Lettenmeier v. City of Santa Monica et al.; LASC Case No. 23SMCV01287
The City Attorney advised this matter was heard with no reportable action taken.
4.B. Consider appointment of unrepresented employee -
Government Code §54957(b); City negotiator: Mayor; Unrepresented employee: City Clerk/Interim City Clerk; conference with labor negotiator - Gov. Code §54957.6; City negotiator: Mayor; Unrepresented employee: City Clerk/Interim City Clerk.
The City Mayor announced that the Council is appointing Assistant City Clerk Nikima Newsome as the Interim City Clerk, effective December 28, 2023 at salary step 3.
REPORT ON COUNCIL
TRAVEL
Councilmember Brock attended the National League of Cities conference in Atlanta, GA a week ago, where he sat on the Public Safety and anticrime committee and the Council on Families education and youth, where he stressed the need for National Mental health help on our streets.
REPORT ON MEETING
COMPENSATION
Pursuant to State law, City Clerk Denise Anderson-Warren announced that Council will receive no compensation for meeting as the Public Financing Authority.
CONSENT CALENDAR: There being a Consent Calendar for Council and the Public Financing Authority, the Mayor, with the consensus of the Councilmembers, convened to a joint meeting at 7:51 p.m., and the two Consent Calendars were heard concurrently, with all Agency/Councilmembers present.
All items were considered and approved in one motion unless removed by a Councilmember for discussion.
At the request of Councilmember Torosis, Item 5.F. was removed from the
5.R
Packet Pg. 498 Minutes Acceptance: Minutes of Nov 28, 2023 5:30 PM (CONSENT CALENDAR) 3 November 28, 2023
Consent Calendar.
Motion by Authority/Councilmember Brock, seconded by
Authority/Councilmember Zwick, to approve the Consent Calendar except for Item 5.F., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Authority/Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Vice Chair/Mayor Pro Tem Negrete,
Chair/Mayor Davis
NOES: None
ABSENT: None
AIRPORT RUNWAY
MAINTENANCE
5.A. Award Bid and Contract to Vellutini Corporation for Replacement and Maintenance of Airport Runway Lighting and Controls, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities), and 15302
(Replacement/Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines.
2. Award Bid #SP2496 to Vellutini Corporation (dba Royal Electric) for the replacement and maintenance of Airport runway lighting and controls for the Public Works Department.
3. Authorize the City Manager to negotiate and execute Contract No. 11507 (CCS) with Vellutini Corporation, in an amount not to exceed $647,758, including a $58,887 contingency, for the construction of the new lighting system.
4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.
5. Authorize the City Manager to negotiate and execute Agreement No. 11508 (CCS) with Vellutini Corporation, in an amount not to exceed $150,000 for three years, with two additional one-year renewal options in the amount of $100,000, to maintain and repair runway lighting and controls, on the same terms and conditions, for a total amount not to exceed $250,000 over a five-year period, with future year funding contingent on Council budget approval.
WATER AND
WASTEWATER
CONSULTING SERVICES
5.B. Award Professional Services Contract No. 11509 (CCS) to Enterprise Automation for SCADA Integration & On-Call Response and Modification of CT #10613 (CCS) with Vertech for SCADA Integration Transition, was approved.
Recommended Action
Staff recommends that the City Council:
5.R
Packet Pg. 499 Minutes Acceptance: Minutes of Nov 28, 2023 5:30 PM (CONSENT CALENDAR) 4 November 28, 2023
1. Adopt a finding of categorical exemption pursuant to Section 15301 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines.
2. Award RFP #369 to Enterprise Automation, a California-based company, as the primary consultant to provide professional services for Supervisory Control And Data Acquisition (SCADA) System Integration and On-Call Support
3. Authorize the City Manager to negotiate and execute Agreement No. 11509 (CCS) with Enterprise Automation in an amount not to exceed $2,404,700 (including a 10% contingency) over a five-year period with future year funding contingent on Council budget approval.
4. Authorize the City Manager to negotiate and execute a fifth modification to Agreement No. 10613 (CCS) in the amount of $240,600 with Vertech for SCADA integration transitional support services for the City’s water and wastewater infrastructure SCADA system. This would result in a ten-year amended agreement with a new total amount not to exceed $1,000,000, with future year funding contingent on Council budget approval.
FENCING AND GATE
ACCESS CONTROLS
5.C. Award Bid to Burkhardt Custom for Provision and Installation of Fencing and Gate Access Controls, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15303 of the California Environmental Quality Act (CEQA) Guidelines.
2. Award Bid #4462 to Burkhardt Custom for the provision and installation of fencing and access controls for the Public Works Department.
3. Authorize the City Manager to negotiate and execute Agreement No. 11510 (CCS) with Burkhart Custom, for an amount not to exceed $480,000 over a five-year period, with future year funding contingent on Council budget approval.
ADMINISTRATIVE
CITATION PROCESSING
SERVICES
5.D. Approval of Professional Services Agreement No. 11511 (CCS) with Data Ticket for Administrative Citation Processing Services was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3)(Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Award RFP #370 to Data Ticket, Inc. for administrative citation processing services for the Community Development Department.
3. Authorize the City Manager to negotiate and execute Agreement No. 11511 (CCS) with Data Ticket, Inc., in an amount not to exceed
5.R
Packet Pg. 500 Minutes Acceptance: Minutes of Nov 28, 2023 5:30 PM (CONSENT CALENDAR) 5 November 28, 2023
$214,000 over a five-year period with future year funding contingent on Council budget approval.
LASERFICHE CLOUD
SERVICES
5.E. Approval of Contract Modification for Self-Hosted Service and Migration to Laserfiche Cloud Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a third modification to Agreement No. 9789 (CCS) in the amount of $156,037 with Compulink Management Center, Inc. dba Laserfiche for continued electronic document management and self-hosted services for the Police Department. This will result in a 5-year amended agreement with a new total amount not to exceed $518,251, with future year funding contingent on Council budget approval; and
2. Authorize the City Manager to negotiate and execute new (Software as a Service) SaaS Agreement No. 11512 (CCS) with Compulink Management Center, Inc. dba Laserfiche for continued electronic document management and cloud migration services for the Records & Election Services (City Clerk) and Community Development Departments. This recommended agreement is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (g) and is for a 10-year agreement with a total amount not to exceed $839,000 with future year funding contingent on Council budget approval; and
3. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
WATER TREATMENT
FACILITY SUPPLIES
5.G. Award Purchase Orders to Univar (Primary) and Brenntag Pacific, Inc. (Secondary) for Hydrogen Peroxide and to Hill Brothers Chemical Co. for Liquid Calcium Chloride, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines.
2. Award Bid #4465 to Univar Solutions USA Inc (Univar) as the primary vendor for the purchase of hydrogen peroxide and to Brenntag Pacific, Inc. (Brenntag) as the secondary vendor for the purchase of hydrogen peroxide and to Hill Brothers Chemical Co. for the purchase of liquid calcium chloride for the Public Works Department.
3. Authorize the Procurement Manager to issue a purchase order with Univar for hydrogen peroxide for a total amount not to exceed
5.R
Packet Pg. 501 Minutes Acceptance: Minutes of Nov 28, 2023 5:30 PM (CONSENT CALENDAR) 6 November 28, 2023
$1,200,000 over a five-year period, with future year funding contingent on Council budget approval.
4. Authorize the Procurement Manager to issue a purchase order with Brenntag as the secondary vendor for hydrogen peroxide for a total amount not to exceed $1,400,000 over a five-year period, with future year funding contingent on Council budget approval.
5. Authorize the Procurement Manager to issue a purchase order with Hill Brothers Chemical Co. (Hill Brothers) for liquid calcium chloride for a total amount not to exceed $350,000 over a five-year period, with future year funding contingent on Council budget approval.
CITY COUNCIL
MEETING CALENDAR
5.H. Resolution No. 11563(CCS) entitled: “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING
THE 2024 CITY COUNCIL MEETING CALENDAR”, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution establishing the 2024 Council regular meeting calendar; and
2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
MINUTES 5.I. Minutes for City Council - Regular Meeting - Aug 22, 2023 5:30 PM, were approved.
MINUTES 5.J. Minutes for City Council – Special Meeting – Nov 13, 2023 6:00 PM, were approved.
MINUTES 5.K. Minutes for City Council – Regular Meeting – Nov 14, 2023 5:30 PM, were approved.
MINUTES 5.L. Minutes for Public Financing Authority meetings, were approved.
Recommended Action
Staff recommends that the Public Financing Authority approve the minutes for March 23, 2021, and July 13, 2021 meetings.
ADJOURNMENT OF
SPECIAL MEETING
On the order of the Chair/Mayor, the Special meeting of the Public Financing Authority was adjourned at 7:54 p.m. and reconvened the Regular meeting of the City Council.
ELECTRIC VEHICLE
CHARGERS
5.F. Award Contract to GreenWealth for the Installation, Operation, and Maintenance of Designated Public Electric Vehicle
5.R
Packet Pg. 502 Minutes Acceptance: Minutes of Nov 28, 2023 5:30 PM (CONSENT CALENDAR) 7 November 28, 2023
Chargers, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities), Section 15302 (Replacement/Reconstruction), and Section 15303 (New Construction of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines.
2. Award RFP #372 to GreenWealth Energy Solutions, Inc. for the installation, operation, and maintenance of designated public Electric Vehicle (EV) chargers for the Public Works Department.
3. Authorize the City Manager to negotiate and execute Agreement No. 11513 (CCS) with GreenWealth Energy Solutions, Inc. for five years with three two-year renewal options at no cost to the City.
This item was pulled by Councilmember Torosis to request a summary of the staff report from staff.
Questions asked and answered of staff included: do we have an idea of how much revenue is going to come back to the city that we don’t currently receive annually; does GreenWealth work with any union workers; would there be an opportunity to work with GreenWealth to encourage them to use electricians and workers who are union; are we planning to continue to outsource our EV program or is there a plan to eventually bring this inhouse; are we keeping ChargePoint or are we eliminating them entirely; with GreenWealth will residents now be charged a higher rate; how much was the city paying for EV charging last year; who will report on EV charge and use, will it come from the vendor or the city; how many chargers are there throughout the city currently; is there any liability to the city after the 5-year contract that the city will have to take over responsibility for these chargers; and, is there a maximum fee the city puts on GreenWealth that they can charge the user.
Motion by Councilmember Parra, seconded by Councilmember Torosis, to approve the recommended action. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Members of the public Oscar de la Torre Jr., Raden Madley, Maia Baker and Alicia Lewis commented on Item 16.C.
COUNCILMEMBER 16.A. Request of the Human Services Commission to declare a
5.R
Packet Pg. 503 Minutes Acceptance: Minutes of Nov 28, 2023 5:30 PM (CONSENT CALENDAR) 8 November 28, 2023
DISCUSSION ITEMS:
HUMAN SERVICES
COMMISSION
Commissioner's seat vacant due to absenteeism and lack of communication from the incumbent, was presented.
Motion by Mayor Davis, seconded by Mayor Pro Tem Negrete, to accept the resignation with regret.
The motion was approved by a unanimous voice vote, with all members present.
DISCRETIONARY FUNDS 16.B. Request of Councilmember Torosis, Councilmember Zwick, and Mayor Davis to allocate $10,000 of Council discretionary funds for the Girl Central, Rockstar Kids, and Peace Camp community programs operated by local multi faith nonprofit Church in Ocean Park (CIOP). These programs seek to empower youth, particularly girls, children with disabilities, and economically disadvantaged youth, through a variety of programs that promote education, community building and leadership skills, was presented.
Motion by Councilmember de la Torre, seconded by Councilmember Torosis, to approve the recommended action. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
DISCRETIONARY FUNDS
Councilmember de la Torre
excused at 8:24 p.m.
16.C. Request of Mayor Pro Tem Negrete and Councilmembers Brock and Parra that the City Council allocate $5,000 of their Discretionary Funds to the Samohi Co-Ed Wrestling Team, a 501(c)(3).
The funding will be used to offset costs related to transportation, tournament fees, lodging for out-of-town tournaments and equipment, thereby allowing all students on the team to participate in all activities for the season, was presented.
Councilmember de la Torre recused himself to avoid a potential conflict of interest because his son is the Captain of the Co-Ed wrestling team.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Parra, to approve the recommended action. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: Councilmember de la Torre
5.R
Packet Pg. 504 Minutes Acceptance: Minutes of Nov 28, 2023 5:30 PM (CONSENT CALENDAR) 9 November 28, 2023
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 8:32 p.m. in memory of Frank Morales and Seiji Inatsugu.
ATTEST: APPROVED:
Denise Anderson-Warren Gleam Davis
City Clerk Mayor
5.R
Packet Pg. 505 Minutes Acceptance: Minutes of Nov 28, 2023 5:30 PM (CONSENT CALENDAR) 1 November 28, 2023
(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 28, 2023
A Special meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:35 p.m., on Tuesday, November 28, 2023, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Gleam Davis
Mayor Pro Tem Lana Negrete
Councilmember Phil Brock
Councilmember Oscar de la Torre
Councilmember Christine Parra
Councilmember Caroline Torosis (arrived at 5:42 p.m.)
Councilmember Jesse Zwick
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Denise Anderson-Warren
CONVENE On order of the Mayor, the City Council convened at 5:35 p.m., with all members present except Councilmember Torosis.
PUBLIC INPUT FOR
SPECIAL AGENDA
ITEMS:
Councilmember Torosis
arrived at 5:42 p.m.)
There were no members of the public present to comment on special agenda items.
COMMENDATIONS/
SPECIAL AGENDA
ITEMS:
3.A. Commendation: St. Monica Mariners, was presented
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 6:09 p.m.
ATTEST: APPROVED:
Denise Anderson-Warren Gleam Davis
City Clerk Mayor
5.S
Packet Pg. 506 Minutes Acceptance: Minutes of Nov 28, 2023 5:35 PM (CONSENT CALENDAR) City Council
Report
City Council Meeting: December 12, 2023
Agenda Item: 10.A
1 of 3
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code (SMMC) Section 4.85.020 Related to Lobbyist Registration and Reporting Requirements
Recommended Action
Staff recommends that the City Council:
1. Introduce for first reading the attached ordinance to amend Section 4.85.020 requiring lobbyists to file lobbyist forms using the City’s new electronic lobbyist registration system, and
2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
Summary
This amendment would update lobbyist regulations with references to using the newly implemented electronic registration system for filing forms. The City’s NetFile system allows community members to easily search for lobbying activities, eliminate the need to download, print and submit forms and reduce data entry for lobbyists, and create processing efficiencies for City Clerk staff.
Discussion
In 2016, the Council adopted Ordinance 2511 (CCS) establishing lobbyist regulations and requiring lobbyists to register with the City Clerk’s Office. Since then, Clerk staff created and posted fillable portable document format (PDF) registration forms on the City’s lobbyist webpage for lobbyists to download, fill out and file with the office.
10.A
Packet Pg. 507
2 of 3
Completed forms were then scanned, if needed, and posted on the City’s webpage.
Despite forms being scanned for Optical Character Recognition (OCR) to make them searchable, community members still requested a spreadsheet of all lobbyist activity to assist with their searches. Creating the spreadsheet required extensive staff time to reenter most information already documented on the forms, and they continued to update as new forms were filed.
In 2007, Council authorized staff to purchase NetFile, an electronic filing system for campaign disclosure statements, to improve the City’s electoral process. In 2015, Council adopted Ordinance 2499 (CCS), requiring the electronic filing of Campaign Disclosure Statements, to improve transparency. In 2017, Council adopted Resolution 11029 (CCS) requiring the electronic filing of Statements of Economic Interest (SEI) by City staff and officials using NetFile’s SEI module. In 2023, NetFile launched a Lobbyist Registration module and staff leveraged this existing system, rather than procure a new system, to streamline processes for Clerk staff. Staff launched the lobbyist registration module for the June 2023 renewal period. Since then, the City’s 25+ lobbyists have renewed and amended their registration electronically without major issues. This ordinance will require all lobbyists to file all forms electronically, which will increase accuracy and transparency.
Environmental Review
This proposed amendment to lobbyist regulations is exempt from the California Environmental Quality Act (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 amendment represents administrative changes to the lobbyist registration process and would not result in physical effects, and therefore, is exempt from CEQA.
Past Council Actions
Meeting Date Description
03/22/16 Original ordinance regulating lobbying in Santa Monica
10.A
Packet Pg. 508
3 of 3
04/25/17 Ordinance amending Chapter 4.85 to clarify definitions, registration and reporting requirements, and exemptions. 01/10/23 Ordinance amending Chapter 4.85 to clarifying the definition of ‘lobbying activity’ and prohibiting lobbyists to serve on City boards and commissions.
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: Maria Dacanay, Administrative Analyst
Approved Forwarded to Council
Attachments:
A. Proposed Ordinance Amending SMMC 4.85.020
10.A
Packet Pg. 509
1 City Council Meeting December 12, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.85.020
RELATED TO LOBBYIST REGISTRATION AND REPORTING REQUIREMENTS WHEREAS, in 2016, Council adopted Ordinance No. 2511 (CCS) requiring lobbyist to register with the City Clerk’s Office; and
WHEREAS, the efficacy of registrations is enhanced through prompt, electronic filings, which serve to make information available to the public expeditiously and in a form that is readily accessible; and
WHEREAS, the proposed amendment clarifies that lobbyist forms must be electronically filed through the City Clerk’s registration system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.85.020 is hereby amended to read as follows:
4.85.020 Registration and reporting requirements.
(a) A lobbyist shall annually register with the City Clerk, no later than ten days after qualifying as a lobbyist under this chapter, on using an electronic registration form system provided by the City, and shall thereon disclose:
(1) Lobbyist/lobbyist firm;
(2) Business/mailing address;
10.A.a
Packet Pg. 510 Attachment: Proposed Ordinance Amending SMMC 4.85.020 [Revision 9] (6026 : Electronic Filing of Lobbyist Registrations) 2 (3) E-mail address;
(4) Telephone number;
(5) The names of all owners of the lobbyist’s business if the business is a sole proprietorship or partnership of less than five members; (6) Names of each individual lobbyist;
(7) A description of the nature of the business entity or organization; (8) The name, business address and phone number of each client receiving lobbying services;
(9) The nature of each client’s business;
(10) A brief description of the governmental decision that the Lobbyist seeks to influence on each client’s behalf and the names of the officials the lobbyist has contacted on each client’s behalf;
(11) The name of each person employed or retained by the lobbyist to engage in lobbying activities on each client’s behalf; and
(12) The date, amount, and description of any payment made to, or on behalf of any City official or member of an official’s family. Payments to be disclosed include gifts, meals, fees, salaries and any other form of compensation or remuneration, but do not include campaign contributions.
10.A.a
Packet Pg. 511 Attachment: Proposed Ordinance Amending SMMC 4.85.020 [Revision 9] (6026 : Electronic Filing of Lobbyist Registrations) 3 (b) A lobbyist shall electronically file an amendment to his or her registration and reporting form within ten days of representation of a new client. An addendum must be filed electronically within ten days of any change in the information required to be disclosed on the form related to existing clients. Lobbyists shall report the names of all officials contacted about a governmental decision prior to any public hearing on that decision.
(c) The following are exempt from this Chapter:
(1) Persons whose attempts to influence government action are limited to appearing at public meetings or preparing, processing or limited to submitting writings for consideration of use at public meetings if their communications are part of the public record; and
(2) Persons representing themselves in attempting to obtain decisions relating to their own properties or business; and
(3) Persons whose communications related solely to a memorandum of understanding or collective bargaining agreement between the City and its employee organization; and
(4) Persons who are officials or members of neighborhood groups who are not economically compensated for advocating or speaking on behalf of neighborhood groups to influence a City action.
10.A.a
Packet Pg. 512 Attachment: Proposed Ordinance Amending SMMC 4.85.020 [Revision 9] (6026 : Electronic Filing of Lobbyist Registrations) 4 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. 513 Attachment: Proposed Ordinance Amending SMMC 4.85.020 [Revision 9] (6026 : Electronic Filing of Lobbyist Registrations) City Council
Report
City Council Meeting: December 12, 2023
Agenda Item: 10.B
1 of 7
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and First Reading of an Interim Zoning Ordinance Extending Interim Zoning Regulations Adopted by Interim Zoning Ordinance 2764 (CCS) to Amend 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 extending interim zoning regulations adopted by Interim Zoning Ordinance 2764 (CCS) 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 sell adult-use cannabis or adult-use cannabis products to persons 21 years of age and over.
Summary
On October 24, 2023, Council adopted Interim Ordinance Number 2764 (CCS) (IZO 2764) which adopted interim zoning regulations 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 sell adult-use cannabis or adult-use cannabis products to persons 21 years of age and over. In accordance with Santa Monica Municipal Code Section
10.B
Packet Pg. 514
2 of 7
9.46.090(C), IZO 2764 becomes effective on December 14, 2023, and is set to expire on February 12, 2024. Staff proposes an extension of the interim zoning regulations that would continue until February 12, 2026. Over this timeframe, staff will return to Council with an ordinance allowing for adult-use cannabis retail business and non-retail business types within the City and will 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. Depending on the circumstances, Council could make amendments to the IZO or repeal it.
Discussion
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.
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
10.B
Packet Pg. 515
3 of 7
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.
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
10.B
Packet Pg. 516
4 of 7
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 5 of 9 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.
10.B
Packet Pg. 517
5 of 7
On November 14, 2023, Council adopted IZO 2764 replacing the term “Medical Marijuana Dispensary” with “Medicinal Cannabis Retailer”, removing certain requirements for Medicinal Cannabis Retailers for consistency with State law, and permitting Medicinal Cannabis Retailers to sell adult-use cannabis or adult-use cannabis products to persons 21 years of age and over. Council added a requirement to the IZO that the sale of adult-use cannabis or adult-use cannabis products to persons 21 years of age and over shall be permitted only if a regulatory permit for adult-use cannabis has been obtained by the two retailers by June 1, 2024.
The interim ordinance becomes effective on December 14, 2023, and is set to expire on February 12, 2024. Council may extend the interim ordinance until December 14, 2028, allowing the IZO to be in effect up to 60 months in accordance with Santa Monica Municipal Code (SMMC) Section 9.46.090(C).
Staff recommends extension of the IZO for 24 months until February 12, 2026. The proposed extension would allow staff to return to Council with an ordinance allowing for adult-use cannabis retail business and non-retail business types within the City and to 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. The proposed extension would not preclude Council from revisiting the IZO prior to its expiration to potentially amend the provisions or duration of the IZO. Depending on the circumstances, Council could make amendments to the IZO or repeal it.
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
10.B
Packet Pg. 518
6 of 7
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 11/14/23 (attachment D) Adoption of 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
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
10.B
Packet Pg. 519
7 of 7
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.
Prepared By: Tony Kim, Principal Planner
Approved Forwarded to Council
Attachments:
A. Interim Zoning Ordinance Extension
B. October 24, 2017 Council Meeting Cannabis Interim Zoning Ordinance (Web Link)
C. February 25, 2020 Council Meeting Cannabis Interim Zoning Ordinance Extension (Web Link)
D. June 13, 2023 Council Meeting Adult-Use Cannabis Study Session E. November 14, 2023 Council Meeting Adult-Use Cannabis Interim Zoning Ordinance (Web Link)
F. PowerPoint Presentation
10.B
Packet Pg. 520
1 City Council Meeting: December 12, 2023 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)
AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING INTERIM ZONING ORDINANCE NO. 2764 AND 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
10.B.a
Packet Pg. 521 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 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, the 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”) and established regulations for the medicinal and adult-use cannabis markets, aligned all permit types, and authorized 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
WHEREAS, consistent with State actions, 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
10.B.a
Packet Pg. 522 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 3 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; and 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 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
10.B.a
Packet Pg. 523 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 4 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 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
10.B.a
Packet Pg. 524 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 5 limitations on, businesses have been and continue to be devastating to the local Santa Monica economy; and
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 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:
(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
10.B.a
Packet Pg. 525 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 6 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 staff to return with an ordinance amendment allowing the previously approved medicinal cannabis retailers to also sell adult-use cannabis while the permanent adult-use cannabis updates are pending; and
WHEREAS, on November 14, 2023, City Council the adopted IZO No. 2764, which: (1) updated the interim regulations in order to allow the two approved medicinal cannabis retailers to also sell adult-use cannabis; and (2) made 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, IZO No. 2764 will become effective December 14, 2023, and it is set to expire 60 days thereafter on February 12, 2024; and WHEREAS, as the City continues to support local businesses during this next phase of economic recovery following the pandemic, and contingent upon the effective date of IZO No. 2764, the City Council desires to extend IZO No. 2764 for two years in accordance with SMMC 9.46.090(C), with a new expiration date of February 12, 2026, to allow adequate time for staff to further evaluate the results of the land use changes included in the IZO and to develop a permanent adult-use cannabis program; and
WHEREAS, the proposed extension would not preclude Council from revisiting the IZO prior to its expiration to potentially amend the provisions or
10.B.a
Packet Pg. 526 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 7 duration thereof where necessary; and
WHEREAS, the extension of and amendments to the interim zoning regulations set forth in this IZO extension support local business retention and promote new business opportunities addressing the needs of the business community and residents by expanding opportunities within the City; 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 extension of the IZO to allow for economic recovery within the City by expanding permitted cannabis use and to also update the Zoning Ordinance to extinguish any inconsistencies with State law and the cannabis industry.
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:
(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
A. Purpose. The purpose of this subsection is to ensure that the development of Medicinal Cannabis Retailers 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
10.B.a
Packet Pg. 527 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 8 nearby residents and businesses while providing for the needs of all segments of the community. Medicinal Cannabis Retailers shall be permitted, located, developed, and operated consistent with the following development standards:
B. Conditional Use Permit. Each Medicinal Cannabis Retailer 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 no larger than 2,500 square feet shall be permitted. Medicinal Cannabis Retailers 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. The distance shall be established on the date of application for the Conditional Use Permit.
D. Hours of Operation. Medicinal Cannabis Retailers 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 shall be issued on-site.
F. Delivery. Delivery of medicinal cannabis 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 cultivated in California may be sold in a Medicinal Cannabis Retailer.
H. On-Site Cultivation. A maximum area of 15% of the total floor area may be used for on-site cultivation.
10.B.a
Packet Pg. 528 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 9 I. 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.
J. Inspections. A Medicinal Cannabis Retailer 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.
K. Enforcement Cooperation. A Medicinal Cannabis Retailer, and all employees thereof, 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 Professions Code Section 26000 et seq., to persons 21 years of age and over, only if a regulatory permit for adult-use cannabis has been obtained by June 1, 2024. Only cannabis cultivated within California may be sold in accordance with
10.B.a
Packet Pg. 529 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 10 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 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
10.B.a
Packet Pg. 530 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 11 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 of the group and may include common areas maintained and used by group members. Community gardens may be accessory to public or institutional uses
10.B.a
Packet Pg. 531 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 12 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. b. Clinic. A facility providing medical, mental health, or surgical services exclusively on an out-patient basis, including emergency
10.B.a
Packet Pg. 532 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 13 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 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,
10.B.a
Packet Pg. 533 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 14 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 services on the site but excludes the provision by shops and hospitals of 24-hour accommodation of animals receiving medical services on site. This
10.B.a
Packet Pg. 534 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 15 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 Rental, for further details.
c. Automobile Storage Parcel. Any property used for short- or
10.B.a
Packet Pg. 535 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 16 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, trucks, motorcycles, motor homes, boats and recreational vehicles, including the incidental sale, installation, and servicing of related equipment
10.B.a
Packet Pg. 536 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 17 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 Repair, Major and Minor, for further details.
g. Automobile/Vehicle Washing. Washing, waxing, or cleaning
10.B.a
Packet Pg. 537 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 18 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.
4. Banks and Financial Institutions.
a. Bank and Credit Union. Financial institutions providing retail
10.B.a
Packet Pg. 538 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 19 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, 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
10.B.a
Packet Pg. 539 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 20 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 golf courses. It also includes indoor facilities with 5,000 square feet or more in building area such as fitness centers, gymnasiums, handball, racquetball,
10.B.a
Packet Pg. 540 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 21 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 kind or nature.
8. Eating and Drinking Establishments. Businesses primarily
10.B.a
Packet Pg. 541 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 22 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 consumption (see Commercial Kitchen). See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.280, Restaurants, Limited Service and
10.B.a
Packet Pg. 542 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 23 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.
9. Equipment Rental. Establishments whose primary activity is the rental of equipment, such as medical and party equipment, to individuals and
10.B.a
Packet Pg. 543 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 24 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 supermarkets and specialty food stores such as retail bakeries; candy, nuts and confectionary stores; meat or produce markets; vitamin and health food
10.B.a
Packet Pg. 544 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 25 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 use. This use type excludes Colleges and Trade Schools and facilities that offer instructional services (see General Personal Services). This use type also
10.B.a
Packet Pg. 545 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 26 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 recreation facilities available to guests or to the general public. This use classification includes motor lodges, motels, apartment hotels, hostels and
10.B.a
Packet Pg. 546 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 27 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.
19. Offices. Offices of firms, organizations (for-profit and nonprofit), and public agencies providing professional, executive, management, administrative or
10.B.a
Packet Pg. 547 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 28 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. c. Medical and Dental. Offices providing consultation,
diagnosis, therapeutic, preventive, or corrective personal treatment
10.B.a
Packet Pg. 548 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 29 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 massage establishments that are in full compliance with the applicable provisions of Chapter 6.104, Massage Regulations, of the Santa Monica
10.B.a
Packet Pg. 549 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 30 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
(a) Building Materials and Services. Retail sales or rental of building supplies or equipment. This classification includes lumberyards,
10.B.a
Packet Pg. 550 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 31 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 similar small-item repairs. See Division 3, Sections 9.31.210, Outdoor Newsstands, and 9.31.220, Outdoor Retail Display and Sales, where
10.B.a
Packet Pg. 551 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 32 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.
10.B.a
Packet Pg. 552 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 33 (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 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 Interim Zoning 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 Interim Zoning 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 Interim Zoning Ordinance. The City Council hereby declares that it would have passed this Interim Zoning Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or
10.B.a
Packet Pg. 553 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal 34 unconstitutional without regard to whether any portion of the Interim Zoning 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 Interim Zoning Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Interim Zoning Ordinance shall become effective thirty days after its adoption.
SECTION 5. This Interim Zoning Ordinance shall be of no further force or effect on or after February 12, 2026, unless it is otherwise extended pursuant to Santa Monica Municipal Code Section 9.46.090.
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
10.B.a
Packet Pg. 554 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal City Council
Item 10.B
December 12, 2023
10.B.f
Packet Pg. 555 Attachment: PowerPoint Presentation (6066 : Extend IZO to Allow Adult-Use Cannabis Recommended Action
• Introduce for first reading an Interim Zoning Ordinance extending interim zoning regulations adopted by Interim Zoning Ordinance 2764 (CCS) 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 sell adult-use cannabis or adult-use cannabis products to persons 21 years of age and over
City Council | 12.12.23 | Item 10.B
10.B.f
Packet Pg. 556 Attachment: PowerPoint Presentation (6066 : Extend IZO to Allow Adult-Use Cannabis IZO 2764 • Adopted on November 14, 2023 • Effective on December 14, 2023 • Set to expire February 12, 2024 City Council | 12.12.23 | Item 10.B
10.B.f
Packet Pg. 557 Attachment: PowerPoint Presentation (6066 : Extend IZO to Allow Adult-Use Cannabis Proposed Ordinance
• Extends IZO 2764 for 24 months until February 12, 2026 • The sale of adult-use cannabis or adult-use cannabis
products to persons 21 years of age and over shall be
permitted only if a regulatory permit for adult-use cannabis has been obtained by the two retailers by June 1, 2024
City Council | 12.12.23 | Item 10.B
10.B.f
Packet Pg. 558 Attachment: PowerPoint Presentation (6066 : Extend IZO to Allow Adult-Use Cannabis Recommended Action
• Introduce for first reading an Interim Zoning Ordinance extending interim zoning regulations adopted by Interim Zoning Ordinance 2764 (CCS)
• Adopt a finding Categorical Exemption pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines
City Council | 12.12.23 | Item 10.B
10.B.f
Packet Pg. 559 Attachment: PowerPoint Presentation (6066 : Extend IZO to Allow Adult-Use Cannabis City Council
Item 10.B
December 12, 2023
10.B.f
Packet Pg. 560 Attachment: PowerPoint Presentation (6066 : Extend IZO to Allow Adult-Use Cannabis Background
Medicinal Cannabis
Retailers with active
Conditional Use
Permits as of
October 10, 2023
925
Wilshire
Blvd
1416
Wilshire
Blvd
City Council | 12.12.23 | Item 10.B
10.B.f
Packet Pg. 561 Attachment: PowerPoint Presentation (6066 : Extend IZO to Allow Adult-Use Cannabis Medicinal Cannabis
Retailers with active
Conditional Use
Permits as of
October 10, 2023
925
Wilshire
Blvd
1416
Wilshire
Blvd
10.B.f
Packet Pg. 562 Attachment: PowerPoint Presentation (6066 : Extend IZO to Allow Adult-Use Cannabis City Council
Report
City Council Meeting: December 12, 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: Request of Mayor Davis and Mayor Pro Tem Negrete that the City Manager should issue a public notice to solicit letters of interest for the revitalization of the Civic Auditorium. The City Manager is being asked to prepare a public notice that shall indicate that the City will maintain ownership of the Civic Auditorium and will consider entering into a long-term lease. In addition, the public notice should indicate that the City is seeking letters of interest from individuals and/or entities that have the experience to operate the facility as a thriving entertainment and cultural arts venue, experience working with projects with landmark restrictions and express intention to preserve the distinguishing historical landmark attributes of the facility, to the greatest extent possible, and has the demonstrated financial wherewithal to operate the facility without any financial contribution from the City.
Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
Attachments:
A. Written Comments
16.A
Packet Pg. 563
1 Xavier Mota
From: Stanley H Epstein <[email protected]>
Sent: Friday, December 8, 2023 3:28 PM
To: Phil Brock; David White; Gleam Davis; Lana Negrete; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick; Clerk Mailbox
Subject: Item 16A for Tuesday’s meeting.Very Imperfect Language
EXTERNAL
Ladies and Gentlemen. The last part of the descripƟon of 16A Tuesday clearly implies that a prospecƟve tenant, will pay no rent , if successful, under its long term lease. If that was not intended, the language in 16A about the City having no financial obligaƟons should be amended to say that the proposed rent and other major business terms should be included in the bids, and also the tenant would pay 100% of the costs of all changes to the building. If the intenƟon is to have a net, net lease, that should be stated, too.
If Council thinks no minimum or percentage rent should be paid, that provision, at this Ɵme, would be an enormous mistake. There must first be a complete appraisal of the property, including possible uses, to evaluate the rental value and other economic terms. The appraisal will be useful in the requests for interested proposals.f This first step of instrucƟng David what Council wants, and the professionalism expected by the public, is obviously of great importance, and should be draŌed aŌer adequate discussion , expert real estate input, and public input. An item at the next Council meeƟng aŌer Tuesday, or aŌer receipt of such appraisal, might make much sense.
Sincerely, Stan Epstein. 310 393 7619
Sent from my iPad
ITEM 16.A.
December 12, 2023
ITEM 16.A.
December 12, 2023
16.A.a
Packet Pg. 564 Attachment: Written Comments (6177 : Civic Auditorium) 1 Xavier Mota
From: Ann Hoover <[email protected]>
Sent: Monday, December 11, 2023 7:44 PM
To: councilmtgitems; Gleam Davis; Lana Negrete; Phil Brock; Christine Parra; Oscar de la Torre; Caroline Torosis; Jesse Zwick; David White
Cc: Susan Cline; Douglas Sloan; Susan Cola; Jennifer Taylor; Nia Tang; Jenny Rogers; Sofia Klatzker; Steven Johnson; Maryanne LaGuardia; jaleh mirhasemi
Subject: December 12, 2023 City Council Meeting - Item 16.A. - Public Notice re the Civic Auditorium -
SUPPORT
EXTERNAL
SUPPORT
Dear Mayor Davis, Mayor Pro Tem Negrete, Mr. White, & Esteemed Councilmembers:
I write in support of Agenda Item 16.A. - issuance of a public notice to solicit letters of interest for revitalization of the Civic Auditorium.
It will be great to see if a proposal from the "suitor" identified by the Save the Civic group has legs.
The prospect, potentially, of fully reviving our Civic Center at last, juicing our civic life, and bringing an economic boost to our local economy too ...hopefully all in time for the 2028 LA Olympics...truly is an exciting one and a long time in coming.
Many thanks to our outgoing Mayor Davis, Mayor Pro Tem Negrete, Mr. White, and anyone else involved here for pushing this significant matter forward as a 16. Item this week.
Sincerely,
Ann Bowman
Resident, 27+ years
City Clerk – Please include this letter in the Public Record for Agenda Item 16.A., City Council meeting of December 12, 2023.
ITEM 16.A.
December 12, 2023
ITEM 16.A.
December 12, 2023
16.A.a
Packet Pg. 565 Attachment: Written Comments (6177 : Civic Auditorium) City Council
Report
City Council Meeting: December 12, 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: Request of Councilmember Brock, Mayor Pro Tem Negrete and Councilmember de la Torre that the City Manager extend the amount of free parking offered by the City at its Downtown parking garages from 90 minutes to 3 hours from December 22 through December 24 to spur last minute holiday shopping as a gift to our residents and visitors.
Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
Attachments:
A. Written Comments
16.B
Packet Pg. 566
1 Xavier Mota
From: Dr Michael Cahn <[email protected]>
Sent: Sunday, December 10, 2023 10:37 PM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Donald Shoup Subject: Item 16B (12/12/2023)
EXTERNAL
Dear Council Members,
Please do not approve item 16B! Within a few miles of Santa Monica resides Donald Shoup (copied), professor of parking, and author of the bestseller "The High Cost of Free Parking" He has inspired an international movement that for the very first time acknowledges the cost of free parking, and the need to price parking dynamically. He has done this not as a car hater, but as an economist, as a mathematician. He has found that free parking is a poisonous drug that provides perverse incentives and does so at the expense of the community: Both the impacts of additional cars lured into the city, the environmental impacts, but also the lost income from such a program are not what we need in the week when COP28 concludes in Dubai. It would indeed be a very unwelcome gift to us residents to entice more cars into our community during the holidays.
Instead, I would ask you to design a program for the holidays that waives all fees for transit and bus riders.
Thank you
Dr Michael Cahn
507 Washington Ave
ITEM 16.B.
December 12, 2023
ITEM 16.B.
December 12, 2023
16.B.a
Packet Pg. 567 Attachment: Written Comments (6178 : Free parking during Christmas Holiday) 1 Xavier Mota
From: Auguste Miller <[email protected]>
Sent: Monday, December 11, 2023 1:03 AM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: No to Item 16B
EXTERNAL
Dear Santa Monica City Council,
Hope this finds you well
I am writing in opposition to item 16B
We do not need to incentivize more people to drive downtown for the holidays! We already tried this and lost valuable revenue in the process, while failing to fulfill any of the intended outcomes.
Anyone who goes downtown over the weekend has seen the gridlock caused by cars looking for parking; there is no lack of people driving here, as proven by the 64% of our GHG emissions caused by motor vehicles. Offering more incentives for driving than we already do would be a waste of valuable resources.
If our goal is to encourage people to come here, let’s encourage them to do so in a more efficient and sustainable way, whether it’s by using the E Line, the Big Blue Bus, micro mobility, bike share, or the Circuit.
Better options are available; let’s promote those over driving! Thank you
Auguste Miller
37 Park Ave
Sent from my iPhone
ITEM 16.B.
December 12, 2023
ITEM 16.B.
December 12, 2023
16.B.a
Packet Pg. 568 Attachment: Written Comments (6178 : Free parking during Christmas Holiday) 1 Xavier Mota
From: Jacob Wasserman <[email protected]>
Sent: Monday, December 11, 2023 9:04 AM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: Oppose Item 16B
EXTERNAL
Dear Santa Monica City Council,
As a car-owner, walker, biker, parent, and Santa Monica resident, I am writing in opposition to Item 16B.
We do not need to incentivize more people to drive downtown for the holidays. We already tried this and lost valuable revenue in the process, while failing to fulfill any of the intended outcomes.
Anyone who goes downtown over the weekend has seen the gridlock caused by cars looking for parking. There is no lack of people driving here, as proven by the 64% of our greenhouse gas emissions caused by motor vehicles. Offering more incentives for driving than we already do would be a waste of valuable resources. Evidence instead shows that business income increases through promoting safe bicycle use and sidewalk activation.
If our goal is to encourage people to come here, let's encourage them to do so in a more efficient and sustainable way, whether by using the E Line, Big Blue Bus, micromobility, bike share, or Circuit. Better options are available; let's promote those over driving! Thank you,
Jacob Wasserman
11th Street and Washington Avenue
ITEM 16.B.
December 12, 2023
ITEM 16.B.
December 12, 2023
16.B.a
Packet Pg. 569 Attachment: Written Comments (6178 : Free parking during Christmas Holiday) 1 Xavier Mota
From: B K <[email protected]>
Sent: Monday, December 11, 2023 9:28 AM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: I oppose Item 16B!
EXTERNAL
Dear Santa Monica City Council,
I am wriƟng in opposiƟon to item 16B.
We do not need to incenƟvize more people to drive downtown for the holidays. We already tried this and lost valuable revenue in the process, while failing to fulfill any of the intended outcomes.
Anyone who goes downtown over the weekend has seen the gridlock caused by cars looking for parking; there is no lack of people driving here, as proven by the 64% of our GHG emissions caused by motor vehicles. Offering more incenƟves for driving than we already do would be a waste of valuable resources.
If our goal is to encourage people to come here, let’s encourage them to do so in a more efficient and sustainable way, whether it’s by using the E Line, the Big Blue Bus, micro mobility, bike share, or the Circuit. BeƩer opƟons are available; let’s promote those over driving!
Thank you,
Billy kang
Sent from my iPhone
ITEM 16.B.
December 12, 2023
ITEM 16.B.
December 12, 2023
16.B.a
Packet Pg. 570 Attachment: Written Comments (6178 : Free parking during Christmas Holiday) 1 Xavier Mota
From: Sam Shapiro-Kline <[email protected]>
Sent: Monday, December 11, 2023 9:58 AM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: I oppose Item 16B!
EXTERNAL
Dear Santa Monica City Council,
I am writing in opposition to item 16B.
We do not need to incentivize more people to drive downtown for the holidays. We already tried this and lost valuable revenue in the process, while failing to fulfill any of the intended outcomes.
Anyone who goes downtown over the weekend has seen the gridlock caused by cars looking for parking; there is no lack of people driving here, as proven by the 64% of our GHG emissions caused by motor vehicles. Offering more incentives for driving than we already do would be a waste of valuable resources.
If our goal is to encourage people to come here, let’s encourage them to do so in a more efficient and sustainable way, whether it’s by using the E Line, the Big Blue Bus, micro mobility, bike share, or the Circuit. Better options are available; let’s promote those over driving!
Thank you
Sam Shapiro‐Kline
90403
ITEM 16.B.
December 12, 2023
ITEM 16.B.
December 12, 2023
16.B.a
Packet Pg. 571 Attachment: Written Comments (6178 : Free parking during Christmas Holiday) 1 Xavier Mota
From: Caro Vilain <[email protected]>
Sent: Monday, December 11, 2023 10:36 AM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: I oppose Item 16B!
EXTERNAL
Dear council,
I strongly oppose item 16B.
We’ve tried similar things here before, and all it did was cost the city $128k, without showing any real positive impact.
You can find all the details below:
https://www.smarking.com/post/the‐significant‐cost‐of‐free‐parking‐learnings‐from‐the‐city‐of‐santa‐monica If our goal is to incentivize people to come to Santa Monica for their holiday shopping by gifting them something, offer free Tap cards for stores to give away to customers, promote the Bike Center’s bike valet and offer free hours of that, create a campaign that encourages people to the the Big Blue Bus for their holiday shopping, remind people that they can rent a cargo bike from the Bike Center if they have to carry bulky items. This would be a much more appropriate use of our funds, which doesn’t involve incentivizing the most unsafe, unsustainable, loud, frustrating way you could possible use to get downtown, also known as a motor vehicle.
Most of the purchases made downtown can easily be carried on transit or on a cargo or even regular bike. If someone is buying more than they could carry, the cost of parking won’t affect their choices.
In addition, parking in Santa Monica is already heavily subsidized. It also affects the lives of residents by encouraging more motor vehicles to travel through our streets, rather than have visitors come via public transit or micro mobility. I hope you understand at least some of the negative impacts this has.
If you’d like to learn more about the true cost of free parking, I highly recommend looking into some of the work of UCLA professor Donald Shoup.
https://www.shoupdogg.com/parking‐links/
I hope you take the time to inform yourself about the absurdity of free parking in a place like downtown Santa Monica, and strongly oppose this item.
Caro Vilain
90404
ITEM 16.B.
December 12, 2023
ITEM 16.B.
December 12, 2023
16.B.a
Packet Pg. 572 Attachment: Written Comments (6178 : Free parking during Christmas Holiday) 1 Xavier Mota
From: Jonathan Serra <[email protected]>
Sent: Monday, December 11, 2023 11:08 AM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: I oppose Item 16B!
EXTERNAL
Dear Santa Monica City Council,
I am wriƟng in opposiƟon to item 16B.
We do not need to incenƟvize more people to drive to downtown for the holidays. There is enough personal vehicle traffic congesƟon.
On any given day, downtown has gets gridlock caused by cars looking for parking. there are too many people driving here, as proven by the 64% of our GHG emissions caused by personal motor vehicles. Many of those cars have one maybe 2 people.
If our goal is to encourage people to come here, let’s encourage them to do so in a more efficient and sustainable way, whether it’s by using the E Line, the Big Blue Bus, micro mobility, bike share, or the Circuit. BeƩer opƟons already exist; let’s promote public transportaƟon over driving!
Thank you
[Jonathan Serra ]
[BLOCK EX. 500 22ND ST]
Sent from my iPhone
ITEM 16.B.
December 12, 2023
ITEM 16.B.
December 12, 2023
16.B.a
Packet Pg. 573 Attachment: Written Comments (6178 : Free parking during Christmas Holiday) 1 Xavier Mota
From: Carter Rubin <[email protected]>
Sent: Monday, December 11, 2023 11:24 AM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: I oppose Item 16B!
EXTERNAL
Dear Santa Monica City Council,
I am writing in opposition to item 16B.
We do not need to incentivize more people to drive downtown for the holidays. We already tried this and lost valuable revenue in the process, while failing to fulfill any of the intended outcomes.
Anyone who goes downtown over the weekend has seen the gridlock caused by cars looking for parking; there is no lack of people driving here, as proven by the 64% of our GHG emissions caused by motor vehicles. Offering more incentives for driving than we already do would be a waste of valuable resources.
If our goal is to encourage people to come here, let’s encourage them to do so in a more efficient and sustainable way, whether it’s by using the E Line, the Big Blue Bus, micro mobility, bike share, or the Circuit. Better options are available; let’s promote those over driving!
Thank you
Carter Rubin
Euclid Street, Pico Neighborhood
ITEM 16.B.
December 12, 2023
ITEM 16.B.
December 12, 2023
16.B.a
Packet Pg. 574 Attachment: Written Comments (6178 : Free parking during Christmas Holiday) 1 Xavier Mota
From: Vincent La Rocca <[email protected]>
Sent: Monday, December 11, 2023 11:52 AM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: I oppose Item 16B!
EXTERNAL
Dear Santa Monica City Council,
I am writing in opposition to item 16B.
We do not need to incentivize more people to drive downtown for the holidays. We already tried this and lost valuable revenue in the process, while failing to fulfill any of the intended outcomes.
Anyone who goes downtown over the weekend has seen the gridlock caused by cars looking for parking; there is no lack of people driving here, as proven by the 64% of our GHG emissions caused by motor vehicles. Offering more incentives for driving than we already do would be a waste of valuable resources.
If our goal is to encourage people to come here, let’s encourage them to do so in a more efficient and sustainable way, whether it’s by using the E Line, the Big Blue Bus, micro mobility, bike share, or the Circuit. Better options are available; let’s promote those over driving!
Thank you
Vincent La Rocca
ITEM 16.B.
December 12, 2023
ITEM 16.B.
December 12, 2023
16.B.a
Packet Pg. 575 Attachment: Written Comments (6178 : Free parking during Christmas Holiday) 1 Xavier Mota
From: Dena Greenwalt <[email protected]>
Sent: Monday, December 11, 2023 12:21 PM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: I oppose Item 16B!
EXTERNAL
Hey Santa Monica City Council,
I hope this finds you well.
I'm reaching out to share my concerns about item 16B on the agenda.
The idea of incentivizing more downtown driving during the holidays doesn't sit well with me. In the past, we tried this approach and unfortunately saw a loss in revenue without achieving any desired results.
Anyone who's been downtown on weekends knows the chaos caused by cars hunting for parking spots. With 64% of our GHG emissions coming from motor vehicles, it's evident that we don't lack traffic. Investing more in driving incentives seems counterproductive and wasteful.
Rather than doubling down on driving, why not focus on promoting more efficient and sustainable alternatives? Whether it's through the E Line, the Big Blue Bus, micro‐mobility options, bike shares, or the Circuit, there are better, greener ways to encourage people to visit.
Thanks for considering my perspective on this.
Best regards,
Dena
ITEM 16.B.
December 12, 2023
ITEM 16.B.
December 12, 2023
16.B.a
Packet Pg. 576 Attachment: Written Comments (6178 : Free parking during Christmas Holiday) 1 Xavier Mota
From: Diego Martinez <[email protected]>
Sent: Monday, December 11, 2023 1:39 PM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: I oppose Item 16B!
EXTERNAL
Dear Santa Monica City Council,
My name is Diego MarƟnez. Although I’m a resident of Ventura County, I am passionate about keeping the our urban areas sustainable and focused on the benefit of all people, not only people with cars. I am wriƟng in opposiƟon to item 16B.
We do not need to incenƟvize more people to drive downtown for the holidays. We already tried this and lost valuable revenue in the process, while failing to fulfill any of the intended outcomes.
Anyone who goes downtown over the weekend has seen the gridlock caused by cars looking for parking; there is no lack of people driving here, as proven by the 64% of our greenhouse gas emissions caused by motor vehicles. Offering more incenƟves for driving than we already do would be a waste of valuable resources.
If our goal is to encourage people to come here, let’s encourage them to do so in a more efficient and sustainable way, whether it’s by using the E Line, the Big Blue Bus, micro mobility, bike share, or the Circuit. BeƩer opƟons are available; let’s promote those over driving!
Thank you
Diego MarƟnez
ITEM 16.B.
December 12, 2023
ITEM 16.B.
December 12, 2023
16.B.a
Packet Pg. 577 Attachment: Written Comments (6178 : Free parking during Christmas Holiday) 1 Xavier Mota
From: Aaron H <[email protected]>
Sent: Monday, December 11, 2023 1:59 PM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: Oppose Item 16B on council agenda
EXTERNAL
Dear SMCC
I encourage you to oppose item 16B. We don't need more congestion and traffic around the holidays.
There is no such thing as "free" parking ‐‐ it is a public amenity that we all pay for that incentivizes inefficient ways to travel around.
To be clear I'm not against offering parking, but I'm against using our limited tax dollars to pay for people (especially from out of town that don't pay our taxes) to use up our public space to store their private car, especially given the city's recent actions to widen travel and parking lanes at the expense of a safe and comfortable bike lane.
Past experience shows that decreasing free parking periods keeps more spots available for visitors, especially those that need the space to access downtown. Long free parking periods increase the number of cars looking for parking and therefore more gridlock and traffic. In 2023 the people that want to drive are determined to do so ‐ they don't simply drive through downtown and "decide" to stop on a whim solely due to free parking ‐ especially since that free parking leaves fewer spots available.
If our goal is to encourage people to come here, let’s encourage them to do so in a more efficient and sustainable way, whether it’s by using the E Line, the Big Blue Bus, micro mobility, bike share, or the Circuit. Better options are available; let’s promote those over driving!
Thank you
Aaron H
1835 7th St
ITEM 16.B.
December 12, 2023
ITEM 16.B.
December 12, 2023
16.B.a
Packet Pg. 578 Attachment: Written Comments (6178 : Free parking during Christmas Holiday) 1 Xavier Mota
From: Jason Mastbaum <[email protected]>
Sent: Monday, December 11, 2023 4:40 PM
To: Phil Brock; Lana Negrete; Oscar de la Torre; Christine Parra; Jesse Zwick; Caroline Torosis; Gleam Davis
Cc: councilmtgitems
Subject: 12/12/2023 item 16B
EXTERNAL
Councilmembers, why are we revisiting an idea that we already know is a failed one? We already tried this in the 2020 holiday season and it was an abject failure. You don't have to take my word for it, our former parking manager Henry Servin's takeaway was, “If you’re a Parking Manager being pressured to reduce rates or to allow free parking, use this data and our learnings. In communities that already have an attractive draw, people will park for convenience not price.” (https://www.smarking.com/post/the‐significant‐cost‐of‐free‐parking‐learnings‐from‐the‐city‐of‐santa‐monica) In order to try to measure the impact of the free holiday parking, parking structures 7 and 8 were kept paid, and they saw more people parking than the free structures 1‐6 did. It also cost the city a whopping $128,000! Do Phil, Oscar, and Lana really want to have to explain to residents that the libraries remain closed because they flushed a bunch of city money down the toilet so Phil could get an extra 90 minutes of free charging for his new car? ITEM 16.B.
December 12, 2023
ITEM 16.B.
December 12, 2023
16.B.a
Packet Pg. 579 Attachment: Written Comments (6178 : Free parking during Christmas Holiday) 1 Xavier Mota
From: Andrew Thomas <[email protected]>
Sent: Tuesday, December 12, 2023 11:32 AM
To: councilmtgitems
Subject: December 12, 2023, Santa Monica City Council Agenda item 16B - Extending Free Parking at Downtown City Parking Structures
EXTERNAL
Dear Santa Monica City Council Members;
I am writing on behalf of Downtown Santa Monica, Inc. (DTSM, Inc.) regarding Santa Monica City Council Agenda Item 16B, the request that the City Manager extend the amount of free parking offered by the City at its Downtown parking garages from 90 minutes to three hours from December 22 through December 24 to spur last minute holiday shopping as a gift to our residents and visitors.
The DTSM, Inc. Board of Directors has not taken a specific position on this item. However, DTSM, Inc. strongly supports our local business community and all efforts to improve the parking experience in Downtown Santa Monica. Extending the free parking to three hours for these three days will benefit our residents, visitors, and local businesses by offering an important incentive to people visiting our Downtown. DTSM, Inc. commits to advertising this incentive through our stakeholder communications, social media, and by issuing a press release to all media outlets.
Thank you for discussing this item and for considering our local business community in making your determination.
Sincerely,
Andrew Thomas, LPM
Chief Executive Officer
Downtown Santa Monica, Inc.
1351 Third Street Promenade, Ste. 201
Santa Monica, CA 90401
310.393.8355 (Office)
www.DowntownSM.com
Instagram | Twitter | Facebook | TikTok
Sign up for our newsletter
ITEM 16.B.
December 12, 2023
ITEM 16.B.
December 12, 2023
16.B.a
Packet Pg. 580 Attachment: Written Comments (6178 : Free parking during Christmas Holiday) 1 Xavier Mota
From: Natalya Zernitskaya <[email protected]>
Sent: Tuesday, December 12, 2023 12:16 PM
To: councilmtgitems
Cc: Gleam Davis; Caroline Torosis; Jesse Zwick; Christine Parra; Oscar de la Torre; Lana Negrete; Phil Brock; David White
Subject: 12/12/23 City Council Agenda Item 16-B
EXTERNAL
December 12, 2023
Re: 12/12/2023 City Council Agenda Item 16-B
Dear Mayor Davis, Incoming Mayor Brock, Mayor Pro Tem Negrete, and City Councilmembers, I appreciate the intent behind the proposal to extend the length of free parking from 90 minutes to 3 hours at Santa Monica’s downtown parking garages from December 22nd through December 24th “to spur last minute holiday shopping as a gift to our residents and visitors.” However, I am opposed to this proposal because I do not believe that it will have the intended effect of increasing sales or increasing the number of people who would enjoy the holiday magic of 3rd Street Promenade and surrounding downtown area. Additionally, it would harm our City’s revenues when we are still in a period of fiscal recovery after the impacts of the pandemic.
I do not believe that increasing the length of the free parking period would drive more people to Downtown Santa Monica (pardon the pun) or lead residents and visitors to stay longer than they would otherwise do so.
If we are looking for ways to increase accessibility to our downtown and help support our local businesses, perhaps we could look into increasing awareness of and accessibility to downtown shuttles, improving pedestrian infrastructure, and banning right turns on red lights at “scramble” intersections so that residents and visitors exploring our amazing city can do so without fear for their safety.
Thank you for your continued service to our City.
Happy Holidays!
Sincerely,
Natalya Zernitskaya
Natalya Zernitskaya (she/her)
[email protected]
ITEM 16.B.
December 12, 2023
ITEM 16.B.
December 12, 2023
16.B.a
Packet Pg. 581 Attachment: Written Comments (6178 : Free parking during Christmas Holiday) 1 Xavier Mota
From: Ladd, Julia <[email protected]>
Sent: Tuesday, December 12, 2023 4:36 PM
To: Lana Negrete; Caroline Torosis; Gleam Davis; Jesse Zwick; Oscar de la Torre; Christine Parra; Phil Brock
Cc: councilmtgitems; Council Mailbox
Subject: Written Comment Item 16B - Council Meeting dated 12-12-23
EXTERNAL
December 12, 2023
Dear Mayor Davis and Esteemed Councilmembers,
On behalf of Macerich and Santa Monica Place, we are reaching out to express our support for Item 16B, specifically advocating for the extension of free parking in the Downtown parking garages from 90 minutes to a generous 3 hours from December 22nd through the 24th exclusively.
Macerich, under its longstanding management agreement with the City, oversees the operation of Parking Structures 7 & 8. We are acutely aware that there would be a financial impact of the extension of free parking.
However, in the spirit of the peak holiday season, we believe that the gesture of offering three hours of complimentary parking will convey a powerful message of goodwill and gratitude to our retailers, residents and cherished customers.
In today's landscape, where the ease of online shopping continues to gain momentum, we must prioritize providing an exceptional in‐person shopping experience. The proposed extension aligns with our commitment to ensure Santa Monica remains a preferred destination for shopping and leisure and helps us remain competitive with neighboring beach cities, such as Manhattan Beach, which have successfully implemented complimentary public parking during the holiday season.
To ensure the effectiveness of this initiative, we propose that the extended free parking period be limited to the specified three‐hour and three‐day period, from December 22nd through the 24th. We also encourage a robust media outreach effort involving the City, Downtown Santa Monica (DTSM), local businesses, and the Buy Local campaign to drive business.
We believe that this collective effort will not only bolster the local economy during the holiday season but will also foster a sense of community and appreciation among residents and visitors alike.
We appreciate your thoughtful consideration and urge you to vote in favor of Item 16B.
Warm regards,
Julia Ladd | VP, Property Management
. . . . . . . . . . . . . . . . . . . . . . . . . . .
Macerich
401 Wilshire Boulevard, Suite 700
ITEM 16.B.
December 12, 2023
ITEM 16.B.
December 12, 2023
16.B.a
Packet Pg. 582 Attachment: Written Comments (6178 : Free parking during Christmas Holiday) 2 Santa Monica, CA 90401
p. 424.229.3301
ITEM 16.B.
December 12, 2023
ITEM 16.B.
December 12, 2023
16.B.a
Packet Pg. 583 Attachment: Written Comments (6178 : Free parking during Christmas Holiday)